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Agenda 10-21-08 The City of Boynton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission 2ND REVISED AGENDA OCTOBER 21, 2008 Jerry Taylor Mayor - At Large Jose Rodriguez Vice Mayor - District III Ron Weiland I Commissioner - District I Woodrow Hay Commissioner - District II OLD BOYNTO Marlene Ross Q 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 REVISED AGENDA October 21, 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 Commissioner Woodrow Hay D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations None 2. Presentations: a. Presentation by Palm Beach County Commissioner Bob Kanjian regarding the contribution of $150,000 towards the development of Congress Avenue Community Park and Barrier Free Playground. b. Presentation of certificates to members of East Boynton Beach Senior Little League team. 1 Revised Agenda Regular City Commission Boynton Beach, FL October 21, 2008 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> V. ADMINISTRATIVE: A. Appointments Appointment Length of Term To Be Made Board Exoiration Date II Hay Bldg. Bd. Of Adj. & Appeals Reg 3 yr term to 12/10 Tabled (3) I Weiland Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 Tabled (3) IV Ross Cemetery Board Alt 1 yr term to 12/08 Tabled (2) 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 (3) I Weiland Community Relations Board Alt 1 yr term to 12/08 Tabled (3) Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (2) III Rodriguez Library Board Alt 1 yr term to 12/08 II Hay Library Board Reg 3 yr term to 12/09 II Hay Recreation & Parks Advisory Board Alt 1 yr term to 12/08 I Weiland Recreation & Parks Advisory Board Reg 3 yr term to 12/09 Tabled (2) III Rodriguez Recreation & Parks Advisory Board Alt 1 yr term to 12/08 III Rodriguez Veterans Advisory Commission Alt 1 yr term to 12/08 IV Ross Veterans Advisory Commission Reg 3 yr term to 12/08 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 - October 7, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2008-2009 Adopted Budget. 1. Rescind the contract for the RFQ: "RE-BID FOR QUALIFICATIONS FROM AN OP,ERATOR TO ASSEMBLE, CONSTRUCT (INTERIOR) AND OPERATE A CAFE FOR A FIVE (5) YEAR LEASE INSIDE THE NEW BOYNTON BEACH 2 Revised Agenda Regular City Commission Boynton Beach, FL October 21, 2008 LIBRARY", RFQ#061-2710-07/JA that was approved by Commission on August 7, 2007 to Big Brothers, dba P. Logans Coffee of Wellington, Florida. 2. Approve the expenditure of $489,216 against the City's existing Sid #027-2821-07/JA with Line Tec, Inc., for the supply and installation of water service connections in the district of Golfview Harbour. This expenditure is in addition to the previously Commission-authorized expenditure. 3. Approve a "piggy-back" contract RFP 2008-23 of the Town of Palm Beach for cleaning and evaluating storm and sanitary lines and structures that was awarded to AUI, LLC of Jacksonville, Florida. The Town of Palm Beach complied with Public Contract Bid requirements equal to or which exceed Boynton Beach's requirements in the amount of $566,164.88 plus a 10% contingency of $56,616.49 for a total of $622,781.37. C. Resolutions 1. Proposed Resolution No. R08-ll7 RE: Amending the City of Boynton Beach, FL Deferred Compensation Plans administered by Nationwide Retirement Solutions (NRS) and ICMA Retirement Corporation (ICMA/RC) to allow eligible plan participants the ability to borrow funds from their plan account balance. 2. Proposed Resolution No. R08-ll8 RE: Approving and authorizing execution of Task Order #08-05-1 for $697,092 to CH2M Hill to provide professional engineering and construction management services for the Central Seacrest Corridor Stormwater Improvements and Water Main Replacement Project plus an owner's contingency of 10% in the amount of $69,710 for a total budget appropriation of $766,802. 3. Proposed Resolution No. R08-ll9 RE: Approving and authorizing the City of Boynton Beach to officially adopt Palm Beach County's Local Mitigation Strategy (LMSA) for reducing the City's vulnerability to identified natural, technological and societal hazards. 4. Proposed Resolution No. R08-l20 RE: Approving the granting of a utility easement to Bellsouth Telecommunications, Inc., dba AT&T Florida, on the property known as "Police Station #2", whose address is 2210 South Congress Avenue, Boynton Beach, FL. 5. Proposed Resolution No. R08-l2l RE: Approve and authorize the City Manager to execute an agreement between the City of Boynton Beach and D. R. Horton, Inc., wherein Horton agrees to not seek refund of $136,300 of impact fees for Knollwood PUD Park site and instead these funds will serve as surety for the construction of a traffic 3 Revised Agenda Regular City Commission Boynton Beach, FL October 21, 2008 actuated signal at the intersection of Gateway Boulevard and Quantum Drive 6. Proposed Resolution No. R08-122 RE: Approving and authorizing execution of Task Order No. U08-03-07 in the amount of $31,775 to Brown and Caldwell to provide professional engineering services for Section C of the Raw Water Main Interconnect project and approve an owner's contingency of 10% in the amount of $3,178 for a total budget appropriation of $34,953. 7. Proposed Resolution No. R08-123 RE: Approving and authorizing the City Manager to sign Task Order No. U07-15-04 to Metcalf and Eddy in the amount of $515,406 for route evaluation of Section A of the Wellfield Interconnection line and preliminary design of the Ion Exchange System with transfer pumping station at the West Water Treatment Plant and approve an owner's contingency of 10% in the amount of $51,541 for a total budget appropriation of $566,947. 8. Proposed Resolution No. R08-124 RE: Approving and authorizing the City Manager to apply for State permits for temporary closing of Federal Highway from Boynton Beach Boulevard south to Woolbright Road for the annual Holiday Parade. D. Approve the reduction of a performance bond for Boynton Town Center and Boynton Village from $4,400,000 to $3,465,665.63. E. Approve the Arts Commission recommendation to purchase the sea turtle sculpture, Opus 14, which has been on loan to the City since 1995, for permanent placement at Oceanfront Park as part of Recreation and Parks commitment to public art in the project. F. Approve the reduction of a cash bond for the Monterey Bay project from $32,670 to $9,801. G. Approve the renewal of insurance policies for Automobile Liability & Physical Damage with Preferred Governmental Insurance Trust (PGIT), Equipment Breakdown Insurance with Hartford Steam Boiler Inspection & Insurance Company, and Inland Marine Insurance for marine vessels with Continental Insurance Company (CNA). H. Appoint two (2) members of the City Commission to hold voting rights at the National League of Cities (NLC) Annual Business Meeting, November 15, 2008. 1. Appoint representative(s) from the City Commission for the City's membership to the Business Development Board. 4 Revised Agenda Regular City Commission Boynton Beach, FL October 21, 2008 J. Report on possible annexation of property at Hypoluxo and Sea crest, authorize staff to negotiate utility extension agreement with Palm Beach Memorial Park and authorize staff to review possible modification to 2001 billboard lawsuit consent decree to relocate one billboard location. K. Authorize the use of $300 to Boynton Beach High School Girls Basketball program from Commissioner Ross's Community Investment Funds. L. Authorize the use of $1,200 to Boynton Beach High School Aerospace Science program from Commissioner Ross's Community Investment Funds. M. Authorize the use of $500 of Commissioner Hay's Community Investment Funds to Boynton Beach High School to assist in sending 31 students on a three-day trip on October 23, 24 and 25, 2008 to various aerospace locations in Florida. N. Authorize the use of $1,000 of Commissioner Hay's Community Investment Funds to Boynton Beach High School to assist with funding of athletic insurance and necessary equipment purchases. 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: Land Development Regulation (LDR) Rewrite Deliverable and Project Update A portion of Group 6 - Property Maintenance Requirements Agent: City-initiated Description: A portion of Group 6 deliverable, pursuant to the LDR Rewrite Work Schedule, which includes Article IV, newly drafted Property Maintenance Requirements, to be codified within existing Part II of the City's Code of Ordinances. This proposed section will replace a portion of Chapter 20 (Building, Housing and Construction General) of the LDR, and relocate it to Chapter 10 of Part II. This valuable Code section establishes new property maintenance requirements that would provide minimum standards for the upkeep of all vacant and developed property in the City. Unlike most portions of the LDR, which are interrelated and associated with new construction or redevelopment, this section is independent from the LDR, targets existing vacant and built properties, and would have immediate affect upon adoption. (1st Reading of Proposed Ordinance 5 Revised Agenda Regular City Commission Boynton Beach, FL October 21, 2008 No. 08-031) NOTE: The City Manager recommends that the City Commission not adopt the first reading of the ordinance at this time to a/low time for a fol/ow-up staff report on cost ramifications to private property owners under the proposed new regulations. IX. CITY MANAGER'S REPORT: A. Discuss status of Old High School B. Accept informational report on Palm Beach County's "Ten-Year Plan to End Homelessness in Palm Beach County, Florida". C. Report on take-home vehicles (Tabled on October 7, 2008) D. Presentation and discussion of CRA request for City Commission support of Comp Plan Amendment Application to Palm Beach County for Seacrest Blvd. Redesign X. FUTURE AGENDA ITEMS: A. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum - November, 2008 B. S.E. 4th Street Corridor Improvement Project - Review and discussion of project scope and budget - November 5, 2008 C. Report on Tow Contractor Meeting - November 18, 2008 D. Solid Waste and Bulk Trash Pick-up Program - December 2, 2008 E. Review of NE lth Avenue Canal - (Tabled on September 18, 2008 to December 2, 2008) F. 2008 Recreation and Parks Strategic Plan Update - January, 2009 G. Approve donations to the Juvenile Transition Center in the amount of $6,500 from the Police Department's Law Enforcement Trust Fund. (Tabled on August 5, 2008) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None 6 Revised Agenda Regular City Commission Boynton Beach, FL October 21, 2008 B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 08-016 RE: Adopting Comprehensive Plan amendments to incorporate State-required 10-Year Water Supply Facilities Work Plan and related amendments to four elements. 2. Proposed Ordinance No. 08-029 RE: Amending Chapter 10, "Garbage, Trash and Offensive Conditions," of the City of Boynton Beach Code of Ordinances, by amending Section 10-24 (a)(5), "Single Family Residential Refuse Collection", to provide for limitations on the placement of refuse containers in proximity to streets and sidewalks within the City. 3. Proposed Ordinance No. 08-030 RE: Amending Section 9-22 of Chapter 9, "Fire Protection and Prevention," to identify individuals and entities who are responsible for payment of fire and safety inspection services. 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 AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABIllTY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT PAM WELSH, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE OTY TO REASONABLY ACCOMMODATE YOUR REQUEST. REVISED AGENDA 10/21/200810:14 AM S:\CC\WP\CCAGENDA\AGENDAS\yEAR 2008\102108 - FINAL.DOC 7 III.-ANNOUNCEMENTS &. PRESENTATIONS Item C.2.a CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\. Requested City Commission Date Final Form Must be Tumed 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 August 19,2008 August 4, 2008 (Noon) o October 21, 2008 October 6, 2008 (Noon) o September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) o September 18, 2008 September 2,2008 (Noon) o November 18, 2008 November 3,2008 (Noon) o October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 17,2008 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE 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: To hear a presentation by Palm Beach County Commissioner Kanjian regarding the contribution of $150,000 towards the development of Congress A venue Community Park and Barrier Free Playground. EXPLANATION: As part of the 2002 $50M Palm Beach County Recreational and Cultural General Facilities Bond Fund, Commissioner Kanjian has allocated $150,000 towards the development of Congress A venue Community Park and Barrier Free Playground. PROGRAM IMPACT: The contribution from Commissioner Kanjian will allow staffto add another exciting element to this project. As planned, the park will provide an exciting, inspiring and accessible playground and park for adults and children of all abilities to enjoy. The entire park will be completely barrier-free so people of all abilities and disabilities can have access to all park amenities and features. Children with and without challenges can play together. Parents and grandparents with physical limitations can bring their children and grandchildren to the park and enjoy the amenities together. FISCAL IMPACT: The City will receive $150,000 from this contribution. There is currently $2,900,000 in the Capital Improvements Plan fund balance for the park development (Account# 302-4298-580-63-05). ALTERNATlv~=otacc~ J-~ ~artment 'l4etrcr'SSignature..... . City Manager's Signature Assistant to City Manager OM-- Recreation & Parks Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC III.-ANNOUNCEMENTS & PRESENTATIONS Item C. 2. b 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 August 19, 2008 August 4, 2008 (Noon) i:8J October 21, 2008 October 6, 2008 (Noon) 0 September 2, 2008 August 18, 2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) 0 September 18, 2008 September 2, 2008 (Noon) o November 18, 2008 November 3, 2008 (Noe S! ".... CD ~ 0 October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 17, 2008 0,1"') -0 (")"111 N 53 r ~-< i:8J Announcements/Presentati ons 0 City Manager's Report .% ..., "'.... NATURE OF 0 Administrative 0 New Business :s oi AGENDA ITEM 0 Consent Agenda 0 Legal CiJ ~ - 0 Code Compliance & Legal Settlements 0 Unfinished Business - 0 Public Hearing 0 RECOMMENDATION: Present certificates to members of the East Boynton Beach Senior Little League team. EXPLANATION: The East Boynton Beach Little League Senior League went undefeated in 16 games this past season before suffering its first loss at the Senior League World Series in Bangor, Maine, this past August. The team claimed regional and state success and at the World Series beat teams from Hawaii, the Philippines, Maine and Canada. PROGRAM IMPACT: The presentation will help heighten public awareness of the accomplishments of this team and enhance community pride.. FISCAL IMPACT: None AL TERNA TlVES: Not present certificates. I~/~~ ~-~o~ ~ Departm Head' ignature City Manager's Signature Assistant to City Manager ~ Public Affairs Department Name City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC V.ADMINISTRATIVE ITEM A. APPLICANT ELIGIBLE FOR APPOINTMENT 10/21/08 Last Name First 1st Choice 2nd Choice 3rd Choice Name Buist David Planning & Dev. Bd. Building Bd. Of Adj. & Apls. Dwork Jonathan Planning & Dev. Bd. Caudell Scott Police Officers' Retirement Trust Fund Grace Joyce Arts Commission Norfus Victor Planning & Dev Bd. Timm H. Warren Planning & Dev Bd. S:\CC\WP\BOARDS\APPMENTS\Board Year 200B\Applicants Eligible for Appointment 10 21 OB.doc 1 VI.-CONSENT AGENDA ITEM B.l. 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 Citv Clerk's Office c=J August 19,2008 August 4, 2008 (Noon) ~ October 2], 2008 October 6, 2008 (Noon) c=J September 2, 2008 August ]8,2008 (Noon) c=J November 5, 2008 October 20, 2008 (Noon) c=J September] 8, 2008 September 2,2008 (Noon) c=J November 18, 2008 November 3, 2008 (Noon) (") c=J October 7, 2008 September 15,2008 (Noon) c=J December 2,2008 November 17,2008 (NmI) C""} --1 CO :::t-< 0 -<t::;I ~ ('") ..,.., -4 c=J Announcements/Presentations c=J City Manager's Report .1lt'I I !"""lO I. c=J Administrative c=J New Business C" ::1:1-< NATURE OF ~% AGENDA ITEM ~ . ...... ~ Consent Agenda c=J Legal rflo 0% c=J Code Compliance & Legal Settlements c=J Unfinished Business \D ""\':'.0 ... ~ c=J Public Hearing c=J &- ..- :: RECOMMENDATION: A motion to rescind the contract for the RFQ: "RE-BID FOR QUALIFICATIONS FROM AN OPERATOR TO ASSEMBLE, CONSTRUCT (INTERIOR) AND OPERATE A CAFE FOR A 5 (FIVE) YEAR LEASE INSIDE THE NEW BOYNTON BEACH LIBRARY, RFQ#061-2710-07/JA that was approved by Commission on August 7, 2007, to Big Brothers, dba P. Logans Coffee, of Wellington, Florida. EXPLANATION: On a number of occasions staff has made attempts to meet with Horrace Cunningham, Vice President of P. Logans. A Certified, Return Receipt Request letter was sent to him on September 3, 2008, explaining that he did not meet the terms of the contract, deposit was not received, nor a commencement date agreed upon. According to the terms and conditions of this RFQ we have the right to terminate this contract giving thirty (30) days written notice. PROGRAM IMP ACT: The purpose of this RFQ was to seek an operator to assemble, (construct) interior and operate a cafe for a five (5) year lease inside the new Boynton Beach City Library, located at 208 S. Seacrest Blvd, Boynton Beach, Florida. FISCAL IMPACT: The lease agreement was for $1,500.00 per month, with an additional $200.00 per month for the use of utilities for a total of $1,700.00 monthly. AL TERNA TIVES, The only alternative to tM, hid i, to go out foe a new hl~ Department Head's Signature City Manager's Signature ~~ Assistant to Ci Manager ~ ~ City Atto , y / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Craig Clark - Library Director File AGREEMENT FOR AN OPERATOR TO ASSEMBLE, CONSTRUCT (INTERIOR) AND OPERATE A CAFF FOR A (5) FIVE YEARS INSIDE THE NE\V BOYNTON BEACH CITY LIBR4.R\ THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred II as "the City", and Bi2 Brothers Coffee Inc. D.B.A. P. Loeans Coffee, hereinafter referred to as "the Operator", in consideration of the mutual benefits, tem1s, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Operator is retained by the City to perform Concessionalfc sef\llces m connection with the project designated RE-BID OF REQUEST FOR QUALIFICATIONS FROM AN OPERATOR TO ASSEMBLE, CONSTRUCT (INTERIOR) AND OPERATE A CAFE FOR A (5) FIVE YEAR LEASE INSIDE THE NEW BOYNTON BEACH CITY LIBRARY, located at 208 S. Seacrest Blvd, Boynton Beach, Florida. 2. SCOPE OF SERVICES. Operator agrees to perform the services, identified on Exhibit "8" attached hereto, including the provision of all labor, materials, equipment and supplies. ,.., LEASEHOLD PREMISES. The City agrees to lease to an Operator a portion of the .). designated City facility located at the Boynton Beach City Library. Location is at the North East comer, first floor of the new two story addition. The facility, a concrete structure of approximately 711 square feet, to include a 97 square feet storage room. The space IS designated as the "cafe", and is owned by the City of Boynton Beach, Florida and operated for the selling of food and beverages for library patrons. 4. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Operator to proceed. Operator shall perform all services and provide all work required pursuant to this operator for five (5) years from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City 5. PAYMENT. The Concessionaire shall pay the City a sum of $1,700.00 ($1500.00 for rent and $200.00 for electric), each month for the first twelve (12) months of the lease agreement. Subsequent payments each month shall be based on Exhibit "B" attached hereto, a lease payment schedule based on the proposal from Concessionaire dated July 09. 2007. a. Said payment shall be made and received by the City on or before the 1 'l day oi each and every month. A late fee of 15% will be charged ifpayment is received after the 5th day of the month. Any monthly payment not received by the 25th day of the month shall be grounds for termination of the contract. b. Operator will keep accurate records of all sales and receipts through the use of electronic cash registers, which provide daily tapes and reports. The Operator \\ in prepare a monthly repor1 to the City and attach copies of dai ly tapes of each repon The City will have the right to inspect the books, records and inventories of the Operator at any given time. Monthly reports shall be due on the first of each month. c. Final payment of any balance due the City of the total contract price will be made promptly upon its ascertainment and verification by the City after the completion of concession services under this agreement and its acceptance by the City. d. Security deposit of $2,000.00 made by the Operator at time of award will be returned to Operator at the end of the lease, without interest, after determination that the Operator has fulfilled all terms of the lease and left the premises in adequate condition, as determined by the Library Director. e. The Operator's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the final payments. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Operator in connection with the services rendered under this agreement shall be the property of the City 7. COMPLIANCE WITH LAWS. Operator shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICA TION. Operator shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Operator's own employees, or damage to property occasioned by a negligent act, omission or failure of the Operator. 9. INSURANCE. The Operator shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$l,OOO,OOO. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within ten (10) days of notice of award and every year thereafter upon renewal for the duration of the contract. 10. INDEPENDENT CONTRACTOR. The Operator and the City agree that the Operator is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Operator nor any employee of Operator shall be entitled to any benefits accorded City employees by virtue of the services provided under CA-2 this agreement. The City shall not be responsible for \\'llhholding lW olhenvlse deduct i Ii federal income tax or socia! security or for contributing to the slate mdustnal msur~!::l program. othenvise assuming the duties of an emplover with respect to (lperator. ("I employee of Operator. 11. COVENANT AGAINST CONTINGENT FEES. The Operator \varrants that he has Ih\! employed or retained any company or person. other than a bonafide employee workj)]E' solely for the Operator, to solicit or secure this contract, and that he has not paId or agreed pay any company or person, other than a bonafide employee workmg solely for the Openllur. any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingen' upon or resulting from the aVo/ard or making of this contract. For breach or violation of this warranty, the City shaH have the right to alIDul this contract without liability or, in its discretion to deduct from the contract price or consideration. ur otherwise recover, the full amount of such fee. commission, percentage, brokerage fee, gIft. or contingent fee. 12. DISCRIMINATION PROHIBITED. THE OPERATOR, WITH REGARD TO THE WORK PERFORMED BY IT UNDER THIS AGREEMENT, WILL NOT DISCRIMINATE ON THE GROUNDS OF RACE, COLOR, NATIONAL ORIGIN, RELIGION, CREED, AGE, SEX OR THE PRESENCE OF ANY PHYSICAL OR SENSORY HANDICAP IN THE SELECTION AND RETENTION OF EMPLOYEES OR PROCUREMENT OF MATERIALS OR SUPPLIES. 13. ASSIGNMENT. The Operator shall not sublet or assign any of the services covered by' this agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision 15. TERMINATION. a. The City reserves the right to terminate this agreement thirty (30) days after delivery of written notice of such termination and reason (s) for the lease termination. b. In the event of the death of a member, partner or officer of the Operator, or any of Its supervisory personnel assigned to the project, the surviving members of the Operator hereby agree to complete the work under the terms of this agreement, if requested to do so by t11e City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Operator and the City, if the City so chooses. c. This lease agreement may be terminated immediately for default of monthly payment as stated in item # 5-A of this contract. d. This lease agreement may, at the option of the City, be terminated immediately It the Operator shall become insolvent or bankrupt, make an assignment for the benefit creditors or be convicted of a cnme or any otber similar gross misconduct I -~ ,". 16. RENEW AI. The Deputy Finance Director may renew the contract, at the same terms, conditions, and prices, for two (2) additional one (1) year periods subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 17. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 18. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach 208 S. Seacrest Blvd. Boynton Beach, Florida, 33425 Attn: Craig Clark, Library Director Notices to Operator shall be sent to the following address: Big Brothers Coffee Inc. D.B.A. P. Logans Coffee 1037 State Rd 7 Suite 113 Wellington, Fl 33414 Attn: Horace Cunningham 19. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Operator and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Operator. DATED this ~ day of ~~ ,20D7. ( CITY OF BOYNTON BEACH i~~ City Manager Attest/Authenticated: // c Tltle CA-4 (~ ;ry), p~ ( Corporate Seal) City <J]erk / ~ Approved as to Form: Attest/Authenticated: ICr--- ./ - ._-~---~~------" Off~6e fthe City Attorney Secretary ',J Rn =:: ii' ~ - EXHIBIT "B Scope of Services Related Responsibilities: 1. Operator shall propose a monthly lease payment to the City with increases shown over the duration of the contract 2. Operator shall submit a sample menu with proposal to include the brand name of the product being offered and a detailed description of the item. Menu is to reflect the increase in price over a five (5) year period. 3. Operator shall provide all working capital, operating equipment, and inventory necessary to effectively manage the cafe. All construction costs are to be borne by the operator. 4. Sample/Layout to be submitted with proposal, to include all furnishings. 5. In addition to the monthly lease amount, there will be an additional charge for the operator's usage of utilities, including but not limited to electric and water, at the cafe facility. The amount of utilities will be $200.00 per month for the first year of Agreement. The City reserves the right to adjust the amount of the monthly amount charged for utilities each year for the term of the Agreement, including any renewal periods, to account for the operator's actual utility usage during the previous year 6. The City shall not operate any competing cafe at the City of Boynton Beach Library without the operators' approval, or without the operator having the first option as to additional operations. 7. The operator will sell food and beverages as allowed by the City of Boynton Beach. 8. Operator may offer non-consumables for sale. Non-consumables may include, but are not limited to coffee mugs, hats or tee shirts; however, the City of Boynton Beach reserves the right to have the final approval of such items. No alcohol or tobacco products shall be offered for sale. 9. City may request the operator to offer the sale of, but not limited to t-shirts, book bags fashioned with the City, Library, and! or Friend's of the Boynton Beach City Library logo. These items will be inventoried by the City and all proceeds from their sale will be paid to the City or the Friends of the Boynton Beach City Library in addition to the monthly lease payment. 10. City shall not be responsible for any goods or equipment stored at the cafe or storage room nor will it be responsible for damage resulting from a power failure, flood, fire, theft, vandalism, explosion and/or other causes. 11. The City reserves the right to inspect premises at any time. CA-6 12. The operator shall keep accurate records of an sale:.; and r:?celpts througn the us,- electronic cash registers wh1ch provide dail, tapes and reports. The operator will prepare a monthly report and mail to: CraIg Clark. Library Director, 208 S. Seaerest Boule\ Bo:mton Beach, Florida, and attach copies of the daj]y tapes of each repon RepoI1 \\1 be due the 1st of each month along with the lease payment. The City shaJll~a\e the 1! :!'( to inspect the books, records and inventories of the operator at any qiven tlmc 13. At time of award, the operator shall file with the Library Director, a S2.00U.OO securll:\ deposit, refundable at the end of the term, without interest, after the detem1ination that t}lC operator has fulfilled all terms of the lease and left the premises in adequate conditioll, (normal wear and tear), as determined by the Library Director. 14. All construction fees (i.e. labor and materials) are to be borne by the operator FOOD PRODUCTS: 1. All foods, drinks, beverages, confectionery, refreshments, and the like sold or kept for Sale, shall be of FIRST QUALITY and conform in all respects to the federal, state, and municipal food and other laws, ordinances, and regulation. Pre-packaged food must be labeled with contents and expiration date. 2. No imitation, adulterated, or misbranded article shall be sold or kept for sale, and all products kept on hand shall be stored and handled with due regard for sanitation. Leftover perishable products shall not be sold at any time. 3. Operator shall utilize Branded Products (i.e. Barney's Coffee, Pepsi, Coca Cola, etc.) 4. The Operator will be responsible for the purchase, inventory and security of all food products offered for sale in the cafe. 5. The Operator shall arrange for the delivery of supplies used at the Cafe site, and in a maImer so that such deliveries do not create congestion or undue interference with regular operation and maintenance of the site. 6. Items sold by the Operator are restricted by the City of Boynton Beach. Deep fat frying and flame grilling is not permitted: 7. The City of Boynton Beach shall reserve the right to "taste test" all menu items to insure quality. 8. The City shall determine the final approval on what menu items are used. Approval \\lli not be unreasonably withheld. - - . . . EQUIPMENT: l. The operator will use all its own equipment that is approved by the appropriate governing agency. Equipment may include, but is not limited to refrigeration, microwave oven, non- flammable grilling equipment, and/or toaster oven. A list of all cooking appliances must be submitted with proposal. SIGNAGE/ ADVERTISING: l. Signs, advertising materials, posters, and other such material used by the operator shall be subject to the zoning laws and approval of the City Manager. HOURS AND DATES OF OPERATIONS: l. State in your proposal your schedule of operations to be approved by the City. CAFE PERSONNEL: 1. The operator will provide, supervise, and compensate all cafe employees. The staff will be employees of the operator not the City. The operator shall at all times be an independent contractor and the agreement shall not in any way create or form a partnership or joint venture with the City. No agent, servant, or employee of the operator shall under any circumstances be deemed an agent, servant, or employee ofthe City. 2. Consumption of alcoholic beverages, smoking, and use of tobacco products is prohibited inside the Library. 3. Operator's personnel shall, at all times, present a neat appearance. 4. Personnel who pose a potential security risk must be replaced by the operator. 5. All employees must wear a badge to identify the company they are representing and their name. If a security badge is not issued by the operator, our Police Department will issue one for a nominal fee. 6. Operator shall provide a list of employees to the City and provide proof that the employer has done a background check with the State of Florida Department of Law Enforcement and the results of the background check for each employee who will be working at the cafe. City shall retain the right to prohibit an employee from working at the cafe based on the results of the background check. 7. The Operator shall employ only competent personnel to perform cafe services. In the event that the City, in its sole discretion, any time of this lease agreement, desires the removal of any person or persons employed by the operator to perform cafe services pursuant to this lease agreement, operator shall remove any such person immediately upon receiving notice from the City of the desire of the City for the removal of such person or persons. CA-8 S. Operator shall maintain copies of Material Safety Data Sheets i MSDS' S) Tllr (1]1 of the products used in the perfon11ance of the contract on the premises. The i\1SDS' s s11a] he accessible to the operator's employees and to the City employees for the purpose of reference with regard to toxic and hazardous proper1ies. precautions on what to take Jnd what to do in case of emergency. Operator shall follo\\ all Library Building pol1cies penaining to emergencies and non-emergency dril1s SANITATION: l. Operator will be responsible for bringing their trash and garbage to the designated dumpster or recycling areas. 7 Operator shall make every effort to assist the City in keeping the area free from debrIs and litter. 3. Operator is responsible for complying with all Fire Codes and all City Ordinances, recycling rules, regulations, and laws of the City and/or appropriate governmental bodJes. Operator shall be responsible for keeping all equipment in a clean and sanitary condition. 4. Operator shall operate the cafe in accordance with all laws, ordinances, regulations. and rules of Federal, State, Palm Beach County and the City of Boynton Beach authority. including the standards of cleanliness, safety, and health. TERM OF CONTRACT: 1. No amendment of final contract shall be available unless mutually agreed upon between operator and the City of Boynton Beach, formalized in writing and signed duly authorized officers of both parties. 2. This lease agreement may, at the option of the City, be terminated immediately if the Operator cannot give a proven record of financial stability or bankrupt, make an assignment for the benefit of creditors or if operator has been convicted of a crime or an) other similar gross misconduct. 3. Operator shall propose a monthly lease payment to the City with increases shown over the duration of the contract. The City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard Po. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 September 3,2008 Certified Mail Return Receipt Requested Big Brothers Coffee/D.B.A. P. Logans Coffee 8229 Butlergreenwood Dr. Royal Palm Beach, Fl 33411 Attn: Horrace Cunningham RE: RFQ: "RE-BID FOR QUALIFICATIONS FROM AN OPERATOR TO ASSEMBLE, CONSTRUCT (INTERIOR) AND OPERATE A CAFE FOR A (5) FIVE YEAR LEASE INSIDE THE NEW BOYNTON BEACH CITY LIBRARY" RFP: #061-2710-07/JA Dear Mr. Cunningham: On August 7, 2007, the City of Boynton Beach Commission awarded the re-bid for "QUALIFICATIONS FROM AN OPERATOR TO ASSEMBLE, CONSTRUCT (INTERIOR) AND OPERATE A CAFE FOR A (5) FIVE YEAR LEASE INSIDE THE NEW BOYNTON BEACH CITY LIBRARY" to your company. Unfortunately you did not meet the terms of the contract; deposit was not received nor a commencement date received. We made several attempts to contact you but to no avail therefore, the City will be rescinding your contract effective September 12,2008 if we do not hear from you. If you have any questions or concerns regarding this notice, you can call Janet Allen at (561) 742-6322. ~~ Carol Doppler Purchasing Agent /ja c: Craig Clark - Library Director Central File File VI.-CONSENT AGENDA CITY OF BOYNTON BEACHC1 ITEM B.2. AGENDA ITEM REQUEST FO~ OCT -6 PH 3: 53 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl!: Dates in to City Clerk's Office Meeting; Dates in to City Clerk's Office o August 19,2008 August 4, 2008 (Noon) X October 21, 2008 October 6, 2008 (Noon) o September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) o September 18, 2008 September 2, 2008 (Noon) o November 18; 2008 November 3,2008 (Noon) o October 7, 2008 September 15, 2008 (Noon) o December 2, 2008 November 17,2008 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM x Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve the expenditure of$489,216 against the City's existing Bid #027-2821-07/JA with Line Tec Inc. for the supply and installation of water service connections in the district of Golfview Harbor. This expenditure is in addition to the previously Commission authorized expenditure. EXPLANATION: The Utility Department is undertaking a project to replace the existing galvanized service laterals to 442 existing properties in the district of Golfview Harbor. As part of our current Consumptive Use Permit application with SFWMD we are required to demonstrate a reduction in our unaccounted water consumption. A significant part of this is caused by pinhole leaks from older galvanized piping in the water distribution system. These lines also develop flow restrictions as they age resulting in low delivery pressure and flow in the homes. Golfview Harbor had been previously identified as an area with a significant number of such connections. We have undertaken a survey of the area and obtained a quotation for the work from an existing contractor who has an approved bid with this city. The work involves the installation of a new service lateral from the distribution main to the customer meter. All work will conform to the existing city standards. The existing galvanized pipe will be replaced by a polyethylene pipe, encased in a protective PVC casing under traffic areas. The work includes complete restoration of the area upon completion. The project is identified within the approved capital improvement plan. PROGRAM IMPACT: Attached is a copy of the existing bid from Line Tec Inc. , the list of impacted properties and the breakdown of costs associated with this work. The cost is $444,742 with a 10 % contingency for additional unforeseen conditions of $44,474, giving a total project cost of$489,216. S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMP ACT: Funding for this project is available in account #406-5000-590-65-02 WTR 13 i AL TERNA TIVES: The alternative is to continue to replace these services on an ad hoc basis and to accept the continued loss of water from our distribution system, with the accompanying unnecessary costs of water treatment. In addition we would delay the required reduction in unaccounted loss called for by the water management district. , ,/~,.-~\ I /' I I ) ~,-, ~~ - City Manager's Signature ~ ~~ S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,OOC Sep 22 2008 2:39PM Line Tee 5612791044 p.2 !I!~dt I~tr~ Estimate Date Estimate # 9/22/2008 2531 241 NW 18th Avenue I Delray Beach, F133444! Ph: 561.374.94941 Fax: 561.737.38271 www.1inetecinC.com Name I Address City of Boyuton Beach 124 E. Woolbright Rd Boynton Beach, Fl 33435 Terms P.O.~. Project Attn: Les Net 30 GoI1View Harbor Water Services Description Cost Qty Total This estimate is for the i1UlaJ1ation of 144 new J" sbort side single services, ] 08 DeW 1.5" short side double services, 22 new 1" Ioug side single services and168 new 1.5" long side double services in Golfview Hmbor. Work will involve excavation of existing 6" &; 4" water mains, in1lIallation of new I" or 1,5" P.E. water selVices, 2" or 3" SCH 40 PVC casing as needed, new I" ball meter wives. 1.5" Xl" XI" WY" spliUers as needed, I" yoke bars, I" yoke Ol.ltlets, recormection to customers line a:od installation of DeW" metC2" box supplied by others. All work completed shan be as per The City ofBaynton Beach minimum standards. I" corporntion stop and saddle less than 4" in depth, furnish and install 215.00 166 45,650.00 1.5" or 2" corpoodion stop and saddle, fu.mish and install 475.00 276 131,100.00 I" P.E. service tine wlo casing for short side, installation price per foot 13.00 1,728 22,464.00 I" P.E. service line with casing for long side, jm:tallmioo price per foot 15.00 990 14,850.00 1.5" P.E. service line w/o casing fur short side, i.nslalIation price per foot 15.50 1,296 20,088.00 1.5 P.E. service line with PVC casing, installation and price, per foot 18.00 7,560 136,080.00 I" ball meter, yoIre bar and tail piece, installation of 125.00 442 5's,250.00 I" mek;r bol[ and lid, insta1latioo of 30.00 442 13,260.00 Sod restoration for water main p~s price per SF ).00 6,000 6,000.00 This estimate covers all labor, equipment, materials and restomtion costs to complete this ~. , Total $444,742.00 I Signature The Citl} 0/ BOl}nton Beach PROOUREMENT SER170ES 100 E. BOY1VTON BEA C'I-i BO [/LEl"ARD P.O. BOX 310 RECEIVED BOYNTON BEAOH, FLORIDA 33425-0310 TELEPHONE NO: (56D 742-6810 FAX: (561) 742-6816 MAR 0 8 2007 March 06, 2007 BOYNTON BEACH Ul\l\llES Line Tec Inc. 1210 S.E. First Street Boynton Beach, Fl 33435 Attn: Scott Ellsworth BID: "TWO-YEAR CONTRACT FOR SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS & RESTORATION" BID#: 027-2821-07/JA CONTRACT PERIOD: MARCH 06, 2007 TO MARCH 05, 2009 Dear Mr. Ellsworth: At the City Commission meeting of March 5, 2007, the Bid for "TWO - YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNCTIONS & RESTORA TION" was awarded to your company. As stipulated within the Bid specifications, your company's original certificate of insurance is to be provided to our Risk Management Department at your earliest convenience, naming the Citv as additionally insured. We would like to thank you for responding to this Bid and look forward to working with you. ,\ tabulation sheet is enclosed for your review. A Blanket Purchase Order will be issued upon receipt of your insurance. If you have any questions regarding this Bid, please call Janet Allen, Buyer, at (561) 742-6322. Sincerely, ~( ~fr{{;7L Bobby Jenkins Deputy Finance Director Ija Enclosure: Tabulation Sheet cc: Les Sarkkinin Baib,~nboy Central File File A ~,r1i'PTr'il ',<;; O"I7'1i:'lFA Y Tn rrl-T1i:' nFT.Ti'.<;;TR1i:'A 1\f The City of 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 RtCtNtO December 06, 2007 '1 l\.)\}l \ DEc' ~ LINE- TEC INe. ~t~C~ \j\\~'\t~ 1210 S.E. FIRST STREET ~O~'O~ BOYNTON BEACH, FL 33435 ATTN: SCOTT ELLSWORTH RE: BID: "TWO-YEAR CONTRACT FOR SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS & RESTORATION" CONTRACT PERIOD: MARCH 06, 2008 TO MARCH 05, 2009 PREVIOUS BID NUMBER: #027-2821-07/JA Dear Mr. Ellsworth: In order to keep our BIDS's current, each year we bring the file forward and give it a current BID number. This is to inform you of the new BID number for the referenced BID. New BID number is: #022-2821-08/JA Please adjust your records for future correspondence and we look forward to continuing business with your firm. Sincerely, Bobby Jenkins, Assistant Director of the Financial Services /ja cc: Les Sarkkinin Barb Conboy Central File , File S/pu/wp/memos & letters/annual bid update letter MEMORANDUM UTILITIES # 0: - 08 To: Bobby Jenkins Assistant Finance Director ~~~ From: Kafi Baateng, P.E. 4 Utilities Director ... b Date: January 19, 2007 Subject: Recommendation for Award Bid #027-2821-07/JA - Two -Year Contract for Supply and Installation of Water Service Connections and Restoration Agenda Item The water system has over 2,000 rear easement water services and several hundred galvanized water service lines that need replacement and/or relocation. These projects are expected to continue for several years and are part of our attempt to improve water volume, increase fire protection, improve water quality and provide better access to water lines and meters. We have been replacing approximately 250 of these lines per year. On January 17, 2007, a total of three (3) bids were received, one was a no bid. Two (2) bids were open for unit pricing for this work. Line Tec is a local contractor that has satisfactorily performed work for the City of Boynton Beach, Broward County, Palm Beach County and other local utilities. After reviewing the line items and comparing the bid prices, line Tec is the apparent low bidder based on a typical water service reconnection. The cost to replace a typical 80-foot domestic service is $350.00 and includes abandonment of the rear easement services. We estimate an annual expenditure of $350,000.00 for these needs. F'-H"lc!ing for this task is available from several sources dependent on the specific task assigned. The majority of work will be charged to the Renewal and Replacement account and Utility General Reserve #403-5000-590-96-02. Please present this request to the Commission for their approval recommending Line Tec as the most responsive, responsible bid. This is a two-year contract for unit pricing for the supply and installation of the water service connections and restoration including all items specified. If additional information is needed you may contact Les Sarkkinen directly at extension 6476 KB/hs Attachment: cc: Kofi Boateng Les Sarkkinen @~ I J.~~7 ..l ((11 tW ~ . ~ ~ The City of Boynton Beach Procurement Services 100 E. Boynton Belich Boulevard P.O.Box310 Boynton Belich, Florida 33425-0310 Telephone: (561) 742-6322 FAX: (561) 742-6316 REQUEST FOR BID FOR TWO - YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION BID # 027-2821-07/JA Sealed bids will be received in PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or by; JANUARY 17.-2007: No Later Than 2:30P.M. (Local Time)~ Bids will be opened in: PROCUREMENT SERVICES-CITY HALL 2ND FLOOR unless otherwise designated All bids received will be publicly opened and read aloud. Bids received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regard to mail being delivered by a specified time so that a bid can be considered. The City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid and no award has been made. Any questions relative to any item(s) or portion of this bid should be directed to Janet Allen, Buyer, (561) 742-6322. I The following language is made a part of and is to be included in the specifications hereto attached: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name or vendor catalog number is mentioned it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or makes, the phrase OR EQUAL is added. However, if a product other than that specified is proposed, it is the vendor's responsibility to name such a product within his bid and to prove to the City that said product is equal to that specified and to submit brochures, samples, and/or specifications in detail on item(s) submitted. The City shall be the sole judge concerning the merits of the bid submitted. SCOPE OF BID: The purpose of this bid is to provide a two (2) year contract for the supply and installation of water service connections related to the r' galvanized water main replacement program to include taps; service connections; placement of meter boxes; valves; service lines and restoration; along with relocation of water services, meters, and mains from rear easements to front yards at various locations within the City of Boynton Beach Utility's service area. Contact: City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 (561) 742-6322-Janet Allen Office Hours: MONDAY -FRIDAY, 8:00 A.M. TO 5:00 P.M. 2 , SPECIFICATIONS FOR TWO - YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION 1bis specification is for the two (2) year supply and installation of water service connections and service lines, to include water taps and restoration related to the 2" galvanized water main replacement program; relocation of rear easements to front yards; and replacement of existing water mains and service connections utilizing published Utility Department Standards of Construction from the mains through the meter box and Standard Plumbing Code from the meter box through the building connection at various locations within the City of Boynton Beach Utility's service area, Boynton Beach, Florida. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off' sheets (pages 3-5) with the proposal sheet in order for a bid to be considered. One set of original and two sets of copies of proposal. 'x The unit bid price for house water service connections at the new City installed meter and house valve includes the 1" gate valve at the house connection and sod restorations specific to each house ~ This price will be for all labor and materials necessary to perform the installation in accordance with the Standard Plumbing Code, City of Boynton Beach Codes and Ordinances, and includes all work not paid for under separate item L Also included in the unit bid price for water service connection and restoration will be the cost for all permits outside the City of Boynton Beach. These pennits will be obtained by the Contractor. The City of Boynton Beach requires one permit drawn for each installation within the City, and these fees will be waived. The Contractor shall provide all information required for the permit application. The requirement for individual site plan is waived in lieu of the typical installation site plan which you will provide with your permit application submittal 'x All new water services will be connected at the same point of connection at the existing house valve or service point X' Quantities estimated at 350 services per year are provided for estimating purposes only. Payment will be based on actual installed quantities :3 TInS PAGE TO BE SUBMITTED ALONG WITII PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE X A 12 foot wide temporary easement, the center of which coincides with the relocated water service, will be secured by the City for the purpose of this installation. The Contractor will confine his activity to within these limits L The Contractor's entry onto the property for the purpose of this installation, will be reported to the City Utility inspector 48 hours prior to such entry L The Contractor will provide 48 hours notice to the homeowner by door hanger stating the Contractor's intention to begin work. Information contained on the hanger will include as a mmmmm: Contractor's Name Name of Contractor's Representative Date of Entry Date, Time and Duration of Interruption of Water Service ~ All work related to each installation including restoration, will be completed within ten (10) calendar days of the date of entry onto any property X' The Contractor's liability insurance will be in effect for all work related to this contract X. The Contractor is to submit one (1) original and two (2) copies of their bid L The Contractor will not store material or equipment on any of the temporary easements. Equipment and material storage within the right of way shall be with the approval of the Utility Department inspector and at the risk of the Contractor. No material will be stored in front of any residence X' . All trenches will provide a minimum of 12 inches cover and be a maximum of 8 inches wide and will be hand dug or performed using trenchless methodologies. No other equipment will be allowed in the yards. Any request by the property owner to either the City or Contractor that the trenches be hand dug will be honored and a walk behind X trencher will not be allowed on any private properties Contractor will provide a one (1) year warranty for all work and materials related to the water senrice connection, service line and restoration X' A daily project inspection by the City Utility will be made and all customers will be connected to the new water service before the Contractor's quitting time TIllS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 4 y...- The Contractor will respond to all emergency requests within one (1) hour and non- emergencies within 24 hours. A contact phone nwnber available 24 hours a day 7 days per week must be provided Y Contractor will prepare a listing of items and quantities from the proposal page on a per property basis X This listing will be presented to the Utility Department inspector and mutually agreed upon prior to any work commencing X Bid proposal prices are valid for two (2) years with the possibility of an extension of one (1) additional year. pending mutual agreement X' The Contractor agrees to commence work within seven (7) calendar days after receipt of order and will complete the work within ten (10) days per individual property X The Contractor must have an Underground Utility License nns PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 5 GENERAL CONDITIONS FOR BIDDERS F AMJLlARITY WITH LA WS: The bidder is assumed to be familiar with all Federal State and , Local laws, ordinances, rules and regulations that in any manner affect the equipment. Ignorance on the part of the bidder will in no way relieve them from responsibility. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. All bid forms must be executed and submitted in the envelope (generally "yellow") provided by the City for easy identification. The bid submittal envelope is provided in each bid package and is attached to the "Statement of No Bid" form. The face of the envelope shall contain the company's name and address, bid title, number, bid date and time. When the bid submitted is larger than the envelope provided, insert requested information and material into a large envelope, affix the bid envelope to the outside and fill in all requested information. Bids not submitted on attached bid forms may be rejected. All bids are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. NO BID: If not submitting a bid, respond by returning one copy of the "STATEMENT OF NO BID" in the envelope provided (generally "yellow"), and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendor's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. BID OPENING: Shall be public, on the date as specified on the bid form. It is the bidder' s responsibility to assure that the bid is delivered at the proper time and place prior to the bid opening. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Bids which for any reason are not so delivered, will not be considered. The City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid and no award has been made. Offers by telegram or telephone are not acceptable. RIGHT TO REJECT BID: Right is reserved to reject any or all bids and to waive technical errors, or to accept any bids that are in part deemed as the best responsible bidder which represents the most advantageous bid to the City. In determining the "most advantageous bid". price, quantifiable factors, and other factors are considered. This would include specifications, delivery requirements, the initial purchase price, life expectancy, cost of maintenance and operation, operating efficiency, training requirements, disposal value and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but not necessarily limited to conformity to the specifications, including timely delivery, product 6 . 1 . warranty, a bidder's proposed service, ability to supply and provide service, delivery to required schedules and past performances in other contracts with the City or other government entities. EVALUATION FACTORS: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the best responsible bidder meeting all aspects of the specifications and consider it, ifit is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid opening time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid unless the bidder specifies otherwise; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performances; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. INFORMATION AND DESCRIPTNE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the bid opening. Inquiries must reference the date by which the bid is to be received. 7 . CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. ADDITIONAL QUANTITIES: The right is reserved to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, they must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of andlor most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to bidders at Procurement Services, it is each bidder's responsibility to check with the issuing office and immediately secure all addenda before submitting bids. It is the usual practice for the City to mail an addendum to known bidders, but it cannot be guaranteed that all bidders will receive ALL addendum(s) in this manner. Each bidder shall acknowledge receipt of ALL addenda by notation on the bid. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rej ected. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted III the bidder's proposal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or whatsoever, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection oftbe same. s , . NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes, 1971. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all reprocurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is' accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. LEGAL REOUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. ON PUBLIC ENTITY CRIMES - All Invitations to Bid as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 9 I ADVERTISING: In submitting a bid, the bidder agrees not to use the results therefrom as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE TO CONTRACT CONDITIONS". ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the moneys which may be come due hereunder are not assignable except with the prior written approval of the City. LIABllJTY: The supplier hold and save the City of Boynton Beach, Florida its officers, agents, volunteers and employees harmless from liability of any kind in the performance ofthis Contract. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: This bid may be expanded to include other governmental agencies. In some cases, Cooperative Purchasing Agreement exists or an Interlocal Agreement for joint purchasing exists between the City of Boynton Beach and the other public agency. All bidders submitting a response to this Invitation to Bid agree that such response also constitutes a bid to ALL POLITICAL SUBDIVISIONS OF PALM BEACH COUNTY, FLORIDA, and the Palm Beach County School Board, under the same conditions, for the same price(s) and the same effective period as this bid. This agreement in no way restricts or interferes with the right of ANY POLITICAL SUBDIVISION OF PALM BEACH COUNTY, FLORIDA, and the Palm Beach County School Board, to re- bid any or all items. It is hereby made a part of this Invitation to Bid that the submission of any bid in response to this advertised request constitutes a bid made under the same conditions, for the same Contract price, and for the same effective period as this bid, to the PALM BEACH COUNTY SCHOOL BOARD. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase .Orders will be awarded by the City to the best responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards heretofore set forth. The City reserves the right to reject any and all bids and to waive technical errors as heretofore set forth. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an improper award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the best responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. DELNERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. 10 1 . WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the discretion of the City. Contact Procurement Services, for permission to perfonn warranty service on City property. . Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. PRICES. TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Upon delivery, the City shall make fmal inspection. If this inspection shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made by the UTILITIES DEPARTMENT and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or damages have been proven to be the result of negligence by the City. A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure t6 do so will be at bidder's risk. C. DISCOUNTS: Will be considered in determining the lowest net cost. D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval and reexamination listing where such has been established. II LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City Licenses and permits shall be readily available for review by the Deputy Director of FinancIal Services and City Inspectors. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. QUESTIONS: Any questions relative to any item(s) or portion of this bid or Invitation to Bid should be directed to: Les Sarkkinen at (561) 742-6476 Mondav throue.h Fridav 8:00 A.M. to 5:00 P.M. RENEW AL: The Assistant Director of Financial Services may renew the contract, at the same terms, conditions, and prices, for one (1) year intervals subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 12 ~ . SPECIAL CONDITIONS FOR BIDDERS 1. It will be the responsibility of the successful bidder to supply necessary labor for placement of all equipment as specified. 2. A ward is anticipated on an all-or-none basis; however, where applicable, item by item offers will be considered and the best combination will determine the award. 3. The City by written notice, may terminate in whole or in part any Contract resulting from the invitation, when such action is in the best interest of the City. If the Contract(s) are so terminated the City shall be liable for only payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. 4. It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of his personnel are working on City of Boynton Beach property. Loss bv fire or any other cause shall be the responsibility of the vendor until such time as the items and/or work has been accepted by the City. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. 5. The City of Boynton Beach reserves the right, before awarding the Contract to require a bidder to submit such evidence of qualifications as it may deem necessary, and may consider any evidence available to it of the fmancial, technical and other qualifications and abilities of a bidder, including past performance (experience) with the City in making the award in the best interest of the City. 6. The successful bidder shall at all times guard from damage or loss of property of the City or of other vendors or Contractors and shall replace repair any loss or damage unless such has been proven to have been caused by the City, other vendors or Contractors. The City may withhold payment or make such deductions as it may deem necessary to Insure reimbursement for loss or damage to property through negligence of the successful bidder or his agent. 13 , A TT ACHMENT A City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional lnsured. This is done by providing a Certificate of lnsurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional lnsured as respect to liability." lnsurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and tbe City reserves tbe rigbt to require additional types of insurance, or 10 raise or lower tbe stated limits, based upon identified risk.) ------------------------------------------------.-----------------~------------ T'YPE (Occurret'1ce Based Only) MD'lIMUM LIMITS REOUIRED ------------------------------------------------------------------------------- General Liability Genera] Aggregate $ ] ,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Prot. Personal & Adv.lnjury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (anyone fire) $ 50,000.00 Employees & Officers Med. Expense (anyone person) $ 5,000.00 ponution Liability Asbestos Abatement Lead Paint Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual lndependent Contractors Broad Form Property Damage Fire Legal Liability Builder's Risk (Limits based on Project Cost) --------------------------------------------------~--~-----------------------~------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury (per person) to be detennined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic lntermodaJ ---------------------------------------------------~------------- Garage Liability Auto Only, Each Accident $ J ,000,000.00 Any Auto Other Than Auto Only ,\; lOO,OOO.OO Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 -------------------"'--------------------------- Excess Liability Each Occurrence to be detennined Umbrella Form Aggregate to be determined ----------------------------------------------------------------~----- Worker's Compensation Statutory Limits Employers Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,00000 ------------------------------------------------------~-----------------------------------~- Other - As Risk Identified to be deternUned --- -------------------------------------------------------------- ------- ----~---~----- - -------------- ._" lNSURANCEADVlSORYFORM03 Revised 01/2000 14 '. ,,' .,::' :i',:;,~';:..:'A:'. , -- 'r:ll!B./),(j)!CUM~1VTS I," '. . '. ...." ',' IJ/IEHZNIJ' 'J:lll'8PAGE .: " I': :"..}" . '". . ":'i. ,,' '. "', "', :I! "/. ,~'! , ". "'.'" .:'.', ~:: ,," , ' . Mi".JST ACCiJMPIlNY'lt/BSI!ONSB . ;,::' .' ',' . '.:. ..,) . ''><'. ' ." " .'. ", ',I '. "~, ,.'. '. '.";,' '<'~'..' '" ..' .. lNiJJRtJJ6RF.Qll SllBIII'Tl':At :,,; t.".: ". .',. ":.:' ',::. i" / .: .:" ;,!', .:" ":" ,,~;: ","', " : ":':::".:',' :,).;:".:,t '.", " ,.::' " ".' . ''jJj!J'lJIi'fflON&l'''SlletJ ! i,;" ".""'.'~' .:'; '.' ", ,'''' ,'. ...., : ":.:'. ::: '., ,.,' ,'/ ,- .," .,: -' ::' : ~, ,,' ".' "', . . " ' .' . "'"0" ,'" '.....' .,' ' " ,,',. . .\' , '. COiilf!LflTB AND 14 CCJj':Pl??fBLE '. ':,.;.:: i.e....,'. . " ',! ,...., ,}.\ i' .' ",'.' ."''', "', 'ii .', .',' >' 0, ';:,'. -' '-.". " .. . BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-03 I 0 Telephone: (561) 742-6322 Broadcast Date (City): DECEMBER 5, 2006 Bid Title: TWO - YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION Bid Number: 027-2821-07/JA Bid Received By: JANUARY 17,2007, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: JANUARY 17,2007, DO later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. L' ~ ~ Name of Vendor: t Y'u ~ . - (E_ C- --L. ^ c':- -,-_.- Federal J.D. Number: La 5 - 0<6 L-f'11? (Q, l A Corporation of the State of: ~\l1r~~^" Area Code: S& \ Telephone Number: '~l~,-~L\q~ -- Mailing Address: \9-\b $E- I~-r 9r~T" --.- City/State/Zip: ~Oi ^ ~ ~ ---=tS <:.- t, r:::- L I 33'i3S I Vendor Mailing Date: Ill(aJD:] I --- c~ ~l (~ ~IH ..) ,-() 11 -.-.-"-- Name Typed 15 THIS PAGE TO BE SUBMITTED ALONG WITH :rKO:rOSAL TO BE CONSIDERED COMPLETE AND ACCEPT ABLE . 1 ~ . PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA FOR TWO - YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION To All Bidders: Date: , (\~( ~cml- The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the product/service in accordance with the specifications for the sum of: ITEM ITEM DESCRlPTION UNIT OF UNIT PRICE NO. MEASURE 1 Furnish and install water ServIce Each connection from City installed meter to "300.00 house valve (gate valve) Size 1" 2 Furnish and install 1" schedule 40 PVC Linear foot water pipe and sod restoration over 3.00 trench 3 Installation of I" meter box and lid Installation per unit '3 O~ 00 4 Installation of2" meter box and lid Installation per unit '3 S- nO 5 Furnish and install two inch corporation Installation! materials '-\ )15.00 stop and saddlelless than 4' in depth per unit 6 Installation and price, per foot, of 2" Installation: , '.00 service line with PVC casing Price per foot: \ .., . ("rr') 7 Price to tenninate/abandon existing Labor per unit water service 100. 0-0 Items 8-11 will be used lIS lIIIit pricing for 6" DIP water lines to enhtlnCf! execunon of this proiect 8 Furnish and install 6" gate valve with Installation!materials box per unit Lt"15o. \)0 9 Installation and price, per foot, of 6" Installation: i. 00 DIP water main installed with fittings Price per foot: t.l '5'00 10 Installation of fire hydrant assembly Installation only with 6" gate valve complete } a..OO~ cro J 16 TIllS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE , ] 1 Installation of sam Ie oints Installation onl -r---------- + JoD.O-O __I 12a *Installation of tapping sleeves and SEE NOTE * I valves/non- aved area I I . en:> J 12b *Installation of tapping sleeves and SEE NOTE * i I valves/ aved area Items 1-12b will be used as bid evaluation. Items 12-20 will be used as seconda evaluation criteria. 13 Additional cost for hand di n trench Linear foot 14 Additional cost for restoration of Square foot halt drivewa 5. SO 15 Additional cost for restoration of Square foot I concrete drivewa slsidewalk I 16 HourI labor rate Per hour 17 HourI rate for trencher, if needed Per hour 18 HourI rate for backhoe, if needed Per hour 19 Hourly rate for boring machine, if Per hour needed 0.00 -j 20 Mark up on wholesale cost for Percent Markup additional vegetative restoration (if I :AO/~ required), based on invoice provided by I I vendor indicatin wholesale cost: *To include all labor and appurtenances normally associated with water main replacement programs. Two prices should be provided: (12a) installation in non-paved area, and (12b) installation in paved area. Both prices should include restoration to "as found" or better condition. ALL PRICES F.O.B. BOYNTON BEACH It is further agreed that the product/service will be completed/delivered within ~ calendar days from the date of the Purchase Order from the City. Number of Bid Proposals submitted ( Original and two copies submitted ~ tl/(J Yes/No Evidence of possession of required licenses ~ es/No Specification "check-off' sheets (pages 3-5) ~ Submitted: 0<7 es/No 17 TIllS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE f " Anti-Kickback Affidavit Submitted ~~o Confirmation of Minority Owned Business ~s~o Submitted Drug Free Workplace Submitted ~ ~.V\ L....~L'-- -r:: it\. L- COMPANY NAME S c~ S l t s "'-.rt"> ;n.l , PRlNTED NAME 60l )~~ ~ r-:e" d~./bl TELEPHONE NUMBER TITLE C OL 0 5"l t 0 5 Florida Contractor's License Number 18 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE ANt> ACCEPTABLE . ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: Sworn and subscribed before ~ . ..(p f.h ,20 01 this / - day of ) Ct.", u {tI. 1./ \..- , - Printed Information: ~L~ E-l '- <; LAro--r 1 t'L NAME ~~_~tjJ:~T TITLE L'\~~ ---- ~. -. I L<- ,.t.. M '-- COMPANY ,t;"" '. -'I' ~ .. ... ..... ~~'Rf\y.f~ JHCU)" LOU WIlson !!!'~': .~Commission #DD432278 ~~ 6f~~~ Expires: MAY 22, 2009 ff,t: \\ ~tt/",\\' WWW,AARONNoTARY.com "OFFICIAL NOTARY SEAL" STAMP 19 THIS PAGE TO BE SUBMITTED ALONG WIm PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE . . CONFIRMA TION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. ( ), AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN (v/ OTHER S V\r.......... \ \ ; <; . ~I.]S \ ",~"S'5 c: ~~~\.-t>V"I~ .-p~ l "'" ~~ A-z.. h CounT,,) (specify) ( Do you possess a Certification qualiJying your business as a ',/"Ownoo Business"? YES NO If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification -P,=>C S ~~ \ \ ~u"s \~6:)S .4~'j':.~4=' ~I' it ,:J..<, , ;Jo-v'-t' Dat of Certificition ' 20 THIS PAGE TO BE SUBMITTED ALONG WIm PROPOSAL IN ORDER FOR PACKAGE TO BE CON~IDKnD COMrL]lj]llj A1iD ACCEfThDLB 1 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 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, and 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 ofthe statement specified in subsection (1). 4) In the statement specified in subsection (1), notifY the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notifY the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 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 t the above requirements. 21 TIllS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDl1K1!D COmrLETE AIlD ACCBiTl'lDLl'i ,. , - .- STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bid on your Bi 027-2821-07/JA for TWO - YEAR CONTRACT FOR THE SUPPLY AND INST LATION OF WATER SERVICE CONNECTIONS AND RESTORATION because the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respon o the Invitation to Bid We do not offer this pr uct or an equivalent Our product sched e would not permit us to perform Unable to et bond requirements Specifi tions unclear (explain below) I Other (specify below) REMARKS: 22 Contact Bid #027-2821-07/JA Date: January 17~ 2007 Alternate Bid Items City of Boynton Beach Water Service Contract, Additional services available in association with this Contract. Item Description Unit Price #21. Furnish and install 1" corporation stop and saddle less than 4' in depth. $275.00 #22. Installation of 4" C900 PVC price per foot with fittings $31.50 #23. Installation of 6" C900 PVC price per foot with fittings $38.50 #24. Installation of 8" C900 PVC price per foot with fittings $45.50 #25. Replacement of tire hydrant (only) with materials using existing valve $2500.00 #26. Installation price per foot of 2" P .E. service line w/o casing for short side $15.50 #27. Installation price per foot of 1" P.E. service line wlo casing for short side $13.00 #28. Installation price per foot of 1" P.E. service line with casing for long si.de $15.00 #29. Installation of 1" ball meter, yoke bar and tail piece $125.00 #29. Installation of 1 112" or 2" ban meter and meter connecti-on $250.00 #30. Installation of 2" resetter (labor only) $350.00 #31. Installation of2" blow off assembly $325.00 #32. Installation of 2" RS gate valve and saddle complete with valve box $550.00 #33. Installation -of4" Gate Valve with box $550.00 #34. Installation of 8" Gate Valve with box $750.00 #35. Installation of2" backflow prevent.er $625.00 #36. Installation of 1" backflow preventer $325.00 . '11 ~. . . Item Description Unit Price #37. Installation of MXU on existing TR meter (plug unit only) $10.0,0 #38. Installation of 5/8" water meter $22.00 #39. Installation of 1" water meter $28.00 #40. Installation of 1.5" water meter $150.00 #41. Installation of 2" water meter $175.00 #42. Furnish and install 1 W' SCH 40 PVC water service pipe $ 4.25 #43. Furnish and install 1 Y2" SCH 40 PVC water service pipe $ 5.00 #41. Furnish and install 2" SCH 40 PVC water service pipe $ 6.25 #42. Recotmect to existing sprinkler connection at house $ 75.00 #43. Sod restbration for water main projects Price per SF $ 1.00 #44. passtbrough on materials not covered :under line items Cost 'plus 20% . -- ..---- - AC# ""'61/lcqn ST A TE OF FLORIDA 4 L. J.J.. Lf .J .~ U DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L06061200671 LICENSE NBR I ---1 I 06 12 2006 050807422 CUC057105 i I .....~-----~---_... --,- -.'-~ ~.,-~--_.._- -- .~-_._~ The UNDERGROUND UTILITY & EXCAVATION CO Named below IS CERTIFIED Vnder the provisions of Chapter 489 FS. Expiration date: AUG 31/ 2008 , ELLSWORTH/ SCOTT A LINE TEC INC 1210 SE 1ST ST BOYNTON BEACH FL 33435 JEB BUSH SIMONE MARSTILLER GOVERNOR DISPLA Y AS REQUIRED BY LAW SECRETARY _ -- _ -.---.------...,.-.-.- --- .-.--._-_.- _.~ .--.-- _ ,,^_ ' , ~' _' '....w,~"-.~."""'"').='>,""""...""'''''"''''...;',',. "'~'j,,, ",""..~ ,.......';,'"..,,'..c ' . ",ie,'., ~. -- . \ . ~ . it .. ,- AMENDED PALM BEACH COUNTY DFFICE DF SMALL BUSINESS ASSISTANCE CERTIFIES THAT LINE-TEC? INC. VENDOR #LINEOOO8 is a Small Business Enterprise as prescribed by section 2-80.21 - 2-80.34 of the Palm Beach County Code for a three year period from March 26, 2004 to M4rch 26, 2007. The following Services and/or Products are covered under this certification: . Underground Utilities COlltractor-Construction-Heavy HighwaylU nderground Fire Hydrants Palm Beach County Board of County Commissioners Tony Masilotti, Chainnan Addie L Greene, Vice Chairperson Karen T. Marcus Jeff Koons Warren H. Newell Mary McCarty Burt Aaronson County Administrator Robert Weisman Deputy County Administrator . Verdenia C. Baker ~,,' , . ).... rwo YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS & RESTORATION "Offers from the vendors listed herein are the only offers BID OPENING DATE: JANUARY 17, 2007 received timely as of the above receiving date and time BID OPENING TIME 2:30 P.M All other offers submitted in response to this solicitation, BID # 027282107/JA if any, are hereby rejected as late" rVENDORS ------.....-...-". " _n .__ ----_._._~-- LINE TEe INe. I 1210 S.E. FIRST STREET BOYNTON BEACH, FL 33435 I PHONE: (561) 374-9494 FAX: (561) 737-3827 , " ~;i~~,;, ~_~'IJi~~F,:_~:,.~_, (~~'~~:i~j'Ii~_if~cl~", iJJNIT PRICE --l;"",,~, --',.-~i1{ ~".,,-,~. -- ;t~~_ ..~~ ~i<s>~, .: _'_.... _,.~~....,~,.:...._"""".'Vt ~,~......._'''',.~ ,~"'"",'-,""~--: '!~~~~~r.. - ~ -t~:~i' "_,~ ORIGINAL AND TWO (2) COPIES SUBMITTED Furnish and install water service --..-.-- -----.'.--.. --..--.'--.- ._---~-----_._,.__.. 1 Each Each connection from City installed meter $300 00 $130.00 I to house valve (gate valve) Size 1" ~- -,-~_..._- .. -....----.. 2 Furnish and install 1" schedule 40 PVC Linear Foot Linear Foot I water pipe & sod restoration over trench $3.00 $19.00 Installation of 1" meter box and lid " - ----------.-.---... ------------._- .. _..~ 3 Installation per unit Installation per unit $3000 -_._- ~__ $30.00_ 4 Installation of 2" meter box and lid Installation per unit Installation per unit $35.00 $40.00 5 Furnish & install two inch corporation stop Installation/ -.". ---.-- Installation/ and saddle/less than 4' in depth materials per unit $47500 Materials per unit $560.00 6 Installation and price, per foot, of 2" service Installation/ $1.00 Installation/ $30.00 line with PVC casing Price per foot $17.00 Price per foot $19.00 7 Price to terminate/abandon existing water svc Labor per unit $100.00 Labor per unit $80.00 Items 8-12 will be used as unit pricing for 6" DIP water'lines to enhance execution of this project. ~-_..._." <._,._~- --- 8 Furnish and install 6" gate valve with box Installation/materials .--.'. . I -installation/materials-- -.---- per unit $650.00 per unit $3.000.00 Sheet 1 Tab Sheet for Water Service Connections '07 Page 1 ~ TWO - YEAR CONTRACT FOR THE SUPPLY AND INSTAllATION OF WATER SERVICE CONNECTIONS & RESTORATION "Offers from the vendors listed herein are the only offers BID OPENING DATE: JANUARY 17, 2007 received timely as of the above receiving date and time. BID OPENING TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 027-2821-07/JA if any, are hereby rejected as late" VENDORS LINE TEC INe. WHITAKER PLUMBING OF BOCA RATON, INe. 1210 S.E. FIRST STREET 852N.W.IST AVENUE BOYNTON BEACH, FL 33435 BOCA RATON, FL 33432 PHONE: (561) 374-9494 PHONE:(561) 392-6403 FAX: (561) 737-3827 FAX: (561) 964-4225 CONTACT: SCOTT ELLSWORTH CONTACT: GRADY WHITAKER 9 Installation and price, per foot, of 6" DIP water Installation $1.00 Installation $50.00 main installed with fittings Price per foot $45.00 Price per foot $40.00 10 Installation of fire hydrant assembly with 6" Installation Installation gate valve complete Only $1,200.00 Only $3,000.00 $100.00 $1,435.00 12a *Installation of tapping sleeves and valves! SEE NOTE" non-paved area $2,500.00 $600.00 12b *Installation of tapping sleeves and valves/ SEE NOTE* paved areas $3,000.00 $850.00 *To include labor and appurtenances normally associated with water main replacement programs. Two prices should be provided: 12a installation in non- aved area, and 12b installation in aved area. Both rices should include restoration to "as found" or better condition. "Items 1-12b will.be used as bid evaluation. "Items 12-20 will be used as seconda evaluation criteria. 13 Additional cost for hand digging trench linear Foot $2.00 linear Foot $8.75 14 Additional cost for restoration of asphalt Square Foot $5.50 Square Foot $78.00 driveways 15 Additional cost or restoration 0 concrete Square Foot 8.50 quare Foot 40.00 driveways/sidewalks ... Sheet 1 Tab Sheet for Water Service Connections '07 Page 2 .. 'It " TWO YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS & RESTORATION "Offers from the vendors listed herein are the only offers BID OPENING DATE JANUARY 17. 2007 received timely as of the above receiving date and time BID OPENING TIME: 2'30 PM All other offers submitted in response to this solicitation, BID # 027-2821-07/JA if any, are hereby rejected as late" -. .-.,----- ---"--- ---.----..------ VENDORS LINE TEC INC. WHITAKER PLUMBING OF BOCA RAt ON, INC 1210 S.E. FIRST STREET 852 N.W. 1ST A VENUE BOYNTON BEACH, FL 33435 BOCA RATON, FL 33432 PHONE: (561) 374-9494 PHONE:(561) 392-6403 FAX: (561) 737-3827 FAX: (561) 964-4225 CONTACT: SCOTT ELLSWORTH CONTACT: GRADY WHITAKER - ---"_.,~..._._- ._._-_._----~--------- - ~_.__.- 16 Hourly labor rate Per Hour $25.00 Per Hour $8500 Hourly rate for trencher, if needed ---- --~-- -'._-.'_.._- -.- ..-- .....-.-.--.- . $85.00 - - . 17 Per Hour $50.00 Per Hour __ n__"_'_ Hourly rate for backhoe, if needed $75.00 --~._. ------- 18 Per Hour Per Hour $200.00 .- $200.00 . 0-- ~.____.....__._. --- ... 19 Hourly rate for boring machine, if needed Per Hour Per Hour $45000 Mark up on wholesale cost for additional ------.'.- .---- --,-.----...-...-. 20 Percent Markup Percent Markup vegetative restoration (if required), based on 20% 100% invoice provided by vendor indicating wholesale cost NUMBER OF BID PROPOSALS SUBMITTED .-. - ----_..- -_._._-_._.._--_._-----~ ".,."'-'- -.------- --- ------'.----. 1---. ----- ONE ONE ORIGINAL AND TWO COPIES SUBMITTED ._~-----,-_._- --'---'-'- ------~-----_._-- YES YES EVIDENCE OF POSSESSION OF REQUIRED .. .,_._----- ~._.- - .~." LICENSES YES NO SPECIFICATION "CHECK-OFF" SHEETS ---~_.- (PAGES 3-5) SUBMITTED YES YES ANTI-KICKBACK AFFIDAVIT SUBMITTED --..--.--.-.- _____n~~.____ ___._.... .__. __ _ --- -.-.-- YES YES CONFIRMATION OF MINORITY OWNED --- -------~ ._-_.__._~_.~. ..-- ..-- BUSINESS SUBMITTED YES/SMALL BUSINESS OF YES/NOT A MINORITY PALM BEACH COUNTY OWNED BUSINESS ~.__..__. - -- ---....--. - Sheet 1 Tab Sheet for Water Service Connections '07 Page 3 TWO - YEAR CONTRACT FOR THE SUPPLY AND INSTAllATION OF WATER SERVICE CONNECTIONS & RESTORATION "Offers from the vendors listed herein are the only offers BID OPENING DATE: JANUARY 17. 2007 received timely as of the above receiving date and time. BID OPENING TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 027-2821-07/JA if any, are hereby rejected as late" VENDORS LINE TEe INe. WHITAKER PLUMBING OF BOCA RATON, INe. 1210 S.E. FIRST STREET 8S2N.W. 1ST AVENUE BOYNTON BEACH, FL 33435 BOCA RATON, FL 33432 PHONE: (561) 374-9494 PHONE:(561) 392-6403 FAX: (561) 737-3827 FAX: (561) 964-4225 CONTACT: SCOTT ELLSWORTH CONTACT: GRADY WHITAKER CONFIRMATION OF DRUG FREE WORKPLACE SUBMITTED YES YES NUMBER OF CALENDAR DAYS FOR DELIVERY 7 730 COMMENTS SEE ATTACHED ALTERNATE BID ITEMS 0 (ADDITIONAL SERVICES AVAILABLE WITH THIS - CONTRACT) ~ Sheet 1 Tab Sheet for Water Service Connections '07 Page 4 > '. oiI:j., .... Single Double Short Long Address Service Service Side Side Polypipe Galv;n;zed 1002 SW 23rd Ave 1 1 1 ... 1010 SW 23rd Ave 1 1 1 ~ 1018 SW 23rd Ave 1 1 1 1026 SW 23rd Ave ~ 1 1 1 1034 SW 23rd Ave 1 1 1 -, 1042 SW 23rd Ave 1 1 1 1050 SW 23rd Ave 1 1 1 ---j 1058 SW 23rd Ave 1 1 1 1066 SW 23rd Ave 1 1 1082 SW 23rd Ave 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1108 SW 23rd Ave 1 1 1 1110 SW 23rd Ave 1 1 1 1114 SW 23rd Ave 1 1 1 1124 SW 23rd Ave 1 1 1 1134 SW 23rd Ave 1 1 1 ~ 1144 SW 23rd Ave 1 1 1 i 1154 SW 23rd Ave 1 1 1 ~ 1164 Sw 23rd Ave 1 1 1 1170 SW 23rd Ave 1 1 1 I 1074 SW 23rd Ave 1 1 1 -l 1180 SW 23rd Ave 1 1 1184 SW 23rd Ave 1 1194 SW 23rd Ave 1 Single Double Short Long Add ress Service Service Side Side Polypipe Galvinized 1003 SW 24th Ave 1 1 1 ~ 1011 SW 24th Ave 1 1 1 1015 Sw 24th Ave 1 1 1 I ---1 1019 SW 24th Ave 1 1 1 i 1027 SW 24th Ave 1 1 1 I 1035 SW 24th Ave 1 1 1 -----1 1043 SW 24th Ave 1 1 1 1 1051 SW 24th Ave 1 1 1 --1 --1 1059 SW 24th Ave 1 1 1 i 1067 SW 24th Ave 1 1 1 ~ ~ 1075 SW 24th Ave 1 1 1 1083 SW 24th Ave 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1102 SW 24th Ave 1 1 1 1108 SW 24th Ave 1 1 1 1110 SW 24th Ave 1 1 1 1114 SW 24th Ave 1 1 1 1124 SW 24th Ave 1 1 1 1134 SW 24th Ave 1 1 1 1144 SW 24th Ave 1 1 1 1154 SW 24th Ave 1 1 1 1164 SW 24th Ave 1 1 1 1170 SW 24th Ave 1 1 1 1180 SW 24th Ave 1 1 1 1184 SW 24th Ave 1 1 1 1190 SW 24th Ave 1 1 1 1194 SW 24th Ave 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1002 SW 24th Ave 1 1 1 1018 SW 24th Ave 1 1 1 1026 SW 24th Ave 1 1 1 1034 SW 24th Ave 1 1 1 1042 SW 24th Ave 1 1 1 1050 SW 24th Ave 1 1 1 1058 SW 24th Ave 1 1 1 1074 SW 24th Ave 1 1 1 1082 SW 24th Ave 1 1 1 1090 Sw 24th Ave 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1107 SW 24th Ave 1 1 1 1115 SW 24th Ave 1 1 1 1119 SW 24th Ave 1 1 1 1125 SW 24th Ave 1 1 1 1135 SW 24th Ave 1 1 1 1145 SW 24th Ave 1 1 1 1155 SW 24th Ave 1 1 1 1165 SW 24th Ave 1 1 1 1171 SW 24th Ave 1 1 1 1181 SW 24th Ave 1 1 1 1185 SW 24th Ave 1 1 1 1195 SW 24th Ave 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 2315 SW 11th St 1 1 1 2325 Sw 11 th St 1 1 1 2370 SW 11th St 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 2315 SW 12th Ct 1 1 1 2325 SW 12th Ct 1 1 1 2335 SW 12th Ct 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 2314 SW 13th St 1 1 1 2324 SW 13th St 1 1 1 2334 SW 13th St 1 1 1 2344 SW 13th St 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1083 SW 25th Ave 1 1 1 1075 SW 25th Ave 1 1 1 1059 SW 25th Ave 1 1 1 1051 SW 25th Ave 1 1 1 1045 SW 25th Ave 1 1 1 1027 SW 25th Ave 1 1 1 1019 SW 25th Ave 1 1 1 1011 SW 25th Ave 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1002 SW 25th Ave 1 1 1 1022 SW 25th Ave 1 1 1 1032 SW 25th Ave 1 1 1 1042 SW 25th Ave 1 1 1 1052 SW 25th Ave 1 1 1 1062 SW 25th Ave 1 1 1 1066 SW 25th Ave 1 1 1 1072 SW 25th Ave 1 1 1 1092 SW 25th Ave 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 2541 SW 10th St 1 1 1 2547 SW 10th St 1 1 1 2553 SW 10th St 1 1 1 2563 SW 10th St 1 1 1 2569 SW 10th St 1 1 1 2575 SW 10th St 1 1 1 2585 SW 10th St 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1102 SW 25th Ave 1 1 1 1134 SW 25th Ave 1 1 1 1144 SW 25th Ave 1 1 1 1154 SW 25th Ave 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1111 SW 25th Ave 1 1 1 1115 SW 25th Ave 1 1 1 1119 SW 25th Ave 1 1 1 1125 SW 25th Ave 1 1 1 1135 SW 25th Ave 1 1 1 1145 Sw 25th Ave 1 1 1 1155 SW 25th Ave 1 1 1 -..... ....._......_~ Single Double Short Long Address Service Service Side Side Polypipe Galvinized 2506 SW 10th St 1 1 1 , 2514 SW 10th St 1 1 1 I 2520 SW 10th St 1 1 1 2536 SW 10th St 1 1 1 2542 SW 10th St 1 1 1 ~ 2548 SW 10th St 1 1 1 2560 SW 10th St 1 1 1 2566 SW 10th St 1 1 1 2572 SW 10th St 1 1 1 2580 SW 1 Oth St 1 1 1 2586 SW 10th St 1 1 1 2592 SW 10th St 1 1 1 2598 SW 10th St 1 1 1 ! Single Double Short Long Address Service Service Side Side Polypipe Galvinized 2580 SW 10th Ct 1 1 1 2566 SW 10th Ct 1 1 1 2560 SW 10th Ct 1 1 1 2554 SW 10th Ct 1 1 1 2548 SW 10th Ct -~_..- 1 1 Single Double Short Long i Address Service Service Side Side Polypipe Galvinized i 2553 SW 10th Ct 1 1 1 2581 SW 10th Ct 1 1 1 2575 SW 10th Ct 1 2569 SW 10th Ct 1 2563 SW 10th Ct -.-'--' Single Double Short Long Address Service Service Side Side Polypipe Galvinized 2585 SW 10th Cir 1 1 1 2573 SW 10th Cir 1 1 1 2565 SW 10th Cir 1 1 1 2561 SW 10th Cir 1 1 1 2560 SW 10th Cir 1 1 1 2566 SW 10th Cir 1 1 1 2572 SW 10th Cir 1 1 1 2580 SW 10th Cir 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1000 SW 26th Ave 1 1 1 1006 SW 26th Ave 1 1 1 1016 SW 26th Ave 1 1 1 1026 Sw 26th Ave 1 1 1 1036 SW 26th Ave 1 1 1 1046 SW 26th Ave 1 1 1 1056 SW 26th Ave 1 1 1 1066 SW 26th Ave 1 1 1 1076 SW 26th Ave 1 1 1 1086 SW 26th Ave 1 1 1 1096 SW 26th Ave 1 1 1 1102 SW 26th Ave 1 1 1 1104 SW 26th Ave 1 1 1 1118 SW 26th Ave 1 1 1 1128 SW 26th Ave 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1006 SW 25th PI 1 1 1 1016 SW 25th PI 1 1 1 1026 SW 25th PI 1 1 1 1036 SW 25th PI 1 1 1 1046 SW 25th PI 1 1 1 1056 SW 25th PI 1 1 1 1066 SW 25th PI 1 1 1 1076 SW 25th PI 1 1 1 1086 SW 25th PI 1 1 1 Single Double Short Long Address Service Service Side Side Polypi pe Galvinized 1003 SW 25th PI 1 1 1 1013 SW 25th PI 1 1 1 1023 SW 25th PI 1 1 1 1033 SW 25th PI 1 1 1 1043 SW 25th PI 1 1 1 i 1053 SW 25th PI 1 1 1 1063 SW 25th PI 1 1 1 1073 SW 25th PI 1 1 1 1083 SW 25th PI 1 1 ~ 1093 SW 25th PI 1 1 Single Double Short Long I I i Address Service Service Side Side Polypipe Galvinized i 2540 SW 11th St 1 1 1 2560 SW 11th St 1 1 1 2570 SW 11th St 1 1 1 2580 SW 11th St 1 1 1 2598 SW 11th St 1 1 1 0 ong Add ress Side Side Polypipe Galvinized 2425 SW 11th St 1 1 2511 SW 11th St 1 1 1 2521 SW 11th St 1 1 1 2531 SW 11th St 1 1 1 --.--1 2541 SW 11th St 1 1 1 2551 SW 11th St 1 1 1 2561 SW 11th St 1 1 1 2571 SW 11th St 1 1 1 2581 SW 11th St 1 1 1 2591 SW 11th St 1 1 2599 SW 11th St 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1056 SW 25th Way 1 1 1 1066 SW 25th Wa 1 1 1076 SW 25th Way 1 1 -~ 1086 SW 25th Way 1 1096 SW 25th Wa 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1027 SW 25th Wa 1 1 1 1037 SW 25th Wa 1 1 1 1047 SW 25th Wa 1 1 1 1057 SW 25th Wa 1 1 1 1067 SW 25th Wa 1 1 1 1077 SW 25th Wa 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 2502 SW 11th Ct 1 1 1 2510 SW 11th Ct 1 1 1 2522 SW 11th Ct 1 1 1 2532 SW 11th Ct 1 1 1 2540 SW 11th Ct 1 1 1 2548 SW 11th Ct 1 1 1 2556 SW 11th Ct 1 1 1 2564 SW 11th Ct 1 1 1 2572 SW 11th Ct 1 1 1 2580 SW 11th Ct 1 1 1 2588 SW 11th Ct 1 1 1 2595 SW 11th Ct 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 2501 SW 11th Ct 1 1 1 2509 SW 11th Ct 1 1 1 2521 SW 11th Ct 1 1 1 2531 SW 11th Ct 1 1 1 2539 SW 11th Ct 1 1 1 2547 SW 11th Ct 1 1 1 2555 SW 11th Ct 1 1 1 2563 SW 11th Ct 1 1 1 2571 SW 11th Ct 1 1 1 2579 SW 11th Ct 1 1 1 2587 SW 11th Ct 1 1 1 2595 SW 11th Ct 1 1 1 I ---~-" Single Double Short Long Address Service Service Side Side Polypipe Galvinized 2515 SW 13th Ct --'- 1 1 1 2531 SW 13th Ct 1 1 1 2541 SW 13th Ct 1 1 1 2545 SW 13th Ct 1 1 2551 SW 13th Ct 1 2561 SW 13th Ct 1 Single Double Short Long I Address Service Service Side Side Polypipe I Galvinized 2512 SW 13th Ct 1 1 1 ~ 2526 SW 13th Ct 1 2534 SW 13th Ct 1 "4 2538 SW 13th Ct 2542 SW 13th Ct Single Double Short Long i Address Service Service Side Side Polypipe Galvinized I 1200 SW 25th PI 1 1 1 1210 SW 25th PI 1 1 1 1220 SW 25th PI 1 1 1 1302 SW 25th PI 1 1 1 1306 SW 25th PI 1 1 1 1310 SW 25th PI 1 1 1 1314 SW 25th PI 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1201SW25th PI 1 1 1 1211 SW 25th PI 1 1 1 1221 SW 25th PI 1 1 1 1301 SW 25th PI 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 2510 SW 14th St 1 1 1 2520 SW 14th St 1 1 1 2530 SW 14th St 1 1 1 2540 SW 14th St 1 1 1 2550 SW 14th St 1 1 1 2560 SW 14th St 1 1 1 2570 SW 14th St 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 2511 SW 14th St 1 1 1 2525 SW 14th St 1 1 1 2535 SW 14th St 1 1 1 2545 SW 14th St 1 1 1 2555 SW 14th St 1 1 1 2565 SW 14th St 1 1 1 2575 SW 14th St 1 1 1 2581 SW 14th St 1 1 1 2585 SW 14th St 1 1 1 2591 SW 14th St 1 1 1 2595 SW 14th St 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1200 SW 25th Wa 1 1 1 1210 SW 25th Wa 1 1 1 1220 SW 25th Wa 1 1 1 1230 Sw 25th Wa 1 1 1 1240 SW 25th Wa 1 1 1 1250 SW 25th Wa 1 1 1 1300 SW 25th Wa 1 1 1 1310 SW 25th Wa 1 1 1 1320 SW 25th Wa 1 1 1 1330 Sw 25th Wa 1 1 1 1340 SW 25th Wa 1 1 1 1350 SW 25th Wa 1 1 1360 SW 25th Wa 1 1 - ._------".-~. Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1201 SW 25th Way 1 1 1 1211 SW 25th Wa 1 1 1 1221 SW 25th Way 1 1 1 i 1231 SW 25th Wa 1 1 1 -----, I I 1241 SW 25th Wa 1 1 1 1251 SW 25th Wa 1 1 1 1301 SW 25th Wa 1 1 1 ~ 1311 SW 25th Wa 1 1 1 -.-, 1321 SW 25th Wa 1 1 1 1331 SW 25th Wa 1 1 1 - 1341 SW 25th Way 1 1 1351 SW 25th Wa 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized ! 1201 SW 26th Ave 1 1 1 1211 SW 26th Ave 1 1 1 1215 SW 26th Ave 1 1 1 1221 SW 26th Ave 1 1 1 1241 SW 26th Ave 1 1 1 1301 SW 26th Ave 1 1 1 1311 SW 26th Ave 1 1 1 1321 SW 26th Ave 1 1 1 ----; 1331 SW 26th Ave 1 1 1 1341 SW 26th Ave 1 1 1351 SW 26th Ave 1 1 -j 1361 SW 26th Ave 1 1 1371 SW 26th Ave 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1200 SW 26th Ave 1 1 1 1210 SW 26th Ave 1 1 1 1220 SW 26th Ave 1 1 1 1230 SW 26th Ave 1 1 1 1240 SW 26th Ave 1 1 1 1250 SW 26th Ave 1 1 1 1300SW 26th Ave 1 1 1 1310 SW 26th Ave 1 1 1 1320 SW 26th Ave 1 1 1 1330 SW 26th Ave 1 1 1 1340 SW 26th Ave 1 1 1 1350 SW 26th Ave 1 1 1 1360 SW 26th Ave 1 1 1 1370 SW 26th Ave 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 2510 SW 12th St 1 1 1 2514 SW 12th St 1 1 1 2518 SW 12th St 1 1 1 2522 SW 12th St 1 1 1 2526 SW 12th St 1 1 1 2530 SW 12th St 1 1 1 2534 SW 12th St 1 1 1 2538 SW 12th St 1 1 1 2542 SW 12th St 1 1 1 2546 SW 12th St 1 1 1 2550 SW 12th St 1 1 1 2554 SW 12th St 1 1 1 2558 SW 12th St 1 1 1 2560 SW 12th St 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 2515 SW 12th St 1 1 1 2519 SW 12th St 1 1 1 2523 SW 12th St 1 1 1 2527 SW 12th St 1 1 1 2531 SW 12th St 1 1 1 2535 SW 12th St 1 1 1 2539 SW 12th St 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1199 Sw 25th Ave 1 1 1 1201 SW 25th Ave 1 1 1 1209 SW 25th Ave 1 1 1 1213 SW 25th Ave 1 1 1 1301 SW 25th Ave 1 1 1 1311 SW 25th Ave 1 1 1315 SW 25th Ave 1 1 I I 1321 SW 25th Ave 1 1 "I 1331 SW 25th Ave 1 1 1341 SW 25th Ave 1 1401 SW 25th Ave 1 ~ 1405 SW 25th Ave 1 I 1409 SW 25th Ave 1 Single Double Short Long ---I Address Service Service Side Side Polypipe Galvinized 2512 SW 13th St 1 1 1 2516 SW 13th St 1 1 1 2534 SW 13th St 1 1 1 2538 SW 13th St 1 1 1 2537 SW 13th St 1 1 1 2533 SW 13th St 1 1 1 2527 SW 13th St 1 1 1 2515 SW 13th St 1 1 1 Single Double Short Long I Address Service Service Side Side Polypipe Galvinized i 2520 SW 14th Ct 1 1 1 2540 SW 14th Ct 1 1 .~ 2560 SW 14th Ct 1 2580 SW 14th Ct Single Double Short Long Service Service Side Side Polypipe Galvinized 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1007 SW 27th PI 1 1 1 1017 SW 27th PI 1 1 1 1027 SW 27th PI 1 1 1 1037 SW 27th PI 1 1 1 1047 SW 27th PI 1 1 1 1057 SW 27th PI 1 1 1 1067 SW 27th PI 1 1 1 1077 SW 27th PI 1 1 1 1087 SW 27th PI 1 1 1 1097 SW 27th PI 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1016 SW 27th PI 1 1 1 1026 SW 27th PI 1 1 1 1036 SW 27th PI 1 1 1 1046 SW 27th PI 1 1 1 1056 SW 27th PI 1 1 1 1066 Sw 27th PI 1 1 1 1076 SW 27th PI 1 1 1 1086 SW 27th PI 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1007 SW 27th Ave 1 1 1 1017 SW 27th Ave 1 1 1 1027 SW 27th Ave 1 1 1 1037 SW 27th Ave 1 1 1 1047 SW 27th Ave 1 1 1 1057 SW 27th Ave 1 1 1 1065 SW 27th Ave 1 1 1 1073 SW 27th Ave 1 1 1 1083 SW 27th Ave 1 1 1 1091 SW 27th Ave 1 1 1 1099 SW 27th Ave 1 1 1 _. -,,,,,-,._.~.,.._~", Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1006 SW 27th Ave 1 1 1 1036 SW 27th Ave 1 1 1 1046 SW 27th Ave 1 1 1 I 1056 SW 27th Ave 1 1 1 1066 SW 27th Ave 1 1 1 1076 SW 27th Ave 1 1 1 1086 SW 27th Ave 1 1 1 1096 SW 27th Ave 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 2704 SW 10th St 1 1 1 2716 SW 10th St 1 1 1 2728 SW 10th St 1 1 1 2740 SW 10th St 1 1 2752 SW 10th St 1 1 2764 SW 10th St 1 1 2776 SW 10th St 1 1 2788 SW 10th St 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 2312 SW 10th St 1 1 1 2322 SW 10th St 1 1 1 2332 SW 10th St 1 1 1 2302 SW 10th St 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1000 SW 28th Ave 1 1 1 1006 SW 28th Ave 1 1 1 1016 SW 28th Ave 1 1 1 1026 SW 28th Ave 1 1 1 1036 SW 28th Ave 1 1 1 1046 SW 28th Ave 1 1 1 1056 SW 28th Ave 1 1 1 1066 SW 28th Ave 1 1 1 1076 SW 28th Ave 1 1 1 1086 SW 28th Ave 1 1 1 1096 SW 28th Ave 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1017 SW 28th Ave 1 1 1 1027 SW 28th Ave 1 1 1 1037 SW 28th Ave 1 1 1 1047 SW 28th Ave 1 1 1 1057 SW 28th Ave 1 1 1 1067 SW 28th Ave 1 1 1 1077 SW 28th Ave 1 1 1 1087 SW 28th Ave 1 1 1 1097 SW 28th Ave 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 2512 SW 13th St 1 1 1 2516 SW 13th St 1 1 1 2534 SW 13th St 1 1 1 2538 SW 13th St 1 1 1 2515 SW 13th St 1 1 1 2527 SW 13th St 1 1 1 2533 SW 13th St 1 1 1 2537 SW 13th St 1 1 1 Single Double Short Long ! i Address Service Service Side Side Polypipe Galvinized 1120 SW 28th Ave 1 1 1 1134 SW 28th Ave 1 1 1 1144 SW 28th Ave 1 1 1 1154 SW 28th Ave 1 1 1 -l 1164 SW 28th Ave 1 1 1 ! 1174 SW 28th Ave 1 1 1 i 1184 SW 28th Ave 1 1 1 I 1194 SW 28th Ave 1 1 1 1200 SW 28th Ave 1 1 1 1240 SW 28th Ave 1 1 1 1260 SW 28th Ave 1 1 1 1280 SW 28th Ave 1 1 1 1290 SW 28th Ave 1 1 1 1310 SW 28th Ave 1 1 1 1320 SW 28th Ave 1 1 1 1330 SW 28th Ave 1 1 1 1340 SW 28th Ave 1 1 1 i 1350 SW 28th Ave 1 1 1 1360 SW 28th Ave 1 1 1 i 1370 SW 28th Ave 1 1 1 , i 1380 SW 28th Ave 1 1 1 ! 1400 SW 28th Ave 1 1 1 ! 1420 SW 28th Ave 1 1 1 I 1440 SW 28th Ave 1 1 1 I 1450 SW 28th Ave 1 1 1 ---1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1135 SW 28th Ave 1 1 1 1145 SW 28th Ave 1 1 1 1155 SW 28th Ave 1 1 1 1165 SW 28th Ave 1 1 1 1175 SW 28th Ave 1 1 1 -- 1185 SW 28th Ave 1 1 1 1195 SW 28th Ave 1 1 1 1201 SW 28th Ave 1 1 1 1241 SW 28th Ave 1 1 1 1261 SW 28th Ave 1 1 1 -j 1281 SW 28th Ave 1 1 1 I --.j 1291 SW 28th Ave 1 1 1 I I 1311 SW 28th Ave 1 1 1 ---j i -i 1321 SW 28th Ave 1 1 1 I 1331 SW 28th Ave 1 1 1 -1 1341 SW 28th Ave 1 1 1 --I 1351 SW 28th Ave 1 1 1 1 1361 SW 28th Ave 1 1 1 I 1381 SW 28th Ave 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 2701 SW 11th St 1 1 1 2729 SW 11th St 1 1 1 2741 SW 11th St 1 1 1 2753 SW 11th St 1 1 1 2765 SW 11 th St 1 1 1 2775 SW 11th St 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 2720 SW 11th Ct 1 1 1 2730 SW 11 th Ct 1 1 1 2740 SW 11 th Ct 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 2841 SW 13th Ct 1 1 1 2831 SW 13th Ct 1 1 1 2821 SW 13th Ct 1 1 1 2811 SW 13th Ct 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 2820 SW 14th St 1 1 1 2840 SW 14th St 1 1 1 2860 SW 14th St 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1144 SW 27th PI 1 1 1 1154 SW 27th PI 1 1 1 1164 SW 27th PI 1 1 1 1174 SW 27th PI 1 1 1 i I 1184 SW 27th PI 1 1 1 I 1194 SW 27th PI 1 1 1 1200 SW 27th PI 1 1 1 1240 SW 27th PI 1 1 1 1260 SW 27th PI 1 1 1 1280 SW 27th PI 1 1 1 1290 SW 27th PI 1 1 1 1310 SW 27th PI 1 1 1 1320 SW 27th PI 1 1 1 1330 SW 27th PI 1 1 1 1340 SW 27th PI 1 1 1 1350 SW 27th PI 1 1 1 1360 SW 27th PI 1 1 1 1370 SW 27th PI 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1155 SW 27th PI 1 1 1 1165 SW 27th PI 1 1 1 1175 SW 27th PI 1 1 1 1185 SW 27th PI 1 1 1 1195 SW 27th PI 1 1 1 1201 SW 27th PI 1 1 1 I 1 1241 SW 27th PI 1 1 1 I 1261 SW 27th PI 1 1 1 I 1281 SW 27th PI 1 1 ~ I 1291 SW 27th PI 1 1 1 1301 SW 27th PI 1 1 1 1311 SW 27th PI 1 1 1 1321 SW 27th PI 1 1 1 1331 SW 27th PI 1 1 1 1341 SW 27th PI 1 1 1 1351 SW 27th PI 1 1 1 1361 SW 27th PI 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1154 SW 27th Ave 1 1 1 1164 SW 27th Ave 1 1 1 1174 SW 27th Ave 1 1 1 1184 SW 27th Ave 1 1 1 1194 SW 27th Ave 1 1 1 1200 SW 27th Ave 1 1 1 1240 SW 27th Ave 1 1 1 1260 SW 27th Ave 1 1 1 1280 SW 27th Ave 1 1 1 1290 SW 27th Ave 1 1 1 1300 SW 27th Ave 1 1 1 1310 SW 27th Ave 1 1 1 1320 SW 27th Ave 1 1 1 1330 SW 27th Ave 1 1 1 1340 SW 27th Ave 1 1 1 1360 SW 27th Ave 1 1 1 Single Double Short Long Address Service Service Side Side Polypipe Galvinized 1125 SW 27th Ave 1 1 1 1135 SW 27th Ave 1 1 1 1145 SW 27th Ave 1 1 1 1155 SW 27th Ave 1 1 1 1165 SW 27th Ave 1 1 1 1175 SW 27th Ave 1 1 1 1185 SW 27th Ave 1 1 1 1195 SW 27th Ave 1 1 1 1201 SW 27th Ave 1 1 1 1241 SW 27th Ave 1 1 1 1261 SW 27th Ave 1 1 1 1281 SW 27th Ave 1 1 1 1291 SW 27th Ave 1 1 1 1301 SW 27th Ave 1 1 1 1311 SW 27th Ave 1 1 1 1321 SW 27th Ave 1 1 1 1331 SW 27th Ave 1 1 1 1341 Sw 27th Ave 1 1 1 1351 SW 27th Ave 1 1 1 1361 SW 27th Ave 1 1 1 1371 SW 27th Ave 1 1 1 1381 SW 27th Ave 1 1 1 1391 SW 27th Ave 1 1 1 Single Double Short Long Service Service Side Side Polypipe Galvinized I Total 210 373 304 279 141 442 I i VI.-CONSENT AGENDA ITEM B.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\J. PH 3: 53 08 OCT -6 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 August 19,2008 August 4,2008 (Noon) ~ October 21, 2008 October 6, 2008 (Noon) D September 2, 2008 August 18,2008 (Noon) D November 5, 2008 October 20, 2008 (Noon) D September 18, 2008 September 2, 2008 (Noon) D November 18, 2008 November 3,2008 (Noon) D October 7,2008 September 15,2008 (Noon) D December 2, 2008 November 17, 2008 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Motion to approve a "piggy-back" contract #RFP 2008-23, of the Town of Palm Beach for Cleaning and evaluating storm and sanitary lines and structures. The contract was awarded to AUl, LLC of Jacksonville, Florida. The Town of Palm Beach complied with Public Contract Bid requirements equal to or which exceed Boynton Beach's requirements in the amount of: $566,164.88 plus a 10% contingency of$56,6l6.49 for aJotal of$622,781.37. EXPLANATION: The Utility Department is utilizing a program to identify and rehabilitate portions of the gravity wastewater conveyance system to reduce infiltration and inflow (1&1). The goal of this program is to significantly reduce the 1&1, restore the structural integrity of the pipe and manholes to insure their proper operation and to reduce treatment costs caused by excess water entering the conveyance system. The first, second and third phases were Commission approved on November 26, 2006, May 15, 2007 and January 2, 2008 respectively. AU! LLC, of Jacksonville, Florida was the approved contractor to begin the cleaning, televising and reporting stage of the program. The Utility Department would like to continue this program and begin Phase IV of the line cleaning and televising work. Phase IV includes a very small portion east of 1-95, namely the Lift Station #313 sub-basin. The remaining portions of this phase are located west of 1-95 in the Golfview Harbor and Leisureville Communities. Attached with this memorandum is a map detailing the area that will be cleaned and inspected. Services will include an estimated 149,250 linear feet of sewer main and 596 manhole structures will be cleaned and televised with digital records provided for storage and future review. Also included will be Geographic Positioning System (GPS) locations of each manhole and smoke testing in specific areas according to TV inspection reports. In addition this scope will include a storm water task to clean and inspect storm water manholes and catch basins in the Leisureville community. The task will also include providing (GPS) locations for each of the structures. PROGRAM IMP ACT: Attached is the proposal from A.UJ. with a complete breakdown of costs and the individual services, a map of the project area and a copy of the contract. The cost is $566,164.88 with a contingency of 10% for additional cleaning of unforeseen conditions of estimated cleaning costs which is $56,616.49. Total cost of the project is $622,781.37. FISCAL IMPACT: Funding of $622,781.37. for this project is available in accounts #406-5000-590-96-04 SWR 113 and #406-5000-590-65-04 STM03l. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA TlVES: Go back to an "In-House" program that would take years to complete at current stafflevels and reduce our current progress to control operation and maintenance costs associated with Infiltration and Inflow in the wastewater collecti n system. \ I , \, / , t(wM~ City Manager's Signature ~~ Assistant to City Manarr y / City Attorfey / Finance ---- -e $.eA4~ TLlkb XC: Pete Mazzella Tony Lombardi Barb Conboy Dan Spooner File S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC TOWN OF PALM BEACH Information for Town Council Meeting on: August 12, 2008 To: Mayor and Town Council Via: Peter B. Elwell, Town Manager From: H. Paul Brazil, Director of Public Works Re: Authorization to Award Cleaning and Televising Storm and Sanitary Systems and Structures Resolution No. 60-08 Date: August 1, 2008 STAFF RECOMMENDATION Town staff recommends that Town Council authorize a contract with Advanced Underground Imaging, LLC (AUI, LLC) and Video Industrial Services for Cleaning and Televising Storm and Sanitary Systems and Structures by approving Resolution No. 60-08. GENERAL INFORMATION The Town has a need to inspect and clean its storm-water and sanitary sewer collection systems to determine their condition and to identify necessary repair or replacement. An RFP package was prepared with a request for technical and pricing information. RFP No. 2008-23 was advertised on June 15, 2008, and a selection committee consisting of Eric Brown, Assistant Director of Public Works/Operations, Charles Langley, Assistant Director of Public Works/Engineering, Lawrence Plympton, Water Resources Division Manager, and Lynda Venne, Purchasing Agent, met on July 23, 2008. Based on the proposals received, the selection committee ranked the contractors' proposals and recommends that the contract be awarded to AUI, LLC at the unit prices presented in their proposal as the primary vendor. It is also recommended that the Town Council authorize a contract with Video Industrial Services as the secondary vendor, in the event that one is needed due to workload, scheduling conflicts, ability to perform, etc. This provides the maximum flexibility to the Town to accomplish required work. A copy of the evaluation criteria is attached. FUNDINGnnSCALIMPACT Current funds are budgeted in the Capital Improvement Program and Public Works' Operations and Maintenance budgets. Initial work is proposed to include the D-4 drainage basin estimated at $54,000 and the D-9 drainage basin estimated at $108,000 for cleaning and televising. This is an estimate and actual cost will be the basis for payment. This is the first part of a planned program to rehabilitate the existing storm-water collection system which includes: cleaning, televising. and evaluating all the storm-water piping and structures and is estimated to be a five- 109 year program in duration based on current funding levels. The second phase is the actual repan or replacement of existing infrastructure. which will be presented to the Town Council for consideration in the future. TOWN ATTORNEY REVIEW This is a standard resolution in a form previously approved by the Town Attorney for legal form and sufficiency. HPB:nb Attachment RESOLUTION NO. 60-08 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AWARDING A CONTRACT TO ADVANCED UNDERGROUND IMAGING, LLC, (AU I, LLC), AND VIDEO INDUSTRIAL SERVICES, INC. FOR CLEANING AND TELEVISING STORM AND SANITARY SYSTEMS AND STRUCTURES FOR THE TOWN OF PALM BEACH. * * * BE IT RESOLVED BY THE TOWN COUNCIL of the Town of Palm Beach, Palm Beach County, Florida as follows: Section 1. The Town of Palm Beach RFP No. 2008-23 for Cleaning and Televising Storm and Sanitary Systems and Structures is hereby awarded to Advanced Underground Imaging, LLC (AUI, LLC) and Video Industrial Services, Inc. Section 2. The Town Manager is hereby authorized to execute purchase orders on behalf of the Town of Palm Beach for Cleaning and Televising Storm and Sanitary Systems and Structures for Fiscal Year 2008 and beyond, in accordance with the proposed unit prices. Section 3. The Town Manager, or his designee, is hereby authorized and directed to take such further actions as may be necessary to effectuate the completion of the Cleaning and Televising Storm and Sanitary Systems and Structures contract awards. PASSED AND ADOPTED in a regular adjourned session of Town Council of the Town of Palm Beach this 12th day of August 2008. Jack McDonald, Mayor Richard M. Kleid, Town Council President Gail Coniglio, President Pro Tern Denis P. Coleman, Town Council Member ATTEST: Susan Markin, Town Council Member Susan A. Eichhorn, Town Clerk David A. Rosow, Town Council Member Res. No. 60-08 111 RFP No. 2008-23 Cleaning Evaluation of Storm and Sanitary Lines and Structures SELECTION COMMITTEE RATINGS Committee Total Member VENDOR , AUI, LLC 4.95 5.00 4.45 4.80 Calvin. Giordano & Assts. Inc. 2.5 3.3 3.1 2.97 Environmental Performance System 0.20 0.60 1.20 0.67 Video Industrial Services Inc 4.30 4.50 4.00 4.27 Selection Committee RFP No. 2008..23 Cleaning Evaluation of Storm and Sanitary Lines and Structures PROPOSER: AUI, LLC Larry Plympton Chuck Langley Eric Brown rOl"~r.'~~~("" ",/,1 ~ . ~.. ~ 0' J) I, Ii ~ '! 1..\ f(l" '-.~ ~ ; ~;; l"'~l.~f' J;:-;'1' '~rl-~r~ ~"'l1Ti:~';fi'I'lf;~~;~f~~~'1 ,'.~.d ~t 1.11'11 '.,. \.), .. ' '. , - . - _ ~', v I, .~~:.: ~" : ,~' I. !~.~'.1;_~~' l..~ I ~ ~~~ .,1. ,':' l._.-:_,;.;:::.~.=-~ Experience and Qualifications of Firm 25% 5 1.25 5 1.25 4 1.00 Quality of services 25% 5 1.25 5 1.25 4 1.00 Approach to Project 25% 5 1.25 5 1.25 5 1.25 Cost of the Proposal 20% 5 1.00 5 1.00 5 1.00 Other 5% 4 0.20 5 0.25 4 0.20 4.95 5 4.45 4.80 113 RFP No. 2008-23 Cleaning Evaluation of Storm and Sanitary Lines and Structures PROPOSER: Calvin, Giordano & Associates. Larry Plympton Chuck Langley Eric Brown !" ".', ; ~. \1{ \ I ' , .- Experience and Qualifications of Firm 25% 3 0.75 4 1,00 4 1.00 Quality of services 25% 3 0.75 4 1.00 3 0.75 Approach to Project 25% 2 0.50 3 0.75 4 1.00 Cost of the Proposal 20% 2 0.40 2 0.40 1 0.20 Other 5% 2 0.10 3 0.15 3 0.15 2.50 3.30 3.10 2.97 RFP No. 2008-23 Cleaning Evaluation of Storm and Sanitary Lines and Structures PROPOSER: Environmental Performance System Larry Plympton Chuck Langley Eric Brown 1 ' '1 \-., . ,. c' , . .. .' - I . , ~ ; i" - I I' .' I' ~,I ~ \.' , - ...: f l~l r 1111-: ~'I~,'~ : \' r rf \ 4 t 11 '.; (( - l , p:. I fJ !,. ' ~;.1 4,'. '1 .~', ." I J . " - Experience and QuaJJflcatlons of Firm 25% 0 0.00 0 0.00 1 0.25 Quality of services 25% 0 0.00 0 0.00 1 0.25 Approach to Project 25% 0 0.00 0 0.00 1 0.25 Cost of the Proposal 20% 1 0.20 3 0.60 2 0.40 Other 5% 0 0.00 0 0.00 1 0.05 0.20 0.60 1.20 0.67 115 RFP No. 2008-23 Cleaning Evaluation of Storm and Sanitary Lines and Structures PROPOSER: Video Industrial Services Inc Larry Plympton Chuck Langley Eric Brown f....... ~ -, I , q . . '11 n :.~ I III ~ I Experience and Qualifications of Firm 25% 5 1.25 5 1.25 4 1.00 Quality of services 25% 5 1.25 5 1.25 4 1.00 Approach to Project 25% 3 0.75 4 1.00 4 1.00 Cost of the Proposal 20% 4 0.80 4 0.80 4 0.80 Other 5% 5 0.25 4 0.20 4 0.20 4.30 4.50 4.00 4.27 1H- 5 Octob'" ?006 Price Proposal for the rity of Boynton Beach TOTAL TOTAL TOTAL LIGHT HALF I vT AL TOTAL LIGHT HEAVY HALF TOTAL HEAVY LS DIAMETER FOOTAGE CCTV CCTV CLEAN FOOTAGE CLEAN CLEAN FOOTAGE CLEAN TOTAL PRICE 313 8" 22905 $1.25 ./ $28,631.25; $1.25 1/ 11452.5 $14,315.63 $2.50..; 11452.5 $28,631.25 " $71,578.13 1.// 10" 637 $1.25 ./ $796.25 v $1.25 ./ 318.5 $398.13 $2.50 .,- 318.5 $796.25 v' $1,990.63 ,/ 15" 1141 $1.25 ./ $1,426.25", $1.50 J. 570.5 $855.75 $3.5Q v' 570.5 $1,996.75 II $4,278.75./. 18" 62 $1.75,/..- $108.50 ,/ $2.00 J 31.0 $62.00 $4.00. v' 31 $124.00 oJ $294.50 ./ 24" 3241 $2.25 ../. $7,292.25v $2.50 I 1620.5 $4,051.25 $5.00/ 1620.5 $8,102.50.... $19,446.00 ./ 30" 10 $2.25./ $22.50 V $2.50 .I 5.0 $12.50 $5._00J 5 $25.00 ./ $60.00 ,/ 40" 40 $3.00 ./ $120.00,/ $3.00 .j 20.0 $60.00 $6.00..1 20 $120.00 ,; $300.00 ./ .; 601 8" 7078 $1.25 ./ $8,847.50 v $1.25 J 3539.0 $4,423.75 $2.50 0/ 3539 $8,847.50 .... $22,118.75 v 10" 722 $1.25 v $902.50 ,/ $1.25 " 361.0 $451.25 $2.50 I 361 $902.50 v $2,256.25 v 604 8" 29137 $1.25 v $36,421.25. I/' $1.25 v 14568.5 $18,210.63 $2.50./ 14568.5 $36,421.25 $91,053.13 V" 10" 3635 $1.25 .; $4,543.751 $1.25 v 1817.5 $2,271.88 $2.501/ 1817.5 $4,543.75 $11,359.38 ./ 12" 165 $1.25 ./ $206.25 ./ $1.50 .f 82.5 $123.75 $3.50'/ 82.5 $288.75 '" $618.75 ./ 605 8" 9250 $1.25 v $11,562.50.... $1.25 I 4625.0 $5,781.25 $2.50..... 4625 $11,562.50... $28,906.25 ./ " 606 8" 33838 $1.25 ./ $42,297.50 $1.25 / 16919.0 $21,148.75 $2.50,/ 16919 $42,297.50", $105,743.75 v" 10" 1133 $1.25 ,/ $1,416.25 II $1.25 / 566.5 $708.13 $2.50,.,... 566.5 $1,416.25 " $3,540.63 v 12" 126 $1.25 ./ $157.50 ... $1.50 / 63.0 $94.50 $3.50 v 63 $220.50 "" $472.50 / 607 8" 4398 $1.25 v $5,497.50", $1.25,j 2199.0 $2,748.75 $2.50 v 2199 $5,497.50 \, $13,743.75 ./ 608 8" 4275 $1.25 .; $5,343.75 \I $1.25 V 2137.5 $2,671.88 $2.50 y 2137.5 $5,343.75 v $13,359.38 v' 609 8" 25941 $1.25 v" $32,426.25 $1.25 ./ 12970.5 $16,213.13 $2.50,,' 12970.5 $32,426.25 $81,065.63 V 10" 1180 $1.25 .,- $1,475.00 $1.25 / 590.0 $737.50 $2.50 ., 590 $1,475.00 ... ./ $3,687.50 /. 12" 339 $1.25 ,; $423.75 ~ $1.50 v' 169.5 $254.25 $3.50..... 169.5 $593.25./ $1,271.25 v SUBTOTAL $477,144.88 v' SANITARY GPS TOTAL / INSP TOTAL MH 596 $35.00 $20,860.00 $60.00 $35,760.001 $56,620.00 ./ TOTAL SANITARY $533,764.88 STORM MH/CB 120 $35.00 $4,200.00 $60.00 $7,200.00 $11,400.00 -- CLEANING 120 $175.00 60-120 hours TOTAL BETWEEN $10,500 - $21,000 $21,000.00 TOTAL STORM $32,400.00 sI,.,?/(p+8tS TOWN OF PALM BEACH RFP NO 2008-23 j~ Cleaning and Evaluation of the Storm and Sanitary Lines and Structures PRICE PROPOSAL SUBMITTAL Approx. Unit Price in Item No. Description Quantity Dollars 1 Mobilization - WO less than 10,000 LF per WO 100.00 Storm Sewer Pipe Light/Medium Cleaning 2 Cleaning 8" Storm Sewer Pipe LF I _ 2.75 ___ 3 Cleaning 10" Storm Sewer Pipe LF i 2.75 , I .... 4 Cleaning 12" Storm Sewer Pipe I LF i 2.75 5 Cleaning 15" Storm Sewer Pipe ! LF I 3.00- . .... 6 Cleaning 18" Storm Sewer Pipe ! LF 1--- 3.25 7 Cleaning 21" Storm Sewer Pipe : LF 1~~].25 ' I ---- 8 Cleaning 24" Storm Sewer Pipe i LF i 3.50 ' 9 Cleaning 30" Storm Sewer Pipe I LF ___~75 ---j . ---.-.. .. #"" 1 0 Cleaning 36" Storm Sewer Pipe I LF r----4 50___ . 11 Cleaning 42" Storm Sewer Pipe I LF 5.00 12 Cleaning 48" Storm Sewer Pipe j LF _ 7 50 ___ 13 Cleaning 54" Storm Sewer Pipe i-- LF _ _ '2~_ 14 Cleaning 60" Storm Sewer Pipe I t=+F ___A~.OO__ 15 Cleaning 66" Storm Sewer Pipe LF 14.00 ---------- 1 6 Cleaning 72" St~rm Sewer PiPe. I LF ~_ ___16.00 Storm Sewer PIpe Heavy Cleaning '; I '---.---- 2.A Cleaning 8" Storm Sewer Pipe : LF : 2.75 3.A Cleaning 10" Storm Sewer Pipe _____ _LF ~__-__ ~J5__- 4.A Cleaning 12" Storm Sewer Pipe I LF I 4.00 1----- _.--.. 5.A Cleaning 15" Storm Sewer Pipe ! ~---t-.--- 500 ___ 6.A Cleaning 18" Storm Sewer Pipe ~_ 5.00 7.A Cleaning 21" Storm Sewer Pipe ! LF i 600 8.A Cleaning 24" Storm Sewer Pipe ' tiF !--- 700 l___ -- --__ 9.A Cleaning 30" Storm Sewer Pipe I LF 800 ('If1l"'. 1 O.A Cleaning 36" Storm Sewer Pipe I LF __=._~_oo - _ COMPANY AUI, LLC DATE 7/16/08 RFP 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures - Price Proposal Submittal. Revised r L 11 .A Cleaning 42" Storm Sewer Pipe LF 10.00 12.A Cleaning 48" Storm Sewer Pipe LF 10.00 r<fl't 13.A Cleaning 54" Storm Sewer Pipe LF 11.00 14.A Cleaning 60" Storm Sewer Pipe LF 16.00 15.A Cleaning 66" Storm Sewer Pipe LF 30.00 16.A Cleaning 72" Storm Sewer Pipe LF 30.00 Debris disposal if required by Contractor Cubic Yard 25.00 17 CCTV 8" Storm Sewer Pipe LF 1.00 18 CCTV 10" Storm Sewer Pipe LF 1.00 1 9 CCTV 12" Storm Sewer Pipe LF 1.25 20 CCTV 15" Storm Sewer Pipe LF 1.25 21 CCTV 18" Storm Sewer Pipe LF 1.50 22 CCTV 21" Storm Sewer Pipe LF 1.50 23 CCTV 24" Storm Sewer Pipe LF 2.00 24 CCTV 30" Storm Sewer Pipe LF 2.00 25 CCTV 36" Storm Sewer Pipe LF 3.00 26 CCTV 42" Storm Sewer Pipe LF 3.00 27 CCTV 48" Storm Sewer Pipe LF 4.00 IF 28 CCTV 54" Storm Sewer Pipe LF 4.00 29 CCTV 60" Storm Sewer Pipe LF 5.00 30 CCTV 66" Storm Sewer Pipe LF 6.00 31 CCTV 72" Storm Sewer Pipe LF 10.00 32 Sonar 21" Storm Sewer Pipe LF 4.50 33 Sonar 24" Storm Sewer Pipe LF 4.50 34 Sonar 3.0" Storm Sewer Pipe LF 4.50 35 Sonar 36" Storm Sewer Pipe LF 4.50 36 Sonar 42" Storm Sewer Pipe LF 5.00 37 Sonar 48" Storm Sewer Pipe LF 5.00 38 Sonar 54" Storm Sewer Pipe LF 6.00 39 Sonar 60" Storm Sewer Pipe LF 7.00 40 Sonar 66" Storm Sewer Pipe LF 8.00 41 Sonar 72" Storm Sewer Pipe LF 8.00 "- COMPANY AUI, LLC DATE 7/16/08 RFP 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures - Price Proposal Submittal - Revised 2 j Sanitary Sewer Pipe light/Medium Clea~lng---'--- -------r------ 1--- ------ ---- ,~ _ 42 Cleaning 6" Gravity Pipe LF '_____~.:.~~ 43 Cleaning 8" Gravity Pipe LF i 1 .25 44 Cleaning 10" Gravity Pipe r LF : 1_.~~__ 45 Cleaning 12" Gravity Pipe LF ; __~~_5_~___ 46 Cleaning 15" Gravity Pipe LF ' 1 50 ,-- ..__.~-_. 47 Cleaning 18" Gravity Pipe f-- LF ' 2.00 48 Cleaning 21" Gravity Pipe I LF ! -- -2.0-6 , I _ I ---------- i 49 Cleaning 24" Gravity Pipe I LF r---~:~9---- _ 50 Cleaning 30" Gravity Pipe t= LF I ____~50___ 51 Cleaning 36" Gravity Pipe LF ! 3.00 : -~--~ 52 Cleaning 42" Gravity Pipe LF 3.00 I --------- ------------- 53 Cleaning 48" Gravity Pipe i IF , 4.00 - ----j----- -----,------- 54 Cleaning 54" Gravity Pipe I l-F i __~~~~_____ 55 Cleaning 60" Gravity Pipe i LF , 5.00 I I ---- ---.--- I 56 Cleaning 66" Gravity Pipe ',LF 5.00 1 ------------ 57 Cleaning 72" Gravity Pipe j~__~__--1____ 7.00__ Sanitary Sewer Pipe Heavy Cleaning : -I 1-------- , 42.A Cleaning 6" Gravity Pipe , LF i 2.50 43.A Cleaning 8" Gravity Pipe :--LF --t 2~50- ---- _ B___ ----f-- - - - - --------- - 44.A Cleaning 10" Gravity Pipe LF 1-___2.50___ 45.A Cleaning 12" Gravity Pipe ; LF 1__3.50 46.A Cleaning 15" Gravity Pipe \ LF \ 3.50 -- I I --------.------- 47.A Cleaning 18" Gravity Pipe i LF ' 4.00 ~ --~ "------_.. 48.A Cleaning 21" Gravity Pipe i LF l--_4~_~___ _ 49.A Cleaning 24" Gravity Pipe i LF I 5.00 , i ------,--- 50.A Cleaning 30" Gravity Pipe I L! i_5_:...0_~___ 51 .A Cleaning 36" Gravity Pipe I LF I 0_:..00 _ 52.A Cleaning 42" Gravity Pipe i ~F : ___.5.:..0~__ 53. A Cleaning 48" Gravity Pipe . L.r-- " a.oo I --- 54.A Cleaning 54" Gravity Pipe , 9_00 55.A Cleaning 60" Gravity Pipe LF . '000 , H_ ____ ! -------- -__ ,,______ 56.A Cleaning 66" Gravity Pipe : Lr- '____000 fI'!I"" 57.A Cleaning 72" Gravity Pipe ____I_-LF.-~-----r- 5-00-- COMPANY AUI, LLC DATE 7/16/08 RFP 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures - Price Proposal Submittal - Revised 1 .. \ Debris disposal if required by Contractor Cubic Yard 25.00 59 CCTV 6" Gravity Pipe LF 2.00 "....60 CCTV 8" Gravity Pipe LF 1.25 61 CCTV 10" Gravity Pipe LF 1.25 62 CCTV 12" Gravity Pipe LF 1.25 63 CCTV 15" Gravity Pipe LF 1.25 64 CCTV 18" Gravity Pipe LF 1.75 65 CCTV 21" Gravity Pipe LF 1.75 66 CCTV 24" Gravity Pipe LF 2.25 67 CCTV 30" Gravity Pipe LF 2.25 68 CCTV 36" Gravity Pipe LF 3.00 69 CCTV 42" Gravity Pipe LF 3.00 70 CCTV 48" Gravity Pipe LF 3.50 71 CCTV 54" Gravity Pipe LF 3.50 72 CCTV 60" Gravity Pipe LF 4.00 73 CCTV 66" Gravity Pipe LF 5.00 74 CCTV 72" Gravity Pipe LF 6.00 .- 75 Sonar 21" Gravity Pipe LF 4.50 .ff:" 76 Sonar 24" Gravity Pipe LF 4.50 77 Sonar 30" Gravity Pipe LF 4.50 78 Sonar 36" Gravity Pipe LF 4.50 79 Sonar 42" Gravity Pipe LF 5.00 80 Sonar 48" Gravity Pipe LF 5.00 81 Sonar 54" Gravity Pipe LF 6.00 82 Sonar 60" Gravity Pipe LF 7.00 83 Sonar 66" Gravity Pipe LF 8.00 84 Sonar 72" Gravity Pipe LF 8.00 Additional Services 85 Pump Station, Wet-Well Catch-Basin Cleaning HR 175.00 Debris disposal if required by Contractor Cubic Yard 50.00 By-Pass Pumping 86 4 Inch pump Setup Each 10.00 "."'" Maintenance Hour 100.00 COMPANY AUI, LLC DATE 7/16/08 RFP 2008-23 - Cleaning and Evaluation of Storm and SanilalY Lines and Structures - Price Proposal Submittal - Revised 4 , i - --_.~---~ 87 6 Inch Pump I Setup Each 1.--....--. I i 25.0f ! Maintenance Hour ! 200:00 - I .~--~".> 88 8 Inch Pump I ,. i -~~ Setup Each i 100.00 I ...._- Maintenance Hour 500.00 , "-------.-. 89 12 Inch Pump I I - Setup Each 100.00 I -- Maintenance Hour i 700.00 ------...--. .,.- Root Cutting I ..- 90 Root Cutting 6" Pipe LF 1.00 91 Root Cutting 8" Pipe LF 0.50 -- 92 Root Cutting 10" Pipe LF 0.50 93 Root Cutting 12" Pipe LF I 1.00 I -~ 94 Root Cutting 15" Pipe LF I 1.00 95 Root Cutting 18" Pipe LF I 2.00 i 96 Root Cutting 21" Pipe LF i 2.00 i ---., 97 Root Cutting 24" Pipe LF I 2.00 98 Root Cutting 30" Pipe LF 4.00 ~ 99 Root Cutting 36" Pipe LF , 4.00 " 100 Root Cutting 42" Pipe LF 4.00 --~ 101 Root Cutting 48" Pipe LF 4.00 102 Root Cutting 54" Pipe LF I 4.00 .., 103 Root Cutting 60" Pipe LF 4.00 104 Manhole/Structure Inspection EA 60.00 105 Smoke Testing LF ! 0.50 106 Traffic Control Lump Sum 50.00 ---.-., Laterals i 107 I nspection from clean out EA 1 150.00 i ! -' 108 Inspection from main EA 350.00 ! --~"- Mechanical cleaningltuberculation removal i 109 8" - 21" LF i 20.00 I 110 24" - 54" LF 20.00 , -- _.'"--, Per 35.00 111 Manhole Mapping and Mapping Update i Manhole I Per I Manhole 35.00 112 Survey Grade GPS i I - - (!". COMPANY AUI, LLC DATE 7/16/08 RFP 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures - Price Proposal Submittal - Revised 5 t L , Per 0.50 113 Manhole ViewinQ, Simplified Spreadsheet Report Manhole Per pipe 0.25 ..- 114 Pipe Segment Video Viewino, Diagnosis, Ratino. and Rankino segment t"'" Per pipe 115 Pioe Segment Video Viewino, Simplified Soreadsheet Form segment 0.25 11 6 Evaluation of Existing CCTV Inspection Tapes Per foot 0.50 per meter 1,000.00 117 Wastewater Flow Monitorino week Per pipe 1.00 118 Rainfall Monitorino Meter segment Per pipe 100.00 119 Flow Isolation (Weirino) segment 120 Dye Testing Each 75.00 121 Dye Flooding Each 125.00 122 Writing Reports HR 100.00 123 Engineering Services- as needed HR 125.00 * Items 2.A to 16.A alld items 42.A to 57.A have been added to accommodate pricing/or heavy cleaning Acknowledgement is hereby made of the following Addenda received since issuance of Specifications: Addendum No.1 Dated: 6/27/08 Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: .""' Addendum No. Dated: Addendum No. Dated: Name of Proposer's Contact Person: Gordon Marshall Address: 304 East Lambrioht Street. Tampa, FL 33604 Phone Number: 770.317.1600 Fax Number: 931.372.2500 The hereby undersigned representative submits this proposal and certifies that they are an authorized representative of the proposer who may legally bind the proposer: 'SIGNATURE;. .l~jff~ Name: Gordon Marshall Title: SO Manaaer - Pn'nled Company: AU/. LLC Address:222 W. SprinQ St. - Legally registered name City: Cookeville State: TN Zip: 38501 - Telephone No: 931.372.8500 Fax No: 931.372.2500 Federal 10 No. 743103175 ... "'Failure to affix signature may result in disqualification of proposal. RFP 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures - Price Proposal Submittal- Revised 6 ..~ 222 W. Sprirlg St Cookeville, TN 38501 931.372.8500 phone ~ 931 372.2500 f~)( 7540 103rd SL SUite 11G ~ Jack.sonville. FL 32210 904.778.1119 phone 904 778.1027 f~)( 23 September 2008 Mr. Anthony Lombardi Utilities Maintenance Manager 124 E. Woolbright Road Boynton Beach, FL 33435 Re: Boynton Beach 1/1 Program Phase IV Dear Mr. Lombardi, AUI, LLC is pleased to extend the prices from our contract with the Town of Palm Beach (RFP 2008-23) to the City of Boynton Beach. I have also attached a proposed price list for the sanitary and storm work to be in done in Phase IV which totals $566,164.88. Please do not hesitate to call me if you have any questions regarding the documents at 904-502-2015. We look forward to assisting the City of Boynton Beach in its endeavors. Thank you, Nicole Little TOWN OF PALM BEACH Plln.:hasing Dcpanment August 28, 2008 AUI, LLC Attn: Gordon Marshall 304 East Lambright Street Tampa, FL 33604 Subject: RFP No. 2008-23 - "Cleaning and Evaluating Storm and Sanitary Lines and Structures" Dear Mr. Marshall: Your firm was recommended for award by our Selection Committee to provide cleaning and evaluation of storm and sanitary lines and structures for the Town of Palm Beach pursuant to the above referenced RFP. The Town Council approved the recommendation of award at its meeting on August 12, 2008. Larry Plympton, Water Resources Manager will be the contact person for coordination of these services. You may contact Mr. Plympton at 561-227-7019. Thank you for your interest in doing business with the Town of Palm Beach. We look forward to working with your company. Best regards, Of~af.~ Lynda S. Venne, CPPS Purchasing Agent Cc: File: RFP No. 2008-23 Larry Plympton, Water Resources Manager Eric Brown, Assistant Public Works Director Paul Brazil, Public Works Director Jane Struder, Finance Director John Randolph, Town Attorney 951 Old Okecchohcc Road. Suilc D . West Palm Beach. Florida 3340 I . (561) 8::18-5406 . Pax (561) R.35-46i\X Wcbsilc: www.lowllorpalmhcach.coIn . E-mail: purchasing@towl1\lfpalmbeach.clllll @!\ECVCLEDPAP." 1 ~~Q'~. n--;\ T . .-\-y;' _ " ~ $\ <, \;~ ;: \ ':~:.:,<; ".'_) 1: ,~-t. \ ~ '\ ;J-,.c."L~,:L~:l (;. \D I "" i -~ ~ ,""""" ' , ~ "'''' .. \ ~ . .' '~\\ Ii' '. ;...c-- 1.......\. 1.,. ~ · , \ \ II -" \~-~ \.' \ .~f\\ .;.;. ,;'\ ",0'."- -fw.,.-j'r'..'- I ." ' ".~.. . . 'A. \ \ &~ ~~ ~ \-, \.. .\. ~'... "..J;.."," ,,,,l , f,\ f t\ \ \ ~ \"l"'~ _ \ _,,,- ~~.t."':..:j. . "'" ,,', " , If- \' ...,:;,..~ ~ ~ ..,\~. ~~ ,0 \ .. ..~'.l"'i'. i 'i\ "i!.\ ,.. '-;,.\} . .. .. , ,,~ ." .,.' '" ' "\ .r;;; ~..,~a\ -'.~:.......,. ... . 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VI.-CONSENT AGENDA ITEM C.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 0 c;.:::if co =i"'< <:) -<0 n ('")." -f I r-CJ:l r'I1o (".) ::0 -< Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turne~Z Meetine Dates in to CilY Clerk's Office Meeting Dates in to City Clerk's O~ u3 c: _ 0% 0 [gJ October 21. 2008 o " August 19,2008 August 4. 2008 (Noon) October 6,2008 (Noon)" """E U1 M' 0 o November 5, 2008 -.I Me:-., September 2, 2008 August 18, 2008 (Noon) October 20, 2008 (Noon) :i: 0 September] 6, 2008 September 2,2008 (Noon) o November 18. 2008 November 3, 2008 (Noon) 0 October 7, 2008 September 15, 2008 (Noon) 0 December 2, 2008 November 17, 2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NA TURE 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 RECOMMENDA nON: Approve resolution No, 08_ amending The City of Boynton Beach, Florida, Deferred Compensation Plans administered by Nationwide Retirement Solutions (NRS) and lCMA Retirement Corporation (lCMA/RC) to allow eligible plan participants the ability to borrow funds trom their plan account balance, EXPLANA TION: Resolution No, 82-C dated January 5. 1982, established deferred 457 (b) compensation plans for voluntary participation of all for eligible City employees, elected officials and independent contractors. Recently issued proposed regulations under Internal Revenue Code Section 457 provide that eligible governmental 457 (b) plans may permit loans to Participants, The advantage of providing a loan option as a benefit to employees is that participants will be able to have tax tree access to their funds while working. A disadvantage is that employees may have smaller account balances if they take out loans because loan funds will not earn investment returns while outside ofthe market. The participant will be required to take a loan before taking an emergency withdrawal. If a participant defaults on the loan. then the loan is reported as income and the outstanding loan balance would be taxed, To establish the loan provision NRS, the third party administrator of the plan, requires that in addition to the resolution, two (2) documents are signed to offer this provision as follows: . Exhibit #1, The United States Conference of Mayors Deferred Compensation Program, Participant Loan Administrative Procedures . Exhibit #2, The United States Conference of Mayors Deferred Compensation Program, The Deferred Compensation Plan for Public Employees Loans to Participants Amendment to Plan document To establish the loan provision ICMA/RC, the third party administrator of the Plan, requires that in addition to the resolution two (2) documents are signed to offer this provision as follows: . Exhibit #3, Loan Guidelines Agreement for a Retirement Plan . Exhibit #4, Loan Administration Agreement for Section 457 Deferred Compensation Plans S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: Highlights of the proposed loan provision include: . Participants are eligible to one (l) outstanding loan at a time. . A loan may only be granted two (2) times in a twelve (I2l month period, . Participants may access their 457 (b) account without triggering a taxable event (unless the loan is not paid back). . Loan payments will be made directly to the third party administrators at NCR or ICMA/RC by the participant. There will be no payroll deductions via employee's paycheck. . Participants may only borrow 50% of their vested account balance. . The minimum loan amount is $1,000 and the maximum loan amount is $50,000. . Loan terms are a maximum of five (5) years or fifteen (15) years for the purchase of a principal residence. . Fees, rates and minimums may be changed by the third part administrator with prior notice to the City, . The interest rate for the loans is established by the third party administrator. FISCAL IMP ACT: There is no cost to the City to offer an optional loan benefit to participants, NRS and ICMA/RC will provide administration, Loan payments would be made directly to them by the employee, There will be minimal administrative involvement by the City as Plan Sponsor ALTERN A TlVES: Do not amend the The City of Boynton Beach, FL deferred compensation plans to permit the benefit of optional participant loans, Many employees are in financial need and they would have to either take a loan from a financial institution at a higher interest rate, or withdraw funds from their 475 (b) as a hardship and pay taxes and a penalty, ). CO ~Jf .J ~1" ~~Ll~fi~-e--~ Ilk City Manager's Signature Assistant to City Manager _" C;wt-- Human Resources Department Name City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC I I 1 2 RESOLUTION NO, R08- 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING AND 7 AUTHORIZING THE CITY MANAGER EXECUTE THE 8 NECESSARY DOCUMENTS TO THE DEFERRED 9 COMPENSATION PLANS ADMINISTERED BY 10 NA TIONWIDE RETIREMENT SOLUTIONS AND ICMA II RETIREMENT CORPORATION TO ALLOW ELIGIBLE 12 PLAN P ARTICIP ANTS TO BORROW FUNDS FROM 13 THEIR PLAN ACCOUNT BALANCE; AND PROVIDING 14 AN EFFECTIVE DATE. 15 16 17 WHEREAS, the City Commission of the City of Boynton Beach, upon 18 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 19 City of Boynton Beach to approve and authorize the City Manager to execute the necessary 20 documents to the deferred compensation plans administered by Nationwide Retirement 2I Solutions and lCMA Retirement Corporation to allow eligible plan participants to borrow 22 funds from their plan account balance. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1, The foregoing "Whereas" clauses are hereby ratified and confirmed 26 as being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. Upon recommendation of staff, the City Commission of the City of 29 Boynton Beach, Florida does hereby approve and authorize the City Manager to execute the 30 necessary documents to the deferred compensation plans administered by Nationwide S:\CA\RESO\Deferred Compensation Plan amendment.doc - I - ] Retirement Solutions and ICMA Retirement Corporation to allow eligihle plan partiCIpants ]( 2 borrow funds from their plan account balance. copies of which are attached hereto a~ 3 Composite Exhibit "A", 4 Section 3, That this Resolution shall become effective immediately upon passage, 5 PASSED AND ADOPTED this day of October. 2008, ----- 6 7 CITY OF BOYNTON BEACH. FLORIDA 8 9 ---_._,---------~--~---- -.'-- -- 10 Mayor -- Jerry Taylor I] 12 --.. --~- -._- 13 Vice Mayor -- Jose Rodriguez 14 15 16 Commissioner - Ronald Weiland 17 18 ------ -.----.------- 19 Commissioner - Woodrow L. Hay 20 21 --~._.~ - --- ---- ')') Commissioner - Marlene Ross 23 24 ATTEST: 25 26 n ----- 28 Janet M, Prainito. CMC 29 City Clerk 30 31 '') ( Corporate Seal) -'- '" .J.J S:\CA\RESO\Deferred Compensation Plan amendment.doc - , - - '" EXHIBIT ~ i I Q "" 0 z w THE UNITED STATES CONFERENCE OF MAYORS "- DEFERRED COMPENSATION PROGRAM PARTICIPANT LOAN ADMINISTRATIVE PROCEDURES Nationwide Retirement Solutions, Inc. ("NRS"), as Third Party Administrator of the United States Conference of Mayors Deferred Compensation Program, administers your Deferred Compensation Plan for Public Employees ("Plan"). Recently issued proposed regulations under Internal Revenue Code Section 457 provide that eligible governmental 457(b) plans may permit loans to Participants, NRS recommends that you, as Plan Sponsor and/or Employer (hereinafter collectively referred to as "Plan Sponsor"), consult with your own legal advisor in determining whether you wish to add this optional feature to your Plan. In the event that you decide to offer loans from your Plan to Participants, you will need to return to NRS at Nationwide Retirement Solutions, PO Box 182797, Columbus, OH 43272.8450 Attn: Loans Administrator a fully executed original of this document and a fully executed original of the enclosed Plan Document Amendment. NRS cannot begin processing Participant loans from your Plan until it receives fully executed originals of both of these documents, NRS may need from time-to-time to make changes to the administrative procedures set forth herein and in the Plan Document Amendment. In such a case, NRS will provide you with timely notice of such changes as they become necessary. The following administrative procedures shall govern the making of loans from your Plan: 1, Loan Administration. Plan Sponsor delegates to NRS certain administrative duties regarding the administration of loans from the Plan, which are set forth herein and which may be modified by NRS upon timely notice to Plan Sponsor. 2. Loan Eligibility. Any Participant in the Plan is eligible to receive a loan from the Plan. Each Participant is entitled to one (1) loan at any time. In addition, a Participant who has defaulted on a previous loan shall not be eligible for another loan from the Plan until all defaulted loans are repaid in full, including accrued interest and fees. 3, Loan Application and Loan Agreement. In order to receive a loan from the Plan, an eligible Participant must complete a loan application and return it to NRS. A loan application fee of $50.00* will be deducted from the Participant's account(s). Before a loan is issued, the Participant must enter into a legally enforceable loan agreement as provided by NRS. If the Plan Sponsor permits loans for the purchase of the Participant's principal residence, the Participant will be required to sign a Primary Residence Certificate form and provide NRS with a copy of the contract or other documents relating to the acquisition of the dwelling unit. If the source for a single loan includes both the Participant's Deferred Compensation and Eligible Rollover Accounts, the Participant will be required to complete a loan application and loan agreement for each account which will be treated as separate and distinct for all purposes herein except that they will be considered a single loan for purposes of Sections 2, 6 and 10 herein. 4. Loan Repayment/Maximum Loan Term. Repayment of any loan made to a Participant shall be made in a manner and pursuant to the terms set forth in the loan agreement. The Participant receiving a loan shall be required to furnish the information and authorization necessary to effectuate the foregoing payments prior to the commencement of a loan. The maximum term over which a loan may be repaid is five (5) years (fifteen (15) years if the Plan Sponsor permits loans for the purchase of the Participant's principal residence). *These fees, rates, and minimums are subject to change by NRS upon reasonable notice to Plan Sponsor. Loan fees will appear as administrative charges on Participant Statements. In the event that a Participant elects to receive a distribution from the Plan (other than a distribution due tc an unforeseeable emergency or other in-service withdrawal) at a time when such person has a Pian loan outstanding, the principal and any accrued interest with respect to such loan shall be taxable 5, Loan Amortization, Each loan shall be amortized in substantially equal payments consisting of principal and interest during the term of the loan. Payments of principal and interest shall be made in a manner and pursuant to the terms set forth in the loan agreement on a monthly basis in equal amounts, except that the amount of the final payment may be higher or lower. Before the loan is made, the Participant will be notified of the date on which the first payment will be deducted and the dates on which subsequent payments are due, 6, Loan Frequency/Renegotiations, Each Participant may have only one (1) Plan loan outstanding at any given time, A Plan loan which is in default, even if the defaulted loan was treated as a "deemed distribution" under federal regulations, shall be treated as an outstanding loan until such Participant's account balance is offset by the amount of principal and accrued interest under the loan, A Participant will be granted a loan no more frequently than two (2) times in any twelve (12) month period, Under no circumstances may loan terms be renegotiated, A new loan shall not be granted prior to the repayment of an outstanding loan, 7, Default. The Participant must pay the full amount of each payment (principal and interest) on the date that it is due by having sufficient funds in the account designated for loan payments through the ACH process, If NRS is unable to process a payment on the date due because the Participant fails to have sufficient funds in the account on that date, NRS will assess a fee of $25,00 that will be deducted from Participant account(s) and will send written notification to the Participant. The Participant shall be in default for the entire amount of the loan UNLESS the Participant does each of the following: 1) contacts NRS at the Deferred Compensation Service Center, 2) mutually agrees with NRS on a date, which is within 30 days of the missed payment on which funds sufficient to cover the missed payment will be in the account and; 3) actually pays the missed payments, Failure to make such a payment through mutually agreeable terms shall cause the Participant to be in default for the entire amount of the loan. The loan also shall be defaulted upon the death of the Participant or if the Participant commences or has commenced against Participant a bankruptcy case, No additional loans shall be made to a Participant who has defaulted on a Plan loan and who has not repaid all defaulted loans in full, including accrued interest and fees, 8, Loan Prepayment. The entire amount of a loan, including outstanding principal and any accrued interest, may be paid without penalty prior to the end of the term of the loan in the manner prescribed by NRS. However, payments made that are less than the remaining principal amount of the loan and any accrued interest with respect to the loan, or which are not paid in the form prescribed by NRS, are not permitted. 9, Loan Security, By accepting a loan, the Participant is giving a security interest in his or her vested Plan balance as of the date of the Loan Process Date, together with all additions thereof, to the Plan that shall at all times be equal to 100% of the unpaid principal balance of the loan together with accrued interest. 10. Maximum/Minimum Loan Amount. The maximum amount of any loan permitted under the Plan is the lesser of (i) 50% of the Participant's vested account balance (not including any value attributable to applicable life insurance or deemed IRA account) less any outstanding loan balances under the Plan or (ii) $50,000 less the highest outstanding loan balance during the preceding one-year period, The minimum loan amount permitted is $1.000.00*, Loans shall be made in accordance with these limits and those limits imposed under federal regulations without regard to any other loans received by the Participant from any other investment provider under the Plan or any other plans of the employer. The Participant and not NRf shall remain at all times responsible for ensuring that any loan received under the Plan is in accordance wiU, these limits with regard to any other loans received by the Participant under any other plans of the *These fees, rates, and minimums are subject to change by NRS upon reasonable notice to Plan Sponsor. Loan fees will appear as administrative charges on Participant Statements, Participant's employer. Any tax reporting required as a result of the receipt by a Participant of a loan that exceeds the limits imposed by federal regulations shall not be the responsibility of NRS, unless it is determined that such limits were exceeded solely as a result of a loan made through NRS as service provider. Consequently, NRS shall not be required to account for loans made pursuant to a plan other than this Plan or loans made under this Plan that are made by an investment provider other than Nationwide Life Insurance Company. 11, Suspension of Loan Payments. NRS may suspend a Participant's obligation to repay any loan under the Plan during the period in which the Participant is performing service in the uniformed services as may be required by law. At the expiration of any suspension of loan payments period, the outstanding loan balance, including any accrued interest and fees, will be re-amortized and the Participant will be required to execute an amended Loan Agreement. 12, Loan Interest Rate. The interest rate for any loan shall be established by NRS. These interest rates shall commensurate with interest rates being charged by entities in the business of lending money under similar circumstances. Generally, the rate assumed will be Prime Rate + 1.00%*. The Prime Rate shall be the prime rate published by the Wall Street Journal two weeks prior to the end of the most recent calendar-year quarter. NRS may adjust the loan interest rate for loans to Participants entering active duty in the military services as may be required by law. 13. Annual Loan Maintenance and Asset Fees. An annual loan maintenance fee of $50.00* will also be deducted from the Participant's account until the loan is repaid in full. The amount of the outstanding loan balance will be subject to the maximum Variable Account Annual Expense Fee applicable under the Plan at the time the loan is issued. 14, Loan Default Fee. At the time when a default occurs, a $50.00* loan default fee will be deducted from the Participant's account. This charge will only affect Participants who fail to make a required loan payment. 15. Loans for the Purchase of a Principal Residence. All loans issued by the Plan will be general loans to be repaid in five (5) years unless the Plan Sponsor affirmatively elects to offer loans for the purchase of the Participant's principal residence, which may be repaid in fifteen (15) years. Such loans shall be solely secured by the Participant's vested account balance. All administrative procedures set forth herein shall apply to such loans. If the Plan Sponsor elects to permit loans for the purchase of the Participant's principal residence, please check this box. 0 The undersigned Plan Sponsor hereby adopts these Participant Loan Administrative Procedures, effective for loans issued on or after the effective date set forth in the Loans to Participants Amendment to Plan Document, and instructs NRS to administer loans made to Plan Participants in accordance with these terms. The Plan Sponsor acknowledges the following: (i) that the Plan Sponsor has decided to offer loans under the Plan and is instructing NRS to administers loans under the Plan; (ii) that it understands that, as a result of offering loans under the Plan, the Plan Sponsor, its Participants, and/or the Plan could be subject to adverse tax consequences; (Hi) that the Plan Sponsor has independently weighed this risk and has determined that offering loans under the Plan is in the best interest of the Plan Sponsor, its Participants, and the Plan; and (iv) NRS shall not be liable for any adverse tax consequences described in (ii), except as specifically stated under paragraph 10 herein, resulting from the Plan Sponsor's decision to offer loans under the Plan. *These fees, rates, and minimums are subject to change by NRS upon reasonable notice to Plan Sponsor. Loan fees will appear as administrative charges on Participant Statements. Plan Sponsor or Employer: Street Address: City, State, Zip Code: Plan Name: Entity No,: By: Title: E-mail Address: Date: *These fees, rates, and minimums are subject to change by NRS upon reasonable notice to Plan Sponsor. Loan fees will appear as administrative charges on Participant Statements, i EXHIBIT ~ ~ ~ ~ z w "- THE UNITED STATES CONFERENCE OF MAYORS DEFERRED COMPENSATION PROGRAM THE DEFERRED COMPENSATION PLAN FOR PUBLIC EMPLOYEES LOANS TO PARTICIPANTS AMENDMENT TO PLAN DOCUMENT WHEREAS, PLAN SPONSOR executed the above referenced Plan Document, as amended: and WHEREAS, effective , PLAN SPONSOR now desires to further amend the plan document. The following Section 8.06 is hereby added: 8.06 Loans to PARTICIPANTS (a) PLAN SPONSOR has elected to make loans available to PARTICIPANTS and has delegated certain administrative duties regarding loans from the PLAN to the ADMINISTRATOR. (b) Any loan by the PLAN to a PARTICIPANT under this Section shall be subject to the loan administrative procedures established by the ADMINISTRATOR as well as the following requirements: (i) Loan Eligibility. Any PARTICIPANT may apply for a loan from the PLAN. A PARTICIPANT who has defaulted on a previous loan from the PLAN shall not be eligible for another loan from the PLAN until all defaulted loans are repaid in full, including accrued interest and fees. (ii) Loan Application and Loan Agreement. A P ARTICIP ANT must complete and return to ADMINISTRATOR a loan application. A non- refundable application fee established by ADMINISTRATOR will be deducted from the P ARTICIP ANT'S ACCOUNT(s) at the time of loan origination. Before a loan is issued, the PAR TICIP ANT must enter into a legally enforceable loan agreement as provided for by the ADMINISTRATOR. (iii) Loan Repayment. The PARTICIPANT receiving a loan shall be required to furnish to ADMINISTRATOR any information and authorization necessary to effectuate repayment of the loan prior to the commencement of a loan. In the event that a payment cannot be processed because of lack of sufficient funds, the ADMINISTRATOR shall assess an insufficient funds charge, which will be deducted from the P ARTICIP ANT'S ACCOUNT(s). 1 (iv) Loan Term and Interest Rate. The maximum term over whIch a loan may be repaid is five (5) years (fifteen (15) years if the PLAN SPONSOR permits loans for the purchase of a PAR TICIP ANT'S principal residence), Each loan shall be amortized in substantially equal payments consisting of principal and interest during the term of the loan, except that the amount of the final payment may be higher or lower. The ADMINISTRATOR shall establish the interest rate for any loan. (v) Loan Frequency. Each Participant may have only one (1) PLAN loan outstanding at any given time. A PLAN loan which is in default, even if the defaulted loan was treated as a "deemed distribution" under federal regulations, shall be treated as an outstanding loan until such PARTICIPANT'S account balance is offset by the amount of principal and accrued interest under the loan, A PAR TICIP ANT will be granted a loan no more frequently than two (2) times in any twelve (12) month period. (vi) Default. The P ARTICIP ANT must pay the full amount of each loan payment (principal and interest) on the date that it is due. Failure to make such a payment by the due date, or within any cure period established by the ADMINISTRATOR, shall cause the PAR TICIP ANT to be in default for the entire amount of the loan, including any accrued interest. A loan will also be in default if the PARTICIPANT either refuses to execute, revoke, or rescind any agreement necessary to comply with the provisions of this Section or the loan administrative procedures established by the ADMINISTRATOR, commences or has commenced against PAR TICIP ANT a bankruptcy case, or upon the death of the PARTICIPANT. (vii) Loan Security. By accepting a loan, the P ARTICIP ANT is giving a security interest in their vested PLAN balance as of the loan process date, together with all additions thereof, to the PLAN that shall at all times be equal to 100% of the unpaid principal balance of the loan together with accrued interest. (viii) Loan Amount. The maximum amount of any loan permitted under the PLAN is the lesser of (i) 50% of the PARTICIPANT'S vested account balance less any outstanding loan balances under the PLAN or (ii) $50,000 less the highest outstanding loan balance during the preceding one-year period. The ADMINISTRATOR shall establish the minimum loan amount. The PARTICIPANT and not the ADMINISTRATOR shall at all times remain responsible for ensuring 2 that any loan received under the PLAN is in accordance with these limits with regard to any other loans received by the PARTICIPANT under any other plans of the PAR TICIP ANT's employer. (ix) Loan Maintenance Fee. Until a loan is repaid in full, an annual loan maintenance fee established by ADMINISTRATOR will be deducted from the PARTICIPANT'S ACCOUNT(s). (x) Loan Default Fee. At the time when a default occurs, a loan default fee established by ADMINIST A TOR will be deducted from the PARTICIPANT'S ACCOUNT(s). (c) The ADMINISTRATOR shall fix such other terms and conditions necessary to the administrative maintenance of the provisions of this Section and as necessary to comply with the IRC and regulations there under. IN WITNESS WHEREOF, the undersigned has executed this Amendment this day of ,20_ (Name of PLAN SPONSOR) By: 3 ~ EXHIBIT 'l' ! o _~.".""L.:::"'__<_."".~'"'_'___" "" (!) z w "- LOAN GUIDELINES AGREEMENT FOR A RETIREMENT PLAN \ ICMARC Building Retirement Security ICMA-RC INSTRUCTIONS (Please refer to the previous section, "A Guide to Implementing a Loan Program") These Loan Guidelines must be completed before loans can be made from your retirement plan. You should consider each option carefully before making your selections because your selections will apply to all loans made while the selection is in effect. If you later change any provision, the changes will apply only to loans made after the change is adopted, Loans in existence at the time of any futute changes will continue to operate under the guidelines that were in effect at the time the loan was originally made, Note: IfIoans are available to your employees from other plans (e,g, other Section 457 deferred compensation plans or other Sec- tion 401 plans), calculation of the maximum loan amount must consider the aggregate of all loans from all 40 1 and 457 plans in which the employee participates. See the Maximum Loan Amount Worksheet on page 7 of A Guide to Implementing a Loan Program, found in this packet. 2 [1/1/. '-llllan'lIlt' /'l(rn'tNti' Name of Plan (please state the Employer's complete name, including state): --.-. ... -"'-'-'"-"'.'-'-"'-" Plan Type: o 401 (a) Money Purchase Plan o 40] Profit-Sharing Plan o 457 Deferred CompensatIOn Plan ICMA-RC Plan Number: I. Purpose The purpose of these guidelines is ro establish the terms alld conditions under which the Employer will grant loans to partiCipant.,. .This is the only official Loan Provision Document of the above named Plan, II. Eligibility Loans are available to all active employees. Loans will not be granted to participants who have an existing loan in default. Loans will be pro-rated among all the funds in which the participant is invested at the time the loan is made, For 401 plans only: Loans are available from the following sources: [seleer one or both] o Employer Contribution Account (vested balances only) 0 Participant Contriburion Accounts (pre- and post-tax, if applicable, including Employee Mandarory, Employee Voluntary. Employer Rollover, and Portable Benefits Accounts, but excluding the Deductible Employee Contribution/Qualified Volun- tary Employee Contribution Account) For 011 plan types: Loans are available for the following purposes: [select one] o All purposes o Loans shall only be granted in the event of a participant's hardship or for the purpose ot enabling a participant to meet certain specified financial situations, The employer shall approve the participant's loan application after determining, based on all relevant facts and circumstances, that the amount of the loan is not in excess of the amount required ro relieve the ii- nancial need. For this purpose, financial need shall include, but nOI be limited 10: unreimbursed medical expenses of the p.u- licipant or members of the participant's immediate family, establishing or substantially rehabilitating the principal residence of the participant, or paying for a college educalion (including graduate sludies) for the participanr or his/her dependents III. Frequency of loans [select one] 0 Participants may receive one loan per calendar year. Moreover, participants may have only one (1) outstanding loan at ~l lime o Participants may receive one loan per calendar year. Moreover, no participant may have more than five (5) loans outstanding at one nme. 3 ICMA-RC IV. Loan amount The minimum loan amount is $1,000, The maximum amount of all loans to the participant from the plan and all other plans sponsored by the Employer that are qualified employer plans under section 72(p) (4) of the Code is the lesser of: (1) $50,000, reduced by the highest outstanding balance of all loans from any 401 or 457 plans for that participant during the one-year period ending on the day before the date a loan is to be made, or (2) one half of the participant's vested account balance, reduced by the current outstanding balance of all 401 and 457 loans from all plans for that participant. If a participant has any loans outstanding at the time a new loan is requested, the new loan will be limited to the maximum amount calcu- lated above reduced by the rotal of the outstanding loans, A loan cannot be issued for more than the above amount. The participant's requested loan amount is subject to downward adjustment without notice due to market fluctuation between the time of application and the time the loan is made, V. Length of loan A loan must be repaid in substantially equal installments of principal and interest, at least monthly, over a period that does not exceed five (5) years, Loans for a principal residence must be repaid in substantially equal installments of principal and interest, at least monthly, over a period that does not exceed [state number of years] years (maximum 30 years). VI. Loan repayment process Loan repayments for acrive employees must be through (choose one): 0 Payroll deduction only. PL642(2) ; 2 0 ACH debit only, PL642(2) ; 0 0 Employee may choose either payroll deduction or ACH debit. PL642(2) ; 1 If payroll deduction repayment is allowed, and the employee wishes to use this merhod. the employee must notify the Employer so that the Employer can ensure rhat repayment will begin as soon as practicable on a date determined by the Employer's payroll cycle. Failure to begin payroll deduction in a timely way could lead to the employee's loan entering delinquency status, Payroll deduction should begin within two payroll cycles following the employee's receipt of the loan. Repayments through payroll deduction will be sent via check or wire by the Employer to ICMA-RC on the following cycle (choose one): 0 Weekly (52 per year) 0 Bi-weekly (26 per year) 0 Semi-monthly (24 per year) 0 Monthly (12 per year) If ACH debit repayment is allowed, debits from the employee's designated bank account will begin approximately one month fol- lowing the date the employee's signed ACH authorization form is received and processed by ICMA-RC, or. in the case of online loans, approximately one month following the date the loan check has been cleared for payment. Debits will normally be made on a monthly basis. 4 Jdi, (/'ltld'dnlt", .-h,Jn'{'Jl:'t"f~'; Loam outsranding for former employees or employees un d leave u) absence mllSI be repaid un Ihe same icjleJuie as 11 pal deductions were still being made unless they reamorrrze rhen IUilIl.\ ami esrablish a new repayment schedule tl,a: proVide , "lll: , srantially equal payments are made at least monthl" over rhe lemalnlng period ut lhe loan Loan payments, including loan payments from former emplovees, are allocated to the participant's current election of mvestmen: options on file with ICMA-RC. The participant may payoff all or a portion of the principal and interest early without penalty or additional fee, Exrra pavmenLl are applied forward CO both principal and interest as specified in the original repayment schedule, unless the additional pavmenr IS for the balance due, VII. Loan interest rate The rate of interest for loans of flve (5) years or less will be based on prime plus 0.5%. The rate of interest for loans for a principal residellce will be based on the FHA/VA rate. Interest rates are determined on the last business day of the month preceding the month the loan is disbursed, The interest rate is locked in at the time a loan is approved and remains constallt throughout the life of the loan, The prime interest rate is determined on the last business day of each month using www.nfsn,com as the source. The FHA/\'A interest rate is also determined on the last business day of each month using www/ballkofamerica,com as the source, Loan interest rates for new loans taken in ditTerent months may Hucruate upward or downward monthly, depending on rlw move- ment of the prime and FHA/VA interest rates. The employer may modify the manner in which loan interest rates will be determined, but only with respect to future loan, VIII. Loan application procedure Loans must be requested using the following method (check one): 0 Online only: All loans must be requested online by employees through ICMA-RC's Account Access site at www.icmarc,org. with Employer pre-authorization as outlined in italics below. If an employee is married at the time of application, and spousal consent is required by the Plan for the loan, the emplov- ee's spouse must consent, in writing, to the loan and the consent must be wi messed by a plan representative or notarv public. Such consent must be received in writing by ICMA-RC no more than ninety (90) days before the loan request is submitted through Account Access, The promissory note, truth-in-Iending rescission notice and disclosure statement dre presented to the employee online through Account Access at rhe time the employee submirs the loan request. The employee confirms receipt and acceptance of these documents by clicking on the affirmative bUllons on the Account Access program. The employer hereby authorizes all fUture loans requested through the online process uia Account Access, as well as any request, that employees submit on paper forms, pending reuiew a/the applicatzon by lCMA-RC Notice Of'!O(lfl wuancc will be prOVided to the Employer l'ia reports posted on the EZLmk sill'. The loan amount will generally be redeemed from the employee's dCCOUIll on the same day as the employee's successful submission of the loan request through Account Access, if it is submitted prior to 4:00 p,m, ET on a business da). If nor, the loan amoulll will be redeemed on the next business day following submission, The loan check is generally issued un the next business day followillg redemption, and will be mailed directly to the employee, The employee's presentment 01 the loan check for payment constitutes an acknowledgmelll that the employee has received and read the loan disclosure information provided by ICMA-RC and agrees to the terms therein, Loan repayment will begin as soon as practicable following the employee's presentment of the loan check for payment 5 ICMA-RC 0 Online and through Direct Loan application: All loans must be requested either online by employees through ICMA-RC's Account Access site at www.icmarc.org, or through the Direct Loan application. both of which require pre- authorization by the Employer as outlined in italics below, If an employee is married at the time of applicarion, and spousal consent is required by the Plan for the loan, the employ- ee's spouse must consent, in writing, to the loan and the consent must be witnessed by a plan representative or notary public. Such consent must be received in writing by ICMA-RC no more than ninety (90) days before the loan request is submitted through Account Access, In the case of the Direct Loan Application, spousal consent should be sent along with the application, The promissory note, truth-in-lending rescission notice and disclosure statement are mailed to the employee along with the issued loan check. The employee confirms receipt and acceptance of these documents and terms at the time the en- dorsed check is presented for payment. The Employer hereby authorizes all future loans requested through the online process via Account Access, as well as any requests that employees submit on paper forms, pending review of the application by ICMA -Re. Notice of loan issuance will be provided to the Employer via reports posted on the EZLink site, The loan amount will generally be redeemed from the employee's account on the same day as either ICMA-RC's receipt of a loan application (complete and in good order), or the employee's successful submission of the loan request through Account Access, if it is submitted prior to 4:00 p.m. ET on a business day. If not, the loan amount will be redeemed on the next business day following submission, The loan check is generally issued on the next business day following redemption, and will be mailed directly to the employee. The employee's presentment of the loan check for payment constitutes an ac- knowledgment that the employee has received and read the loan disclosure information provided by ICMA-RC and agrees to the terms therein. Loan repayment will begin as soon as practicable following the employee's presentment of the loan check for payment. 0 Direct Loan application only: All loans must be requested through the Direct Loan application, which requires pre-au- thorization by the Employer as outlined in italics below. If an employee is married ar rhe time of application, and spousal consent is required by the Plan for the loan, the employ- ee's spouse must consent, in writing, to the loan and the consent must be witnessed by a plan representative or notary public, Such consent must be received in writing by ICMA-RC along with the Direct Loan Application, The promissory note, truth-in-Iending rescission notice and disclosure statement are mailed to the employee along with the issued loan check. The employee confirms receipt and acceptance of these documents at the time the endorsed check is presented for payment. The employer hereby authorizes all future loans requested on paper fOrms, pending review of the application by ICMA -Re. Notice of loan issuance will be provided to the Employer via reports posted on the EZLink site, The loan amount will generally be redeemed from the employee's account on the same day as ICMA-RC's receipt of a loan application (complete and in good order). The loan check will generally be issued from the employee's account on the next business day following redemption. The loan check will be mailed directly to the employee. The employee's presentment of the loan check for payment constitutes an acknowledgment that the employee has received and read the loan disclosure information provided by ICMA-RC and agrees to the terms therein. Loan repayment will begin as soon as practicable following the employee's presentment of the loan check for payment, 0 Loan application through the Employer: All loans must be requested in writing on an application approved by the plan administrator, The application must be signed by the participant, The Employer must review and approve each partici- pant's application, 6 i)ltl' i llt/dc/nlt'i .:l,<}L'{'i/.': ),': The panicipanr will be required ro sign a promissory note evidencing the loan and a dlsclosure "tatemenr thar liklillk: an amortization schedule prior ro receiving a loan check. Loan checb will generally be issued on the next busHWs, d,l" following leMA-Res receipr ofa complete Joan applicallon. The loan Lheck, promissory narc" ,iisclosure statemen: ,illl! trllth-in-lending rescission notice will be senr to the employer, who will obtain the necessarv slgnalllres ;U1d deii\ "i ,L check (0 the participant. All executed documents must be returned 10 ICMA-RC withlO ]0 calendar Javs from ::1<. d,iie the check is issued. IX. Security/Collateral That ponion of a participant's account balance rhar is equal to the amount of the loan is used as collaterai tor rhe loan. The col- lateral amount may not exceed 50 percent of the participant's account balance ar rhe rime the loan is raken, Only the portion ot the account-balance rhat corresponds ro the amounr of the outsranding loan balance is used as collareraL X. Acceleration [select one] 0 All loans are due and payable in full upon separation from service. 0 All loans are due and payable when a participant receives a disrriburion of all of his/her account balance afrer separa- tioll from seryice. The amount of the oursranding loan balance will be reported as a disrriburion in addition ro the amounr of cash distributed from the plan. 0 All loans are due and payable when a panicipanr receives a distriburion of part of his/her accounr balance alter separa- tion from service. The amounr of the outstanding luan balance will be reported as a distribution ll1 addition lu the amount of cash distributed from the plan. XI. Reamortization Any outstanding loan may be reamonized, Reamortization means changing rhe terms of a loan, such as length of repayment peri- od, interest rate, and frequency of repayments, A loan may not be reamorrized to extend rhe length of rhe loan repayment period to more rhan five (5) years from the date rhe loan was originally made, or in the case of a loan to secure a principal residence, bevond the number of years specified by the employer in Section V above. A participanr must request the reamortizarion of a loan in wriring on a reamortization application acceptable to the plan admllllS- trawr. Upon processing the request, a new disclosure statemenr will be sellt w the employer for endorsement by the partlcipanr and approval by rhe employer. The executed disclosure statement musr be returned to the plan adminisrrator within] 0 calendar days from rhe dare it is signed, The new disclosure sratemenr is considered an amendment to rhe original promissory nore, rhereFore d new promissory note will not be required, A reamorrizarion will not be considered a new loan for purposes of calcularing the number of loans oursranding or the one Joan per calendar year limit. XII. Refinancing existing loans If a participant has one outstanding loan, thar loan may be rehnanced. If a parricipant has more than one ourstanding loan, [1(, loans may be refinanced. Refinancing means concurrently repaying ,In existing loan and borrowing an addirional amount through a new loan. Refinancing includes any situation in which one loan replaces anorher loan and rhe term of rhe replacemenr loan does nor exceed the latest permissable rerm of rhe replaced loan, In order ro refinance an existlllg loan, a panicipanr must requesr rhis in writing on an application approved by the plan admlllisua- tor. Such request must be made ar a time when the parriLipanr is eligible ro obtain a luan as defined by the employer in Section III above. The amount of rhe additional loan amount requested for rhe purpose of refinancing is subject to the Joan limits speclhed in Section IV above. Because a refinancing is considered a new loan, only active enrployees may rehnance an uutsranding loan. 7 ICMA-RC XIII. Reduction of Loan If a participant dies prior to full repayment of the outstanding loan(s), the outstanding loan balance(s) will be deducted from the account prior to distribution to the beneficiary(ies). The unpaid loan amount is a taxable distribution and may be subject to early withdrawal penalties, The participant's estate is responsible for taxes or penalties on the unpaid loan amount, if any. A beneficiary is responsible for taxes due on the amount he or she receives, A Form 1099 will be issued to both the beneficiary and the estate for these purposes. XIV. Deemed Distribution Loan repayments must be made in accordance with the plan document, plan loan guidelines, and as reflected in the promissory note signed by the participant. If a scheduled payment is not paid within 30, 60, and/or 90 days of the due date, a notice will be sent to both the employee and the employer, A loan will be deemed distributed when a scheduled payment is still unpaid at the end of the calendar quarter following the calen- dar quarter in which the payment was due. If the total amount of any delinquent payment is not received by ICMA-RC by the end of the calendar quarter following the calendar quarter in which they payment was due, the loan is considered a taxable distribution, and the principal balance, in addition to any accrued interest, is reported as a distribution to the IRS, However, no money is paid in this distribution, because the participant already has the loan proceeds, The loan is deemed distributed for tax purposes, but it is not an actual distribution and therefore remains an asset of the partici- pant's account. Interest continues to accrue, The outstanding loan balance and accrued interest are reported on the participant's account statement. Repayment of a deemed distribution will not change or revetse the taxable event. The loan continues to be outstanding, and to accrue interest, until it is repaid or offset using the participant's account balance. An offset can occur only if the participant is eligible to receive a distribution from the plan as outlined in the plan document, Participants are required to repay any outstanding loan which has been deemed distributed before they can be eligible for a new loan, The deemed distribution and any interest accrued since the date it became a taxable event is taken into account when deter- mining the maximum amount available for a new loan. New loans must be repaid through payroll deduction, The employer is obligated by federal regulation to comply with the loan guideline requirements applicable to participant loans, and to ensure againsr deemed distribution by monitoring loan repayments, regardless of the method of repayment, and by advising em- ployees if loans are in danger of being deemed distributed. The tax-qualified status or eligibility of the entire plan may be revoked in cases of frequent repayment delinquency or deemed distribution. XV. Fees Fees may be charged for various services associated with the application for and issuance of loans. All applicable fees will be debited from the participant's account balance and/or from the participant's loan repayments prior to crediting the repayment of principal and interest to the participant's account. A schedule of fees applicable to this plan is specified in ICMA-RC's current publication of Making Sound Investment Decisions: A Retirement Investment Guide, 8 ,J"", ! It(/dt'inl{'~ XVI, Other The employer has the right to set other terms and conditions as j[ deems necessary for loans from the plan In order to complv w1th any legal requirements, All terms and conditions will be administered in a uniform and non-discriminatorv manller. In Witness Whereot: the employer hereby caused these Cuidelines to be executed this -_. Ja\ of ,20 EMPLOYER Accepted: leMA RETIREMENT CORPORATlOr, By: By: Tide: Tide: - ...-..-- Attest: Arrest: 9 . EXHIBIT I ~ ~ - "- LOAN ADMINISTRATION AGREEMENT FOR SEalON 457 DEFERRED COMPENSATION PLANS ICMARC Building Retirement Security ICMA-RC 457 LOAN ADMINISTRATION AGREEMENT This Agreement is not required if you have l)only one 457 plan provider or 2)more than one plan provider each with its own plan document and provisions unique to each provider. The Agreement only applies if you have adopted a single 457 plan document under which ICMA-RC and one or more other provider(s) must operate. Please refeJ ro pages 5-6 of A Guide to Implementing tI Loan Program for more detail:;. This Agreement shall serve as an Addendum to the Loan Guidelines established by the Employer identified below as an Addendum to the Administrative Services Agreement (ASA) made by and between the ICMA Retirement Corpora- tion (ICMA-RC) and the Employer. The Employer currently sponsors a section 457 deferred compensation plan administered by two or more providers (co-provider plan), In order to ensure the efficiem administration of the loan program established by the Employer, the Employer hereby agrees and declares that (1) For purposes of issuing loans from the plan. that portion of the plan's assets administered by ICMA-RC will be treated as though it were a separate and distinct plan, (2) The Employer shall calculate the amount a participant may borrow from the ICMA-RC administered portion of the plan, No loan amount may exceed the lesser of (a) the maximum loan amount specified in Internal Revenue Code section 72(p)(2)(A) or (b) 50% of the participant's ICMA-RC-administered account balance, (3) All loan repayments must be made ro the participant's ICMA-RC-administered account for the life at the loan, AGREED as of the day of ,20 Name of Employer: Authorized Official - Print Name State: Employer Plan Number []TI'IIIJ Signature of Authorized Official ICMA RETIREMENT CORPORATION {~~ C')ll j~\ Angela Montez Assistant Secretary Mail this Agreement and the completed 457 Plan Loan Guidelines to: ICMA-RC Attention: New Business Analyst 777 North Capitol Street, NE Washington, DC 20002-4240 VI.-CONSENT AGENDA ITEM C.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 c=J August 19,2008 August 4, 2008 (Noon) ~ October 21 , 2008 October 6, 2008 (Noon) c=J September 2, 2008 August 18,2008 (Noon) c=J November 5, 2008 October 20, 2008 (Noon) c=J September 16, 2008 September 2, 2008 (Noon) c=J November 18, 2008 November 3, 2008 (Noon) '-J n-t c=J December 2, 2008 CO =i-< c=J October 7, 2008 September IS, 2008 (Noon) November 17, 2008 (N~ -<'tp -0 C")"" N rm r'IlO c=J ~ N ::0-< Announcements/Presentations City Manager's Report :Xz c=J Administrative c=J New Business :I <Ii.... NATURE OF , AGENDA ITEM c=J Consent Agenda c=J Legal oS:" .. c=J Code Compliance & Legal Settlements c=J Unfinished Business r <li:" c=J Public Hearing c=J RECOMMENDATION: Motion to approve and authorize the execution of a Resolution for Task Order #08-05-1 for $697,092.00 to CH2M Hill to provide professional engineering and construction management services for the Central Seacrest Corridor Stormwater Improvements and Water Main Replacement Project. Additionally, approve an owner's contingency of 10% in the amount of $69,710.00 for a total budget appropriation of $766,802.00, EXPLANATION: Under a previous task order (#25, approved July 15, 2003, R03-126), CH2M Hill provided professional design and permitting services for this project, Due to funding issues, the project was put on hold and the task order with CH2M Hill was canceled in September 2006. Now with the funding issues resolved, the City has requested CH2M Hill to provide minor design modifications, minor permitting resolution, bidding, services during construction including construction phase services (construction management and inspection) for this project. The project's infrastructure improvements include approximately 8,000 linear feet of stormwater exfiltration trench, 130 stormwater inlets/manholes, 35,000 linear feet of water main replacement, relocation of 518 service connections, 71 fire hydrants, 35,500 square yards of sidewalks and driveway aprons, site restoration and 149,925 square yards of roadway asphalt overlay. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The Utilities Department and CH2M Hill have developed a detailed scope of services that outline the Tasks and sub-tasks required for this project. Discussions and negotiations were conducted to arrive at the CH2M Hill level of effort and staffing mix in order to deliver a quality and cost effective task order. CH2M Hill has successfully completed engineering and construction management services for the City in the past. The compensation for this task order is based upon the terms and conditions described within the Agreement for General Engineering Consulting Services with the City of Boynton Beach per Resolution 08-027 approved by the Commission on February 19,2008. PROGRAM IMPACT: The task order for CH2M Hill consists of five (5) sub-tasks, they are: . Task 1 - Design Phase ($13,783.00) . Task 2 - Permitting Phase ($2,705.00) . Task 3 - Bid Phase Services ($14,319.00) . Task 4 - Services During Construction ($315,761.00) . Task 5 - Task 6 - Resident Observation ($350,524.00) The construction of this project will have a significant, positive impact on the City's long-term water supply capabilities, by reducing water lost due to leakage. In replacing approximately 7 miles of substandard, small-diameter, and leaking water mains the City is acting positively to conserve water. Water conservation is one of the City's long-term objectives towards achieving a sustainable water supply, and the replacement of this 7 miles of substandard piping will be a large contributing factor in reducing our percentage of unaccounted water from its value of 12.5% in 2007 downward to less than 10% by 2013. FISCAL IMPACT: Funds are available in account #406-5000-590-65-02 WTRI06 and account #406-5000-590-65-09 STM022. The City has identified the Central Seacrest Corridor project to be completed under the City's current Capital Improvements Program projects. At the completion of the design and permitting (2006), the Engineer's Estimate of Probable Cost for the project was approximately $13,000,000.00 and the construction duration was estimated to be twenty-four (24) months. CH2M Hill will update the Engineer's Estimate of Probable Cost and construction duration estimate as part of this task order. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: This project has been and continues to be a cornerstone for the City's CIP infrastructure improvements and the only alternative to approving this motion would be to allow the Central Seacrest Corridor p oject area to continue with multiple stormwat and potable water issues. D~ent Hea~:~ 2-- City Manager's Signature Kofi A. Boateng, P.E. Kurt Bressner Assistant to City Manager ~ Utilities City Att~manee Department Name Attachment - Three (3) Original Task Order copies cc: A( Mazzella, Deputy Director, Utilities Barb Conboy, Manager, Utilities Administration & Finance C. Roschek, P.E., Manager Engineering Division, Utilities 1i'O P. Fleming, PMP, Senior Project Manager Project File: 1.2 S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DQC 1 2 3 RESOLUTION NO. R08- 4 5 6 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 7 FLORIDA, AUTHORIZING AND DIRECTING THE 8 CITY MANAGER TO EXECUTE TASK ORDER NO. 9 U08-5-01 WITH CH2M HILL FOR PROFESSIONAL 10 ENGINEERING AND CONSTRUCTION 11 MANAGEMENT SERVICES FOR THE CENTRAL 12 SEACREST CORRIDOR STORMWATER 13 IMPROVEMENTS AND WATER MAIN 14 REPLACEMENT PROJECT IN THE AMOUNT OF 15 $697,092.00 WITH A 100;(1 OWNERS CONTINGENCY OF 16 $69,710.00 FOR A TOTAL BUDGET APPROPRIATION 17 OF $766,802.00; AND PROVIDING AN EFFECTIVE 18 DATE. 19 20 21 22 WHEREAS, under a previous task order CH2M Hill provided professional design and 23 permitting for this project; and 24 WHEREAS. the City has requested CH2M Hill to provide mmor design 25 odifications, minor permitting resolution, and bidding services during construction 26 'neluding construction phase services for this project; and 27 WHEREAS, statT is recommending that the City Commission approve and :.i\vard 28 ask Order U08-5-01 with CH2M HILL for professional engineering and construction 29 anagement services for the Central Seacrest Corridor Storm water Improvements and \\'ater 30 ain Replacement Project in the amount of $697,092,00 with a 10%) owner's contingency 0/ 31 69,710,00 for a total budget appropriation of $766,802,00, 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 33 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: .\CA\RESOlAgreements\Task . Change Orders\CH2M HIli Task Order UOB 5.01 doc 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. 4 Section 2. The City Commission of the City of Boynton Beach, Florida does 5 hereby authorize and direct the approval and execution by the City Manager of Task Order 6 No. U08-5-01 with CH2M HILL for professional engineering and construction management 7 services for the Central Seacrest Corridor Stormwater Improvements and Water Main 8 Replacement Project in the amount of $697,092.00 with a 10% owner's contingency of 9 $69,710.00 for a total budget appropriation of $766,802.00, a copy of which is attached hereto 10 as Exhibit "A". 11 Section 3. This Resolution shall become effective immediately upon passage. 12 PASSED AND ADOPTED this _ day of October, 2008. 13 CITY OF BOYNTON BEACH, FLORIDA 14 15 16 Mayor - Jerry Taylor 17 18 19 Vice Mayor - Jose Rodriguez 20 21 22 Commissioner - Ronald Weiland 23 24 25 Commissioner - Woodrow L. Hay 26 TTEST: 27 28 Commissioner - Marlene Ross 29 30 anet M. Prainito, CMC 31 ity Clerk 32 33 Corporate Seal) .ICAIRESOlAgreementslTask - Change OrderslCH2M Hill Task Order U08-S-Q1 doc Task Order No. U08-5-01 Central Seacrest Corridor: Design, Permitting, and Services During Construction for Stormwater Improvements and Water Main Replacement --.....--. A. Background CH2M HILL (CONSULTANT) has performed a topographic route survey, prepared final design contract documents, and performed permitting services for the Central Seacrest Corridor Drainage Improvements and Water Main Replacement project for the City of Boynton Beach (CITY) under Task Order No, 25 which was approved by the CITY July I", 2003, Final design documents associated with Task Order No, 25 were submitted to the CITY in June 2006, All permits to be secured by the CONSULTANT as part of Task Order No, 25 were obtained and submitted to the CIn' in 2006, Due to funding issues, the project was not moved forward to bid and construction phases at that time In May 2008, the CITY requested the CONSULTANT make certain revisions tl) the proposvd water main, sanitary sewer, and stormwater improvements that were designed and delivered under Task Order No, 25, This Task Order No, U08-5-01 addresses fees for professional services to modif}' the design contract documents, update permits which have lapsed or expired, provide bid phase services, provide administration services during construction (SDC), and provide resident observation services, B. Scope of Services for Phases I and II Task 1 - Design The CONSULTANT, under CITY guidance, will provide professional engineering service~ for modifying the contract documents that were prepared under Task Order No, 25 for the Central Seacrest Corridor Drainage Improvements and Water Main Replacement project, The specific scope of design services to be provided by CONSULTANT in this Task Order U08-5-01 include the following: 1. Drawings: Per guidance from CIn' staff, CONSULTANT will revise drawings to WOO, The following revisions to the drawings and specifications are anticipated a, Phase I and Phase II will be bid as one package, There will be one set at contract plan drawings that will include both phases, b, Proposed water mains, and appurtenances, including fire hydrants, east of Seacrest Blvd. are to be deleted from the project with the exception of the water main and appurtenances on NE 1 st Ave, between Seacrest and NE 3rd Ave, FINAL_ TO U08-5-01_S0W_091008DOC TASK ORDER NO. U08-5-01 CENTRAL SEACREST CORRIDOR DESIGN, PERMITTING, AND SERVICES DURING CONSTRUCTION FOR STORMWATER IMPROVEMENTS AND WATER MAIN REPLACEMENT c. Proposed water mains, and appurtenances, including fire hydrants, on Boynton Beach Boulevard are to be deleted from the project. d. All but the following proposed exfiltration trenches and appurtenances east of Seacrest Blvd. will be deleted from the project: SE 12th Ave., SE 13th Ave., SE 14th Ave. and SE 1 st Street between SE 11th Ave. and Woolbright Road. e. Proposed sanitary sewer main replacement for entire project will be deleted. f. Proposed swale, roadway, and driveway improvements east of Seacrest Blvd, will be deleted from the project with the exception of those areas described in items "b" and "d" above. g. Notes will be added to the drawings to clarify phasing NTP requirements and water main certification procedures. h. Phasing limits, and limits of construction will be revised to reflect modifications described in items a. through g. 2. Specifications: CONSULTANT to modify the CITY's January 2008 edition of their Master Technical Specifications, Division 1 through 3 as appropriate for the project. Contract Documents will use CITY's existing "Front-End" conditions, modified as appropriate for this project. 3. Quantity Take-Off: CONSULTANT will conduct a quantity take-off of the revised design contract documents. 4. Schedule Of Bid Items: CONSULTANT will prepare a Schedule of Bid Items for the revised design contract documents in accordance with the CITY's standard format. 5. Cost Estimate: CONSULTANT will prepare an engineer's opinion of probable cost for the revised design contract documents, The accuracy of the engineer's cost estimate is anticipated to be within 10% + / - of the actual as-bid construction cost of the project. 6. 100% Design Contract Documents: Upon completion of the 100% design contract documents, CONSULTANT will supply the CITY four (4) full-size sets of 100% review documents, The CONSULTANT will attend a 100% design-review workshop with CITY personnel to receive and discuss review comments regarding the documents. The CITY will provide CONSULTANT with one marked set of the documents containing the CITY's consolidated comments for use in preparation of the next stage of design deliverable. For the 100% design deliverable the CONSULTANT will provide the following: drawings, specifications, schedule of bid items, engineer's cost estimate. 7, Bid Documents: CONSULTANT will incorporate changes identified in the 100% design workshop into the final bid documents. Task 2 - Permitting As part of the services provided under the previous Task Order No. 25 the CONSULTANT secured the following permits for this project: . Palm Beach County Utilities - Right Of Way, approved 02/13/06, expired 08/13/06. FINAL_ TO U08-5-01_S0W_091008.DOC T';Sr: ORDER NO UOS.5-01 CENTRAL SE';CREST ,;ORRIUOF DESiGN. PERMITTINC ,V,[, SeRVICES DURING CONS rRU Tl-jl, F.JF S fURI.\-i,.: IMPROVEMENTS AND W~ TER MAIN REPLACEMC., . Palm Beach County Health Department -- Wah'L appn'ved 12 ifl] In::; C'T'Jn'~ I 1\1 '- , . Department of Environmental Protection-- Surface vV ater, appnwt'd 01 lib ,;'XpH',. 01/11 ,/11. . Florida Department of Transportation - Utility, approved 11 /07/05, expired 04/07/ ()h. The CONSULTANT will assist the CITY in re-applying for the Palm Beach COW1ty Utilit\ RO,W permit which has expired, It is the CONSULTANT's understanding that the proposed water mains along Boynton Blvd, will be eliminated from the project and that It will not be necessary to re-apply for the FDOT permit. The CONSULTANT will complete the permit application form(s) and submit them to th(:' CITY for approval! signature, The CONSULTANT will then submit the CIn' executed application form(s) along with any required drawings andlor specifications to the governing agency for approval. Any permit fees will be paid by the CIn'. CONSULTANT will prepare two (2) responses to each "request for additional information made by regulatory agencies following submittal of the permit applications, Additional responses to agency requests for additional information will be considered an Additional Services item. It is the intent of this project to require the selected contractor to apply for and acquire thl' necessary work pem1its, In addition, if any de-watering permits are necessary to conduct the work their acquisition will also be the responsibility of the contractoL CONSULT AN r through the CITY, will provide the contractor with necessary site figures and data h) support the permitting effort, Preparation of other permits for the above agencies (or for other regulatory agencies) beyond that specified above will be considered an Additional Services item, Examples ot typical permits not included in this scope of work include wetland dredge and fill permits asbestos handling/ disposal permits, contaminated soil handling/ disposal permits, archeological/historical preservation permits, endangered species permits, tree remm'al permits, etc.. Task 3 - Bid Phase Services Bid phase services to be performed by the CONSULTANT will be consistent vvith the guidelines in the "Standard Procedures and Functions for Consultants, Procurement Services, 1111i! the Project Management Team, " provided by the CITY and will include the following: 1. Prepare Contract Document packages (i,e, drawings and specification) for CIn' advertisement and bidding purposes, Drawings to be full size (24 x 36 inch) format, 2, Distribute copies of the Contract Documents to the prospective bidders, TIle cost for production of the contract documents will be borne by the bidders through purchase ot the construction plan from CONSULTANT. TIle cost of the contract documents shall include all CONSULTANT cost associated with reproduction, processing and mailing the contract documents to prospective bidders, Maintain records of the plan holders list and provide a copy of the list to the CITY on a weekly basis, FINAL TO UOS-5-01_S0W_D91008.DOC TASK ORDER NO. U08,5-01 CENTRAL SEACREST CORRIDOR DESIGN, PERMITIING, AND SERVICES DURING CONSTRUCTION FOR STORMWA TER IMPROVEMENTS AND WATER MAIN REPLACEMENT 3. Provide document mailing and pre-bid services, such as assistance with advertisement, maintaining plan holder's list, answering questions from potential bidders, and issuing Contract Document addenda to the plan holders. 4. Respond to questions from prospective bidders and suppliers and issue addenda as appropriate, Issuance of up to three addenda is assumed in the budget for Bid Phase Services. 5. Participate in a pre-bid meeting with interested contractors and CITY staff. Prepare and distribute meeting minutes. Prepare bid addendums as required for issuance by the CITY. 6. Review bid packages received, document the due diligence process, and recommend award. 7. Prepare conformed set of Contract Documents for execution by the CITY selected Contractor, Conformed set will include addenda issued during the bid phase and the Contractor's Schedule of Bid Items. 8. CONSULTANT will provide CITY two (2) full-size (24 x 36 inch), and two (2) half-size (11 x 17 inch) sets of the conformed Contract Documents. Task 4 - Services During Construction The specific SDC phase services to be provided by the CONSULTANT include the following: 1. Using the CITY's formats, CONSULTANT will prepare agenda and conduct pre- construction meeting with selected Contractor and CITY staff. Prepare and issue written minutes of meeting. 2. Review Shop Drawing and Product submittals for general conformance with the design intent and provisions of the Contract Documents, Review of up to 40 submittals is included in the budget for SDC phase services. 3, Attend weekly construction progress meetings, prepare pre-issue agenda, and provide a written summary of the issues discussed within 1 business day of the meeting conclusion. Project meetings will be conducted by the Project Engineer with the Resident Observer also in attendance. Following the meeting, the Project Engineer will prepare and distribute DRAFT Minutes for meeting participant review and comment. FINAL Minutes shall be issued within 3 business days after the conclusion of the meeting. Meetings will be held at the construction site trailer. Ninety-six weekly progress meetings are included in the budget for this task. 4. Review monthly payment applications submitted in a format acceptable to the CITY. Assist the CITY to reconcile the Contractor payment requests, clarifications, and responses to requests for quotations. A twenty-four month construction period is assumed in budgeting these tasks. 5. Respond in writing to Contractor's Request For Information (RFI) regarding the design documents, For the purpose of this task order, it is assumed that up to 50 RFI's will be responded to during the 24 month construction period, FINAL_ TO U08-S,01_S0W_091008.DOC gSK ORDER NO U02-5-01 CENTRAL SEACREST C':'RRIDOR DESI(oN PERMITTIN" Ar,C SERVICES DURING CONSTRU(.TIO!~ 1-)" 5TORl.h'.' IMPROVEMENTS AND WATER MAIN REPLACU,E.r, 6. Prepare and negotiate Change Orders (CO) and Field Cnangt' Directive" (Fef), dunnr the 24 month construction period. For the purpose pf this task nrdl'T. it h as'->umed th, up to 12 CO and 24 FCD vvill be prepared during the 24 montn cc)nstruct], \11 period 7, Review work progress at key steps to allow certifications to the SFWMD and PBCPHI: that work was completed in substantial conformance ,:Vlth the Contract Documl'nts. Revievv to include verification that ,vater services ,vere properly pressure' tcskd and bacteriologically sampled to allow a "request for release of facilities to be placed intl' service" to be filed with the PBCPHD, Assist the ern in obtaining the appropriate PBCPHD release for completed facibtil's, For budgeting pU1},oses it IS asslillwd that tht, CONSULTANT will be required to process not more than ten (10) individual request tur releases. Provisions will be added to the contract documents requiring the contractor tl reimburse the CONSULTANT for cost associated witn processing additional n>least' request, S, In conjunction with CITY staff, make preliminary and final inspections and assist in tnt. preparation of a Contractor "punch list_" Review completion of identified pW1Ch list items to assist in the determination that Substantial and Final Completion has been reached by the Contractor. Advise the crn' that Substantial and Final Completion of thc' project has been reached in accordance \'\'ith the Contract Documents. 9, CONSULTANT will provide Contractor two (2) full-size (24 x 36 inch), and tWll (2) halt size (11 x 17 inch) sets of the conformed Contract Documents, CONSULTANT will provide Contractor conformed Contract Documents in electronic format to facilitate Contractor's preparation of as-built drawings Task 5 - Resident Observation The resident observation phase services to be provided by the CONSULTANT include the following: 1, Provide an onsite construction observer. The resident observer will be onsite. for a twenty-two (22) month period, Construction observation hours are based on the resident observer working Monday through Friday. Snours per day (40 hours/week), It is understood that the construction contractor will be allowed to work Monday through Friday, 10 hours per day (50 hours/week), It is assumed that the resident observer's services will not be needed for one month after construction Notice-To-Proceed is issued. It is assumed the resident observer will be working half-time for the period between Substantial and Final completion, C. Assumptions In addition to the work items discussed above, the following assumptions were made in establishing the scope and associated fee, Changes and/ or modifications in the above work items or these assumptions are considered an Additional Services Item under the terms ot the contract, Assumptions include: FINAL TO U08-5-01_S0W_091 008. DOC TASK ORDER NO. U08,5-01 CENTRAL SEACREST CORRIDOR DESIGN, PERMITTING, AND SERVICES DURING CONSTRUCTION FOR STORMWATER IMPROVEMENTS AND WATER MAIN REPLACEMENT 1. The scope and budget are based on a closed system with exfiltration basins and/ or a swale type system (i,e. no positive outfall). 2. The CITY will provide CH2M HILL an electronic version of "front end" contract documents in MICROSOFT "WORD 2003" version format. 3. Surveying and legal work necessary to prepare documents for and to secure easements (temporary and permanent) required for installation of the piping and improvements are the responsibility of the CITY. 4. Survey and acquisition of any easements (construction or permanent) for the new piping and improvements will be the responsibility of the CITY, 5. Deviations from the Final Design Drawings will be compiled by the Contractor and electronically incorporated onto the drawing files. Two sets of signed and sealed RECORD drawings will then be submitted by the Contractor to the CITY. One set of RECORD drawings will be provided to CONSULTANT for submittal to PBCPHD. 6. Construction observation hours are based on 96 weeks of actual construction, Monday through Friday, at 8 hours per day, for a total of 3,840 man-hours. It is understood that the contractor's allowable work hours as set forth in the CITY technical specification section 01300, Part 1.2.E, are Monday through Friday, 7:00AM to 5:00PM (10 hours per day), with no work requiring inspection occurring between 12:00PM and 1:00PM. Resident observation required above 40 hours per week will be considered an Additional Services item. 7. The CITY is responsible for all permitting and advertising fees, including costs of public notification in local newspapers, 8. A single permit application covering the proposed construction work will be prepared for submittal to each regulatory agency requiring are-submittal. 9, The Contract Documents will be prepared as a single contract (i.e, the water main replacement and stormwater piping work will not be prepared as separate packages within the same set of Contract Documents). 10, A single bidding effort is assumed. Re-bidding of the project is considered an Additional Services item. 11, Costs for SDC phase geotechnical testing to verify Contractor's compliance with Contract Documents are not included in the design fee estimate. 12. The design is to be based on the federal, state and local codes and standards in effect at the beginning of the project. Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services item. 13. Public outreach activities are the responsibility of the CITY. 14, Water service connections between the meter and each residence are not included in this project, The CITY will contract directly with a specialty contractor for this work. FINAL_ TO U08-5-01_S0W_091008.DOC TASK ORDER NO U08-5-01 CErn-RAe SE.ACREST C:C1RRIDOP DESIGN. PERMITTING AND SERVICES DURING CONSTRl' li<jl, "_'p STORMv," __m iMPROVEMErn-S AND "I A Tt:R MAIN REPI A:"~"Hi ~._".. D. Contract Reference This Task Order shall be performed under the terms and cunditions described within till.' Agreement for General Engineering Consulting Services dated October 4,2000 (renewed b\ Citv Commission Februarv 19,2008) between the Citv of Bovnton Beach and CH2M HIt I , ' E. Additional Services The following are examples of some specific Additional Services Items that may be reqmrt:'d, but are not included within this Amendment. Generally, a condition contrary to the work description in Section B or assumptions of Section C (upon which the fee is based) is considered an Additional Services Item, Examples include: 1, Additional design services or construction observation in excess of that specified in tlll''; Amendment, 2, Additional permitting assistance in excess of that identified in this Amendment. 3, Construction phase services (SDC) are based on an estimated twenty-four month construction period from the time of the contractor mClbilization to final inspection. It the period of construction is extended, additional time and expenses will be necessary 4, Assisting the CITY in the settlement of construction contract claims. =" Replacement of small diameter water mains and stormwater improvements at locations other than those identified in this Task Order No, U08-5-01 and the Central Seao'est Corridor (Boynton Beach Boulevard to Woolbright Road) Final Design, Permitting, and ServiLc~ During Construction for Stormwater Improvements and Water Main Replacement (Task Order No, 25), Additional fees will be developed as requested by the CITY for future work h \ include additional drawings, revised "front ends" and the preparation of additional bid documents, Bid services and SDC will be extended as appropriate, 6, Field verification (horizontal or vertical) of existing utilities identified as being within the immediate area of the proposed pipeline_ 7, Additional regulatory agency responses beyond the first response to an agencv incompleteness and/ or additional information request, 8, Development of property descriptions of easements, road right-of-ways, etc Preparation of right-of-way or easement boundary surveys, 9, Threatened or endangered species and species of special concern permitting or relocation work. 10, Archeological/Historical preservation permits, studies, or reports, 11, Surveying, flagging, or other work necessary to secure tree remm'al permits from the City, County, or other jurisdictions. 12, Design modifications to the Construction Contract Documents (j,('" change orders) required during construction. FINAL_ TO U08-5-01 sow _091 008.DOC TASK ORDER NO U08,5-01 CENTRAL SEACREST CORRIDOR DESIGN, PERMITIING, AND SERVICES DURING CONSTRUCTION FOR STORMWATER IMPROVEMENTS AND WATER MAIN REPLACEMENT These and other services can be provided, if desired by the CITY, under separate Task Order(s) or by an amendment to this Task Order. Services performed will be on an as- directed basis in accordance with a written Notice to Proceed from the CITY. F. Obligations of the CITY 1. The CITY shall designate a Project Manager and Owner's Representative as the single point of contact for this project. 2. The CITY shall review all drawings and other documents presented by CONSULTANT; obtain advice of an attorney, insurance counselor, and others as crTY deems appropriate for such review and render decisions pertaining thereto within 30 days so as not to delay the services of CONSULTANT. 3, With assistance by CONSULTANT, as described herein, the CITY, as applicant shall obtain approvals and permits from all governmental authorities having jurisdiction over the project. The CITY is responsible for the payment of all permit application fees. G. Compensation Compensation by the CITY to the CONSULTANT for services described in Task Order U08- 5-01 shall be on a Time and Material (T &M) basis. T &M services will be invoiced for the amount of work actually required by the project. The budgeted fee for each of the tasks described in Task Order No. U08-5-01 is shown in Table 1 below. Each task shall be billed by the CONSULTANT to completion. The CONSULTANT shall not perform work beyond the total cost for each task shown in Table 1 without written authorization from the CITY, TABLE 1: LABOR AND EXPENSE SUMMARY Phases I and II - Central Seacrest CDrridor City of Boynton Beach labor Total labor Hours Cost Expenses Cost Task 1 - Design Phase 100 $12,682 $1,101 $13,783 Task 2 - Permitting Phase 16 $2,404 $301 $2,705 Task 3 - Bid Phase Services 96 $13,368 $951 $14,319 Task 4 - Services During 1,864 $310,019 $5,742 $315,761 Construction Task 5- Resident Observation 3,920 $341,040 $9,484 $350,524 Totals 5,996 $679,513 $17,579 $697,092 FINAL_ TO U08,5-01_S0W_091008.DOC T;'SK ORDER. NO. UDS'o-Q, CENTRAL SEACREST CORRIDOR DESlfir, PERI~ITIIN(; Aim ';ERVICES DURING CONSIRIII,.TIDh 1'.'+:' TC:H1.\ IMPROVEMENTS AND WA 'EP !.1AIN P;::PLACH'f ' ------_._.,.._-~---~._- ----...---.--.- H. Schedule The CONSULTANT will commence design and permitting services upon receIpt llt >.vritt".] authorization, A detailed schedule will be developed in cooperation with the ern's Project Manager and Owner's Representative during the initial Task of this project. APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA Bv: Kurt Bressner City Manager Dated this day of ,2008, SUBMITTED BY: CH2M HILL INC. iJJ~ (\ By: It\~tf / --- Rick Morales, P,E. Vice President Dated this l (j JXpk,~i~ ,2008, _ day of FINAL TO UD8-5-0~ SOW 091008.DOC CITY OF BOYNTON BEACH TASK ORDER U08-5-01 Central Seacrest Corridor - Water Main Replacement and Stormwater System Improvements Proposed labor Estimate Staff Project Sr, Project Sr, Project Project Sr. Designe Sr, Field Inspector Designer Engineering Sr, Admin. Total Hrs, Total $ Director Manaoer Enoineer Coordinator Rep. Technician SUDnort fScope Rates I 227.00 I 193.00 I 193.00 193,00 I 128,00 I 144,00 87.00 I 93.00 I 87,00 I 86,00 I Task 1 . Design Modify Utility Design Per City Direction 2 2 30 25 59 $ 6,787,00 Revise Specifications 8 0 8 $ 1,544.00 Revise Quantity Take-Off 10 10 $ 870,00 Revise Schedule Of Bid Items 5 5 $ 435,00 Revise Cost Estimate 4 4 $ 772.00 QAlQC 5 5 $ 965,00 Contract Documents Signed & Sealed By EOR 4 4 $ 772.00 Pro'ect Coordination And Administration 0 1 4 5 $ 537,00 Task 3 . Bid Ph... Services Task 4 . Services During Construction PM/CM full-time for 1 st 2 Months of project to assist with start-up 187 133 $ 53,115,00 PM/CM half-time for last month of project to assist with closeout 80 $ 15,440.00 PM/CM 16 hours/week for 4 months during project 256 $ 49,408,00 PM/CM 10 hourslweek for 17 months during project 680 $ 131,240,00 Engineer Of Record QA, 6 hours/month for 24 months 0 144 $ 27,792,00 Proiect Coordination Administration 0 0 0 0 384 $ 33,024,00 Task 5 - Resident Observation Sr. Inspector for 96 weeks @ 40 hours/week Sr, Ins ector half-time last month of ro'ect to assist with closeout Total labor Hours Total labor Cost 9/11/2008 VI.-CONSENT AGENDA ITEM C.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 C") 0 ('")~ o August 19, 2008 OJ =i-< August 4, 2008 (Noon) X October 21, 2008 October 6, 2008 (Noonb -<0 ("') ,,"'" ...... o September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon)f rc:c "10 - ::0-< o September 18, 2008 September 2, 2008 (Noon) o November 18, 2008 November 3, 2008 (No~ ~:z: {,/).... :x 0 o December 2, 2008 0% o October 7, 2008 September] 5, 2008 (Noon) November 17, 2008 (NtE;) ..." "'TfI:D c..,) c::;rr1 't> \D f'T'l"(II') ::c 0 Announcements/Presentations 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM X Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: Approve and authorize the execution of a Resolution to enable the City of Boynton Beach to officially adopt Palm Beach County's Local Mitigation Strategy (LMS) for reducing the City's vulnerability to identified natural, technological and societal hazards, The implementation of the LMS program is a City-wide responsibility , EXPLANA TION: The County-wide LMS provides a rational, managed basis for considering and prioritizing hazard-specific mitigation options and for developing and executing sound, cost-effective mitigation projects, Adoption of the LMS will help the City reduce our Community Rating System (CRS) rating, Currently, the City's CRS rating is 8 on a scale of 1 (best) to 10 (worst), which qualifies the City's residents for a 10% discount on flood insurance premiums, The City's goal is to lower our CRS rating from an 8 to a 7 by December 31, 2008, which will qualify our residents for a 15% reduction in flood insurance premiums, PROGRAM IMPACT: The City will modify its standard operating procedures to adopt the County-wide LMS program. FISCAL IMPACT: None, The LMS program will be implemented with current staffing and budget. AL TERNA TIVES: The City could elect not to pursue a reduction in the CRS rating at this time, D~' ~aM' Assistant to City Manager ~ Department of Development City Attorney / Finance Attachment: Palm Beach County Unified Local Mitigation Strategy (LMS) document S:\BULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. 08- 2 3 A RESOLUTION OF THE CITY OF BOYNTOJ\ 4 BEACH, FLORIDA, AllTHORIZING THE 5 ADOPTION OF PALM BEACH COUNTY'S 6 UNIFIED LOCAL MITIGA TION STRATEGY 7 (LMS) FOR REDlICING THE CITY'S 8 VlJLNERABILITY TO IDENTIFIED NA TVRAL, 9 TECHNOLOGICAL AND SOCIETAL HAZARDS; 10 AND PROVIDING AN EFFECTIVE DA TE. 11 12 WHEREAS, the County-wide LMS provides a rational. managed basis for 13 'I considering and prioritizing hazard-specific mitigation options and for developing and 14 executing sound, cost-effective mitigation projects; and 15 WHEREAS, adoption of the LMS will help the City reduce our (ommunit: 16 Rating System (CRS) rating and thereb: qualif~ our residents for a 1500 reducti()t1 In tlood 17 ' ' Insurance premIUms, 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 19 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT; 20 Section 1. Each Whereas clause set forth above is hereby ratified as being true 21 and correct and incorporated herein by this reference: 22 Section 2. The City Commission of the City of Bovnton Beach, Florida, I " 23 hereby approves and adopts the Unified Local Mitigation Strategy in its entire!:, a copy l)j 24 which is attached hereto as Exhibit .. A". 25 Section 3, This Resolution shall take effect immediately upon passage I t \CA\RESO\Local Mitigation Strategy Plan(2008) doc I i I! 11 1 PASSED AND ADOPTED this _ day of October, 2008. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor - Jerry Taylor 7 8 9 Vice Mayor - Jose Rodriguez 10 11 12 Commissioner - Ronald Weiland 13 14 15 Commissioner - Woodrow L. Hay 16 17 18 Commissioner - Marlene Ross 19 ATTEST: 20 21 22 Janet M. Prainito, CMC 23 City Clerk 24 25 26 27 28 (Corporate Seal) :\CA\RESO\Local Mitigation Strategy Plan(2008).doc Summary Palm Beach County Local Mitigation Strategy (LMS) The Local Mitigation Strategy (LMS) is a unified, coordinated effort among County and municipal governments to reduce the county's vulnerability to the impacts of identified natural and man-made hazards. Among its primary missions, the Strategy serves as a basis for comprehensive mitigation planning, project identification and prioritization, and provides assistance to project sponsors in securing and allocating available federal, state, local and other disaster mitigation assistance funds, LMS projects cover a range of topics including major drainage improvement projects, hardening of public structures, Emergency Operation Center purchases, etc. The Federal Disaster Mitigation Act of 2000 (DMA2000) and the Federal Emergency Management Agency (FEMA) require communities to adopt a hazard mitigation plan in order to be eligible to receive pre-disaster and post-disaster federal funding for mitigation purposes. Accordingly, Palm Beach County and its 37 municipalities coordinated a public process to revise and amend the Unified Local Mitigation Strategy to bring it into compliance with the federal guidelines established in response to the DMA2000. As a result, the LMS closely adheres to guidelines and criteria provided by the Federal Emergency Management Agency and Florida Department of Community Affairs. The Recovery & Mitigation section of Palm Beach County Division of Emergency Management provides administrative and technical support to the LMS and serves as the primary liaison with state and federal offices on LMS matters. 1.0 PURPOSE AND PROGRAM ORGANIZATION The Palm Beach County Unified Local Mitigation Strategy (LMS) was formally adopted by the county, municipalities, and the LMS Steering Committee in 1999. Initial development of the LMS was funded, in part, by the Florida Department of Community Affairs (FDCA) with Federal Emergency Management Agency (FEMA) funds earmarked for the development of comprehensive hazard mitigation planning. The LMS was established and continues to operate in accordance with prevailing federal, state and local guidelines and requirements. In 2004 the plan and program were substantially modified to improve operational effectiveness and to comply with new federal guidelines established in response to the Disaster Mitigation Act of 2000. 1.0 PURPOSE The purpose of the Palm Beach County LMS is to develop and execute an ongoing unified strategy for reducing the community's vulnerability to identified natural, technological and societal hazards. The strategy provides a rational, managed basis for considering and prioritizing hazard-specific mitigation options and for developing and executing sound, cost- effective mitigation projects. The LMS also provides a basis for justifying the solicitation and use of local, state, federal and other monies to support hazard mitigation projects and initiatives. 1.1 PROGRAM ORGANIZATION 1.1.1 Original LMS Structure The original LMS structure consisted of three levels; (1) the larger body of public agencies, non- profit organizations, private institutions, and members of the public at large interested in participation in LMS activities, (2) the Steering Committee, and (3) subcommittees. The Steering Committee, the policy and decision body of the LMS, consisted exclusively of designated representatives from the county and the 37 municipal jurisdictions. Voting rights were restricted to one officially designated primary member and two alternates from each jurisdiction, Each jurisdiction had one vote on LMS matters and a quorum vote was required for Steering Committee approval. Written notice from the manager/mayor of the jurisdictional governing body to the Chair of the LMS Steering Committee or to the Director, Palm Beach County Division of Emergency Management was required to designate new voting members. While jurisdictions could have multiple voting representatives present at any Local Mitigation Strategy meeting, each jurisdiction was limited to one vote. While voting on important LMS issues was restricted as described above, attendance and participation in general meetings was open to the community at large. An LMS Chair and Vice Chair were elected every other year, Unlimited successive two year terms were permissible at the will of the Steering Committee. 1- 1 The LMS Chair was authorized to establish standing or ad hoc subcommittees as needed Ie further the goals and objectives of the LMS. Four subcommittees were established in the early stages of the LMS to assist with initial program and plan development. They included: The Hazard and Vulnerability Analysis Subcommittee, the Outreach and Education Subcommittee, and the Financial and Legal Issues Subcommittee. Over the course of the project, the Outreach and Education subcommittee evolved and changed its name to the Community Rating System (CRS) Subcommittee to reflect its growing focus on CRS outreach and education and other CRS issues. The Hazard and Vulnerability Analysis subcommittee and Financial and Legal Issues subcommittees gradually became inactive as the LMS matured, but were subject to reactivation if future needs warranted. A fifth subcommittee, the Update/Review Subcommittee, was created to monitor and evaluate the effectiveness of the LMS and recommend changes to ensure the LMS plan remained current, compliant, focused, and responsive to community interests and needs. An additional standing subcommittee, the Evaluation Panel was established specifically to review, score and prioritize LMS mitigation projects submitted by LMS steering committee members and other partner organizations in accordance with guidelines, procedures and criteria developed early in the program, Under the original project prioritization process, the Panel prepared and submitted Prioritized Project Lists (PPLs) to the Steering Committee for approval and adoption twice a year. With FEMA's issuance of new funding criteria based largely on benefit-cost justifications the role and skill requirements of the Evaluation Panel has to be reexamined, 1.1.2 Revised LMS Structure In July 2003, the Update/Review Subcommittee was reconstituted as an Administrative Subcommittee with the broader mission of providing guidance and assistance necessary to bring the plan and program into compliance with the new federal guidelines and criteria established in response to the Disaster Mitigation Act of 2000 and Title 44 Code of Federal Regulations, This process is explained in Section 1.2.4. The group met numerous times over the course of an 18 month period to review FEMA's feedback, expectations and requirements, develop plans and strategies for the revision process, and monitor and review plan revisions, The group's charter was eventually expanded to include taking a critical look at the effectiveness of the overall LMS program. A number of important recommendations and actions emerged from this later responsibility. Among the Committee's observations were the following: . The LMS Steering Committee, composed of 38 members, was considered too large and unwieldy to serve as an effective policy and decision body . Although the county had many active mitigation programs and initiatives, too often they functioned as independent, uncoordinated activities . Greater attention needed to be given to ensuring mitigation projects were cost-effective and focused on threat-specific mitigation priorities and strategies . Here-to-for the LMS had failed to effectively tap the county's vast resources and expert- rich public and private sectors. 1- 2 . The LMS had not adequately explored and used non-traditional sources for potential mitigation funding assistance . Many of the county's jurisdictions, particularly the smaller municipalities, lack the in- house technical resources, funds, and expertise necessary to effectively execute FEMA's mandated Benefit-Cost analyses . The plan revision process afforded an excellent opportunity to also reconsider and revamp the LMS program structure and operating philosophy, and . The increased competition for scarce mitigation assistance funds would undoubtedly place a premium on optimizing program efficiency and responsiveness In response to these and other considerations, in June 2004 the LMS voted unanimously to adopt and phase into implementation a number of significant program changes and enhancements proposed by the Administrative Subcommittee. Among the executed and/or planned actions are the following: LMS Steerinq Committee Effective July 2004, the LMS Steering Committee was reduced from thirty-seven members to fifteen members... comprised of: seven municipal representatives, two county/local government representatives, one state/federal government representative, one university/college representative, one healthcare industry representative, one non-profit representative, and two representatives from the private sector. The Steering Committee serves as the Local Mitigation Strategy program board of directors. As such, it is the primary decision and policy body for LMS sponsored mitigation activity. LMS Workinq Group The LMS Working Group is the full working body of the LMS, comprised of a broad cross- section of public sector and private sector organizations and individuals, including the general public. The Working Group serves as an umbrella organization for coordinating all mitigation programs and activities, supplies the staffing and expertise for the standing and ad hoc committees of the LMS, and is the primary mechanism and forum for exchanging information and mobilizing the vast expertise and resources of the community. Standinq Committees At this writing, plans called for establishing a number of standing LMS committees for the purpose of facilitating, bolstering, and supporting LMS activities. These include: . Evaluation Panel, designated to review, evaluate, score and rank mitigation projects applying established local, state and federal prioritization processes and criteria . Flood Mitiqation Committee - Technical Advisory Subcommittee, comprised of flood mitigation experts from public and private sector organizations, is charged with assessing county-wide flood risks and vulnerabilities without regard to jurisdictional boundaries and recommending flood mitigation priorities, strategies, plans and projects for LMS consideration and action, . Flood Mitiqation Committee - CRS Outreach Subcommittee, comprised of representatives from the county's 26 CRS communities, who collaborate on a full range of Outreach Projects Strategy (OPS) initiatives and promote CRS participation 1- 3 . Proiect Support Committee - Fundinq Support, comprised of public and private-sector individuals experienced with grant applications and funding sources, who will support the LMS by: identifying and researching potential funding sources; advising members or application requirements, schedules and processes; monitoring fund availability, etc, . Proiect Support Committee - Application Support, comprised of technical and administrative experts who, as available and upon request, will provide project applicants (particularly those from smaller jurisdictions) advice, guidance and assistance on the preparation of project applications and benefit-cost calculations, Ad Hoc Committees In addition, a number of ad hoc committees are expected to be mobilized as needs arise. These committees include: . Membership Committee, charged with identifying and recruiting LMS members, supporting and facilitating the staffing of committees, assisting with the preparation and implementation of LMS and committee promotional activities, and supporting the development and nurturing of mitigation-relevant public-private partnerships, . Strateqy Development Committee, charged with facilitating the development of hazard- specific mitigation strategies and articulating them in actionable terms for potential project sponsors. . Special Interest Hazard Mitiqation Committee, charged with facilitating mitigation strategies for location-specific and special interest hazard areas such as coastal communities, agricultural communities, wildfire-urban interface communities, the business sector, etc. and with assisting in identifying special funding sources, . Wind Hazards Committee, charged with facilitating the development of wind-related mitigation strategies, projects and special programs (e,g. shutter acquisition and shutter installation programs for the elderly, handicapped, and economically disadvantaged) . Plan Revision Committee, charged with monitoring the LMS plan for compliance, assisting the Palm Beach County Division of Emergency Management staff with cross- walks and FEMA feedback, assisting the linkage between LMS and other local plans, and supporting plan updates and revisions . Administrative Committee, originally established to facilitate and assist the LMS plan revision process in response to the new federal guidelines evolving from DMA200Q, The committee was also charged with serving as an interim decision body for the LMS until the Steering Committee was formally organized and functioning, 1.3 LMS PARTICIPATION REQUIREMENTS Since the Unified Local Mitigation Strategy is written directly from input from all meetings, it is important to make sure that the entire Palm Beach County community is represented, The following groups are invited to all Local Mitigation Strategy meetings. Each group has different circumstances involving participation requirements; however, all groups are ardently encouraged to participate in the planning process, Jurisdictions In order to retain voting rights, to qualify for federal mitigation assistance consideration, and to otherwise remain a member in good standing, all jurisdictions are expected to conform to the following standards: 1- 4 . Participation of the voting representative or officially designated alternate(s) in three (3) out of four (4) Steering Committee meetings where plan revisions will be addressed; . Consecutive absences will be cause for disqualification for the LMS, subject to appeal and review by the LMS Chair. All rights and privileges will be terminated during a period of disqualification and formal reapplication; . Participation in subcommittee meetings may be substituted for Steering Committee attendance in meeting the 3 out of 4 rule pending approval by the Chair; . Subject to pre-meeting and post-meeting roll calls, participation in special conference call meetings of the Steering Committee or subcommittees will be credited for purposes of participation; and . Have a dully executed resolution adopting the revised LMS plan on file with the county and the LMS. In order for a jurisdiction to be eligible for Hazard Mitigation Grant Program (HMGP), Flood Mitigation Assistance (FMA) and Pre-Disaster Mitigation (PDM) funding programs, they must have an adopted resolution/interlocal agreement adopting the revised LMS on file with the LMS and have participated in the revision process. Appendix H will include the Board of County Commissioners agenda item summary along with a copy of all executed adoption resolutions. Appendix I includes meeting summaries along with attendance lists documenting participation in the revision process and ensuring compliance with participation rules.. Non-Governmental OrQanizations (NGO's) and other Governmental Entities In order to qualify for LMS grant sponsorship, NGO's and other governmental entities must: . Have an dully executed letter of commitment to the LMS on file with the county and LMS; and . In the judgment of the LMS Steering Committee, actively participate in and otherwise support LMS activities. The Public and Private Sector The Palm Beach County Unified Local Mitigation Strategy believes broad community support, including ongoing public and private sector involvement, is critical to the success of the program, While participation by private organizations and the general public is strictly voluntary, their attendance, comments, contributions, and support are actively invited, sought, monitored and fully documented, In order to promote the opportunity for broad participation, at a minimum, notices and agendas for all general meetings of the LMS are posted through some combination of the following: newspaper ads or public service announcements; postings on county and municipal websites, announcements on the county's TV station (Channel 20), postings in county and municipal 1- 5 newsletters and calendars, and batched faxes and e-mailings to previous participants, For each meeting or activity, the methods of invitation used, along with attendee lists, and comments or contributions made, are documented in meeting summaries and posted in Appendix I. As appropriate, public and private sector organizational representation in subcommittee activities is sought as well. 1.4 JURISDICTIONAL ADOPTION OF THE LMS All jurisdictions wishing to participate in and share in the benefits deriving from the LMS program must complete and file a fully executed resolution (see Appendix H) which conforms with the adoption standards jointly established and amended by the Palm Beach County Board of County Commissioners and the LMS Steering Committee. 1.5 NEW JURISDICTIONS/ENTITIES In the event municipal jurisdictions are added, deleted, or merged within the county, the LMS will appropriately adjust its voting member rolls as necessary and require any newly defined jurisdictions to provide documentation necessary for participation in the program, 1- 6 2.0 GUIDING PRINCIPLES The LMS guiding principles are an expression of the community's vision of hazard mitigation and the mechanisms through which it is striving to achieve that vision. The principles address concerns of the community relative to natural, technological, and societal hazards. 2.1 METHODOLOGY In formulating the LMS planning process, several techniques have been employed. One involved a review of appropriate plans, policy statements, laws, codes, and ordinances of each participating local government. As part of this process, a survey was distributed to each local government. The surveys provided information about the jurisdiction's development plans and regulations, and hazard mitigation projects they have implemented. With 37 local governments involved, defining a community-wide vision becomes far more complex than one local government defining its mission for local hazard mitigation. Therefore, a facilitated discussion with the Steering Committee was conducted. Using this approach, a comprehensive list of hazards of concern to the local governments was developed. Based on the defined hazards, the Steering Committee through "brainstorming" identified areas of concern. This list included: loss of life loss of property community sustainability . health/medical needs sheltering . adverse impacts to natural resources (e.g., beaches, water quality) damage to public infrastructure (e.g., roads, water systems, sewer systems, stormwater systems) economic disruption fiscal impact recurring damage redevelopment/reconstruction development practices intergovernmental coordination public participation repetitive loss properties . historical structures These concerns, along with information generated from the inventory of local planning documents and ordinances, resulted in the mitigation goals and objectives established in Section 2.3. Palm Beach County's unified mitigation strategy is built upon a comprehensive base of processes including multi-jurisdictional hazard identification, risk and impact analyses, program capability assessments, operational and disaster experience and cost-benefit analyses. These processes, and their results to date, are described in Section 3 of the LMS and in the Situation Section of the Comprehensive Emergency Management Plan. These processes are applied on an ongoing basis and additions and changes will be reflected in revisions to the LMS plan. Hazards most likely to affect each of the county's jurisdictions, the risks those hazards pose to each jurisdiction, the impacts those hazards could have, jurisdictional capabilities to implement and support mitigation strategies, and cost-benefit analyses of mitigation strategies and 2-1 projects, are all integral considerations in developing, prioritizing and implementing mitigatlof' strategies and initiatives at the county and municipal leveL 2.2 PROCESS The strategy used for the development and revision process of the Palm Beach County Unified Local Mitigation Strategy Plan, consisted of the following tasks: 1, Public involvement 2, Coordination with other agencies or organizations 3, Hazard area inventory 4, Risk and Vulnerability Assessment 5, Coordinated and Integrated Programs and Plans within LMS 6, Review and analysis of possible mitigation activities 7, Continue Public Involvement to ensure a representative plan 8, Local adoption following a public hearing 9. Periodic review and update This hazard mitigation plan contributes to the overall mitigation strategy outlined above and illustrated in Figure 2.1 Planning Process Diagram. The Palm Beach County Unified Local Mitigation Strategy summarizes the activities to assess the effects of storm flooding, hurricanes, and all other hazards specific to our area and recommends mitigation activities, In following this strategy, all areas are addressed to reduce the amount of damage after a hazard occurs through mitigation efforts. Participation is encouraged by any individual, agency, organization and jurisdiction who would like to take part in the planning process defined in Section 1, All parties are encouraged to partake in the revision planning process completed at the "Steering Committee" meetings with suggestions, comments, involvement and feedback documented from all participants in the meeting summaries located in Appendix I starting from 2003. To ensure all jurisdictions, organizations, and the public are represented throughout the entire revision of the planning process, each meeting will be operated in accordance to Robert's Rules of Order. Appendix I will also include the invitation process located in each meeting summary along with jurisdictions, organizations, agencies, and the public in attendance. These procedures are in place to meet the overall objective of the LMS which is to have a plan representative of the entire county and to be a true Palm Beach County Unified Local Mitigation Strategy, The Disaster Mitigation Act of 2000 set new requirements to be met in all mitigations plans across the country. The LMS Working Group decided the work would be completed by the Administrative sub-committee, The Administrative sub-committee would be open to anyone who wished to participate, Direction to meet all new requirements would be discussed in the Administrative sub-committee. The direction was established through a series of sub-committee meetings, The sub-committee sent requests out to all communities to review and update charts, 2 - 2 and complete a narrative about mitigation initiatives within each community. In addition, all communities were asked to review new additions to the plan for comment and recommendation. However, the LMS Working Group, formerly known as the Steering Committee, would ultimately make the final decision, The public would be invited to all LMS Working Group meetings to comment before any changes were finalized within the mitigation plan. The meeting summaries from the revision process along with future meetings will be located in Appendix I. The revision process followed the steps illustrated above. Also a diagram below illustrates all the components that made up the new planning process for the Disaster Mitigation Act of 2000 requirements. The original planning process documenting public involvement can be located in Section 4.2. 2.3 MITIGATION STRATEGIES Palm Beach County's unified LMS encompasses diverse mitigation strategies, including, but not limited to: hazard elimination, hazard reduction, hazard modification, control of hazard release, protective equipment, establishment of haza rd warning/communication systems and procedures, redundancy of critical resources and capabilities, mutual aid agreements and public-private partnership initiatives, contract services and resources, construction and land-use standards, and training and education. 2.4 MITIGATION GOALS AND OBJECTIVES All mitigation goals and objectives must be consistent with the goals and objectives of the county and the individual jurisdictional comprehensive plans, codes and ordinances, as well as any other jurisdictional documents reflecting aspirations for the welfare, safety and quality of life of their citizens. In a county as large and diverse as Palm Beach County, no single list of mitigation goals is going to encompass every conceivable mitigation goal and objective. Moreover when these defined goals and objectives below are met, vulnerabilities to these identified hazards will be reduced or avoided. The overall objective is to reduce the vulnerabilities to hazards which directly affect Palm Beach County. Goals 1. To reduce the loss of life, property, and repetitive damage from the effects of natural, societal and technological hazards from all sources but especially, in the county, hurricanes, tornadoes, major rainfall and other severe weather events. 2. To achieve safe and fiscally sound, sustainable communities through thoughtful long-range planning of the natural and man-made environment. 3. To take preventative actions to reduce the number of repetitive loss properties published annually by FEMA on the list of "Repetitive Loss Properties". 4. To qualify the county and jurisdictions for incremental improvements on the Community Rating System classification in relation to flood insurance under the National Flood Insurance Program (NFIP) and to reduce flood hazards. 5. To optimize the effective use of all available resources by establishing public/private partnerships, and encouraging intergovernmental coordination and cooperation. 2-3 6. To increase the continual distribution of information on a consistent basis with respect to the existence of flood hazards and the availability of measures to mitigate the problems presented by such hazards. 7, To consistently increase the level of coordination of mitigation management concerns, plans and activities at the municipal, county, state and federal levels of government in relation to all hazards, 8, To establish a program that facilitates orderly recovery and redevelopment, and minimizes economic disruption following a disaster, 9, To ensure an enforceable commitment for the implementation of the local hazard mitigation strategy, The ultimate objectives of the LMS process are to: 1 ) Improve the community's resistance to damage from known natural, technological, and societal hazards; 2) Place Palm Beach County in a position to compete more effectively for pre and post-disaster mitigation funding; 3) Encourage strong jurisdictional, nongovernmental and public participation with all LMS activities; 4) Reduce the cost of disasters at all levels; and 5) Speed community recovery when disasters occur, Adoption of this strategy will provide the following benefits to both County and municipal governmental entities: 0 Compliance with Administrative Rules 9G-6 and 9G-7, Florida Administrative Code (F.A.C.), requirements for local comprehensive emergency management plans to identify problem areas and planning deficiencies relative to severe and repetitive weather phenomenon, and to identify pre and post-disaster strategies for rectifying identified programs; 0 Universal points from the National Flood Insurance Program's (NFIP) Community Rating System (CRS) Program for developing a Floodplain Management Program, which may help further reduce flood insurance premium rates for property owners; 0 Access to FEMA's Federal Mitigation Assistance grant program, which provides funding for pre-disaster mitigation projects and activities; 0 Compliance with the Disaster Mitigation Act of 2000 allowing Palm Beach County to compete competitively for grant money; and 2-4 0 Identify and prioritize projects for funding under the State of Florida's Residential Construction Mitigation Program, to help reduce losses from repetitive flooding damage. Objectives The Palm Beach County LMS accomplishes the following objectives: 1) Sets forth the guiding principles with which both the County and municipal governmental entities of Palm Beach County will address the issue of all hazard mitigation (Section 2.0, Guiding Principles); 1) Identifies the known hazards to which the county is exposed, discusses their range of impacts, and delineates the individual vulnerabilities of the various jurisdictions and population centers within the county (Section 3.0, Hazard Identification and Vulnerability Analysis); 2) Reviews and evaluates the existing legal, regulatory, and response framework currently in place to deal with hazard mitigation (Section 4.0, Inventory and Evaluation of Existing Hazard Management Goals, Policies, Procedures, Ordinances, Projects, and Activities); 4) Develops a detailed method by which the Palm Beach County community (municipalities and County government) can evaluate and prioritize proposed mitigation projects along with new federal requirements (Section 5.0, Project Prioritization Methodology); 5) Develops a conflict resolution procedure by which municipalities and county governmental entities can resolve any differences that arise over prioritized mitigation projects or mitigation strategies (Section 6.0, Conflict Resolution Procedures); 6) Develops the process and schedule by which this entire Unified Local Mitigation Strategy will be review and updated (Section 7.0, Review and Revision Procedures for the Palm Beach County Local Hazard Mitigation Strategy); 7) The Palm Beach County LMS encompasses all jurisdictional and county plans in relation to striving for mitigation projects that will lessen potential damage if a hazard occurs. 8) To receive countywide participation to ensure that all ideas and suggestions have been a part of the planning process. 2-5 . . . . . . . . . . . . VI.-CONSENT AGENDA ITEM C.4 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 c=J August 19,2008 August4,2008 ~oon) [gJ October 21, 2008 October 6, 2008 ~oon) c=J September 2, 2008 August 18, 2008 ~oon) o November 5, 2008 October 20, 2008 (Noon) 0 September 18, 2008 September 2,2008 (Noon) o November 18, 2008 November 3, 2008 (Noon) o October 7, 2008 September IS, 2008 ~oon) o December 2,2008 November 17,2008 (Noon) Q C) C')=i CO =i.-< (.I) -<0 0 AnnouncementslPresentations 0 City Manager's Report ", -0 n" NATURE OF 0 Administrative 0 New Business Co.) roo 1""10 AGENDA ITEM 0 ::l)-< [gJ Consent Agenda 0 Legal ="Sz 2> (1)-4 0 Code Compliance & Legal Settlements c=J Unfinished Business :z 0 02:: 0 Public Hearing 0 Q) -q .. ..,,- CJ1 ~ - "'t") :z: RECOMMENDATION: Grant a utility easement to Bellsouth Telecommunications, Inc" dba AT&T Florida, on the property known as "Police Station #2", whose address is 2210 South Congress A venue, Boynton Beach, Florida. EXPLANATION: The former Fire Station #2 currently is utilized by the Police Department as a storage facility for mobile equipment and back-up generators. In order to properly provide utility services, a new utility easement has been established along the north property line from the east right-of-way line of South Congress A venue to the existing building to allow AT&T Florida to properly service same, PROGRAM IMPACT: To allow greater inter-telecommunication service to the facility, FISCAL IMP ACT: None AL TERNA TIVES: Communication with the facility will continue via mobile telephone/radio service, ~. .p ~ }fl PiR~~rure City Manager's Signature ~ Assistant to City Manager Public Works / Engineering Division Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM ,DOC 1 I RESOLUTION R08- 2 I 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 GRANTING A l'TILITY EASEMENT TO 6 BELLSOVTH TELECOMMUNICATIONS, INC., DBA 7 AT&T FLORIDA ON THE PROPERTY KNOWN AS 8 "POLICE STATION #2"; AND PROVIDING AN 9 EFFECTIVE DATE. 10 11 WHEREAS. the former Fire Station #2 is currently utilized by the Police 12 Department as a storage facility for mobile equipment and back-up generators: and 13 WHEREAS, in order to properly provide utility services. a ne\'. utility easement 14 has been established along the north property line from the east right-of-way line of South 15 Congress A venue to the existing building to allow AT&T Florida to properly senice 16 same, 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 18 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 20 s being true and correct and are hereby made a specific part of this Resolution upon adoption 21 22 Section 2, The City Commission of the City of Boynton Beach. Florida does 23 ereby approve the granting of a utility easement from the City of Boynton Beach to the 24 ellSouth Telecommunications, Inc.. d/b/a AT&T Florida for the relocation of a utility 25 asement along the north prope11y line from the east right-of-way line of South Congress 26 venue to the existing building to allow AT&T Florida to properly service same. a COP) or 27 hich is attached hereto as Exhibit "A". 28 Section 3, This Resolution will become effective immediately upon passage I J - I! I 1 PASSED AND ADOPTED this _ day of October, 2008. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor - Jerry Taylor 7 8 9 Vice Mayor - Jose Rodriguez 10 11 12 Commissioner - Ronald Weiland 13 14 15 Commissioner - Woodrow L. Hay 16 17 18 Commissioner - Marlene Ross 19 ATTEST: 20 21 Janet M. Prainito, CMC 22 City Clerk 23 24 25 (Corporate Seal) 26 27 28 29 30 STATE OF FLORIDA COUNTY OF Palm Beach Preparer's name and address: Grantee's Name and Address BellSouth Telecommunications, Inc. d/b/a AT&T Florida Dan Harris 321 SE 2nd Street. Delrav Beach. FL 33483 7E830317N. 561988-6518 EASEMENT For and in consideration of ten dollars ($ 10,00 ) and other good and valuable consideration, the adequacy and receipt of which is hereby aclmowledged, the undersigned owner(s) of the premises described below, hereinafter referred to as Grantor, do(es) hereby grant to BellSouth Telecommunications, Inc., a Georgia Corporation, d/b/a AT&T Florida, and its parent and its and its parent's direct and indirect affiliates, subsidiaries, agents, attorneys, employees, officers, directors, servants, insurance carriers, licensees, successors, and assigns (hereinafter referred to as Grantee), an easement to construct, operate, maintain, add, and/or remove such systems of communications (including broadcast), facilities, stand by generators and associated fuel supply systems as a means of providing uninterrupted service during commercial power outages, and related items as the Grantee may from time to time deem necessary in the conduct of its business upon, over, along, and under a portion of the lands described in Deed Book , page, County, Florida Records, and, to the fullest extent the grantor has the power to grant, upon, over, along, and under the roads, streets, or highways adjoining or through said property, The said easement is more particularly described as follows: All that tract or parcel of land lying in Section 32 , Township 45 ---_.~ Range 43 , Meridian, County, State of Florida, consisting of a strip ofland See "Exhibit I" -_._-,-,-~---_. The following rights are also granted: the non-exclusive right to allow any other person, firm, or corporation to attach wires or lay cable or conduit or other appurtenances upon, over, and under said easement for communications or electric power transmission or distribution; ingress to and egress from said easement at all times; the right, but not the obligation, to clear the easement and keep it cleared of all trees, undergrowth, or other obstructions; the right, but not the obligation, to trim and cut and keep trimmed and cut all dead, weak, leaning, or dangerous trees or limbs outside the easement which might interfere with or fall upon the lines or systems of cOInmunication or power transmission or distribution; the right to relocate said facilities, systems of communications, or related services on said lands to conform to any future highway relocation, widening, or improvements; the right to test and maintain generators and associated equipment; and the right to allow any other person, firm, or corporation to provide for fuel/energy distribution to equipment placed on the site. To have and to hold the above granted easement unto BellSouth Telecommunications, Inc" d/b/a AT&T Florida and its parent and its and its parent's direct and indirect affiliates, subsidiaries, agents, attorneys, employees, officers, directors, servants, insurance carriers, licensees, successors, and assigns forever and in perpetuity. Grantor warrants that Grantor is the true owner of record ofthe above described land on which the aforesaid easement is granted. SPECIAL STIPULATIONS OR COMMENTS: The following special stipulations shall control in the event of conflict with any of the foregoing easement: ------~--~ "..~-~ ~-"---- -.---,.. - In witness whereof, the undersigned haslhave caused this instrument to be executed on the _ day of , Signed, sealed and delivered in the presence of: Name of Corporation Address: Print Name: Witness (Print Name) Title: Attest: Witness (Print Name) State of Florida, County of I HEREBY CERTIFY that personally appeared before me and acknowledged that he/she was the same, The foregoing instrument was acknowledged before me this _ day of , . by (name and title of officer) of (name of corporation), a corporation, on behalf of the corporation. He/she is personally known to me or has produced identification and who did/did not take an oath. Witness my hand and official seal in the County and State last aforesaid, this day of , My Commission Expires: Notary Public (print Name) Commission Number TO BE COMPLETED BY GRANTEE District RC Nire CenterlNXX ~uthorfty Drawing itIrea Number let Number IRWID Parcel 10 I'\pprovel iUe 2 Nwrnmrr.f ~--~-- ! -~~~ ~tti i1Tfi SCCTICW :J2/4S/4J STREET ~ it~ . +Ii'~'- "" O. b~ (pB ~ PAC( Wit) I 30 RONJ .t urV1r f~T i ~~ ~~t (flAT 8cXK JQ PAGe 39) I I ~__ .. - .m-r-- I h~ ---~ \ I1U -~ _f4.Q'~_ - \ l-~ --- - -.~~~CT C, CH?ISTfAN VIllAS PlA 7 NO I ~ (fl.A 1 <<J(K J5. PAGC 61) -~._~--~ _J ~~~JII \ ~~ UD~~I~t ~Jl ~ ~ ~ AT '~ I . S'fl'l[f b5!i6' O. Pas. p.ARCll 1 --~_. - "" ~~-[==(::r ...lML... b r ~ rQ.8p!J?(ILI '- (FlAT 8()CI(..1Q PACE Uql I I lwr-/'-' ----~-r'W. 21ST WA Y ~~~ afvWX 1m I I ~\ 1 H :; 6 U b . ~$. T R A C T " I I ill \~ I :;1 <> -- --- ~ ~ ~ ~ ~ oCO \ \--- ----- - 'e.\. I ,. b ~~ i ~~ <l ~ ~ ~\~ :J :~~ ~~ i ~ ~ ~!. \ ~~ ~ ~ ~ ~ ).., ~ I ~~ LOT 14. BLOCK 106, ",,,,~ '" ~"'~ B '1 ~ ~~~I R~r ~I 0 "~~ i ri , PI A T or TENTH SEe nON ~o ~ Z ~ PAi.M BEACH lflStRtVlLlE ~"" ~ '" ~ ~~ , ~~\ (rl.H /XXI< .IQ PACC U9) L--- -----co N C 1rli5 :;{ -f 0- reo "Ci t ? ~~~ ~ I: :::i~" ~~~ '" ~ h - '-- Of. ~ ~ --- ~ -,-- -- ~ \ ( .Jj'J \ l~ u;I aUf \ ~ G4S~1CR/ '-1' ~ -- ~-_._----~ --~ b ~ !ll r .. ; f D ~ I L__ - --- ---, -- t;;--;m;-;;~~~ -sn s;e"JU-lRaJ ~(' -_-----.---~-- ttf1HCAf> Jt8 J.SJ' -~~. ~ 18fr+9~--'~~~~~~catN6} -.~~~ ~ N:;~.~~~;yzrJrn I --,--- -~- i4CT rI-7 (NOT JM;W:;fD) f'LA I Of -..-.. me t+1TH TE~~1i SECTION PALM BUO-l LElSlJ?[VII :F L NeW? (f\....r BOCf( JD. PAGE lJ9) ~ WcP LEGEi'O. rkS{RIPTKYV PARCEL I (o.RB l'l51. PACE /54.9) OCSCR/PTlm PARCEL 2 (ORB ??Ol, PAGE 7(1 f ~ CENTfRU/'C "t.1lf Jf!!.''''; i'll,,'i,'cU rjj~ _1p:;,F,1; 7, ~ ,. A PARCEL Of L AM) IN SECTm 32, To.lI'N9lP 45 SOJIJi, RANGE A PARCEL OF LAMJ '" SECnav 32, IOWNSHP 45 SOOTH, RAN:;[ CrN:; ~ CClNCf?ETE 4J EAST, Cl7 Y IT BOYNTm B<ACH. PALM B<ACH COLNn; STA 7F 43 EAST, CITY or BOYNTON B<AOI. PALM EEAOI ClJtNTY, FlORiJA, Po.B ~ POINT OF eEGIMlM:: iff'- (F FLCRIOA, MOFIE PARTICUARl. Y a:SCRlBEo. AS raLOWS MOFIE PARTICUARl. Y OCSCRlBEO AS FQLOWS FROM TIE t-KRTHWEST CIJRtCR IT SECI/m 32. To.WNSHP 45 FROM TIE t-KRmwEST COF/f'CR IT SECTION J2, 10_ 45 rf/ "" FI?E Hr[1?AN7 ~r47tf'ffr/i/gMJr g/fJJ;~~~ i1W ~Ac% SOOT/i RAN;;[ 43 EAST, OTY or BOYNTON /f:AOI. PALM BEAOI 7.R ~ TfLE~ UIVIY 8O~ CaJIITr, FLORlJA, RtN SOUTH 1'02"40." EAST AL()M; TI-E WEST TIE WEST Lt-E or SECTION 32 AIlJ TIC CENTEf1l.t-E or TIE XJO LtC or SAD SECnav 32 AIlJ TIE CENTVat-E CT TIC W FOOT TV = CAaE lELEVlSIO^I (fTlITY 80' MAP or BOUNDAR! SURVEI FOOT I+U" RICHT or WA Y or CCfIGR[SS Av[_ A nSTMCE IT I\a RIGHT or WAY or CONGRESS AV[A!E A asTAIa or 212lJJ 21213/ ruT, Tff:1'K:E t-KRTH 87.34']2" fAST, A asTAi'KI or FEET; TJ-CN:E CEPARTn; FROM SAD WEST LI-C AM) FROM SAD TP ~ CONCRETE TRANSF~R PN! '~1?f8\' CfRrn THAT HIS SOOVEr lIo'AS UA.O[ LWU..v1 fI[5f'(;WSJ8Lf 0;.."", 50.0.1 FEET TO. IfC PONT or BEGMfNC; TIEta: CCNTN.,H:; CE:NTERLI-C /<KRTH 87"3432" EAST A asTANX or t;Q.Of FEH 'Vl M[[lS Thf K~ flCHICA, STAM:lAF?05 A5 5E r FORTH ay fiE !tORI,"" MJRTH 87"34'32" EAST, A D1STAIICE OF Inoo FE[7; TIEta: 10 TI-E NCRTHWESTERl. Y CCRrER AN) PO"" (F EEGtNN;;; pn fl A r 8CXJf< 'lOAf?[ll'O PR(JFESSJOfJA./ ~lPVErrJP~ >I.w Ai~Pf'rRS Iii DIA.P7fP 6/GP-6 r,'-f'- SOOTH 00"58'29- fAST. A asTANT IT 12!86 FEET; TICN:E TIEta: A/.(NG TIE 8CJI.NJARY AS FaLOv6 ';_:.uNl,I.>{;';~l dXl(, r'IP~:iMo{' ,., SFC'/ON .(?:;>(l;' ':_~K'J'" <;f"H'fl SOUTH 87".34'32- WEST. A DlSTAIICE OF /UOO FEEl TO A POM /<KRTH 8l".34'J2- CAST A [)($/ANCE (F 85.56 rEET.. llENCE POB ....- POrJl ur BtGN'lN.: 00 A LI'C PARALLEL TO AN) 50 FrET FRr:N Wl-EN I...cASLREO sa;TH 52.25'28- EAST A [)($T Ala or 12182 ruT; TIEta: So.; Ti. A T RIGHT AN:lI.E TO TIE WEST Lt-E IT SAD SECTJaI 32. TfENCE. 87"3432" IIf:ST A asTANCE or 88.49 rur.. Tff:ta: I'KRTH srCTIOV .32/45/4.1 .". SlCTI(K>.' J~.: iOWHSHf- AL{)f.K; SAJJ PARALLEl. LN:, A aSTAf'.K;t or t2l86 FEET TO I"(/Z'40- ~T A asTAIICE OF 12186 FEET TO TIE PONT OF c::;aJrH RANrI 4) EAST Tfl' POINT OF /f:G1/'NtK;, Af.{J BF:IN:: 9.B1:CT TO AN EASo.CN7 EEG/foN-K;, (JE:N; SlBECT TO. A Wl/TY EASD.CNT Olel TfC '....., F"Vl'''''/A v ,. IfnIITIrt: nvco TI..r I\Y'PTI-I TflRFi FFFT rr 7f-F FASTEfIl. Y 50 FEU Ai'O. TfE SanfERl. Y T:W!TEI T1E.REOF -- ..,. OVFRfCA{1 UTfi I? ~ l If,[ ( . .'~[Ii) ",'..'K_. ,It !.;, """ ri,'" .'.'," ,It a?/(,1N,(/I/.I,15(;,S!,l/ WA 'lORI{>' 'If:(H'I;f'fI$.UN[tO'lAAL'"A.PP;:1I VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.S 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 o August 19, 2008 August 4,2008 (Noon) ~ October 21, 2008 October 6, 2008 (Noon) n <:::I n-i 0 o November 5, 2008 CO ::c-< September 2, 2008 August 18,2008 (Noon) October 20,2008 (Noon) 0 -<~ n 0-" o November 18, 2008 -C o September 18,2008 September 2, 2008 (Noon) November 3, 2008 (Noon) I 100 1'1'10 C7' :2IJ-< o October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 17,2008 (Noo~ :Xx. .~ :x CAe 0% \D ""lClD .. :!1m 0 Announcements/Presentations 0 City Manager's Report N ~ ...... rI1.C') NATURE OF 0 Administrative 0 New Business :z:: AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Approve and authorize the City Manager to execute im agreement between the City of Boynton Beach and D.R. Horton, Inc wherein Horton agrees to not seek refund of $136,300.00 of impact fees for Knollwood PUD Park site and instead these funds will serve as surety for the construction of traffic actuated signal at the intersection of Gateway Boulevard and Quantum Drive. EXPLANATION: Construction of a traffic signal at Gateway Boulevard and Quantum Boulevard is a condition of approval borne by D,R, Horton as part of the development of Parkside Townhomes in Quantum Park. Surety for this work has expired and must be replaced, The Palm Beach County Traffic Division has determined that construction of the traffic signal is now warranted, Therefore, D,R. Horton is obligated to provide funding for signal construction in the amount of the original surety ($137,500) even though the surety has expired. This surety was based upon the premise that a span wire signal would be constructed. Simultaneously, through separate agreement dated February 28, 2006, the City is obligated to refund impact fees to D.R. Horton in the amount of $136,300. These impact fees were to be refunded to D.R. Horton upon completion of Knollwood Park, a park funded by D.R, Horton as part of the Knollwood Subdivision construction, The agreement sets forth that the City will retain the Knollwood Subdivision impact fees ($136,300) and apply these fees to the cost of traffic signal construction at Gateway Boulevard and Quantum Boulevard, City staff is proceeding with design of this traffic signal by the Palm Beach County Traffic Division, The signal design should be complete in three months and the signal construction will follow in the following six-month period, Many residents are anxiously awaiting this signal and this agreement will allow work to proceed, PROGRAM IMPACT: None FISCAL IMP ACT: The $136,300 impact fee funds will be allocated to the cost of City traffic signal construction at the intersection of Gateway Boulevard and Quantum Boulevard, The remaining cost of signal construction ($120,000 est.) will be funded with Transportation monies in the approved Capital Plan in the FY 2008/09 Budget. The signal cost has increased because new, post hurricane standards, requires placement of mast arm traffic signals instead of span wire assemblies. AL TERNA TIVES: Do not approve the agreement nor construct the referenced traffic signal. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM \ I . ~,) ..,~ .' -/ City Manager"s Signature t0~~\L< WC(~'> Assistant to City Manager _ ~ Department Name City Attorney;' Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC ] 2 RESOLUTION NO. R08- 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING AND 7 AUTHORIZING THE CITY MANAGER EXECUTE AN 8 AGREEMENT BETWEEN THE CITY OF BOYNTON 9 BEACH AND D.R. HORTON, INC., FOR TRAFFIC ]0 SIGNALIZATION; AND PROVIDING AN EFFECTIVE ] ] DATE. ]2 ]3 ]4 WHEREAS, construction of a traffic signal at Gateway Boulevard and Quantum 15 Boulevard is a condition of approval borne by D.R. Horton as part of the development of 16 Parkside Townhomes in Quantum Park; and 17 WHEREAS, the Palm Beach County Traffic Division has determined that ]8 construction of the traffic signal is now warranted; and ]9 WHEREAS, the attached agreement sets forth that the City will retain the Knollwood 20 subdivision impact fees of $136,300 and apply these fees to the cost of traffic signal 21 construction at Gateway Boulevard and Quantum Boulevard; and 22 WHEREAS, the City Commission of the City of Boynton Beach, upon 23 recommendation of staff, deems it to be in the best interests of the residents and citizens of 24 the City of Boynton Beach to approve and authorize the City Manager to execute an 25 Agreement between the City of Boynton Beach and D.R. Horton, Inc., for traffic 26 signalization. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed S:\CA \RESO\Agreements\DR Horton Traffic Signalization,doc - ] - I I as being true and correct and arc hcreb) made a specjjic part uf thIs Re')u]utlLlIl upon Jdnpll' \[1 ') hereof - 3 Section 2, Upon recommendation of staff the City Commission of the ('it) of 4 Boynton Beach, Florida does hereby approve and authorize the City Manager to execute an 5 Agreement between the City of Boynton Beach and D ,R, Horton. lne.. for traffic signalization. 6 a copy of which is attached hereto as Exhibit "A" 7 Section 3, That this Resolution shall become effective immediately upon passage, 8 PASSED AND ADOPTED this day of October. 2008, 9 10 CITY OF BOYNTON BEACH. FLORIDA ] I 12 - ~""~ ] 3 Mayor -- Jerry Taylor ]4 15 --~~--- ]6 Vice Mayor - Jose Rodriguez 17 18 '-'-. -~~~_.__._._--~ 19 Commissioner - Ronald ,^,,'eiland 20 21 _____u.__ _, ._._-----_.__.~-----_..._~ 22 Commissioner - Woodrow L. Hay ')0 _.' 24 --- -- ---- .-- - 25 Commissioner - Marlene Ross 26 27 ATTEST: 28 29 30 31 Janet M, Prainito. CMC Vl City Clerk -'- 33 34 35 (C orporate Seal) 36 S:\CA\RESO\Agreements\DR Horton Traffic Signalization,doc - ') - - AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND D.R. HORTON, INC. TRAFFIC SIGNALIZATION THIS AGREEMENT, which is made and entered into on the day of ,2008, by and between the CITY OF BOYNTON BEA(J:'!~Ea.municipal corporation in the State of Florida, ("CITY") and D.R. HORTON, INe. ("HOR.If5N"fboth being hereinafter referred to collectively as the "parties." .:if '<"'~" WITNESSETH: ;.~ . '~:. '":;::~j.::.~" -,.....-" ....---. - -- -.- -- -'"' - ~< '","-"""- -- --- -< ---- _.- --- WHEREAS, the City issued a Developm,~rder dat~d May 1 0, 2002~i&h granted a new technical site plan with waivers for a fee sinipl~ous~oject commonlF'eferred to as Quantum Townhomes East/West (aJk/a Parkside); and ~-:-...:: "'- ..;- WHEREAS, conditions 16 and ~Qf the Developmert€~{der required Horton to provide a traffic signal at Quantum Boulevard ~ess A venue ~.Quantum Boulevard and Gateway Boulevard; and \. .. __ .... _. .P:. -, ...""- - _.._~ WHEREAS, conditiuns 16 and 17 of~e~nditio~pproval did not specify or limit Horton's monetary ob1i~iu~espect to prtding trafficsignals; and WHEREAS-;s&seguent $the issuance ~the Development Order Palm Beach County Traffic Engineering mod~ ~~~tandards fgf signal requirements to require mast arm constructio~UH~~fspan ~~inst~;- . ,WHEREAS, tne?~unty' s$3Dg~. in design standards will result in a signalization cost higher~Ur.~~e costs antic~~ at tiTer issuance of the Development Order; and "VHE~t,..S, City a~ Horton entered into an Agreement on February 28, 2006, regarding the ~ood PU!fwhich required Horton to complete and thereafter maintain a park site in that develof3~t; a~' WHEREAS, ~rton, paid $136,300.00 to the City for impact fees related to Knollwood PUD"t and City was to refund Horton the aforementioned amount; and WHEREAS, City and Horton entered into an Agreement on February 28, 2006, regarding the Knollwood PUD, for which in exchange for the refund of impact fees in the amount of $136.300.00, Horton would be required to complete and temporarily maintain a park site in that development; and Page 1 WHEREAS, Horton has requested relief from the monetary impact resulting lron-' conditions 16 and 17 of the Development Order and the City has acquiesced to providing relicl as hereinafter set forth in this Agreement; and WHEREAS, Horton and City, through negotiations have reached an agreement 10 resolve all issues arising from the City's requirement for completion of signalization arising from the Parkside Development Order and the park and impact fees issues arising from the Knollwood PUD project. NOW, THEREFORE, in consideration of the mutu~~::covenants, promises, and representations herein contained, and for other good and valuaQl~sideration, the receipt and sufficiency of which the parties expressly acknowledge, the PJ!~ies h~~~8: agree as follows: 1. The foregoing whereas clauses are true,:.arii:tcorrect andin~9EPorated herein bv reference. 2, The parties intend, by execution OF:~~ agr~~ent, to settle all claims and disputes by each against the other. as they~~iate to this Agreement. 3. City accepts all maintena~~esponsibility for~J<nollwood POO Park Site and Horton is released from 'i:~er obligatiorr:::iB\ler the February 28, 2006 Agreement between the CitY~~Iid'Fi"CI~~;;,_ ':'::::: '"'_"""'_~'''''w_'^'''''''' 4. Horton and_Ci~~, agree that ~Q,lfwood":;$~~100.00 impact fee will not be refunded..:::::to-rhijiiit and will in~!ead be applied as surety funds for Horton's oblig~!i~iJ:~ for sign~J~construction'~sing from the Parkside project. ~",,,-,...,, ......",... "',,___ =-_.. "'O'_',,_~ ."'................' -~, ""'-"""'~ 5. Horton an~1!1B: '!:~~'"t!!fttJhe $139~bo.00 surety funds will be used by the City ,,:;;:~~~~f~;Lcost~~~~aT:c"7ons~~i)n, ,w,.~.,+ ..<......~_"....".,,'"."_..... ...,,,,__.., .."",v..-..~_""......~... _"","",,~ --...., "-," g'- City aclffiQ~~dges;':5qhe~City will assume construction costs, all responsibility <..'..,." for the ma~'EiifIn sign~~;d all liabilities that may result from the construction oJ -:~~:~;~~mast arn1 Sigiia:l1::and 1-iiflieu of a span wire signal. <<."^"'''''- =-..."" ,~<"",,,,~.,,..,., ~~'"......., ---....., ','''''''''''~' =...-'^~, ...,- ""''''''''''-~--' ..."'''''. 7. nQSQn will l;iive no other financial responsibility for signal construction at Gafii'B Bq,:!i!;l~vard and Quantum Boulevard or Congress A venue and Quantum Bou1ev1!t,s::i5iher than contemplated by using the $136,300,00 Kl1olhvood impact fees. 8, Should the City not have signal construction under contract within thirty-six (36) months~f . thi~aweelllent..1:'~~ii~~~!~~1J..(~~T.lS DEFINITION OF Ri4.;WliFl@iJiiil!;PI~$\0}~S!ml,!_Jill;~ilIlB8r8ilIl~''rmSA;@RBBM:ENT?), the City agrees to return the signal surety to Horton. 9. Horton agrees that this agreement serves as final resolution to all outstanding matters related to Knollwood Park impact fees, construction and maintenance of Page 2 Knollwood PUD Park, and resolution of matters pertaining to the specific portion of the Parkside Development Order related to signal construction on both Gateway Boulevard at Quantum Boulevard and Congress A venue at Quantum Boulevard. 10. In the event that any section, paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and at the same shall remain in full force and effect. -:..':::"" .........,. .- _' <O~ 11. It is hereby agreed to by the parties that no ~, of breach of any of the covenants or provisions of this Agreement sQ.a11be ~trued to be a waiver of any succeeding breach of the same or any ~the~~venan15l- . . ---- -- '- - -- 12. Except as otherwise provided herein, ,SY costs- or expenses (rn.~~fuding reasonable attorney's fees) associated with th~rcement~fthe terms an~~nditions of this Agreement shall be borne by the ~ectiv~ies. This propsion pertains only to the parties to the Agreement. .>_::" -- -.- 13. This Agreement shall be~strued by and go~ed by the laws of the State of Florida. Any and all legal ~cessary to en~~ Agreement will be held in Palm Beach County. No ~ed':~in conferrea:::~on any party is intended to be exclusive of any other r~edy, ~eh anfl:::""every such remedy shall be cumulative an.d..shall be in add~..:ro every~ remedy given hereunder or now or herea~ e}t~at law or i~quity or b;rstatute or otherwise. No single or partial..:eKercise Darty party o[:'1!Py right, power, or remedy hereunder shall preclffiIe~ other .~further exerci~ereof. 14. _.~niU>f the I'11~i6ns'-;t~~en;;ligations in this Agreement may be added to, _.:.- . .' moai.~uper~. or otherwise altered, except by written instrument executed _::.;::'.. by the paii~ereto-:..\...: 15':~=-:.The City an~rton ouncur that this Agreement sets forth the entire Agreement - . !;i~tween the pSies, and that there are no promises or understandings other than t~tated h~in. - -- IN WITNE~EREOF, the City of Boynton Beach has caused this Agreement to be signed in its corpo~ name by its Mayor and its corporate seal to be affixed hereto, attested by its City Clerk, and signed by Horton the date and year first above written. Signed, sealed and delivered in the presence of the following witnesses D.R. HORTON, INC. BY: Page 3 (signature) Title: --~_.._-- --,._----_._-~- ,---- - ~...- ." (print name) (signature) (print name) STATE OF FLORIDA ) ss: COUNTY OF BROW ARD ) _ _w',* I hereby certify that the foregoing instrum~~!ls ackm~~ledged before.tij~;~s _ day of , 2008, by -:::'-:::.i:;;..as President of D.R. HORTON 1nc. ....., ".'''''''''''''>'.'' .' He/She is personally known to me or has produced ^"."""''''''_..... ^._.,,~ as identification and did ""_""""H__ __~ .".._-." <"...,.." (did not) take an oath. -'.,.."....." - M j{ommissionexpires: ---- ATTEST: CITY~@~.:BOYNTON BEACH By: ----. Kurt Bressner City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: --- J ames A. Cheraf City Attorney Page 4 STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) I hereby certify that the foregoing instrument was acknowledged before me this _ day of , 2008, by Kurt Bressner, as City Manager of The City of Boynton Beach, Florida, a municipal corporation on behalf of the municipality. He is personally known to me or has produced as identification and did (did not) take an oath. Sign: -- """., Notary Public --'- .__. Print: -- -_.' -- -- --- ...-- My commission - -.- --- -_. Page 5 VI.-CONSENT AGENDA ITEM C.6. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\-.08 OCT -6 PH 3: 53 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 August 19, 2008 August 4, 2008 (Noon) ~ October 21, 2008 October 6, 2008 (Noon) o September 2, 2008 August 18,2008 ONoon) o November5,2008 October 20,2008 (Noon) o September 16, 2008 September 2, 2008 (Noon) o November 18, 2008 November 3,2008 (Noon) o October 7, 2008 September 15, 2008 (Noon) o December 2, 2008 November 17, 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: Motion to approve and authorize the execution of a Resolution approving Task Order No. U08-03- 07 in the amount of $31,775 to Brown and Caldwell to provide professional engineering services for Section C of the Raw Water Main Interconnect project. Additionally, approve an owner's contingency of 10% in the amount of $3,178 for a total budget appropriation of $34,953. EXPLANATION: The Business Case Evaluation for Water Supply Strategy, completed in February 2007, included the interconnection of the East and West wellfields by construction of a 6-mile long raw water main as one of the City's most critical water supply projects over the next 5 years. To expedite the design and permitting of the project, the 6-mile water main has been divided into 3 sections, so that each section can be designed, permitted, bid and constructed concurrently (rather than sequentially) with the others. Although this will take more effort to coordinate, it will significantly shorten the implementation schedule, and allow the City to have this line in place sometime in 2011. The task order under consideration involves the pre-design activity of route selection in Section C as shown on the map on page 1 of the task order. It will evaluate two alternate routes within this section C, reviewing the location of existing utilities, landscaping, and other obstacles when considering permitting and constructability features of the pipeline along each of the alternate routes before proceeding to firm design. Section C comprises the area between Congress Ave. and a point of connection to an existing raw water main on the west side of 1-95, with the alternate routes being within either the Woolbright Road or Golf Road public right-of-way. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.WC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: This project is a critical portion of the City's future water supply improvements program, to move partially treated water from the West Water Plant to the East Water Plant. FISCAL IMPACT: The cost for this route evaluation and selection phase of the project is $31,775, plus the 10% contingency, for a total commitment of $34,953. This project is included in the Capital Improvement Program budget, and funds are available in account no. 404-5000-590-96-01 (WTR 136). ALTERNATIVES: None. This :12:eqnired to meet the fnture demands of the "'f"ice area. ~ . ~ !~ o _~. ~~ epartment Head's Signature City Manager's Sign~ture Kofi A. Boateng, P.E. Kurt Bressner Utilities Assistant to City ~r L~ Department Name City Att~ney / Finance Attachment - Three (3) Original Task Order copies cc: ~ter Mazzella, Deputy Director of Utilities Michael Low, " Barb Conboy, Manager, Utilities Administration & Finance Christopher Roschek, P.E., Engineering Division Manager Karen Riseley, Contract Administrator File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC . I , , 1 RESOLUTION NO. R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING THE CITY 5 MANAGER TO EXECUTE TASK ORDER NO. U08-03- 6 07 WITH BROWN AND CALDWELL, TO PROVIDE 7 PROFESSIONAL ENGINEERING SERVICES FOR 8 SECTION C OF THE RAW WATER MAIN 9 INTERCONNECT PROJECT IN THE AMOUNT OF 10 $31,775.00 PLUS A 10% OWNERS CONTINGENCY IN 11 THE AMOUNT OF $3,178.00 FOR A TOTAL BUDGET 12 APPROPRIATION OF $34,953.00; AND PROVIDING 13 AN EFFECTIVE DATE. 14 15 16 WHEREAS, the Business Case Evaluation for Water Supply Strategy completed in 17 February, 2007, included in the interconnection of the East and West wellfields by 18 construction of a 6-mile long raw water main as one of the City's most critical water supply 19 projects over the next 5 years; and 20 WHEREAS, this proposed Task Order involves the pre-design activity of route 21 selection in Section C; and 22 WHEREAS, the City Commission of the City of Boynton Beach upon 23 recommendation of staff, deems it to be in the best interest of the citizens of the City of 24 Boynton Beach to authorize execution of Task Order U08-03-07 with Brown and Caldwell, 25 to provide professional engineering services for Section C of the Raw Water Main 26 Interconnect project in the amount of $31,775.00 plus a 10% owners contingency in the 27 amount of $3,178.00 for a total budget appropriation of $34,953.00, 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S ICAIRESOlAgreementslTask - Change OrderslBrown and Caldwell U08-03-07 (Section C).doc 1 1 Section 1, The foregoing "\\'hercas" clauses are hereby ralilicd and contirl1lul ch 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. 4 Section 2, The City Commission of the City of Boynton Beach. Florida does 5 hereby approve. authorize and direct the execution by the City Manager of Task Order l108- 6 03-07 with Brown and Caldwell, to provide professional engineering services for Section (. 7 of the Raw Water Main Interconnect project in the amount of$31.775.00 plus a lOoio llvmers 8 contingency in the amount of $3.178,00 for a total budget appropriation of $34.953.00. a 9 copy of which is attached hereto as Exhibit "A"'. 10 Section 3. This Resolution shall become effective immediately upon passage. 11 PASSED AND ADOPTED this day of October. 2008. ~ . ---- 12 CITY OF BOYNTON BEACH. FLORrDA 13 14 -~----~----- 15 Mayor - Jerry Taylor 16 17 ------ 18 Vice Mayor - Jose Rodriguez 19 20 --~~- 21 Commissioner - Ronald Weiland 22 23 -~---- 24 Commissioner - \\'oodrow L. Hm 25 26 ------~----.-.. -----~--,---- 27 Commissioner - Marlene Ross 28 ATTEST: 29 30 31 Janet M, Prainito. CMC 32 City Clerk 33 34 (C orporate Seal) S \CA\RESO\Agreements\TasK Change Orders\Brown and Caldwell U08-03-07 (Section C),doc 2 II Task Order No. U08-03-07 Raw Water Main Interconnect - Section C A. Background The City has capacity to treat more raw water at its East Water Treatment Plant (EWTP); however the raw water must be transported to the East Water Treatment plant from the well fields near the West Water Treatment Plant (WWTP). Therefore, the City desires to interconnect the two water treatment plants. The City plans to design and construct this raw water main in four phases: 1. Section A - From the WWTP to Military Trail and Woolbright Road (or Golf Road, if needed). 2. Section B - From Military Trail east to Congress Ave (either down Woolbright Road or down Golf Road) 3. Section C - From Congress Ave to 1-95 (either down Woolbright Road or down Golf Road) 4. Existing Facilities - Under 1-95 to the EWTP down Woolbright Road It is anticipated that a 30" or 36" ductile iron or high density polyethylene water main will be needed for sections A, B and C. For the purposes of this study, it will be assumed that a 36-inch diameter pipe will be constructed. This proposal is for the design of Section C which will be investigated in the following two phases: 1. Route analysis and recommendation 2. Design, plans, permitting, assistance during construction, and certification This proposal is for the first phase, the route analysis and recommendation, for Section C, from Military Trail to Congress A venue (either down Woolbright Road or down Golf Road) as shown on the sketch above in the solid yellow line labeled Section C. T ASK ORDER NO. 08-03-07- Raw Water Main Interconnect- ,::;eC1l0111~ ..u '__0,"",".."" B Scope of Services for Phase I - Route Analysis The CONSULTANT wi]] investigate the existing conditions and recommend either AJternativt' #1 (Woolbright Road) or Alternative #2 (Golf Road) for Section C of the proposed water main between the East Water Treatment Plant and the point of connection, The following items are included: I. Obtain documents of record, where available. related to the existing conditium including utility company record drawings. roadway plans. proposed improvements. right-of-way maps. Review available utility plans, atlases. and maps of the area for locatiun of existing utilities. Coordinate the proposed facilities with existing utility alignments tn avoid conflicting routings to the extent possible, , Perform site investigation activities including field reconnaissance of the pwject area tl' -. verify water line, sanitary sewer, and other utilities locations and alignments are consistent with those shown on utility record drawings to the extent determinable by visual observation at grade. Document surface details such as fences, sidewalks, walls. curbs, vegetation, sign poles, etc. to the extent that they are visible and may be materially affected by the construction of the proposed improvements, 3. Coordinate with the stakeholders regarding the project to include the following: a. City staff b. County roadway department regarding the installation of this water main \vithin their right of way, any future plans for these rights of way. the permit process. maintenance of traffic c. Utility departments regarding relocation of their existing facilities. if needed, Coordination with the up to 8 utilities (such as FPL, Bell South, Gas, Cable TV. PBC Traffic) is anticipated, d. The consultant for Section B regarding the connection to that segment end point at Congress A venue, 4, Review the data and recommend which of the two alternative alignments is preferable, 11 is anticipated that a decision matrix will he used to conclude which alternative \vill be preferable with the items to be included in the decision matrix to be determined and weighted during the project and with City staff approval but will likely include items such as: Utility Impacts, Maintenance of Traffic/Public Safety. Constructability/Roadway Impacts. Permitablity. Right of Way Impacts. Community Impacts. Environmental Impacts. and Constructillll Costs, 5, Prepare and submit three copies of the Summary Report uf the findings and recommendations to include the following: a. Summary of the findings along each of the two alternative corridors to incl ude a listing of the potential conflicts and photographs, Digital photographs will be collected and presented (4 per page) at approximately 200 foot intervals along the two alternative routes, Additional photos will be collected at points of conflict TASK ORDER NO, 08-03-07- Raw Water Main Interconnect - Section C b. Copies of the record drawings, roadway plans, etc. that are obtained c. A sketch of the key features (on County aerial photographs at 1 "=200' scale on 11x 17 paper) to graphically depict the features found along each of the two corridors with a general alignment indicated d. Recommendations 6. Two review meetings with the City staff to present our findings, review our approach to the analysis, decision matrix items and weights, and recommendations. c. Assumptions In addition to the work items discussed above, the following assumptions were made in establishing the scope of this Amendment and associated fee. Changes and/or modifications in the above work items or these assumptions are considered an Additional Services Item under the terms of the contract. Assumptions include: 1. This analysis will investigate only the east west corridors along Woolbright Road and Golf Road. It is assumed that both routes for Section C will begin on the west side of Congress A venue. The north-south corridor along Congress A venue between Woolbright Road and Golf Road and Corporate Drive will not be included. 2. This recommendation will address the general corridor to be designed; however, the exact placement of the proposed pipe within this corridor will need to be designed and determined in the final design phase of the project. 3. The CITY will provide copies of any records in their possession regarding existing facilities in the vicinity (atlases, plans, record drawings, easements, etc.). 4. The following items are not included in this proposal: subsurface utility locations, boundary survey, geotechnical investigation, title search, detailed cost estimating. 5. No interim booster pump station is included in this Section. 6. This Phase is to recommend an alignment only, no design, plans. permitting, specifications, etc. are included in this Phase. 7. Survey and acquisition of any easements are not anticipated and are not included in this Phase. 8. Attendance at public meetings or hearings associated with public involvement or with permits applied for in support of the project is not included in this Phase. 9. The design is to be based on the local codes and standards in effect at the beginning of the project. Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services item. 3 TASK ORDER NO. 08-03-07- Raw Water Main Interconnect -- Section C --...,,..., D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated November 18. 2003 between tht City of Boynton Beach and Brown and Caldwell and extended by the City Commissi(1J1 on February 21. 2006 (Resolution R06-(50) and extended a second time by the City Commission ill1 February 19.2008 (Resolution R08-027I, E. Additional Services The following are examples of some specific Additional Services Items that may be required. but are not included within this Task Order. Generally. a condition contrary to the work description in Section B or assumptions of Section C (upon which the design fee is based) is considered an Additional Services item, Examples include: I. Development of property descriptions of easements. road right-of-ways. ell" _ Preparatllll1 of right-of-way or easement boundary surveys, '1 Threatened or endangered species and species of special concern permitting. -. Environmental Impact Statements. or relocation worL 3. Archeological/Historical preservation permits, studies, or reports, 4. Analysis of additional corridors, 5. Design modifications to the Construction Contract Documents (i,e.. change orders) required during construction, These and other services can be provided, if desired by the CITY. under separate Task Order( s I or by an amendment to this Task Order. Services performed will be on an as-directed basis in accordance with a written Notice to Proceed from the CITY. F. Obligations of the CITY I. The CITY shall provide the CONSULTANT in a timely manner, record data and information related to the sewer system. water distribution system and streets within the project as necessary for all the performance of services specified herein, '1 The CITY shall review all drawings and other documents presented by CONSULTANT and obtain advice of an attorney. insurance counselor. and others as CITY deems appropriate for such review and render decisiom pertaining thereto within reasonable time so as not to delay the services of CONSULTANT. G. Compensation In accordance with the above mentioned Agreement. compensation by the CITY t(1 the CONSUL T ANT will be on a lump sum basis, The estimated time and compensation for the services described in this Task Order are as shown in Exhibit A. attached, 1 TASK ORDER NO, 08-03-07- Raw Water Main Interconnect - Section C H. Schedule The CONSULTANT will commence design and permitting services upon receipt of written authorization and will complete all work associated with this Task Order in accordance with the attached schedule shown on Exhibit B. 5 TASK ORDER NO. 08-03-07- Raw Water Mam Interconnect - Section l~ AUTHORIZA TIO!\ APPROVED BY: CITY OF BOYNTON BEACH DA TED this day of ,2008 CITY OF BOYNTON BEACH Brown and Caldwell (J2g :1~ ~ ' Kurt Bressner Albert Basulto City Manager Office Manager Attest / Authenticated: City Clerk Approved as to Form: Attest / Authenticated: ________._M_."._ Office of the City Attorney Secretary / Notary {I I:.xnibit A Project Budget Task CSM Senior Senior Enginer Designer Office Total Total Expenses Total PM Engineer Support Hours Labor Billing Rate $ 190 $ 175 $' 120 $ 75 $ 80 $ 75 1 Data Gathering Kick Off Meeting I Request for Information 2 0 4 0 0 2 Request I Review Record Drawings 0 0 4 12 0 0 Obtain PBC Aerial Maps 0 0 0 4 0 0 Prepare Alternate Route Alignments Figure 2 0 4 8 16 0 Subtotal Task 1 4 0 12 24 16 2 58 $ 5,430 $ 600 $ 6,030 2 Site Investigation Field Investigation 4 0 0 12 0 0 Prepare Photo Documentation of Routes 0 0 0 6 8 0 Document utility conflicts 0 0 8 12 4 0 Subtotal Task 2 4 0 8 30 12 0 54 $ 4,930 $ 500 $ 5,430 3 Coordination with Stakeholders Review Permitting Requirements 0 1 4 8 0 2 Review MOT Requirements 0 0 2 0 0 1 Utility Relocation Requirements and Proc, 0 0 4 8 0 2 Coordination with Consultant B 2 0 4 0 0 2 Subtotal Task 3 2 1 14 16 0 7 40 $ 3,960 $ 400 $ 4,360 4 Review and Recommendations Preparation of Decision Matrix 2 2 10 0 8 0 Cost Development 0 2 6 8 0 4 Subtotal Task 4 2 4 16 8 8 4 42 $ 4,540 $ 400 $ 4,940 5 Utility Cost Sharing Contact utilties / summarize 0 0 0 0 0 0 Subtotal Task 5 0 0 0 0 0 0 0 $ - $ - $ - 6 Summary Report Summary of Investigation 2 1 8 8 4 8 Graphical Representation 0 0 8 4 8 0 Summary of Conflicts 0 1 4 2 0 2 Recommendatins 2 1 2 0 0 2 Subtotal Task 6 4 3 22 14 12 12 67 $ 6,835 $ 750 $ 7,585 7 Review Meetings Two Meetings with minutes 0 4 6 0 0 2 Subtotal Task 1 0 4 6 0 0 2 12 $ 1,570 $ 150 $ 1,720 8 Project Management Project Management 0 0 8 0 0 8 Subtotal Task 1 0 0 8 0 0 8 16 $ 1,560 $ 150 $ 1,710 Subtotal Labor Hours 16 12 86 92 48 35 289 $ 28,825 $ 2,950 $ 31,775 Subtotal Labor Cost $ 3,040 $ 2,100 $ 10,320 $ 6,900 $ 3,840 $ 2,625 $ 28,825 Total $ 31,775 Exhibit B Proposed Project Schedule IWeeks from Notice to Proceed Task 1 - Obtain Record Drawings Task 2 - Field Reconnaissance - Task 3 - Coordinate with Stakeholders Task 4 - Data Review Task 5 - Investigate Conduit Sale Task 6 - Prepare Summary Report Task 7 - Review Meetings .. .. VI.-CONSENT AGENDA ITEM C.7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM C:) <::::) ("';-1 00 ::::j-< Requested City Commission Date Final Fonn Must be Turned Requested City Commission . <::) --<t:l Date FInal Fonn Must te")"ume~ 'Tl Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's <Jmt:e ,00 I f"l'lO o August 19, 2008 IZI October 21, 2008 0'\ :::a -< August 4, 2008 (Noon) October 6, 2008 (Noon) ~Z -U (/'J -I o November 5, 2008 :x C> o September 2, 2008 August 18, 2008 (Noon) October 20,2008 (Noon>.&:- ~% .. ~ o September 16,2008 September 2, 2008 (Noon) o November 18, 2008 November 3, 2008 (Noo~ ~ :c o October 7, 2008 September 15, 2008 (Noon) o December 2, 2008 November 17,2008 (Noon) 0 AnnouncementslPresentations IZI City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve and authorize the City Manager to sign Task Order no. U07-15-04 to Metcalf and Eddy in the amount of $515,406 for route evaluation of Section A of the Wellfield Interconnection line, and preliminary design of the Ion Exchange system with transfer pumping station at the West Water Treatment Plant. Additionally, approve an owner's contingency of 10% in the amount of $51,541 for a total budget appropriation of $566,947. EXPLANATION: The Water Supply Strategy adopted by the City in 2007 includes the construction of an approximately 6-mile long transmission main connecting the East and West wellfields for the purpose of moving water from the western wellfield to the East Water Treatment Plant; and also includes a pumping station and an ion exchange treatment system for removing color and organic matter from the raw water. This approach is intended to provide 16-20 million gallons per day of raw water to the East Water Treatment Plant, thereby allowing it to utilize its entire installed capacity. The plant's output is currently restricted due to a limited supply from the East wellfield. This task order will enable the prime consultant, Metcalf and Eddy (M&E), to evaluate potential routes for section A of the wellfield interconnection main, beginning at the West Water Treatment Plant site, and progressing to the intersection of Military Trail and Golf Road. In addition, M&E will use Boyle Engineering to study and develop a preliminary design for the necessary ion exchange units, filters, and pumping station, all to be located at the West Water Treatment Plant. The ion exchange pre-treatment system is absolutely essential for the removal of color and organic constituents in the raw water. Those constituents are being removed at the West Water Treatment Plant so as to dispose of the concentrated byproduct into the existing deep injection S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM well located there. The East Water Treatment Plant's process is not capable of reducing the relatively high concentrations of color and organic constituents found in the water from the West wellfield. PROGRAM IMPACT: The work to be performed under this task order is a critical component of assuring the City's future water supply. It is one of the critical path projects to assure that sufficient capacity is in place to meet future demands. FISCAL IMPACT: The cost for this route evaluation and selection phase of the project is $515,406, plus the 10% contingency, for a total commitment of $566,947. This project is included in the Capital Improvement Program budget, and funds are available in account no. 404-5000-590-96-01 (WTR 136). An itemized list of costs, by task, is included in the task order. ALTERNATIVES: This task is critical to the Water Supply Strategy, and could not be changed at this time without revisiting the City's long-term plan. . \ ,~, .k~-~ \- ).,~ J1~~~~ { "'''V A--- ' \ 'Department Head's Signature . - . "- CIty Manager's SIgnature Kofi A.Boateng, P.E. Kurt Bressner Assistant to City Manager ~ UTILITIES €bA- .. Department Name City Attomfy / Finance xC: Pv- Peter Mazzella, Deputy Director of Utilities Michael Low, " Christopher Roschek, Division Manager, Utilities Finance Dept. File S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING THE CITY 5 MANAGER TO EXECUTE TASK ORDER NO. U07-15- 6 04 WITH METCALF AND EDDY, FOR ROUTE 7 EV ALUA TION OF SECTION A OF THE WELLFIELD 8 INTERCONNECTION LINE IN THE AMOUNT OF 9 $515,406.00 PLUS A 10% OWNERS CONTINGENCY IN 10 THE AMOUNT OF $51,541.00 FOR A TOTAL BUDGET 11 APPROPRIATION OF $566,947.00; AND PROVIDING 12 AN EFFECTIVE DATE. 13 14 15 WHEREAS, the Water Supply Strategy adopted by the City in 2007 includes the 16 construction of an approximately 6-mile long transmission main connecting the East and 17 West wellfields for the purpose of moving water fro the western wellfield to the East Water 18 Treatment Plant; and 19 WHEREAS, this proposed Task Order will enable the prime consultant, Metcalf and 20 Eddy to evaluate potential routes for Section A of the wellfield interconnection main, 21 beginning at the West Water Treatment Plant site and progressing to the intersection of 22 Military Trail and Golf Road; and 23 WHEREAS, the City Commission of the City of Boynton Beach upon 24 recommendation of staff, deems it to be in the best interest of the citizens of the City of 25 Boynton Beach to authorize execution of Task Order U07-l5-04 with Metcalf and Eddy, for 26 route evaluation of Section A of the wellfield interconnection line in the amount of 27 $515,406.00 plus a 10% owners contingency in the amount of $51,541.00 for a total budget 28 appropriation of $566,947.00. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: SICAIRESOlAgreementslTask - Change OrdersIMelcaij and Eddy U07-15-04 (Section A).doc 1 1 Section l, The foregoing "Whereas" clauses are hereby ratitied and conjirmed as 2 being true and correct and are hereby made a specific part of this Resolution upon adoptlon 3 hereof. 4 Section :2, The City Commission of the City of Boynton Beach, Florida does 5 hereby approve, authorize and direct the execution by the City Manager of Task Order l :0;- 6 15-04 with Metcalf and Eddy, for route evaluation of Section /\ of the \\elltield 7 interconnection line in the amount of $515A06,OO plus a 1 O~/O owners contingency in the 8 amount of $51.541.00 for a total budget appropriation of $566,947,00, a copy of whlch is 9 attached hereto as Exhibit "A", 10 Section 3. This Resolution shall become effective immediately upon passage. 11 PASSED AND ADOPTED this day of October. 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 ATTEST: 29 30 --_.- 31 Janet M, Prainito, CMC 32 City Clerk 33 34 (Corporate Seal) S \CA\RESOlAgreemenls\Task . Change Orders\Metcalt and Eddy U07 15.0~ (Secllon Ai doc ! 2 I METCAlF&EDDY\! (O!"\! I TASK ORDER # U07-15-04 September 3, 2008 FEE PROPOSAL AND SCOPE OF SERVICES CITY OF BOYNTON BEACH RAW WATER MAIN INTERCONNECT SECTION A AND PRELIMINARY DESIGN SERVICES AT THE WEST WATER TREATMENT PLANT A. BackQround The City of Boynton Beach (City) has excess capacity to treat raw water at its East Water Treatment Plant (EWTP); however the raw water must be pre-treated and then conveyed to the East Water Treatment plan from the well fields near the West Water Treatment Plant (WWTP). Therefore, the City desires to interconnect the two water treatment plants to convey average day flows to the i EWTP of 16 mgd and future flows of 20 mgd and to provide for pre-treatment. II The City plans to design and construct this raw water main in four phases: :1 1. Section A - From the WWTP to Military Trail and Woolbright Road (or Golf Road, if needed). 2. Section B - From Military Trail east to Congress Ave (either down Woolbright Road or down Golf Road) 3. Section C - From Congress Ave to 1-95 (either down Woolbright Road or down Golf Road) 4. Existing Facilities - Under 1-95 to the EWTP down Woolbright Road I L_ ~--------- -.. 1 . -- -- - .,-..- ----~_...-.- -'-"--'--"'--~-,- METCALF & EDDY It is anticipated that a 24" or 30" ductile iron or high density polyethylene water main will be needed for sections A, Band C, The first part of this proposal is for Section A which will be investigated in the following two phases: 1, Route analysis and recommendation 2. Design, plans, permitting, assistance during construction, and certification This proposal is for the first phase, the route analysis and recommendation, for Section A, from the West Water Treatment Plant, south to either Woolbright Road or Golf Road (either along South Military Trail or alternately along local roads or easements) as shown on the sketch above in the dashed green line labeled Section A. In addition as presented in the second part of this proposal, Metcalf & Eddy (M&E) and our sister company Boyle Engineering (BOYLE) will be performing preliminary design for a pre-filtration, anion exchange, and booster pump station for the surficial wellfield raw water prior to conveyance in the transmission main. Therefore, the City of Boynton Beach has requested that M&E and Boyle (together referred to as Consultant herein) prepare this fee proposal to prepare a Route Analysis for the raw water interconnect Section A and a Preliminary Design for the Biscayne Wellfield raw water at the west WTP with Boyle Engineering. B. Scope of Services 1.0 Project Management 1.1 ManaQement Project Management activities comprise contract administration, coordination of project staff, monitoring of progress and project costs, and maintaining a project Quality Management System during the project. These activities occur from project inception to closeout for overall project tasks. M&E will be the primary manager for all tasks. 1.2 Qualitv Assurance! Qualitv Control As part of Consultant's compliance with ISO 9001 certifications and QNQC engineering practices, we will be conducting internal value engineering and QNQC meetings at the 10%, 30%, and 90% completion milestones for the project to enhance value to the City. Results will be incorporated into the deliverables. 'I \ 2 ---- --,--- ~- . -~_.._-_._-- - ....-- ..- _._._-~- I I METCAlF&EDDY At (OM I 2.0 Engineering Services: Section A. Route Analysis I I . 2.1 Section A - Route Analysis Consultant will investigate the existing conditions and recommend either Alternative #1, south along Military Trail, or Alternative #2 local roads or easements between the West Water Treatment Plant and the point of connection at either Woolbright Road or Golf Road. The analysis consists of the following items: 2.1.1 Obtain documents of record, where available, related to the existing conditions including utility company record drawings, roadway plans, proposed improvements, and right-of-way maps. Review available utility plans, atlases, and maps of the area for location of existing utilities. Coordinate the proposed facilities with existing utility alignments to avoid conflicting routings to the extent possible. Where available make record of topography and pipe depth locations which may affect pipe route. 2.1.2 Consultant will prepare a specific purpose base map and shall consist of the following: . Specific purpose survey will be within the rights of way and will not extend outside said rights of way . Locations of visible above ground improvements and surface evidence of underground utilities will be located . Base map will contain approximate rights of way lines and adjacent ownership parcels and notations. I 2.1.3 Perform site investigation activities including data collection of the project i area to verify water line, sanitary sewer, and other utility locations and alignments are consistent with those shown on utility record drawings. Document in narrative form surface details such as fences, sidewalks, II walls, curbs, vegetation, sign poles, etc. to the extent that they are visible II " and may be materially affected by the construction of the proposed II improvements. 2.1.4 Coordinate with the stakeholders regarding the project to include the following: . City staff I . County roadway department regarding the installation of this water main within their right of way, any future plans for these rights of way, the permit process, maintenance of traffic . Utility departments regarding relocation of their existing facilities, if needed. Coordination with the up to 8 utilities (such as FPL, Bell South, Gas, Cable TV, Palm Beach County Traffic) is anticipated. I 3 METCALF & EDD'! . The consultants for Section B regarding the connection to that Section at Military Trail. 2.1,5 Review the data and recommend which of the two alternative alignments is preferable. It is anticipated that a decision matrix will be used to conclude which alternative will be preferable. The items to be included in the decision matrix will be determined and weighted during the project and with City staff approval but will likely include items such as: Utility Impacts, Maintenance of Traffic/Public Safety, Constructability/Roadway Impacts, Permitablity, Right of Way Impacts, Community Impacts, Environmental Impacts, and Construction Costs 2.1.6 Permitting Information: In the Technical Memorandum Consultant will present a table identifying the permits, agencies, contacts, anticipated schedule for obtaining the permit, and associated permit fees for each agency. Permitting activities with the following agencies are anticipated: . Palm Beach County Department of Health (PBCDOH) permit for constructing a water main . FOOT for crossing Boynton Beach Boulevard (SR 804) . Lake Worth Drainage District for canal route alternative 2.1.7 Prepare a technical memorandum of the findings and recommendations to consist of the following: . Summary of the findings along each of the two alternative corridors to include a listing of the potential conflicts and photographs . Copies of the record drawings, roadway plans, etc. that are obtained . A sketch of the key features (on County aerial photographs at 1"=200' scale on 11 x17 paper) to graphically depict the features found along each of the two corridors with a general alignment indicated . Recommendations for the preferred route . Deliverables: Consultant will provide the City three sets of the draft and final technical Memorandum in hard and electronic copy. 2.1.8 Meetings: Two review meetings with the City staff to present our findings, review our approach to the analysis, decision matrix items and weights, and recommendations for the route analysis, 3.0 Preliminary Design at the West WTP Surveyinq: Consultant will use the existing survey information and electronic site plan of the Western Water Treatment Plant (WTP) provided by the City of Boynton Beach (City) to develop a new base map of the site with the new treatment elements, 4 METCAlF&EDDY ,\ECOM 3.1 Western Wells - Sand Issues II 3.1.1 It is Consultant's understanding that fine sand intermittently comes from ! various production wells that are part of the City's western wellfield. The sand production from the wells would be best solved in situ because it I would eliminate pre-filtration requirements. The Consultant will review the II well construction details, lithology and geophysical logs and operation schemes for each of the western well field production wells. This will be I conducted to identify if the production zone of any well transects a sandy interval(s) or is sand production a consequence of well construction issues I or operational schemes. 3.1.2 After a thorough review of the information provided, the Consultant will prepare a technical memorandum summarizing our findings and recommendations. 3.1.3 One meeting with City staff to review the technical memorandum and staff comments. 3.1.4 Prepare final draft of the technical memorandum incorporating the staff comments. 3.2 Process Study - Split Treatment -Work effort on this task will not II commence until specifically authorized by the City's proiect I' representative. .! Ii II 3.2.1 Preview water quality data at West Wells and at Lime Softening WTP and I I estimate potential for enhanced softening for greater color and organic I removal. I II II 3.2.2 Determine the potential for split treatment and blending for ultimate capacity sizing of the anion exchange system. Consultant will use TOC, II color and Disinfection Byproduct (DBP) formation potential as criteria, I This scope item will include some DBP formation potential testing for I various blends. I In this task the intent will be to determine how much west well field water II II needs to be treated by IX process to lower color and TOC. Any by-pass r of the IX process means a smaller foot print of the new process but also I means more work for the lime softening plant to do. However, the lime softening (LS) process will naturally remove some color, plus there will be :i a normal, best and worst case blending with the east well field water. ! i Each of these scenarios will result in different colors in the final product I I water. I 5 METCALF & EDD\ Additionally, there is potential for the LS process to be modified to enhanced softening which will increase the LS plant to remove greater amounts of color and some TOC, Enhanced LS does not require capital costs, unless recarbonation is not part of normal existing process, From experience and jar testing, Boyle will be able to determine the potential for enhanced LS to remove color, These results can be matched with the likely blend scenarios of east and west well filed water plus the IX by-pass ratios to determine realistic process goals for estimating costs. While the IX size and footprint will determine capital costs and regeneration of resin for operating costs, so will the enhanced softening determine increases in operating costs for lime, C02 and sludge handling, (Enhanced softening means raising the pH of softening to 11 and recarbonation with C02 down to normal filtration pH range which is about 9. Further extra lime dosage means more sludge.) Theses costs can then be compared on a desktop basis to determine a best course to optimizes the existing system complemented with new equipment for the best process design at the lowest costs, Since there will be a mix of capital and operating costs, the cost comparisons will need to be developed on a present worth basis. 3.2.3 Evaluate the chloramine disinfection strategy in the East Lime Softening plant. The ammonia and chlorine additions will need to be reversed in order and this will be desk top studied for Contact Time (CT) compliance as well as compared to the OBP formation potential testing for projected OBPs with chlorine added first to softened-settled water. Tracer testing will not be done until required by DEP, if necessary. In this subtask, we will evaluate disinfection credits where the OEP rules following disinfection guidelines by CT credits allow for disinfection time only in covered tanks and with chloramines, where the chlorine has to be added first and ammonia second. In South FL, DEP has told some utilities that they cannot take credit for times by chloramines when ammonia is added first (done to avoid any formation of THMs), With the advent of significant color and TOC removal by the addition of the west well field water, there is potential for more chlorine tolerant water, that is, we may be able to achieve disinfection credits with free chlorine before combining with ammonia to form chloramines, This might present new possibilities if the existing plant does not have covered filters, for example where disinfection credits are normally sought. This work will need to be coordinated with others adding additional finished water storage. 3.2.4 Prepare a technical memorandum summarizing the results of the split treatment and chloramine disinfection strategy, 6 METCALF&EDDY AE:COM I 3.2.5 One meeting with City staff to review the technical memorandum and staff II comments. I 3.2.6 Prepare final draft of the technical memorandum incorporating the staff I comments. Ii .1 II 3.3 Pre-filtration Pilot Study - Sand Issues I! 3.3.1 Conduct a preliminary study to determine the best pre-filtration system to i remove the fine sand particles that burp from the raw water western well I I field. Consultant will take two samples of the fine sand at the membrane I softening 5 micron filter cartridges units and analyze the sand particle I i distribution as part of the study. II I' II 3.3.2 Consultant will select two or three pre-filtration systems for testing and , , I performance. Consultant will coordinate with the Vendors. As part of the i I selection of pre-filtration systems the Consultant will visit existing treatment units operating in Florida with the City staff. II 3.3.3 Pilot study the selected pre-filtration systems for a period of 6 weeks. Each selected pre-filtration systems will be tested during the same 6 week II period. Develop a test protocol, compile and analyze the data. Permitting Ii i! [I will be conducted through the FDEP. II 3.3.4 Prepare a technical memorandum summarizing the results of the filter I' pilot study and establish the Basis of Design and recommendation for the (I I filtration system. I .1 3.3.5 One meeting with City staff to review the technical memorandum and staff comments. I, I' Ii 3.3.6 Prepare final draft of the technical memorandum incorporating the staff II II comments. 'I II 3.4 Pre-filtration Preliminary Desiqn - Sand Issues Ii )1 3.4.1 Determine the size of the selected filters from the results of the Pilot Test required for 16 MGD flow expandable to 20 MGD. II II 3.4.2 Review backwash requirements and determine if additional pumps are I required and additional water storage (clear well) is required. Look at using pumps at the booster pump station to transfer the water to the East II WTP as Backwash pumps. II 3.4.3 Prepare a technical memorandum summarizing the Pre filtration preliminary design. 7 METCAlF&EDD\ 3.4.4 One meeting with City staff to review the technical memorandum and staff comments. 3.4.5 Prepare final draft of the technical memorandum incorporating the staff comments, 3.5 Anionic Resin - Pilot Study 3.5.1 Conduct preliminary study regarding Anion Resin selection for organic removal and the effects of hard water on the resin. Review regeneration procedures and determine if soft water will resolve the hardness fouling issue typical to anion resins. Select two or three anion resins for testing and performance. We understand that low hardness water is best to use for salt solution and will plan to use membrane treated water from West WTP. 3.5.2 Consultant will work with resin suppliers to coordinate pilot testing, Consultant will coordinate with the Vendors. As part of the selection of resin suppliers the Consultant will visit existing treatment units operating in Florida with the City staff. 3.5.3 Pilot study the selected anion resins for a period of 4 weeks. Each selected anion resin will be tested during the same 4 week period, Develop a test protocol, compile and analyze the data, Permitting will be conducted through the FDEP. 3.5.4 Prepare a technical memorandum summarizing the results of the anion resin pilot study and establish the Basis of Design and recommendation for the anionic resin. 3.5,5 One meeting with City staff to review the technical memorandum and staff comments. 3.5.6 Prepare final draft of the technical memorandum incorporating the staff comments, 3.6 Anionic Resin - Preliminary Desiqn 3.6.1 Determine the size of the Anion Exchange system from the results of the Pilot Test required for 16 MGD expandable to 20 MGD. 3.6.2 Determine the size of salt regeneration system required for the Anion Exchange system. 3.6.3 Determine size of Booster pump station and size of water storage (clear well) required. x r II Ii METCALF & EDDY !\ECOM " II I II I 1 3.6.4 Prepare a technical memorandum summarizing the results of the anion I i resin preliminary design. 3.6.5 One meeting with City staff to review the technical memorandum and staff comments. 3.6.6 Prepare final draft of the technical memorandum incorporating the staff comments. 3.7 ReQenerate Waste Disposal 3.7.1 Review FDEP issued operation permit related to disposal requirements such as flow rate, quantity and quality of the waste stream for the deep well injection system. 3.7.2 Summarize in a technical memorandum outstanding permitting and piping issues related to regenerate waste disposal via the current deep injection well system. 3.7.3 One meeting with City staff to review the technical memorandum and staff comments. 3.7.4 Prepare final draft of the technical memorandum incorporating the staff II comments. Ii ! 3.8 Process Preliminary Desiqn , ! 3.8.1 Prepare preliminary filtration system plan layout. I, :1 3.8.2 Prepare preliminary Anion Exchange system plan layout. " II 3.8.3 Prepare preliminary Booster Pump Station plan layout. II II II ,I 3.8.4 Prepare preliminary site plan. Show the location of the filtration system, I Anion Exchange system and the booster pump system. I 11 3.8.5 One meeting with City staff to review the preliminary plans and staff i II I comments. i II II 3.8.6 Prepare final draft of the preliminary plans incorporating the staff il II comments. II II 3.9 Preliminary Civil Desiqn I. II 9 METCALF & mDY 3.9,1 Review piping site plan and up grade for the filters, Anion Exchange system, Brine regeneration system, waste disposal and booster pump station, 3.9.2 Prepare a preliminary site piping plan layout. 3.9.3 Review and update the storm water drainage requirements for the Western WTP site with the new elements added to the site. Provide drainage calculations. 3.9.4 Prepare a preliminary site storm water drainage plan layout. 3.9.5 One meeting with City staff to review the preliminary plans and staff comments. 3.9.6 Prepare final draft of the preliminary plans incorporating the staff comments. 3.10 Electrical and I&C 3.10.1 Review electrical requirements and determine if any upgrades will be required, 3.10.2 Review control system required for the new processes and how it will be integrated into the existing system, 3.10,3 Prepare a preliminary electrical and control system plan, 3.10.4 Prepare a technical memorandum summarizing the results of the electrical and control requirements 3.10.5 One meeting with City staff to review the preliminary plans and staff comments, 3.10,6 Prepare final draft of the preliminary plans incorporating the staff comments. 3.11 Opinion of Cost 3.11.1 Prepare an Engineer's preliminary opinion of probable construction cost. 3.11,2 One meeting with City staff to review costs, 3.12: Report and Meetinqs: 3.12,1 Project Kick off meeting 10 ~.---_.--- ----- r-- II II METCAlF&EDDY AECOM Ii il I II I 3.12.2 Prepare a summary report showing the findings of the preliminary design. i I I I 3.12.3 One meeting with City staff to review summary report and staff comments. 3.12.4 Prepare final draft of the summary report incorporating the staff comments. 3.12.5 Two work shop meetings with Staff during the project I 3.12.6 Twelve Monthly status meetings with Staff. II M&E's project manager will attend up to six meetings at various times as part of II the overall project management role. II Task 3.13: Permit Application: 3.13.1 Attend one pre-application meeting with FDEP/Health Dept. 3.13.2 Prepare Florida Department of Environmental Protection (FDEP) Water Treatment Plant permit application. 3.13.3 Attend one pre-application meeting with South Florida Water Management District (SFWMD). Ii 3.13.4 Prepare SFWMD Drainage permit application. Ii ,I I 3.13.5 One meeting with City staff to review application, 'I Oeliverables: Preliminary OesiQn II II II Task 3.1 Western Wells - Sand Issues technical memorandum summarizing our findings and recommendations. i II II Task 3.2 Process Study - Split Treatment technical memorandum summarizing I II the results of the split treatment and chloramine disinfection strategy. II Task 3.3 Pre-filtration Pilot Study - Sand Issues technical memorandum II summarizing the results of the filter pilot study and establish the Basis of II Design for the filtration system. II I! II Task 3.4 Pre-Filtration Preliminarv Desian technical memorandum summarizing II I I the Pre filtration preliminary design. i I Task 3.5 Anionic Resin - Pilot Study technical memorandum summarizing the results of the anion resin pilot study and establish the Basis of Design for the anionic resin. METCALF & EDDY Task 3.6 Anion Resin Preliminary Desian technical memorandum summarizing the results of the anion resin preliminary design. Task 3.7 Reaenerate Waste Disposal technical memorandum outstanding permitting and piping issues Task 3.8 Process Preliminary Desian 3.8.1 preliminary filtration system plan layout. 3.8.2 preliminary Anion Exchange system plan layout 3.8.3 preliminary Booster Pump Station plan layout 3.8.4 preliminary site plan. Task 3.9 Preliminary Civil Desian preliminary site storm water drainage plan layout and drainage calculations. Task 3.10 Electrical and I&C preliminary electrical and control system plan. Task 3.11 Opinion of Cost Engineer's preliminary opinion of probable construction cost. Task 3.12 Report summary report showing the findings of the preliminary design Task 3.13 Permit Application 3.13.2 FDEP Water Treatment Plant permit application. 3.13.4 SFWMD Drainage permit application Project Team The project team will consist of Metcalf & Eddy as the lead consultant with our sister company Boyle Engineering performing preliminary design task items for the pre-filtrations and anion exchange units at the water plant site. This team will be led by Mr. Brian Stitt who will act as principal-in-charge. M&E's project manager will be Mr. Jim Penkosky, P.E. with Boyle's Mr. Bill Snow, P.E. also on the management team. The use of subcontractors is not anticipated at this time. C. Assumptions Route Analysis: 1. This analysis will investigate only the corridors from the West Water Treatment Plant to either Woolbright Road or Golf Road. 2. This recommendation will address the general corridor to be designed; however, the exact placement of the proposed pipe within this corridor will need to be designed and determined in the final design phase of the project. 12 METCALF & EDDY AECOM 3. This recommendation will address the general corridor to be designed; II however, the exact placement of the proposed pipe within this corridor will II need to be designed and determined in the final design phase of the project. 4. The City will provide copies of any records in their possession regarding I existing facilities in the vicinity (atlases, plans, record drawings, easements, etc.). 5. The following items are not included in this proposal: subsurface utility locations (via soft dig techniques), topographic survey, geotechnical investigation, title search, cost estimating for the Route Analysis. These would be provided in the next phase. 6. This phase is to recommend an alignment only, no final design, plans, I' permitting, specifications, etc. are included in this Phase. 7. Survey and acquisition of any easements are not anticipated and are not included in this Phase. 8. Attendance at public meetings or hearings associated with public involvement or with permits applied for in support of the project is not included in this Phase. 9. The design is to be based on the local codes and standards in effect at the beginning of the project. Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services item. 10. Compensation for engineering work in this proposal will be based on a lump sum method of payment. I Preliminary Design at the West WTP: ! 1. The City will provide the following information: a. Projected water demand data from current Master Plans and/or Consumptive Use Permit files or other historical data. b. Monthly operating reports for 12 months from the eastern and Western WTPs. c. Available water quality data. 2. Pilot Testing a. The City will pay any rental fees for the pilot study equipment. b. City operations staff will provide the day-to-day operation of the pilot plants. c. The City will pay all laboratory sampling and analysis fees. d. Pilot Plant discharge will be conveyed to the existing chemical neutralizing tank at no cost to Consultant 3. Preliminary design does not include structural, architectural, or mechanical building systems. 4. Booster Pump Station initial pre-design will assume one pipe size and average and peak flow rates to obtain preliminary head losses through the pipe route to the EWTP. 5. A surge analysis will not be performed at this time. 6. Geotechnical investigations will not be performed. 7. The City will provide any required permit application fees. 13 METCALF & EDDY 8. This contract provides for the preparation of a single-phase project. Additional phasing will be compensated for in accordance with a subsequent authorization. 9. Compensation for engineering work in this proposal will be based on a lump sum method of payment except for tasks 3.2, 3.3, and 3.5 which will be time and materials not to be exceeded without prior approval from the City. D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Consultant Agreement, Two-Year General Consulting and Engineering Contract dated November 18, 2003 between the City of Boynton Beach and Metcalf & Eddy as extended by the City Commission on February 21, 2006 (Resolution R06-050) and extended a second time by the City Commission on February 19, 2008 (Resolution R08-027). E. Additional Services The following are examples of some specific Additional Services Items that may be required, but are not included within this Task Order. Generally, a condition contrary to the work description in Section B or assumptions of Section C (upon which the design fee is based) is considered an Additional Services item. Examples include: 1. Development of property descriptions of easements, road right-of-ways, etc. Preparation of right-of-way or easement boundary surveys. 2. Threatened or endangered species and species of special concern permitting or relocation work. 3. Archeological/Historical preservation permits, studies, or reports. 4. Analysis of additional corridors. These and other services can be provided, if desired by the City, under separate Task Order(s) or by an amendment to this Task Order. Services performed will be on an as-directed basis in accordance with a written Notice to Proceed from the City. F. ObliQations of the City 1. The City shall provide Consultant in a timely manner, all requested and available record data and information related to the project as necessary for the performance of the services specified herein. 2. The City shall review all documents presented by Consultant; obtain advice of an attorney, insurance counselor, and other as City deems appropriate for such review and render decisions pertaining thereto within reasonable time so as not to delay the services of Consultant. ]4 tl II Ii METCALF&EDDY' .\ECOM Ii II G. Compensation II Consultant proposes to perform tasks outlined above for an amount of $515,406. II A cost estimate presenting a breakdown of fees and hours per task is presented II as Attachment I. I' II As provided for in the Agreement, compensation for the services provided shall II 'I be due and payable monthly in proportion to the percentage of the work I estimated by Consultant to be completed at the time of billing for lump sum tasks. Time and material not to exceed will be billed monthly under the agreed I billing rates. I I H. Project Schedule i i See Attachment II Project Schedule for the preliminary design tasks. The route analysis will be conducted during the first four months of the project. 15 METCALF & EDOl DATED this day of :2 om, -----------_._~,--- CITY OF BOYNTON BEACH METCALF & EDDY. INC. Kurt Bressner, City Manager Florida Business Unit Leader Attest/Authenticated: Title City Clerk ~C073~)~_ ~_ k.----, .7 / S 1"15 i/.e;/V' C. /fj v.-};;> ?.} 4J'.l/_ fC'(<'~.-TV(;r Approved as to Form: Attest! Authenticated: ~ ~ 11~/t/Tl^-A!f) Office of the City Attorney Notary _~~~~ Diane Centimole f~~', ~ Commission #DD398045 ~;:" .lii/ Expires: Apr 02, '2009 ',:l'iQj"', _-- Bondca 1bru 1'1111"" Atlllntill8gndlnl! Cg" 1n<I. If, METCALF&EDDY AECOM Ii I! I II ATTACHMENT I II COST ESTIMATE I[ II Ii II II I' II II II I I I I I' 'I I. Ii CITY OF BOYNTON BEACH Raw Water Main Interconnect Section A and Preliminary Design Services at the West Water Treatment Plant A TT ACHMENT I - summary of fees T ASK Designations . ~-~....~_.__.,,_. ...- LABOR CATEGORY HOURLY 1.1 1.2 2.0 3.0 TOTAL TOTAL RATE Hours Rt x Hrs Hours Rt x Hrs Hours Rt x Hrs Hours Rt x Hrs HOURS FEES Consulting/Engineering: Proj. Dir., Principal $184 8 $1,472 $0 5 $920 4 $736 17 $3,128 Proj. Dir., Principal (QA/QC) $184 $0 72 $13,248 $0 $0 72 $13,248 Senior Proiect Manager $164 59 $9,676 $0 28 $4,592 24 $3,936 111 $18,204 Project Engineer $119 27 $3,213 $0 196 $23,324 12 $1,428 235 $27,965 Senior Engineer $93 $0 $0 $0 $0 0 $0 Engineer $82 $0 $0 74 $6,068 $0 74 $6,068 -"- ...--- -- _."'_"U . ....--.--..- Technical Services: $0 .~--_. -~_. . Senior Designer $96 $0 48 $4,608 $0 48 $4,608 $75 $0 $0 __~n --..,,~.- Designer -- 1-----..-....... $0 $0 0 $0 ..- f--. ---_.~ -- --- --------. -- ~-.. - Project Support Services: ..- "- f--. .-.-- Senior Administrative $71 $0 $0 $0 $0 0 $0 Administrative $58 20 $1 ,160 $0 8 $464 $0 28 $1,624 - ._-, -,," TOTAL PERSONNEL 114 $15,521 72 $13,248 359 $39,976 40 $6,100 585 $74,845 ... . Direct Costs: - ------ I------- .~-- .--- --. Boyle Engineering (attached) cost $0 '----..- .. $0 $19,000 $399,587 $418,587 -..- 1---' -- ODCs cost $300 $0 $400 $250 $950 . .......- ......._--- -.. -.---.-.- t--........ '- >-----.-......... --~.- -'---- _.... Boyle mark-up 5% $0 $0 $950 $19,979 $20,929 .--- 1-----. .- - .- .~~- .......- ---.. m ODC/Sub mark-up - ---_......--- '---...- 10% $30 ...-.- f--.. $0 ...--- -' $40 $25 $95 ... .-.- -"'- .- - ._-- -~ "'-"- ---- TOTAL DIRECT COSTS - --------= =."""'"0= $330 $0 $20,390 $419,841 $440,561 =-::.""'-' _.,. ~ . .__,'u', - ... GRAND TOTAL $15,851 $13,248 $60,366 $425,941 $515,406 - .. --...--. ".-. ~ -" ..._~._..~. .. Metcalf Eddy Attachment A Project Budget Preliminary Design City of Boynton Beach Pre-Filtration, Anion Exchange and Booster Pump Western Water Treatment Plant Personnel Hours Budl!.et tl .... '" ~ .... ~ tl .. .... .... .... .... u ... ... .... '" ... ... ... =:l ~ E E .. .Q .. .. .. d :J .. .. ... ... -; U .Q C C .. .. co co '8 - co ... ... Task Description ';;' ';;' .. .. .. .. '" u u "'" ,...;j c = "'" ... 05 " = " c c '" '" = ... -; r..:i r..:i ';;' ';;' 0 0 ~ .. u Q co .. '" c c - == " " ;z: ';:j ... ... r..:i r..:i Q Q u ... ~ ... .. .. .. Q ~ " -; .. .. co -; -; c ';:; ';:; ~ - '0' .Q .Q ..c ~ ;E '" ~ ~ ~ ~ ,~ ,~ ; ... :J ,~ 0 '8 u u Il.. Task 3.1 Western Wells - Sand Issues 3.1 I Well Study 40 36 2 78 $ 9,504 $ 312 $ 25 $ 337 $ 9,841 ].1.2 Teclmical memorandum 22 16 8 4 50 $ 5740 $ 200 $ 200 $ 5,940 3. I 3 meeting 6 8 2 16 $ 2520 $ 64 $ 25 $ 89 $ 2,609 3.1.4 Final Draft Tech Memo 2 4 4 2 12 $ 1,496 $ 48 $ 48 $ 1,544 $ $ $ $ Subtotal 8 74 - 56 - 8 10 156 S 19,260 S $ 624 $ 50 $ 674 S 19,934 Task 3.2 Process Study - SDllt Treatment 3.2.1 preview water data and estimate enhanced softening 6 10 24 40 $ 4,656 $ 160 $ 160 $ 4,816 3.2.2 detennine split treatment and blending 16 30 40 86 $ 10,560 $ 344 $ 344 $ 10,904 3.2.3 evaluate chlorimine: disinfection strategy 6 16 36 2 60 $ 6,624 $ 240 $ 350 $ 590 S 7,214 3.2.4 Technical memorandum 8 16 24 4 52 $ 6,016 $ 208 $ 208 $ 6,224 3.2.5 meetin. 16 2 18 $ 3320 $ 72 $ 200 S 272 $ 3,592 3.2.6 Final Draft Tech Memo 4 4 4 2 14 $ 1,776 S 56 $ 56 $ 1,832 Subtotal 56 - 76 128 - - - 10 270 $ 32,952 S - S 1,080 S 550 $ 1,630 S 34,582 Task 3.3 Pre-filtration Pilot Study - Sand Issues IT & Ml 3.3.1 Study sand 4 10 16 30 60 $ 6,860 $ 240 S 240 $ 7,100 3.3.2 Select ore-filtration svstem 4 6 16 8 34 $ 4324 $ 136 $ 136 $ 4,460 Coordination with vendors and site visits 30 16 2 48 $ 8,520 $ 192 $ 50 $ 242 $ 8,762 3.3.3 test protocol and Pilot study, data comDiliation and analvsis 6 4 24 20 65 4 123 $ 12,520 $ 492 $ 700 $ 1,192 $ 13,712 3.3 4 Technical memorandwn 6 4 16 24 4 4 58 $ 6512 $ 232 $ 232 $ 6,744 3.3.5 meetin. 16 2 18 $ 3,320 $ 72 $ 200 $ 272 $ 3,592 Lab Analvsis (Sieve and oarticle) $ $ $ 250 $ 250 $ 250 3.3.6 Final Draft Tech Memo 4 6 6 2 2 20 $ 2,688 $ 80 $ 80 $ 2,768 Subtotal 70 46 78 44 103 6 - 14 361 $ 44,744 S S 1,444 S 1,200 $ 2,644 $ 47,388 Task 3.4 Pre-filtration Preliminary Desiqn - Sand Issues 3 4 I size filters 10 20 18 48 $ 6,584 $ 192 $ 192 $ 6776 3.4.2 detennine backwBsh reQuirements 10 16 10 18 2 56 $ 7,304 $ 224 $ 224 $ 7,528 3 4.3 Technical memorandum 8 8 8 4 28 $ 3.744 $ 112 $ $ 112 $ 3,856 3 4.4 meetin. 12 8 4 24 $ 3,840 $ 96 $ 25 $ 121 $ 3,961 3.4.5Final Draft Tech Memo 4 4 4 2 14 $ 1872 $ 56 $ 56 $ 1,928 Subtotal 44 56 10 - 48 - 12 170 S 23,344 $ $ 680 S 25 $ 705 $ 24,049 Task 3.5 Anionic Resin - Pilot Study IT & Ml 3.5.1 Studv Anion resin svstems 8 16 40 40 104 $ 12,560 $ 416 $ 416 $ 12,976 2.5.2 Select Anion resin svstems 6 6 16 8 36 $ 4,724 $ 144 $ 144 $ 4868 Coordination with vendors and site visits 30 16 2 48 $ 8520 $ 192 $ 50 $ 242 $ 8,762 3.5.3 testOrotocol and pilot study, data compiliation and analvsis 6 6 24 20 65 4 125 $ 12820 $ 500 $ 700 $ 1,200 $ 14,020 3.5.4Technical memorandwn 8 6 20 24 4 4 66 $ 7692 $ 264 $ 264 $ 7,956 3.5.5 meeting 16 2 18 $ 3320 $ 72 $ 200 $ 272 $ 3,592 7/812008 Page 1 of 4 Boyle Engineering Corporatfon Attachment A Project Budget Preliminary Design City of Boynton Beach J)re-Filtration, Anion Exchange and Booster Pump Western Water Treatment Plant Personnel Hours Budj!et ,---..---- '.11 ---~ ~ ~ e:= """'l == = ~ 2J 8 t t 5 == s ~ --: 0 .Q ~ ~ IV s... L. ~ ~ .S - U j .c 1, kD ,. IOl IOl " " .. .. s n ~ <1 as escnptlOII 's;, 's;, ~ ~ ~ ~ 'C ~ 't; i:: -g -7 -; ~ ~ ';b ';0 0 0 ~ g ~ cS ~ g .~ ~ :; ~ ~ ~ Q ~ ~ '"" ~ L. ~ ~ _ .6 'a 'a ~ ~ Q Q '0 Z! ~ .Q ~ ~ n ~ ~ Jl Jl ~ ; 0 0 ~,:; j Jl 0 '5 ~ ,:; Lab Analysis. (TOe, Alkalinity, chlundc:-., VV anJ 'Color)raw and treated weekly $ $. $ 600 $ 600 $ WO 3.5 6 Fmal Draft Tech Memo __.. 4 6 6 2 __. 2 20 $ 2,68B -.--.- $ 80 $ 80 tnH --2;(,8- .------f-"------- ----"-"-'- -- -- -"--- -- -. ..- - -.-- .'---. e-- --. - ----..-... .- ~ .--.- SUbto.tal .-. 78 56 106 R4 73 61' I]4 417 $ 5l,3l4 $ .- $ 1.'66.8 $ 1,55U $ .J,l I R $ -- ~. Task 3.6 Anionic Resin - Preliminary Desiqn 3 6.1 SIze anion system 20 10 20 50 $ 7 260 $ 2UO $ 200 $ , 41,(1 36.2 detenmne regenmtlon requirements __._ _.~~~. _=---- . _ 20 10 e------f-- 20 .::.:J=_=- 2 52 $ 7:380 _ __.=-__- L:2Qt :.: ___ :I. l2ttL-- /\~8 J.6.3detenmnesizeofboosterpumpstatinn __ ____ '_' 16 8 16 .__ j--_ 40 $ _~ __ $. 160 _._ ___ .__~. JiiQ.~ _ '2~.!l. 3.5 4Teehmeal memorandum ________._ ___ 16 8 __ 8 4_~ ~__. 5,344 __.___..! I<J.:l. ~._.. . r!-.. 1~1,l 5~ 3 6.5 meetm~ 12 8 4 24 $ 3,840 $ 96 $ 25 $ 121 $ 1961 3.6.6 Fmal Draft Tech Memo ----.--- _-=.~.___=___-..-_-. 4 4 4 .2 14 $ _ _1,872 -------..-1 _~..-- 56 $ ._ ~'t__ ____56~ .~ Subtotal 88 48. 68. _Ill 216 $ 31,504 $ $ 864 $ 25 ~. 88Y $ 32,393 Task 3,7 Reqenerate Waste Disposal 371 ReviewdeeowellooerallOnpennit '__.'. 4 16 10 __-C-. _. _ _ ....2. __.....1~.!.... 4,260 _~~. I~ ~ il!l.. $ l.iXH 37.2 Teehnlcalmemorandurn ..... __c. ... _._._ 2 16 __' 8 _ . __-.i. __...J.ll....!...._ 3,792 __ _~__ ---.G.2. _... r!-.... 120 Jc. }2.!2. 373 meetin" _ ___.._ . __.. ____. __..:1. ....i. ___ ~c-.-- _.~__._ 2 14 $ __1,896 c- _. ___.L. _~..!.. 25 ~__ .~ 1. .0J.2_ 3 7 4 Fmal Draft Tech Memo ...... .__.. .... .. ___ .2 4.__ __ _-.i.1--____ 1------f---1--- 2 . 12 $_~ I---___~____. +~___ ...~ e-- __ ~ 48 1.. m__.~ .' ..L... .$. $ - $ $- Sublotal . ~=- --. .---..-c,.._-- .Il 40'2;'" - .. -- 1- tu 88 $ ]1,444 $'--'.-"-l~--. -ill~ 25 $ m $ --u:rn Task 3.8 Process Preliminary Design J8 1 Prehm filtration system plan layout __.. _ _ _~ 16 3" 88 $ __ _. 9,248 . 1_. .u__.~ _.._ .! 3'3. .!... "~:' 3.8.2PrelunanlOnexchangesvstell1planlayou~ ._._____ ._.312. _._____ ._~ ~-l~.-.----f--. 92 $..- 10,048_.__ -- t.1tiIl. ..!. -.~~ I I,,: 383 Prelrm booster OUIl1P station. pi Ian layo.'.'t .' ._._ __~ J.ll ___ 36 36 _.._ --.-f--...!2Q.1.. _.14,248 _ . . $ _~~. _ _..!......... __,]HO $ 14.728 184 Prelun Site plan layout .___ _... __... _'_ _ I-'!. ___... 36 -~l-----. 88 $ 9,248 ____ $ .._ 352'j; . --c- ..!._ _._~ J..... ",000 185meetin8 u_ ._~ __ 4 I-__~ __....l2....!-.. 3,016 _n _ $ 80 $2"\ ~ ..~ .!. 1..1~ 386 FmallJ18H plans 2 4 4 8 2 20 $ 2.088 $ RO $ 80 $ 2,168 Subtotal --~~~----. . '-- H6 )2"1 l 152 1 15l T 6 428 $ 47,896 j; . $. 1,712 $ 15 $' 1',737 $ l~;,r,.n. I S! ' Task 3.9 Preliminary Civil Design I I I 3 9 I review piping requirements ______ _ __..i.._ _ _ _ _ _ 20 __ __ 1_.. _ 24 1. ~ u 1._ ." .JI.tl_i. _ .!. 9!, 1 ::c~_ 39.2 Prelim site plpmg plan layout . __._ .. ... I!.. __ __ .__ 28 . _::2.. 1 __ _ _.I!:.. r!-- 6,896 . ___.1...._ 2~ ~ 2.1\!. ~ ~IE 3.9.3 up. dal.e storm water dramage reqUlrements aUd.. c.,.alc,ulal1{)I1"-- _ ______ 2 20 l 20 __ i 2 44 $ _~,280 _. __ .__ L__....!2::...6. . ~- - 12.6. $. .;.,,-,-=,,456 3.94Prelrmsitestonnwaterdrainageplanlayout ._u_ .._.._r-__2._ l6. __ .. 24.'2.. .'_ __'---_..2!r!- 7,576 :.. _!.12_ . $ 312 ~u 7,R88 ~ 9 5 meetmg .. _ __ _ ...!!. ._<1. __ t i. _ 12. .1 ?,~ c_. M $ 2 \ ~ 8~ J ;W' 1 96 FmalU<aft pi,,,, ) :1.+- _L _.!..,_ '.. H , :.I ~ ,.L 2,~ . ....~r;...-.. CL_-~ ~ 22lii ISubtotal 11(' 411 '6 H SOl ~- 1541 $ I(i,736[ $' 2<; $ 1"$' ':'7 ITask 3,10 Elec!rLcal and I&C \ ! 1 ",'Ri200B Attachment A Project Budget Preliminary Design City of Boynton Beach Pre-Filtration, Anion Exchange and Booster Pump Western Water Treatment Plant Personnel Hours Budeet a t; .... == ~ 0 .... .... " .... a .. .. .. == .. .. .... 0 .&:J .. .. 0 0 = u :l 0 .. .. .. .. ;; e ;; ,Q Cl .51 .. .. .. '13 ... ~ Task Description '6h .. .. .. .. r.: " " "" on Cl Cl C. C. "" " ';:: .. '" .. Cl Cl '6h '6h 0 0 <: ... .. .. Cl ~ ~ 0 " is 0 c. Cl Cl ... tt: .!j .. z: 'Q .. .. ~ ~ Q Q ... .. ~ .. .. 0 0 ~ ~ .. 3 0 ... ] 3 3 Cl ';; ';; ~ ... .~ .;:: , 0 ,Q ,Q .::: ,~ .. .. ~ :l ,~ 0 's ~ ~ ll. V} U U ll. 3 10.1 review electrical requirements 8 8 $ 1,600 $ 5750 $ 32 $ 5,782 $ 7,382 3 10.2 review control requirements 16 2 18 $ 3,320 $ 5,750 $ 72 $ 5,822 $ 9,142 3.10.3 prelim electrical and control system plans 24 30 2 56 $ 7,530 $ 224 $ 224 $ 7,754 3.10.4 Technical memorandum 6 8 4 i8 $ 2,400 $ 72 $ 25 $ 97 $ 2,497 3.1 0.5 meetin~ 4 2 6 $ 920 $ 24 $ 25 $ 49 $ 969 3.10.6 Final Draft plans 4 4 8 2 18 $ 2,096 $ 72 $ 72 $ 2,168 Subtotal 62 - 12 - . - 38 12 124 $ 17,866 $ 11,500 S 496 S 50 S 12,046 S 29,912 Task 3.11 Opinion of Cost 3.11. J engineer's prelim opinion of probable costs 6 10 20 4 40 $ 4,140 $ 160 $ 160 $ 4,300 3 11.2 meetin8 4 4 2 10 $ 1,296 $ 40 $ 25 $ 65 $ 1,361 $ $ $ S $ $ $ $ $ $ $ S Subtotal 10 - 14 20 - - 6 50 S 5,436 $ - $ 200 $ 25 $ 225 $ 5,661 Task 3.12: Report and Meetlnqs 3.12.1 Kickoff meeting 20 6 2 28 $ 4,684 $ 112 $ 2UO $ 312 $ 4,996 3.12.2 sununarv reoort 10 20 i2 8 8 58 $ 7,200 $ 232 $ 232 $ 7,432 3 12.3 Meeting for swrunary report 20 16 2 38 $ 6,520 $ 152 $ 200 $ 352 $ 6,872 3.12.4 Final Draft swrunary reoort 4 4 4 2 2 16 $ 2,044 $ 64 $ $ 64 $ 2,108 3 12.5 Two workshops 48 16 4 68 $ 12240 $ 272 $ 400 $ 672 $ 12,912 3.12.6 Monthly meetin8s {I 2) 48 48 24 120 $ 15,552 $ 480 $ 300 $ 780 $ 16,332 $ $ $ $ $ $ $ $ Subtotal 150 56 - 70 . 10 - 42 328 $ 48,240 S - $ 1,312 $ 1,100 S 2,412 S 50,652 Task 3.13: Permit Application 3.13.1 attend ore-aoolication meeting with FDEP 6 6 2 14 $ 2,040 $ 56 $ 25 $ 81 $ 2,121 3.13.2 prepare FDEP application 2 8 4 14 $ 1,600 $ 56 $ 56 $ 1,656 3.13.3 attend pre-application meetin~ with SFWMD 6 6 2 14 $ 2040 $ 56 $ 25 $ 81 $ 2,121 3.13.4 prepare SFWMD application 4 8 2 14 $ 1,880 $ 56 $ 56 $ 1,936 3.13.5 meetino 8 4 4 16 $ 2,320 $ 64 $ 25 $ 89 $ 2,409 $ $ $ $ uDto a 26 - 32 - - - 14 72 $ 9,880 S - $ 288 S 75 $ 363 $ 10,243 Total 716 448 314 630 356 254 46 170 2,934 S 371,626 S 11,500 S 11,736 $ 4,725 $ 27,961 II $ 399,587 AmO\U\ts shown are fee Personnel Cateoorv WB Principal $20000 Senior Engineer II S150.00 Senior Engineer I S120.00 Asst Engineer III S94.00 71812008 Page 3 of 4 Boyle Engineering CorporBUon Attachment A Project Budget Preliminary Design City of Boynton Beach Prc-Filtration, Anion Exchangc and Boostcr Pump Western Water Treatmcnt Plant Persunnel HuUl"s Bud!!et '" .... '" .... .... t::: '" 0 .... u .... - S ... ... t::: '" ... ... ... - 0 .c 0 " " .... 0 0 '" U j .c " " ... ... ... ... "e M ~ j = "9 " " ... ... Task Description "So " " " " '" u u "0 on = = "'" "'" "0 ... "C " = , = = 'So 'So -< :l t: ... " = M '" '" 0 0 0 Q 0 Q, = = ~ c:: " " z ... ... '" '" >=I >=I u ... ~ ... .. "y 0 0 ~ >=I " .. 0 " '" OJ M = ";; '; ~ 0 ~ ..0 ..0 .c ~ ~ ~ :E " " ~ ~ -< 0': '" :l 0 "e 0 ifJ ifJ U U ...J ifJ f-' Asst Engineer II $88.00 CADD Operator II $74.00 CADD Operator III $87 00 Project Admin. II $60 00 "'q" II II II ,I METCALF&EDDY. MCOM II Ii 1\ II I I' A TT ACHMENT II , I PROJECT SCHEDULE II I I i I I I I I ! I I i II II II I I II I I I I II II II II II il - -- City 01 Boynton Baach AUachment B Projecl Schedule Preliminary Design Pra-Fl11rallon, Anion Exchanga and Boostar Pump Wastarn Waler TreaLment Plant 10 Task Name Durallon Slart Finish Au ust S lemb October Novembe (\yilli~ ---~---- Au Se I NaY Au!! 1 2.0 Roule Analysis 100 days Man 8/4108 FrI j2lj9106 2 2.1.2 Survey ----- -" 60 days Man 9/22108 - Frn 2112108 ~::~L~;~:~~~e:_~;:~~ 3 3.1 Western Well Field 30 days Man 8/4/08 FrI9/12108 1Wi! ; - ' , 4 3,2 Process S\udy-:-Splll Tre-almenl 30 days M~::: :.;,:: 1\?....,;;.,,:3-i'_-c;;--~~-1-;~~'-_::'~::4~~.if8i~:,;-;.:;-?;.::";~1~ G 3.3 Pre-Filtration Pilot Study' Sand Issues 100 days 0 3.4 Pre-Fl11rallon Preliminary Design' Sand Issuos 35 days 1 3.5 Anionic Resjn:PTIol Study - - ---- JOO days Man 8/4/08 Frl j2lj9/08 E.:;;;:;,t~~2:1~~i"."E~14.i:iK-~:~;~;':t~h ' 8 3.6 Anionic Reslrl~ Preliminary Deslgr'" 35 days Man 12122108 -. Frl2l6109 ' . ~ -g 3.7 Regenerate Wasle DiSposal -~ ._-" 35 days Man 12122108 Frl2l6l09 ;- :- , 10 3.8 Process Preliminary Design '6Sdays - Man 219/09 -- Frl 6/5109 -G'" 3.9'Prellmlnary Civil Doslgn . ---,---"'--~ 85 days --' Man 219109 Fri 615109 ~" ]2 3.1 () Eleclrlc'alandT&C --- 30 days Man 219/09 FrI 3/20/09 13 3.11 OplrlJOn orCoSI 15 days --Mon 6/8/09 --- Frl 6/26/09 I I~:: 3.12.2 Summary Report -_.,--,_. 40 days Man 6129109 Fr10/21/09 3.12.3 Summany repo'l in8elir;g ------ - -~._~ -- --- I day MOil 8/24/09 Man 8124/09 I 1G 3.12.1 Kickoff meeting --- H___~___ ---1(lay Man 8/4/08 MOll 8/4/08 I I I I j7 3.13Parmll appjlcitlons 25 days Mon 6/8109 FI! 7/10/09 I - ---~.._-_....,.,--_. ~---"---_._- . --"-_.~- ,- _._~ ___ ____._____.__.___L "c"l -.- . --- - - __on .... . "._ _0'_ i TaSK .- --11 Pwgress 8ulHIllary ..... ..... F:::xlemryl 1 asks Pead\inn I Pro)oel: Project Schedulo ,"vOl I Delll: Moll 7(7/08 I Spill Milestone . Project 8ulrHll31Y V ~ Extornnl Milestorw + I ,"'11'11.1'1\\1'" -,-.- - ~'- ."---.--- --..---- ,~, .,._---,."--- I PDga 1 - "-"---'-"'- ..._-- ----------.---- _.-~-- .- - ~--~.._.__.- -' -~- ---_.~- _._- _n._" - VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.S. AGENDA ITEM REQUEST FORl\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 August 19,2008 August 4, 2008 (Noon) X October 21,2008 October 6,2008 (Noon) D September 2, 2008 August 18, 2008 (Noon) D November 5, 2008 October 20,2008 (Noon) D September 18,2008 September 2, 2008 (Noon) D November 18,2008 November 3, 2008 (Noon) D October 7, 2008 September IS, 2008 (Noon) D December 2, 2008 November 17,2008 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM X Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Approve Resolution authorizing the City Manager to apply for State permits for temporary closing of Federal Highway from Boynton Beach Boulevard south to Woolbright Road for the annual Holiday Parade. EX PLANA TION: The annual Holiday Parade is scheduled to take place on Saturday, December 6, 2008 at 5 p.m. traveling north on Federal Highway in the southbound lane. It will be necessary to temporarily close Federal Highway beginning at 2:30 p.m, on December 6, 2008 from Boynton Beach Boulevard south to Woolbright Road to provide for the safety of the participants and citizens who attend this event. Pursuant to Chapter 14-65, Florida Administrative Code, the Florida Department of Transportation requires local governments to submit a Request for Temporary Closing/Special Use of State Road along with a Resolution authorizing the special event. PROGRAM IMP ACT: The permit for the temporary road closing will be denied without the Resolution. FISCAL IMPACT: None. AL TERNA TIVES: Cancel the annual Holiday Parade. ~ Assistant to City Manager ~ pOl-leE-- Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I RESOLtTTION NO. R 08 - -., - " A RESOLUTION OF THE CITY OF BOYNTON BEACH, -' 4 FLORIDA, AUTHORIZING THE TEMPORARY 5 CLOSING OF FEDERAL HIGHWAY ON DECEMBER 6, 6 2008, FOR THE ANNlTAL HOLIDAY PARADE AND 7 AUTHORIZING THE CITY MANAGER OR HIS 8 DESIGNEE TO APPLY FOR STATE PERMITS FOR 9 THE TEMPORARY ROAD CLOSING; PROVIDIN(. 10 FOR EFFECTIVE DATE. II 12 WHEREAS, the City of Boynton Beach' s annual Holiday Parade is scheduled to be , ] 3 Iheld on Saturday, December 6.2008 at 5:00 p.m.: and 14 ' , WHEREAS, in order to provide for the safety of the participants and (itizens I ~ i! , 15 lattending the Holiday Parade, Federal Highway will be required to be closed from Boynton 16 IBeach Boulevard south to Woolbright Road beginning at 2:30 p,m,: and f ] 7 t WHEREAS, the Florida Department of Transportation requires the local govermllent , 18 Ito authorize all temporary road closures on state roadways: and , , WHEREAS, the City Commission of the City of Boynton Beach desires to authorize 19 i , , 20 fhe temporary closing of Federal Highway from Boynton Beach Boulevard south to 21 I\\'oolbright Road on December 6, 2008. to provide for the safety of the participants and 22 ~iti7.ens attending the Holiday Parade; and ;" ~..l II WHEREAS, the City Manager is authorized to apply for the permit for temporary 24 Flosing of state roads for special events, pursuant to Chapter] 4-65. Florida Administrative 25 rode, for said temporary closings: il NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 Ii 27 I ~HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 I Section]. The foregoing "\VHEREAS" clauses are true and correct and 29 llereby ratified and confirmed by the City Commission 30 I Section 2. That the City Commission of the City of Boynton Beach authorizes the I , 31 ~mporary closing of Federal Highway from Boynton Beach Boulevard south to Woolbright ", oad commencing at 2:30 p.m, on Saturday December 6. 2008, for the annual Holiday ..l~ , 33 farade. ! $ 'c 'A ,RI:';U\L cglslative Act,nnsRoad UtlStIlgs Ilullda\ Parade I ~()()X I dtlc' I! Ii 1 Section 3. The City Manager is hereby authorized to apply for permits from the 2 Florida Department of Transportation pursuant to Chapter 14-65, Florida Administrative 3 Code, for said temporary closings, 4 Section 4. That this Resolution will become effective immediately upon passage. 5 PASSED AND ADOPTED this _ day of October, 2008. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor - Jerry Taylor 11 12 13 Vice Mayor - Jose Rodriguez 14 15 16 Commissioner - Ronald Weiland ]7 18 19 Commissioner - Woodrow L. Hay 20 21 22 Commissioner - Marlene Ross 23 ATTEST: 24 25 26 27 anet M. Prainito, CMC 28 ity Clerk 29 30 31 Corporate Seal) '\CA\RESO\Legislative ActionSRoad Closings Holiday Parade (2008) doc VI.-CONSENT AGENDA 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 o August 19,2008 August 4,2008 (Noon) ~ October 21, 2008 October 6, 2008 (Noon) o September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) 0 September 16, 2008 September 2, 2008 (Noon) o November 18, 2008 November 3, 2008 (Noon) ~ o October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 17, 2008 ~) .s?~ (,I) ....,-< ,..., -<<:, .." c-)", 0 Announcements/Presentations 0 City Manager's Report ::::; r-CI) l"'r10 :::0-< NATURE OF 0 Administrative 0 New Business :.t:ao ~Z AGENDA ITEM rgJ 0 :z en -l Consent Agenda Legal o~ 0 0 ......, :::. Code Compliance & Legal Settlements Un[mished Business .. Q ~ 0 Public Hearing 0 ca ,. - :r RECOMMENDA TION: Motion to approve the reduction of a performance bond for Boynton Town Center and Boynton Village from $4,400,000.00 to $3,465,665.63.00, A letter dated July 11, 2008 requesting the reduction is attached. EXPLANATION: This request represents the partial completion of the construction and installation of the required improvements to support the widening of Old Boynton Road, The remaining Letter of Credit will be held until the project is completed or until it supports another reduction and will not be fully released until the one-year warranty period is complete, PROGRAM IMP ACT: N/ A FISCAL IMPACT: N/A ALTERNATIVES: N/A / ( " ~ /'" i , It. , .,-- .- , c. ....... . .~ i- ~~.~ '1' ; '1Ii-. '. 1" . .. <.,.. ''-'' t' ~ ~. ,~ , '}.: /, ~ / > Department Head's Signature City Manager's Signature ',' Assistant to City Manager {/nt-- Public Works/Engineering Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~SEMBLER July 11,2008 ~r. Jeffrey Livergood City of Boynton Beach Director of Public Works and Engineering 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 RE: Boynton Town Center and Boynton Village (Winchester Property) Old Boynton Road Performance Bond Reduction (Bond #104708962) ~r. Livergood: As discussed previously, Sembler, a/k!a 1950 Congress Ave.. LLC ("Owner") posted the above referenced Performance Bond with the City of Boynton Beach in order to ensure construction of the Old Boynton Road Widening, The original bond amount was based on an engineer's estimate of the anticipated costs of construction. However, we now have completed bidding of the work and have executed a contract with a licensed general contractor which indicates that the cost of construction will be less than originally estimated by the engineer. As such, we request that the City approve a reduction in the amount of the bond commensurate with the contracted value of the construction costs, plus 10% contingency. I have attached a copy of (i) calculations supporting a reduction to the bond in the amount of $934.334.37, (ii) a copy of the Performance Bond in question, and (iii) a copy of the above referenced contract for Old Boynton Road construction, In order for the surety to commence preparation of a Bond Reduction Rider. they will require an acknowledgement by the City of its agreement to the above referenced reduction request. As such. if you are in agreement with the proposed reduction. we request that you indicate as such in the space provided below, or provide (as has been done previously} a separate acknowledgement on City letterhead indicating your agreement. Please let me know if you have any questions or comments relative to this matter. Respectfully. ," ,./ ...s";f't:~ ,~.~-<;-- - Mike Hagan Director of Development ACKNOWLEDGED AND AGREED City of Bovnton Beach . . 8y: Print name: Title: Date: ---- -~~--~---_.__.- THE SEMBLER COMPANY I SEMBLER.COM BOYNTON T\... _ .. N CENTER PERFORMANCE BOND STATUS CITY OF BOYNTON BEACH OFF SITE BOND REDUCTION REQUEST 7/11/2008 Bond Ref # Bond Work Description Initial Bond Prior Reduction Current Bond Requested Proposed Amount Amounts Amount Current Revised Bond A OLD BOYNTON ROAD WIDENING 104708962 Old Boynton Road Widening (Grading, Drainage, MOT, 4,000,000,00 - 4,000,000,00 * (849,394.88) 3,150,605.12 Paving, Sidewalks, Signalization, Landscaping) ~--- r---- --- - I-- - --- - - -- (84:939.49) 104708962 Continaencv at 10% 400000,00 400.000.00 315,060,51 - - 104708962 TOTAL FOR BOND 4,400,000.00 ----- 1---- 4,400,000.00 (934,334.37) 3,465,665.63 ----~.- -- -- - ------- -- ----- 1--. -- - - ------- 1----- -~ * Calculation of OBR Bond Reduction Amount I-- -- .-- -- --- -- - ."-.---- - -- - Old Boynton Executed Contract Amount (Palm Beach 3,661,382.77 1----- -- --- ~rading Contract) _ ____ ___ ~- - -- -- i--- ---- ------ -_.~_.-.~-- Deduct Contingency Included in Base Contract _ _ _ (120,~1Q.QQ1 __00 _ --- --- - - -- 1---- ~- --- Deduct Signalization at Old Boynton and Boynton Beach (247,496.30) I---- Boulevard (fo be funded by FOOT andlnstalled by PBC) -.----- -- -- - -- ----..--- - - - -- Deduct Payment and Performance Bond (Not Required) (35,000.QQ2 --- - -- -- - - --- -- -- - --- - Deduct Owner's Additional Contingency Included in base (107,671,35) Contract Amount for Possible Material Price Increases -~--- ~----- - I--- --- -- - --- - -- -- Actual Contracted Cost 3,150,605,12 - ---- --- ---- -----current Bond Amount (Exciudina ContinaencYl -.._-- l---- - -- - - -- 1---- -00- -~ 4 000,000.00 - 1--- -- I--- - -------~._~- - -- - - ------ ------- Proposed Bond Reduction (Excludina Contingency) (849,394.88) 2008-07-11 - Old Boynton Bond Reduction Request 1 of 1 7/11/2008 VI.-CONSENT AGENDA 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 o August 19,2008 i\ugust4,2008 ~oon) 181 October 21, 2008 October 6, 2008 (Noon) o September 2, 2008 i\ugust 18, 2008 ~oon) o November 5, 2008 October 20, 2008 (Noon) 0 o November 18,2008 C") September 16,2008 September 2, 2008 ~oon) November 3, 2008 (Noonb C'?:::t CO ::;-< o October 7,2008 September 15,2008 ~oon) o December 2, 2008 November 17, 200S (No~ -<0 -4 ,,"Tl , 'CO f"T1C) W :::0-< 0 AnnouncementslPresentations 0 City Manager's Report AZ ::Do c.n-l NA TURE OF 0 Administrative 0 New Business :x 0 - 0% AGENDA ITEM - ""'cu 181 Consent Agenda 0 Legal .. ""'('11 - 0 0 Unfinished Business -J "> Code Compliance & Legal Settlements rrln 0 0 :c Public Hearing RECOMMENDA TION: Request to approve the Arts Commission recommendation to purchase the sea turtle sculpture Opus 14 that has been on loan to the City since 1995 for permanent placement at Oceanfront Park as part of Recreation and Parks commitment to public art in the project. (Exhibit A) EXPLANATION: In October 23, 2007 the Arts Commission recommended to negotiate a purchase of the sculpture appraised at $38,000.00. Artist, Rick Beau Lieu discounted the sculpture cost to $24,300.00. Recreation and Parks has a budget of $14,700.00 for the public art requirement in the project. The balance of the sculpture cost is $ 9,600.00. PROGRAM IMP ACT: The sea turtle, Opus 14, educates visitors about the undeveloped, pristine beach that is essential for the existence of marine life. The steel oil pipe material that the sculpture is made from demonstrates the beauty that can come from recycled materials. The sculpture will actualize the Recreation and Parks intent to provide education and character to each of its City Parks. (Exhibit B) FISCAL IMPACT: The Art in Public Places Program is funded from the 30% of the 1% fees collected as mandated in the Public Art Ordinance No. 07-002. The balance of the sculpture cost is $9,600.00 and if approved, funds are provided in the Acquisition of Public Art account #15]-2611-579-67-01. AL TERNA TIVES: To not approve the purchase of the sea turtle sculpture, Opus 14 for placement at Oceanfront Park and start the public art procurement process over. EXHIBIT" A" ATTACHED: Arts Commission recommendation to purchase the sea tu EXHIBIT "B" ATTACHED: Opus ]4 sea turtle sc 'ture purchase details. ! ~ City Manager's Signature Assistant to City Manager {jr;(/ ?~ l?L/C A-v} Department Name City Attorney / Finance S:\BULLETlN\FORMS\AGENDi\ ITEM REQUEST FORM. DOC Meeting Minutes EXHIBIT A Arts Commission Boynton Beach, Florida June 26, 2008 Motion Ms. Wolf moved to go ahead with the purchase of the "Seahorse," pay the $6,000 for the base, and for its location. Ms. Richman seconded the motion that passed unanimously. VIII. Opus 14 A. Maintenance and Purchase Recommendation Ms. Coles-Dobay provided artist Rick Beau Lieu's proposal for the purchase of "Opus 14" for placement at Oceanfront Park. A copy of the proposal is on file in the City Clerk's office. The Arts Commission previously provided direction to negotiate the purchase of the sculpture and discussed durability and maintenance requirements. The board had previously recommended the artwork be inspected quarterly, waxed and covered with an epoxy coating. The preferred course of maintenance was waxing. Mr. Beau Lieu has agreed this should be done on a quarterly basis. Recreation and Parks would assign a person to wax the sculpture and would be taking over the maintenance as well. Insurance was estimated at $300 annually. If the members were in accord with the proposal, Ms. Coles-Dobay suggested a recommendation be made to move forward. Motion Ms. Moeller moved to purchase the "Opus 14" sculpture. Ms. Wolf seconded the motion that passed unanimously. IX. Development Projects A. Pantry Mural Ms. Coles-Dobay advised the project was brought to the Arts Commission on a voluntary basis. The Pantry is located at 206 S. Federal Highway. Gloria Bowden, the owner of the building, would be appearing before the CRA to request a commercial fa~ade improvement grant to add a mural and other enhancements to the front of the building. It was requested the Arts Commission review the concept and determine whether the cost to Ms. Bowden was favorable. Ms. Bowden selected the artist, Dana Donaty, who had also painted a mural on the Delray Camera Shop. The artist would paint the mural on "Signa bond" aluminum panels, using UV paints with a protective UV finish. A conceptual drawing was provided which featured a mini "Old Farm Store," Tiki Hut, beach scene and brightly colored flowers. The members favored the concept and believed the price for the mural, $8,000, was excellent. 4 EXHIBIT B By artist Rick Beau Lieu Boynton Beach, Florida Opus 14 Sea Turtle Medium: Welded steel finished in bronze patina Size: 54"w x 46" d x 14"h ON LOAN since 1995 Market Value $ 38,000.00 OPUS 14 SEA TURTLE The "Opus 14 Sea Turtl"e was created through a joint effort of the Project Reef Keeper, The Center for Marine Conservation and myself. The idea was to create sea creatures out of repossessed metal which had been associated with environmentally hazardous material, oil sludge in this case. Then the finished sculpture would be lower from the deck of a barge onto a living reef and produce an underwater show which would be filmed and distributed. The attorneys for Project Reef Keeper went to work on applying for permits while I set out to find material that would hold up to the harsh conditions and provide the environmental clean up spelled out in the overall plan for the project. At the time, the owner of Four Steel Corporation of Boynton Beach had a contacts with Exxon Oil and told us of the revamping of an off shore oil rig in the Bahamas. He was able to purchase 3 sections of pipe 1911 in diameter and ranging in thickness from 1/411 to 7/1611 of high grade #4140 non-corrosive tool steel sometimes referred to as chrome- moly steel. These pipes had been fasten to the deck of the oil rig and were used as an oil return flushing system. This material would be a suitable for the task and provide for the environmental clean up exercise outlined in our project. I purchased the pipe and it was delivered to my Boynton Beach Studio. I then began the task of removing the 2 inches of sludge that had the consistency of petroleum jelly. The idea was to not only to remove the sludge but to send it out for reprocessing and to collect any soil contaminated during the process and likewise treat it. I set out to build the first three of seven marine sculptures using this material. I fabricated a piece call "Opus Gentile One," which was a shark. At the time there was an almost wholesale slaughter of these creatures so I put my emphasis on making a statement that the fear of sharks was unjustified. There was also an "Opus Manatee Calf' (life size) and finally the "Opus 14 Sea Turtle." The reasoning behind using pipe 1 sections was that pipe has a gradual radius which conforms to the rounded shape 01 these creatures, The pipe had to be cut and pieced together. I preferred this process compared to rolling each piece of metal. In the case of the turtle, I first built an armature, or frame work, which amounted to a skeleton using 3/8" and 7/16" # 4140 steel. I built the flippers out of the 7/16" steel and made patterns for the individual pieces or plates of the shell. Turtle shell's angle in two directions at the same time creating a compound angle. It was necessary to start by cutting out the center plate of the shell, then welding one edge and heating while working the metal to achieve this compound angle. After the first plate was secure the rest of the plate were likewise secured and formed working my way out to the edge of the shell. Next, the texture was welded in using #70552 preheated structural welding rod compatible with #4140 chrome-moly steel. After the desired texture was achieved I heated and hammered finished the metal to show and uneven or dimpled finish. The sculpture was then heated by two workers using oxy-acetylene rose bud torches until it was glowing red and oil was applied to achieve a case hardening of the material. It was then burnished with a combination of wax, linseed oil and bronze powder then sealed with water sealant. "Opus 14 Sea Turtle" was completed in 1990 and spent the first five years outdoors while touring on exhibit on Long Island, New York. It then traveled down the east coast, ending up in Islamorada Key, Florida to support the work of the Dolphin Research Center. "Opus 14 Sea Turtle" later returned to my studio and shortly thereafter was used to raise money for the historic Children's Schoolhouse Museum for the City of Boynton Beach. During all of that time it has been virtually maintenance free. The last 13 years of Opus 14 Sea Turtles existence has been on loan in the care of the City of Boynton Beach, ') ~ The time required to maintain the sculpture on a yearly basis would be about two hours time. The initial maintenance material investment cost is about $96.00, but once purchased would last for two or three years. The material needed for the sculptures maintenance are; boiled linseed oil, at $22.00 a gallon; water sealer, at $14.00 a gallon and Sculpt Nouveau wax, a UV wax developed by Ron Young of Escondido, Ca, at $60.00 a gallon. The "Opus 14 Sea Turtle" sculpture, once installed at the Oceanfront Park location, should be maintained or at least checked on a yearly basis. A mixture of butcher wax and linseed oil should be generously applied and allowed to dry, follow by a coat of water based sealer. The sculpture has an oil base internal coating which was applied after the piece was finished by way of an access hole for application. This 3M product is called Rust Fighter Amber and is guaranteed to have an active ingredient which never hardens and protects the sculpture from the inside. I applied this type of coating through a plug in the belly 18 years ago. It is inserted with a wand under pressure. In preparation for installing and securing the sculpture in the Oceanfront Park, I would drill and tap into bottom of the flippers and insert 7/16" stainless steel treaded rod drilled into the base to secure with akemi epoxy. I would recoat the interior chamber of the sculpture with the rust fighter product and coat the exterior with water sealant. The sculpture is warranted with a five year maintenance package during which time I could instruct a Recreation and Park employee with the simple task of maintaining the sculpture. The maintenance package would be included in the price quoted to the city. Rick Beau lieu, Sculpture and Gallery owner Richard Beau Lieu - Beau Lieu Sculpture Studios 422 West Industrial Avenue, Boynton Beach FL 33426 www.neighborhoodgallery.com bea ulieustudios@aol.com Phone 561-736-8181 Fax 561-742-7740 3 VI.-CONSENT AGENDA ITEM F. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] 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 Citv Clerk's Office C") D August] 9,2008 August 4,2008 (Noon) ~ October 2], 2008 October 6, 2008 (Noon) ~ E~ CI) -<a D D November 5, 2008 rrt September 2, 2008 August ]8, 2008 (Noon) October 20, 2008 (Noon) .." C")'"T'f W rm r'l"\O D September ]6, 2008 September 2,2008 (Noon) D November] 8, 2008 November 3, 2008 (Noon)O ::0-< ~Z .." (.I)...... D October 7, 2008 September ]5, 2008 (Noon) D December 2, 2008 November ]7,2008 (Noo~ 0 0% ~ ..,., .."m W - ,." (")> +"" 1"1"1(") D AnnouncementslPresentations D City Manager's Report :z:: NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Motion to approve the reduction of a cash bond for the Monterey Bay project from $32,670.00 to $9801.00. A letter dated September 23,2008 requesting the reduction is attached. EXPLANATION: This request represents a 70% reduction for the partial completion of the construction and installation of the required improvements to support the Project. The remaining cash bond will be held until the project is completed and the one-year warranty period is complete. PROGRAM IMPACT: N/A FISCAL IMPACT: 001-0000-220-99-00 ALTERNATIVES: N/A I I .... /... j ."f"' ~~ :' ~. " ~ / 't\ } j f::' t . ( / . I (f ; r.- .1 '. ' '.,' ~ .. -, . . > . .." ~ . 1"". ii' ~-, \ ' . _ i.r ". I' '- . / .', Department He~a' s Signature City Manager's Signature t/ J( :.;~'; ! "! Assistant to City Manager ~ -.J Public Works/Engineering /F&t Department Name City Ary6mey / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC II SEP 5 STANDARD PACIFIC HOMES September 23 . 2008 Standard Pacific Homes 1990 Vista Parkway West Palm Beach. FJ. ~."41 ] Mr. Dave Kelley City Engineer City of Boynton Beach, FI Engineering Department RE : Cash Bond Reduction We would at this time like to request the reduction to the cash bond for the project MONTEREY. We are in agreement with the terms as outlined to us by Angelena MichaeL which would at this time reduce the bond of $ 32.670.00 by 70%, The original bond was posted with the City in June of 2004. If tbere is anything else you might need to initiate thi~ process you may contact me ~.. 305-796-7303 or via e-mail at rarchuleta(2D.stanpac,com ~ Rudy Archuleta Land Development Manager South Florida Division 9900 SW ] 07 Avenue · Miami, Florida 33] 76 TEL (305) 595-328] . FAX (305) 598-0389 t O'i-14-3726B 6-2001 --- -- ..__._--_._~ -----------'"---- -~ -- ~ - --- - --_... ---- -,_.- ..- -..- "- --~...............- ".-- Uankof America. . Cashier's Check No. 3408764 II- ~ L. 0 B ? b L. II. I: I. I. 1..0000 I. 11.: 00 I. b I.. 1.00 20 b 211. ~-_.,._---~---_.~. -. ---...-..-- . , , VI.-CONSENT AGENDA ITEM G. 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 August 19,2008 August 4, 2008 (Noon) X October 21, 2008 October 6, 2008 (Noon) o September 2, 2008 August 18, 2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) o September 18, 2008 September 2, 2008 (Noon) o November 18. 2008 November 3, 2008 (Noon) o October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 17,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM X Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to renew the following insurance policies: Automobile Liability & Physical Damage Preferred Governmental Insurance Trust (PGIT) Equipment Breakdown Insurance Hartford Steam Boiler Inspection & Insurance Company Inland Marine Insurance for marine vessels Continental Insurance Company (CNA) EXPLANATION: Renewal of current programs negotiated by newly awarded insurance broker, Public Risk Insurance Agency. Renewal is based upon initial programs awarded in 2007 with renewal options, PROGRAM IMPACT: Continuing utilization of these insurance programs with uninterrupted coverage as noted. FISCAL IMPACT: Premiums included in FY 2008-9 Budget identified: FY 2007-8 FY 2008-9 522-1710-519.45-02 Automobile Liability $126,444 $ 83,119 + $9,978 (1 mo) = $ 93,097 522-1710-519.45-03 Automobile Physical Damage $ 92,178 $ 90,519 + $9, 978 (1 mo) = $100,497 522-1710-519.45-04 Equipment Breakdown $ 14,356 $ 14,447 522-1710-519.45-04 Inland Marine $ 8,995 $ 8,565 (NOTE: The Automobile policies were extended for 1 month using the 2007 -8 annualized premium. The new 2008-9 auto policies are for 11 months to continue the October 1 renewal date in 2009.) Expiration of current policies will result in lack of insurance for City's vehicle fleet, equipment marine programs. J~o~ , ~~ ~ . ent Head's Signature City Manager's Signature Assistant to City Manager ~ RISK MANAGEMENT Department Name City Attorney I Finance RM/RFP Insurance Program 2008/ Agenda Cover Sheet Ins Renewals.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~()\\Il PRIAI r~'n I PUBLIC RISK INSCRANCE AGENCY CITY OF BOYNTON BEACH AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE Term: November I. 2008 to November 1. 2009 Company: Preferred Governmentallnsurance Trust (PGIT) Limits of Liability: (Based on 474 Vehicles) Primary Bodily Injury and Property $2,000,000 - Symbol 1 Damage Liability - Combined Personal Injury Protection $10,000 - Statutory Uninsured Motorist Rejected Liability SIR: $100,000 Each Accident Physical Damage: Comprehensive - 228 vehicles, SymbollO Collision - 228 vehicles, Symbol 10 Physical Damage Deductible: Comprehensi ve $ L 000 Collision $1. 000 Coverage and Notes of Importance: l. Hired and non-owned liability is included. 2. Hired physical car damage is included at $35,000 maximum, 3. Premium is based on number of vehicles and subject to adjustment if schedule is changed. 4, Limits of Liability are subject to Florida Statute 768.28. 5. Symbol1O=Per Symbol 2, except coverage only applies to vehicles valued $20,000 and more. Further, all vehicles on the schedule to be valued $90.000 or more are covered on an Agreed value Basis rather than ACY. Page 7 of 20 JE(\~11 P RIA ro\\'n PlJBLIC RISK INStJRANCE AGENCY CITY OF BOYNTON BEACH BOILER AND MACHINERY Term: Annual (quote expires 10/31/08) Compan y: Hartford Steam Boiler and Inspection Company (Rated A,X) Quote Number: FBP-0370004-00(l7) Declaration No: 1 of 1 Named Insured: Boynton Beach, City of Location(s): As per schedule submitted Total of 34 locations =========== COVERAGES =========== =========== L~rrS =========== Equipment Breakdown Limit............................. $ 60,000,000. Property Damage ................... .....,.,......,'............ Included Off Premises Property Damage '.............,.......... Excluded Business Income ... ..........................., ." .,....'....... Excluded Extra Expense..............,..............,...............,... ... Excluded Service Interruption .......................... ....... .......... Excluded Contingent Business Income.............................. Excluded Perishable Goods.. .........,... ........ ........................ $ 50,000. Data Restoration................. ...............'.. ,............. $ 50,000. Demolition............,... ..................... ,..'........"..,... $ 100,000. Ordinance or Law.............................................. $ 100,000. Expediting Expenses ,.....'..,.........., ,.......' ...........' $ 50,000. Hazardous Substances .......,............... '......,.",.,'.' $ 50,000. Newly Acquired Locations ................................ $ 500,000. =========================== DEDUCTIBLES ============================ Direct Coverages.. .............. .....,..............."", ,... ,. $ 5,000. Except Transformers/MEA ...,.................... $1.50 Per KV A, $5,000 Minimum Except NC and Refrigeration Systems...... $25.00 Per Horsepower, $5,000 Minimum Except Motors,Pumps&Deep Well Pump Units $10.00 Per Horsepower, $5,000 Minimum Page 8 of 20 ~ PRIA ()\\ n I r~\\'n PUBLIC RISK INSLRANCE AGENCY CITY OF BOYNTON BEACH HULL AND PROTECTION & INDEMNITY Tern1: November 25.2008 to November 25,2009 Company: Continental Casualty lnsurance Company (Rated A. XV) Limits of Liability: Hull $152.000 (2vessels, 2trailers, 3motors & 6 dock sections As on file with the insurance carrier) Hull Deductible $2,500 per loss (AOP) 5% for windstorm Protection & Indemnity $1,000,000 P&I Deductible $2,500 ( Bodily Injury) $2.500 (Physical Damage) All other terms and conditions are as expiring TRIA - Optional TRIA coverage is offered at a flat additional premium. If you opt to reject this coverage, a rejection form will need to be signed. Page 12 of 20 ~"~n P RIA ro\\'n PUBLIC RISK INSlJRANCE AGENCY CITY OF BOYNTON BEACH PREMIUM RECAPITULATION Annual Premium Check Option Accepted Reiected Automobile Liability & Physical Damage $173,638 [J C Boiler & Machinery $14,446.03* [J [J Hull and P&I $ 8,564.80* J C TRIA option $ 430.00 !J [] *Premium includes mandatory Florida Hurricane Catastrophe Fee I authorize PRIA to request the underwriters to bind coverage on the items indicated above and acknowledge receipt of the Compensation Disclosure(s) provided in this proposal. (Signature) (Name & Title) (Date) Page 13 of 20 VI.-CONSENT AGENDA ITEM H. 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 o August 19, 2008 August 4, 2008 (Noon) I:8J October 21, 2008 October 6,2008 (Noon) o September 2, 2008 August 18,2008 (Noon) D November 5, 2008 October 20,2008 (Noon) D September 18, 2008 September 2, 2008 (Noon) D November 18, 2008 November 3, 2008 (Noon) D October 7, 2008 September 15, 2008 (Noon) D December 2, 2008 November 17,2008 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM I:8J Consent Agenda D Legal D Code Compliance & Legal Settlements 0 Unfinished Business D Public Hearing 0 RECOMMENDATION: Appoint two (2) members of Commission to hold voting rights at the National League of Cities (NLC) Annual Business Meeting, November 15,2008, EXPLANATION: The NLC Annual Business Meeting will be held on Saturday, November 15, 2008 at the conclusion of the Congress of Cities and Exposition in Orlando from November 11-15,2008, As a direct member city, the city is entitled to vote at this meeting. To be eligible to cast a vote, a delegate and an alternate must be designated, PROGRAM IMPACT: N/A FISCAL IMP ACT: N/ A ALTERNATIVES: Not to appoint a delegate and an alternate and not have voting rights at the NLC Annual Business Meeting, ~, City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC To strengthen and oromote . ,-Lt~_ " cities as centers -.:......<t~) Y).'.'IL','L 0' opportunity ! ~ / I .,... leaoershlp and I~..t. " G.t ./..t governance 38/.:/.:10 S \I]L\I-INI-IIAI '1 tih ~tt ['" j; ,0 J\I \!vv ^ 18 '-. ~(} ,"., (2-<-- ~~.~ September 23. 2008 ~~ ..I ,,35; .::':"; II BOOZ t 180 n: I c:::> .~-< IU-, - National League MEMORANDUM QL~ n. c . :J!~,I :::?,; fC't' /,~\ I' ~,L ~I I II ,~ o f les ,/ 'J L' d -: [\....'iI f"...., .__:' " .-'=-! '~ :x ::: TO: Direct Member Cities ~ ~..;;:: -'--' 1301 Pennsylvania Ave., N.W _ .:;;' == Washington. D.::; 20004.1763 . . .. -., tt 202.626.3000 FROM: Donald J. BonIt. ExecutIve DIrector w n~ Fax 202.626.3043 \.0 ~C www.nlc,org SUBJECT: Congress of Cities V oting Delegates :::: 2008 Officers Presioent The National League of Cities Annual Business Meeting will be held on Saturday. r.vnthl8 McCoIlUrT1 ~- 'Council Member November 15, 200~, at the conclusion of the Congress of Cities and Exposition lD Madison, Alabama. ....... Orlando. As a dIrect member city. vour city is entitled to vote at this meeting. FIrst Vice PreSident .. .,t ~ Kathleen M. Novak Based on population as of the :2000 Census. each member citv casts between one and Mayor ,.I Northglenn. Colorado twenty votes. The number of votes for each population range can be found on the Second Vice President table on the reverse of this memorandum. Roneld 0 Loveridge Mayor Rlversloe, California To be eligible to cast a citv's vote. a voting delegate and alternate must be officialh Immediate Past President .I '- '- - James C. Hunt designated by the city using the enclosed credentials form. This form will be Councllmember i- - C'arksburg West Virginia forwarded to NLC's Credentials Committee. NLC bylaws expressly prohibit voting ExecutIVe Director bv proxy. City elected officials should be made aware of this request so that Donald J. Borut .. , declslOns can be made as to who will be the voting delegate and alternate( s). At the Congress of Cities, the voting delegate must pick up the city" s voting card at the Credentials Booth before the Annual Business Meeting and must be present ar the Annual Business Meeting to cast the city" s vote. Alternates should also visit the credentials booth before the meeting to pick up their stickers which identify them as alternate voting delegates, The Credentials Booth will be open throughout the Congress of Cities. Please return the completed form to NLC by fax at 202-626-3043 on or before October 31, 2008, and keep the original for your own files, If you have any questions or concerns, contact Ken Rosenfeld. NLC policy manager. at rosenfeld@nle.org or 202-626-3027, Thank you. Past Presidents: Clarence E. Anthony, Mayor. South Bay Florida. John DeStefano, Jr., Mayor, New Haven. Connecticut. Brian J. O'Neill. Councilman. Philadelphia. Pennsylvama Directors: ~ Brenner, Mayor, 'York Pennsylvania. Carl Brewer, Mayor, Wlchrta, Kansas. Susan Burgess, Mayor Pro Tern. Charlone. North Carolina. Susan J. Cave, Executrve DIrector. OhIO MunICipal Le~ Malcom Chapman. Akjerman. Rapid City. South Dakota. Miguel M. Chavez, Councilor/Mayor Pro Tem. Santa Fe. New Mexico. Marshand K. Crisler. Councitmember. Jackson, MISSIssippi.. Joseph A. Curtatone, Mavor. Somerville. Massachusetts.. Doborah Denard Delgado, Councilwoman. Hal1iesburg, MissIssIppi.. Doug Echols, Mayor, Rock HilL South Carolrna . Pat Eklund. Mayor Pro Tem, Novalc California.. James J. Finlay, Jr., Executive Director and CEO. Conneclicul Conference of Municipalities.. John P. Franklin, Councllmember, Chattanooga, Tennessee. J. David Fraser. Executive Direc10r Nevada League of Cilles and MunicIpalities. Donald A. Groesser, Mayor Ralston. Nebraska .. Jeanne Harris, Councilmember, Vancower. Washington.. Daun S. Hester. CounCilwoman, Nortolk, Vlrglma.. Deborah A. Hill. Council Member. Warrensville HeIghts. Ohio. Michael E. Johnson. Councllmember. Phoenix. Anzona .. Bobby G. Kilgore. Mayor, Monroe. North Catalina .. Jennifer L. Kim. Councilmember. Austin, TeKas.. Sylvia L. Lovely, EKecUlive Director. Kentucky League of Cities. Inc .. Robin Lowe. Council Member. Hemet. California.. Daisy W. Lynum. CommISSIoner Ol1aOOo, Flonda .. Margaret H. Mahery, ExecUllVe Director. Tennessee Municipal League.. Sam Marnet, Executive Director, Cotorado Municipal league.. Henry F. Marraffa, Jr.. Councilmember. Gaithersburg, Maryland. Tom Ed McHugh, Executive Director. LouiSIana Municrpal ASSOCiatIon. Frank C. Ortis, Mayor. Pembroke Pines, Florida.. Tzettel Paras-Caracci, Council Member. Duarte Cahtotnla .. Elizabeth C I Paterson. Mayor. Mansfield, Connecticut .. Daniel S. Pocek, Mayor. Bedford. Ohio. Debbte W. Quinn. Councilmember, Falmope, Alabama. Sonja Reece, Mayor Pro Tem, Normal illinois. L. Lynn ReK. ExecutIVe Director. League of Nebraska MunicIpalities. Sergio Rodriguez, Alderman, New Haven. ConnecllCut.. Steve Salazar, Councilmember. Dallas Texas.. Audwin M. Samuel. Councllmembet/Mavo' 1 Pro Tem_ Beaumont. Texas.. James Taylor. Councilman. lInleton Colorado.. Dennis P. Zine, Councilman, Los Angeles, Califomla ...'...... -..... NA TIONAL LEAGUE OF CITIES 2008 CONGRESS OF CITIES ORLANDO, FLORIDA Number of Votes - Annual Business Meeting Direct Member Cities Article IV, Section 2 of the National League of Cities bylaws specifies the number of votes that each NLC direct member city is entitled to cast at the Annual Business Meeting at the Congress of Cities. Member cities are required by the bylaws to cast unanimous votes. CITY POPULATION (per 2000 Census) NUMBER OF VOTES Under 50,000 1 vote 50,000 - 99,999 2 votes 100,000 - 199,999 4 votes 200,000 - 299,999 6 votes 300,000 - 399,999 8 votes 400,000 - 499,999 10 votes 500,000 - 599,999 12 votes 600,000 - 699,999 14 votes 700,000 - 799,999 16 votes 800,000 - 899,999 18 votes 900,000 and above 20 votes CREDENTIALS FORM NATIONAL LEAGUE OF CITIES. 2008 CONGRESS OF CITIES. ORLAN DO, FLORIDA At the Annual Business Meeting on Saturday, November 15, 2008, each direct member city of NLC is entitled to cast from one to 20 votes based upon the city's population per the 2000 census, through its designated voting delegate. Please indicate below your city and state, voting delegate and alternate(s), and sign and date the form. The form should be faxed to NLC at 202-626-3043, by the October 31, 2008 deadline. The official voting delegate and alternate(s) for the city/town of: FOR OFFICE USE ONLY (DO NOT WRITE IN THIS SPACE) Voting card issued to: --~._- -_.-- ~-- -- ~-- ~.._~ (type or print the name of your city/town and state) VOTING DELEGATE: (signature) 1. ---- ---~- .-~ "- Votes: NAME - ..- --,~ 1 - 2 3 -- TITLE AL TERNA TE VOTING DELEGA TE(S): 2. ~..~..._.- --"....._- --- -- NAME TITLE 3. ---- --------- - _.- ----- NAME TITLE PLEASE SIGN AND FAX THIS FORM TO NLC BY OCTOBER 31, 2008 A TTENTION: WILL MCGAHAN, POLICY ASSIST ANT FAX: 202-626-3043 Signature (city representative): ---.----- -'''''- litle. Dote VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM I. AGENDA ITEM REQUEST FOInl 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 August 19, 2008 August 4, 2008 (Noon) C8J October21,2008 October 6,2008 (Noon) o September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) o September 18, 2008 September 2, 2008 (Noon) o November 18, 2008 November 3, 2008 (Noon) o October 7, 2008 September 15, 2008 (Noon) o December 2, 2008 November 17,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM C8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Appoint representative(s) from the City Commission for the City's membership to the Business Development Board. EXPLANATION: The Business Development Board (BDB) is a private, not-for-profit corporation founded in 1982 as Palm Beach County's official economic development organization. They work to attract and retain business investment through corporate relocations, expansions and international trade; and provide marketing support and business networking services through a paid membership organization that partially funds economic development services, Since 1993, more than 225 company relocations and expansions assisted by the Business Development Board resulted in the creation of over 22,000 jobs and added in excess of $4 billion to the Palm Beach County economy. This October 2008, the CRA will be upgrading their membership to the Corporate Level and the City will be cost sharing the membership fee with the CRA. This will enable both the CRA and the City to have three (3) representatives from each organization, PROGRAM IMPACT: The BDB's mission is to attract and retain jobs and businesses in Palm Beach County. Members enjoy direct connections with other top business leaders, across a variety of industries, who share a common interest in the future of this county. The BDB provides opportunities for direct business opportunities; promotional value and organizational visibility and personal networking opportunities. The BDB brings together members for meetings and events on a monthly basis. They hold quarterly stakeholder events in specific industries such as BioScience and quarterly lunches are attended by more than 400 leading business, government and community leaders, Members have preferred access to the economic research department for county statistics, demographics, industry trends and more. BDB publications and newsletters, such as Profile Magazine, Monthly E-Newsletter and the Quarterly Prospector are delivered to members at no cost. Membership in the BDB was also listed as a recommendation as part of the American Assembly GAP Analysis Staff Report, to "Actively work with the PBe Business Development Board and Economic Development Research Institute to market Boynton Beach for light industrial and R&D in new areas & technologies in order to establish a niche ". FISCAL IMPACT: Corporate Level Membership with the Palm Beach County Business Development Board costs $5,000 annually, The CRA has agreed to pay $2,500 and the City will pay the remaining $2,500 from the City Commission FY 2008-2009 budget account # 00 I-Ill 0-511-54-20, S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNATIVES: Not to appoint City Commission representatives to the Palm Beach County Business Development Board. ') ~~ ", City Manager's Signature Assistant to City Manager ~ City Manager's Office Department Name City Attorney / Finance S\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM. DOC ~ VI-CONSENT AGENDA ~ ITEM J. 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 August 19, 2008 August 4, 2008 (Noon) [8J October 21, 2008 October 6, 2008 (Noon) D September 2, 2008 August 18, 2008 (Noon) D November 5, 2008 October 20, 2008 (Noon) D September 16, 2008 September 2,2008 (Noon) D November 18,2008 November 3,2008 (Noon) D October 7,2008 September 15, 2008 (Noon) D December 2, 2008 November] 7,2008 (Noon) D Announcements/Presentations 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 RECOMMENDA TION: Possible Annexation of Property at Hypoluxo and Seacrest - Authorize Staff to enter into utility extension agreement with Palm Beach Memorial Park with a cost recovery of City costs over a 10 year period. Authorize staff to prepare amendment of2001 Billboard Consent Decree, EXPLANATION: The City has been discussing the annexation of Palm Beach Memorial Park, a 25.6 acre parcel of property located on the west side of Seacrest near Hypoluxo, The property is used as a cemetery and funeral home, The City previously entered into water and sewer pre-annexation agreements with property to the north which includes a Sam's Club, Best Western Hotel, Popeye's Chicken, Taco Bell and Pizza Hut. The terms of the agreement require these parcels to annex to the City when they become contiguous to the City limits, The path to gaining contiguity is annexation of the cemetery property. Recently, the City was also contacted by Sam's Club because they desire to install a retail fueling facility at this store. Staff suggested that Sam's Club work with Palm Beach Memorial Park to consider a joint application for annexation. Staff met with representatives of both Sam's Club and Palm Beach Memorial Park last week to further discuss the annexation, Palm Beach Memorial Park desires to hook up to the City's utility system for the two buildings on their property (Funeral Home and Office). The estimated cost of the extension of utilities to serve both buildings is between $100,000 and $110,000, according to Boynton Beach Utilities. While the lines would be constructed by a private contractor, Palm Beach Memorial Park has requested City cost participation in the construction of these lines. Staff is proposing that Palm Beach Memorial Park pay for $30,000 of the utility and fee costs with the balance of the project costs be paid by the City with a 10 -year payback provision as part of a utility bill surcharge, Palm Beach Memorial Park has tentatively agreed to this arrangement. In addition, the cemetery is requesting authorization from the City to allow the installation of the one of two remaining 1-95 billboards from the 200 I Consent Decree, This would provide a revenue stream for the property owner, Location of a billboard on the cemetery property will require that the Consent Decree be amended, Subject to an acceptable location of the sign on the cemetery property, staff supports the location of one of the two remaining billboards onto the cemetery property, The working relationship between the City and Hardin Holdings (the billboard company) has been very good. Sam's Club upon annexation proposes to install the retail fueling facility, which is very similar to the one at BI's Wholesale Club. PROGRAM IMPACT: The annexation of Palm Beach Memorial Park will allow the City to also annex the commercial property at the SW corner of Hypoluxo and Seacrest. All businesses except the gas station at the SW corner have signed utility pre-annexation agreements with Boynton Beach. Because the proposed land use amendment requires review by the Florida Department of Community Affairs (DCA) as part of the semi-annual program review, the annexation cannot take place until calendar year 2009 meaning that the City will not receive property taxes until 2010. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Based on the 2008 property tax rate of .64553, the assemblage of property will contribute $120,000 annually to the City in property tax revenues beginning in 2010. The estimate is based on the following calculations: Property Tax Calculation - Seacrest/Hypoluxo Annexation 2008 88 Rate> > 0.64553 Projected Business Name Address Street peN 2008 Value Taxes to B6 Per PAPA Site 2008 Rate Sam's Club 7233 Sea crest Blvd 00-43-45-09-23-000-0010 $ 10,222,556 $ 65,990 Best Western 7051 Seacrest Blvd 00-43-45-09-23-000-0022 $ 4,604,099 $ 29,721 Taco Bell/Pizza Hut 7035 Sea crest Blvd 00-43-45 -09- 23-000-0030 $ 1,358,275 $ 8,768 Popeyes Chicken 7049 Sea crest Blvd 00-43-45-09- 23-000-0021 $ 869,583 $ 5,613 Palm Beach Memorial Park 3691 Seacrest Blvd 00-43-45 -09-05-00 1-00 20 $ 1,580,000 $ 10,199 Est Annual to City $ [20,291 (After 1/1/2010) KB: 10/12/08 AL TERNA TIVES: Do not authorize staff to enter into the utility cost-sharing agreement and the amendment to the billboard consent decree with Palm Beach Memorial Park. This will stop the annexation discussions with Palm Beach Memorial Park and cause Sam's Club to either abandon their business expansion plans, seek annexation to the Town of Lantana or secure approval of their expansion plan from Palm Beach County even though they prefer annexation into Boynton Be')h. 1 /) ,-1 oK~~~~ ~1~~'L . Department Head's Signature City Manager's Signature Assistant to City Manager ~ -..- Department Name City Attorney / Finance S IBULLETINIFORMSIACiENDA ITEM REQUEST FORM. DOC ", ", --, ~,.,..~ ... :'~,J.Iit':f\ L\.~J b! ... :Iii '< b (\-''', , r,"! ';~< '_t'-I >;{<< .~ . ' j,'1JI....~ .' IS'.' ..... ._ ~ ..<c~,)all" .... ~ .'~ -, ,', ir;'. JI l 1 ,,' ~ ' !;Tf: , ,.l:~1 ~ ' . l; , !.j ;,tj'i.:" ~ I,;': _ '~i',:F' ....fr? 2" . IIfiI /;1 c..'. ~ ~r,'r.' '.'. "i,t. (: , ,,.,r)'''- ~ w ~'" 'Ii?-,' ' "1 '" .. ",>."\.. ;: '~~~-:"_~-;;- ~-~=ei' :'- .. r . . ;~jr~.~ ~~~ ~" . ." c,:, -" !*l1I!: OJ! 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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 0 August 19,2008 August 4, 2008 ONoon) r8J October 21,2008 October 6,2008 ONoon) 0 September 2, 2008 August 18,2008 ONoon) 0 November 5, 2008 October 20,2008 ONoon) 0 September 18, 2008 September 2,2008 ONoon) 0 November 18, 2008 November 3, 2008 ONoon) 0 October 7, 2008 September 15,2008 ONoon) 0 December 2, 2008 November 17,2008 ONoon) 0 AnnouncementslPresentations 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: Authorize the use of$300.00 to Boynton Beach High School Girls Basketball program from Commissioner Ross's Community Investment Fund. EXPLANATION: Commission approval is requested for allocation of$300.00 to the Boynton Beach High School Girls Basketball program to assist with funding of athletic insurance and necessary equipment purchases. PROGRAM IMPACT: Allocation of funds will assist the above program. FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. AL TERN A TIVES: Decline to authorize the requested use. Department Head's Signature kanag",s SignaMe Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: October 16, 2008 Requested by Mayor/Commissioner: Commissioner Ross Amount Requested: $300.00 Recipient/Payee: Boynton Beach High School Girls Basketball Program Description of project, program, or activity to be funded: Allocation of funds will assist in funding for athletic insurance and necessary equipment purchases. Dated: jC)lv!O'i' By:/~ (J~ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $1,200 has been used to date by the requesting Member, leaving a balance of available funds of $8,800. This request would bring the available amount down to $8,500. Accordingl y: ~ There are funds available as requested o ,There are insufficient funds availab~rdn Dated: n Ib,~ By: ~~ Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) Dated: aV The proposed expenditure of funds will not result in improvement to private property; uY" The recipient/payee provides services within the City of Boynton Beach; o The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ~roper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. l()- 1!2~ O~ By: ~~ City Manager '--- S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc Page 1 of 1 Welsh, Pam From: Marlene Ross [marlene_ross@yahoo.com] Sent: Wednesday, October 15,20084:49 PM To: Welsh, Pam Cc: Bressner, Kurt Subject: elF request?? Follow Up Flag: Follow up Flag Status: Red Hi, Pam. I just picked up my mail this afternoon and noticed the requests to help two Boynton Beach High School programs. If you sent this information to me by regular e-mail then I didn't receive it---this is my first time seeing the official requests. Please add my request to Tuesday night's commission meeting agenda (10/21/08). I would like to make a contribution from my discretionary funds for BOTH programs, as outlineded in each letter: · $1,200 for the Boynton Beach Aerospace Science program toward the upcoming trip to Embry-Riddle Aeronautical University in Vero Beach on October 23 - 25. . $ 300 toward the Boynton Beach High School Varsity Girls Basketball program. TOTAL: $1,500 Please let me know if you have any questions. Thank you. Marlene 10/16/2008 .// I. -/ BOYNTON BEACH COMMUNITY HIGH SCHOOL Dignity. Respect. Personal Responsibility 4975 Park Ridge Boulevard Boynton Beach, Florida 33426 Phone: 1-561-752-1200 Fax: 1-561-752-1205 Keith Oswald Principal September 26, 2008 Commissioner Woodrow Hay City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 (561) 742-6000 Dear Commissioner Hay: ~~~;~/~~~' CITY MANAGER'S OFFICE l The Boynton Beach High School Girls Basketball program is entering its eighth season of competition and has been very successful in recent years. Last year the Varsity team finished with a 21-9 record and was only one game shy of the state final four. Each year the athletes work tirelessly trying to raise funds to help support the program. We have car washes, football parking, football concessions, walk/jog-a-thons, etc. All of these fundraisers combined are not enough to cover all our expenses. Our operating budget ranges between $12,000 & $18,000. We are asking you and the city of Boynton Beach to please assist us in this endeavor. We are asking for your assistance in the amount of$1,200. This money will be earmarked to assist our players with athletic insurance and necessary equipment purchases. Your donation would assist us in meeting some very tough financial goals Insurance fee for each athlete is $50.00. Some of our athletes are not able to pay this fee. Therefore, they are denied participation. We are allowed to have anywhere from 45-50 girls in the program. However, we usually only have about 30-35 because athletes can't meet the financial demands. Basketball has proven to be a very positive academic outlet for some of our students. In the past years our program has helped numerous young ladies to continue their education at the next level. We are very proud oftht:ir accomplishments and we would like to add more young ladies to this equation. Thank you for considering us for a donation. We look forward to hearing from you soon. Please feel free to contact me if you have any questions: Sincerely, ,.} ~. , \-Jsa R. Johns , Head Coach Girls Basketball t@Js '''llEACHC~ I VI.-CONSENT AGENDA ITEM L. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 19,2008 August 4, 2008 ONoon) r8J October 2 I, 2008 October 6, 2008 ONoon) 0 September 2, 2008 August 18,2008 (Noon) 0 November 5, 2008 October 20, 2008 ONoon) 0 September 18,2008 September 2,2008 ONoon) 0 November 18, 2008 November 3, 2008 ONoon) 0 October 7,2008 September 15,2008 ONoon) 0 December 2, 2008 November 17,2008 ONoon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM r8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Authorize the use of$I,200.00 to Boynton Beach High School from Commissioner Ross's Community Investment Fund. EXPLANATION: Commission approval is requested for allocation of$1,200.00 to the Boynton Beach High School Aerospace Science program to assist in sending 31 students on a three day trip October 23, 24, and 25, 2008 to various aerospace locations in Florida (see attached letter). PROGRAM IMPACT: Allocation of funds will assist the above program. FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. ALTERNATIVES: Decline to authorize the requested use. Department Head's Signature 4.", Signature Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: October 16, 2008 Requested by Mayor/Commissioner: Commissioner Ross Amount Requested: $1,200.00 Recipient/Payee: Boynton Beach High School Aerospace Science Program Description of project, program, or activity to be funded: Allocation of funds will assist in sending 31 student on a three day trip October 23,24, and 25,2008 to various aerospace locations in Florida. Dated: Ie};, Je) ~ By:d~ ~)dJ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $0 has been used to date by the requesting Member, leaving a balance of available funds of $10,000. This request would bring the available amount down to $8,800. Accordingly: o There are funds available as requested o There are insufficient funds avail~b~HStef'\ !! Dated: 10.' " .).d f)J{ BY:~~ Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) Dated: cY The proposed expenditure of funds will not result in improvement to private property; I:Y'" The recipient/payee provides services within the City of Boynton Beach; ~The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and uV'" Proper safeguards will be implemented to assure that the public funds being , appro~ated will be used for the state~d p~ : ,r/'b 10'0 By: _ -= ity Manager S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc Page 1 of 1 Welsh, Pam From: Marlene Ross [marlene_ross@yahoo.com] Sent: Wednesday, October 15, 20084:49 PM To: Welsh, Pam Cc: Bressner, Kurt Subject: elF request?? Follow Up Flag: Follow up Flag Status: Red Hi, Pam. I just picked up my mail this afternoon and noticed the requests to help two Boynton Beach High School programs. If you sent this information to me by regular e-mail then I didn't receive it---this is my first time seeing the official requests. Please add my request to Tuesday night's commission meeting agenda (10/21/08). I would like to make a contribution from my discretionary funds for BOTH programs, as outlineded in each letter: . $1,200 for the Boynton Beach Aerospace Science program toward the upcoming trip to Embry-Riddle Aeronautical University in Vero Beach on October 23 - 25. . $ 300 toward the Boynton Beach High School Varsity Girls Basketball program. TOTAL: $1,500 Please let me know if you have any questions. Thank you. Marlene 10/16/2008 /' /1 .,"/ City of Boynton Beach Kurt Bressner, City Manager 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 Dear Mr. Bressner: BOYNTON BEACH COMMUNITY HIGH SCHOOL Dignity. Respect. Personal Responsibility 4975 Park Ridge Boulevard Boynton Beach, Florida 33426 Phone: 1-561-752-1200 Fax: 1-561-752-1205 Keith Oswald Principal CK:J 8:~~ September 29,2008 em MANAGER'S OFFICE Thursday, September 25, 2008, we had the pleasure of Commissioner Marlene Ross visiting Boynton Beach Community High School. During this visit Commissioner Ross was given a tour of our Academy programs and when visiting the Boynton Beach Aerospace Science Program she was tole of our growth and the activities we are undertaking - one of which is a three day trip October 23,24, and 25,2008. The itinerary for this trip is: 10/23 7:30 am 10:00 am 12:30 pm 1:15 pm 2:30 pm 5:00 pm 10/24 9:30 am 3:00 pm 10/25 9:30 am 12:00 pm leave school by van's for Vero Beach tour Piper Aircraft Company lunch travel to Titusville tour the Tyco War Bird Air Museum travel to Daytona Beach for the evening Embry-Riddle Aeronautical University (full day of activities) Travel to Davenport for the evening Tour Fantasy of Flight lunch and leave to return to Boynton Beach Community High School This trip will cost each student $120.00 - there are 31 students in our advanced program that qualify for this trip. The Boynton Beach Aerospace Science Advisory Board and students have undertaken fundraising activities to offset this expense. I would appreciate any donation to help us reach the goal so that all children may attend this wonderful opportunity of experiencing the world of aviation - past, present, and future. SinrrtEJ , Ke.i /th . O._____SWal /;d, ~CCiall /J ~v/~r Paul . ershorin, BASA Director VI. CONSENT AGENDA ITEM M 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 August 19,2008 !;gl October 21, 2008 C') August 4, 2008 (Noon) October 6, 2008 (Noon) 0 n-'1 <::x) ~-< o September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20,2008 (Noon) g -<<:::; --4 ",,-" 0 o November 18, 2008 N r-Q"J September 18,2008 September 2, 2008 (Noon) rr'lo November 3, 2008 (Noon)_ ;""1)-::: o October 7,2008 o December 2, 2008 November 17, 2008 (Noo~ ~:z.:: September 15, 2008 (Noon) (Jl ..., 0 C:? 0% ""t') -q1JiJ - ~ 0 Announcements/Presentations 0 City Manager's Report ~'> - l'Tto 0 0 :t:: NATURE OF Adm inistrative New Business AGENDA ITEM !;gl Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Authorize the use of$500.00 to Boynton Beach High School from Commissioner Hay's Community Investment Fund. EXPLANATION: Commission approval is requested for allocation of$500.00 to the Boynton Beach High School Aerospace Science program to assist in sending 31 students on a three day trip October 23, 24 and 25, 2008 to various aerospace locations in Florida (see attached letter). PROGRAM IMPACT: Allocation of funds will assist the above program. FISCAL IMP ACT: (Include Account Number where funds will come from) 00 I-Ill 0-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. AL TERNA TIVES: Decline to authorize the requested use. Department Head's Signature ~e"s SignaMe CIn<-- Department Name City I S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: October 21, 2008 Requested by Mayor/Commissioner: Commissioner Hay Amount Requested: $500.00 Recipient/Payee: Boynton Beach High School Aerospace Science Program Description of project, program, or activity to be funded: Allocation of funds will assist in sending 31 students on a three day trip October 23,24, and 25, 2008 to various aerospace locations in Florida. Dated: Join / {j~ By:/'~ iv/~ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $0 has been used to date by the requesting Member, leaving a balance of available funds of $1 0,000. This request would bring the available amount down to $9,500. Accordingly: ,;iiiJ'" There are funds available as requested :::J There are insufficient funds available as re Dated: 10 . 2..( . 02 By: Part 111- Eligibility Evaluation (to be completed by City Manager) ~ The proposed expenditure of funds will not result in improvement to private property; [!'/ The recipient/payee provides services within the City of Boynton Beach: 0 The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ry-- Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. I i " l 0 - d tJ - '0 V I Dated: By: ~~..,~ City Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc BOYNTON BEACH COMMUNITY IDGH SCHOOL Dignity · Respect. Personal Responsibility 4975 Park Ridge Boulevard Boynton Beach, Florida 33426 Keith Oswald Phone: 1-561,.752-1200 Principal Fax: 1-561-752-1205 City of Boynton Beach ~ 8:~~ September 29, 2008 Kurt Bressner, City Manager oor 100 E. Boynton Beach Blvd. P.O. Box 310 em MANAGER.S OFFICE Boynton Beach, FL 33425-0310 Dear Mr. Bressner: Thursday, September 25,2008, we had the pleasure of Commissioner Marlene Ross visiting Boynton Beach Community High. School. During this visit Commissioner Ross was given a tour of our Academy programs and when visiting the Boynton Beach Aerospace Science Program she was tola of our growth and the activities we are undertaking - one of which is a three day trip October 23,24, and 25,2008. The itinerary for this trip is: 10/23 7:30 am leave school by van's for Vero Beach 10:00 am tour Piper Aircraft Company 12:30 pm lunch 1:15 pm travel to Titusville 2:30 pm tour the Tyco War Bird Air Museum 5:00 pm travel to Daytona Beach for the evening 10/24 9:30 am Embry-Riddle Aeronautical University (full day of activities) 3:00 pm Travel to Davenport for the evening 10/25 9:30 am Tour Fantasy of Flight 12:00 pm . lunch and leave to return to Boynton Beach Community High School This trip will cost each student $120.00 - there are 31 students in our advanced program that qualify for this trip. The Boynton Beach Aerospace Science Advisory Board and students have undertaken fundraising activities to offset this expense. I would appreciate any donation to help us reach the goal so that all children may attend this wonderful opportunity' of experiencing the world of aviation - past, present, and future. SWJ1lJ Keith Oswald, Principal - ~ r . Paul . ershorin, BASA Director I VI. CONSENT AGENDA ITEM N CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be C') edn~ Meeting Dates in to City Clerk's Office Meeting Dates in to Ci Clerk's 0 ~-<: o August 19,2008 !;gl October 21, 2008 g -<tt'I August 4, 2008 (Noon) October 6,2008 (Noon) --4 n-" N iGZ rt10 o September 2, 2008 o November 5, 2008 - :;;,,-< August 18,2008 (Noon) October 20, 2008 (Noon) ~% ::c- (Jl-l o September 18, 2008 September 2, 2008 (Noon) o November 18,2008 :x 0 November 3, 2008 (Noonb 0% ~ .." ..,,~ o October 7, 2008 o December 2, 2008 -'..' September 15,2008 (Noon) November 17,2008 ~ooJEC n-~ rr't(':) :r 0 Announcements/Presentations 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM !;gl Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Authorize the use of$I,OOO.OO to Boynton Beach High School from Commissioner Hay's Community Investment Fund. EXPLANATION: Commission approval is requested for allocation of$I,OOO.OO to the Boynton Beach High School Girls Basketball program to assist with funding of athletic insurance and necessary equipment purchases. PROGRAM IMP ACT: Allocation of funds will assist the above program. FISCAL IMPACT: (Include Account Number where funds wiJ) come from) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. AL TERNA TIVES: Decline to authorize the requested use. k - Department Head's Signature City Manager's Signature Assistant to City ~ Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: October 21,2008 Requested by Mayor/Commissioner: Commissioner Hay Amount Requested: $1,000.00 Recipient/Payee: Boynton Beach High School Girls Basketball Program Description of project, program, or activity to be funded: Allocation of funds will assist in funding for athletic insurance and necessary equipment purchases. Dated: j{//~/ /C'''tr By: /.?~ L (./[-L/~ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $500 has been used to date by the requesting Member, leaving a balance of available funds of $9,500. This request would bring the available amount down to $8,500. Accordingly: -tit-' There are funds available as requested o ,There are insufficient funds availabl~~e:::~~:-, Dated: I' 2./.08 By: (:1 _ - Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) 6 The proposed expenditure of funds will not result in improvement to private property; ~ The recipient/payee provides services within the City of Boynton Beach; 0 The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ~Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. to -~\,. 00 j~ Dated: BY:~" , '"'- City Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc -_.-., BOYNTONBEACHCO~YHIGHSCHOOL Dignity. Respect. Personal Responsibility 4975 Park Ridge Boulevard Boynton Beach, Florida 33426 Keith Oswald Phone: 1-561-752-1200 Principal Fax: 1-561-752-1205 September 26, 2008 Commissioner Woodrow Hay ~ilT:I;~~\#~~ City of Boynton Beach 100 East Boynton Beach Boulevard OCT 8 2000 0 Boynton Beach, FL 33435 (561) 742-6000 Dear Commissioner Hay: CITY MANAGER'S OFFICE The Boynton Beach High School Girls Basketball program is entering its eighth season of competition and has been very successful in recent years. Last year the Varsity team finished with a 21-9 record and was only one game shy of the state final four. Each year the athletes work tirelessly trying to raise funds to help support the program. We have car washes, football parking, football concessions, walkljog-a-thons, etc. All of these fundraisers combined are not enough to cover all our expenses. Our operating budget ranges between $12,000 & $18,000. We are asking you and the city of Boynton Beach to please assist us in this endeavor. We are asking for your assistance in the amount of $1 ,200. This money will be earmarked to assist our players with athletic insurance and necessary equipment purchases. Your donation would assist us in meeting some very tough financial goals Insurance fee for each athlete is $50.00. S.ome of our athletes are not able to pay this fee. Therefore, they are denied participation. We are allowed to have anywhere from 45-50 girls in the program. However, we usually only have about 30-35 because athletes can't meetthe fmancial demands. Basketball has proven to be a very positive academic outlet for some of our students. In the past years our program has helped numerous young ladies to continue their education at the next level. Weare very proud of their accomplishments and we would like to add more young ladies to this equation. Thank you for considering us for a donation. We look forward to hearing from you soon. Please feel free to contact me if you have any questions: m~ ~ IIEAOl ~ . VIII.-PUBLIC HEARING CITY OF BOYNTON BEACH ITEM A. AGENDA ITEM REQUEST FORl\ 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 August 19, 2008 August 4, 2008 (Noon) [8] October 21, 2008 October 6, 2008 (Noon) o September 2, 2008 August 18, 2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) o September 18, 2008 September 2,2008 (Noon) o November 18, 2008 November 3, 2008 (Noon) o October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 17,2008 (Noon) 0 Announcements/Presentati ons 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business [8] Public Hearing 0 RECOMMENDATION: Please place this request on the October 21,2008 City Commission Agenda under Public Hearing and Legal: Ordinances - I sl Reading. The Planning and Development Board on September 23,2008, reviewed and forwards this proposed code amendment with a recommendation for approval. For further details pertaining to this request, see attached memorandum No. 08-077. EXPLANATION: PROJECT: Land Development Regulation (LDR) Rewrite Deliverable and Project Update A portion of Group 6 ~ Property Maintenance Requirements AGENT: City-initiated DESCRIPTION: A portion of Group 6 deliverable, pursuant to the LDR Rewrite Work Schedule, which includes Article IV, newly drafted Property Maintenance Requirements, to be codified within existing Part II of the City's Code of Ordinances, This proposed section will replace a portion of Chapter 20 (Building, Housing and Construction General) of the LDR, and relocate it to Chapter 10 of Part II. This valuable code section establishes new property maint~nance requirements that would provide minimum standards for the upkeep of all vacant and developed property in the city, Unlike most portions of the LDR, which are interrelated and associated with new construction or redevelopment, this section is independent from the LDR, targets existing vacant and built properties, and would have immediate affect upon adoption. PROGRAM IMPACT: -"0 lOOT o..ro-=:~ FISCAL IMP ACT: ALTERNATIVES: ~ ~~~.... ;,.p f) Lo 'fOr. Developm City Manager's Signature ~ Assistant to City Manager CIw------ Planning and Zonin rector City Attorney I Finance S:\Planning\Zoning Code Update\LDR ewritelAgenda RequestslAgenda Item Request LOR Group 6 Ptll Cpt 10 CORY 07-004 10-21-08.doc S.\BULLETrN\FORMSIAGENOA ITEM REQUEST FORM.DOC i i 1 ORDINANCE NO. 08- I I - I " AN ORDINANCE OF THE CITY COMMISSION OF THE J 4 CITY OF BOYNTON BEACH, FLORIDA AMENDING THE 5 CITY OF BOYNTON BEACH CODE OF ORDINANCES BY 6 AMENDING PART II, CHAPTER 10, "REFUSE, AND 7 ABANDONED PROPERTY" BY ENACTING A :"lEW 8 ARTICLE IV, "PROPERTY MAINTENANCE 9 REQUIREMENTS" TO PROVIDE FOR STANDARDS FOR 10 THE MAINTENANCE OF RESIDENTIAL AND NON- 11 RESIDENTIAL PROPERTIES WITHIN THE CITY; 12 REPEALING CITY OF BOYNTON BEACH CODE OF 13 ORDINANCES PART III, CHAPTER 20, ARTICLE I, 14 SECTION 8, "BUILDING SECURITY CODE; ARTICLE II, 15 "ELECTRICAL CODE", ARTICLE V, "ENERGY 16 EFFICIENCY CODE", ARTICLE VIII, "HOUSING", 17 SECTION 1, "GENERALLY", SECTION 2, "MINIMllM ]8 ST ANDARDS", AND ARTICLE IX, "SWIMMING POOLS 19 AND SP AS"; PROVIDING FOR CONFLICTS, 20 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 21 DATE. II I" \VHEREAS, the City Commission desires to amend the City's Property Maintenance ':"J 24 ode in order to provide a mechanism for the continued enforcement of property maintenance 25 tandards throughout the City~ and 26 WHEREAS. the application of specific property maintenance standards will allo\\ the 27 ity to insure that residential and commercial structures are maintained in a safe, sanitar). ..md 28 tructurally sound manner; and 29 WHEREAS, the adoption of a new property maintenance code will be in the best interest 30 l' the health, safety, and welfare of the residents, citizens. and business within the Cit) of 31 oynton Beach. ", NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE .J~ ~" ITY OF BOYNTON BEACH, FLORIDA, THAT: .J.J I I , 1 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 2 confirmed by the City Commission. 3 Section 2, That the following provisions of the City of Boynton Beach Code of 4 Ordinances are hereby repealed in their entirety: Part III, "Land Development Regulations", Chapter 5 20, Article I, Section 8, "Building Security Code; Article II, "Electrical Code", Article V, "Energy 6 Efficiency Code", Article VIII, "Housing", Section 1, "Generally", Section 2, "Minimum 7 Standards", and Article IX, "Swimming Pools and Spas", and shall be of no further force or effect. 8 Section 3. That Part II, Chapter 1 0, "Refuse and Abandoned Property", ofthe City of 9 Boynton Beach Code of Ordinances is hereby amended by enacting a new Article IV, "Property 10 aintenance Requirements", to read as follows: 11 I Refuse, Abandoned Property, and Property Maintenance Reauirements 12 * * * 13 RTICLE IV. PROPERTY MAINTENANCE RE UIREMENTS 14 Sec. 10-54. Rules. 15 Unless otherwise expressly stated, the following terms shall. for the purposes of 16 this code have the meanings shown in this section. 17 (1) Interchangeability, Words stated in the present tense include the future; 18 words stated in the masculine gender include the feminine and neuter; the 19 singular number includes the plural and the plural. the singular. 20 (2) Terms not defined. Where terms are not defined through the methods 21 authorized by this section, such terms shall have ordinarily accepted 22 meanings such as the context implies. ')" (3) Parts. Whenever the words "dwelling unit," "dwelling," "premises," --' 24 "building," "rooming house," "rooming unit" "housekeeping unit" or 25 "stOry" are stated in this code, they shall be construed as though they were 26 followed by the words "or any part thereof." 27 Sec. 10-55. Definitions. 28 As used in this article: 29 Aooroved: Approved by the City Manager or designee, 2 , ] I Basement: That portion of a building which is partly or completely belo".\_gradt. ., Bathroom.. A room containing plumbing fixtures including. a bathtub or shower. - " Bedroom: Anv room or space used or intended to be used for sleeping purposes in .) 4 either a dwelling or sleeping unit. 5 Condemn: To adiudge unfit for occupancy. 6 Dwelling Unit: A single unit providing complete. independent living facilities for 7 one or more persons. including permanent provisions for living. sleeping. eating. cooking. 8 and sanitation. 9 Easement: That portion ofland or property reserved for present or future use bv a 10 person or agencv other than the legal fee owner(s) of the property. The easement shall be 11 permitted to be tor use under. on. or above a said lot or lots, 12 Exterior Propertl': The open space of the premises and on adioining property 1 " under the control of owners or operators of such premises, .' 14 Extermination: The control and elimination of insects. rats or other pests b\ 15 eliminating their harborage places: bv removing or makin~ inaccessible materials that 16 serves as their food: by poison spraying. fumigating. and trapping or by any other 17 approved pest elimination methods. 18 Garbage: The animal or vegetable waste resulting from the handling. preparation. 19 cooking. and consumption of food. 20 Guard: A building component or a system of building components located at or 21 near the open sides of elevated walking surfaces that minimizes the possibility of a fall 22 from the walking surface to a lower level. ")" Habitable Space. Space in a structure for living. sleeping. eating, or cooking, ~.) 24 Bathrooms, toilet rooms, closets. halls, storage or utility spaces. and similar areas are not 25 considered habitable spaces. 26 Housekeeping Unit. A room or group of rooms forming a single habitable space 27 equipped and intended to be used for living, sleeping. cooking, and eating which does not 28 contain, within such a unit. a toilet. lavatory and bathtub or shower. 29 Imminent Danger: A condition which could cause serious or life-threatening 30 iniury or death at any time. 31 Infestation: The presence. within or contiguous to, a structure or premIses ot "") insects. rats. vermin or other pests. .'L ..,.., Inoperable }vJotor ~ .chicle. A vehicle which cannot be driven upon the public .' .) 34 streets for reason including but not limited to being unlicensed. wrecked. abandoned. in a 35 state of disrepair. or incapable of being moved under its own power. .., , 1 Labeled: Devices, equipment, appliances, or materials to which has been affixed a 2 label. seal. symbol or other identifying mark of a nationally recognized testing laboratory, 3 inspection agency or other organization concerned with product evaluation that maintains 4 periodic inspection of the production of the above-labeled items and by whose label the 5 manufacturer attests to compliance with applicable nationally recognized standards. 6 Let for Occuvancv or Let: To permit, provide, or offer possession or occupancy of 7 a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is 8 or is not the legal owner of record thereof, pursuant to a written or unwritten lease, 9 agreement or license, or pursuant to a recorded or unrecorded agreement of contract for 10 the sale of land. 11 Occuvancv: The purpose for which a building or portion thereof is utilized or 12 occupied. 13 Occuvant: Any individual living or sleeping in a building, or having possession of 14 a space within a building. 15 Ovenable Area: That part of a window, skylight or door which is available for 16 unobstructed ventilation and which opens directly to the outdoors. 17 Overator: Any person who has charge, care, or control of a structure or premises 18 which is let or offered for occupancy. 19 Owner: Any person, agent, operator, firm or corporation having a legal or 20 equitable interest in the property: or recorded in the official records ofthe state, county or 21 municipality as holding title to the property: or otherwise having control of the property, 22 including the guardian ofthe estate of any such person, and the executor or administrator 23 of the estate of such person if ordered to take possession of real property by a court. 24 Person: An individual. corporation, partnership or any other group acting as a 25 unit. 26 Premises: A lot, plot, or parcel ofland, easement, or public way, including any 27 structures thereon. 28 Public Wav: Any street, alley, or similar parcel ofland essentially unobstructed 29 from the ground to the sky, which is deeded, dedicated, or otherwise permanently 30 appropriated to the public for public use. 31 Rooming House: A building arranged or occupied for lodging, with or without 32 meals, for compensation and not occupied as a one- or two-family dwelling. 33 Rooming Unit: Any room or group of rooms forming a single habitable unit 34 occupied or intended to be occupied for sleeping or living, but not for cooking purposes. 35 Rubbish: Combustible and noncombustible waste materials, except garbage. The 36 term shall include the residue from the burning of wood, coal. coke and other combustible 37 materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard 4 I I trimmings. tin cans. metals. mineral matter. glass. crockerv and dust and otb~L 0II)l!J~J '} materials. '"' Sleeping [init: A room or space in which people sleep, which can also mclude -' 4 permanent provisions for living. eating and either sanitation or kitchen facilities. but not ) both, Such rooms and spaces that are also part of a dwelling unit are not sleeping units. 6 Structure: That which is built or constructed or a portion thereof, 7 Tenant: A person. corporation, partnership or group, whether or not the legal 8 owner of record, occupving a building or portion thereof as a unit. 9 Toilet Room: A room containing a water closet or urinal but not a bathtub or 10 shower. 11 Ventilation: The natural or mechanical process of supplving conditioned or 12 unconditioned air to. or removing such air from. any space. 13 Workmanlike: Executed in a skilled manner; e,g,. generallv plumb. level. square. 14 in line, undamaged and without marring adiacent work. 15 Yard: An open space on the same lot with a structure. 16 Sec. 10-56. General requirements. 17 (a) General. 18 (1) Applicability, The provisions of this section shall govern the minimum 19 conditions and the responsibilities of persons for maintenance of structures, 20 equipment and exterior property located within the City, 21 (2) Responsibility. The owner of the premises shall maintain the structures 22 and exterior property in compliance \vith these requirements, A person shall not I'"' occuPY as owner-occupant or permit another person to occupy premises which are --' 24 not in a sanitary and safe condition and which do not comply with the 25 requirements of this section. Occupants of a dwelling unit. rooming unit or 26 housekeeping unit are responsible for keeping in a clean. sanitary and safe 27 condition that part of the dwelling unit, rooming unit, housekeeping unit or 28 premises. which thev occuPy and control. 29 (3) Vacant structures and land, All vacant structures and premises thereof or 30 vacant land shall be maintained in a clean. safe. secure and sanitary condition as 31 provided herein so as not to cause a blighting problem or adverse Iv affect the ...'} public health or safety. -'~ ".., (b) Exterior propert\' areas. -' .1 34 (1) Sanitation, All exterior property and premises shall be maintained in a 35 clean, safe. and sanitary condition. The occupant shall keep that part of the 36 exterior property. which such occupant occupies or controls in a clean and sanitary 37 condition. :; I 1 (2) Grading and drainage. All premises shall be graded and maintained to 2 prevent the erosion of soil and to prevent the accumulation of stagnant water 3 thereon, except in approved retention areas and reservoirs, or within any structure 4 located thereon. 5 (3) Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, 6 parking spaces, and similar areas shall be kept in a proper state of repair, and 7 maintained free from hazardous conditions. 8 (4) Weeds. All premises and exterior property shall be maintained free from 9 weeds or plant growth in excess of twelve inches ( 12"). All noxious weeds shall 10 be prohibited. Weeds shall be defined as all grasses, plants, and vegetation, other 11 than trees or shrubs provided; however, this term shall not include cultivated 12 flowers, gardens, and yards certified by the Florida Yards and Neighborhoods 13 program. 14 (5) Rodent harborage. All structures and exterior property shall be kept free 15 from rodent harborage and infestation. Where rodents are found, they shall be 16 promptly exterminated by approved processes which will not be injurious to 17 human health. After extermination, proper precautions shall be taken to eliminate 18 rodent harborage and prevent re-infestation. 19 (6) Exhaust vents. Pipes, ducts, conductors, fans, or blowers shall not 20 discharge gases, steam, vapor, hot air, grease, smoke, odors, or other gaseous or 21 particulate wastes directly upon abutting or adiacent public or private property or 22 that of another tenant. 23 (7) Accessory structures. All accessory structures, including detached 24 garages, fences and walls, shall be maintained structurally sound and in good 25 repalr. 26 (8) Defacement of property. No person shall willfully or wantonly damage, 27 mutilate or deface any exterior surface of any structure or building on any private 28 or public property by placing thereon any marking, carving or graffiti. It shall be 29 the responsibility of the owner to restore said surface to an approved state of 30 maintenance and repair. 31 (c) Swimming pools. sPas, and hot tubs, 32 (1) Swimming pools. Swimming pools shall be maintained in a clean and 33 sanitary condition, and in good repair. 34 (2) Enclosures. Private swimming pools, hot tubs, and spas, containing water 35 more than 24 inches (610 mm) in depth shall be completely surrounded by a fence 36 or barrier at least 48 inches ( 1219 nun) in height above the finished ground level 37 measured on the side of the barrier away from the pool. Gates and doors in such 38 barriers shall be self-closing and self-latching. Where the self-latching device is 39 less than 54 inches ( 1372 mm) above the bottom of the gate, the release 40 mechanism shall be located on the poolside of the gate. Self-closing and self- 6 1 latching gates shall be maintained such that the gate will positJveh close anJ iatc)} J when released trom an open position 01'6 inches ( 152 mm) from the gateposLJ"g 3 existing pool enclosure shall be removed. replaced. or changed in a manner that 4 reduces its etTectiycness as a safety ban-ier. Spas or hot tubs with a safcJ~~~}\ er 5 that complies with ASTM F 1346 shall be exempt from the proyision::,()jJbj~::, 6 section, 7 (d) E'(terior structure. 8 (1) General. The exterior of a structure shall be maintained in good repair. 9 structurallv sound and sanitary so as not to pose a threat to the public health. 10 safety. or welfare, 11 (2) Protective treatment. All exterior surfaces. including but not limited to. 12 doors. door and window frames. cornices. porches, trim. balconies, decks and 13 fences shall be maintained in good condition. Exterior wood surfaces. other than 14 decay resistant woods. shall be protected from the elements and decay bv painting 15 or other protective covering or treatment. Peeling. flaking and chipped paint shall 16 be eliminated and surfaces repainted. All siding and masonrv joints as well as 17 those between the building envelope and the perimeter of windows, doors. and 18 skvlights shall be maintained weather resistant and watertight. All metal surfaces 19 subiect to rust or con-asian shall be coated to inhibit such rust and corrosion and 20 all surfaces with rust or con-osion shall be stabilized and coated to inhibit future 21 rust and corrosion. Oxidation stains shall be removed from exterior surfaces. 22 Surfaces designed for stabilization by oxidation are exempt from this requirement. 23 (3) Premises identification. Buildings shall have approved address numbers 24 placed in a position to be plainly legible and visible from the street or road 25 fronting the property. These numbers shall contrast with their background, 26 Address numbers shall be Arabic numerals or alphabet letters, Numbers shall 27 have a minimum stroke width of 0.5 inch ( 12,7 mm) and shall be a minimum of 4 28 inches ( 102 mm) high for single family units. 4 inches ( 102 mm) high at front and 29 rear entrances for multi-family units. and 6 inches ( 153 mm) for commercial units, 30 (4) Structural members. All structural members shall be maintained free from 31 deterioration. and shall be capable of safely supporting the imposed dead and live " loads. -)~ ..,.., (5) Foundation walls, All foundation walls shall be maintained plumb and -) -' 34 free from open cracks and breaks and shall be kept in such condition so as to 35 prevent the entry of rodents and other pests, 36 (6) Exterior walls. All exterior walls shall be free from holes. breaks. and 37 loose or rotting materials, and maintained weatherproof and properIv surface 38 coated where required to prevent deterioration, 39 ( 7) Roofs and drainage. The roof and Dashing shall be sound. tight and not 40 have defects that admit rain, Roof drainage shall be adequate to prevent dampness 41 or deterioration in the walls or interior portion of the structure. Roof drains. I I 7 I I , I I i 1 gutters, and downspouts shall be maintained in good repair and free from 2 obstructions. Roofwater shall not be discharged in a manner that creates a public 3 nUIsance. 4 (8) Decorative features. All cornices, belt courses. corbels, terra cotta trim, 5 wall facings, and similar decorative features shall be maintained in good repair 6 with proper anchorage and in a safe condition. 7 (9) Overhang extensions. All overhang extensions including, but not limited 8 to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust 9 ducts shall be maintained in good repair and be properly anchored so as to be kept 10 in a sound condition. When required, all exposed surfaces of metal or wood shall 11 be protected from the elements and against decay or rust by periodic application of 12 weather-coating materials, such as paint or similar surface treatment. 13 (10) Stairwavs, decks. porches and balconies. Every exterior stairway, deck, 14 porch and balcony, and all appearances attached thereto, shall be maintained 15 structurally sound, in good repair, with proper anchorage and capable of 16 supporting the imposed loads, 17 (11) Chimneys and towers, All chimneys, cooling towers, smoke stacks, and 18 similar appurtenances shall be maintained structurally safe and sound, and in good 19 repaIr . All exposed surfaces of metal or wood shall be protected from the 20 elements and against decay or rust by periodic application of weather coating 21 materials, such as paint or similar surface treatment. 22 (12) Handrails and guards. Every handrail and guard shall be firmly fastened 23 and capable of supporting normally imposed loads and shall be maintained in 24 good condition. 25 (13) Window, skylight and door frames. Every window, skylight, door, and 26 frame shall be kept in sound condition, good repair, and weather tight. 27 a. Glazing. All glazing materials shall be maintained free from cracks 28 and holes. 29 b. Openable windows. Every window, other than a fixed window, 30 shall be easily openable and capable of being held in position by window 31 hardware. 32 (14) Insect screens. Every door, window and other outside opening required for 33 ventilation of habitable rooms, food preparation areas, food service areas or any 34 areas where products to be included or utilized in food for human consumption are 35 processed, manufactured, packaged or stored shall be supplied with approved 36 tightly fitting screens of not less than 16 mesh per inch ( 16 mesh per 25 mm), and 37 every screen door used for insect control shall have a self-closing device in good 38 working condition. 39 Exception: Screens shall not be required where other approved means, such as air 40 curtains or insect repellent fans, are employed. 8 1 (15 ) Doors. All exterior doors. door assemblies. and hardware 5ha11.j;l--,=, 2 maintained in good condition. Locks at all entrances to dwelling units and 3 sleeping units shall tighth secure the door. Locks on means of egress dour~.~hall 4 be in accordance with Section 1 U-60( blL1L 5 (16) Basement and crawl space hatch\vavs. Everv basement hatchway shall be 6 maintained to prevent the entrance of rodents. rain. and surface drainage water. 7 (17) Guards for basement and crawl space windows and vents. Everv basement 8 window that is openable shall be supplied with rodent shields. stonn windows or 9 other approved protection against the entry of rodents, 10 (18) Building securitv. Doors. windows. or hatchways for dwelling units. room 11 units. or housekeeping units shall be provided with devices designed to provide 12 security for the occupants and propertv within. 13 a. Doors, Doors providing access to a dwelling unit. rooming w1it. or 14 housekeeping unit that is rented. leased. or let shall be equipped with a 15 deadbolt lock designed to be readilv openable from the side from which 16 egress is to be made without the need for keys. special knowledge. or 17 effort and shall have a lock throw of not less than I inch ( 25 mm ). Such 18 deadbolt locks shall be installed according to the manufacturer's ]9 specifications and maintained in good working order. For the purpose of 20 this section. a sliding bolt shall not be considered an acceptable deadbolt 21 lock. 22 b, Windows, Operable windows located in whole or in part within 6 ," feet ( 1828 mm) above ground level or a walking surface below that ~.) 24 provide access to a dwelling unit, rooming unit or housekeeping unit that ,- is rented, leased or let shall be equipped with a windovv sash lockinf! -) 26 device, 27 28 29 (e) interior structure. 30 (1) General. The interior of a structure and equipment therein shall be 31 maintained in good repair. structurally sound. and in a sanitary condition. 32 Occupants shall keep that part of the structure which they occupy or control in a 33 clean and sanitary condition. Every owner of a structure containing a rooming 34 house, housekeeping unit. a hotel, a dormitory. two or more dwelling units or two 35 or more nomesidential occupancies, shall maintain. in a clean and sanitary' 36 condition, the shared or public areas of the structure and exterior property 37 (2) Structural members, All structural members shall be maintained 38 structurally sound, and be capable of supporting the imposed loads, l) , I 1 (3) Interior surfaces. All interior surfaces, including windows and doors, shall 2 be maintained in good, clean, and sanitary condition. Peeling, chipping, flaking, 3 or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, 4 decayed wood, and other defective surface conditions shall be corrected. 5 (4) Stairs and walking surfaces. Every stair, ramp, landinI?:, balcony, porch, 6 deck, or other walking surface shall be maintained in sound condition and good 7 repaIr. 8 (5) Handrails and guards, Every handrail and guard shall be firmly fastened 9 and capable of supporting normally imposed loads and shall be maintained in 10 good condition, 11 (6) Interior doors. Every interior door shall fit reasonably well within its 12 frame and shall be capable of being opened and closed by being properly and 13 securely attached to iambs, headers, or tracks as intended by the manufacturer of 14 the attachment hardware, 15 (f) Handrails and guardrails. 16 (1) General. Every exterior and interior flight of stairs having more than four 17 risers shall have a handrail on one side of the stair and every open portion of a 18 stair, landing, balcony, porch, deck, ramp or other walking surface which is more 19 than 30 inches (762 mm) above the floor or grade below shall have guards. 20 Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches 21 0067 mm) high measured vertically above the nosing of the tread or above the 22 finished floor of the landing or walking surfaces. Guards shall not be less than 30 23 inches (762 mm) high above the floor of the landing, balcony, porch, deck, or 24 ramp or other walking surface. 25 Guards shall not be required where exempted by the Florida Building code. 26 (g) Rubbish and 5!arbage, 27 (1) Accumulation of rubbish or garbage. All exterior property and premises, 28 and the interior of every structure, shall be free from any accumulation of rubbish 29 or garbage. 30 (2) Disposal of rubbish, Every occupant of a structure shall dispose of all 31 rubbish in a clean and sanitary manner by placing such rubbish in approved 32 containers. 33 a, Refrigerators. Refrigerators and similar equipment not in 34 operation shall not be discarded, abandoned, or stored on premises without 35 first removing the doors. 36 (3 ) Disposal of garbage, Every occupant of a structure shall dispose of 37 garbage in a clean and sanitary manner by placing such garbage in an approved 38 garbage disposal facility or approved garbage containers. 10 1 a, Garbage facilities. The owner of every dwelling shall suppb_~ne ,.., of the following: an approved mechanical food waste grinder ilL each " dwelling unit: an approved incinerator unit in the structure available to the -' 4 occupants in each dwelling unit: or an approved kak-proof._l,'Q\~J~<i 5 outside garba2:e container. 6 b. Containers, The operator of everv establishment producing 7 garbage shall provide. and at all times cause to be utilized. approved leak- 8 proof containers provided with close-fitting covers for the storage o(~ucb 9 materials until removed from the premises for disposal. 10 (h) Exterminarion 11 (1) Infestation. All structures shall be kept free trom insect and rodent 12 infestation. All structures in which insects or rodents are found shall be prompth 13 exterminated by approved processes that will not be iniurious to human health. 14 After extermination, proper precautions shall be taken to prevent re-infestation. 15 (2) Owner. The owner of any structure shall be responsible for extem1ination 16 within the structure prior to renting or leasing the structure. 17 (3) Single occupant. The occupant of a one-familv dwelling or of a single- 18 tenant nonresidential structure shall be responsible for extem1ination on the 19 premIses. 20 (4) Multiple occupancy. The owner of a structure containing two or more 21 dwelling units. a multiple occupancy. a rooming house or a nonresidential 22 structure shall be responsible for extermination in the public or shared areas ofthe ,..,,, structure and exterior propertv. If infestation is caused by failure of an occupant ~-' 24 to prevent such infestation in the area occupied, the occupant shall be responsible 25 for extermination, 26 (5) Occupant. The occupant of any structure shall be responsible for the 27 continued rodent and pest-free condition of the structure. Where the infestations 28 are caused by defects in the structure. the owner shall be responsible for 29 extermination. 30 Sec. 10-57. Li2ht, ventilation and occupancy limitations. 31 32 (a) General. 33 34 (1) Scope, The proVISIOns of this section shall govern the mmmmm 35 conditions and standards for light, ventilation. and space for occupying a structure. 36 37 (2) Responsi bility. The owner of the structure shall provide and maintain 38 light. ventilation and space conditions in compliance with these requirements. A 39 person shall not occuPy as owner-occupant, or permit another person to occupv. 40 any premises that do not comply with the requirements of this section, 41 I ] 1 I I 1 (3) Alternative devices. In lieu of the means for natural light and ventilation 2 herein prescribed, artificial light or mechanical ventilation complying with the 3 Florida Building Code shall be permitted. 4 5 (b) Light. 6 7 (1) Habitable spaces. Every habitable space shall have at least one window of 8 approved size facing directly to the outdoors or to a court. The minimum total 9 glazed area for every habitable space shall be 8 percent of the floor area of such 10 room. Wherever walls or other portions of a structure face a window of any room 11 and such obstructions are located less than 3 feet (914 mm) from the window and 12 extend to a level above that of the ceiling of the room, such window shall not be 13 deemed to face directly to the outdoors nor to a court and shall not be included as 14 contributing to the required minimum total window area for the room. Where 15 natural light for rooms or spaces without exterior glazing areas is provided 16 through an adioining room, the unobstructed opening to the adioining room shall 17 be at least 8 percent of the floor area of the interior room or space, but not less 18 than 25 square feet (2.33 mm). The exterior glazing area shall be based on the 19 total floor area being served, 20 21 (2) Common halls and stairways. Every common hall and stairway in 22 residential occupancies, other than in one- and two-family dwellings, shall be 23 lighted at all times with at least a 60-watt standard incandescent light bulb for 24 each 200 square feet ( 19 m2) of floor area or equivalent illumination, provided 25 that the spacing between lights shall not be greater than 30 feet (9144 mm), In 26 other than residential occupancies, means of egress, including exterior means of 27 egress, stairways shall be illuminated at all times the building space served by the 28 means of egress is occupied with a minimum of 1 footcandle 01 lux) at floors, 29 landings and treads. 30 31 (3) Other spaces. All other spaces shall be provided with natural or artificial 32 light sufficient to permit the maintenance of sanitary conditions, and the safe 33 occupancy of the space and utilization ofthe appliances, equipment, and fixtures. 34 35 (c) Ventilation. 36 37 0) Habitable spaces. Every habitable space shall have at least one openable 38 window. The total openable area of the window in every room shall be equal to at 39 least 45 percent of the minimum glazed area required in Section 1 0-57(b)0 ). 40 Where rooms and spaces without openings to the outdoors are ventilated through 41 an adioining room, the unobstructed opening to the adioining room shall be at 42 least 8 percent of the floor area of the interior room or space, but not less than 25 43 square feet (2.33 nun). The ventilation openings to the outdoors shall be based on 44 a total floor area being ventilated. 45 46 (2) Bathrooms and toilet rooms. Every bathroom and toilet room shall comply 47 with the ventilation requirements for habitable spaces as required above, except 12 I that a window shall not be required in such spaces equipped 'vvith a medl'1illcal " ventilation svstem. Air exhausted bv a mechanical ventilation system Jrom d - " bathroom or toilet room shall discharge. to the outdoors and shall l1QJ b~J.:I.:' .) 4 circulated. 5 6 (3 ) Cooking facilities. Unless approved through the certificate of occupancy. 7 cooking shall not be permitted in any rooming unit or dormitory unit. and a 8 cooking facility or appliance shall not be permitted to be present in the rooming 9 unit or dormitorY unit. Cooking facilities may be located in a room otherwise 10 prohibited by this section where the Building Official specifically approves such a 11 location in writing, Devices such as coffee pots and microwave ovens shall not be 12 considered cooking appliances. 13 14 (4) Process ventilation, Where iniurious, toxic, irritating, or noxious tumes. 15 gases, dusts or mists are generated, a local exhaust ventilation system shall be 16 provided to remove the contaminating agent at the source, Air shall be exhausted 17 to the exterior and not be re-circulated to any space, 18 19 (5) Clothes drYer exhaust. Clothes dryer exhaust svstems shall be independent 20 of all other systems and shall be exhausted in accordance with the manufacturer's 21 instructions. ,') j" (d) ()ccuoancv limitations. "".) 24 25 (I) Privacy. Dwelling units, hotel units, housekeeping units. rooming units 26 and dormitory units shall be arranged to provide privacy and be separate from 27 other adjoining spaces, 28 29 (2) Minimum room widths, A habitable room, other than a kitchen. shall not 30 be less than 7 feet ( 2134 mm) in any plan dimension. Kitchens shall have a clear 31 passageway of not less than 3 feet (914 mm) between counter-fronts and ,,') appliances or counter-fronts and walls. J"" 33 34 (3) Minimum ceiling heights. Habitable spaces, hallways, corridors, laundrv 35 areas, bathrooms, toilet rooms and habitable basement areas shall have a clear 36 ceiling height of not less than 7 feet (2134 mm). 37 38 Exceptions: 39 40 a. In one and two-familv dwellings, beams. or girders spaced not 41 less than 4 feet ( 1219 mm) on center and proiecting not more than 6 42 inches ( 152 mm) below the required ceiling height. 43 44 b. Basement rooms in one and two-familv dwellings occupied 45 exclusivelv for laundry, studv or recreation purposes, having a ceiling 46 height of not less than 6 feet 8 inches (2033 mm) with not less than 6 feet ] -" 1 4 inches ( 1932 mm) of clear height under beams, girders, ducts and similar 2 obstructions. 3 4 c. Rooms occupied exclusively for sleeping, study or similar 5 purposes and having a sloped ceiling over all or part of the IOOl1., 6 with a clear ceiling height of at least 7 feet (2134 mm) over not 7 less than one-third of the required minimum floor area. In 8 calculating the floor area of such rooms, only those portions of the 9 floor area with a clear ceiling height of 5 feet (1524 mm) or more shall be 10 included. 11 12 (4) Bedroom and living room requirements. Every bedroom and living room 13 shall comply with the following requirements: 14 15 a. Room area, Every living room shall contain at least 120 square 16 feet (1 1.2 m2) and every bedroom shall contain at least 70 square feet (6.5 17 m2). 18 19 b. Access from bedrooms. Bedrooms shall not constitute the only 20 means of access to other bedrooms or habitable spaces and shall not serve 21 as the only means of egress from other habitable spaces. This provision 22 shall not apply to units that contain fewer than two bedrooms. 23 24 c, Water closet accessibility, Every bedroom shall have access to at 25 least one water closet and one lavatory without passing through another 26 bedroom. Every bedroom in a dwelling unit shall have access to at least 27 one water closet and lavatory located in the same story as the bedroom or 28 an adiacent story. 29 30 d. Prohibited occupancy. Kitchens and non-habitable spaces shall not 31 be used for sleeping purposes. 32 33 e. Other requirements. Bedrooms shall comply with the applicable 34 provisions of this code including, but not limited to, the light, ventilation, 35 room area, ceiling height and room width requirements of this section; the 36 plumbing facilities and water-heating facilities requirements of Section 4; 37 the heating facilities and electrical receptacle requirements of Section 5; 38 and the smoke detector and emergency escape requirements of Section 6. 39 40 (5) Overcrowding, The number of persons occupying a dwelling unit shall not 41 create conditions that. in the opinion of the Chief Building OfficiaL endanger the 42 life, health, safety, or welfare of the occupants. 43 44 (6) Efficiency unit. Nothing in this section shall prohibit an efficiency living 45 unit from meeting the following requirements: 46 14 1 a. A unit occupied bv not more than t\<\o occupants shall hav~a clCaI , Hoor area of not less than 220 square feet ( 20.4 m2 ). A w1it occupieqJ;1.1 - , three occupants shall have a clear tloor area of not less than 3::':il~~rc -) 4 feet (29. 7m2 ). These required areas shall be c'i,c1usi\ e of the:J[~a:;, 5 required bv Items 2 and 3, 6 7 b. The unit shall be provided with a kitchen sink. cooking appliance; 8 and refrigeration facilities. each having a clear working space of not less 9 than 30 inches (762 mm) in front. Light and ventilation conforming tQ ]0 this code shall be provided, 11 ]2 c. The unit shall be provided with a separate bathroom containin~ a 13 water closet. lavatorv, and bathtub or shower. ]4 15 d. The maximum number of occupants shall be three. 16 17 (7) Food preparation. All spaces to be occupied for food preparation purposes 18 shall contain suitable space and equipment to store. prepare. and serve foods in a ]9 sanitary manner. There shall be adequate facilities and services for the sanitary 20 disposal of food wastes and refuse, including facilities for temporary storage. 21 II Sec. 10-58. Plumbinf! facilities and fixture requirements. I' --) 24 (a) General. 25 26 (1) Scope. The provisions ofthis section shall govern the minimum plumbing 27 systems. facilities. and plumbing fixtures to be provided. 28 29 (2) Responsibility. The owner of the structure shall provide and maintain 30 such plumbing facilities and plumbing fixtures in compliance with these 31 requirements. A person shall not occupv as owner-occupant or pem1it another 32 person to OCCUpy any structure or premises which does not comply with the ", requirements of this section. _D 34 35 (b) Required tacilit ies. 36 37 (1) Dwelling units, Every dwelling unit shall contain its own bathtub or 38 shower, lavatory. water closet. and kitchen sink which shall be maintained in a 39 sanitarv. safe working condition. The lavatory shall be placed in the same room as 40 the water closet or located in close proximity to the door leading directly into the 41 room in which such water closet is located. A kitchen sink shall not be used as a 42 substitute for the required lavatorv. 43 44 (2) Rooming houses. At least one water closet. lavatory and bathtub or 45 shower shall be supplied for each four rooming units, 46 ] 5 1 (3) Hotels. Where private water closets, lavatories and baths are not provided, 2 one water closet, one lavatory and one bathtub or shower having access from a 3 public hallway shall be provided for each ten occupants. 4 5 (4) Employees' facilities. A minimum of one water closet. one lavatory, and 6 one drinking facility shall be available to employees. 7 8 a, Drinking facilities, Drinking facilities shall be a drinking fountain, 9 water cooler, bottled water cooler, or disposable cups next to a sink or 10 water dispenser. Drinking facilities shall not be located in toilet rooms or 11 bathrooms. 12 13 (c) Toilet rooms. 14 15 (1) Privacy. Toilet rooms and bathrooms shall provide privacy and shall not 16 constitute the only passageway to a hall or other space, or to the exterior. A door 17 and interior locking device shall be provided for all common or shared bathrooms 18 and toilet rooms in a multiple dwelling. 19 20 (2) Location. Toilet rooms and bathrooms serving hotel units, rooming units 21 or dormitory units or housekeeping units, shall have access by traversing not more 22 than one flight of stairs and shall have access from a common hall or passageway. 23 24 (3) Location of employee toilet facilities. Toilet facilities shall have access 25 from within the employees' working area. The required toilet facilities shall be 26 located not more than one story above or below the employees' working area and 27 the path oftravel to such facilities shall not exceed a distance of 500 feet (152 m ). 28 Employee facilities shall either be separate facilities or combined employee and 29 public facilities. Facilities that are required for employees in storage structures or 30 kiosks, which are located in adiacent structures under the same ownership, lease 31 or control. shall not exceed a travel distance of 500 feet (152 m) from the 32 employees' regular working area to the facilities, 33 34 (4) Floor surface. In other than dwelling units, every toilet room floor shall be 35 maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be 36 easily kept in a clean and sanitary condition. 37 38 (d) Plumbinz svstems and fixtures. 39 40 (1) General. All plumbing fixtures shall be properly installed and maintained 41 in working order, and shall be kept free from obstructions, leaks and defects and 42 be capable of performing the function for which such plumbing fixtures are 43 designed. All plumbing fixtures shall be maintained in a safe, sanitary, and 44 functional condition. 45 46 (2) Fixture clearances. Plumbing fixtures shall have adequate clearances for 47 usage and cleaning. 16 I 1 ') (3 ) Plumbing system hazards, Where it is found that a plumbing system ID d - '"' structure constitutes a hazard to the occupants or the structure by reason of -) 4 inadequate service. inadequate venting. cross connection. back-siphonage. 5 improper installation. deterioration, or damage or for similar reasons. the Buildin12 6 Official shall require the defects to be corrected to eliminate the hazard. 7 8 (e) Water svstem. 9 10 (1) General. Everv sink. lavatorv. bathtub or shower, drinking fountain. water 11 closet. or other plumbing fixture shall be properlv connected to either. a public 12 water system or to an approved private water svstem, All kitchen sinks, lavatories. 13 laundry facilities. bathtubs and showers shall be supplied with hot or tempered 14 and cold running water in accordance with the Florida Building Code. Plumbing. 15 16 (2 ) Contamination, The water supply shall be maintained free from 17 contamination, and all water inlets for plumbing fixtures shall be located above 18 the flood-level rim of the fixture. Shampoo basin faucets, ianitor sink faucets and 19 other hose bibs or faucets to which hoses are attached and left in place. shall be 20 protected bv an approved atmospheric-type vacuum breaker or an approved 21 permanently attached hose connection vacuum breaker. 22 ...,,., (3 ) Supply. The water supply system shall be installed and maintained to --) 24 provide a supply of water to plumbing fixtures. devices, and appurtenances in 25 sufficient volume and at pressures adequate to enable the fixtures to function 26 properly, safely. and free from defects and leaks, 27 28 (4) Water heating facilities. Water heating facilities shall be properly 29 installed. maintained and capable of providing an adequate amount of water to be 30 drawn at every required sink. lavatory. bathtub, shower. and laundry facility at a 31 temperature of not less than llOoF (430C), A gas-burning water heater shall not ,.,..., be located in anv bathroom. toilet room. bedroom or other occupied room .)~ ..,,., normally kept closed. unless adequate combustion air is provided. An approved _) _1 34 combination temperature and pressure-relief valve and relief valve discharge pipe 35 shall be properly installed and maintained on water heaters. 36 37 (f) Sanitarv druinage svstem. 38 39 (1) General. All plumbing fixtures shall be properly connected to either a 40 public sewer svstem or to an approved private sewage disposal system, 41 42 (2 ) Maintenance, Every plumbing stack. vent, waste and sewer line shall 43 function properly and be kept free from obstructions, leaks and defects, 44 45 (g) Storm druinugc. 46 17 1 (1) General. Drainage of roofs and paved areas, yards and courts, and other 2 open areas on the premises shall not be discharged in a manner that creates a 3 public nuisance, 4 5 Sec. 10-59. Mechanical and electrical requirements. 6 7 (a) General. 8 9 (1) Scope. The provisions of this section shall govern the minimum 10 mechanical and electrical facilities and equipment to be provided. 11 12 (2) Responsibility, The owner of the structure shall provide and maintain 13 mechanical and electrical facilities and equipment in compliance with these 14 requirements. A person shall not occupy as owner-occupant or permit another 15 person to occupy any premises which does not comply with the requirements of 16 this section. 17 18 (b) Reserved. 19 20 (c) Mechanical equipment. 21 22 (1) Mechanical appliances. All mechanical appliances, fireplaces, solid fuel- 23 burning appliances, cooking appliances and water heating appliances shall be 24 properly installed and maintained in a safe working condition, and shall be 25 capable of performing the intended function. 26 27 (2) Removal of combustion products. All fuel-burning equipment and 28 appliances shall be connected to an approved chimney or vent. This provision 29 shall not apply to fuel-burning equipment and appliances which are labeled for 30 unvented operation. 31 32 (3 ) Clearances. All required clearances to combustible materials shall be 33 maintained. 34 35 (4) Safety controls. All safety controls for fuel-burning equipment shall be 36 maintained in effective operation. 37 38 (5) Combustion air. A supply of air for complete combustion of the fuel and 39 for ventilation of the space containing the fuel-burning equipment shall be 40 provided for the fuel-burning equipment. 41 42 (6) Energy conservation devices. Devices intended to reduce fuel 43 consumption by attachment to a fuel-burning appliance, to the fuel supply line 44 thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless 45 labeled for such purpose and the installation is specifically approved. 46 47 (d) Electrical facilities. 18 i i I I , (1) Facilities required, Everv occupied building shall be provided _~'vil.tLJ:i1} - -, electrical svstem in compliance with the requirements of this section. _1 4 5 (2) Service, The size and usage of appliances and equipment shall serve as a 6 basis for determining the need for additional facilities in accordance with the 7 NFP A 70 - National Electrical Code, Dwelling units shall be served bv a three- 8 wire, 120/240 volt. single-phase electrical service havinll a rating of not less than 9 60 amperes. 10 II (3) Electrical svstem hazards. Where it is found that the electrical system in a 12 structure constitutes a hazard to the occupants or the structure by reason of 13 inadequate service. improper fusing. insufficient receptacle and lighting. outlets. 14 improper wiring or installation, deterioration or damage, or for similar reasons. the 15 Building Official shall require the defects to be corrected to eliminate the hazard. 16 17 (e) Electrical equipment 18 19 (1) Installation. All electrical equipment. wiring. and appliances shall be 20 properly installed and maintained in a safe and approved manner. 21 'J (2) Receptacles, Every habitable space in a dwelling shall contain at least two 23 separate and remote receptacle outlets, Every laundrv area shall contain at least 24 one grounded-type receptacle or a receptacle with a ground fault circuit ,- interrupter. Every bathroom shall contain at least one receptacle. Am ne\\ -) 26 bathroom receptacle outlet shall have ground fault circuit interrupter protection. 27 28 (3 ) Luminaries. Every public hall, interior stairway. toilet room, kitchen. 29 bathroom, laundry room, boiler room. and furnace room shall contain at least one 30 electric luminaire. 31 32 (f) Elevators. escalators and dumbwaiters. -,-, _1_1 34 (1) General. Elevators, dumbwaiters. and escalators shall be maintained in 35 compliance with Florida statutes and ASME All, 1. The most current certification 36 of inspection shall be on display at all times within the elevator or attached to the 37 escalator or dumbwaiter, or the certificate shall be available for public inspection 38 in the office of the building operator. The inspection and tests shall be performed 39 at not less than the periodical intervals listed in ASME Al 7.1. Appendix N. 40 except where otherwise specified by the authoritv having jurisdiction. 41 42 (2) Elevators, In buildings equipped with passenger elevators. at least one 43 elevator shall be maintained in operation at all times when the building is 44 occupied, Buildings equipped with only one elevator shall be permitted to have 45 the elevator temporarily out of service for testing or servicinF.. 46 47 ( ~) Duel svstems. ]9 1 2 0) General. Duct systems shall be maintained free of obstructions and shall 3 be capable of performing the required function. 4 5 Sec. 10-60 Fire safety requirements. 6 7 (a) General. 8 9 0) Scope. The provisions of this section shall govern the minimum 10 conditions and standards for fire safety relating to structures and exterior 11 premises, including fire safety facilities and equipment to be provided. 12 13 (2) Responsibility. The owner of the premises shall provide and maintain 14 such fire safety facilities and equipment in compliance with these requirements, ]5 A person shall not occupy as owner-occupant or permit another person to occupy 16 any premises that do not comply with the requirements of this section. 17 18 (b) Means of egress, ]9 20 0) General. A safe, continuous, and unobstructed path of travel shall be 21 provided from any point in a building or structure to the public way. Means of 22 egress shall comply with the Florida Fire Prevention Code. 23 24 (2) Aisles. The required width of aisles in accordance with the Florida Fire 25 Prevention Code shall be unobstructed. 26 27 (3) Locked doors. All means of egress doors shall be readily openable from 28 the side from which egress is to be made without the need for keys, special 29 knowledge, or effort, except where the door hardware conforms to that permitted 30 by the Florida Building Code. 31 32 (4) Emergency escape openings. Required emergency escape openings shall 33 be maintained in accordance with the code in effect at the time of construction, 34 and the following. Required emergency escape and rescue openings shall be 35 operational from the inside of the room without the use of keys or tools. Bars, 36 grilles, grates or similar devices are permitted to be placed over emergency escape 37 and rescue openings provided the minimum net clear opening size complies with 38 the code that was in effect at the time of construction and such devices shall be 39 releasable or removable from the inside without the use of a key, tool or force 40 greater than that which is required for normal operation of the escape and rescue 41 openmg. 42 43 (c) Fire-resistance ratings. 44 45 (l) Fire-resistance rated assemblies. The required fire-resistance rating of 46 fire-resistance-rated walls, fire stops, shaft enclosures, partitions, and floors shall 47 be maintained, 20 1 , (2) Opening protectives. Required opening protectives shall be maintamed 111 ., an operative condition. Al! fire and smoke-stop doors shall be maintainedj)] -' 4 operable condition, Fire doors and smoke barrier doors shall not be blQ~ked W 5 obstructed or otherwise made inoperable. 6 7 (d) Fire protection svstems. 8 9 (1) General. All svstems. devices and equipment to detect a fire. actuate an 10 alarm. or suppress or control a fire or any combination thereof shall be maintained 11 in an operable condition at all times in accordance with the Florida Fire 12 Prevention Code. 13 14 (2) Smoke alarms, Single or multiple-station smoke alarms shall be installed 15 and maintained in al! multi-unit dwellings regardless of occupant load at all of the 16 following locations: 17 18 a. On the ceiling or wall outside of each separate sleeping area in the 19 immediate vicinitv of bedrooms, 20 21 b, In each room used for sleeping purposes, ,/, 23 c. In each story within a dwelling unit. including basements and 24 cellars but not including ( crawl spaces and uninhabitable attics. In "'- dwellings or dwelling units with split-levels and without an intervening ~) 26 door between the adiacent levels. a smoke alarm installed on the upper 27 level shall suffice for the adiacent lower level provided that the lower level 28 is less than one full story below the upper level. 29 30 Single or multiple-station smoke alarms shall be installed in other groups 31 in accordance with the Florida Fire Prevention Code. 32 33 (3) Power source, In all multi-unit dwellings. single-station smoke alarms 34 shall receive their primarv power from the building wiring provided that such 35 wiring is served from a commercial source and shall be equipped with a batten 36 backup, Smoke alarms shall emit a signal when the batteries are low. Wiring shall 37 be permanent and without a disconnecting switch other than as required for over- 38 current protection, Smoke alarms are permitted to be soleI v battery operated in 39 buildings where no construction is taking place. buildings that are not served from 40 a commercial power source and in existing areas of buildings undenwing 41 alterations or repairs that do not result in the removal of interior wall or ceiling 42 finishes exposing the structure. unless there is an attic. cra\-vl space or basement 43 available which could provide access for building wiring without the removal of 44 interior finishes, 45 46 ( 4) Interconnection, Where more than one smoke alarm is required to be 47 installed within an individual dwelling unit in Group R-2. R-3. R-4 and in .2l I 1 dwellings not regulated as Group R occupancies, the smoke alarms shall be 2 interconnected in such a manner that the activation of one alarm will activate all 3 of the alarms in the individual unit The alarm shall be clearly audible in all 4 bedrooms over background noise levels with all intervening doors closed. 5 Interconnection is not required in buildings, which are not undergoing alterations, 6 repairs, or construction of any kind. Smoke alarms in existing areas are not 7 required to be interconnected where alterations or repairs do not result in the 8 removal of interior wall or ceiling finishes exposing the structure, unless there is 9 an attic, crawl space or basement available which could provide access for inter- 10 connection without the removal of interior finishes. 11 12 Sec. 10-61. Penalties. 13 14 Any person convicted ofthe violation of any of the terms or provisions ofthis article or 15 any code, requirements, or standards adopted hereby shall be subiect to penalties as 16 provided in Chapter 1 , Section 1-6 ofthe City of Boynton Beach Code of Ordinances. In 17 addition, the City may use any equitable or legal remedy available at law to enforce any 18 violation of the terms or provisions of the City's Code of Ordinances. If any person 19 commences any work on a building, structure. plumbing. mechanical, or gas system 20 before obtaining the necessary permit, he shall be subiect to a penalty offour (4) times the 21 established permit fee. The Director of Development may allow a waiver of the penalty 22 fee. in whole or in part. when such waiver is supported by the circumstances that apply to 23 the specific instance of imposing a penalty fee, and does not violate the best interests of 24 the city. 25 26 Sec. 10-62. Referenced standards. 27 28 This section lists the standards that are referenced in various section of this article. The 29 standards are listed herein by the promulgating agency of the standard. the standard 30 identification. the effective date. title, and the section( s) of this document that reference 31 the standards. 32 33 ASME American Society of Mechanical Engineers 34 Three Park Avenue 35 New York. NY 10016-5990 36 37 Standard Reference Title 38 39 AI7.1-2000 Safety Code for Elevators and Escalators with A17.1a 200d 40 Addend 41 42 ASTM ASTM International 43 100 Barr Harbour Drive 44 West Conshohocken, PA 19428-2959 45 46 Standard Reference Title 47 22 1 F 1346-91 (2003) Performance Specification tor Satet, lovers and Lubelm u "-"_.._~ ') Requirements for all Covers for Swimming Pools, Spa~~D<:lI{~)t , Tubs J 4 5 Florida Codes Florida Building Commission 6 c/o Florida Department of Community Affairs 7 Building Codes and Standards 8 2555 Shumard Oak Boulevard 9 Tallahassee. Florida 32399-2100 10 11 Standard Reference Title 12 13 Florida Building Code, Building 14 Florida Building Code, Residential 15 Florida Building Code, Plumbing 16 Florida Building Code, Mechanical 17 Florida Building Code, Fuel Gas 18 Florida Building Code. Existing Building 19 Florida Fire Prevention Code 20 21 NFPA National Fire Protection Association '); Batterymarch Park '), Quincv. MA 02269 ~J 24 25 Standard Reference Title 26 27 70-05 National Electric Code 28 29 Section 4, Each and every other provision of the City of Boynton Beach Code of 30 rdinances not herein specifically amended. shall remain in full force and effect as originally 31 '; Section 5, All laws and ordinances applying to the City of Boynton Beach in connict j~ 33 ith any provisions of this ordinance are hereby repealed, 34 Section 6, Should any section or provision ofthis Ordinance or any portion thereof be 35 eclared by a court of competent jurisdiction to be invalid. such decision shall not atJect the 36 emainder of this Ordinance. 37 Section 7, Authority is hereby given to codify this Ordinance. 38 Section 8. This Ordinance shall become effective immediately. ,-, -- , I 1 FIRST READING this _ day of ,2008. 2 SECOND, FINAL READING AND PASSAGE this _ day of ,2008, 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor - Jerry Taylor 8 9 10 Vice Mayor - Jose Rodriguez 11 12 13 Commissioner - Ronald Weiland 14 15 16 Commissioner - Woodrow L. Hay 17 18 ATTEST: 19 Commissioner- Marlene Ross 20 21 Janet M. Prainito, CMC 22 City Clerk 23 24 (Corporate Seal) 25 24 DEPARTMENT OF DEVELOPMENT Memorandum PZ 08-077 TO: Chairman and Members, Planning and ~ent Board THRU: Michael Rumpf ' . Director of Plan 9 and Zoning FROM: Eric Lee Johnson, Alep ~ Planner II DATE: September 17, 2008 RE: LOR Rewrite Project A portion of Group 6 Part II, Chapter 10, Article IV Property Maintenance Requirements Introduction A task of rewriting the Land Development Regulations is to update the entire Part III (Land Development Code) of the City's Code of Ordinances. In April of 2007, staff presented the Boards and Commission with a progress report and proposed work schedule of the LDR Rewrite project. Staff determined that it would be best to break down the entire project into eight (8) different groups. At this time, staff is delivering a portion of the sixth component of the eight-phase project (see attached), Group 1 and Group 2 emphasized matters relating to zoning districts and allowable uses, The third and forth deliverables emphasized site development standards, such as off- street parking calculations, off-street parking lots and other vehicular use areas, exterior lighting, rights-of-way and infrastructure, environmental protection, landscape design and buffering, and exterior building and site design, Group 5 consisted of the Supplemental (zoning) Regulations that included, in part, topics such as walls and fences, sidewalk cafes, accessory structures, the sale of used merchandise. outdoor storage, temporary sales events, and nonconforming uses. The entire Group 6 includes proposed amendments to two (2) existing chapters of the LDR, namely 1) Chapter 20 - Buildings, Housing and Construction General, and 2) Chapter 21 - Signs, Initially, the proposed changes and formatting effort resulted in the creation of four (4) separate articles, all of which are earmarked for insertion into the fourth chapter of the new LDR (see Memorandum P&Z 08-076 dated August 21, 2008). One of these articles (flood prevention requirements) was presented to the Planning & Development Board in August and is scheduled for review by the City Commission in September. However, unlike most other articles drafted to date, the newly written property maintenance requirements (see attached) should be inserted into Part II of the Code of Ordinances rather than Part III (LDR). due to its subject matter and application 1 to existing conditions rather than new construction. The name of each new article which comprises Group 6 is proposed as follows (in bold italics): GROUP 6 Part III (proposed reorganization) Chapter 4. Site Development Standards Arti cl e 1. Environmental Protection Standards Article II. Landscape Design and Buffering Standards Article III. Exterior Building and Site Design Standards Article IV. Sign Standards (future) Article V. Minimum Off-Street Parking Requirements Article VI. Parking Lot, Vehicular Use Areas, and Loading Standards Article VII. Lighting Standards Article VIII. Utility and Infrastructure Design Standards Article IX. Building, Construction, and Historic Preservation (future) Article X. Flood Prevention Requirements (under review) PART II (existing City Code of Ordinances) Chapter 10. Refuse, Abandoned Property, and Property Maintenance Requirements Article IV. Property Maintenance Requirements (see attached) Only the property maintenance requirements of this group are being presented at this time, and the remaining two (2) articles of Group 6 are scheduled for completion for the next deliverable. Summary I Recommendation Chapter 20 of the existing LDR (Housing, Building, and Construction General) is currently comprised of the following topics: building security code, electrical code, energy efficiency, flood prevention, housing, swimming pools and spas, workforce housing program, and historic perseveration. This portion of Group 6 contains newly drafted property maintenance requirements, which are based on the 2006 International Property Maintenance Code (IPMC), published by the International Code Council (ICC). The new property maintenance requirements are regulations that would provide minimum standards for the upkeep of all vacant and developed property in the city. Local jurisdictions that currently utilize at least a portion of the IPMC include Boca Raton and Wellington, and Lake Worth anticipates adopting similar code amendments in the near future. While much of the existing Chapter 20 is proposed to be eliminated (as it is superseded by recent updates to the Florida Building Code), these revisions are intended to place greater emphasis on non-residential and 2 vacant properties, as well as generally increase the acceptable quality standards of all existing lighting, ventilation, plumbing, mechanicaL and electrical improvements. These proposed enhancements will also establish new and updated regulations for life safet: matters including minimum requirements for emergency escape openings. means 01 egress, and fire protection systems. It should be noted that all new developments and renovations to existing buildings must stilI comply with the Florida Building Code. which these regulations would compliment. The summary of changes is as follow: . Chapter 20, Article I, Section 2. Certificate of treatment of termites, is now covered by Chapter 1 of the FBC, Building; . Chapter 20, Article I, Section 5. Accessibility by handicapped, is now covered in depth by Chapter 1] of the FBC, Building; . Chapter 20, Article I, Section 7. Soil tests, is now covered by Chapter 18 of the FBC, Building and Chapter 4 of the FBe, Residential; . Chapter 20, Article V. Energy Efficiency Code, is now replaced by Chapter 13 of the FBC and will soon be additionally covered when Florida adopts the International Energy Conservation Code; . Chapter 20, Article IX, Swimming Pools and Spas, is now covered by Section 424 of the FBC, Building and Chapter 41 of the FBC, Residential; and . Chapter 20, Article I, Section 8. Building security code and Chapter 20. Article VIII. Housing, is superseded by the attached (property maintenance requirements). The remaining existing sections of Chapter 20 (i.e, workforce housing, historic preservation, State Housing Initiative Program (SHIP) will be reviewed as part of a future deliverable and incorporated within separate articles in the proposed LDR. The attached work product reflects a collaborative effort on the part of the Department of Development (both the Planning & Zoning Division and the Building Division), Code Compliance, Public Works, and the City Attorney's office, Staff recommends that the Board and Commission approve this draft portion of Group 6; however. any changes recommended by the Board and the Commission will be incorporated into the document or scheduled for ultimate consideration at time of adoption, S:IPJanninglZoning Code UpdatelLDR RewritelStaff ReportslGroup 6 (Ch 4. Art 11 )doc 3 , ARTICLE IV. PROPERTY MAINTENANCE REQUIREMENTS RESERVED* *Editor's note Ord. ..\To. 90 16, S S 1, 2, sdoptcd July 3, 1990, sbolished the n'blissnce sbstcmcnt bosrd snd repealed Ord. ..7110, 90 2; hence, Art. !T~ pcrroining to slich subject matter hss been deloted. Prior to deletion, Art. IV, sf 10 55 10 61, dcri';?odfrom OFd. ..'^lo. 87 39, f 1, adopted Oct. 20, 1987; ss smendcd by Or-d.. No. 902, Js 1 1, sMfJted Jsn. 16, J 990. Sees. 10 54 10 n. Reservea. Sec. 10-54. Rules. Unless otherwise expressly stated. the following tenns shall, for the purposes of this code have the meanings shown in this section. (1) Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. (2) Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. (3) Parts. Whenever the words "dwelling unit," "dwelling," "premises." "building." "rooming house, " "rooming unit" "housekeeping unit" or "stOry" are stated in this code. they shall be construed as though they were followed by the words "or any part thereof. " Sec. 10-55. Definitions. As used in this article: AplJrOved: Approved by the City Manager or designee. Basement: That portion of a building which is partly or completely below grade. Bathroom: A room containing plumbing fixtures including a bathtub or shower. Bedroom: Any room or space used or intended to be used for sleeping purposes in either a dwelling: or sleeping unit. Condemn: To adiudge unfit for occupancy. Dwelling Unit: A single unit providing complete. independent living facilities for one or more persons, including: permanent provisions for living. sleeping, eating, cooking. and sanitation. Easement: That portion oflan.d or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under. on, or above a said lot or lots. Exterior Prooertv: The open space of the premises and on adioining property under the control of owners or operators of such premises. 1 Seprernber17,2008 Extermination: The control and elimination of insects. rats or other pests :,\ eliminating: their harborag:e places: bv removing or making: inaccessible materials that serves as their food: bv poison spraYing. fumig:ating. and trappinl! or bv any other approved pest elimination methods, Garbage: The animal or veg:etable waste resulting from the handling, preparation. cooking. and consumption of food, Guard: A building: component or a svstem of building components located at or near the open sides of elevated walking surfaces that minimizes the possibilitv of a fall from the walking surface to a lower level. Habitable Space: Space in a structure for living. sleeping. eating. or cooking. Bathrooms. toilet rooms. closets. halls. storage or utility spaces. and similar areas are not considered habitable spaces. Housekeeping Unit: A room or !!TOUP of rooms forming a sim!le habitable space equipped and intended to be used for living. sleeping. cooking. and eating which does not contain. within such a unit, a toilet. lavatory and bathtub or shower. Imminent Danzer: A condition which could cause serious or life-threatening iniurv or death at any time, Infestation: The presence. within or contiguous to. a structure or premises of insects. rats. vermin or other pests, Inoperable Motor Vehicle: A vehicle which cannot be driven upon the public streets for reason including but not limited to being unlicensed. wrecked. abandoned. in a state of disrepair. or incapable of being moved under its own power. Labeled: Devices. equipment. appliances. or materials to which has been affixed a label. seal. symbol or other identifying mark of a nationally recornized testing laboratorY. inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards, Let for Occupancv or Let: To permit. provide. or offer possession or occupancv of a dwelling, dwelling unit. rooming unit. building. premise or structure by a person who is or is not the legal oV\rner of record thereof. pursuant to a written or unwritten lease. a!!Teement or license. or pursuant to a recorded or unrecorded a!!Teement of contract for the sale of land. Occupancv: The purpose for which a building or portion thereof is utilized or occupied. Occupant: Any individual living or sleeping in a building. or having possession of a space within a building. Openable Area: That part of a window. sk"Vlight or door which is available for unobstructed ventilation and which opens directly to the outdoors, ., - September 17. 2008 Ooerator: Any person who has charl!e. care. or control of a structure or premises which is let or offered for occupancy. Owner: Anyperson, agent, operator. firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state. county or municipality as holding title to the property: or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. Person: An individual. corporation. partnership or any other group actin!! as a unit. Premises: A lot, plot, or parcel of land. easement, or public way, including any structures thereon. Public Wav: Any street. alley, or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated, or otherwise permanently appropriated to the public for public use. Rooming House: A building arranged or occupied for lodging. with or without meals, for compensation and not occupied as a one- or two-family dwelling. Rooming Unit: Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. Rubbish: Combustible and noncombustible waste materials, except garbage. The term shall include the residue from the burning of wood. coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior. rubber. leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass. crockery and dust and other similar materials. Slee:oing Unit: A room or space in which people sleep, which can also include permanent provisions for living, eating: and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. Structure: That which is built or constructed or a portion thereof Tenant: A person. corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. Toilet Room: A room containing: a water closet or urinal but not a bathtub or shower. Ventilation: The natural or mechanical process of supplYing conditioned or unconditioned air to. or removing such air from, any space. Workmanlike: Executed in a skilled manner: e.g., generally plumb. level, square. in line, undamal!ed and without marring adiacent work. Yard: An open space on the same lot with a structure. Sec. 10-56. General requirements. (a) General. 3 September 17, 2008 (1) Appli cabilitv, The provisions of this section shall Qovern the l111DlID un] conditions and the responsibilities of persons for maintenance of structures. equipment and exterior propertY located within the City, (2) Responsibilitv. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements. A person shall not OCCUPy as owner-occupant or permit another person to OCCUpy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this section, Occupants of a dwelling: unit. rooming: unit or housekeeping unit are responsible for keepinlZ in a clean. sanitary and safe condition that part of the dwelling unit. rooming: unit, housekeeping: unit or premises. which they occupv and control. (3 ) Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean. safe. secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. (b) Exterior fJrOfJertv areas. 0) Sanitation. All exterior property and premises shall be maintained in a clean. safe. and sanitary condition. The occupant shall keep that part of the exterior property. which such occupant occupies or controls in a clean and sanitary condition, (2) Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon. except in approved retention areas and reservoirs. or within any structure located thereon. (3) Sidewalks and driveways. All sidewalks, walkways. stairs. driveways. parking spaces. and similar areas shall be kept in a proper state of repair. and maintained free from hazardous conditions, (4) Weeds. All premises and exterior property shall be maintained free :from weeds or plant growth in excess of twelve inches 02"). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses. plants. and ve!!etation. other than trees or shrubs provided: however. this term shall not include cultivated flowers. g:ardens. and yards certified by the Florida Yards and Neighborhoods program. (5) Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found. they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination. proper precautions shall be taken to eliminate rodent harbora!!e and prevent re-infestation. (6) Exhaust vents. Pipes. ducts. conductors. fans. or blowers shall not discharge gases. steam. vapor. hot air. grease. smoke. odors. or other gaseous or particulate wastes directly upon abuttinl! or adiacent public or private property or that of another tenant. 4 September 17. 2008 (7) Accessory structures. All accessory structures. includinl! detached garal!es, fences and walls, shall be maintained structurally sound and in good repair. (8) Defacement of property. No person shall willfully or wantonly damal!e, mutilate or deface any exterior surface of any structure or buildinl! on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. (c) Swimming pools. spas. and hot tubs, (1) Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. (2) Enclosures. Private swimming pools, hot tubs, and spas. containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches (1372 mm) above the bottom of the gate. the release mechanism shall be located on the poolside of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed. replaced. or changed in a manner that reduces its effectiveness as a safety barrier. Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section. (d) Exterior structure. (1) General. The exterior of a structure shall be maintained in good repair. structurally sound and sanitary so as not to pose a threat to the public health, safety. or welfare. (2) Protective treatment. All exterior surfaces. including but not limited to. doors. door and window frames. cornices. porches. trim. balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces. other than decay resistant woods. shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling. flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry ioints as well as those between the building envelope and the perimeter of windows. doors. and skylights shall be maintained weather resistant and watertight. All metal surfaces subiect to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. (3) Premises identification. Buildinl!s shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall have a 5 September 17, 2008 minimum stroke width of 0.5 inch (12,7 mm) and shall be a mmimum oiAJ.!lch~~ (102 mm) high for single family units. 4 inches (102 mm) hi\!h at front and rear entrances for multi-familv units. and 6 inches (153 mm) for commercial un]t~ (4) Structural members. All structural members shall be maintained free from deterioration. and shall be capable of safely supporting the imposed dead and live loads. (5) Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests, (6) Exterior walls, All exterior walls shall be free from holes. breaks. and loose or rotting materials. and maintained weatherproof and properlv surface coated where required to prevent deterioration. (7) Roofs and drainage. The roof and flashing shall be sound. tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains. ~tters. and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance, (8) Decorative features. All cornices. belt courses. corbels. terra cotta trim. wall facings. and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition, (9) Overhang extensions. All overhang extensions including. but not limited to canopies. marquees. sil!11s. metal awnings. fire escapes. standpipes. and exhaust ducts shall be maintained in good repair and be properlv anchored so as to be kept in a sound condition. When required. all exposed surfaces of metal or wood shall be protected from the elements and alrainst decay or rust by periodic application of weather-coatinlr materials. such as paint or similar surface treatment. (10) Stairways. decks. porches and balconies. Everv exterior stairway. deck. porch and balcony. and all appearances attached thereto. shall be maintained structurally sound. in good repair. with proper anchorage and capable of supporting the imposed loads. (11) Chimneys and towers. All chimnevs. cooling towers. smoke stacks. and similar appurtenances shall be maintained structurally safe and sound. and in ~ood repair. All exposed surfaces of metal or wood shall be protected from the elements and alrainst decay or rust by periodic application of weather coatinlr materials. such as paint or similar surface treatment. (12) Handrails and llliards. Every handrail and Q:Uard shall be firmlv fastened and capable of supporting: normally imposed loads and shall be maintained in good condition. (13) Window. skylight and door frames, Every window. skylight. door. and frame shall be kept in sound condition. lrood repair. and weather ti1!ht. 6 September 17. 2008 a. Glazinl!. All l!lazinl! materials shall be maintained free from cracks and holes. b. Openable windows. Every window. other than a fixed window. shall be easily openable and capable of being held in position by window hardware. (14) Insect screens. Every door. window and other outside opening required for ventilation of habitable rooms, food preparation areas. food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured. packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm). and every screen door used for insect control shall have a self-closing devi ce in good working condition. Exception: Screens shall not be required where other approved means. such as air curtains or insect repellent fans, are employed. (15) Doors. All exterior doors, door assemblies. and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 1 0-60(b )(3). (16) Basement and crawl space hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents. rain, and surface draina~e water. (17) Guards for basement and crawl space windows and vents. Every basement window that is openable shall be supplied with rodent shields. storm windows or other approved protection against the entry of rodents. (18) Building security. Doors, windows, or hatchways for dwelling units. room units, or housekeeping units shall be provided with devices desi!ffied to provide security for the occupants and property within. a. Doors. Doors providing access to a dwelling unit. rooming unit, or housekeeping unit that is rented, leased. or let shall be equipped with a deadbolt lock desi!ffied to be readily openable from the side from which egress is to be made without the need for keys, special knowledge, or effort and shall have a lock throw of not less than 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer's specifications and maintained in good working order. For the purpose of this section. a sliding: bolt shall not be considered an acceptable deadbolt lock. b. Windows. Operable windows located in whole or in part within 6 feet ( 1828 mm) above ground level or a walking surface below that provide access to a dwelling: unit. rooming: unit or housekeeping unit that is rented. leased or let shall be equipped with a window sash locking device. 7 September 17, 2008 ( e) Interior structure. 11) General. The interior of a structure and equipment therein shaU be maintained in 2:ood repair. structurally sound. and in a sanitarv condition. Occupants shall keep that part of the structure which thev occupv or control in a clean and sanitary condition. Everv owner of a structure containin2: a rooming house. housekeepin2: unit. a hotel, a dormitory. two or more dwelling units or two or more nonresidential occupancies. shall maintain. in a clean and sanitan condition. the shared or public areas of the structure and exterior propert\ (2) Structural members. All structural members shall be maintained structurallv sound. and be capable of supporting the imposed loads. (3) Interior surfaces, All interior surfaces. including windows and doors. shall be maintained in good. clean. and sanitarY condition. Peeling. chipping. flaking. or abraded paint shall be repaired. removed. or covered. Cracked or loose plaster. decaved wood. and other defective surface conditions shall be corrected, (4) Stairs and walking surfaces. Everv stair. ramp. landing. ba1conv. porch. deck, or other walking surface shall be maintained in sound condition and Q:ood repaIr. (5) Handrails and guards. Everv handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in 2:ood condition. (6) Interior doors. Every interior door shall fit reasonablv well within its frame and shall be capable of being opened and closed bv being properlv and secure!v attached to iambs. headers. or tracks as intended by the manufacturer of the attachment hardware, (f) Handrails and guardrails. (1) General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair. landing. balcony, porch, deck. ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches (1067 mm) hie:h measured vertically above the nosing of the tread or above the finished floor ofthe landing or walkin2: surfaces. Guards shall not be less than 30 inches (762 mm) hie:h above the floor of the landing. balcony. porch. deck. or ramp or other walking surface. Guards shall not be required where exempted bv the Florida Building code. (g) Rubbish and garbage, (1) Accumulation of rubbish or 2:arbage. All exterior propertY and premises. and the interior of every structure. shall be free from anv accumulation of rubbish or garbal!e. 8 September 17, 2008 (2) Disposal of rubbish. Everv occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. a. Refrigerators. Refri~erators and similar equipment not in operation shall not be discarded, abandoned, or stored on premises without first removing the doors. (3) Disposal of garbage. Every occupant of a structure shall dispose of garba!!e in a clean and sanitary manner by placing such 2:arbage in an approved garbage disposal facility or approved garbage containers. a. Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit: an approved incinerator unit in the structure available to the occupants in each dwelling unit: or an approved leak-proof. covered. outside garba~e container. b. Containers. The operator of every establishment producin~ garbage shall provide. and at all times cause to be utilized. approved leak-proof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal. (h) Extermination. (1) Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be iniurious to human health. After extermination, proper precautions shall be taken to prevent re-infestation. (2) Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. (3) Single occupant. The occupant of a one-family dwelling or of a single- tenant nonresidential structure shall be responsible for extermination on the premIses. (4) Multiple occupancy. The owner of a structure containing two or more dwelling units. a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination. (5) Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure. Where the infestations are caused by defects in the structure. the owner shall be responsible for extermination. Sec. 10-57. Li.2ht. ventilation and occupancy limitations. (a) General. 9 September 17, 2008 (1) Scope. The provisions of this section shall !!overn the mimmum condinons and standards for li!!ht. ventilation. and space for occupvinll a structure. (2) Responsibilitv. The O\\'1ler of the structure shall provide and maintain lillht. ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant. or permit another person to OCCUPY. any premises that do not comply with the requirements of this section. (3 ) Alternative devices. In lieu of the means for naturalli llht and ventilation herein prescribed. artificial light or mechanical ventilation complYing with the Florida Building Code shall be permitted. (b) Light, (1) Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room. such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributinll to the required minimum total window area for the room. Where natural light for rooms or spaces without exterior glazing areas is provided throullh an adioining room. the unobstructed opening to the adioining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 mm). The exterior glazing area shall be based on the total floor area being served. (2) Common halls and stairways. Every common hall and stairwav in residential occupancies, other than in one- and two-family dwellinlls. shall be lighted at all times with at least a 60-watt standard incandescent light bulb for each 200 square feet (19 m2) of floor area or equivalent illumination. provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies. means of egress, including exterior means of egress. stairways shall be illuminated at all times the building space served by the means of egress is occupied with a minimum of 1 footcandle (11 lux ) at floors. landings and treads. (3) Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances. equipment. and fixtures, (c) Ventilation. (1) Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the window in evervroom shall be equal to at least 45 percent of the minimum lllazed area required in Section 1 0-57/b )(1 L ] 0 September 17. 2008 Vlhere rooms and spaces without openings to the outdoors are ventilated through an adioining room. the unobstructed opening to the adioining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 mm). The ventilation openings to the outdoors shall be based on a total floor area being ventilated. (2) Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required above, except that a window shall not be required in such spaces equipped with a mechanical ventilation svstem. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be re- circulated. (3) Cooking facilities. Unless approved through the certificate of occupancy. cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit. Cooking facilities may be located in a room otherwise prohibited by this section where the Building Official specifically approves such a location in writing. Devices such as coffee pots and microwave ovens shall not be considered cooking appliances. (4) Process ventilation. Where iniurious, toxic, irritating, or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be re-circulated to any space. (5) Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions. (d) Occupancy limitations. (1) Privacy. Dwelling units. hotel units, housekeeping units. rooming units and dormitory units shall be arranged to provide privacy and be separate from other adioining spaces. (2) Minimum room widths. A habitable room. other than a kitchen. shall not be less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than 3 feet (914 mm) between counter-fronts and appliances or counter-fronts and walls. (3) Minimum ceiling heights. Habitable spaces. hallways. corridors. laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling: height of not less than 7 feet (2134 mm). Exceptions: 11 September 17, 2008 r a. In one and two-family dwellinl!s. beams. or !!1rders spaced _notless than 4 feet (1219 mm) on center and proiecting: not more than ('__m_gLe_~ (152 mm) below the required ceilinl:! heil!ht. b, Basement rooms in one and two-family dwellinl!s occupied exclusively for laundry. studv or recreation purposes. having a ceilin!! hei!!ht of not less than 6 feet 8 inches (2033 mm) with not less than 6 feet 4 inches (1932 mm) of clear heil!ht under beams. cirders. ducts and similar obstructions, c. Rooms occupied exclusively for sleeping. study or similar ~ and having a sloped ceiling oyer all or part of the room. with a clear ceiling height of at least 7 feet (2134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms. only those portions of the floor area with a clear ceiling heiQht of 5 feet (1524 mm) or more shall be included. (4) Bedroom and living room requirements. Everv bedroom and livin!! room shall complv with the following requirements: a. Room area. Every living: room shall contain at least 120 square feet (1 1.2 m2) and evervbedroom shall contain at least 70 square feet (6.5 m2)' b. Access from bedrooms, Bedrooms shall not constitute the onlv means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces. This provision shall not apply to units that contain fewer than two bedrooms. c. Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatorY without passing through another bedroom, Every bedroom in a dwelling unit shall have access to at least one water closet and lavatorY located in the same storY as the bedroom or an adjacent story. d. Prohibited occupancv. Kitchens and non-habitable spaces shall not be used for sleeping purposes. e. Other requirements. Bedrooms shall complv with the applicable provisions of this code including. but not limited to. the light. ventilation. room area. ceilinl! height and room width requirements ofthis section: the plumbinl! facilities and water-heating facilities requirements of Section 4: the heating facilities and electrical receptacle requirements of Section 5: and the smoke detector and emergencv escape requirements of Section 6. (5) Overcrowdinl!. The number of persons occuPYing a dwelling unit shall not create conditions that. in the opinion of the Chief Building OfficiaL endan2:er the life. health. safety. or welfare of the occupants. 12 September 17, 2008 (6) Efficiencv unit. Nothing: in this section shall prohibit an efficiency living unit from meeting the following requirements: a. A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20.4 m2). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7m2). These required areas shall be exclusive of the areas required by Items 2 and 3. b. The unit shall be provided with a kitchen sink cooking: appliance and refrigeration facilities. each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided. c. The unit shall be provided with a separate bathroom containing a water closet. lavatory. and bathtub or shower. d. The maximum number of occupants shall be three. (7) Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store. prepare. and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse. including: facilities for temporary storage. Sec. 10-58. Plumbin2 facilities and fIxture requirements. (a) General. (1) Scope. The provisions of this section shall govern the minimum plumbing systems, facilities, and plumbing fixtures to be provided. (2) Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this section. (b) Required facilities. (1) Dwelling units. Every dwelling unit shall contain its own bathtub or shower. lavatory. water closet. and kitchen sink which shall be maintained in a sanitary. safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. (2) Rooming houses. At least one water closet. lavatory and bathtub or shower shall be supplied for each four rooming: units. 13 September 17, 2008 (3) Hotels. \Vhere private water closets. lavatories and baths are not provIded. one water closet. one lavatorY and one bathtub or shower having: access from a public hallway shall be provided for each ten occupants, (4) Emplovees' facilities. A minimum of one water closet. one lavatorv. and one drinking facility shall be available to employees, a. Drinking facilities. Drinking facilities shall be a drinking fountain. water cooler. bottled water cooler. or disposable cups next to a sink or water dispenser. Drinking: facilities shall not be located in toilet rooms or bathrooms. (c) Toilet rooms. (1) Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the onlv passa2eway to a hall or other space. or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. (2) Location. Toilet rooms and bathrooms serving hotel units. rooming units or dormitory units or housekeeping units. shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. (3) Location of emplovee toilet facilities. Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located not more than one story above or below the emplovees' working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m), Employee facilities shall either be separate facilities or combined employee and public facilities. Facilities that are required for employees in storage structures or kiosks. which are located in adiacent structures under the same ownership. lease or control. shall not exceed a travel distance of 500 feet (152 m) from the employees' reQUlar working area to the facilities. (4) Floor surface. In other than dwelling units. eyerv toilet room floor shall be maintained to be a smooth. hard. nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. (d) Plumbing svstems and fixtures. (1) General. All plumbing fixtures shall be properly installed and maintained in working order. and shall be kept free from obstructions. leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe. sanitarY. and functional condition. (2) Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning. 14 September 17. 2008 (3) Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service. inadequate venting. cross connection. back -siphonage. improper installation. deterioration. or damage or for similar reasons. the Building Official shall require the defects to be corrected to eliminate the hazard. (e) Water svstem, (1) General. Every sink. lavatory. bathtub or shower, drinking fountain, water closet, or other plumbing fixture shall be properly connected to either. a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running: water in accordance with the Florida Building Code. Plumbing. (2) Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing: fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, ianitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker. (3) Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices, and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely. and free from defects and leaks. (4) Water heating facilities. Water heating facilities shall be properly installed. maintained and capable of providing an adequate amount of water to be drawn at every required sink lavatory. bathtub, shower. and laundry facility at a temperature of not less than 11 OOF (43 OC). A g-as-burning water heater shall not be located in any bathroom, toilet room. bedroom or other occupied room normally kept closed. unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. (f) Sanitary drainaf[e system. (1) General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system. (2) Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. (g) Storm drainaf[e. 15 September 17, 2008 (1) General. Draina2:e of roofs and paved areas.vards and courts. and Q1:her open areas on the premises shall not be dischar2:ed in a manner that creates _'i!!!l.-hlii: nUIsance, Sec. 10-59. Mechanical and electrical requirements. ( a) General. (1) Scope. The provisions of this section shall 2:overn the minimum mechanical and electrical facilities and equipment to be provided. (2) Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not complv with the requirements of this section. (b) Reserved. (c) Mechanical equipment. (1) Mechanical appliances. All mechanical appliances. fireplaces. solid fuel- burning appliances. cooking appliances and water heating appliances shall be properly installed and maintained in a safe workin2: condition. and shall be capable of performing the intended function. (2) Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent. This provision shall not apply to fuel-burning equipment and appliances which are labeled for unvented operation. (3) Clearances. All required clearances to combustible materials shall be maintained. (4) Safety controls. All safetv controls for fuel-burning equipment shall be maintained in effective operation. (5) Combustion air. A supply of air for complete combustion of the fuel and for ventilation ofthe space containing the fuel-burning equipment shall be provided for the fuel-burning equipment. (6) Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance. to the fuel supplv line thereto. or to the vent outlet or vent piping therefrom. shall not be installed unless labeled for such purpose and the installation is specifically approved. (d) Electrical facilities. 16 September 17. 2008 (1) Facilities required. Every occupied building shall be provided with an electrical svstem in compliance with the requirements of this section. (2) Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the NFP A 70 - National Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt single-phase electrical service having a rating of not less than 60 amperes. (3) Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting: outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the Building Official shall require the defects to be corrected to eliminate the hazard. (e) Electrical equipment, (1) Installation. All electrical equipment wiring, and appliances shall be properly installed and maintained in a safe and approved manner. (2) Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. (3) Luminaries. Every public hall. interior stairway, toilet room, kitchen, bathroom, laundry room. boiler room, and furnace room shall contain at least one electric luminaire. (f) Elevators, escalators and dumbwaiters. (1) General. Elevators. dumbwaiters, and escalators shall be maintained in compliance with Florida statutes and ASME AI? .1. The most current certification of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, or the certificate shall be available for public inspection in the office of the building operator. The inspection and tests shall be performed at not less than the periodical intervals listed in ASME A 17.1. Appendix N , except where otherwise specified by the authority having iurisdiction. (2) Elevators. In buildings equipped with passenger elevators. at least one elevator shall be maintained in operation at all times when the building is occupied. Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. (g) Duct svstems. 17 September 17, 2008 (1) General. Duct svstems shall be maintained free of ObstructIOns and shall be capable of performing the required function, Sec. 10-60 Fire safetv requirements. (a) General, (1) Scope. The provisions of this section shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises. including fire safety facilities and equipment to be provided. (2) Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupv as owner-occupant or permit another person to OCCUPy any premises that do not complv with the requirements of this section, (b) Means of egress. (1) General. A safe, continuous, and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall complv with the Florida Fire Prevention Code. (2) Aisles. The required width of aisles in accordance with the Florida Fire Prevention Code shall be unobstructed. (3) Locked doors, All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge, or effort, except where the door hardware conforms to that permitted bv the Florida Building Code. (4) Emergencv escape openings. Required emergencv escape openings shall be maintained in accordance with the code in effect at the time of construction. and the following. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars. grilles. grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key. tool or force greater than that which is required for normal operation of the escape and rescue opening. ( c) Fire-resistance ratings. (1) Fire-resistance rated assemblies. The required fire-resistance rating of fire- resistance-rated walls, fire stops. shaft enclosures. partitions. and floors shall be maintained. (2) Opening protectives. Required opening protectiyes shall be maintained in an operative condition, All fire and smoke-stop doors shall be maintained in 18 September 17, 2008 operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable. (d) Fire protection systems. (1) General. All systems. devices and equipment to detect a fire. actuate an alarm. or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the Florida Fire Prevention Code. (2) Smoke alarms. Single or multiple-station smoke alarms shall be installed and maintained in all multi-unit dwellings regardless of occupant load at all of the following locations: a On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. b. In each room used for sleeping purposes. c. In each storvwithin a dwelling unit, including basements and cellars but not including (crawl spaces and uninhabitable attics. In dwellings or dwelling units with split-levels and without an intervening door between the adiacent levels. a smoke alarm installed on the upper level shall suffice for the adiacent lower level provided that the lower level is less than one full story below the upper level. Single or multiple-station smoke alarms shall be installed in other groupS in accordance with the Florida Fire Prevention Code. (3) Power source. In all multi-unit dwellings. single-station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for over- current protection. Smoke alarms are permitted to be solely battery operated in buildings where no construction is taking place. buildings that are not served from a commercial power source and in existing areas ofbuildings undergoing alterations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure. unless there is an attic. crawl space or basement available which could provide access for building wiring without the removal of interior finishes. (4) Interconnection. Where more than one smoke alann is required to be installed within an individual dwelling unit in Group R-2. R-3. R-4 and in dwellings not regulated as Group R occupancies. the smoke alarms shall be interconnected in such a manner that the activation of one alann will activate all of the alarms in the individual unit. The alann shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. Interconnection is 19 Septernber17,2008 not required in buildim!s. which are not undenwing alterations. repmrs. ,i; construction of any kind. Smoke alarms in existing areas are not required to he interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure. unless there is an attic. crawl space or basement available which could provide access for inter-connection witho:llt th~ removal of interior finishes, Sec. 10-61. Penalties. Any person convicted of the violation of any of the terms or provisions ofthis article or anv code. requirements, or standards adopted hereby shall be subiect to penalties as provided in Chapter 1. Section 1-6 of the City ofBovnton Beach Code of Ordinances. In addition. the City may use any equitable or legal remedv available at law to enforce any violation of the terms or provisions of the City's Code of Ordinances. If anvperson commences anv work on a building, structure, plumbing, mechanical. or gas svstem before obtaining the necessary permit he shall be subiect to a penalty of four (4) times the established permit fee. The Director of Development may allow a waiver of the penalty fee. in whole or in part, when such waiver is supported by the circumstances that applvto the specific instance of imposing a penalty fee. and does not violate the best interests of the city, Sec. 10-62. Referenced standards. This section lists the standards that are referenced in various section of this article. The standards are listed herein bv the promulgating agency of the standard, the standard identification. the effective date. title, and the section( s) of this document that reference the standards. ASME American Society of Mechanical Engineers Three Park Avenue New York. NY 10016-5990 Standard Reference Title A17.1-2000 Safety Code for Elevators and Escalators with A 17,1 a 200d Addend ASTM AS TM International 100 Barr Harbour Drive West Conshohocken. P A 19428-2959 Standard Reference Title F1346-91 (2003) Performance Specification for Safety Covers and Labeling Requirements for all Covers for Swimming Pools. Spas. and Hot Tubs Florida Codes Florida Building Commission c/o Florida Department of Community Affairs Building Codes and Standards 20 September 17. 2008 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Standard Reference Title Florida Building Code. Building Florida Building Code, Residential Florida Building Code, Plumbing Florida Building Code, Mechanical Florida Building Code, Fuel Gas Florida Building Code, Existing Building Florida Fire Prevention Code NFPA National Fire Protection Association Battervmarch Park Quincv.11A 02269 Standard Reference Title 70-05 National Electric Code S:\Planning\Zoning Code Update\LDR Rewrite\Part ll\Existing Chapters\Ch 10 Garbage, Trash & Offensive\Art IV Property Maintenance Requirements\Property Maintenance Requirements.doc 21 September 17, 2008 Meeting Minutes Planning and Development Board Boynton Beach, Florida September 23, 2008 4. Approval of Minutes. Motion Mr. Poznak moved to approve the minutes as presented. Ms. Barritt seconded the motion that passed unanimously. 5. Communications and Announcements. A. Planning and Zoning Report 1. Final disposition of the August 26, 2008 Planning and Development Board meeting agenda items. Ed Breese, Principle Planner, reviewed the disposition of items previously heard by the Board and reported the following items were approved at the September 18, 2008 City Commission meeting: . Aspen Glen site plan time extension . Goldsmith Dental Lab conditional use . The Board's recommendation relating to the LDR Rewrite on Flood Prevention 6. Old Business None 7. New Business A. Land Development Regulation - Rewrite Group 6 Code Review 1. PROJECf: Land Development Regulation - Rewrite Group 6 AGENT: City-initiated DESCRIPTION: A portion of Group 6 deliverable, pursuant to the LDR Rewrite Work Schedule, which includes Article IV., newly drafted Property Maintenance Requirements, to be codified within existing Chapter 10, Part II of the Code of Ordinances. 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida September 23, 2008 This proposed section will ultimately replace a portion of Chapter 20 (Building, Housing & Construction General), of Part III of the Land Development Regulations. Eric Johnson, Planner, noted staff would be presenting only the Property Maintenance Requirements portion of Group 6. Sign Standards and Building, Construction and Historic Preservation would be brought before the Board in an upcoming deliverable. Much of Chapter 20 of the Land Development Regulations dealing with Property Maintenance Requirements would be eliminated, as they had been superseded by recent updates to the Florida Building Code. The revisions were intended to place greater emphasis on non-residential and vacant properties, and increase the acceptable quality standards of all existing lighting, ventilation, plumbing, mechanical and electrical improvements. Staff reviewed the components of the proposed Property Maintenance Requirements, and believed they should be included in Part II of the City Code of Ordinances rather than Part III of the Land Development Regulations. The Property Maintenance Requirements were based on the 2006 International Property Maintenance Code (IPMC), published by the International Code Council (ICC). Other cities in the area utilizing at least a portion of the Code included Boca Raton and Wellington. Lake Worth anticipated adopting similar Code amendments in the near future. The staff report contained a summary of the revisions to Chapter 20. The remaining portions of Chapter 20, Workforce Housing, Historic Preservation and State Housing Initiative Program (SHIP) would be reviewed as part of a future deliverable and incorporated within separate articles in the proposed Land Development Regulations. Staff recommended conceptual approval of the Property Maintenance Requirements portion of Group 6. Chair Pro Tern Barnes invited public comment. No one came forward Inquiries made by Board members are set forth below, together with responses. . Was the issue of demolition addressed elsewhere in the Code? Scott Blasie, Code Compliance Administrator, replied the issue was addressed in the Florida Building Code, and the City was actively demolishing properties in accordance therewith. Any appeal to a demolition would be brought before the Building Board of Appeals. 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida September 23, 2008 . Were developers required to fence in or beautify approved projects which remained dormant after the land had been cleared? If so, was a process codified? Mr. Blasie advised the process had not been codified. Mr. Breese noted developers often fenced in sites to guard against liability. Additionally, when the land was cleared and the potential for blowing sand existed, the City required a sand fence be installed. Developers appearing before the City Commission requesting site plan time extensions were usually required to beautify the site. . Did Mr. Blasie believe there were situations unique to Boynton Beach in terms of appearance, Code Enforcement or absentee ownership? Mr. Blasie did not believe so. In terms of foreclosures, the City had a process in place to board up houses, mow lawns, discard trash and demolish buildings. In order to continue the process and abate nuisances, $40,000 had been provided in next year's budget. . With regard to inconsistencies on approved projects, was there a way to require uniformity? Could landowners be held responsible for the appearance of their property, especially those on a Federal corridor within the community? Mr. Blasie replied there were no uniform Code requirements. The Code required properties be mowed. Improvements had been made in response to initiatives implemented by Vice Mayor Rodriguez to enhance Federal Highway. Several Code Officers had been assigned to geographic zones which included Federal Highway, and one Code Officer was assigned specifically to Federal Highway. . Can anything be done with older properties along Federal Highway, in particular the "Dennlstf site? Mr. Blasie noted Code Compliance had been attempting to have mechanical equipment removed from the roof and was currently working with the owner to maintain the property. It was noted the Homing Inn recently underwent a site renovation in order to comply with the Federal Highway initiatives. In addition to the International Code CouncWs Property Maintenance Code, the City maintained a Community Appearance Code in Part II of the City Code of Ordinances. Owners of residential rental properties in the City were required to obtain business tax receipts, and the properties were subject to inspection by Code Compliance. . It was suggested an inspection be required for any property bought, sold or rented in the City, and an inspection fee be imposed. This would ensure a safe environment while providing additional revenue to the City. Title companies in 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida September 23, 2008 municipalities following this practice were aware they could not close on a property without a Certificate of Occupancy issued by a city. Warren Timm, 130 NE 26tn Avenue, believed the City should require Certificates of Occupancy upon any change in ownership. Mr. Blasie would explore the suggestions offered and would contact other municipalities as well. Motion Mr. Poznak moved to approve. Mr. Myott seconded the motion that passed unanimously. 8. Other None 9. Comments by members None 10. Adjournment There being no further business to discuss, the meeting properly adjourned at 7:05p.m. .-' gl--- Y-~'--L Stephanie D. Kahn Recording Secretary 092408 5 lX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH lTEM A AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 19, 2008 August 4, 2008 (Noon) [8J October 21, 2008 October 6, 2008 (Noon) D September 2, 2008 August 18,2008 (Noon) D November 5, 2008 October 20,2008 (Noon) D September 18,2008 September 2,2008 (Noon) D November 18, 2008 November 3, 2008 (Noon) D October 7, 2008 September IS, 2008 (Noon) D December 2, 2008 November 17, 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: To consider and confirm the proposed use for the 1927 Old High School. EXPLANATION: At the October 7, 2008 City Commission meeting, the Commission approved the reconveyance of ownership of the Old High School from the Community Redevelopment Agency (CRA) back to the City of Boynton Beach. The Commission requested that this item be brought back to the next Commission meeting for a decision regarding the proposed use of the building. PROGRAM IMPACT: The CRA Downtown Master Plan, brought before the City Commission on April15, 2008, identifies Ocean Avenue as a potential Cultural Corridor that would bring a new identity and meaningful sense of place to the district. Envisioned Cultural and Civic Campuses anchor the west end of the corridor at Ocean Ave. and Seacrest Blvd., and anchored at the east end is a pedestrian and retail hub which acts as a gateway to the planned Transit Oriented Development District (TOD). The Cultural Campus includes adaptive reuse of the core structure of the Old Boynton Beach High School, adding charm and distinction, and establishing a unique identity. Possible uses identified in the Master Plan include cultural offices, art studio incubator, artist studio space and galleries. There were also previous studies that incorporated the Old High School and they are summarized as follows: Boynton Beach 20/20 Redevelopment Master Plan - September 1998: This plan retained the Old High School as a "Civic Building" and eliminated the old Civic Center across the street. Old High School Task Force Report - December 2003 - This report recommended that the Old High School be renovated/rehabilitated and that the Task Force be given the opportunity to identify users, develop a use allocation plan, design an area master plan and design a Business Plan Perform a including sources of capital. Ocean District Community Redevelopment Plan - February 2004 - This plan included options to either retain or remove the Old High School. Most alternatives suggested its removal, except for Alternative 5 which was the proposed School House Museum, with the High School building being preserved and rehabilitated. Town Square Plan - January 2005 - This plan included two alternatives regarding the Old High School. Alternative 1 included preservation of the Old High School at a cost of$5.2 M, to be used as a future cultural facility with a new community center. Alternative 2 recommended demolition ofthe Old High School and construction ofa larger, multi- purpose community center and cultural facility. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM OPTIONS: One possible direction for the City Commission to consider is to turn over the Old High School to a non-profit organization interested in preserving the building, to facilitate a fund raising campaign to pay for adaptive rehabilitation of the building Funds currently budgeted for the demolition of the building could then be made available as seed money for fund raising. A second consideration is to hold and maintain the building in anticipation of an upturn in the economy, at which time a RFP could be generated for adaptive rehabilitation of the building. The third consideration is to demolish the building. FISCAL IMP ACT: The City currently has budgeted: $625,000 - Demolition of building $ 22,000 - Insurance on building for FY 08-09 $ 20,000 - Maintenance on building for FY 08-09 AL TERNA TIVES: I.) Turn over Old High School to a non-profit to facilitate fundraising for adaptive reuse. 2.) Hold and maintain building. 3.) Demolish the building. ATTACHMENTS: I.) Regular City Commission Meeting - December 2,2003 Minutes - Old High School Task Force Report 2.) Regular City Commission Meeting - March 1, 2003 Minutes - CRA to take ownership of Old High School. 3.) Regular City Commission Meeting - February 17,2004 Minutes - Ocean District Community Redevelopment Plan. 4.) City Commission Workshop - January 31, 2005 Minutes - Town Square Report. 5.) Regular City Commission Meeting - April 15,2008 Minutes - CRA Downtown Master Plan. ~~ n } /J ~i~" citY Manager's Signature Assistant to City Manager _ ~ City Manager's Office Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Agenda A TT ACHMENT # 1 Regular City Commission Meeting Boynton Beach, Florida December 2, 2003 I. Authorize the use of Community Investment Funds for the HeadStart Scholarship Program - $500 and American Legion Girls State - $400 requested by Commissioner Mack McCray J. Approve the "SURPLUS COMPUTER EQUIPMENT" (MONITORS AND CPUs) as submitted by the Warehouse and allow for the donation of same to the Community Development Center, Inc. of Boynton Beach VII. CODE COMPUANCE a. LEGAL SETILEMENTS: A. Motion to pay William J. Fogarty for settlement of motor vehicle accident of October 23, 2003, in the amount of $13,000 VIII. PUBUC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Mangrove Walk Alley (ABAN 01-004) Agent: City Initiated Location: 600 & 700 block of NE 8th Avenue and NE 9th Avenue Description: Request for abandonment of a 15-foot wide alley within the Lake Addition to Boynton subdivision B. Discussion of Marina Development Agreement (Tabled on 11/5/03j C. Approval of the Second Amended Mediation Agreement for the Marina IX. CITY MANAGER'S REPORT: A. Review report of Old High School Task Force B. Discussion of additional Property Tax Assessment Exemption for Income Eligible Senior Citizens per FSS 196.075 x. FUTURE AGENDA ITEMS: A. Discussion of rotation of CRA Chair (December 16, 2003) B. Joint meeting with Commission and CRA on Development Issues (December 17, 2003 - 5:30 p.m. - Conference Room C - West Wing) C. City Commission Capital Improvement Workshop (December 19, 2003 - 9:00 a.m. - Conference Room C - West Wing) D. Proposed Ordinance regarding granting to Florida Power & Ught Company an electric franchise agreement for the period of thirty years from the date of acceptance (January 6, 2004) 5 Meeting Minutes Regular City Commission Meeting Bovnton Beach. Florida December 2. 2003 Mr. Perry said they were in agreement with that. Motion Commissioner Ensler moved to approve the Second Amended Mediation Agreement subject to reducing the tables in the Overlook area to 10 tables and the maintenance of the spaces in the garage as written into the record by Attorney Cherof. Commissioner McKoy seconded the motion. City Manager Bressner explained that yesterday the City received a letter dated December 1 st from the Related Group of Florida concerning the sale of the Marina slips in terms of the ownership issues. He requested authorization to sign that letter as part of the approval of the Agreement. He asked whether the maker of the motion would amend his motion to include authorizing the City Manager to sign a letter dated December 1, 2003, from the Related Group of Florida regarding the sale of Marina boat slips in the Marina Village at Boynton Beach Marina Condominium. Commissioners Ensler and McKoy accepted the amendment. ~ Motion was carried unanimously. Mr. Perry thanked the City and staff. Carlos Rosso from the Related Group stated that they have submitted drawings for building permits and as soon as they receive the permits, they are ready to begin construction. The meeting was recessed at 8:15 p.m. and reconvened at 8:27 p.m. IX. CITY MANAGER'S REPORT: City Manager Bressner announced that Firefighter Steven Wojciechowski had passed away after a very lengthy illness and his thoughts were with his family. A. Review report of Old High School Task Force City Manager Bressner said that this item comes to the Commission as a result of Commission action earlier in 2003. The prior Commission was struggling with the decision of what to do with the High School. The recommendation from City staff was to demolish the building and there were recommendations from the public to save it. Doug Hutchinson, CRA Director, suggested that a Task Force be created. The Task Force worked very long and hard. They retained the services of a consultant who specializes in dealing with difficult buildings and historic buildings. Doug Hutchinson, CRA Director, announced the members of the Task Force. In addition to himself, they are Don Fenton, William Orlove, Arleen Dennison, Henderson TIllman, Ron 17 Meeting Minutes Regular City Commission Meeting December 2. 2003 Bovnton Beach. Florida Weiland and Taryn Wheat. Dale Sugerman also sat in on some meetings for staff input. Mr. Hutchinson thanked the Task Force for the many hours they put in over the past year. They submitted a full report to the City Commission. Copies of the report and a full report from the consultant are available in the CRA Office and the Library. When the Task Force selected the consultant, they wanted to ensure that not only did the consultant have the specialized skills but also that they had no previous ties to the City or this project. They retained the services of Bender & Associates from Key West. The Task Force recommends the following: ~ That the City accept the recommendations of Bender & Associates to renovate/rehab the structure and not remove it ~ That the Phase I stabilization plan recommended by Bender & Associates is accepted and that the City allocates funds not to exceed $250,000 towards that plan ~ That the City Commission grants the High School Task Force the opportunity to identify users, develop a use allocation plan, design an area master plan for the building as it relates to the immediate area including City Hall and the Children's Museum, and design a Business Plan Performa including sources of capital Bert Bender, President of Bender II Associates, explained that his team of professionals included environmental specialists, engineers, architects, and structural, mechanical and electrical engineers. They spent four days going through the building. After going through the structure and reviewing the prior reports, they found that it was a structurally sound building that is a prime candidate for a rehabilitation effort. The building has a lot of character and significance to the community. They are making a recommendation to rehabilitate and restore the building and preserve it for use within the community. Mr. Bender said that his firm specializes in historic restoration of existing buildings and does work on existing buildings that are non-historic as well. Under Phase 2, the report states "Plumbing price assumes re-use of fixtures." Mayor Taylor asked whether it was possible to re-use the fixtures. Mr. Bender said that it was possible depending on the use of the building. Mr. Hutchinson explained that the Task Force did not spend a lot of time on the design or the asbestos issue. If the building is saved, the asbestos can be dealt with very easily. If the building is torn down, it is more expensive to deal with the asbestos. The asbestos issue did not drive whether the building should be torn down or not. Mr. Bender explained that he had received several telephone calls regarding asbestos. There is an overabundance of concern regarding asbestos. It is not harmful unless airborne. Then it becomes an issue. The environmental engineer gave a report that said that if the building is demolished, the asbestos must be abated before demolition. If the building is restored, what little bit of asbestos might be in the plaster can be encapsulated simply by cleaning and painting the walls. The asbestos that they know exists is in the floor tiles. But by simply cleaning and 18 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida December 2, 2003 waxing the tiles, the asbestos will be encapsulated. If you choose to remove the tile, you must abate asbestos. The other options are to simply maintain it or cover it with something. If it is carpeted, then it is encapsulated. Commissioner Ensler asked whether the five samples that were taken were from floor tiles, walls or insulation. Mr. Bender replied that the five samples that he was referring to were only plaster samples. Four were negative. The fifth one was positive with greater than 1 % asbestos. Commissioner Ensler asked what it would take to do a follow-up report. Mr. Bender responded that it would cost $3,250. City Manager Bressner thought that it was clear that the building can be saved per the report. One of the issues to consider is how much of the building should be saved. The building is approximately 28,000 square feet. The front portion of the building is the classroom building. The back portion is the gymnasium area. There is no exact age for the gymnasium but it is not quite as old. He asked the consultant whether the costs are equal to refurbish the front portion and the rear. Mr. Bender said that the rough costs are equal, whether dealing with the gymnasium portion or the front portion. The gymnasium is a very significant part of the building and to remove it destroys the historic significance of the building. City Manager Bressner identified the following five alternatives that the Commission may want to consider: 1. Follow the Task Force's Recommendation to stabilize the building at a cost of approximately $250,000 at this time and request that the Task Force continue its work to include a report as to adaptive re-use options for the building at a cost of approximately $50,000. This would require a budget amendment as the current budget has $50,000 in it for this fiscal year. 2. Proceed with the asbestos abatement study for $3,250 before authorizing the stabilization of the building so that an informed decision can be made. He felt that this was important. 3. Hold the discussion of the project until the City Commission concludes discussion on Capital Improvement priorities that is scheduled for December 19th. 4. Authorize staff to obtain an additional opinion on the building condition. This goes back to a report provided by the Risk Manager. 5. Go with the asbestos abatement study and roll this into conversation regarding capital improvements before authorizing stabilization of the building. Get some ideas from the Commission and the community regarding types of uses. 19 Meeting Minutes Regular City Commission Meeting Boynton Beach. Florida December 2. 2003 Commissioner Ensler felt that the 5th alternative made sense to him. Then, the Commission could better understand what it is that the building could be used for. Commissioner McCray thought that they should complete the asbestos study. He would need an estimate on how much it would cost for a second opinion. He is in favor of saving the building. Mayor Taylor agreed with the asbestos study and asked how long it would take. Mr. Bender said that they could have a preliminary report before Christmas. City Manager Bressner said that the other issue is whether lead paint was used on the premises and what type of abatement might be necessary for that. Mr. Bender said that this may already be in the proposal but he will confirm that. Motion Vice Mayor Ferguson made a motion to go ahead with the asbestos and the lead study at a cost not to exceed $6,000. Commissioner Ensler seconded the motion that carried unanimously. Mayor Taylor asked whether the estimated $250,000 to stabilize the building was in the budget. City Manager Bressner said that the money is available in the capital projects fund but it would need to be allocated for this project and that would require Commission action. Mr. Hutchinson pointed out that the Task Force recommended not to exceed $250,000 because they felt that the rest of the studies could be included in that figure. So, it would not be $250,000 plus $50,000. It would be $250,000 total for stabilization and re-use. Harvey Oyer, Jr., 512 N. Seacrest Boulevard, stated that he graduated from the High School in 1944. The tile that was referred to was put on after World War II and covers wood floors. His understanding of the damage to the gymnasium was that it was caused by roof beams that were not reinforced with concrete. This has since been corrected. He previously headed up a Task Force from the Boynton Historical Society and they raised quite a bit of money. They hired an architect and had a set of detailed plans. If this building is visioned by the City as being a cultural center, it would anchor one end of Ocean Avenue with the Marina development. This school originally had students from the Atlantic Ocean to 441 and from the Delray Beach City limits to Lantana. He felt that these people need to be included in the planning for the uses of this building. He thought that the building should be preserved and put to a cultural use. Mr. Oyer felt that the present Task Force is stacked with eRA members. No one on the Historical Society had any input. For the maximum benefit to the community and the least cost to taxpayers, a committee should be set up to obtain grants and donations. He said that people will not donate money to provide government offices. 20 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida December 2, 2003 Hillery Lynch, 28 Country Road, is President of the Boynton Cultural Center that oversees the Schoolhouse Children's Museum. They have had two incredible years with the Museum. The Board spent a lot of time strategically planning for where they see themselves going. The High School is an integral part of that growth. The Board is glad that the High School building will hopefully remain. She requested that the Commission include the Boynton Cultural Center as part of the Task Force for the future use of that building. B. Discussion of additional Property Tax Assessment Exemption for Income Eligible Senior Citizens per FSS 196.075 City Manager Bressner explained that State Statute allows local governments to authorize up to an additional $25,000 property tax assessment exemption to income eligible senior citizens. The basic criteria are that senior citizens are permanent residents and property owners who are at least 65 years old and have a household income of $20,000, which was then adjusted for inflation. The current adjusted number is $21,599. Earlier this year Palm Beach County enacted legislation for County year 2004. Several municipalities have authorized this. The time line is that in order to be effective for 2004, a decision was necessary by December 1st. If the Commission is interested in proceeding with this, consideration would need to take place in calendar year 2004 and a resolution adopted prior to December 1, 2004 for implementation in 2005. The County will have a data base using the same income eligibility criteria that the City would use. The City could utilize their methodology. They will have much of the eligibility issues and number of individuals identified so that the Commission can made an informed decision as to whether they wish to go forward with this program. He did not know what fiscal impact this would have on the City. Information he received from other jurisdictions indicates that the impact is not known to be significant. It was the consensus of the Commission to put this item on an active agenda for May 2004. X. FUTURE AGENDA ITEMS: A. Discussion of rotation of CRA Chair (December 16, 2003) B. Joint meeting with Commission and CRA on Development Issues (December 17, 2003 - 5:30 p.m. - Conference Room C - West Wing) C. City Commission Capital Improvement Workshop (December 19, 2003 - 9:00 a.m. - Conference Room C - West Wing) D. Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (January 6, 2004) E. Strategic Planning Session (January 2004) 21 ATTACHMENT # 2 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 2005 MOTION Vice Mayor McCray so moved. Commissioner Ferguson seconded. VOTE City Clerk Prainito called the roll and the motion carried 5-0. IX. CITY MANAGER'S REPORT: A. Disposition of Old High School Chief Bingham indicated Disposition of the Old High School issue was requested by Commissioner Ferguson for discussion. He referred the matter back to the chair. Mayor Taylor stated it had been agreed the Commission would make a decision tonight on the Old High School. Douglas Hutchinson, Director of the Community Relations Agency stated the Agency would take ownership of the project and see it through a restoration process in cooperation with community groups for a mixed blend of uses. Mayor Taylor opened the discussion to the public. Louise De Camara, 836 East Drive, stated the Old High School does have historical value being three quarters of a century old. The architectural details indicative of that era are historical and worth saving. The Vision 20/20 master plan includes the school in the _ 1IIIr, project development. A study from September, 1998 reported the school should be featured in the development. Susan Buchanan, 807 Ocean Inlet Drive, serves on the board of the Boynton Cultural Center. She stated the board has been working with Triangle Two Partners on a strategic plan and a market assessment feasibility study. Consultants from Triangle Two Partners were to be present; however, weather conditions prevented them from attending the meeting. She highlighted the study's findings and validity saying the methodology and sample size gave the study a 95% confidence rate with an error rate of + or - 4%. The study reveals 93% of those sampled were aware of the museum, 91 % of its members were satisfied with their membership and 84% had a lot of interest in the museum. Fifty-four percent indicated expanding into the old high school was very attractive and 21 % indicated it was somewhat attractive. Ms Buchanan said the economic impact study showed with purposeful marketing an expanded cultural center will have a definite positive impact on the downtown area. 22 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 2005 De De Mahler, President of the Boynton Cultural Center, who resides at 11965 North Lake Drive. read a statement from the Boynton Cultural Center asking the Commission to recognize the accomplishments of the Center and Schoolhouse Children's Museum and join them in taking the project to the next level. She asked for the authority, in conjunction with the Community Redevelopment Agency, to design and develop the reuse of the old high school. Ms. Mahler requested that an agreement be drafted between the three parties to accomplish the objective of preserving the old high school. The Cultural Center would be willing to act as the managing partner with respect to developing the property and programs to make it an exciting place in Boynton's landscape. Kim McGowan, 945 Le Grace Circle, a resident for ten years and a member of the Arts Commission spoke on her own behalf. She defined history according to Webster's Dictionary as, "what has happened in the life and development of a people, country, institution", etc. Ms. McGowan said Boynton had a vision of its future but also needed a reflection of its past. Preservation demands pride. She felt if the school were torn down it would destroy the identity of the town. Marie Shephard, Ridge Pointe Woods stated she used to live where the police station presently stands. The old high school is an important part of her life since her mother and father met and were married here and she and all her siblings attended school in the building. She felt the building should be saved since there is a lot of history to be proud of in Boynton Beach such as the Woman's Club Ms. Shephard offered to devote as much time and money that she could for the success of the project. William Orlove, 2459 Cranbrook Drive, Vice Chair of the Recreation and Park Board and served on the CRA Ad Hoc committee which studied the feasibility of preserving the building. He stated the Recreation and Park Board has discussed the High School several times and strongly favors preserving the building to be used for cultural, educational purposes and expanding the Schoolhouse Museum. As a citizen he observed the growth in Delray Beach around Old School Square and hopes that Boynton can do the same with the old high school. He felt it was a part of the town's collective past and should remain as part of its collective future. Buck Buchanan, 807 Ocean Inlet Drive and immediate Past President of INCA spoke on behalf of INCA. He read into the record and supplied copies of a letter sent to the Commission. The letter indicated INCA members voted unanimously to support the preservation and restoration of the old high school. It was also noted the project would offer an aesthetically pleasing mini complex of restoration to harmonize with newer surrounding architecture. Brian Edwards, 629 North East 9th Avenue felt emotions was a major factor in preserving the old high school. He said the Cultural Center Board was never able to 23 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 2005 raise money for this project without the permission of the City fathers. The Cultural Board developed the Children's Schoolhouse Museum and Mr. Edwards felt they could also develop the old high school. Mayor Taylor closed the public audience. Vice Mayor McCray stated he was a resident of Boynton for 51 years and his school was torn down in District 2. He indicated he has been discussing the old high school for over five years. His question was, did the historical registry have the 1927 High School listed. Mr. Hutchinson replied it had not been applied for. Mayor Taylor added the papers have all been prepared and just need to be submitted. Vice Mayor McCray also asked what miracle happened that gave the CRA a new turn or new vision to step up and take this project over. He requested the funding figures again. Mr. Hutchinson reiterated it was an approximately $6,000,000 restoration project. The City has contributed $300,000 CRA over the next 24 to 36 months an additional $2,000,000 which makes $2.3 million as the match for grants and foundation underwriting and inkind contributions for construction. Historical preservation grants will be $1.5 million. The County will be asked for 750,000. Also inkind contributions of construction will total approximately $1,000,000. Local contributions and private corporations will contribute $1,000,000 and foundation grants $1,000,000. Total grants will be $5.2 million with the CRA and City's committed amount comes to $7.5 million which leaves $1.5 million surplus funds to establish an endowment. Vice Mayor McCray questioned who was going to be responsible for the upkeep once complete. Mr.Hutchinson said the CRA. He added if the City directs that the CRA is responsible for the old high school the CRA will raise additional funds, work out the partnership and with the ownership goes the maintenance and upkeep and the responsibility for a cash flow to sustain the school. Addressing the Boynton Cultural Center, Vice Mayor McCray asked if the Center had raised any money for the project. Arlene Dennison, Executive Director at the Schoolhouse Museum indicated they wrote a grant to a local foundation, if the building was saved the money could be used for expansion. She noted it was very difficult to raise money for a new building. Historic preservation is a big factor in starting the synergy to raise money and possibly use focus groups as was used with the Schoolhouse Museum. It was $100,000 on the first grant. 24 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 2005 ~'-""'. Mayor Taylor commented he has been the most outspoken for tearing the school down due to the cost and not knowing the source of funding. Bonnie Dearborn, the state person had told Mayor Taylor the maximum funding a year is $350,000. The Mayor indicated the phone survey that was conducted had poorly constructed questions and was a problem. For the first time reading the report, and after receiving many letters, he could finally see how the restoration can be accomplished. He felt the CRA taking the lead and working with the Cultural Center the project is now possible. The Mayor stated he envisions the old school being used for educational and cultural events and the new state of art civic center used for sporting and recreational purposes. Plus he liked the concepts that generated revenue such as the gift shop and coffee shop which would be economic generators. Mayor Taylor would now be a strong supporter of the CRA taking the lead and the Cultural Center as a partner for saving the high school. Commissioner McKoy admitted he was the new kid on the block on this issue and sometimes it was easy in the life of a project to lose site of the objectives. He realized that the Vision 20/20 plan talked about the restoration of the high school and it has been sitting at a yellow light. Commissioner McKoy felt a green light was needed and he is in favor as well for preserving the old high school. Commissioner Ferguson stated he had to oppose the restoration. He too saw the flaws in the survey and felt it was rigged based on his experience in the market research business. He visualizes the east end of Boynton Beach being one end of a barbell and the other end down here only smaller. In the survey it was extrapolated out the frequency distribution indicated there were 1.2 million visitors to the Children's Museum last year and he felt that was ridiculous. His objection was the CRA funds account for 40% of the $7,000,000 and the CRA is devoting its time to this venture when it should be concentrating on the downtown area and MLK area. He also questioned why the funds for the cultural activities only apply if we save the old high school as opposed to a brand new civic center which could be in the present location of the old high school. Two things he wanted to make very clear were in January, 2001 a promise was made that funds would be found for this high school if we kept it and again in 2003. It did not happen and he would not vote for it. He stated the cost similarities are striking, 158 to rehabilitate and 162 to build a new one. He could not vote to retain it. Commissioner Ensler said he realized he is now the anchor man. He appreciated the serious proposal that was made. He had a few questions of staff. First of all, what kind of motion was needed to have it approved. Mr. Hutchinson said it would be a directive for the CRA to put on their March 17th board meeting to officially make the offer for acceptance of the old high school that was transferred to the City from the school district. The legal structure will have to be investigated. 25 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 2005 Commissioner Ensler inquired, who in the long term would have ownership of the school and the property it is on. Mr. Hutchinson said the CRA wished, if they were funding and underwriting, that they have ownership of the structure and responsibility for maintenance, renovation and so forth. The CRA would then contract with the other entities. Commission Ensler asked if that would include the grounds around the high school. Mr. Hutchinson indicated yes. Next Commissioner Ensler asked if the program was successful, what would the city's obligation be towards the high school, financial liability of the City. Mr. Hutchinson replied the CRA would shoulder the burden, and funds committed and spent on taking out the asbestos and other things would be the extent of the City's obligation. Commissioner Ensler speculated if there was a serious financial problem it would be the CRA's responsibility. Mr Hutchinson said yes, which is why the CRA wanted ownership of the asset. Commissioner Ensler asked at what point in the fund raising would it be appropriate to draw up the final contract. His concern was if enough money cannot be raised what would happen at that point. Mr. Hutchinson felt confident there was enough interest and funding to get the project well underway. The "what if' question was still not answered and Commissioner Ensler wanted a response. Again, Mr. Hutchinson indicated there was already sufficient funds and inkind contributions to get the building up and operating. Commissioner Ensler again asked, what if you find out it is going to cost $12,000,000 to refurb the school and you only have $6,000,000. Mr. Hutchinson was confident in his estimation of costs. Commissioner Ensler wanted a legal answer. Mr. Hutchinson's response was it could be torn down in the future. Commission Ensler asked what happens in terms of the arrangement. It is now turned over to the CRA and there are not sufficient funds to do the work. Would the school then be turned back over to the City? Mayor Taylor suggested it could be written in as a reverter clause. Mr. Hutchinson indicated the CRA needs to have title before the project can be started. His concern was no foundation would donate money if the title and ownership is in question. Reverter or performance clauses can be included in the agreement. Vice Mayor McCray asked for clarification on the asbestos removal that was mentioned by Mr. Hutchinson. Mr. Hutchinson responded the City's job was finished and any future movement and restoration of the project would rest solely with GRA. Vice Mayor McCray wanted to know if the Commission approved the project how fast would money be coming in. Mr. Hutchinson said there would be no waiting because eRA underwriting and commitments from key contractors would be able to immediately hire a restoration specialist to look at key elements with the cultural board. At that point grants can be requested. 26 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 2005 ~.. ~ ~ Vice Mayor McCray inquired if the $6,000,000 would be coming out of the bonds just approved. Mr. Hutchinson said no. Arlene Dennison of the Cultural Center added the Center has legal counsel ready to work with the CRA on the school. Commissioner Ensler wanted to emphasize he is in favor of the recommendation and his only concern was for the taxpayers in the long term. Vice Mayor McCray asked if everyone present at the CRA workshop was in favor of restoration. Mr. Hutchinson replied yes. Mayor Taylor referred to the comment that the CRA should be working on the Heart of Boynton and he felt the old high school is the center of everything being done. Downtown and the City of Boynton has to be viewed as one entity. This should be a centerpiece for everything going on with the CRA. Mr. Hutchinson added staff is proposing going to 30% design for streetscapes for MLK. Seacrest to link MLK to town square and Boynton Beach Boulevard has been planned for years and the CRA is adjusting a $6.3 million river walk to a future time and feasibility linkage putting those funds into momentum projects. In the next 24 to 36 months there will be an additional $5 million put into the Heart of Boynton over the previous plans. Areas have not been ignored and the CRA is investing off the water into the core of the community. Vice Mayor McCray questioned parking for the old high school and the new state of the art civic center. Mr. Hutchinson indicated parking was part of a master plan the designer would work on and needs to be coordinated. Mayor Taylor added the two plans showed parking garages, one with the high school and one without the high school. Chief Bingham stated the City Manager's, only concern was the CRA and the Cultural Center be involved in discussion relating to the possible future conveyance of the building. He suggests a specific timetable and specific deadline for reporting to the Commission. This would disallow anyone group to get ahead of the other. He further suggested the effort be well coordinated and communicated so everyone is in the loop and better able to respond to questions by elected officials. Motion Commissioner Ensler moved to restore the old high school and requested the CRA take whatever action is necessary to formalize the change in ownership to the eRA for a time certain. 27 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 2005 Mr. Hutchinson asked for input from legal counsel and stated the CRA's legal staff will draft the first round. Attorney Cherof indicated the reasonable time is whenever the Commission wants to visit it again. Commissioner Ensler stated he made the request because Mr. Bressner was pressing for a time certain. Mr. Hutchinson said the draft would be back in a month. Vice Mayor McCray suggested the date be set as April 5th. Mayor Taylor restated the motion is to restore the old high school with the CRA and question if the Cultural Center should be included in the motion. Mr. Hutchinson requested that only one person be responsible. Commissioner Ensler said the motion would stand as stated, approval to restore the old high school and authorizing the CRA to come back to this Commission with the formal documents to accomplish that by the first meeting in April. Commissioner McKoy seconded the motion. Motion carried 4-1 (Commissioner Ferguson dissenting). X. Future Agenda Items H. Zoning in M-1 District (TBD) Commissioner Ensler related it was discussed at the preagenda meeting staffs comments to review standards for M-1 zoning on arterial road. A study was started three years ago and has never been completed. Commissioner Ensler supported completing the study. He indicated it was also suggested to have moratorium during the study period. He requested that staff prepare whatever documents needed to have the study done and a moratorium, and by the next meeting have a date when the study can be complete. It should include architectural standards and uses. His concern was if development decisions were being made based on a fear factor especially in the M-1 districts. Vice Mayor McCray added that it was also stated that anything in the hopper this would not affect. Attorney Cherof concurred. The procedure is set forth in the Code to announce and get a moratorium started that is referred to as Notice of Intent. A resolution would be made for the next agenda however the deadline for the next Commission meeting has come and gone. He would seek direction from the Commission to disregard that deadline. 28 ATTACHMENT #3 Meeting Minutes Regular City Commission Meeting Bovnton Beach. Florida Februarv 17. 2004 Commissioner Ensler asked whether the proposed construction would meet all hurricane standards. Mr. Rumpf replied that it would have to in order to be permitted. Motion Commissioner McCray moved to approve. Vice Mayor Ferguson seconded the motion that carried unanimously. F. Approve a donation of $4,000 to the Boy Scouts of America from the forfeiture fund Commissioner McCray clarified that this donation was being made to the Gulfstream Council in Palm Beach County and funds would be used for all scouts located in the Boynton Beach area. Motion Commissioner McCray moved for approval. Commissioner McKoy seconded the motion that carried unanimously. VII. CODE COMPUANCE .. LEGAL SETTLEMENTS: A. Motion to pay settlement from court ordered mediation in the amount of $15,000 to Peter Ebbole (slip and fall) Motion Vice Mayor Ferguson moved to approve. Commissioner McCray seconded the motion that carried unanimously. VIII. PUBUC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Presentation of the Ocean District Community Redevelopment Plan (TABLED TO 02/17/04) (Proposed Ordinance No. 04-003) Motion Commissioner McCray made a motion to remove the item from the table. Commissioner McKoy seconded the motion that carried unanimously. Quintus Greene, Director of Development, presented the Plan in the absence of the project manager, Margelly Beltran. The Ocean District is bounded on the north by NE 3rd Avenue, on the west by Seacrest Boulevard, on the south by SE 2nd Avenue and on the east by the FEe Railroad. This is the third of five segmented updates of the CRA Plan. The first segment was the Federal Highway Corridor and the second was the Heart of Boynton. The purpose of the Plan is to revitalize the downtown area of Boynton Beach and present a desirable place to live and work. It also prOVides recommendations that would facilitate the creation of a new image of mixed uses for the civic and cultural center of the area. Staff looked first at the existing conditions in the area. Some of the strengths of the area include the cluster of civic and cultural activities, the proximity to the Marina and Federal 13 Meeting Minutes Regular City Commission Meeting Februarv 17. 2004 Boynton Beach. Florida Highway and the retail potential along Boynton Beach Boulevard. The area also had some liabilities, including the railroad on the eastern boundary, some M-1 industrial uses and poor pedestrian connections in the area. Mr. Greene explained that there were two in-house visioning sessions with Oty staff. They also held two public workshops for property owners and residents In the area. Staff provided three broad plans and divided them each into quadrants. Residents were asked to pick from the different plans. It evolved into two broad planning themes. Both were very similar with one major difference. That difference occurred in the northwest quadrant of the plan. The public was split 50-50 on whether the old high school should remain or not. Staff is therefore presenting both plans. Alternative 4 is the existing Town Square Plan. It presents the opportunity for the Library expansion, a new civic center auditorium, a new parking structure and a pedestrian link between City Hall and the Library. Alternative 5 has many of the same elements except it has the old high school being refurbished. It would result In moving the parking structure to the west. There would be no pedestrian corridor. However, it would allow for the expansion of the Library, a new civic center and a new parking structure at the southern end. One of the things very apparent to staff was that there is an acute shortage of space relative to City facilities, particularly in Oty Hall. There would probably be a need for some kind of public building. Staffs recommendation is that this new public building should be located at the northeast corner of Seacrest and Boynton Beach Boulevards. This would frame the entrance to downtown. To link these two public buildings, they are proposing a skywalk that would traverse Boynton Beach Boulevard. They would recommend that Boynton Beach Boulevard have a median installed to enhance landscaping and would encourage mixed-use development along the sides. A few years ago Ocean Avenue between SE 1st Street and Federal Highway was enhanced. They would recommend that this be maintained at the current scale and encourage mixed use development with commercial and offices on the ground floor and residential uses above. There are two residential areas in the Plan. They are multi-family and single- family residential. The multi-family Is north of Ocean Avenue, between Ocean Avenue and Boynton Beach Boulevard. They are not recommending a significant change In this area other than those that residents wish to undertake. They also feel that the single-family residential area should be left as is other than any improvements that property owners wish to undertake. They are recommending a paving treatment at Seacrest Boulevard and Ocean Avenue. They also recommend a median along Seacrest Boulevard and an arch at Seacrest Boulevard and Ocean Avenue to enhance the entrance. The east end along the FEC Railroad was identified as one of the problem areas. They are recommending quad gates at both Ocean Avenue and Boynton Beach Boulevard. These gates prevent automobiles from driving around them. Trains would no longer be required to blow their horns with these quad gates. However, these gates are expensive. They recommend 14 Meeting Minutes Regular City Commission Meeting Boynton Beach. Florida February 17. 2004 landscape treatment along the west side of the railroad consisting of a heavy row of trees to mitigate and absorb some of the sounds. Mr. Greene said that staff had some specific recommendations. They propose an amendment to Section 3 of the Comprehensive Plan Future Land Use Support Documents to address some of the issues in the Plan. They also propose to amend the Zoning Code to include specific regulations in the mixed-use low intensity zoning district. There are also certain amendments to the Future Land Use Map that need to be made. These are future action items. He showed some examples of mixed-use developments in San Diego and pointed out that none of the buildings shown exceeds 75' in height. Commissioner McCray felt that the City prepares plan after plan. He asked when something would happen. Mr. Greene responded that planning is the first step. The next step is that decisions must be made by this Commission relative to the capital improvement program. That is where the money is budgeted to implement many of the recommendations that the planning staff make. The City Commission has already taken steps to expand the Ubrary and is investigating the preservation of the old high school. There is a study regarding Oty Hall space needs. There have already been some improvements made to Ocean Avenue. These are all capital projects. It is just a question of when the City has the resources to be able to implement some of the recommendations. Commissioner McCray said that we had to be realistic. This is something that is not going to happen in five or six years. Mr. Greene explained that there are private/public partnerships. He has seen a public courthouse built by the private sector and leased by a city for 30 years. Commissioner McCray said that the City had the Visions 20/20 and he felt that nothing has happened. Mayor Taylor said that he was a part of the Visions 20/20 and a lot has happened. The Marina project would be coming out of the ground by the end of this month. The Arches project is in negotiations now. The City purchased land for the promenade. Commissioner Ensler complimented Mr. Greene and his staff for the excellent study. He felt that the alternative that the Commission was looking for was the one that retains the old high school, alternative 5. Motion Commissioner Ensler made a motion to accept alternative 5 of the Plan. Commissioner McKoy seconded the motion. City Manager Bressner thought that there were elements of the Plan that were not feasible, However, this is a starting point. These are just gUidelines and they would change. 15 Meeting Minutes Regular City Commission Meeting Februarv 17.2004 Bovnton Beach. Florida Mayor Taylor did not want to lock in alternative 5. Mr. Greene explained that the plan is not a bible. He recognized that as circumstances change, plans also change. Both Vice Mayor Ferguson and Commissioner McCray thought that it was premature to vote on the Plan. Assistant City Attorney Payne pointed out that this item is scheduled for a first reading of an ordinance adopting the Plan unless the Commission does not want to move forward with the ordinance. Mr. Greene explained that this Plan is the third phase of the update of the CRA Plan. It has the same effect as the Federal Highway Corridor Plan and the Heart of Boynton Plan. City Manager Bressner asked what the recommendation was from the CRA regarding the Plan. Doug Hutchinson, CRA Director, reported that their recommendation was to keep all alternatives of the Plan. State Statute requires that the Plan be updated every few years. The CRA did not choose one alternative over another. Commissioner Ensler felt that the Commission should give some guidance regarding the old high school. City Manager Bressner explained that at the capital improvement workshop, it was not a preordained decision that the City would refurbish the high school. The maximum investment that was authorized by the Commission was approximately $300,000 with the full expectation that anything beyond that would be borne either by the private sector or the CRA. That would put limitations on what the building could be used for. It could be used for cultural, social or perhaps some private sector operations. Brian Edwards, 629 NE 9th Avenue, was in favor of keeping the old high school. People tend to be attracted to and attach themselves to history and culture. There are only four historic buildings in the City. He urged this Commission, the CRA and City staff to find a way to save the school. Herb Suss, dtizen, thought that the high school must remain. He concurred with Mr. Edwards. Marie Horenburger, 3020 Pine Tree Lane, said that she had served on the City of Delray Beach City Commission and was part of preserving the Old School Square. There were a lot of people in Delray Beach who were not very interested In preserving the old schools. Those schools have become linchpins for development. She hoped that the community would support the preservation of the old high school In Boynton Beach. 16 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida Februarv 17, 2004 Mayor Taylor clarified that no one on the Commission said they wanted to demolish the old high school. There were some things in the Plan that the Commission heard for the first time (for instance, buying the northeast comer of Seacrest and Boynton Beach Boulevards to build a public building). He did not know whether the Commission agreed to everything in the Plan and he did not want to lock the City into it. City Manager Bressner explained that the purpose for adopting the Plan was to have the ability to put in land use changes and look at the area in a more detailed fashion. For example, it does not require the City to purchase the property across the street. ~ The motion to accept alternative 5 of the Plan failed 2 to 3 with Vice Mayor Ferguson and Commissioners McCray and McKoy dissenting. Motion Commissioner McCray moved to accept the Ocean District Plan without having alternative 4 or 5 locked in. Motion was seconded by Vice Mayor Ferguson and carried unanimously. Assistant City Attorney Payne read Proposed Ordinance No. 04-003 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-003. Commissioner McKoy seconded the Motion. City Clerk Prainito called the roll and the motion passed unanimously. The meeting recessed at 8:32 p.m. and reconvened at 8:42 p.m. B. Project: 503 North Seacrest (LUAR 03-010) Agent: Don Stacks Owner: Edward Eatman III Location: 503 North Seacrest Boulevard Description: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Low Density Residential (LDR) at 4.84 dwelling units per acre Assistant City Attorney Payne swore in everyone who would be testifying. Dick Hudson, Senior Planner, reported that this property is developed. It consists of approximately 4,800 square feet. The request is consistent with the current use of the property . It is nonconforming because it is designated for commercial use. The property is valued at less than $60,000 so conversion is not poSSible without a variance. The lot was originally platted in 1925. Access to the site is off NW 4th Avenue. The project meets all policies of the Comprehensive Plan. It is very consistent with the Heart of Boynton study that recommended that the properties on the west side of Seacrest Boulevard should go to single family residential. With properties that are nonconforming, banks will not loan money to fix them up. Staff recommends approval. 17 ATTACHMENT#i MINUTES OF THE CITY COMMISSION WORKSHOP HELD IN THE LIBRARY PROGRAM ROOM, BOYNTON BEACH, FLORIDA, ON MONDAY, JANUARY 31, 2005 AT 6:30 P.M. Present: Jerry Taylor, Mayor Kurt Bressner, City Manager Mack McCray, Vice Mayor Janet Prainito, City Clerk Bob Ensler, Commissioner Mike Ferguson, Commissioner Carl McKoy, Commissioner I. Call to Order Mayor Taylor called the Workshop to order at 6:30 p.m. II. Town Square Report - Angela Budano and Corey O'Gorman Vice Mayor McCray inquired what the costs of the Consultant's Services were in providing the Town Square Report. The cost for the report was $20,250. Corey O'Gorman presented the Report, a copy of which is on file in the City Clerk's Office. Mr, O'Gorman explained that the report is a comparative analysis for the Boynton Beach Town Square. Matters to be discussed would include the scope of services, the methodology of the work, alternatives for the Town Square, and their conclusions. ~ Scope of Services This included data collection, analysis, review of previous reports, meeting with members of the Town Square Council, and formulating design scenarios. Information sources included the Cultural Center, Children's Schoolhouse Museum, Recreation and Parks Department, and others. The costs are conceptual cost estimates and provide the costs for the two alternatives being considered. The first alternative was to renovate the Old High School to be used as a future cultural facility with a new community center. The second alternative is to demolish the Old High School and construct a larger, multi-purpose community center and cultural facility. They re-reviewed some of the previous reports done for preservation of the Old High School. They looked at uses for the Old High School in order to formulate square footage estimates for new construction to include uses for the Children's Schoolhouse Museum, Art Center, Civic Center and Madsen Center. Office space could be provided for the Code Compliance Office and the eRA, plus events' planning use. Estimated total space needs for alternative one are 62,000 square feet and 65,000 square feet for alternative two. Meeting Minutes City Commission Workshop Boynton Beach, Florida January 31,2005 They looked at how the spaces could meet the demand, space needs themselves and parking needs. They also considered the intrinsic value of the building. A letter was recently generated by the Florida Department of State, Historic Resources Division. encouraging that the building be preserved. They also looked at neighboring communities that have renovated historic buildings that are being used for public purpose. One such place was Old School Square in Delray Beach and they spoke personally with Mr. Joe Gillie, who is the Executive Director of Old School Square. Historic and cultural grants are available for these purposes, as well as funding from foundations. Renovating historical buildings of this type can be revenue generating. The report addresses other historic buildings that were renovated and preserved including Lake Park City Hall, Ft. Pierce City Hall, Lake Worth City Hall and Old School Square. Maintenance costs for Old School Square are $200,000 per year, but it generates over $20 million in revenue. Some of the income generating features in Old School Square that could also be incorporated in the Old High School are performing arts, classrooms and room rentals, as well as art gallery space. Renovation of the Old High School could provide the City with an historical sense of place, legacy and pride of ownership, and community buy-in. ~ Focus Area The focus area they looked at included the three blocks south of the existing City Hall complex. This also included the Old High School, Children's Schoolhouse Museum, Civic Center, the residential property to the east of the Civic Center, the Library, Madsen Center and Art Center. Both alternatives include the acquisition of the residential properties; however, it is not required. ~ Alternative No. 1 This would include preservation of the High School Building and construction of a ::1:37,000 square foot community center building next to the Art's Center. The space between the two buildings would become an open event space, but has yet to be defined. ~ Alternative No.2 This alternative is demolition of the Old High School Building with construction of a third floor to the community center building in alternative 1. This would provide a total of approximately 62,000 square feet of space. ~ Budget The conceptual budget for both alternatives is included in the backup to the report. The budget is a 16-division breakdown based upon the existing floor plan and was not prepared to specifically accommodate any particular use of the building. ') .. Meeting Minutes City Commission Workshop January 31,2005 Boynton Beach, Florida The new community center is conceptual and is not included in their report. Mr. O'Gorman pointed out that they neglected to include operation and maintenance costs in the budget and he would provide these costs to Mr. Bressner by the end of the week. There is a margin of error and the designs would have to be finalized in order to obtain complete numbers for every aspect of construction for both alternatives. Mr. O'Gorman noted that Burkhardt Construction had done some recent renovations of historical buildings and they assisted him with the 16-division breakdown of the budget. Next presented was a comparison of costs between Alternative 1 and Alternative 2 that included land costs, design costs, construction and indirect costs. ~ Alternative 1, preservation and renovation of the Old High School as a cultural facility and construction of a 37,000 square foot community center -$28,887,154 ~ Alternative 2, demolition of the Old High School and construction of a 62,000 square foot community center- $27,795,540 ~ Costs to renovate the Old High School approximately - $5.2 million ($158 per square foot) ~ Construction of a two-story, 37,000 square foot community center approximately- $7 million ($162 per square foot) ~ Construction of a three-story community center approximately - $11 million ($155 per square foot) From the reports that they looked at, they have determined that the Old High School is structurally sound and would be a value to the citizens. They looked at parking, open space and programming. The total square footages of the buildings of both alternatives provide space for programs. The same amount of parking has been included for both alternatives. ~ Conclusions The Old High has a historical character that is normally the focus of preservation. Previous studies recommended preservation. There is support for and against preservation of the Old High School. The Old High School, based upon previous studies, is physically sound for renovation. It appears that expansion of the Children's Schoolhouse Museum would fit in nicely with the restored Old High School. ~ Funding Currently there are limited City funds budgeted for the restoration and no CRA funds have been appropriated for a new community center. If the Children's Schoolhouse 3 Meeting Minutes City Commission Workshop Boynton Beach, Florida January 31, 2005 Museum expands into the Old High School, a potential partnership could be worked out between the CRA and the Cultural Center to assemble the necessary financing to renovate the Old High School. Both alternatives offer comparable open space area. Anticipated redevelopment projects in the downtown would change the demographic profile that could have a profound impact upon the demand for space and programs in Town Square. There is a potential partnership among the Children's Schoolhouse Museum, the City and the CRA that could preserve the building. As an alternative, the City could go out for an RFQ for renovation and occupancy of the buildings. This could be a tool to determine if there is an interest in moving forward with Alternative 1 . Mr. O'Gorman concluded his report and entertained questions. Vice Mayor McCray asked who the other members of the Council were in addition to Commissioner Ferguson. Mr. O'Gorman responded that they spoke with Arleen Dennison, Virginia Farace, Doug Hutchinson, Wally Majors, Kurt Bressner and Wayne Segal. Vice Mayor McCray noted that Don Fenton was. also a member of the Council and questioned why he was not spoken to. Vice Mayor McCray inquired if the group that was formed by this Commission ever met as a group. Mr. Bressner responded that the group no longer functioned after the study was completed. This report is the second study done. Vice Mayor McCray inquired when the first group met and if Commissioner Ferguson ever attended any meetings. Commissioner Ferguson responded that they had three or four meetings that resulted in the first report. Since that time, he has not been contacted by anyone. Vice Mayor McCray inquired if Delray Beach had any difficulty in obtaining funding for Old School Square and to maintain current funding to keep the facility operational. Mayor Taylor thought that in the beginning the City subsidized Old School before it became self-sufficient. Ms. Budano stated that the $200,000 that the City contributes is for maintenance of the exterior of the facility. The remainder of the project is sel1- supporting and, in fact, generates revenue for the City. Mr. Bressner will determine the exact costs for operating Old School Square. Commissioner Ferguson was not pleased with the proposed location of the new community center. If the Commission decided to raze the Old High School, he would like the new civic center built in that location. Commissioner Ferguson felt that it would be more feasible to demolish the Old High School and to build a new civic center in its place. This would alleviate the shortage of space for the Children's Schoolhouse Museum. He also inquired about the survey that the Cultural Commission had been working on. Mr. Bressner was not certain if the survey was complete. 4 Meeting Minutes City Commission Workshop January 31, 2005 Boynton Beach, Florida Commissioner Ferguson did not think that the Commission could address this at its February 1 st meeting and recommended that the item be placed on the February 15th agenda. Commissioner Ensler inquired about the statement made in the report that states "Based on interviews with City officials, although the High School building could serve as interim space for recreational programs and some offices, the building is not an ideal location for either." He inquired what the consultants were recommending as a use for the Old High School. After speaking with Wally Majors, Recreation Director, Mr. O'Gorman determined that the Old High School would not be the best place for recreational type uses. However, programs offered at the Art Center would be best suited at the Old High School. Bert Bender, an architect from Key West, Florida who specializes in historic preservations, had prepared a report on the building. He pointed out that the Old High School is a significant historic structure and should be preserved and saved for the community. This would be a legacy for future generations. He questioned the accuracy of the costs of the alternative uses being so close. He pointed out that there are characteristics in the Old High School that could not be replaced by a new building. There were many ways for the building to be used and a new entrance to the back of the building could be introduced. Mr. Bender had examined the building and found it to be structurally sound with great historic and architectural value. He also received a letter from the State's Preservation Officer encouraging the City to save the building. Commissioner Ensler inquired why 1 sl Avenue was included in the previous plans, but not in the current report. Mr. O'Gorman stated that their report focused upon the two alternatives for the Old High School and looked at the overall site from a general perspective. Commissioner Ensler also pointed out that the report indicated that the City does not have a specific historic preservation ordinance and inquired if the City should adopt such an ordinance. Mr. Bender responded that this would allow the City to receive funding from the State's Preservation Office and Federal Government. Commissioner Ensler felt that it would be feasible for the City to adopt such an ordinance even if it were not used in this instance. Mayor Taylor noted that firms that specialized in restoring historic buildings prepared some of the previous reports. The report prepared by the High School Task Force noted that there were spaces within the building that had not been opened for inspection, which concerned him. He felt that once they started to renovate the building there would be areas exposed that would cost a great deal of money to renovate. Mr. O'Gorman stated that since that report was prepared, those areas were opened up and the asbestos and the pigeon droppings were corrected and the building has been 5 Meeting Minutes City Commission Workshop Boynton Beach, Florida January 31, 2005 secured as a result of the High School Task Force recommendations. Ms. Sudano stated that the remediation costs for the asbestos have been factored in. Mayor Taylor also noted that the Children's Schoolhouse Museum needed between 22,000 to 27,000 square feet for expansion. Renovating the Old High School would provide an additional 28,400 square feet. If this were the case, it would appear the Children's Schoolhouse Museum would use the entire building. Mayor Taylor questioned why the plans for a new Community Center indicate that there would be 25,520 square feet and the second floor would be only 11,600 square feet. Mr. Bressner pointed out that this floor would be multi-purpose and there would be an atrium around the floor. If the building went to a third floor, there would be more square footage. Commissioner Ensler was under the impression that the Community Center would be used for the arts with a stage and theater. Mr. 0' Gorman responded that the report did not indicate uses. Mayor Taylor anticipated having enough floor space in order to accommodate the anticipated programs and that the buildings should be designed tor this purpose. Vice Mayor McCray inquired if the Old High School had been checked for damage after the hurricanes. Mr. Bressner responded that there was minimal damage. Mayor Taylor inquired if the land costs in the conceptual budget were for purchasing residential properties. Mr. O'Gorman responded that it was and pointed out that the acquisition of those properties was not necessary for either of the Alternatives. Mayor Taylor felt that they should set a date to make a decision on how the Commission wanted to proceed. Commissioner Ferguson recommended February 15th. Commissioner Ensler requested that the Commission be provided with the answers to the questions raised tonight by that date. Mr. Bressner stated that he would try to have this available by that time, but noted that he had to speak with Delray Beach and he was not certain how long this would take. Commissioner McKoy recommended March 1st for having the necessary information. Mayor Taylor also pointed out that the size of Old School Square was much larger than what the City was proposing. Ms. Sudano pointed out that Mr. Gillie, the Executive Director of Old School Square, was present to answer any questions. Mr. Gillie stated that he would be glad to assist the City. He noted that it was critical to the success of the Old High School to determine how the building would be used. He reported that there were 1,500 events held on the site that was attended by over one-half million people. The success of Old School Square provides an economic balance for the downtown. Mr. Gillie noted that every ballet school in the City of Boynton Beach rents Delray Beach's facility for their dance recitals. This generates over $140,000 in rent. Even though the City contributes $200,000 yearly for maintenance, the money actually goes back in to support many community organizations. He noted the importance of having 6 Meeting Minutes City Commission Workshop January 31, 2005 Boynton Beach, Florida cultural amenities in the community and felt that this could be accomplished by renovating the Old High School. This could be a drawing card for people to come to the downtown. Mr. Gillie also reported that they recently purchased a two-acre block next to Old School Square on which a park would be placed. He also recommended that if the City were going to purchase any surrounding properties, they should do so as soon as possible before the costs became prohibitive. Mr. Gillie was opposed to tearing down the Old High School and felt it would provide the City some history. Mayor Taylor inquired if Mr. O'Gorman considered making the community center four stories. Mr. O'Gorman responded that when they looked at providing' programs and recreation, the two (or three) story community center, plus the Old High School, met those needs. Doug Hutchinson, CRA Director, addressed the Commission and pointed out that he was a preservationist since 1983 and sat on many national boards and worked on over 60 certified restoration projects. He felt that the actual cost of the project would be a lot less after taking into consideration the amount of money that the building would generate and the grants that would be available. Mr. Hutchinson reported that many contractors in the area have approached him with offers to help with restoration by providing in-kind services. Brian Edwards was in favor of saving the Old High School. He responded to Commissioner Ferguson's question about the results of the survey done by the Cultural Center Board. He noted that the survey had been completed and the initial results appear to be positive. Mr. Edwards stated that the only reason that the survey had not been presented was to allow the Commission time to provide input. He felt that the historical value of the Old High School would compliment the Children's Schoolhouse Museum and the proposed Town Square. The Cultural Center Board has never been given an opportunity to raise any funds to save the Old High School. This would be a public-private partnership similar to the Children's Schoolhouse Museum. They are prepared to raise money if they were given the authority to do so. William Orlove, Vice Chair of the Recreation and Parks Board, noted that his Board has discussed this issue and the Board was in favor of preserving the Old High School for cultural purposes. They envision using the building for expanded programs of a cultural and social nature. If the current Civic Center were torn down and replaced with another building, the Board would like it to be a Civic Center. They also favored having an outdoor amphitheater that would bring many people to the downtown area. Susan Buchanan, a City resident, was in favor of preserving the Old High School. She liked the atmosphere and environment of the City. Ms. Buchanan felt that preserving the Old High School would give the City a unique identity. She noted that the City needed to 7 Meeting Minutes City Commission Workshop Boynton Beach, Florida January 31, 2005 have attractions in order to bring people downtown and renovating the Old High School would help provide this. Commissioner Ensler asked Mr. Hutchinson if he could come up with a plan to show who would manage and finance the Old High School, as well as covering the costs for operation and maintenance. Mr. Hutchinson stated that he would bring this issue up for discussion at the CRA retreat and could have this information available by the first of March. Commissioner Ensler envisioned the CRA working with the Cultural Center to come up with a plan. III. Strategic Plan & Recreation and Open Space element of the Comprehensive Plan David Barth, of Glattlng Jackson Kercher Anglin Lopez Rinehart, Inc., the consulting firm hired by the City, noted that this would be the first of two workshops. He would be presenting a status report of their work and provide the results of their research to date. They have tried to assist the City by identifying a long-range vision. Mr. Barth introduced Mr. Carlos Perez from his firm, and Terry Clark from Staff Connections, who helped with the organizational structure. They have been involved in three plans as follows - ~ Organizational structure. ~ Update of Recreation and Open Space Element of the Comprehensive Plan. ~ Develop a long-range vision for the Open Space Element Mr. Barth noted that there was additional information included with the agenda packet in addition to the PowerPoint presentation that he would be giving, copies of which are on file in the City Clerk's Office. The salient points of the presentation were: . Evaluate the organizational structure of the Parks and Recreation Department in terms of efficiency, effectiveness and professionalism. . Provide a long-term strategy that would be codified into the Comprehensive Plan. . Made site visits on August 23rd and 24th and the schedule is on target . Conducted interviews with the Commission on September 20th and 21st, . Conducted two meetings with the Recreation and Parks Board. . Worked to develop a map and they would be developing a narrative for a map. The narrative should be ready for the second meeting. . Conduct two review/consensus meetings with the Commission, tonight's meeting being the first. Existing conditions of the City's parks, open space, facilities and programs were highlighted. Needs assessment techniques were looked at and will be addressed. Mr. Barth pointed out that every neighborhood had some kind of open greenspace, which were reviewed. Existing elements are: 8 ATTACHMENT # 5 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, APRIL 15, 2008 AT 6:30 P.M. Present: Jerry Taylor, Mayor Kurt Bressner, City Manager Jose Rodriguez, Vice Mayor James Cherof, City Attorney Ron Weiland, Commissioner Janet Prainito, City Clerk Woodrow L. Hay, Commissioner Marlene Ross, Commissioner I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross Mayor Taylor called the meeting to order at 6:31 p.m. Commissioner Marlene Ross offered the invocation and led the Pledge of Allegiance to the Flag. Mayor Taylor recognized members of Boy Scout Troop 395 and Troop 280, who were present and working on their citizenship merit badges. D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner Weiland moved to approve the agenda. Commissioner Hay seconded the motion. The motion passed unanimously. II. OTHER: ( A. Informational Items by Members of the City Commission Commissioner Ross announced she had attended the Citizens Police Academy graduation and that a very diverse group of citizens had participated. She congratulated Major Wendy Unger and Officer Huntington on their excellent program. Commissioner Hay agreed and urged all citizens to participate, if possible, as it was very worthwhile. Both Commissioners Hay and Ross are past graduates of the Academy. 1 Meeting Minutes Regular City Commission Boynton Beach, FL April 15, 2008 ._--< the option to request the right to be excluded from the designation and if requested, they are excluded. The process should be to define the area and begin notifying the property owners of their options and eventually map the area. Vice Mayor Rodriguez reiterated it should be commercial, industrial and selective residential that are slotted for redevelopment. If the motion is passed, then the CRA and City staff can work together to map the area for approval. Motion Commissioner Weiland moved to designate the entire CRA area as a brownfield and allow any individual or property owner the option, if they desire, to opt out. Commissioner Ross seconded the motion. Motion Vice Mayor Rodriguez moved that the Commission take the recommendation of the CRA board and allocate brownfield designations to commercial, industrial and selective residential properties and allow the City Manager through GIS to come back with specifics to be brainstormed. Commissioner Hay seconded the motion. Attorney Cherof advised the motions were competing and Commissioner Weiland would need to agree with the substitute motion. Commissioner Weiland did not agree with the substitute motion. Commissioner Weiland's motion failed 2-3. (Mayor Taylor, Vice Mayor Rodriguez and Commissioner Hay dissenting) Vice Mayor Rodriguez's motion passed 3-2. (Commissioners Weiland and Ross dissenting) Attorney Cherof mentioned that once the map was prepared and the notice to the property owners begins, the property owners retain the right to elect out of the designation area. E. Approve the Downtown Master Plan Vivian Brooks, Assistant Director of the CRA, introduced Cesar Garcia-Pons and explained the CRA had a number of plans that overlapped, making it very difficult for developers in the area. The RFP for the Downtown Master Plan attempted to consolidate the plans for one concept. Mayor Taylor noted the Commission had already viewed Mr. Garcia-Pons presentation. He inquired if the Commission approved the downtown master plan, would the Commission be approving everything laid out in the plan. Ms. Brooks advised the plan does not obligate the Commission, rather are conceptual in nature. Commissioner Hay requested a legal opinion and Mr. Bressner noted there was very strong language in the plan regarding the Old High School and its adaptive reuse. Mr. Garcia-Pons emphasized the language is "desirable to stay./I 17 Meeting Minutes Regular City Commission Boynton Beach, FL April 15, 2008 Attorney Cherof advised the Commission was not obligated, but it needed to be clear that it is conceptual and perhaps some of the language in the document itself should reflect that it is conceptual with some disclaimers. Ms. Brooks agreed edits could be made. Attorney Cherof agreed with the City Manager that some of the key components should be resolved before approving the Downtown Master Plan, even as a concept. Commissioner Ross felt the plan should continue to move forward. It was noted plans could be amended and the RFP will let the market determine the building's feasibility. Mr. Garcia-Pons added the Master Plan is simply a guideline and a moment in time Motion Commissioner Hay moved to conceptually approve the Downtown Master Plan. Vice Mayor Rodriguez seconded the motion. The motion passed 4~1. (Commissioner Ross dissenting) F. Amend the Land Development Regulations to delete the accessory use restriction. Attorney Cherof advised the Code prohibits accessory use, except in conjunction with the primary use. The use is a residential use. If you were to modify the Code to eliminate the requirement, vacant lots would be used for accessory uses in advance of the primary use being constructed. Accessory uses would include a boat dock, swimming pools, tennis courts, basketball courts, barbeque facilities and many others. The staff and legal recommendation was that the Code not be expanded and not eliminate the requirement that the use be accessory to a primary use. A motion would not be necessary to retain the status quo. Bob Brown, 701 S. Sea crest, alleged the action taken by the City is a misinterpretation of the Code. It does not prohibit docks. Mr. Brown reviewed the various definitions within the Code that relate to accessory and primary uses. He noted the dock would be a stand-alone dock. His contention was the State of Florida and the Army Corps of Engineers have controlled and owned the Intracoastal Waterway. Mr. Brown advised he had permits from the State and the Army Corps of Engineers to build a boat dock on their property along with a consent of use easement. It was his theory that the dock would be a stand-alone accessory on the State property and not on his property; therefore, the Code regulations did not apply to his proposed dock. Access to the dock would be from the bulkhead and not on the same lot which is what the accessory use definition requires. Mr. Brown requested that, based upon the Code definitions, the Commission declare a boat dock is in fact an accessory use even though it is not on the person's property, and clarify the Code. Motion Commissioner Weiland moved to accept the recommendation of staff. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. XII. LEGAL: 18 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 b@rnecE2 ~ Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's O~ :;..... ...0 D [8J October 21,2008 ~ n .." August 19, 2008 August 4, 2008 (Noon) October 6, 2008 (Noon) I ~.~ -.J :;C21-< D August 18,2008 (Noon) D November 5, 2008 October 20, 2008 (Noon)-U A::Z: September 2, 2008 u3~ ::E: 0 0% D September 18, 2008 September 2,2008 (Noon) D November 18,2008 November 3, 2008 (Noon~ "T\c;o :2rr1 c.n n)> D October 7, 2008 September IS, 2008 (Noon) D December 2, 2008 November 17,2008 (Nooii)' fT1(") ::1: D AnnouncementslPresentations [8J City Manager's Report NA TURE 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: Accept informational report on Palm Beach County's "Ten-Year Plan to End Homelessness in Palm Beach County, Florida." EXPLANATION: At the September 18,2008 City Commission meeting, Commissioner Weiland reported on the International Downtown Association Conference in Calgary, Canada for the Community Redevelopment Agency. Based upon the success of Calgary's program to eliminate homelessness, Commissioner Weiland suggested that a homeless transition center would be beneficial for the entire County. He requested that initial contacts be made to ascertain the possibilities of public and private funding. In lieu of that request, Boynton Beach Police Officer Robert Kellman, who has been a member of the Palm Beach County Homeless Advisory Board since its inception in May 2007, was contacted regarding the County's plan of action. Officer Kellmen advised that the PBC Homeless Advisory Board adopted a Ten-Year Plan To End Homelessness in Palm Beach County, Florida on July 16, 2008 and on September 23, 2008 it was approved by the Board of County Commissioners. (See attached document). The objective of the Ten-Year Plan to End Homelessness in Palm Beach County is to create a local homeless response system that will completely eliminate homelessness in ten years. The Plan is presented in the form of seven (7) goals in a priority order not related to a proposed date of initiation, but according to the areas of greatest need, and the intensity in which their implementation will impact the problem. Though developed as a set of seven (7) goals, three (3) over-arching themes have emerged: Evaluation and Analysis, Advocacy, and Providing Adequate Levels of Service. Each of these themes is centered on the implementation of the "Housing First" methodology, which is executed in four stages: Crisis Intervention and Short-Term Housing; Intake and Assessment; Housing; and Case Management. The permanent supportive housing programs utilized by the Housing First methodology are currently supported by two HUD funding mechanisms - the Supportive Housing Program and the Shelter Plus Care Program - both of which the Palm Beach County Continuum of Care currently receive. PROGRAM IMPACT: Within the seven (7) goals, the Advisory Board has identified fourteen (14) actions that list municipalities as a proposed partner. I have listed all seven (7) goals below with the correlating municipal actions for each. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Goal # 1: Develop a Universal System for Intake/Assessment and Enhance Client Information Management System. . Municipal Partnership: Develop regionally located Homeless Resource Centers (HRC) throughout the County, which will be equipped with interim beds for homeless individuals. The facilities with beds will be accessible 24-hours a day. Contracted facilities will be used to provide homeless with interim housing. Time frame is 1-10 years. This goal cannot be achieved without additional funding estimated at $5M+ annually. Goal # 2: Provide Interim Housing Services for Homeless IndividualslFamilies. . No Municipal Partnership identified. Goal # 3: Coordinate Partnerships and Resources for Homeless Services. . Municipal Partnership: Advocate and ensure the implementation of new local revenues (both public and private) dedicated to ending homelessness (i.e. Revolving Bond Fund, incentives for individual philanthropy). Time frame is 2-10 years. This goal cannot be achieved without new funding revenue estimated at $5M+ annually. Goal # 4: Improve Access to Homeless Services with Outreach and Education. . Municipal Law Enforcement Partnership: Develop standard operating procedure for law enforcement that would be accepted County-wide on the handling of homeless individuals or families. Time frame is 1-10 years. This goal cannot be achieved without new funding estimated at an annual cost up to $499,000. . Municipal Law Enforcement and Municipal Partnership: Maximize existing resources by coordinating outreach efforts. Time frame is 1-2 years. The funding is available at an annual estimated cost of $500,000 to $999,999. . Municipal Partnership: Develop and implement plan to increase public awareness about the prevalence and issues of individual and family homelessness. Time frame is 1-10 years. The funding is available but may need new funding in order to expand public awareness, at an estimated annual cost up to $499,000. Municipal Law Enforcement Partnership: Evaluate existing and implement new after hours/weekend outreach models. Time frame is 1-2 years. The funding is available at an annual estimated cost up to $499,000. Goal # 5: Prevent Individuals and Families from Becoming Homeless. . Municipal Partnership: Develop incentives for employer-assisted child care and dependent care. Time frame is 1-5 years. Funding through the creation of tax incentives at an annual estimated cost of$500,000 to $999,999. Goal # 6: Secure a Stable Stock of Affordable/Accessible Housing. . Municipal Partnership: Map current services available for those who are homeless and those who are at- risk-ofhomelessness. Also identifY any future service needs and costs. Example: Case Management, Personal Care Assistance, Life Skills Training, Child Care, Dependent Care, etc. Time frame is 1 year. The funding is available at an annual estimated cost up to $499,000. . Municipal Partnership: Advocate at the local, state and federal levels for the preservation of and increased funding for existing housing subsidies and subsidized housing units. Time frame is 1-10 years. The funding is available at an annual estimated cost up to $499,000. . Municipal Partnership: Create Housing Placement Counselor position(s). These counselors will work to increase the opportunities for homeless clients to access safe, affordable/accessible housing (Rapid Rehousing). Time frame is 1-10 years. This goal cannot be achieved without new funding at an annual estimated cost up to $499,000. . Municipal Partnership: Advocate at the local, state and federal levels for legislative support for the funding to eliminate individual/family homelessness: 0 Establish a national housing trust fund. 0 Increase funding and access to programs that expand and sustain housing opportunities for households living at the lowest income levels. 0 Provide full funding for state and federal initiatives that offer housing stability to households who experience or who are at-risk-of experiencing homelessness. 0 Coordinate local/county funded homeless related dollars and redirect to meet housing needs. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM o Align plans of all housing-related boards. o Creation of a living wage. o Affordable and accessible health care. Time frame is 1-10 years. The funding is available at an annual estimated cost up to $499.000. . Municipal Partnership: Advocate for community land trusts. Time frame is 1-10 years. The funding IS available at an annual estimated cost up to $499,000. Goal # 7: Provide System Oversight and Evaluation of the Ten-Year Plan. . Municipal Partnership: Conduct a cost benefit analysis to determine the economics ofhomelessness in Palm Beach County as it relates to the health care system, law enforcement, the education system and community at large. Time frame is 1-2 years. This goal cannot be achieved without new funding at an annual estimated cost up to $499,000. The final narrative in the plan describes how agencies and institutions funded by taxpayer dollars spend millions each year providing services - often repeatedly - to homeless individuals and families. Once placed in permanent supportive housing, these same individuals and families drastically reduce their utilization of these services. Paying to house homeless individuals and families is less expensive for society and better for the individual or family. The City of Boynton Beach has an opportunity to assist in ending homelessness in our community and in Palm Beach County at large by forming a municipal partnership with the County through fourteen action steps identified in the Ten-Year plan. as outlined in this summary. FISCAL IMP ACT: None at this time. To be determined by extent of partnership with Palm Beach County AL TERNA TIVES: Not to accept report. Not to take advantage of partnership opportunities toward the goal of ending homelessness in Palm Beach County. ) ! ::!{lll / , " 01 fiA-P .L~ CffY Manager's Sighature Assistant to City Manager ~ City Manager's Office Department Name City Attorney / Finance S IBULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC Adopted by the Palm Beach County Homeless Advisory Board on July 16, 2008 TABLE OF CONTENTS To the Citizens of Palm Beach County........................................... ......................................... 1 How We Will End Homelessness............... ......... ...... ....... ............................................... ........3 Chapter One: Background.... ................ ....... ....... ................................. .............. ..................... 8 Characteristics of Palm Beach County............ ...... .............. ........................ ................9 Reasons for Homelessness in Palm Beach County.....................................................lO Lack of Affordable Housing.................. ......................... ........... ....... ........... .... 11 Increase in Poverty...... .... .... ......... ....... .................................. ......... ....... ..........13 The Homeless Population in Palm Beach County...................................................... 14 Policy and Funding Trends.............................. ..................... ...... .... ..... ........ ........... .... 16 National..................... ..................................................... ............. ......... ........... 16 State.... ..... ..... ........................ ..................................................... ...... .............. ..17 Local ..................... ......... ................. .............. ........... .................... .......... ....... 19 Origins of the Ten-Year Plan.. .................... ............... ......... ....... ..................................20 Service Providers Working Group........... ................. ............... ................................... 21 Participants....... '" .., ....... ........ ....... .................... .................................... ........ 21 Formation of the Homeless Advisory Board.................................................. ...... ......22 Membership....... .... .......... ...... ...... ....... ............ ........... ......................... ............22 Chapter Two: Statement of Need.... ....... ............. ....... ...................... .... .......... ........................ 27 Current Services to the Homeless Community.......................................................... 28 Prevention... .......... ........... ........... ........ ........................... ......... ..................... ... 28 Outreach......... ........ ........ .............. ........... ............. .... ....... ................................30 Supportive Services............... ...................................... .... ...... ..... .....................31 Housing................. ........................................ -...... ............. ..... ......................... 38 "Gaps" in Services... .... ........ ... ................................................. .............. ..... ................. 39 Inadequate Number of Beds............... .................... ........................................39 Child Care for the Working Poor..................................................................... 40 Lack of Specialized Services. .............. ..................................... ......... ..... .........-41 Currently U nderserved Populations........ ....... .... ............ ...... .............. .................... .... 42 Youth Under the Age of 18, Unaccompanied by an Adult............................. 42 Youth Aging Out of Foster Care........... ....... ............. ................ ....................... 43 Seniors............................................................................................................. 43 Prisoners Exiting J ail...................................................................................... 44 Persons with Disabilities............... ............ ............. ...... ................................. ..45 Pregnant Women......... ...... .......... .................... ...... ..................... ........... ......... 45 Single Women V\Tho Do Not Have Children................................................... 46 Veterans................... ....................................................................................... .46 Undocumented Individuals. ........ ......... ............................ .......... ................ .... 47 People with Co-Occurring or Dual Needs...................................................... 47 The Impact of Family Homelessness on Children..................................................... 48 Barriers to Service Provision................................... ........... ............................. - ......-49 Need for Additional Coordination Among Service Providers............ .........50 Not In My Back Yard (NIMBY).............................. ......... ............. ......... ...... ..50 Limited Funding............... ...... ....... ...................................................... .... ..... 51 TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORlDA Page;; ----.- ----....---. .~----""'----'--'.""""'-'-_.'- ._..._-_._.._~..._..._..._........_........__..._..._-_.._..........._............-----.--...-.---.---.-.-.- ..-...----...-..--.-..-.- ...--.-.----.---.........-..-....-......--...-......-.----... -.--...... ..-.--...--..-.--.......-..--....--....--.-. Chapter Three: Implementing the Plan... ....... ................. ........ ........... ............ ........... ............ 53 Housing First Methodology...... .............................. ....................... ........................ ..... 54 Evaluation and Analysis...... ...... ......... ...................... ...................................................55 Fully- Defining the Problem............... ......... .......... .................. ............... ......... 55 Examining the Effectiveness of Existing Services..........................................55 Best Practices and Evidence-Based Models................................................... 56 Advocacy......................................................... .............................................................57 Increasing Public Awareness............... ...................... ..................................... 57 Influencing Policy......,'........................ ..................... .................... .......... ........ 57 Preserving Existing/Creating New Public Funding Streams......................... 58 Providing Adequate Levels of Service.. ........................ ............................ .......... ......... 58 Linking Tracking Mechanisms and Procedures............................................. 59 Developing New/Expanding Existing Services.............................................. 59 Increasing Interim and Affordable Housing Options.................................... 60 Funding the Plan......................................................................................................... 60 Chapter Four: Goals and Action Steps to Ending Homelessness in Palm Beach County.... 62 Goal 1 - Universal Intake/ Assessment....................................................................... 63 Goal 2 - Provide Interim Housing............................................................................. 65 Goal 3 - Coordinate Partnerships and Resources......................................................67 Goal 4 - Improve Access to Services.......................................................................... 70 Goal 5 - Prevent Homelessness.......................................... .................... ........... ........ 72 Goal 6 - Secure Affordable/ Accessible Housing........................................................ 77 Goal 7 - Oversight and Evaluation............................................................................. 81 Funding Key............... ......... ............................ ................................................. ....... ....82 Acronyms..... .......................................................................... .................................................. 83 Glossary of Plan Terminology. ........................................... ................. .................................... 85 Acknowledgements... ....... ............ ........ ........ .... ............................................... ............. ......... ... 88 How to Get Involved..................................... ............................. ...................... ........................ 89 TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Pagejji To the Citizens of Palm Beach County: I am proud to share with you Palm Beach County's Ten-Year Plan to End Homelessness. This Plan represents the collective efforts of the Palm Beach County Homeless Advisory Board, an outstanding group of individuals representing government, business, faith and community- based organizations, working with a dedicated group of service providers and community advocates. Upon approval by the Board of County Commissioners, the plan will become the framework for policies and programs addressing the issue of homelessness in our community. The Plan seeks to meet the needs of those who are at imminent risk of homelessness as well as to assist individuals and families who are experiencing homelessness. Programs and services considered in this plan are those that have already proven effective both on a local and national level. Best practice models from across the country will be utilized and their outcomes monitored to ensure effective performance. Many will question where the money will come from to meet the price tag associated with ending homelessness. While grants and fundraising will be a significant undertaking to fund this Plan; local resources both private and public must be reviewed to ensure that they are being utilized in the most effective manner. Dedicated funding sources for homeless and other critical social services have been established in many communities and must be considered here. Hard decisions may have to be made along the way. No one has said that this will be an easy process: but, it is certainly one worth undertaking. I ask that each of you take the time to read this Plan and to commit to it in your own way. Our citizens have many unique talents; I ask you to come forward and share them with the rest of the community. Give of your time and talent in whatever area you can best serve; give of your treasure if you are so able. Together we can succeed in reaching the ultimate goal of this Plan: to END homelessness. It will require cooperative and collaborative efforts across the community. It is a housing and human services undertaking of unprecedented proportions, and one that will require a decade to complete. Let us start today to meet the goals and complete one action step at a time. I, along with my fellow Commissioners, present to you this Ten-Year Plan to End Homelessness in Palm Beach County, and ask that you, not only as our constituency, but as our neighbors. partners and friends, consider playing a role in this important and monumental endeavor. As a collective, united community - a community that I am proud and honored to serve - we can. and we WILL, end homelessness in Palm Beach County. Sincerely, John F. "Jeff" Koons Chairman, Palm Beach County Homeless Advisory Board Commissioner, District 2, Palm Beach County Board of County Commissioners TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page I -~ ~ ~.._---_.~-~---~------_...~-~- ~.- -"--~---_._,._-~ ~._.....~----------_..._._._........_-_.._.._.... ." --.-..-.-------...-----....--.-.---.----.-----.--.--.--.......--------....--.-....-...-...-..-- --...----.--....-.- ...-....--....--...-.--...-.-....--.-..----...-.-.-------.-....-. PALM BEACH COUNTY HOMELESS ADVISORY BOARD David J. Gury Pastor Leo F. Abdella Shannon Sadler Hull Judith E. Aigen Stephen F. Johnson Robert Anis Officer Robert Kellman Scott Badesch Ezra M. Krieg Thomas Bell Philip D. Lewis Perry Borman Jeffery C. Lindskoog Jorge Camejo Miriam Maldonado Michele R. Carter Dr. Jean M. Malecki Don Chester Thomas Masters Michelle Diffenderfer Bill Oberlink Gaetana Ebbole Nancy Perez Rita Ellis Jack Scarola Lois J. Frankel Andrew J. Sherman Kerry A. Gallagher William Washington Paul Gionfriddo Suzette W. Wexner William G. Graham Ron Wiewora Susan Darby Guillama Steve B. Wilson TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 2 HOW WE WILL END HOMELESSNESS Homelessness does not discriminate. It does not occur only to a unique group, class or type of individual or family. It is rarely that a single factor can be attributed to an individual's condition of homeless ness, and is most often the result of a complex set of circumstances, a tragic consequence for those who are unable to resolve a wide range of life challenges. Homelessness is, unfortunately, a growing element of our local and national landscape. 'While there are many presumed causes of homelessness, a lack of affordable health care, domestic violence, mental illness and addiction disorders among them, two leading factors are most often cited: a lack of affordable housing and an increase in poverty, both of which are prevalent in the Palm Beach County community. The continued disproportionate rise in living costs in comparison with the stagnancy of wages is culminating in the inability of a growing number of individuals to achieve and maintain housing stability. Palm Beach County has a long tradition of motivated community members who have taken individual and collective action to remedy social injustices as they relate to homelessness. Community stakeholders are in agreement that the system of targeted homeless services in the County is generally strong, and that many effective and innovative programs are already in place. Despite the considerable efforts to stave this growing social epidemic, progress has been slow because the existing homeless response system is somewhat fragmented and built on a system of managing, rather than ending homelessness, and because resources are insufficient to address the issue's root causes. Ending a complex problem such as homelessness is a daunting task, one that requires time and patience from all involved. It requires a willingness to examine the assumptions under which we have approached this issue in the past, an openness to honestly and critically assess our past and current initiatives and ultimately, to changing current systems of care, redirecting existing resources, and securing additional funding. Most importantly, it requires commitment from ALL members of the Palm Beach County community - government officials, philanthropists, faith and civic groups, social service agencies, small and large business owners, housing and service providers, and concerned citizens. To affirm the need for, and to further the realization of a unified endeavor, as well as to demonstrate its own commitment to, and leadership in ending homelessness, the Palm Beach County Board of County Commissioners established the Palm Beach County Homeless Advisory Board in May of 2007. The Board was chartered with, among other responsibilities, the task of preparing and overseeing the implementation of this Ten- Year Plan to End Homelessness in Palm Beach County. The combined efforts ofthe members of the Board and a multitude of service provider representatives led to the adoption of this comprehensive and aggressive Plan in July of 2008. In order to be successful, the individuals and entities behind this Plan's implementation will focus on: formulating systems to accurately measure the extent of the problem; systematically evaluating the levels of success of existing programs; identifying models successful in other communities that can be replicated in our own community; advocating on behalf of homeless individuals and families in order to influence public TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 3 --- -- - ~~ ~ ~ _..._-~ ------~~--~.------~~--~.__.._------_._-- perception, bring about policy change and the availability of sufficient funding, and ensuring that service providers have the resources to offer the levels of services that are necessary to have a true and lasting impact on the rate of homelessness in Palm Beach County. This Plan outlines a strategy to design, fund and develop permanent housing solutions for our homeless population. Until our housing solutions come to fruition, however, it is important that our current systems enhance how individuals and families are connected to services and temporary supportive housing options, which are critical to both attaining and maintaining long-term independence. This Plan creates an integrated, countywide response to ending homelessness that encourages and supports collaboration, offers long-term solutions and is fiscally responsible. It is presented as a living document, one that will evolve as additional needs are recognized, as solutions are identified and as progress is made. THE SEVEN GOALS The objective of the Ten-Year Plan to End Homelessness in Palm Beach County is to create a local homeless response system that will completely eliminate homelessness in ten years. The Plan is presented in the form of seven goals, outlined in detail in Chapter Four of this document, and presented in a priority order not related to a proposed date of initiation, but according to the areas of greatest need, and the intensity in which their implementation will impact the problem. In order to meet these goals, a comprehensive set of action steps have been developed which address current gaps in services, particularly as they relate to a number of underserved populations whose specific needs are not currently being met by those services available in our community. GOAL 1: Develop a Universal Systemfor Intake/Assessment and Enhance Client Information Management System A centralized, standard procedure (with 24-hour access) would improve upon the current system of accessing, tracking, and serving our County's homeless population. Proposed Outcome: By 2018, Palm Beach County's homeless response system will have created a County- wide process for the intake, assessment and management of homeless clients. Additionally, regional homeless resource centers will have been created throughout the County, providing supportive services that include: a universal intake process, interim beds when needed, 24 hour access, engagement centers, as well as medical and psychiatric assessments. GOAL 2: Provide Interim Housing Services for Homeless Individuals/ Families When immediate permanent housing is not available, a need for interim housing options is essential. An increase in the number of interim housing beds is needed for individuals and families and could include the utilization of hotels and/or motels, particularly for homeless families. Additionally, interim housing should include comprehensive case management and supportive services. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 4 Proposed Outcome: By 2018 Palm Beach County's homeless response system will have enhanced and increased the current number of interim housing options for homeless individuals and families. This system will include services for underserved homeless populations. The system will use hotel/motel vouchers to temporarily house homeless families. In addition, interim housing options will provide clients with individual case management and supportive services. Respite beds for individuals discharged from medical or psychiatric facilities will have been created. GOAL 3: Coordinate Partnerships and Resourcesfor Homeless Services An effective Continuum of Care relies on the seamless coordination of community partnerships and resources. A collaboration and coordination of homeless services is needed in order to effectively address the issues of individual/family homelessness. The Plan must utilize and streamline existing resources when appropriate and seek additional resources when necessary. Additionally, the Plan ensures cost effectiveness and efficiency of the homeless response system. Proposed Outcome: By 2018, Palm Beach County's homeless response system will have effectively established a strong, collaborative approach to ending individual/family homelessness. This approach will coordinate the planning, funding, and delivery of housing and homeless services in Palm Beach County. These services will specifically target individuals and families who are either currently homeless or those who face the threat of becoming homeless. Additionally, these efforts will have increased both the success and cost-effectiveness of the homeless response system assuring long-term housing stability for the clients. GOAL 4: Improve Access to Homeless Services with Outreach and Education The current homeless outreach efforts in our County can be enhanced by coordinating additional support from other jurisdictions and resources. With increased support, these efforts can be expanded to include evening and weekend hours. Additionally, increasing public awareness on homeless issues can educate the community and improve access to the homeless response system for homeless individuals and families. Proposed Outcome: By 2018 Palm Beach County's current homeless outreach system will have been enhanced by the support of additional resources, including the coordination oflocal jurisdictions, faith-based organizations and other interested parties. Additionally, marketing and educational efforts will have been implemented to increase awareness of the issues surrounding homelessness and accessing homeless services. GOAL 5: Prevent Individuals and Familiesfrom Becoming Homeless Strategic investment in prevention initiatives can effectively prevent homelessness for groups of people at risk of losing their housing. Preventative measures should offer permanent solutions, with a special emphasis on increasing clients' income, creating TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORlDA Page 5 ~._._--~-~---~------- - - --~--------_._-_.. - .--.-......-......-.-...........................---...--......-.-.----...-.--..-.....--....-- -.--..-.-.-......--.........-...-..--...-----.--.-. more affordable/accessible housing options and improving clients' access to mainstream resources. Proposed Outcome: By 2018, Palm Beach County's homeless response system will have created, nurtured, and fully implemented an intervention system focused on preventing individual/family homelessness. This improved system will have created new education, training and employment opportunities along with supportive services needed to maintain employment. GOAL 6: Secure a Stable Stock of Affordable/Accessible Housing Homeless individuals and families often present with an array of challenges and needs, for which various housing strategies and accommodations are necessary. Offering permanent housing options along with supportive services through the Housing First methodology is the ideal model for ending homelessness. It is imperative to identify, secure and/or develop a dependable stock of affordable, accessible and safe housing options that can serve our homeless population. These various strategies should include transitional, permanent supportive, rental and homeownership options. Proposed Outcome: By 2018, our communities will have developed 4,000 units of affordable/accessible housing located throughout the County. The Plan will have assured that these units remain affordable and accessible on a long-term basis, and that they continue to support individuals and families who have been homeless. These units will not have been lost to market conversion or owners opting-out. In addition, our communities will have implemented effective policies, procedures, incentives, and dedicated resources to keep subsidized units available to extremely-low income homeless and formerly-homeless households. Finally, by "opening the back door" - a phrase often used when referring to the ability to move homeless individuals out of the shelter system by placing them in permanent housing - through the development of new permanent housing stock, the homeless response system will have achieved maximum use of its interim and transitional housing units. GOAL 7: Provide System Oversight and Evaluation of the Ten-Year Plan The integrity and success of this Plan is dependent upon the consistent oversight and evaluation of each of its components, which include: Plan implementation, oversight of operations, management of funds and evaluation of all partners. The effort will include conducting research and collecting data that will routinely drive policy development. Best practice strategies will be researched and, where appropriate for Palm Beach County, replicated to improve existing models. Evaluation systems will be developed to accurately measure success. Providers must be accountable to meet certain standards and achieve success with their clients. Also, a key component of oversight and evaluation is the engagement of clients - those who are homeless and/or formerly homeless. Finally, service providers must receive appropriate training and resources to succeed. Proposed Outcome: By 2018, a system will have been created that provides regular oversight and ongoing evaluation of the Plan. Reliable research and data will have been collected to measure the TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 6 progress and success of the Plan and reports will have been generated and distributed analyzing its effectiveness. Additionally, leadership duties will have been established for implementation and oversight of the Plan. We begin this work at a time when homeless counts have been steadily rising, when federal and state governments are cutting housing and social supports, when the healthcare system is in crisis, when living-wage jobs are scarce, when our community is experiencing unprecedented home foreclosure rates, and when our nation is at war. Nonetheless, there is substantial work that can and must be done today. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 7 ~~ - - ~---~ -~- -----~--_._~. ----~ CHAPTER ONE CHARACTERISTICS OF PALM BEACH COUNTY Located on the eastern coast of South Florida, Palm Beach County is the largest county in the state covering 2,578 square miles, including 45 miles of Atlantic shoreline. At the time of the County's inception in 1909 - when it was carved out of Dade County to become the 47th in Florida - the total resident population was a modest 5,300. The County now boasts a population of approximately 1,274,013,' approximately 46 percent of whom live in one of the County's 38 diverse municipalities. The largest, both in population and land area, is urban West Palm Beach, covering 52.64 square miles with a resident population of 98,774. In contrast, the County's smallest municipality of Briny Breezes covers only four-tenths of one square mile and is home to a modest 407 residents. Residents of unincorporated Palm Beach County make up the remaining 54 percent of the population. While eastern Palm Beach County is a thriving urban area, its central and western areas are more suburban and rural. Palm Beach County's diversity extends from geographics to demographics. African- American and Hispanic/Latino populations are significant - 15.8 percent and 16.7 percent respectively, compared to the 12-4 percent and 14.8 percent national averages. The County's foreign-born population is estimated at 279,566 or 21.9 percent, much higher that the national average of 12.5 percent, but comparable to Florida's 18.9 percent. Naturally, the permanent elder population is consistent with other South Florida communities. 21.3 percent of the County's residents are over the age of 65, nearly twice the 12.5 percent national average. The County's median age is also higher- 42.3 years compared to the nation's 36.4. Palm Beach County is particularly impacted by the "sunbird" and "snowbird' phenomenon. According to a recent University of Florida study, Florida's elderly population fluctuates by nearly 20 percent over the course of a year. In 2005, approximately 818,000 seasonal residents spent at least a month in Florida during the winter season and approximately 313,000 elderly residents left Florida for at least one month during the summer season. 2 Known for its exceptional year-round climate, with an average temperature of 75 degrees, the County's extensive recreational and cultural opportunities are the perfect complement to this richly diverse community. Outdoor enthusiasts enjoy the County's 79 parks and nearly 30,000 acres of natural areas and preserves. Saltwater and freshwater fishing is considered some of the best in North America, and naturally, multiple outdoor water-related activities are enjoyed year-round. The County is the Spring Training home of the Florida Marlins and St. Louis Cardinals, and its more than 150 public and private golf courses have earned it the title of "the Golf Capital of the Worldâ„¢.'' Cultural attractions such as classical concerts, live theater, opera and ballet, as well as numerous museums and gardens are accessible year-round and are geared toward residents of all ages and demographics. Opportunities for religious and spiritual practice are extensive, with 415 churches, 30 Jewish temples and 30 houses of worship of other denominations throughout the County. Palm Beach County is also home to numerous higher education institutions, including Palm Beach Community College, Florida Atlantic University, Palm Beach Atlantic University, Northwood University, Barry University, Lynn University, College of the Palm Beaches and Nova Southeastern University. 1 All population figures are cited from U.S. Census Bureau, 2006 Population Estimates. " Smith, Stanley K. and Mark House. "Snowbirds, Sunbirds, and Stayers: Seasonal Migration of Elderly Adults in Florida." The Gerontological Society of America. 2006. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page q ,------------- ~ .____....._._.._._._.._..._.____._....._._._....... .... ..... .__._. __._._..'_h ._.._~._ '__ _..._._...___......_.... ... .... ...__.... .. ._~.. _._........._..........__._._._.__.__._..._......_....._...._...____..._._._.....__.......__...._..___.____._......_.__._ _..._..._...___._______._.__.._ Tourism, construction and agriculture are the three largest contributors to the County's economy, all multi-billion dollar industries. High-tech industries such as bioscience follow close behind, exemplified by the current construction of the Scripps Research Institute in the northern County. Nearly seven percent of the County's workforce earns a living from tourism-related businesses such as hotels, restaurants, stores and transportation services. Based on a five year average (FY 02/03 - FY 06/07), the estimated number of annual visitors to the County is 4.496,178, spending nearly $1.6 billion during their stays.3 The western portion of the County is home to agricultural lands producing about ten percent of the U.S.'s sugar supply as well as winter crops such as peppers and lettuce. The County ranks first in the state in cash receipts from agricultural marketing at more than $2 billion annually. The School District of Palm Beach County is the County's largest employer with approximately 20,000 employees serving more than 150,000 students. In 2004, Business Facilities magazine rated Palm Beach County the number two hot spot in the nation for business headquarters, while Forbes ranked the West Palm Beach/Boca Raton market among the top 100 places for business and careers.4 In 2006, the County's per capita income was $30.497, higher than the national and statewide figures, both just over $25,000. REASONS FOR HOMELESSNESS IN PALM BEACH COUNTY Though the outside view of Palm Beach County is often that of a utopian community - the warm weather of sunny South Florida, an abundance of leisure opportunities and a citizenry of enormous personal wealth - reality lies in sharp contrast to perception. While the County has indeed consistently topped the list as Florida's wealthiest, the disparity between the upper and lower classes is extreme. Only 17 percent of Palm Beach County's households earn more that $100,000 annually.s The primary factors contributing to the issue of homelessness in Palm Beach County mimic those in communities across the nation, but are exacerbated by the disproportion between the lifestyles of some of the nation's most affluent, whose multi-million dollar residences line the County's waterways, and the reality of the day-to-day life of the ordinary citizen, who finds himself struggling to pay exorbitant and continually increasing rents with salaries that are well below a living wage. Despite the considerable efforts of social service agencies and providers, faith-based organizations and compassionate individuals throughout Palm Beach County to both fight the causes of homelessness and assist those who find themselves without permanent shelter, the progress being made in combating this epidemic is consistently staved by its two leading factors: a lack of affordable housing and an increase in poverty. 3 Profile Marketing Research. "Report on Palm Beach County Tourism Fiscal Year 2006/2007." Prepared for the Tourist Development Council of Palm Beach County. November 28, 2007. 4 "Palm Beach County Interesting Facts and Figures." <http://www.pbcgov.com/publicaffairs/Facts.htm>. 5 Metropolitan Center at Florida International University. "Palm Beach County Workforce Housing Needs Assessment." Prepared for the Housing Leadership Council of Palm Beach County, Inc. June 29, 2006. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 10 LACK OF AFFORDABLE HOUSING Considerable research identifies the lack of affordable housing as the primary driver of homelessness in the U.S. In a survey of twenty-four cities conducted in 2005 by the U.S. Conference of Mayors, a lack of affordable housing was cited as the main cause of homelessness by nineteen city respondents. 6 This deficit is by no means a new problem. According to a fact sheet on homelessness published by the National Alliance to End Homelessness, there were 300,000 more affordable housing units available nationally in 1970 than there were low-income households that needed to rent them. By 1995, this surplus had reversed, leaving a demand from low-income households for 4.4 million more affordable units than were available.7 The lack of affordable housing has led to high rent burdens, overcrowding and substandard housing throughout the nation. Since 2000, Palm Beach County home prices have grown four times faster than family mcomes. The current affordable housing shortage in Palm Beach County is attributed to a variety of factors including, but not limited to: Substantial loss of multi-family rental housing through condominium conversions Nearly 16,000 rental units have converted to condominiums in Palm Beach County since 2000.8 While some argued that these units provided large quantities of affordable, units for purchase, only 10-12 percent of apartment residents purchase their units when converted, leaving 80 percent looking for new rental housing in a market with a decreasing supply.9 Unfortunately, many of these units have been purchased by real- estate speculators, resulting in a surge in vacant investment properties throughout South Florida. This phenomenon is particularly distressing for long-term renters, many of whom consider their residence a permanent home despite their "renter" status. Overall decline in new housing construction The National Association of Homebuilders reports a 45 percent decrease in single-family permits in the State of Florida between March 2007 and March 2008, and a 30 percent decrease in multi-family permits during the same period. 10 New housing permits in Palm Beach County plummeted from 14,188 total permits in 2005 to only 8,337 in 2006. Increases in construction costs and materials As of October 2007, the national average total cost to construct a single-family home was $219,015.11 To offset the slowing of the residential construction market over the last couple of years, many builders have turned to non-residential construction, which has remained consistent and even increased in some areas of the country, negating the lull in rising construction costs that was forecast by economists. Consistent cost increases in diesel fuel, steel, concrete, copper, gypsum, wood products and even labor have far 6 The United States Conference of Mayors. "A Status Report on Hunger and Homelessness in America's Cities." December 2005. 7 National Coalition for the Homeless. "Why Are People Homeless?" June 2007. a Metropolitan Center at Florida International University. "2007 Palm Beach County Workforce Housing Market Update." Prepared for the Housing Leadership Council of Palm Beach County, Inc. 9 Huriash, Lisa J. "South Florida Condo Conversions Are at an All-Time High, Leaving Renters in a Tight Spot." South Florida Sun-Sentinel. August 6, 2005. 10 Economics Department, National Association of Homebuilders. "Building Permits, U.S. and Regions." 11 National Association of Home Builders. < http://www.nahb.org/fileUpload_details.aspx?contentID=85008 > . TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 11 ~----~----.----------~-~--- -- --,~ -_.._---------~~--~ . exceeded the purchase prices of housing - 30.2 percent compared with 14.5 percent respectively - from December 2003 to January 2008.12 Increasing costs associated with homeownership such as taxes and insurance The catastrophic storms of 2004 and 2005 destroyed the homes of thousands of Floridians in areas hit by Bonnie, Charley, Frances, Ivan, Jeanne, Dennis, Katrina and Wilma. The subsequent destabilization of the insurance market was, for many homeowners, an even greater shock. Insurance companies paid more than $35 billion in claims to Florida policy holders as a result of the storms. These costs were quickly passed on to the insured, most of whom were faced with premiums that doubled within a year. In 2006, 52 of 167 property insurance carriers in Florida requested rate increases in excess of 25 percent. 13 Property insurance reform became a forefront issue in the 2006 gubernatorial election season, and though comprehensive insurance reform legislation was passed in 2007, the impact of high insurance rates remains a serious financial burden for homeowners. Also a hot topic during the 2006 gubernatorial election was the high cost of property taxes in Florida. The state's high rate of growth has driven up real estate values, and subsequently property taxes, particularly in the expensive South Florida market, where many homeowners have seen an increase in their property taxes in excess of 100 percent in a matter of only a few years. Property tax reform legislation was passed in 2007, accompanied by a voter-passed constitutional amendment in 2008. The resulting average annual savings of $174 for a household claiming homestead exemption, however, is considered by most to be a much too modest relief. 14 Inflationary housing values that far exceed resident incomes A recent report by the Housing Leadership Council of Palm Beach County reported that the median sale price of a single-family home in Palm Beach County in 2007 was approximately $345,000. Interestingly, the turn in the housing market resulted in a decline in this figure from $393,900 in 2006. This, however, remains unaffordable to 86 percent of Palm Beach County's households. 15 According to the National Low Income Housing Coalition, the average rent for a two-bedroom apartment in Palm Beach County is $1,188 per month. In order for this rate to be considered affordable, 16 a minimum wage earner would have to work 135 hours per week, or the household would have to include 3-4 minimum wage earners working 40 hours per week. 17 Sub-prime lending, predatory lending and the nationalforeclosure crisis The current home foreclosure crisis is also having a significant impact on the availability of affordable housing in Palm Beach County. One of the country's hottest real estate markets over the last several years, Florida is now consistently topping the list of highest foreclosure rates - along with California and Nevada. The South Florida Sun-Sentinel reported that Palm Beach County had 785 scheduled foreclosure sales in April 2008 12 Simonson, Ken. "AGC Construction Inflation Alert." The Associated General Contractors of America. March 2008. 13 Hearn, Shomari, CFP, EA. "Florida's Property Insurance by Fiat." October 2007. 14 Florida TaxWatch. <http://www.floridataxwatch.org/news/propertytax.php>. IS Metropolitan Center at Florida International University. "Update." 16 As it relates to housing expenses, "affordable" is defined as less than 30 percent of household income 17 National Low Income Housing Coalition. <http:/ /www.nlihc.org/oor/oor2008 / data.cfm ?getcounty=on&county=362&state= FL>. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 12 compared with 167 in April 2007 - a 370 percent increase. IS The same article reported that 1,984 households were facing foreclosure due to mortgage payment delinquency, considerably more than twice the 2007 figure. The foreclosure crisis has brought with it a new challenge for renters in Palm Beach County. Housing and financial counseling centers are reporting a dramatic increase in the number of new clients being evicted from their homes - despite making full and timely rent payments - due to the foreclosure of their landlords' properties. Overly enthusiastic real estate investors during the housing boom are now passing on their financial burdens, often keeping first and last months' rents and leaving their renters without deposits for new accommodations. Despite the recent turn in the housing market and an unusually high rate of vacant condominiums and newly built single-family homes, the perceived surplus of residences has not yet translated into an availability of affordable housing. Developers and landlords are "sitting' on properties in which their investment is higher than what the market will bear, which is still in extreme excess of the affordability rate. Future housing demand estimates for Palm Beach County show that approximately 11,386 units will be needed annually in the coming years, of which 65 percent will be needed to meet the income levels of low and moderate incorne households. 19 INCREASE IN POVERTY Homelessness is inextricably linked to poverty. The survey by the U.S. Conference of Mayors cited previously reported poverty as the main cause of homelessness by five city respondents.2o As housing, fuel and food costs have continued to rise, the incomes of those most impacted have remained relatively stable. Livable wage jobs have become more difficult to secure as working families struggle to achieve and maintain housing stability. The rate of poverty in the U.S. is slowly but steadily increasing due to two factors: eroding employment opportunities for large segments of the workforce and declining value and availability of public assistance. Though the overall economy shows a rise in wages, these figures are generally skewed by the fact that low-wage workers are often working longer hours and/or multiple jobs. A reduction in the number of unionized workers, a lack of adjustments in the minimum wage with inflation, a decrease in the number of manufacturing jobs, an increase in the number of service-sector jobs, globalization and a disproportionate increase in temporary and part-time employment compared with full-time employment have further contributed to the growing gap between the rich and the poor. In 2006, 13.3 percent of the U.S. population, or 38,757,253 people lived below the federal poverty level, 34.3 percent of which were children. In Palm Beach County, 10.7 percent of the population lives below the poverty level. Approximately 7.1 percent of families in Palm Beach County live below the poverty level. 18 Owers, Paul. "South Florida Foreclosure Sales Rise Dramatically." South Florida Sun Sentinel. May 14, 2008. 19 Metropolitan Center at Florida International University. "Update." 20 The United States Conference of Mayors. "Status Report." TEN.YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page J 3 ------"- ~_._._---_._----,-".- -_.--_._-~_.- -- --------------------- ~ Contributing significantly to the issue of poverty is the fact that Florida's economy is driven by tourism, an industry that has both the highest concentration of low-paying jobs and the lowest concentration of high-paying jobs. More than 40,000 individuals work in tourism-related businesses - hotels, restaurants, stores and transportation services - in Palm Beach County. The idea that homeless individuals can rectify their situation by simply "getting a job" is one of the greatest misconceptions of the general public in regards to homelessness. As a matter of fact, a significant number of individuals found in homeless shelters on any given day have secure full-time jobs. The U.s. Conference of Mayors survey cited above found that 13 percent of homeless persons were indeed employed. THE HOMELESS POPULATION IN PALM BEACH COUNTY The total number of homeless is fluid and difficult to accurately estimate. The U.s. Department of Housing and Urban Development (HUD) gives the most credit for reliability to a report published by The National Law Center on Homelessness and Poverty in 2007, which states that approximately 3.5 million people are likely to experience homelessness in any given year. This is almost ten percent of the population living in poverty and approximately one percent of the total U.s. population. One count used to develop the report documented 842,000 homeless on a single night. Tragically, 39 percent of those experiencing homelessness each year are children, 42 percent of which are under the age of five. 21 The number of homeless individuals and families in Palm Beach County are estimated through two different mechanisms: the Client Management Information System (CMIS), which tracks the use of homeless programs offered by the County and is able to produce an unduplicated count of these individuals and families over a period of time, and a point-in-time survey method, which counts the number of homeless on a single given night. The use of the point-in-time survey method is mandated by HUD, which provides more than $4 million annually in homeless assistance funds to the County's service providers. The survey is conducted every two years over a 24-hour period selected by the County during a week in January specified by HUD. 22 A team of service providers, law enforcement officers and volunteers conduct the survey of homeless individuals and families in order to understand the number and characteristics of the homeless population, gathering data about two populations: the number of individuals utilizing shelters, and the number of unsheltered living on the streets, in abandoned buildings or other places not meant for human habitation. The numbers offered here are the results of a point-in-time survey conducted on January 24, 2007. The 2007 count identified 1,432 total homeless households in Palm Beach County. This is further broken down by "individual" households, or single men or women, and "family" households, of which the survey identified 1,302 and 150, respectively. Four hundred sixty-four (464) individuals were identified within the 150 21 The National Law Center on Homelessness and Poverty. "Homelessness in the United States and the Human Right to Housing." January 2004. 22 Point-in-time surveys are required by HUD only once every two years. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 14 family households, for a total estimated homeless population of 1,766 on that single day, though the accuracy of this figure is highly debated by service providers who argue an even greater increase in the number of individuals they serve. The 2007 point-in-time survey showed an 8-43 percent increase in the rate of homelessness in the County from the previous year's survey. The following table gives a further breakdown of the number of homeless on the day of the point-in-time survey as it relates to their shelter status. 157 157 1.302 59 74 150 157 157 I 188 1 464 225 51 1 I - I 382 1,039 I 1,766 ~._----- _____~L ______ Furthermore, HUD requires that data be collected for seven sub-populations, as reported in the following table. Again, service providers contend that these figures are extremely low. Totals gathered through the CMIS system provide a different view of the County's homeless population, allowing those who access homeless prevention services - meaning that they are not yet homeless but facing the threat of homelessness - to be captured in the totals as well. Over the course of the 2007 calendar year, a total of 11,278 unique individuals utilized a prograrn of one of the CMIS-participating organizations. Of these TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page] 5 ~-~ -~- -_._._~,----_._-"_.,.~ ---~--------_._------ ,~......_....._.._.__.._____.__.........__..._...__.....m..__.__.___._..____._._....._......._........__.._____._._........_...._................--.--......------.-.-.-..-----------.....-...--................------.--...-.-.-...---.....-....--___..._ individuals, 4,930 were homeless at the time of entry into the CMIS system. The following table details that age and gender of these individuals: 23 23 14 312 614 1172 778 201 14 0 0 0 0 2 1 3 0 2 36 38 31 654 1109 1706 1056 273 28 As of June 30, 2008, 6,202 unique individuals have been recorded by the CMIS system this year. Based upon this data, service providers anticipate that they will assist more individuals in 2008 than any previous year. Admittedly, neither of these methods gives a full and accurate picture of the number of homeless in our community. Some speculate that realistically, there are between 3,000- 4,000 homeless individuals living in Palm Beach County on any given day. Though shelter counts are generally considered reliable, a warm winter evening often translates into a slow shelter night, and South Florida is often both blessed and cursed with above average temperatures. Statistics related to family homelessness are assumed to be particularly low, as many families "double up," or share the housing of another person or family in lieu of entering the shelter system. Families are also missed due to their absence from camps or other gatherings oflarge numbers of homeless, where a significant percentage of the data related to unsheltered homeless is gathered during the point-in-time survey. Many homeless simply avoid being counted - parents for fear of losing their children, illegal immigrants for fear of being reported. POLICY AND FUNDING TRENDS NATIONAL Homelessness has always existed in this country, evident in the historical "skid rows" inhabited by the poor and transient in large cities to the "hobo" culture of smaller towns, where the homeless populated areas near train tracks for easy access to transport from place to place. It was the deinstitutionalization of patients from state psychiatric hospitals with the passing of the Community Mental Health Act of 1963, however, that pushed the issue of homelessness into the mainstream. It is argued, though not substantiated, that the release oflong-term mental health patients throughout the 1970S and into the next decade caused homeless populations to rapidly skyrocket in large urban areas. In the 1980s, homelessness was considered to have reached crisis status, blamed by many on federal policy changes instituted during the Reagan administration. Federal spending to support local governments decreased dramatically during the 1980s, especially in large cities where homeless populations were steadily rising. Exacerbating TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page ]6 the impact of these cuts was the halving of Section 8 funding in Reagan's first year in office and a dramatic reduction in HUD's budget over the course of the decade - from $74 billion in 1980 to only $19 billion by 1989.23 Public outcry over the growing crisis combined with nationwide advocacy campaigns slowly led to the passing of the Stewart B. McKinney Homeless Assistance Act, more commonly known as the McKinney-Vento Homeless Assistance Act of 1987, or simply McKinney-Vento. The ensuing growth in the number of service providers, supported in part by funding through McKinney-Vento, combined with the flourishing economy of the 1990s, was thought to be the answer to the homeless epidemic. Unfortunately, the seeming abundance of organizations providing shelters, soup kitchens and supportive services weren't addressing the root causes of homelessness which remained integral aspects of American society. Furthermore, it is argued that welfare reform in the mid- decade added fuel to the fire, contributing significantly to the growing rate of homelessness, particularly family homelessness, throughout the nation. In 2002, President Bush appointed a new Executive Director to the U.S. Interagency Council on Homelessness - created by McKinney-Vento - to oversee federal policy on homelessness. The appointment was meant to breathe new life into an agency that was for years considered an ineffective entity. The Council was given a directive not to address, combat nor manage, but END homelessness. To accomplish this goal, the Council is now encouraging local governments, businesses, non-profit organizations, service providers, faith-based entities and community advocates - including currently and formerly homeless individuals - to work collaboratively to develop and implement business-like, results-oriented Ten-Year plans to end homelessness in their communities. In fact, entities currently receiving funding for homeless programs through HUD have been advised that future funding will be directly linked to the adoption and successful progress of said plans. The Council reports that 300 cities and counties have begun their planning efforts, and many are implementing their plans. Though no plan has been in effect for the entirety of its ten years, communities currently implementing their plans have reported a savings and reduction of use of public services such as hospital emergency rooms and ambulances and in other services such as acute psychiatric services and corrections, as well as supportive housing retention rates of 80 percent or greater. STATE In the State of Florida, the Office on Homelessness serves as the central point of contact within state government on the issue ofhomelessness. Formed in 2001, the Office serves primarily as a facilitating agency, coordinating the efforts of the various state agencies whose services address the needs of the homeless, or those facing the threat of homelessness - the Departments of Children and Families, Community Affairs, Corrections, Health and Veterans Affairs, Workforce Florida and the Florida Housing Finance Corporation. Like HUD, the state promotes the use of the Continuum of Care model, which focuses on a homeless individual's movement through emergency shelters, transitional and permanent supportive housing while utilizing supportive services on their path toward self-sufficiency. There are currently 27 recognized Continuum of Care planning areas in Florida, providing services to 62 of the state's 67 counties. 23 Dreier, Peter. "Urban Suffering Grew Under Reagan." Newsdav. June 10, 2004. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page ] 7 ---~-~~----~_._._--------_._----------~----~~ The responsibilities of the Office also include the management of multiple grants to local service providers including Homeless Housing Assistance Grants, Emergency Shelter Grants, Local Homeless Coalition Grants and Emergency Financial Assistance for Housing. Support for direct services is provided through the state's Challenge Grant program. While most federal dollars focus on meeting the need for transitional and permanent housing, these funds offer greater flexibility, allowing recipients to fund programs integral to their Continuum of Care plans, but for which no other public financing is available. These programs include, but are not limited to food and meal programs; literacy programs; outreach; rent and utility assistance; employment readiness, and supportive services such as mental health, medications, case managements and health services. The total funding dispersed by the state for homeless programs in the 2007-2008 fiscal year was $13.7 million. Supporting the Office on Homelessness in its efforts is the is-member Council on Homelessness, which consists of representatives of seven state agencies, four members appointed by the Governor, and four members representing statewide organizations and homeless advocacy groups. The Council, also formed in 2001, is charged with developing policies and recommendations to reduce the rate of homelessness in Florida. The Council's five standing committees - Application and Rulemaking; Barriers, Support Services and Discharge Planning; Data Collection; Executive Committee, and Supportive Housing Development - operate to forward its mission to "develop and coordinate policy to reduce the prevalence and duration of homelessness, and work toward ending homelessness in Florida.>> A fundamental responsibility of the Council on Homelessness is the preparation of an annual report, submitted to the Governor and the Florida Legislature. This report summarizes current rates ofhomelessness (60,168 individuals on any given day according to the 2007 report, 21 percent of which were children) and the continued deficit in needed services to these individuals (currently only five beds for every ten required), but also provides recommendations to promote the reduction ofhomelessness across the state. The Council also oversees the implementation of Florida's Strategic Plan on Homelessness, which guides the coordinated efforts of the Office on Homelessness, other state agencies and local partners. The state's plan focuses on five areas of need: Education; Enhancement of Capacity of the Continuums of Care; Housing; Employment, and Healthcare. Also highlighted in the plan are efforts to address the uniquely specific needs related to sub-populations including homeless veterans, youth aging out of foster care and individuals being released from incarceration. Since its inception, the Council has reported successes in the battle to reduce homelessness including the total inventory of beds - from 22,239 beds in 2001 to 32,004 beds in 2006, an increase of 43.9 percent, and reductions in the length of time that individuals experience homelessness, from 21 percent in 2003 to 19 percent in 2006 for those who are homeless less than one month, and from 56 percent in 2003 to 46 percent in 2006 for those who are homeless more than one month but less than one year. 24 The Council's recent efforts have been focused on advocacy for the reauthorization of McKinney-Vento, the updating of Florida's Strategic Plan on Homelessness, collaboration with other statewide advocates on strategic housing plans and the continued development of policy proposals. 24 Department of Children and Families, Office on Homelessness. "Annual Report on Homelessness Conditions in Florida 2007." TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 18 In recent years, hate crimes and violence against people experiencing homelessness has become a forefront issue for homeless advocacy groups across the State of Florida. According to the National Coalition for the Homeless, 614 acts of violence by housed individuals targeting homeless individuals occurred between 1999 and 2006, 189 of them ending in fatalities. 25 Appallingly, Florida has been ranked by the Coalition as the "meanest" state towards homeless people three years in a row (2005-2007), with 29 separate incidents in thirteen Florida cities in 2007.26 The brutal beating of three homeless men by three teenage boys in Palm Beach's neighboring Broward County resulted in the death of one of the three victims in January 2006. The incident, captured by a video surveillance camera, made national headlines and has prompted action from the state's legislature in the form of multiple House and Senate bills outlining more stringent sentences for assault and battery offenses against homeless persons, but unfortunately all proposed bills to date have failed to pass. Homeless advocacy groups continue to lobby elected officials, including a current effort to amend Florida's Hate Crimes Statute to include crimes against the homeless. LOCAL Palm Beach County provides programs and services related to the issues ofhomelessness and the prevention of homeless ness, as well as providing funding to local non-profit service organizations through multiple departments. The bulk of homeless services provision falls under the auspices of the County's Department of Community Services, Human Services Division, which also serves as the lead agency in the Palm Beach County Continuum of Care. The Division has over 41 years of experience providing services to the County's economically disadvantaged. Its five program components - Homeless Outreach, Emergency Services, Intervention, Economic Stability Services and Self- Sufficiency Services - are delivered via an outcome-oriented service delivery model which focuses on assisting Palm Beach County residents towards self-sufficiency and are funded through a mix of federal and state grant funding, which supplements local funding received through ad valorem taxes. Other County agencies providing assistance through programs related to homelessness include: Palm Beach County Department of Community Services - Provides grants to non-profit organizations providing homeless services through its Financially Assisted Agencies program, which is supported by local ad valorem taxes Housing Finance Authority of Palm Beach County - Finances qualifying multi-family housing developments and single-family homes through one-time bond issuance proceeds Palm Beach County Health Department - A combined state/county agency, operates seven clinics throughout the County, which provide healthcare services to the poor and 25 National Coalition for the Homeless. "Hate Crimes and Violence Against People Experience Homelessness." August 2007. 26 National Coalition for the Homeless. :Hate, Violence, and Death on Main Street USA: A Report on Hate Crimes and Violence Against People E},:periencing Homeless 2007." April 2008. TEN- YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 1 Q ~---~--~-----_.~--~~----.-,- ,....--...--... ....---..-----.-.---.----.-.........--..-.--....-.-------...-------.-.----.-----..-----..--. ...-.-.........-.-...............-....--............--...-.-----.-..-.-----...-.-.----- ...---. ----.--.-.---.-....--.---..--.- uninsured and operates a Healthcare for the Homeless program supported by a federal grant Palm Beach County Department of Housing and Community Development - Manages the distribution of federal pass-through funding: Community Development Block Grant (CDBG) funds for the purpose of developing viable urban communities by providing decent housing and suitable living environments and expanding economic opportunities, and Emergency Shelter Grant (ESG) funds for operation and maintenance of emergency shelters and transitional housing facilities, homeless prevention activities and the provision of essential services for the homeless In recent years, the County has turned its focus towards streamlining the provision of services within its jurisdiction in order limit duplication of services while augmenting capacity to allow for the expansion of the scope of services of those who have already proven themselves successful at advancing their missions. These endeavors have led to the formation of supplemental County-facilitated entities, or Citizens Advisory Committees, whose membership consists of both public and private sector representatives, created to serve as a catalyst for the creation of partnerships between related agencies. The Commission on Affordable Housing, charged with developing and implementing programs to increase the availability of single-family and multi-family housing opportunities, and the Criminal Justice Commission, whose vision is to cultivate and enrich local criminal justice practice, policy, and program development are two examples. Also in the spirit of collaboration are the various advocacy, education and networking organizations within the County, whose memberships consist of representatives of homeless service providers, funding agencies, and other interested parties. Palm Beach County has approximately 135 organizations - non-profit, public sector and faith-based - that serve the community's homeless in varied capacities. The need for these organizations to combine their efforts is widely acknowledged. Challenges such as widespread geography, independent Boards of Directors and the every day struggle to secure funding, however, are by no means simple hurdles to overcome. Organizations such as the Homeless Coalition of Palm Beach County and the Homeless and Housing Alliance provide opportunities for relationship building among service providers, allowing for the coordination of planning efforts - both short and long term - to alleviate the pressures of an increasing demand for services combined with the decreasing allocations for funding mechanisms on which they rely. ORIGINS OF THE TEN-YEAR PLAN In January 2006, the Palm Beach County Department of Community Services, Human Services Division assumed the role of Lead Agency of the Palm Beach County Continuum of Care and immediately began a process of self-analysis in an effort to address the growing need for a more strategic community approach to combating homelessness. Participants in a series of workshops in March and April 2006, hosted by the County and including participants from a variety of stakeholders, identified universal challenges such as a lack of community-wide buy-in to the problem ofhomelessness and the consistent increase in demands for services with limited public dollars as the most significant barriers to progress. The key result of the workshops was the acknowledgement, by all involved, of the need to develop a comprehensive, long-range TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 20 strategic plan that involved players with the ability to implement effective change and raise private funding for the effort. SERVICE PROVIDERS WORKING GROUP In October 2006, a working group of concerned community members, non-profit service providers, health providers and funding agencies throughout Palm Beach County began meeting, tasking themselves with the identification and discussion of models of service currently being used to address homelessness at the local level. The shared wealth of experience, knowledge, data and anecdotal evidence brought to the table by this consortium of participants was vital to the effective assessment of the strengths and weaknesses of the existing systems of care. This series of monthly meetings over the course of the ensuing year culminated in the development of a set of seven goals with accompanying action steps, a unified vision to address the existing gaps in services - the core of this Ten-Year Plan to End Homelessness in Palm Beach County. Chapter Four of this document is the product of months of coordinated efforts of the dedicated and enthusiastic individuals acknowledged here: PARTICIPANTS Manuel Allende Farmworker Coordinating Council Marie Ames Palm Beach Assisted Living Facility Robert Bertisch Legal Aid Society of Palm Beach County Susan Boone Palm Beach Assisted Living Facility Sandra Boulon Palm Beach County Health Department Ken Bowers Operation Hope, Inc. Rene Bowers Operation Hope, Inc. Suzanne Cabrera Housing Leadership Council Roxanna Childs Families First of Palm Beach County Terris Collins Oakwood Center of the Palm Beaches, Inc. Matt Constantine Adopt-A-Family of the Palm Beaches, Inc. Rene Constantino Palm Beach County Community Services Samantha Corrington United Way of Palm Beach County Rhonda Counes Gulfstream Goodwill Industries, Inc. Jerry Desmarais Homeless Coalition Georgiana Devine Palm Beach County Division of Human Services Aurelia Diaz Florida Department of Children and Families Mark Essary Palm Beach County Sheriffs Office Rene Favreau 211 Palm Beach/Treasure Coast Sharon Finch Stand Down House Nancy Gervin Housing Partnership, Inc. Daniel Gibson United Way of Palm Beach County Gladys Givens-Barber Neighbors Organized for Adequate Housing, Inc. (NOAH) Yahick Gribkoff Palm Beach County Health Department G. Harrell Operation Hope, Inc. Chris Harris 211 Palm Beach/Treasure Coast Carl House Community Member/Faith Based Community Lori Hubner Palm Beach County Health Department Pamela Hypolite Church of God TEN- YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 21 ----'-.- ~~----~- _._---~- ~_.------- ---~_._._-~--_._-_. Michelle Leigh Jacobs Comprehensive Alcohol Rehabilitation Program, Inc. (CARP) Tanvia Jones Community Caring Center Nicola Kenig Aid to Victims of Domestic Abuse, Inc. (A VDA) Debbie King Aid to Victims of Domestic Abuse, Inc. (A VDA) Marylyn Kingdom Aid to Victims of Domestic Abuse, Inc. (A VDA) Dawn Krupa Family Empowerment Coalition Essie Larose The Salvation Army Marci Lerner South County Mental Health Center Dora Leslie Center for Family Services Don Loutsch Children's Services Council of Palm Beach County Missie Malaney The Lord's Place, Inc. Beth Manning Housing Partnership, Inc. Tequisha Myles Legal Aid Society of Palm Beach County Pam O'Brien Aid to Victims of Domestic Abuse, Inc. (A VDA) Lucille Pica Palm Beach County Health Department Anax Pompilus School District of Palm Beach County Doug Pugh Community Foundation for Palm Beach and Martin Counties Daniel Ramos Center for Family Services Maite Reyes-Coles Coalition for Independent Living Options Kathy Serock Children's Home Society of Florida Carol Shaffer Palm Beach County Division of Human Services Paul Sherman Oakwood Center of the Palm Beaches, Inc. Sheila Smith The Salvation Army Diana Stanley The Lord's Place, Inc. Julie Swindler Families First of Palm Beach County Wendy Tippett Adopt-A-Family of the Palm Beaches, Inc. Suzanne Turner Young Women's Christian Association of Palm Beach County (YWCA) Carrie Vaughn Legal Aid Society of Palm Beach County FORMATION OF THE HOMELESS ADVISORY BOARD Concurrent to the efforts of the working group was the formulation of an advisory council, the composition of which was fashioned in such a way as to ensure that participants possessed the authority to implement effective change. Established by the Palm Beach County Board of County Commissioners in May 2007 by Resolution No. R- 2007-0720, the Palm Beach County Homeless Advisory Board was chartered with the authority to: . Gather community input on homelessness; . Review and comment to the Board of County Commissioners on homeless legislation; . Assist in the preparation and oversee implementation of the Ten-Year Plan to End Homelessness in Palm Beach County; . Make funding recommendations to the Board of County Commissioners, and . Recruit private and public sector representatives to the membership of particular Homeless Advisory Board committees. MEMBERSHIP The Homeless Advisory Board is comprised of sixteen Core Member Seats and their appointed designated alternates, and twenty (20) Community and Business Member Seats, as follows: TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 22 Core Member Seats (With Appointed Designated Alternates): Palm Beach County Commissioner Jeff Koons, Commissioner, District 2 Palm Beach County Board of County Commissioners Alternate: Bob Kanjian, Commissioner, District 3 Palm Beach County Sheriff or Sheriffs appointee Jeffery C. Lindskoog, Captain Palm Beach County Sheriffs Office Alternate: Dave Dameron, Lieutenant Palm Beach County Chief Judge or judge's appointee Nancy Perez, County Court Judge Fifteenth Judicial Circuit, Palm Beach County Alternate: Kathleen J. Kroll, Chief Judge Palm Beach County School Board Chairperson or Board Member William G. Graham, Chairman Palm Beach County School Board Alternate: Dr. Ann Faraone, Director, Student Intervention Services City of West Palm Beach, Mayor or Council Member Lois J. Frankel, Mayor City of West Palm Beach City of Boca Raton, Mayor, Council Member or Representative Jorge Camejo, Director of Development Services City of Boca Raton City of Delray Beach, Mayor or Commissioner Rita Ellis, Mayor City of Delray Beach City of Boynton Beach, Mayor, Commissioner or Representative Officer Robert Kellman Crime Prevention Unit, City of Boynton Beach City of Riviera Beach, Mayor or Council Member Thomas Masters, Mayor City of Riviera Beach Alternate: John J. Green, Housing & Community Development Coordinator City of Belle Glade, Mayor or Commissioner Steve B. Wilson, Mayor City of Belle Glade Alternate: Lillian A. Tomeu, Assistant City Manager Palm Beach County Health Department Director TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 23 ~~-- ______n_______ Jean M. Malecki, M.D., M.P.H., F.A.C.P.M., Director Palm Beach County Health Department Alternate: Dr. Alina Alonso, Assistant County Health Director United Way of Palm Beach County Executive Director Scott Badesch, President/CEO United Way of Palm Beach County Alternate: Elivio Serrano, Executive Vice President Health Care District Officer Dr. Ron Wiewora, Chief Medical Officer Health Care District of Palm Beach County Children's Service Council Chief Executive Officer Gaetana Ebbole, CEO Children's Services Council of Palm Beach County Alternate: Thomas A Sheehan, III, Chief of Policy & Operations/General Counsel Florida Department of Children and Families District Administrator Perry Borman, Circuit Administrator Florida Department of Children and Families Circuit 15 Alternate: Stephen A. Faroni, Circuit Operations Administrator Emergency Shelter Grant Advisory Board Chairperson or Board Member Robert Anis, Director Behavioral Health Services, Columbia Hospital Community and Business Member Seats: Seven (7) Business Representatives Michelle Diffenderfer Shareholder, Lewis, Longman & Walker, P.A Susan Darby Guillama Executive Vice President, Chief Administrative Officer, The Quantum Group, Inc. David J. Gury Principal, Gury Consulting, LLC Philip D. Lewis Owner-Broker, Philip D. Lewis Real Estate Bill Oberlink Retired President - Southeast Region, AT&T Wireless Jack Scarola Attorney, Searcy Denney Scarola Barnhart & Shipley, P.A TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 24 William Washington Manager, McGladrey & Pullen Four (4) Formerly Homeless Representatives Thomas Bell Residential Technician, Gulfstream Goodwill Industries, Inc. - Project Success Michele Carter Offender Re-Entry Program Manager, Gulfstream Goodwill Industries Stephen Johnson Administrator, Westgate Tabernacle Church Miriam Maldonado Bridges Beacon Navigator, Adopt-A-Family of the Palm Beaches, Inc. Three (3) Private Foundation Representatives Paul Gionfriddo President, Quantum Foundation Shannon Sadler Hull President and Chief Executive Officer, Community Foundation for Palm Beach and Martin Counties Suzette W. Wexner President/CEO, Palm Healthcare Foundation, Inc. One (1) Faith Based Community Representative Pastor Leo F. Abdella Director, Outreach Ministries, Christ Fellowship Church, Inc. One (1) Philanthropist Kerry A. Gallagher Realtor, Community Real Estate Services, Inc. One (1) Housing Authority Representative Judith Aigen Executive Director, Boca Raton Housing Authority One (1) Hospital Executive Officer Don Chester Assistant Administrator, St. Mary's Medical Center Two (2) At-Large Representatives TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 25 -------_._~ ._~~~~~~ __ _. _.____n____~__________.__._._ Ezra M. Krieg Senior Consultant, Community Leadership Consulting Reverend Andrew Sherman Rector, St. Gregory's Episcopal Church In November 2007, the recommendations of the service provider community were presented to the Homeless Advisory Board by representatives who had been integral players in the working group discussed above. The ease in which the ensuing revisions were made by the Board is a testament to the truly comprehensive nature of the document and the thoroughness in reflection that was performed by those by whom it was crafted. The Goals and Action Steps to End Homelessness in Palm Beach County were adopted by the Homeless Advisory Board in March 2008, commended by the Palm Beach County Board of County Commissioners in April 2008, and now form the core of this Plan. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 26 STATEMENT OF NEED CURRENT SERVICES TO THE HOMELESS COMMUNITY The consortium of service providers that constitute the Palm Beach County Continuum of Care offer a vast array of assistance mechanisms to the region's homeless population and those facing the possibility ofhomelessness. Outlined below, under the headings of Prevention, Outreach and Supportive Services, are the various categories of services provided by these agencies. A single descriptive example is given for each category of service. The table provided on pages 36-38, however, acknowledges the numerous agencies whose programs include these elements. PREVENTION The most logical approach to combating homelessness is to address the factors that threaten individuals and families with the potential of losing their housing before this threat becomes a reality. Keeping those facing the threat ofhomelessness in their current residence is most often easier than placing them into permanent shelter once they have entered the emergency shelter system. Mortg:age/Rental Assistance Housing costs consume, in most households, the greatest percentage of monthly household income. Even in double-income households with moderate incomes, the loss of a job can be immediately detrimental to the financial stability of the home. With the high costs of housing, missing even a single month's rent or mortgage payment can cause an increase in accumulated debt that is incredibly difficult to overcome. When such situations arise, mortgage and rental assistance can provide temporary financial relief to qualifying individuals to ensure that their housing costs are paid, preventing them from entering a downward financial spiral into which it is much too easy to fall. The concept of homeownership is an essential aspect of the American Dream. When combined with the collective idea that bigger is better, more and more new home buyers, particularly first-time home buyers, find themselves purchasing more home than they can realistically afford. The effects of this are plainly exhibited in the current housing crisis, of which predatory lending and the ease of solidifying greater loan amounts through adjustable rate and no-interest mortgage options now have thousands facing foreclosure. Several providers offer housing education and counseling programs that ensure their clients have a comprehensive understanding of their financial capabilities in order to avoid being victims of such situations. Example: Housing Partnership, Inc. is the premier subsidy facilitation organization in Palm Beach County, providing non-profit mortgage lending services through its Home Ownership Program. The Housing Partnership assists clients in refinancing to reduce monthly payments, assists with down payment and closing costs, provides home equity loans for home improvements, repairs or debt consolidation, and offers special programs for social service workers, including School District employees, police officers,fire fighters hospital staff and more. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 28 Utilities Assistance Every month in Palm Beach County hundreds of families are faced with utility service disconnection due to rising energy costs. People living in poverty and low-income elderly sometimes have to choose between buying fuel to heat or cool their homes and buying food for themselves and their families. The rising cost of oil, which is passed down to the consumer, is a forefront issue in today's economy and one for which no short-term resolution is in sight. Utilities assistance programs help pay the winter heating bills and summer cooling bills of those in need. Example: The Low Income Home Energy Assistance Program (LIHEAP),federallyfunded and administered by the Palm Beach County Community Services Department, is designed to provide financial relief from high-energy costs to prevent service disconnection for families in crisis. On a national level, approximately two-thirds of the families receiving LIHEAP assistance have incomes of less than $8,000 a year. In Palm Beach County, outreach campaigns that include home visits, telephone interviews and group intakes are conducted to ensure maximum participation of the neediestfamilies, with particular efforts made to serve the elderly and those with special needs. Counseling/Advocacy The overwhelming sense of uncertainty experienced when facing the possibility of losing one's home is undeniable. Most individuals have no idea where to turn for help, or if help is even available to address the issues with which they are dealing. Organizations that provide counseling services often serve as a one-stop resource for those needing direction or referrals to service providers that specialize in meeting their particular needs. The staff at these organizations can often assist individuals in completing paperwork to request services, advocate on behalf of the individual requesting services, or simply lend an ear and affirm the existence of solutions for those who are feeling helpless. Example: Counseling: The Center for Family Services of Palm Beach County, Inc. provides a variety of services to promote the well-being of in dividuals,Jami lies and children. The Center's programs include: individual andfamily counseling, empowerment services, substance abuse counseling, counseling for victims of abuse (sexual, physical, and domestic) through SAFE Kids, parenting through Parenting Smart Babies, and an employee assistance program. Advocacy: The Homeless Coalition of Palm Beach County, Inc. is a network ofbusiness community, homeless andfonnerly homeless individuals, clergy, government agencies and service providers who concentrate on raising community awareness about homeless issues, increasing collaboration among service providers, and obtaining resources for programs aimed at helping Palm Beach County's homeless population to transition out ofhomelessness and into self-sufficiency. The Coalition serves as advocate and a strong voicefor the homeless. Immediate prioritiesfor The Homeless Coalition are to expand efforts in previously underserved parts of the county, including the north. south. and Glades areas; address the issues of chronic homelessness and the needfor an emergency assessment center; issue regular legislative action alerts, notices offunding opportunities, and critical iriformation about homelessness to service providers via an extensive e-mailjfaxjmail network, and provide trainings and other support to small agencies to enhance their ability to provide homeless services. Legal Assistance Quite often an individual finds him or herself facing homelessness due to a legal issue, which can often be easily resolved with proper education and representation. Unfortunately, the ability to procure effective legal services is simply not an option for many low-income individuals. Protection for victims of dornestic abuse, eviction TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 29 _______~_.~ ~__"_ ,,_..~__._".~.___.__~____~__m____.___.______ ....- ........---.--..--.....--.-...-...............-... --.-.-.-...-.....--.- ...-...........--.--..--..--.-...............---.-...-...-....................--.---.....-.--..-......-.-.....-..........-..-.-.-----.."--"-'''''''''' ........-.................-..-......-----.-.-.....--.-.----.....-.... avoidance measures and family law services are among those most often associated with homelessness. Example: The Legal Aid Society of Palm Beach County is committed to providing high quality civil legal advice, representation and education to the disadvantaged of Palm Beach County so as to protect their personal safety, enhance their opportunities and living conditions and promote self-sufficiency. Their work helps clients deal with many of life's most basic needs: a safe home, enoughfood to eat, a quality education, and protection against exploitation and discrimination. OUTREACH Although services are made available to homeless in geographically diverse locations throughout the County, communicating their availability to those in need provides its own set of challenges. Many homeless, particularly those considered chronically homeless and/or suffering from mental illness, are not proactive about seeking out needed services. Identifying homeless individuals and families to assist, in many cases, becomes the undertaking of the service providers themselves. Street Outreach Street outreach teams are a highly effective tool for engaging the homeless population that have not yet entered the shelter system or who repeatedly enter and exit the emergency shelter and transitional housing systems, opting to live on the streets. Over time, outreach team members are able to develop trusting relationship with the homeless community, encouraging them to visit the organizations whose services could benefit them, and empowering them to take control of their situations. Outreach teams often provide basic medical and psychiatric services, distribute food to the hungry, give referrals to the appropriate service providers and follow up with individuals who have exited the emergency shelter and transitional housing systems. Example: As part of its Health Carefor Homeless Veterans (HCHV) Program, the West Palm Beach VA Medical Center provides a coordinated set of homeless services programs funded through the Office of Mental Health Services in Veterans Health Administration. Although these efforts encompass a number of specialized programs, the core program involves outreach to severely mentally ill veterans who are not currently patients at V A medical centers, linkage with services such as V A clinical programs, contracted residential treatment in community-based halfway houses and supported housing arrangements in transitional or permanent apartments, and treatment and rehabilitation provided directly by program staff. The outreach team is composed of a Social Worker and a Physician Assistant, who spend approximately 75% of their time performing community outreach services to the West Palm Beach VA catchment area with a goal to primarily engage homeless veterans into treatment services at the Center, but who are also capable of evaluating and providing care for psychosocial, medical, mental health, and substance abuse issues. Law Enforcement Law enforcement officers are all too often the first point of contact with a homeless individual. In many cases, homeless individuals enter the homeless service system due to an encounter with law enforcement related to minor crimes such as public drunkenness, loitering, trespassing or petty theft. This is especially true of homeless individuals with substance abuse addictions and/or mental illnesses. In Palm Beach County, the interaction between law enforcement and the homeless is complicated by the TEN- YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 30 fact that there are more than two dozen local law enforcement agencies due to the County's numerous municipalities, and that the policies regarding how to deal with these encounters varies from agency to agency. Generally, officers that encounter homeless individuals first attempt to confirm their identity, check for outstanding warrants and then, depending on the policy of the individual agency, will attempt to link the individual with the appropriate homeless services. Example: Officers of the Palm Beach County Sheriffs Office who encounter homeless individuals complete a Field Interview Report (FIR) and enter the contact into a database. When arrests do occur, homeless individuals arrestedfor minor offenses are generally jailed overnight and released by a judge following morning arraignment. In the central County, a new programfor minor offenders provides notices to appear at a special court at the Westgate Criminal Justice Service Center. This new program is designed to divert minor offenders from the regular court system, allows for access to services, andfocuses on rehabilitation and community service as punishment in lieu of detention. SUPPORTIVE SERVICES Fundamental to one's ability to overcome a situation of homelessness and move toward self-sufficiency is access to supportive services. Placing a person in some form of housing without providing the tools and resources necessary to maintain one's independence most often results in the individual once again returning to the homeless population. In many cases, supportive services address the underlying issue or set of issues which led to an individual's initial homeless situation. These services are critical to both attaining and maintaining long-term independence. Case Mana~ement Each homeless individual is exactly that - an individual. Therefore, the circumstances that led to his or her situation of homelessness and the services that are needed to move him or her back toward independence are situationally unique. Case management ensures that the appropriate plan for a person's situation is formed and implemented. Comprehensive case management consists of arranging, coordinating, monitoring, evaluating, and advocating for a package of multiple services to meet the specific individual or family's complex needs. It requires establishing a trusting and caring relationship with the homeless and includes linking the person with systems that provide necessary services, resources, and opportunities. Case management services often include crisis intervention, short-term stabilization, needs assessments, assistance with application and receipt of supportive services, and an individualized housing plan. Example: Families First of Palm Beach County is an organization serving homeless children andfamilies that has been recognized for it successful case management method provided through a series of actions and a process to assure that clients receive the services, treatment, care and opportunities to which they are entitled. Their method restores the client to a state of equilibrium, that is, ideally to a state where the client can arrangefor his or her own care through the existing health and social services institutions of the community. To ensure success, the organization's case management system offers more than procedures and a general process for coordinating services, it is grounded in a philosophy that delineates the relationships between clients and workers and between clients and the systems. It is grounded in a philosophy of how and why agencies should and can work together for the benefit of clients. The eight basic case managementfunctions provided are client identification and outreach, individual assessment and diagnosis, service planning and resource identification, linking client to needed services, service implementation and coordination, monitoring service delivery, advocacy and evaluation. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 3 ] ~~~, ---------.- - .~ - ~~~ - - Life Skills Many of us take for granted our grasp of the daily living skills that we repeatedly and sometimes unconsciously perform. It is the learning of these necessary life lessons, acquired by most during adolescence, that many homeless individuals require in order to build their self-esteem, manage anger, understand the importance of education and need for personal hygiene. This everyday information allows individuals to make healthy choices and adds value to life. A lack of life skills is a particular problem for homeless youth, for whom disruptive events such as the death of a parent, imprisonment, chemical abuse, psychiatric disorders, victimization, poor social support, or prior history of homelessness often prevent them from learning this practical knowledge, increasing their risk of ending up on the streets. Example: Operation JumpStart, provided by The Lord's Place, utilizes a "low demand" model in its provision of services. Operation JumpStart is an eight-week day program for chronically homeless men with no more than 12 participants at any given time. This smaller group allows for more intensive interaction with the Case Manager. Through daily groups and one-on-one sessions, participants have an opportunity to address the issues that have caused their homelessness and also gain insight into their previous reluctance to address those issues. When participants gain this insight they begin to engage in activities that will create a meaningful change rather than just checking off items on a goal plan to satisfy a Case Manager. A strong social skills training component addresses the basic premise that homeless participants lack the basic skills necessary in dealing with work,Jamily, and interpersonal relationships, as well as in dealing with their own emotions. Thus they benefitfrom skills training in communications, anger management, conflict resolution, assertiveness, relaxation, expressing feelings constructively. Alcohol/Drug Abuse Substance abuse is a leading factor in an individual's probability of becoming chronically homeless, meaning they have either been continuously homeless for a year or have had at least four episodes ofhomelessness in the past three years. Breaking an addiction is not an easy feat for even the most stable and secure of individuals. The stresses added by the condition ofhomelessness generally exacerbate the problem, causing the road toward recovery to become nearly impossible to adhere. To further complicate the issue, most shelters will not allow intoxicated individuals into their general populations for both safety reasons and in an effort to avoid jeopardizing the comfort levels of the other residents. Overcoming alcoholism or a drug abuse problem is not an act that many individuals have the will power to perform without a strong support system. As many chronically homeless have no "family" to speak of, the support networks and treatment services provided by service providers are critical to their recovery. Example: Comprehensive Alcoholism Rehabilitation Programs, more commonly known as CARP, Inc., provides a triage program that assesses the immediate needs of homeless substance abusers and offers medical detoxification beds and a residential treatment program in addition to its outpatient treatment programs. CARP's professional treatment strategies assist clients in achieving abstinence, enhancing life skills, and learning to prevent relapse to maintain recovery with the use of social supports. Methods of treatment include individual, group,Jamily counseling and educational groups. Guidelinesfor treatment are based on the practices of honesty, open-mindedness, willingness and responsibility. Attendance at 12- step, self-help meetings in the community and Parent and Family Support Group meetings is greatly encouraged. All of CARP's services are private and corifidential. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 32 Mental Health Counseling Estimates show that approximately 20-25 percent of the single adult homeless population suffers from some form of severe and persistent mental illness. Having a mental disorder may lead to homelessness when handling selfcare, household management and interpersonal relationships is too much for an individual to bear. Mentally ill homeless often fall into the category of the chronically homeless, as their conditions tend to cause them to remain homeless for longer periods of time. Homeless individuals with mental disorders have more difficulty finding and maintaining employment, tend to be in poor physical health, and have more contact with the legal system than those without. With ongoing treatment and rehabilitation services, most individuals with mental disorders have no need for hospitalization or long-term institutional care. When access to the appropriate combination of services such as medication management, daily activity, regular therapy and supportive housing is available, individuals who suffer from any degree of mental illness can often avoid homelessness or a return to homelessness. Example: The Oakwood Center of the Palm Beaches provides the high-quality clinical services of its professionally-trained staff to assist those struggling with depression, anxiety, severe and persistent mental illness, acute psychotic conditions and other behavioral disorders. These services help individuals to restore and maintain their productive lives in the community, in the shortest possible time, and in the least restrictive environment. The mission of the Center is to help clients build resiliency,jacilitate recovery and achieve reintegration into the community by designing and delivering behavioral health care services that meet their needs and expectations. To that end, staffworks in conjunction with other community resources to assist individuals and families to strengthen and promote healthy development. Respectfor personal dignity and the right to privacy, confidentiality and safety are of the utmost concern, as is the provision of excellent, competently delivered, evidence-based, affordable care. Healthcare Access to comprehensive, quality and affordable health care is believed by many to be a basic human right. The high cost of health care is an issue at the forefront of government policy today, an issue that affects nearly every American. Today most insured people receive primary care through visits to their "medical home" provider, usually a family practice physician, an internist, a pediatrician, or an obstetrician/gynecologist who they see at least once a year for a physical or other basic, ongoing health care. More than 45 million Americans, however, have no health care insurance, a figure that includes nearly one third of the population living in poverty. People who are homeless often lose a connection to a medical home, either because they themselves become more transient or because they lack health insurance and cannot find an affordable provider of care. People who lose connections to medical homes are at risk of becoming sicker, because they do not recognize or cannot afford to manage chronic health conditions when they are at their earliest, most easily treatable stages. These conditions most commonly include diabetes, hypertension, mental illness, and asthma, all of which are commonly manageable with proper and regular treatment regiments, but when left untreated, lead to costlier care. Individuals without proper housing are at higher risk for health issues caused by exposure to severe weather, malnutrition and a lack of good personal hygiene. Violence against the homeless - muggings, beatings and rape - is also a rising problem in the U.S., and long-term sustained injuries among victims often occurs when immediate treatment and necessary therapy is not received. The federal government has recognized the issues related to insufficient healthcare for the homeless, and has moved to address them, by offering homeless health care grants to Federally Qualified Health Centers. Coordination of health and mental health, and primary/secondary/tertiary TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 33 ~~~-- ,------- --- -- . care, are critical to managing the health care needs of people who are homeless, yet is exceptionally challenging in this population. Example: The Health Care District of Palm Beach County ensures access to a comprehensive healthcare systemfor all Palm Beach County residents by providing lifesaving trauma services and health coverage for uninsured residents. In 2007, the Health Care District reported that 3,077 homeless individuals utilized its health coverage programs, including 111 patients treated by the trauma system. The Health Care District's partnership with Palm Beach County Public Schools ensures the placement of at least one registered nurse in each of the 170 area schools, ensuring that the County's child population receives adequate health care independent of their income status. HIV / AIDS Despite the intensity of public awareness campaigns over the last 20+ years, the stigma and fear associated with the HIV / AIDS epidemic is still prevalent in our society. The risk of losing one's job due to discrimination or because of fatigue and periodic - hospitalization, and the subsequent loss of one's ability to pay housing costs, remains a serious concern among the population of those living with HIV / AIDS. The exorbitant cost of treatment, especially for the uninsured or underinsured, only increases one's risk of becoming homeless. Among the population of those already experiencing homelessness, HIV / AIDS continues to be a growing epidemic, especially among the chronically homeless, where mental illness and substance abuse often lead to the transmission of disease through unprotected sex and the shared use of needles. A survey conducted in the Washington, D.C. area in 2003 showed that the presence ofHIV among the homeless population is at least three times higher than the general population - 3.4 percent versus one percent, and is as high as 62 percent among homeless sub- populations. 27 Example: Comprehensive AIDS Program of Palm Beach County, Inc., or CAP, operates with a mission to provide and promote education, advocacy, and compassion to individuals andfamilies infected and affected by HJV/AIDS in Palm Beach County. In addition to offering free HJV testing and HJV prevention services, CAP provides individualized case management services to HJV-positive Florida residents who meet income requirements detennined by the Florida Department of Health. Confidential services include referrals to funding assistance, transportation assistance, residential and outpatient substance abuse treatment services and mental health treatment in addition to medical care. Education Pursuing a higher level of education is not an easy task for a homeless individual or one facing the risk of becoming homeless. When an individual is working multiple jobs in order to feed his or her family, education becomes a low priority, as most are simply trying to survive. The ability to find time to attend classes or study or to save the funds to pay for tuition, fees and books is nearly impossible. Ironically, in today's economy, accessing educational opportunities is an essential ingredient in working one's way out of poverty. AE, a group, the homeless population tends to be poorly educated. More than half of today's homeless population lacks a high school diploma.28 By accessing new educational opportunities including those that teach literacy, parenting and vocational skills, homeless individuals and those attempting to avoid homelessness by working their 27 Song, John. "AIDS Housing Survey." AIDS Housing of Washington. Spring 2003. 28 Levitan, Sar A., and Susan Schillmoeller. "The Paradox of Homelessness in America." Center for Social Policy Studies, George Washington University. January 1991. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 34 way out of poverty, are able to increase their level of employability and many times locate and attain jobs that dramatically improve their quality oflife. Example: Thejour Prosperity Centers operated by United Way of Palm Beach County provide a variety of financial counseling and education programs to assist working families and low-income residents in moving toward greater economic stability, higher earnings and home ownership. Programs help residents learn how to obtain a better job, earn their G.E.D., receive educational and vocational planning services, college placement, andfinancial aid. A partnership with WorJiforce Alliance offers classes that teachjob preparedness skills including upgrading their reading comprehension. writing, business math, business tools, customer service, and general business practices. Emuloyment For those without a job, making one's way out of the cycle of homelessness is virtually impossible. Many homeless individuals have limited skills or experience, which _ minimizes their opportunity for finding and attaining employment opportunities that pay a living wage. Additionally, transportation barriers, insufficient child care and disabling conditions increase the difficulty of this challenge for many homeless individuals. Service providers that offer job training, referral and job locator services help link job seekers with employment that is accessible and suitable to their skill set. Example: Gulfstream Goodwill Industries serves the community by assisting people with disabilities and other barriers to employment to become self-sufficient, working members of our community. The organization's extensive employment services include vocational evaluations, community based situational assessments, job analysis, employment search strategies, work adjustment training. job placement and supported employment. Child Care The lack of affordable and accessible child care is a major barrier in retaining employment for the working poor, particularly among single mothers with young children who have not yet reached school age. It is not uncommon for suitable and dependable child care to be the second highest household expense next to housing itself. For parents with no available options for child care, many are forced to leave jobs or turn down potential employment because they have no means of caring for their children while at work. Example: Head Start is a program of the U.S. Department of Health and Human Services that helps to create healthy development in children from low-incomejamilies. Head Start programs are offered in multiple municipalities throughout Palm Beach County (Belle Glade, Boca Raton, Boynton Beach. Delray Beach, Jupiter, Lake Worth, Pahokee, Riviera Beach, South Bay, West Palm Beach), providing comprehensive education, health, nutrition, and parent involvement services to those meeting the income requirements upon which eligibility is based. Created in 1965, Head Start is the longest-running program focused on providing services that aim to end the cycle of poverty in the U.S. Transportation For the working poor, owning and maintaining a working vehicle is a luxury. In addition to the cost of the vehicle, high auto insurance rates and the rising cost of fuel may prevent the owner from being able to afford to drive from points A to B. In June of this year, the average cost of a gallon of gas surpassed the $4 mark. The cost to fill a 20- gallon tankaf gas now costs $14 more than just one year ago. Many homeless and those TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 35 - ~--._..._._ ____~__~__ __.n ~~- --~- facing the threat of homelessness are limited to using public transportation. While public transportation is, in theory, an affordable alternative, the considerable costs to build rail lines, operate bus systems and to fuel these modes of transport are passed on to the consumer. Even at the modest fees charged, public transportation is a considerable expense for many. Multiple service providers throughout the County provide transportation vouchers for taxi cabs, trains and buses. Example: Palm Tran, the public transportation system of Palm Beach County provides its CONNECTION service through its Americans with Disabilities Act (ADA), Division of Senior Services (DOSS) and Transportation Disadvantaged (TD) Programs. Though Palm Tran offers an extensive transportation network, CONNECTION extends this network beyond its fixed route system, increasing the accessibility of its services. Additionally, Palm Tran offers a Fare Subsidy Program to those meeting income level requirements and bus passes that are distributed to the homeless by service providers throughout the community. In addition to the examples provided above, the following Continuum of Care participants offer programs in each of the previously-described service areas: Adopt A Family of the Palm Beaches -vi vi vi vi vi -vi vi vi vi vi -vi vi Adult Day Habilitation -vi Aid to Victims of Domestic Abuse (A VDA) vi vi vi American Red Cross vi vi Boca Helping Hands vi Boynton Beach Head Start vi Care Ministry vi Catholic Charities vi vi vi vi Center for Family Services vi vi vi Children's Home Society vi vi vi vi vi vi vi Children's Place at Home Safe vi Coalition for Independent Living Options (CILO) vi vi vi vi vi vi Columbia Hospital vi vi Community Action Program -vi TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 36 I Community Child Care Center of Delray Beach . ---~--~-~~-- -,-=tt I 'I I I Vi I I I I -- Compass , I I I : v : \ IComprehensive AIDS Program (CAP) I I ,,-- YI I I V' \' Comprehensive Alcoholism Rehab Program : II I i Ii... I i -- V I vii v I I I -+ ! I I I I .' I CROS Ministries ! I ! ' \' i i I i -t~~._- Delray Beach Head Start I j : I v' I ! I Y: ',II I I Drug Abuse Foundation , I Drug Abuse Treatment Association (DATA) : , I ! Y I , \ I I I Experience Works ! I i I ' I I -- I i j v'+t_~ Faith, Hope, Love, Charity, Inc. ! , : : y i YI Y! Y: v' !Y I , I I Families First I I I j ! I I ! 'v v ! i \ I -..- I __I IFamily Central Vi iFarmworker Coordinating Council y' -.----- Florida Housing Corporation Y V \ Florida Resource Center for Women and Children Iy Y Gratitude Guild Y Guatamalan Maya Center i Gulfstream Goodwill Y Y Iy Haitian Center for Family Services Health Care District of Palm Beach County Y Healthy Solutions Resource Center Y Y HIV Care Council Homeless Emergency Assessment Center (CARP) Y Hope House Y Housing Partnership Y vi Y y Jeff Industries : I i , I ! v/ \' , I I I ; : ---i-__~-L '---+-------1- --J.-.-'--+-~-'-r-- Lake Worth Head Start I' ' .../ I ~ -------,----------~~ ----- Learning Together Center of Pahokee I I Y ---1 i --.,.- --- Legal Aid Society YI ! Y I ---1---- I I ~--~-_...- IMaternal Child Health I I Y I I i I v' ~.- --..'. Oakwood Center of the Palm Beaches y! vii y! v Vi \' I vii y I I Operation Hope \ i I ~ -.-,.- Palm Beach County Division of Human Services and Veterans Services v y v' V \. , IPalm Beach Literacy Coalition v i I +-- !Palm Beach Sheriffs Office v': ! i I I- +-i I , Parent Child Center YI r I i I I j--+-- -_.,-- I Ruth Rales Jewish Family Services I 1St. Anna Center i I \. I i~t~ -' I I !St. George's Center _J____~------'--_ "!"_,_"."__"L___~ \. -~--- TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 37 --_.__.._---_.__._--~-------------------- _"___..__..._...___._.__....________._._.__..._._m"_ ...__.____ .".. m.__._."_.__...."____~."....__._m_m_.~__.".._...~...__..__.._.__.._...m.m m_' ..~....._._...__._m_"_"_m..."".__..___.___._~..._m_.__.__._m___"...___..._......____.__.._."_._.......___.______..____" St. Mary's Medical Center Y Y Salvation Army Y Y Y Y Y Y Y Y Y Y Seagull Industries Y Y South County Mental Health Center Y Y Y Y Y The Lord's Place Y Y Y Y Y Y Y Y Y Y Y Y United Fellowship for the Needy Y United Way Prosperity Centers Y Urban League Y V A Medical Center Y Y Y Y Y Y Vickers House Y Y Y We Promise To Care Y West Palm Beach Coordination Services Network Y Western Palm Beach County Mental Health Y Y Workforce Development Y YWCA Y Y Y Y Y Y HOUSING The housing philosophy used by the Continuum of Care model focuses on passing through the emergency shelter, transitional and permanent supportive housing system on one's way toward self-sufficiency. The Palm Beach County Continuum of Care currently operates under this system with a network of service providers who provide various forms of temporary and/or permanent housing for specific sub-populations of the homeless community. Most of these providers cater to either single individuals or to families, but shelters for specific sub-populations, such as homeless veterans or victims of domestic abuse are the focus of organizations that are able to fully understand the unique qualities and needs of these populations. Emergencv Shelter There are currently fourteen Continuum of Care facilities that operate as emergency shelters. These facilities provide overnight sleeping accommodations, providing safe and short-term shelter - anywhere from one night to as long as three months - as an alternative to living on the streets. These following facilities provide 194 beds designated for individuals and 226 beds designated for families, for a total of 420 emergency shelter beds, all of which are available year-round: AVDA Phoenix House CARP's Homeless Assessment Center Program Reach Families First Project Home Harmony House Rebirth House Family Interim Program Recovery Center Florida Resource Center for Women and Children Safe Harbor Palm Beach County Human Services Stand Down House TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 38 Transitional Housing Eleven Continuum of Care facilities provide transitional housing for those on the path toward gaining independence. Transitional housing generally provides temporary, but longer-term housing linked with supportive services to help their residents develop the skills necessary to be successful once placed in an independent living situation. The following facilities provide 177 beds designated for individuals and 110 beds designated for families, for a total of 287 transitional housing beds, all of which are available year- round: A VDA's Transitional Housing Project Success Center of Hope Recovery Village Crossroads Stand Down House Harmony House West Transitions Home Phoenix House Turtle Nest Village Phoenix II Permanent SupDortive Housing Sixteen Continuum of Care facilities provide permanent supportive housing for those who have completed supportive services programs in preparation for permanent placement. Permanent supportive housing is long-term community-based housing, most often for persons with mental illness or disabilities, which is often subsidized to ensure that residents have to commit no more than 30 percent of their income toward housing costs. The following facilities provide 259 beds designated for individuals and 227 beds designated for families, for a total of 486 permanent supportive housing beds, all of which are available year-round: Celtic Apartments Project Safe Flagler Project Project Succeed I Haven House Project Succeed II Joshua House Project Succeed III Operation Home-Ready Project Succeed IV Project Family Care Rebirth House Project Home Serenity House II Project Home II St. Charles Place "GAPS" IN SERVICES Despite Palm Beach County's extensive provision of services outlined above, shortfalls in providing a comprehensive array of services in order to fully address the identified need are obvious. It is not that such services are not available, but that the extent to which they are offered is limited, inadequate to suit the number of individuals in need. The series of service providers meetings that provided the groundwork for this Plan carefully studied the services currently offered and identified the following "gaps" in services that will be addressed by the implementation of this Plan: INADEQUATE NUMBER OF BEDS As described previously, the Palm Beach County Continuum of Care network provides emergency shelter, transitional and permanent supportive housing through a number of TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 39 ~_ _..____~___~_"________,.u___ _..._ facilities geographically dispersed throughout the County. The limited availability of space in each facility, and the limited funding available to support the overhead required for their existence, however, directly affects the number of available beds. At present, this number is painfully inadequate when compared with demand. An analysis performed based upon nightly usage and bed availability shows that the County needs an additional 24 emergency shelter beds to fulfill the current need. The unmet need for transitional housing beds is significantly greater. The emergency shelter system is sometimes considered a "rotating door." The short-term nature of these shelters, coupled with the lack of available transitional housing, unfortunately results in many homeless individuals returning to the streets rather than moving forward through the system toward independence. Currently, the unmet need for transitional housing in Palm Beach County is approximately 581 beds. If this unmet need were filled, the percentage of individuals who could be provided with long-term but still temporary (generally up to two years) shelter would significantly increase, giving more homeless individuals the stability required while they access supportive services that allow them to prepare for permanent placement. The unmet need for permanent supportive housing beds is also exceptionally high, approximately 70 family units with 233 family beds and 301 beds for individuals. The linkage between emergency shelter, transitional and permanent supportive housing and the progression through this system for those on their way toward independence necessitates that an adequate supply of beds is available in each level. The logical goal is for the County to have the capacity to offer a bed to every homeless individual in facilities that are suitable to the specific needs of that individual on any given night. CHILD CARE FOR THE WORKING POOR The average annual cost for child care for a baby or toddler in Florida is $7,336, or $611 a month. The average annual cost for child care for a pre-schooler is generally lower due to a lesser need for hands-on care, $5,871, or $489 a month in Florida.29 For low-income families, paying such rates is simply not an option. With approximately 89.450 children under the age of six living in Palm Beach County, and with approximately 16.3 percent of the total population living below the poverty level, it can be deduced that more than 14,000 children who have not yet reached school age live below the poverty level in Palm Beach County. That is 14,000 children whose parents may be struggling to access affordable and quality child care. The Early Learning Coalition of Palm Beach County offers a subsidized child care program that works to address this need. As of June 2008, however, the program's waiting list included 5,659 qualified children. In addition to the obvious financial barrier, children of homeless families often have special needs as a result of the emotional impact of their situation of homelessness. Beyond the need for simple babysitting services during working hours, parents of homeless children are best served by utilizing child care programs with staffs that are knowledgeable, sympathetic, and equipped to address the challenges that these children may face as a result of being exposed to trauma, domestic violence, poverty or substance abuse. Such exposure can lead to developmental delays, emotional outbursts or learning disorders that are best served in a child care program that provides a safe, nurturing and 29 National Association of Child Care Resource and Referral Agencies. "2007 Price of Child Care." March 2008. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 40 therapeutic environment while providing these children with the skills necessary to succeed upon entering school. LACK OF SPECIALIZED SERVICES VVhen addressing a problem as broad as homelessness, the resources of most organizations are drained by serving the general homeless population. VVhen sub- populations require specialized services, the expense of administering such services prevents their widespread availability. VVhile the County's service providers have been successful at separating and addressing the needs of individuals versus families, more exclusive sub-populations remain underserved. The deficit in emergency shelters that cater to specific sub-populations is a particular problem, as the highly specialized training required by the employees who staff such facilities is difficult to fund with limited financial resources. Medical Respite/Recuperative Care The continuous rise in the cost of health care in this country has led to a significant decrease in the length of hospital stays - due in part to a shift in focus from inpatient to outpatient medical procedures. This shift has passed responsibility for basic recovery care on to friends and family. This reliance on home recuperation is not an option for most homeless individuals. Even those who are able to utilize an emergency shelter are often faced with limits of stay or daytime closures which put the sick or injured individual at risk of further medical complications due to exposure or absence of a comfortable place in which to rest. Additionally, many homeless are often discharged with prescriptions for medications vital to their recovery, which they are unable to afford. Medical respite/recuperative care facilities provide shelter for homeless individuals who are not sick enough to remain in a hospital, but are still in need of a safe and clean place to recover. These 24-hour shelters are staffed by doctors, nurses, mental health professionals and pharmacists who can provide the specialized recuperative or convalescent services necessary to ensure an individual's full recovery. Damp Shelters Intoxicated individuals are not allowed into the general population at most emergency shelters in order to protect the safety and comfort level of other shelter users. The high percentage of substance abusers among the homeless population means that many homeless individuals are turned away each night, only to return to the streets or end up in jail. Damp shelters, which admit intoxicated individuals but do not allow alcohol consumption on the premises, offer a temporary refuge for individuals to "sober up" in a safe location. Over time, the utilization of such a facility broadens the awareness among those struggling with substance abuse issues about the resources available to assist in their recovery, and users often make the decision to take advantage of such recovery support services. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 41 -------- --- -- ~~ ~ ~_.~~~- CURRENTLY UNDERSERVED POPULATIONS Throughout the development of this Plan, service providers and members of the Homeless Advisory Board gave special care to identify sub-populations within the existing system of care for whom adequate services do not exist. Qualities specific to each of these sub-populations offer unique challenges that often prevent them from being accepted into and/or properly assisted by the system. The need to create new programs specific to the needs of these sub-populations requires funding above and beyond what is currently available. In Chapter Four: Goals and Acnon Step to Ending Homelessness in Palm Beach County, multiple references are made to "Underserved Populations." This label is given to the following sub-populations, who are intended to be targeted by the implementation of the Action Steps in which to term "Underserved Populations" is used: . Youth Under the Age of 18, Unaccompanied by an Adult . Youth Aging Out of Foster Care . Seniors . Prisoners Exiting Jail . Persons with Disabilities . Pregnant Women . Single Women Who Do Not Have Children . Veterans . Undocumented Individuals . People with Co-Occurring or Dual Needs YOUTH UNDER THE AGE OF 18, UNACCOMPANIED BY AN ADULT The sub-population of youth under the age of 18, sometimes referred to as "unaccompanied youth," consists primarily of runaways, with a large majority falling between the ages of 15 and 17.30 Youth who leave home often do so because of family problems such as physical and sexual abuse, substance abuse addiction of a parent, or parental neglect. Many homeless youth report that they were forced to leave because of their sexual identity - approximately six percent are gay, lesbian, bisexual or transgender, or because of an unplanned pregnancy - ten percent are pregnant girls. Many youth choose to leave the foster care system at a young age, and still some are separated from their families who are experiencing homelessness due to temporary shelter or child welfare policies. Because they are often too young to legally obtain a job, many homeless youth exchange sex for basic needs such as clothing and food, increasing the risk of contracting HIV / AIDS. The prevalence of emotional disorders such as anxiety or depression run high among this sub-population, and many homeless youth suffer from low self-esteem, poor health and malnutrition. Attending school is not always an option for homeless youth, who often face difficulties with enrollment because of legal guardianship and residency requirements. While this sub-population requires services similar to the adult population - life skills training, job training, health care, shelter - most homeless youth 30 Molino, A.C. "Characteristics of Help-Seeking Street Youth and Non-Street Youth." National Symposium on Homelessness Research. 2007. TEN- YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 42 benefit more definitively from programs geared specifically toward their peer group. where supportive services are age-appropriate and crafted in a way that is sensitive to the maturity level of these individuals. YOUTH AGING OUT OF FOSTER CARE According the U.S. Census Bureau, approximately 24,000 of the 500,000 children in the child welfare system reach the age of 18 each year. This sub-population is historically at higher risk of becoming homeless than their peers non-foster child peers. In fact, three in ten homeless adults report a history in the foster care system. 31 A study conducted by the National Association of Social Workers reported that one in five youth arriving at homeless shelters throughout the U.S. come directly from being discharged from the foster care system, and that one in four had been in foster care within the previous year. 32 These young adults, many of which have e:x.'perienced the emotional trauma of being "passed around" the foster care system in addition to having experienced the incident or situation that originally led them to be removed from their family, often demonstrate significant emotional disorders. In contrast to the 50 percent of young adults ages 18-24 in the general population who live at home with their parents, these young adults are left to begin their adult lives with no financial foundation, no support system, nor a place to live. The provision of housing and supportive services to assist this sub-population in their transition into adulthood, specifically from the ages of 18-24, is vital in preventing their becoming part of the homeless population. SENIORS Like the general homeless population, the primary reasons for homelessness among the elderly are a lack of affordable housing and an increase in poverty. Many housing assistance programs have shifted their focus to target this sub-population in recent years, however, waiting lists for affordable housing units reserved for elderly residents remain considerable. Though many homeless seniors are eligible for Supplemental Security Income (SSI), the maximum monthly SSI benefit in the State of Florida is $637, substantially below the poverty line. If one considers that housing costs should utilize less than 30 percent of one's monthly income, then many low-income seniors in Palm Beach County can theoretically afford a living space that is no more than $200 per month. Unfortunately, in contrast to much of the homeless population, income growth is not an option for most elderly individuals, as they have surpassed the age where they are able to work, their health status may not enable them to work, and they are unlikely to become married or enter into a dual income household. A rise out of poverty is not the answer, but increasing housing options can have a significant impact. In addition to the inability for low-income seniors or homeless seniors to access affordable housing, this sub-population faces challenges related to transportation, communication in the digital age, and access to affordable healthcare. Many seniors, 31 Roman, Nan P. and Phyllis Wolfe. "Web of Failure: The Relationship Between Foster Care and Homelessness." National Alliance to End Homelessness. April 1995. 32 Bass, Deborah. Heloine: Vulnerable Youths: Runawav and Homeless Adolescents in the United States. Washington, D.C.: NASW Press, 1992. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORlDA Page 43 -~-------------------_._------ - - __ _______________.______________n__ whether already homeless or facing the threat of homelessness, are unaware of their eligibility for public assistance and the availability of supportive services or are overwhelmed by the complex system through which they must navigate to access such support. The primary goal when addressing the senior population is prevention of the loss of housing. By providing more affordable and accessible housing that targets this sub-population, and by implementing outreach campaigns that promote the availability of supportive services, this goal is attainable. PRISONERS EXITING JAIL In 2002, more than 600,000 prisoners were released from state and federal prisons across the country, and another 10 million were released from local jails. 33 A study of prisoners released from New York State prisons between 1995 and 1998 found that more than 11 percent of these individuals entered a homeless shelter within two years of their release, more than half of them during the first month.34 Conversely, a report by the Interagency Council on Homelessness states that 18 percent of the homeless population has spent some period of time in a state or federal prison,35 and a separate study of re-incarcerated parolees reported the individual having been homeless at the time of their arrest.36 Ongoing debate regarding with whom the responsibility of prisoner reentry lies - government agencies or community organizations - only exacerbates the issue. Most ex-prisoners returning to the community are able to stay with friends or family in the days immediately following their release. When looking for permanent housing, however, these individuals are confronted with multiple barriers. For many, incarceration for any extended length of time means that they have had no income, and therefore have no savings with which to pay deposits for housing, which sometime require first and last months' rents. Their involvement in the criminal justice system often prevents communities from allowing them to become residents based on a fear of re-offense and a desire to maintain safety among the community. For many, criminal justice policies and terms of their parole limit their housing options further, as they are restricted from living with individuals with criminal records, at the site of the offense for which they were incarcerated, or with known substance abusers. Additionally, ex- prisoners often become ineligible for federally subsidized housing and Section 8 programs, food stamps, veterans or Temporary Assistance for Needy Families (TANF) program benefits. Due to continuously decreasing funding for supplemental programs in the criminal justice system such as education and drug treatment, prisoners released today face significant challenges related to reintegration. Programs that provide immediate transitional housing, combined with pre-release counseling and planning services for those exiting prison are essential. 33 Beck, Allen J., Jennifer C. Karberg and Paige M. Harrison. "Prison and Jail Inmates at Midyear 2001." Washington, DC: Bureau of Justice Statistics. Apri12002. 34 Metraux, Stephen and Dennis P. Culhane. "Homeless Shelter Use and Reincarceration Following Prison Release: Assessing the Risk." Criminolo~ & Public Poli<<y. 2004. 35 Hughes, Timothy A., Doris James Wilson, and Allen J. Beck. "Trends in State Parole, 1990-2000." U.S. Department of Justice, Bureau of Justice Statistics. October 2001. 36 Butterfield, Fox. "Often, Parole is One Stop on the Way Back to Prison." The New York Times. November 29, 2000. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 44 PERSONS "WITH DISABILITIES The U.S. Census Bureau reports that 173,425, or 14.6 percent of Palm Beach County's population has one or more disabilities. Public awareness campaigns and enforcement of the Americans with Disabilities Act (ADA) has, in recent years, significantly increased employment opportunities for the disabled population. Despite the fact that 41.9 percent of Palm Beach County's disabled population of working age (16-64 years) is employed, the percentage of this population living below the poverty level is significantly higher - 13.9 percent - than the 9-4 percent rate of poverty among the general population in the County. Similarly to the senior population, many members of this sub-population live on a modest fixed income from either Supplemental Security Income (SS1) or Social Security Disability Insurance (SSDI). Persons with disabilities, however, face additional complications related to applying for such benefits, as their receipt is not based upon the fixed characteristic of age, as with the senior population, but a more subjective set of criteria for disability determination. For persons with disabilities who are awaiting benefits, a lack of income during the interim may force them into situations of homelessness. Every state is provided the option to apply for interim payment funding from the Social Security Administration for its disabled residents. The State of Florida, however, has opted not to apply for these funds, which would provide ternporary cash assistance to individuals with a pending Social Security claim. Local programs provide limited assistance for individuals in such circumstances, but because the time involved in applying and securing Social Security benefits is often lengthy, programs often find it more cost effective to pay for Assisted Living Facilities for these individuals rather than assisting them in remaining in their homes. The need to meet ADA requirements and provide ADA accommodations for homeless individuals who are disabled cause additional strains on homeless services providers. Emergency shelters, transitional and permanent supportive housing options for physically disabled individuals must often be located on a ground floor and retrofitted for accessibility, and the availability of sign language interpreters and large print/braille materials are necessary at every stage of a hearing or vision impaired individual's journey from homelessness to self-sufficiency, particularly during the intake process, when these individuals feel most vulnerable. Adequate funding for ADA accommodations is a necessity in addressing the needs of this sub-population. PREGNANT WOMEN Pregnancy is unarguably one of the most critical periods of a woman's life. The need for adequate shelter, access to prenatal care, and a solid support system is crucial for the health and wellbeing of both mother and baby. Homeless women have low birth rate babies at higher rates than other women. Infants of homeless mothers require special care immediately after birth four times as often as other newborns, and homeless babies collectively demonstrate slower physical and cognitive development than other children.3? Programs that provide transportation to appointments, provide counseling and support related to domestic violence, assist with legal issues related to child custody, 37 Health Care for the Homeless Clinicians. "Pregnant and Homeless, Healing Hands." Volume 5, Number 4. August 2001. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 45 ~_ .~.u.____._n__.___~__ .. educate new mothers about the importance of prenatal care and good nutrition and assist them in accessing prenatal health care are vital to this sub-population. In a 2001 publication of the Health Care for the Homeless Clinicians' Network, it was reported that 8 percent of homeless women under the age of 50 report being pregnant at any given time. Unfortunately, under current shelter system guidelines, an unaccompanied pregnant woman is not considered a family, but single, and is often limited to living in the shelter's general population. Additionally, many shelters do not have the resources to address specific needs of pregnant women, who could also benefit from the feeling of community often more prevalent in a family shelter environment. SINGLE WOMEN 'WHO DO NOT HA VB CHILDREN Single men comprise 51 percent of the total homeless population in the U.S. while single women comprise only 17 percent. 38 Partially due to the risk factors associated with women sleeping on the streets and therefore the limited plainly observable number of homeless women, the public's perception of the size of this sub-population is not consistent with reality. When considering the circumstances that cause a single woman to be homeless, domestic violence and substance abuse are leading factors. Facilities that provide services specific to these sub-populations exist throughout Palm Beach County, but often have stringent rules regarding who may access their shelter beds, which are often filled to capacity. For single women who are not immediately fleeing a batterer or find themselves homeless due to factors such as financial circumstances or medical conditions, the availability of emergency and transitional housing is minimal, as family shelters serve only adults accompanied by children, and most shelters that accept single individuals cater to the larger male population. The deficiency in shelter beds designated for single women without children is not only a growing issue in Palm Beach County, but recognized nation-wide. VETERANS According to the National Coalition for Homeless Veterans, 200,000 veterans are homeless on any given night and approximately 400,000 veterans experience homelessness over the course of a year. It is estimated that nearly 24 percent of the homeless population are veterans.39 In contrast to popular belief, despite the disproportionate number of veterans represented in the homeless population - 40 percent of the adult male homeless population compared to 34 percent in the general adult male population - there is no clear evidence that directly links military combat experience to homelessness. As a matter of fact, statistics show that homeless veterans are less likely to have served in combat.40 The perception that Vietnam veterans make up the majority of homeless veterans is also false. Veterans oflate Vietnam and post- Vietnam era are more significantly represented among the current homeless population, and also demonstrate higher incidences of mental illness and addictions.41 In recent 38 The United States Conference of Mayors. "Status Report." 39 National Coalition for Homeless Veterans. <http://www.nchv.orgfbackground.cfm >. 40 Rosenheck, Robert et al. "Homeless Veterans." Homelessness in America. National Coalition for the Homeless. 1996. 41 Rosenheck. "Homeless Veterans." TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 46 years the increase in the number of female homeless veterans has significantly increased, representing approximately four percent of this sub-population. Female veterans are less likely than their male counterparts to have substance abuse issues but are more likely to be unemployed and to have mental health issues. Theoretically, the needs of homeless non-disabled veterans are the same as their non- disabled, non-veteran counterparts. Programs that recognize and acknowledge veterans' service, however, tend to show higher levels of success among those attempting to obtain stable housing. Programs that integrate supportive mental health and medical treatment for this sub-population are also necessities. The need to create programs that address the special needs of female veterans is a new challenge for service providers that serve this sub-population, as the historical focus has been on male veterans. Supportive services targeted specifically toward veterans also assist individuals in accessing benefits provided by the Department of Veterans Affairs, which, in rnany cases, have a great impact on one's ability to exit a situation of homelessness. A new national program administered on the local level by the West Palrn Beach V A Medical Center entitled HUD-VASH (VA Supportive Housing) has allocated 105 Section 8 Vouchers specifically for Palm Beach County veterans to acquire permanent supportive housing. The provision of this modest number of vouchers, however, is only a start in assisting the County's veteran population. UNDOCUMENTED INDIVIDUALS The best available estimate of the number of undocumented individuals currently living in the U.S. is 9.3 million, representing 26 percent of the total foreign-born population. 42 Almost two-thirds of these individuals live in just six states - California, Texas, New York, Illinois, New Jersey and Florida, which is home to ten percent of the undocumented population. The percentage of documented immigrants in South Florida is higher than those without legal documents. Still, the concentration is high. Language barriers and fear of deportation are the primary reasons why undocumented individuals do not actively seek out services when facing a situation of hornelessness or trying to locate housing. Even when communication is not an issue because a service provider has a multi-lingual staff, it often remains difficult for staff members to earn the trust ofthese individuals. In many cases, time constraints offer an additional barrier, as many undocumented individuals are preoccupied with finding employment, or work long hours with unfair wages. Placing these individuals in affordable housing is especially challenging due to the fact that they are ineligible for many governrnent funded housing, health care and financial assistance programs. PEOPLE "WITH CO-OCCURRING OR DUAL NEEDS Many homeless individuals have what are considered "co-occurring needs" or "dual needs," meaning that they fall into multiple sub-population categories. This situation provides special challenges for service provision, as an organization that specializes in providing mental health treatment may not have the appropriate resources to assist a 42 Passel, Jeffrey S., Randolph Capps, Michael E. Fix. "Undocumented Immigrants: Facts and Figures. " January 12, 2004. TEN-YEAR PLAN TO END HOMELESS NESS IN PALM BEACH COUNTY. FLORIDA Page 47 ---~--~ ~--- -.---_._~_._---, ....__ ..... _n. ....__._.._............_...__............__.._..... .__...._..__...._ ..__m..m._....._____..._.__...._.____..............._____._...m_.._..__...__......._.____._._......_.......... m......._m...__...................._.__.....__._..._._.._._...._.....- woman who is also pregnant, or is not a legal resident. Collaboration efforts in order to provide cross-over services for homeless individuals and families between the multiple service providers in the Continuum of Care network are made whenever possible. The current system, however, does not always allow this to happen with ease. Case management becomes difficult when multiple agencies are assisting an individual without a single point of contact. For the homeless individual, a co-occurring needs status is particularly difficult. Managing multiple appointments, accessing transportation between facilities, and making decisions when advice or information given by multiple providers is conflicting can exponentially increase one's anxiety over an already stressful situation. An umbrella system of service management for those with co-occurring or dual needs is needed in order to streamline the use of valuable resources, eliminate duplication of services and ensure that the various needs related to each of an individual's multiple issues is being optimally met. THE IMPACf OF FAMILY HOMELESS NESS ON CHILDREN One of the fastest growing segments of the homeless population is families with children. In 1995, there were 98,452 homeless families in America.43 It is estimated that 1.35 million children in the U.S. are homeless, 42 percent of which are under the age of six. 44 In Palm Beach County, the School District estimates that it serves approximately 1, 400 homeless children, a figure that includes children in foster care awaiting placement. Households consisting of single mothers in their twenties are most common among homeless families.45 In Palm Beach County, 48 percent of the 12.2 percent of families who live below the poverty level consist of single mothers with children under the age of five.46 Women who have experienced domestic violence also make up a high proportion of homeless women with children. Approximately 63 percent of homeless women report having experienced domestic violence, and 40 percent report having been sexually abused, many for whom fleeing an abusive relationship is the reason for their entrance into the emergency shelter system. A national survey conducted in 2001 by the National Coalition Against Domestic Violence reported that half of all homeless women with children were escaping domestic violence.47 The increase in homelessness among families can also be attributed to the rise in both divorce rates and neighborhood violence. The experience of homelessness, for any period of time, can be devastating to a family, particularly to children. It may affect both the physical and mental health of family members, interrupt the education and affect the cognitive development of children, and sometime breaks up family units. Historically, parents in homeless families show higher rates of depression and attempts of suicide, which directly affects the emotional stability 43 National Alliance to End Homelessness. "Homelessness Counts." 2007. 44 The National Center on Family Homelessness. "The Characteristics and Needs of Families Experiencing Homelessness." April 2008. 4S Rog, Debra J., and John C. Buckner. "Homeless Families and Children." February 12,2007. 46 Children's Services Council of Palm Beach County. "State ofthe Child: Economic Indicators Report" 2008. 47 Zorza, Joan. "Woman Battering: A Major Cause of Homelessness." Clearinghouse Review. Volume 25, Number 4, 1991. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 48 of their children. Family members are often separated because of shelter policies that prohibit the mixing of male and female populations, because children are removed and placed into foster care, or because parents choose to place children in the homes of relatives or family friends to prevent the trauma that may come from an emergency shelter experience. Statistics that describe the affects of homelessness on children are shocking. Homeless children... . are twice as likely to experience hunger than other children; . experience illnesses twice as often as other children, including twice as many hospitalizations; . rely on hospital emergency room care as their single source of health care at a rate of 15 percent; . have directly witnessed acts of violence within their family at a rate of 25 percent; . among the preschool population, experience emotional problems serious enough to require professional care at a rate of 20 percent; . among school age children, suffer from anxiety, depression or other mental health issues at a rate of 47 percent, compared with 18 percent among other children; . are four times more likely to have developmental delays and twice as likely to have learning disabilities; . are twice as likely to repeat a grade; . move residences at least once a year at a rate of 97 percent, and . are separated from their families, either placed in foster care or placed with relatives or family friends, at a rate of 22 percent. 48 The number of homeless families is more difficult to assess than homeless individuals. Many families with no shelter of their own choose to live with friends or family, or "double up" with other families in lieu of entering the ernergency shelter system, and therefore are not included in homeless counts. Often, parents avoid accessing services due to a fear of being labeled a "bad parent" because of their inability to provide the basic needs of clothing, food and shelter, and a fear of having their children removed and placed into state custody. Most heads of household in homeless families are women, though dual-parent families and single male parents are not uncommon. The services provided by most family shelters, though similar to those provided for homeless individuals - housing assistance, access to health care, child care, job training, counseling - specialize in providing services that specifically address the needs of women and children. Providing a safe, nurturing, community-like environment is essential in providing a semblance of stability for children while their parents focus on their path toward renewed independence. BARRIERS TO SERVICE PROVISION In addition to the deficiency of affordable housing already described in detail, service providers in Palm Beach County lack the ability to sufficiently provide housing and 48 The National Center on Family Homelessness. "Characteristics." TEN- YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 49 --~-~_.._-------_._-_.~._._------------~-~._~--- - --~_..._._-----_._......__.._..._.._....._._._._--_........._..-.-.--...-.......-.......-..-..-.---.--.....--.........-.-.....-..-.--..-..._-_..._----_..._.~ supportive services to the homeless of our community for, among others, the following reasons: NEED FOR ADDITIONAL COORDINATION AMONG SERVICE PROVIDERS A significant impetus in creating this Plan was the recognition by service providers for a need for increased collaboration and coordination, not only in the provision of services, but in the solicitation of funds to support them. Service provider staff are passionate, dedicated and committed to making a difference in the lives of those they serve every day. They are, however, each working toward the common goal of ending homelessness. Though individual service provider organizations take great pride in their programs and the impact that they are able to have on reducing the number of homeless in the community, most staff members recognize that they often inadvertently work against each other, draining resources that could be used more effectively with enhanced coordination. The institution of the Palm Beach County Continuum of Care was a major step in streamlining the services of the County's service providers. This Plan, however, goes much further, outlining a more comprehensive evaluation of the effectiveness of existing services, which will promote the further development of programs proven to work for specific sub-populations. Such changes will reduce the duplication of services and therefore the use of valuable resources. Additionally, Action Steps such as developing universal intake procedures and combining CMIS and the navigator system are essential in meeting the need for constant improvement of the service delivery system in order to most effectively serve homeless and nearly-homeless constituencies. NOT IN MY BACK YARD (NIMBY) NIMBYism is a consistent phenomenon throughout the U.S., in urban, suburban and rural areas alike. The term - an acronym for Not In My Back Yard - refers to community opposition, most often from residents of a neighborhood in which a new development is proposed. It often refers to the development of public infrastructure projects such as airports, power plants and rail lines, but as the need to address affordable housing issues has moved to the forefront of many local government agendas, the power behind NIMBY opposition has become one of the most challenging barriers for service providers to overcome. NIMBYists cite harm to local businesses, a decline in property values, an increase in crime rates, and overcrowding of public schools as reasons that emergency shelters, transitional and permanent supportive housing, as well as new affordable housing should be placed "elsewhere." In fact, extensive research has been conducted that contradicts the perception that the presence of homeless-serving organizations and affordable housing developments cause an influx of undesirable effects. The Urban Institute's publication The Impacts ofSuppornve Housing on Neighborhoods and Neighbors states "There is no evidence of an increase in crime resulting from the introduction of affordable housing into a neighborhood. In fact, much of the affordable housing now being developed in inner cities and older neighborhoods replaces broken- down and crime-ridden buildings and can serve to reduce the neighborhood crime TEN- YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 50 rate."49 A horneless individual who was previously living on the streets, when utilizing the services provided by these organizations, will decrease his or her use of controlled substances and incidences of crime and spend less time roaming the streets. 'When homeless and low-income individuals are surrounded by clean, safe and supportive environments, increases in self-esteem and feelings of self-worth often lead to more rapid progress on their path to self-sufficiency. 'When faced with proposals for projects that serve homeless and low-income individuals and families, elected officials are often forced to make unpopular decisions. Proponents of a project sometimes claim that fear and prejudice are the underlying causes of NIMBY, which can exacerbate an already highly emotional debate. The contradiction between supporting the "politically correct" stance - providing fair housing for all - and confronting the NIMBY reactions can become highly political. Very unfortunately, officials who are presented with a clear case for need and take a position contrary to outspoken and determined NIMBYists may be committing political suicide. A variety of Action Steps outlined in this plan are anticipated to bring about strong NIMBY opposition, including the creation of new intake facilities, emergency shelters, transitional housing and affordable housing developments. This Plan seeks to approach the issue of NIMBY through extensive public awareness and outreach campaigns that not only educate the public regarding the extent of need but also about the positive results that can be achieved by implementing programs that have been proven effective in other communities. LIMITED FUNDING Homelessness has been consistently increasing in Palm Beach County. Despite an overwhelming increase in demand for services, however, service providers can no longer rely on historical funding sources that have been steadily decreasing. Though the federal budgets of both the Department of Housing and Urban Development and the Department of Health and Human Services - the two federal agencies through which most assistance for homeless and low-income populations are received - increased from FY07 to FY08 (9 percent and 15 percent, respectively), these seemingly large increases are deceiving. Though some programs did receive increases in funding, others were dramatically cut. This shifting of funds from one program to another simply pits one group of poor against another. In 2006, the Palm Beach County Continuum of Care received a total of $4,116,912, distributed among 16 projects operated by 13 organizations, through HUD's annual Continuum of Care funding process. In 2007, that number increased by only $172,451, distributed among 18 projects operated by 13 organizations. Nominal funding increases are simply not keeping up with the growing population of individuals in need of more affordable housing. Additionally, HUD programs do not fund cost-of-living increases; agencies struggle to meet ever increasing costs while attempting to maintain the same level of service to the same number of clients year after year. As non-profit organizations, most service providers in the County face a constant and overwhelming financial struggle year after year, despite the successes of their programs. 49U.S. Department of Housing and Urban Development. "The Impacts of Supportive Housing on Neighborhoods and Neighbors." April 2000. TEN- YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 51 -_.._---,---_._._-------~ - --- ~_.........._....._._..__...._--_.._.__.__..__..._.__..- ............... _..........-_..__._...--~........._.__..........._.__.__._.._-...---.-....-.......--....-....----...-..-....---....-....--...-......-.-...--..-..----.-......--.....-..-..---....-.....--..--..----.--...--.......-...-...-........--.-.. --..---.....-...------------.-.-...-.. Additionally, the institution and/or expansion of specialized services for the most needy, which are often expensive to provide, is forcibly and regrettably being unaddressed. This Plan outlines the need to identify new funding mechanisms, create new funding streams, and reallocate the distribution of existing funding sources for those programs that are most cost effective and successful at reducing homelessness. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 52 IMPLEMENTING THE PLAN _.._.._.__._..._.._._____.___...._.__._._.__.__..._ _..___.....__._._...__.__._m_____._____..__.._..._._._..._.____._....._.__.__.._._ mm.._.._...___...___._.____..____.__..______.___.______._...-..-....-.----.-.............--...---.-.--.-.___.___ _____.__ The Goals and Action Steps to Ending Homelessness in Palm Beach County outline a complex, but comprehensive strategy for addressing a monumental problem, the result of months of study, deliberation and collective decision-making. Though developed as a set of seven goals, three over-arching themes have emerged: Evaluation and Analysis, Advocacy, and Providing Adequate Levels of Service. Each of these themes are centered around the implementation of the Housing First methodology. HOUSING FIRST METHODOLOGY Like many communities before, Palm Beach County has adopted the Housing First methodology as its preferred approach to combating homelessness as we move forward, a methodology that is emphasized in this Plan by its focus on the creation of new affordable housing units. Over the last ten years, the Housing First methodology has been proven as an effective means of decreasing the rate of homelessness in both this country and abroad by recognizing the notion that housing is a basic human right that should not be denied to anyone. First put into practice by Pathways to Housing in New York City in the early 1990S, and endorsed by the U.S. Interagency Council on Homelessness as a ''best practice," Housing First programs are being carried out - and making a difference - throughout the U.S., including large cities currently implementing their ten year plans such as New York City, Denver, San Francisco, Atlanta, Chicago and Seattle. As an alternative to the current emergency shelter, transitional and permanent supportive housing system utilized by the Continuum of Care model, Housing First methodology recognizes the benefits of "stability of place" that are provided by moving homeless individuals and families directly into permanent housing situations and decreasing their lengths of stay in emergency shelters and transitional housing. Communities with experience in implementing Housing First have demonstrated that homeless individuals and families are more responsive to supportive services when the often traumatic experience oflong-term stays in emergency shelters and transitional housing is removed from the equation. These individuals and families regain self- confidence and control of their lives at a more rapid rate due to the comfort, sense of normalcy and human connections that can be fostered by being a part of a neighborhood or community. Housing First methodology is executed in four stages: . Crisis Intervention and Short-Term Housing - Though focus is shifted from the use of emergency shelters and transitional housing, these mechanisms remain an essential component in stabilizing an individual or family in preparation for permanent placement. . Intake and Assessment - Performing a thorough needs assessment is a critical component of Housing First, ensuring proper placement in appropriate permanent housing and the creation of a concrete and comprehensive action plan for supportive service provision. . Housing- Assisting individuals and families in overcoming the barriers to securing permanent housing in a safe neighborhood, barriers that are overcome by providing direct connection to an identified stock of available, affordable and appropriate housing units is emphasized. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 54 . Case Management - Connecting individuals and families with the appropriate supportive services once placed in permanent housing is absolutely critical to their success in attaining and maintaining long-term self-sufficiency. Linking people with services is significantly less complex when housing stability is already secured. The permanent supportive housing programs utilized by the Housing First methodology are currently supported by two HUD funding mechanisms - the Supportive Housing Program and the Shelter Plus Care Program - both of which the Palm Beach County Continuum of Care currently receive. In an era when securing funds is becoming increasingly more difficult, the Housing First methodology is a successful and cost- effective method with which to reduce the duplication of services and maximize the effectiveness of available resources. EVALUATION AND ANALYSIS FULLY-DEFINING THE PROBLEM Arguably the greatest barrier to solving the problem of homelessness in Palm Beach County is our previous inability to concretely define the extent of the problem. \Vhile data obtained through periodic point-in-time counts and collected through the CMIS and HMIS systems provide a snapshot, the necessary time and resources have not been allocated for performing the research for a full panoramic view. In order for this Plan to be effective, two intertwined elements of the problem must be fully-defined and understood: the true characteristics of the homeless population and the available stock of affordable housing. This problem will be addressed in part by: . Defining and fully describing the characteristic and/or circumstances that make an individual or family homeless . Developing baseline demographic and service data as reference points for future, ongoing progress measurement and reporting . Consulting with non-profit and for-profit housing developers and property managers to better understand and quantify the level of interventions and supportive services needed to help tenants avoid eviction . Developing a detailed inventory assessment of housing in Palm Beach County EXAMINING THE EFFECTIVENESS OF EXISTING SERVICES The process through which this Plan was developed included a considerable amount of reflection by service providers regarding the level of programming they provide in comparison with demand. This reflection produced a summary of the "gaps" in services and the underserved populations described previously and laid the groundwork for creating the Action Steps that will address these issues. In order to ensure the most effective use of increasingly limited financial resources, however, it is necessary to conduct a significantly more intense and comprehensive study of the County's homeless services in order to determine which methods and philosophies have had the most consistent impact on reducing homelessness. The results of this analysis will potentially be used to reallocate funding to organizations whose programs demonstrate conclusive TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 55 evidence of reducing the number of homeless in order to expand or perhaps replicate these programs in other areas of the community. This examination will be performed in part by: . Mapping the currently available service systems, including identifying where and how services are provided and where and how funds flow . Measuring the effectiveness of homeless prevention activities, services and housing programs . Evaluating housing and service programs currently being used . Evaluating the allocation of present funding for currently available services . Conducting a cost-benefit analysis to determine the economics ofhomelessness in Palm Beach County as it relates to the health care system, law enforcement, education system and the community at large Additionally, the need for ongoing reflective assessment of the progress of both existing programs and programs that will be newly implemented by this Plan has been recognized and will be addressed by: . Establishing a method for holding organizations accountable to the local Continuum Standards of Care for homeless services . Providing periodic reports to all providers and funding agencies regarding the utilization of services and outcomes BEST PRACTICES AND EVIDENCE-BASED MODELS Though the implementation of programs not currently offered in Palm Beach County will most certainly transpire as this Plan moves forward, it is not our intention, at any point, to "recreate the wheel." Homeless prevention strategies, supportive services and affordable housing developments are carried out with exceptional effectiveness in communities across the u.S. every day. In its call for the development ofTen-Year plans, the U.S. Interagency Council on Homelessness strongly encourages the replication of programs that have been proven effective in reducing homeless in other communities. These "best practices" or evidence-based models from across the country are promoted by the National Alliance to End Homelessness, the u.S. Interagency Council on Homelessness and dozens of advocacy groups, professional associations, and homeless service organizations, agencies and coalitions through the publishing of reports, linkage of administrators and provision of technical support for new program implementation. An extensive examination of best practice models whose replication may be effective in our own community will be conducted. This Plan, however, identifies specific areas of need in Palm Beach County for which best practices will most definitely be sought, including: . Engagement and assessment . Homeless prevention, particularly for underserved populations . Assistance with transitions from the street or interim housing into permanent housing, consistent with the Housing First methodology TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 56 ADVOCACY INCREASING PUBLIC AWARENESS The social stigma surrounding homelessness is commonly cited by service providers and community advocates as a key barrier in acquiring the funds necessary to address the problem. The widespread opinion that homeless individuals and families are themselves to blame for their situation, and a general dislike for their public presence and occasional panhandling often leads to community opposition when public funding is directed toward the provision of services for the homeless. Seventy-one percent of respondents to a 2002 survey, however, stated that homeless individuals should be removed from public shopping areas by police because they kept customers away, and 51 percent believed they should be removed when keeping visitors from utilizing public parks.50 This lack of concern or compassion is, however, not always the case. A survey conducted in New York City in 2007 reported that 67 percent of respondents believed that homeless individuals became so because of "circumstances beyond their controL"51 Thirty-six percent of the survey respondents claimed that they themselves were worried about becoming homeless. This Plan calls for the implementation of an extensive public awareness campaign with the goal of educating Palm Beach County residents on the prevalence of homelessness in the community, the characteristics that define those in a homeless situation or facing the threat of homeless ness, and the legitimacy behind the factors that can lead one to losing, or prevent them from attaining a home. AE this Plan also calls for the creation of Homeless Resource Centers (HRC) - geographically distributed, 24-hour facilities providing intake and assessment services and equipped with interim beds - an anticipated NIMBY reaction will necessitate an informative campaign that highlights evidence that such facilities do not increase crime or decrease property values, accompanied by the expected positive outcomes that will transpire with the implementation of this Plan. INFLUENCING POLICY The resolution that created the Homeless Advisory Board speaks directly to the Board's authority to advise the Board of County Commissioners regarding proposed legislation related to homelessness. Furthermore, the Board's bylaws call for the establishment of a Policy and Legislation Committee tasked with creating policy position statements upon review oflocal, state and federal homeless initiatives, developing macro level policy statements on homelessness in Palm Beach County and responding to policy issues brought forth by community members. In developing the composition of the Homeless Advisory Board membership, great care was taken to include elected officials and government agency authorities - those with the authority to implement effective change. This Plan will guide such change in part by: . Coordinating policy development and funding recommendations regarding issues for housing and supportive services 50 Public Agenda. "Compassion, Concern and Conflicted Feelings: New Yorkers on Homelessness and Housing. 2007. 51 Public Agenda. <http://www.publicagenda.org/issues/red_flags.cfm?issue_type=welfare#homeless>. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 57 -_._--~,~._------ - - ------------- ~ _......_._~_.................__..._..._.__.-..__....._....- ...-..._--_......__.........._.._._~---_...._..__......._......._..... ................-.--.--..--..... --........ ............-....-............-......-.-...-.......-..--..........-.................-..............-.............. . ...._.._..~~._._-_...-.-.._.._.._._........_......._._.._._....--.....-...... . Aligning the plans of all housing-related boards . Advocating at the local, state, and federal levels for policies that foster the creation and sustainability of affordable housing . Advocating and ensuring at the local, state, and federal levels coordination of data reporting requirements . Advocating for the comprehensive enforcement of child support laws . Advocating for the creation of a living wage . Advocating for affordable and accessible health care PRESERVING EXISTING/CREATING NEW PUBliC FUNDING STREAMS There is no doubt that significant additional funding, above and beyond that which is currently directed toward the County's service providers, will be needed to implement this Plan. Cost-benefit analyses, reallocation of dollars, reducing the duplication of services and implementing best practices will allow for more effective spending. The necessity to create new funding streams using public dollars, however, cannot be ignored. This plan calls for the preservation of existing and the development of new, public funding streams in part by: . Developing an executive committee of the Homeless and Housing Alliance which reports to the Homeless Advisory Board pertaining to prioritization oflocal funding recommendations . Advocating for the preservation of and increased funding for existing housing subsidies and subsidized housing units . Advocating at the local (both public and private), state and federal levels for the funding to eliminate individual and family homelessness, to include: 0 The establishment of a national housing trust fund 0 The formation of community land trusts CCLTs) 0 Increased funding and access to programs that expand and sustain housing opportunities for households living at the lowest income levels 0 The provision of full funding for state and federal initiatives that offer housing stability to households who experience or who are at-risk-of experiencing homelessness 0 The coordination oflocal and County funded homeless related dollars and its redirection to meet housing needs PROVIDING ADEQUATE LEVELS OF SERVICE The remainder of this Plan consists of recommendations for the provision of operative and effective processing of those seeking services and the development of new service programs based on selected best practices, particularly those proven to assist underserved populations and increase affordable housing for permanent placement. There is no doubt that the service providers operating throughout Palm Beach County are committed to offering the most compassionate, complete and optimal services to their homeless constituency. It can also not be argued, however, that the level of service provision that they are able to provide with available resources does not meet their constituency's growing demand. By increasing the number of programs, strategically placing these programs with geographic diversity and fully funding the budgets for TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 58 proper implementation, the common goal of ending homelessness in Palm Beach County can be attained. LINKING TRACKING MECHANISMS AND PROCEDURES The intent to increase collaboration requires that a system for communicating data be modern, linked, reliable and accessible by all organizations within the service provider network. The need for a universal intake system, with the ability to follow each individual and family as they progress through the emergency shelter, transitional and supportive housing system - and when available, directly from intake to permanent housing - is critical in the avoidance of service duplication and maintaining cost- effectiveness. Unfortunately, despite its good intentions, the County's current CMISjHMIS systems are considered under-equipped to accurately control this data, due in part to the variety of reporting policies within the large network of service providers throughout the County. This Plan address data collection, case management and communication issues in part by: . Developing and implementing universal intake procedures that are accessible by all authorized service providers and serves all individuals entering the system . Combining the Client Management Information System (CMIS) and a navigator system to create a universal process for client intake . Expanding the Homeless Management Information System (HMIS) and mandating providers to participate in data gathering activities . Developing standard operating procedures for law enforcement on the handling of homeless individuals and families that would be accepted County-wide . Funding comprehensive case management for individuals and families who are in interim housing shelters . Creating Housing Placement Counselor positions to work to increase the opportunities for homeless clients to access safe and affordable housing . Encouraging collaboration of service delivery systems to better service homeless individuals and families DEVELOPING NEW/EXPANDING EXISTING SERVICES Programs not directly associated with housing but essential to providing stability for the homeless, those facing the threat of homelessness and those working through the emergency shelter, transitional and permanent supportive housing systems cover a broad spectrum of needs. There are multiple programs currently operating throughout Palm Beach County for which this Plan calls for expansion or replication. Additionally, the study of best practices being implemented throughout the U.s. will result in the selection of multiple programs appropriate for the Palm Beach County community. This Plan will ensure that every homeless individual and family has access to services that meet their needs in part by: . Developing regionally located Homeless Resource Centers (HRCs) throughout the County, which will be equipped with interim beds for homeless individuals . Developing and implementing programs that provide access to medical and psychiatric assessments in order to identify conditions that may prevent homeless clients from being appropriately placed in interim housing programs TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page SQ _~_~_____ .~_ u_.'..______.__ r._.._____....__.__.._......___.____............._...__.......__._...----.-.-...-----.-..-.....-.----.....-..---..-...---......-...-.-.....----...-.-....-.-....-...........----.....----..---..-....-......-.--..........--.-.-.....---....-...-..-...--.-...-.......--....--...........--.---.-....-----. . Replicating the current Safe Haven model to serve severely mentally ill/ dually diagnosed individuals in the south, central and western regions of the County . Coordinating outreach efforts . Partnering with non-profit and for-profit housing developers and property managers to implement supportive services needed to help tenants avoid eviction . Developing a transitional process for youth aging out of foster care and for homeless prisoners ready for reintegration . Developing and implementing a strategy that better helps people with criminal backgrounds to qualify for housing and/or to remain in housing . Providing transportation and/or transportation vouchers for eligible homeless individuals and families . Developing new and innovative employment and employment training programs (able to serve all skill levels), and to provide access to such programs, in order to increase income levels of homeless individuals and families INCREASING INTERIM AND AFFORDABLE HOUSING OPTIONS Without an adequate supply of affordable housing, those individuals and families in transitional housing awaiting permanent placement are forced to remain for extended periods of time. As a result, those utilizing emergency shelters, many of which have strict time limits regarding lengths of stay, are forced to return to the street, despite a possible determination to move forward along their path toward independence. This "rotating door" phenomenon, and the overwhelming deficit in housing, both interim and permanent, is addressed by this Plan in part by: . Providing immediate interim housing and/or interim contract facility placement to individuals and families, particularly those currently not served or underserved . Creating medical/psychiatric respite beds for homeless individuals and families who are discharged from hospitals or psychiatric facilities . Developing additional housing programs for youth aging out of foster care, homeless persons with disabilities, seniors facing a loss of housing and homeless prisoners ready for reintegration . Identifying and securing a minimum of 400 attainable and geographically distributed rental units per year for the next ten years for use as permanent housing options with comprehensive supportive services, or linked supportive services FUNDING THE PLAN Throughout the development of this Plan, a concern for how the potentially millions of new dollars that would be required to implement such expansive and broad-reaching initiatives would be secured was voiced time and again. With each brief moment of apprehension came a renewed determination from all involved in its development that this Plan would not give credence to funding limitations. Without such an approach, its implementation would not lead to ending homelessness, simply a return to managing homelessness but in a new or different way. We fully recognize that the community at TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 60 large, not just our local governments, must accept responsibility for finding the answers and necessary funding solutions. The bylaws of the Homeless Advisory Board call for the establishment of a Funding Committee tasked with exploring new revenue streams for existing programs and/or the development of new initiatives (as previously described), making recommendations regarding the County budget process as it relates to homelessness, assisting in the solicitation of funds from the community at large and establishing working relationships regionally and inter-county in order to explore regional approaches to funding initiatives that address homelessness. The Funding Committee will work hand-in-hand with all interested parties including the County staff and service providers to employ an aggressive, coordinated and multi-faceted development campaign that accesses the vast personal, corporate and foundation wealth in Palm Beach County while seeking to match programs with the funding interests of donors. The comprehensive pursuit of government grants and special appropriations from both the state and federal governments, combined with targeted corporate and foundation requests, collaborations with non-profit and for-profit housing developers and the encouragement of private philanthropic giving to include planned gifts and bequests, will create a broad-reaching campaign to fund an important endeavor that will have a broad-reaching impact. Agencies and institutions funded by taxpayer dollars spend millions each year providing services - often repeatedly - to homeless individuals and families through 911, hospital emergency rooms, mental health facilities, child protective services, prisons and jails. Studies have shown that homeless families and individuals access these systems at a disproportionately greater rate than others due to the emotional, mental and physical stresses related to homelessness. Once placed in permanent supportive housing, these same individuals and families drastically reduce their utilization of these services. Simply put, paying to house homeless individuals and families is less expensive for society and better for the individual or family. Investing in effectively serving the homeless and those facing the threat of homelessness is a sound use of private funding and taxpayer dollars, both logical and sensible. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 61 GOALS AND ACTION STEPS TO ENDING HOMELESSNESS IN PALM BEACH COUNTY GOAL 1: Develop a Universal Svstem for Intake/Assessment and Enhance Client Information Management System A centralized, standard procedure (with 24-hour access) would improve upon the current system of accessing, tracking, and serving our County's homeless population. 211 Palm Beach/Treasure Coast - Client Management Information Services C211/CMIS), I Children's Services I Council, Faith I Develop and implement I I universal intake Based Community, I procedures that are Health Care Providers, A accessible by all authorized Yrs 1-2 Homeless I $ Available service providers and serve I Advocates, I all individuals entering the I Homeless Service i system. Providers, PBC 1 Human Services, I I Private Foundations I and Donors, I United Way, U.S. Department of I I Housing and Urban Development I CHUD) I Develop regionally located Faith Based ! Homeless Resource Community, Centers (HRC) throughout Funding Agencies, the County, which will be Homeless Coalition. equipped with interim beds Homeless Service Cannot be for homeless individuals. Providers, achieved B The facilities with beds will Yrs 1-10 $$$$$ be accessible 24-hours a Municipalities, PBC without new Health Department, funding day. Private Foundations *Contractedfacilities will and Donors, be used to provide Substance Abuse homeless with interim Service Providers i housin . I TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 63 ~--- ~~-~ \ctiol1s Time Proposed \111111al hl11dil1~ Frallle Pal'tllers Cost Status Children's Services Council, Family Empowerment Coalition (FEC), Florida Department of Children and Families - Develop and implement Substance Abuse programs that provide and Mental Health Available, access to medical and Program Offices but psychiatric assessments in (DCF jSAMH), increased C order to identify conditions Yrs 1-10 Health Care $$ revenue is that may prevent homeless District, Medicaid, needed to clients from being Other Mental increase appropriately placed in Health Service assistance interim housing programs. Providers, PBC Health Department, Private Foundations and Donors, Private Providers, United Wav Combine the Client 211jCMIS, Available, Management Information Funding Agencies, but D System (CMIS) and a Yrs 1-3 Homeless Service $ increased navigator system to create Providers revenue is a universal process for needed client intake. Evaluate Best Practice Faith Based Models related to Community, Available, engagement and Funding Agencies, but, if assessment, including the Homeless expanded, E current pilot Engagement Year 1 Coalition, $ cannot be Center at The Lord's Place achieved to determine the feasibility Homeless Service without new Providers, United of its duplication at each Way funding Homeless Resource Center. Proposed Outcome: By 2018, Palm Beach County's homeless response system will have created a County- wide process for the intake, assessment and management of homeless clients. Additionally, regional homeless resource centers will have been created throughout the County, providing supportive services that include: a universal intake process, interim beds when needed, 24 hour access, engagement centers, as well as medical and psychiatric assessments. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 64 GOAL 2: Provide Interim Housing Services for Homeless Individuals/ Families When immediate permanent housing is not available, a need for interim housing options is essential. An increase in the number of interim housing beds is needed for individuals and families and could include the utilization of hotels and/or motels, particularly for homeless families. Additionally, interim housing should include comprehensive case management and supportive services. " 1; ,;j!" t' . ~ II.d.kH ~ AdUlt! ~ J ~ l. I" 41ll1", Contracted and Non- Contracted Motel Providers, Emergency Food and Shelter Available, but Provide immediate interim Program (EFSP), increased A housing and/or interim Year 1 Funding Agencies, $$$ revenue IS contract facility placement Homeless Service needed to to individuals and families. Providers, PBC increase Housing and assistance ! Community Development, United Wa Business Community, Create medical/psychiatric DCF, Funding I I respite beds for homeless Agencies, Health I Cannot be B individuals/ families who Yrs 1-10 Care District, Health I $$$ achieved are discharged homeless Care Providers, ! without new from hospitals or Private Foundations i funding psychiatric facilities. and Donors. United I I i Wa I Fund centralized DCF, Faith Based comprehensive case Community, Cannot be C management for Yrs 1-10 Homeless Service $$$ achieved individuals/families who Providers, Private without new are in interim housing Foundations and funding shelters. Donors, United Wav I I Partially Provide transportation Faith Based funded, but and/or transportation Community, Funding need D vouchers for eligible Yrs 1-10 Agencies, Homeless $$ additional homeless Service Providers. funding individuals / famili es. Palm Tran dedicated for I homeless Area Agency on I I Develop interim housing Aging, DCF, Funding i Cannot be i for currently not-served I Agencies, Private I achieved E I Yrs 1-10 , $$$ targeted populations. Foundations and without new , I I Donors, School funding I I District, United Wav , I ..--..------- TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 65 ~-----~- -----~-~---_._--_.._--- ~_.. _._...___....__....._._________.____.._._._.._. .__...._...__._.....__._.._._.__._._.._._._._..__.__.._.._.'___"_'_""'__'_'__ __.....__...._.._........_...___.._._...._...._____.___...........____. _m.....~_.__._....._.___._..___..__.___ ........._ \("lions 'I ime Proposed ,\I111ual nll1dill~ ]. ra Illl' Partl1ers ('ost Status Identify Best Practice Area Agency on Models used to reach and Aging, DCF, F serve underserved or Year 1 Homeless $ Available Coalition, School currently not-served District, United targeted populations. Way Proposed Outcome: By 2018 Palm Beach County's homeless response system will have enhanced and increased the current number of interim housing options for homeless individuals and families. This system will include services for underserved homeless populations. The system will use hotel/motel vouchers to temporarily house homeless families. In addition, interim housing options will provide clients with individual case management and supportive services. Respite beds for individuals discharged from medical or psychiatric facilities will have been created. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 66 GOAL :l: Coordinate Partnerships and Resources for Homeless Services An effective Continuum of Care relies on the seamless coordination of community partnerships and resources. A collaboration and coordination of homeless services is needed in order to effectively address the issues of individual/family homelessness. The Plan must utilize and streamline existing resources when appropriate and seek additional resources when necessary. Additionally, the Plan ensures cost effectiveness and efficiency of the homeless response system. . . " 1'1- r If u d.,ji ~ dd ",-U", j. tl:"'J.l :tl.,.:HU.... Fundmg AgenCIes, Collaborate with service Homeless Advisory delivery systems to better Board, Homeless A serve homeless Yrs 1-10 Service Providers, $ Available individuals / families. PBC Housing and ! Community Develo ment Child Protective .---------- I Services (CPS), i Criminal Justice ! Services, Florida Department of Juvenile Justice Map the chief service (DJJ), Food Stamp Program, HOME systems: Investment . Identify where and how Partnerships funds flow , Program, Housing . Review current eligibility ! Subsidy Programs and entry points (such as Section 8 . Discover what works and Housing Choice Available, does not work for Voucher Program), but may homeless Medicaid, Mental need individuals/families in Health and Substance additional B each system Yrs 1-10 i Abuse Service $ funding . Assess the . Providers, McKinney- based on disproportionate ' Vento Homeless the extent representation of minority Assistance Program, of the individuals/families in PBC Health mapping these systems Department, Public . Assessment of the services Housing Authority provided to SAMH and Programs, School those who are situationally District, homeless Supplemental I . Analysis of service needs Security Income based on gender (SSI), Temporary I Assistance for Needy Families (TANF), Veterans Health Administration, Workforce Investment Act (WIA) Pro rams TEN-YEAR PLAN TO END HOMELESSNESS fN PALM BEACH COUNTY. FLORIDA Page 6'7 ~-----_.._._..._._~~--~-~-- --- -_.- - --" ~ -------"------- \diolls Ti III e Proposed \nnll:ll 11Inding II'allH' l'artl1el'S ( ost Slat us Advocate and ensure the implementation of new local Homeless Advisory Cannot be revenues (both public and Board, Homeless $$$$$ achieved C private) dedicated to ending Yrs 2-10 Coalition, Revenue without new homelessness (Le. Revolving M unicipaUties funding Bond Fund, incentives for individual philanthropy). The Homeless Advisory Board will: . Provide leadership . Promote and advocate for ending individual/family homelessness Homeless Advisory D . Advocate for the Yrs 1-10 Board, Homeless & $ Available establishment of new local Housing Alliance, revenues (both public and Homeless Coalition private) to be used to end homelessness . Coordinate the pooling of resources necessary to implement the Plan Children's Services Update the local Continuum Council, DCF, Homeless Service Standards of Care for Providers, Non- homeless services, and E establish the method to hold Year 1 Profit Resource $ Available organizations accountable to Center, Private Foundations and the standards. Donors, United Way Conduct an evaluation of F existing service delivery Homeless Advisory systems in order to identify Yrs 1-2 Board, Homeless $ Available gaps and the need for Service Providers additional services. Develop an executive committee of the Homeless and Housing Alliance which Homeless Advisory G reports to the Homeless Yrs 1-10 Board, Homeless & $ Available Advisory Board pertaining to Housing Alliance prioritization of local funding recommendations. Business Community, Coordinate policy Funding Agencies, Homeless H development and funding Coalition, recommendations regarding Yrs 2-10 Homeless Service $ Available issues for housing and Providers, Private supportive services. Citizens (Homeless and Formerly Homeless) TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 68 Evaluate the allocation of Homeless Advisory I present funding for Board, Homeless $ Available currently homeless child Service Providers, care. Funding Agencies Evaluate the need to establish an independent, I Homeless Advisory publicly funded entity with I Board, Homeless J I Yrs 1-5 $ Available ultimate local authority I Service Providers, I I over issues related to Funding Agencies I \ homelessness. Proposed Outcome: By 2018, Palm Beach County's homeless response system will have effectively established a strong, collaborative approach to ending individual/family homelessness. This approach will coordinate the planning, funding, and delivery of housing and homeless services in Palm Beach County. These services will specifically target individuals and families who are either currently homeless or those who face the threat of becoming homeless. Additionally, these efforts will have increased both the success and cost-effectiveness of the homeless response system assuring long-term housing stability for the clients. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 69 ----"- ~ .~------ ,- -.-- -~ ---- --- GOAL a.: Improve Access to Homeless Services with Outreach and Education The current homeless outreach efforts in our County can be enhanced by coordinating additional support from other jurisdictions and resources. With increased support, these efforts can be expanded to include evening and weekend hours. Additionally, increasing public awareness on homeless issues can educate the community and improve access to the homeless response system for homeless individuals and families. \ctions Time Pl'oposed \l1l1ual FlIlldin~ }'I'anH' Partnel's Cost Stat us Develop standard operating Homeless Service procedure for law Providers, Cannot be A enforcement that would be Yrs 1-10 Municipal Law $ achieved accepted County-wide on Enforcement Staff, without new the handling of homeless PBC Sheriffs Office funding individuals or families, (PBSO) Criminal Justice Services, Faith Based Community, Health Care Providers, Maximize existing Homeless Service B resources by coordinating Yrs 1-2 Providers, Hospital $$ Available outreach efforts. Emergency Personnel, Municipal Law Enforcement Staff, Municipalities, PBSO, School District Business Community, DCF, Faith Based Community, Develop and implement Homeless Advisory Available, plan to increase public Board, Homeless but may need awareness about the Coalition, new funding C prevalence and issues of Yrs 1-10 Homeless Service $ in order to individual and family Providers, expand homelessness. Municipalities, public Private awareness Foundations and Donors, School District, United Way Criminal Justice Evaluate existing and Services, Homeless D implement new after Yrs 1-2 Service Providers, $ Available hours/weekend outreach Municipal Law models. Enforcement Staff, PBSO, United Way TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 70 Proposed Outcome: By 2018 Palm Beach County's current homeless outreach system will have been enhanced by the support of additional resources, including the coordination of local jurisdictions, faith-based organizations and other interested parties. Additionally, marketing and educational efforts will have been implemented to increase awareness of the issues surrounding homelessness and accessing homeless services. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 71 ----~-"--~-~-_.._~ ~.._~-~-"-,- --~----~-~--- -.-------- ~ --,.~----- .- GOAL ~: Prevent Individuals and Families from Becoming Homeless Strategic investment in prevention initiatives can effectively prevent homelessness for groups of people at risk oflosing their housing. Preventative measures should offer permanent solutions, with a special emphasis on increasing clients' income, creating more affordable/accessible housing options and improving clients' access to mainstream resources. .\('1 ions Time P,'oposed .\nnual FUl1dil1~ Fral1u' Partl1ers Cost Status Children's Service Providers, Commission on Affordable Partially Develop additional housing Housing, DCF, programs, when needed, for Faith Based available, but cannot be A youth aging out of foster Yrs 2-10 Community, $ achieved care and implement a Housing without new transitional process. Authorities, Private funding Foundations and Donors, United Way, Funding Agencies Commission on Affordable Housing, Faith Partially Develop and implement, Based Community, available, but B when needed a housing Yrs 2-10 Homeless Service $$ cannot be program for homeless Providers, Housing achieved persons with disabilities. Authorities, Private without new Foundations and funding Donors, United Way, Commission on Affordable Partially Develop and implement, Housing, Faith when needed, housing Based Community, available, but cannot be c programs, for homeless Yrs 2-10 Funding Agencies, $$$$ achieved seniors facing a loss of Homeless Service without new housing. Providers, Housing funding Authorities, United Way TEN- YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 72 Adult Education Programs ! (GED/ESOL), j Business Community, Children's Services Partially Council, College funded, but and Trade need Programs, Early additional Increase funding and Learning Coalition, $$$$$ funding access to high-quality Yrs 2-10 Faith Based dedicated for D child care and dependent Community, homeless and care subsidies. Familv Central, those at risk , FEC, Homeless of I Service Providers, homelessness Private Foundations and Donors, School District, United Way, Workforce ! Alliance Criminal Justice Services, Florida Advocate for the Department of enforcement of child Revenue, Funding $ Available E Yrs 1-10 Agencies, Homeless support payment Advisory Board, enforcement laws. Homeless Service Providers Business Community, Financial Develop new and Institutions, Partially innovative employment Gulfstream available, but and employment training Goodwill $$ cannot be programs (able to serve Yrs 2-10 Industries, Private achieved F all skill levels ) in order to Foundations and without new increase income levels of Donors, Vocational funding homeless Rehabilitation in dividuals / families. Programs, United Way, Workforce I Alliance, - -~-- I TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORlDA Page 73 ~~~-------- ---.- -~.~- -~ .- -. ~ - \ctions Ti me Pl'oposed AI111ual Illll(lin~ l ranl(' Partners Cost Status Adult Education Programs (GED/ESOL), College and Trade Programs, Faith Provide access to training Based Community, and educational FEC, Federal opportunities to increase Emergency Partially individual/family Management funded, but incomes. Administration need G Yrs 2-10 (FEMA), Homeless $$ additional Example: Service Providers, funding Traditional Training, HUD, Palm Beach dedicated for ESOL, Technical Community homeless Trainings, Palm Beach College, Private Community College, etc. Foundations and Donors, United Way, Vocational Rehabilitation Programs, Workforce Alliance Provide access for Faith Based individuals/families to Community, FEC, education and services Homeless Service needed to support Providers, Partially housing stability. Landlords and funded, but Apartment need H Example: Yrs 1-10 11anagers,Lrreracy $ additional Budgeting, Life Skills Coalition, funding to Training, Conflict Private Resolution Training, Foundations and expand Personal Care Donors, School Attendance, Parenting, District, Unrred etc.,. Way Area Agency on Identify and evaluate Best Aging, Criminal Practice Models (used Justice Services, locally and nationally) to DCF, Faith Based prevent homelessness for Community, $ I underserved or currently Year 1 Homeless Coalition, Available Private not-served targeted Foundations and populations. Donors, School District, United Way TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 74 Evaluate the effectiveness Florida Office on of existing programs as a Homelessness, means to expedite the Funding Agencies. Homeless Service delivery of SSI/SSDI Providers, Legal Aid Cannot be benefits to persons with achieved J disabilities, thus reducing Year 1 Society, Private $ without new Foundations and eviction rates for this Donors, Social funding population, with possible Security implementation based on Administration. findings. United Wa . Develop, advocate for, , Criminal Justice Partially and implement housing I Services, DCF, programs for homeless Faith Based available, but cannot be K prisoners ready for Community, Private $$ achieved reintegration, when Yrs 2-10 Foundations and without new needed, and implement a Donors, United funding transitional rocess. Wa' r Business I Community, Financial Develop incentives for Institutions, Create tax L employer-assisted child Yrs 1-5 Municipalities, $$ incentives care and dependent care. Private Foundations and Donors, State Government Define and fully describe CMIS, Homeless Cannot be the characteristics and/ or Service Providers, Cost achieved M the circumstances that Year 1 I HUD, Landlords included in without make an individual or a and Apartment Goal 7E funding famil homeless. Mana ers I Identify alternate Business Community, employment Homeless Service opportunities (such as Providers, Private I $ N cottage industries, Yrs 1-2 Foundations and \ Available apprenticeship programs, Donors, United etc...) targeted to , I , I Way, Workforce I , homeless individuals. Alliance i Area Agency on I Aging, Children's i Identify national and I Services Council, I local prevention I DCF, Faith Based Community, 0 programs that are Year 1 I Homeless Coalition, $ Available evidence-based and proven to be effective. I Homeless Service I Providers, Other I ! Human Services I Providers, United I I Way ----- TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORlDA Page 75 ---_.~._-~._---~_. ~-~ ~" ~" -- ---~~-~ ------ --- \d ions Time PI'oposed Al1l1ual Fl1l1dil1~ I ral11e Pal"tlllTS ( ost Status EFSP, Faith Based Community, FEC, Homeless Service Partner with nonprofit Providers, Available, but and for profit housing Landlords and increased developers and property Apartment revenue is p managers to implement Yrs 2-10 Managers, Private $$ needed to supportive services Foundations and increase needed to help tenants Donors, PBC assistance avoid eviction. Housing and Community Development, United Way Faith Based Develop and implement a Community, Homeless Service strategy that better helps Providers, Q people with criminal Year 3 Landlords and $ Available backgrounds to qualify Apartment for housing and/or to Managers, Criminal remain in housing. Justice Services, United Way, EFSP, Faith Based Community, FEC, Consult with nonprofit Homeless Coalition, Homeless Service and for-profit housing Providers, developers and property Landlords and managers to better Apartment R understand and quantify Yrs 1-2 $ Available the level of interventions Managers, PBC and supportive services Housing and Community needed to help tenants Development, avoid eviction. Private Foundations and Donors, United Way Measure the effectiveness CMIS, PBC Housing Cost Cannot be S of homeless prevention Yrs 5-10 and Community Included in achieved Development, without new activities. United Way Goa17B funding Proposed Outcome: By 2018, Palm Beach County's homeless response system will have created, nurtured, and fully implemented an intervention system focused on preventing individual/ family homelessness. This improved system will have created new education, training and employment opportunities along with supportive services needed to maintain employment. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 76 GOAL 6: Secure a Stable Stock of Affordable/Accessible Housing Homeless individuals and families often present with an array of challenges and needs, for which various housing strategies and accommodations are necessary. Offering permanent housing options along with supportive services through the Housing First methodology is the ideal model for ending homelessness. It is imperative to identify, secure and/ or develop a dependable stock of affordable, accessible and safe housing options that can serve our homeless population. These various strategies should include transitional, permanent supportive, rental and homeoWllership options. Identify and secure a minimum of 400 I Business Partially attainable and Community, Faith funded, but geographically I Based Community, need distributed rental units Financial additional per year for use as Institutions, funding A permanent housing Yrs 1-10 Homeless Services $$$$$ dedicated for options with Providers, Housing homeless and comprehensive Authorities, Private those at risk supportive services, or Foundations and of linked supportive Donors, Realtors, i services. United Way I homelessness Map current services available for those who are homeless and those who are at-risk-of DCF, Children's homelessness. Also identify any future service Services Council, Faith Based B needs and costs. Year 1 Community, $ Available Example: Municipalities, Case Management, United Way Personal Care Assistance, Life Skills Training, Child Care, Dependent Care, etc. Business i Community, Faith I Advocate at the local, Based Community, state, and federal levels Homeless Advisory for the preservation of I Yrs 1-10 Board, Homeless $ I c and increased funding for Coalition, Available existing housing Homeless Service subsidies and subsidized Providers, I housing units. ! ) Municipalities, United Way TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 77 -~._--~_._-----~ ~_.- ~. ~-_._--------~_.--._--_._- ___._.,___.______.__.._._.__.....___.__.____....._'..___m_~.._._._._.____.___._.__m._...m..___..._..____~____..._...__.______m_._._.._._.__._..._.___.___._._._....___~...-..-...-.---..--___.._...__.__m..__.___.__.__m_...___. \d ions Time Proposed .\nnual Fundil1g I, nUllC Part Hers t list Status Florida Develop a detailed International University, inventory assessment of Housing housing in Palm Beach Leadership D County (by type - Year 1 Council, $ Available excluding those not Community appropriate for homeless Foundation for prevention activities), Palm Beach and Martin Counties Identify and replicate Best Practice Models to Funding Agencies, Unknown E increase capacity to move Yrs 1-10 Homeless Advisory Unknown until models individuals and families Board, Homeless chosen to off the streets or out of Service Providers replicate interim housing, Create Housing Business Placement Counselor Community, position(s). These counselors will work to Housing increase the Leadership Cannot be F opportunities for Yrs 1-10 Council, $ achieved Municipalities, without new homeless clients to access Private funding safe, Foundations and affordable/accessible Donors, United housing (Rapid Way Rehousing). Funding Agencies, Habitat for Advocate for more Humanity, affordable/ accessible Homeless G Yrs 1-10 Coalition, Housing $ Available permanent housing. Leadership Council, Prosperity Centers, United Way Replicate current Safe Available, but Haven model to serve severely mentally Criminal Justice increased H ill/dually diagnosed Yrs 1-10 Services, DCF, $$ per revenue is individuals in the south, Mental Health project needed to central and western Service Providers increase regions of the County. assistance TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 78 Advocate at the local, state, and federal levels for legislative support for the funding to eliminate i individual/family homelessness: · Establish a national I housing trust fund . Increase funding and access to programs that expand and sustain housing Business opportunities for households living at Community, Faith the lowest income Based Community, levels Health Care · Provide full funding District, Homeless I for state and federal Yrs 1-10 Advisory Board, $ Available initiatives that offer Homeless housing stability to Coalition, households who Homeless Service ex'])erience or who are Providers, at-risk-of experiencing Municipalities, homelessness United Way . Coordinate local/County funded homeless related dollars and redirect to meet housing needs . Align plans of all housing-related boards . Creation of a living wage . Affordable and accessible health care Homeless Coalition, i I Advocate for community Homeless Service J Yrs 1-10 Providers, $ Available land trusts (CLTs). Municipalities, Private Land Owners Advocate at the local, Funding Agencies, state, and federal levels Homeless Advisory K for policies that foster the Yrs 1-10 Board, Homeless $ Available creation and Coalition, sustainability of Homeless Service attainable housin Providers [ TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 79 ~, ~-- --- ---~~., -" - ------~-----.. - ~._... - ----- ---- - -- --- -- - - ----- ----------~------- ---~------ ---- ------- --------- ~----------------- -------- -- ------- Proposed Outcome: By 2018, our communities will have developed 4,000 units of affordable/accessible housing located throughout the County. The Plan will have assured that these units remain affordable and accessible on a long-term basis, and that they continue to support individuals and families who have been homeless. These units will not have been lost to market conversion or owners opting-out. In addition, our communities will have implemented effective policies, procedures, incentives, and dedicated resources to keep subsidized units available to extremely-low income homeless and formerly-homeless households. Finally, by "opening the back door" - a phrase often used when referring to the ability to move homeless individuals out of the shelter system by placing them in permanent housing - through the development of new permanent housing stock, the homeless response system will have achieved maximum use of its interim and transitional housing units. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 80 GOAL 7: Provide System Oversi~ht and Evaluation of the Ten-Year Plan The integrity and success of this Plan is dependent upon the consistent oversight and evaluation of each of its components, which include: Plan implementation, oversight of operations, management of funds and evaluation of all partners. The effort will include conducting research and collecting data that will routinely drive policy development. Best practice strategies will be researched and, where appropriate for Palm Beach County, replicated to improve existing models. Evaluation systems will be developed to accurately measure success. Providers must be accountable to meet certain standards and achieve success with their clients. Also, a key component of oversight and evaluation is the engagement of clients - those who are homeless and/or formerly homeless. Finally, service providers must receive appropriate training and resources to succeed. Create a leadership Cannot be position to ensure Funding Agencies, achieved A implementation and Yrs 1-10 Homeless Advisory $ without new oversight of the Ten-Year Board funding Plan. Provide a comprehensive Ten-Year Plan Staff, ~-- B annual report on the Yrs 1-10 I Homeless Advisory $ Available progress being made on the Board, Homeless Ten-Year Plan. Service Providers Conduct a cost benefit --~ analysis to determine the economics ofhomelessness Colleges /U niversities, Cannot be C in Palm Beach County as it Yrs 1-2 Municipalities, $ achieved relates to the health care School District, without new system, law enforcement, United Way funding the education system and communi at lar e. Expand and enhance the ------ Homeless Management Information System (HMIS) and mandate providers to participate in 2u/CMIS, Funding Cannot be D data gathering activities. Yrs 1-10 Agencies, Homeless $ achieved *Important to always Service Providers without new ensure that the privacy i funding and concerns of homeless I individualsJamilies and organizations are res ected. I Develop baseline demographic and service Ten-Year Plan Staff, Cost Cannot be E data as reference points for Year 1 211/CMIS, Homeless Included achieved future, ongoing progress Advisory Board in Goal without new measurement and 7B funding re ortin . TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 81 ~----~ --~~-~-----~._._---_.._.- --.- -._-- ---""-- \cl ions Time P,'o)losed ,\nnual FUl1dil1g ] l'al11e Parlnt....s Cost Status Provide periodic reports to all providers and funding agencies regarding utilization of services and outcomes: Example: . Number of new homeless Ten-Year Plan $ individuals/families that Staff, Homeless F have been assessed Yrs 1-10 Advisory Board, Cost Available . Demographic profile Homeless Service included in . Length of stay in interim Providers Goa17B housing . Number of placements into permanent housing . Other meaningful data . Require funded entities to report data Advocate and ensure at the Homeless Advisory local, state, and federal Board, Homeless G levels coordination of data Yrs 1-10 Coalition, $ Available reporting requirements. Homeless Service Providers Ten-Year Plan Evaluate housing and Staff, Homeless H service programs currently Yrs 2-10 Advisory Board, $ Available being used in Palm Beach Homeless Service County. Providers, Housing Leadership Council Proposed Outcome: By 2018, a system will have been created that provides regular oversight and ongoing evaluation of the Plan. Reliable research and data will have been collected to measure the progress and success of the Plan, and reports will have been generated and distributed analyzing its effectiveness, Additionally, leadership duties will have been established for implementation and oversight of the Plan. Funding Key: $ 1-499,000 $$ 500,000 - 999,999 $$$ 1 million - 2,999,999 $$$$ 3 million - 4,999,999 $$$$$ 5 million + * Dollar symbols throughout Chapter Four represent the estimated annual cost to implement the related Action Step. TEN- YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 82 ACRONYMS BCC Palm Beach County Board of County Commissioners CDBG Community Development Block Grant CLT Community Land Trust CMIS Client Management Information System CoC Continuum of Care CPS Child Protective Services DCF Florida Department of Children and Families DJJ Florida Department of Juvenile Justice EFSP Emergency Food and Shelter Program ESG Emergency Shelter Grant ESOL English for Speakers of Other Languages FEC Family Empowerment Coalition FEMA Federal Emergency Management Administration GED General Educational Development HAB Palm Beach County Homeless Advisory Board HCD Health Care District - or- HCD Housing and Community Development HRC Homeless Resource Center HUD U.S. Department of Housing and Urban Development IcH U.S. Interagency Council on Homelessness NIMBY Not In My Backyard PBC Palm Beach County PBSO Palm Beach Sheriffs Office TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 83 ~.___~ .__.~____.___,__.________~_..~~u._~_~__ ______~..._____ PIT Point- In- Time Survey SAMH Substance Abuse and Mental Health SSDI Social Security Disability Insurance SSI Social Security Income TANF Temporary Assistance for Needy Families VA U.S. Department of Veterans Affairs WIA Workforce Investment Act TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 84 GLOSSARY OF PLAN TERMINOLOGY Affordable Housing - Housing for which the occupant is paying no more than 30 percent of his or her income for gross housing costs, including utilities. Area Median Income (AMI) - The midpoint in the income distribution within a specific geographic area. By definition, 50% of households earn less than the median income, and 50% earn more. AM] is used to determine the eligibility of applicants for both federally and locally funded housing programs. Chronically Homeless - An unaccompanied homeless individual with a disabling condition who has either been continuously homeless for a year or has had at least four episodes of homelessness in the past three years. Co-Occurring or Dual Needs - A circumstance in which a homeless individual falls into multiple sub-population categories. For example, a woman who is both pregnant and undocumented. Community Development Block Grant Program (CDBG) - A Federal program created under the Housing and Community Development Act of 1974. This program provides grant funds to local and state governments to be used to develop viable urban communities by providing decent housing with a suitable living environment and expanding economic opportunities to assist low- and moderate-income residents. Continuum of Care - Policies designed to address the critical problem of homelessness that include a coordinated community-based process of identifying needs and building a system to address those needs. The approach is predicated on the understanding that homelessness is not caused merely by a lack of shelter, but involves a variety of underlying, unmet needs - physical, economic, and social. A network of collaborating homeless service providers are often referred to as a Continuum of Care, as in the Palm Beach County Continuum of Care. Double Up - A situation in which a family is temporarily living in an over-crowded situation with friends or relatives. Housing First - A methodology for combating homelessness that focuses on moving the homeless immediately from the streets or homeless shelters into their own apartments rather than through the different "levels" of housing - emergency and transitional shelters to permanent supportive housing. Homeless - The term "homeless" or "homeless individual" or "homeless person" includes- (1) an individual who lacks a fixed, regular, and adequate nighttime residence; and (2) an individual who has a primary nighttime residence that is- (A) a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill); (B) an institution that provides a temporary residence for individuals intended to be institutionalized; or TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 85 -- ~._.- "-_.~.~~ -- - (C) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. Homeless Resource Center - A 24-hour facility for intake and assessment of homeless individuals and families, equipped with interim beds. Household - One person or a group of people who live together. Livable Wage - A wage sufficient to provide minimally satisfactory living conditions, also called minimum wage, Low Income - A household whose income does not exceed 80 percent of the median income for the area, with adjustments for smaller or larger families. Additional income limits are defined as follows: Extremely Low Income - A household whose income does not exceed 30 percent of the median income for the area Very Low Income - A household whose income does not exceed 50 percent of the median income for the area Moderate Income - A household whose income does not exceed 120 percent of the median income for the area Annual Income Limits for West Palm Beach and Boca Raton Metropolitan Statistical Area Based on 2008 Median Familv Income of $66,000 Number of Persons in Extremely Low Income Very Low Income I Low Income Moderate Income Household (30%) (50%) I (80%) (120%) 1 $ 14,550.00 $ 24,200.00 $ 38,750.00 $ 58,080.00 2 $ 16,600.00 $ 27,700.00 $ 44,300.00 $ 66,480.00 3 $ 18,700.00 $ 31,150.00 $ 49,800.00 $ 74,760.00 4 $ 20,750.00 $ 34,600.00 $ 55,350.00 $ 83,040.00 5 $ 22,400.00 $ 37,350.00 $ 59,800.00 $ 89,640.00 6 $ 24,050.00 $ 40,150.00 $ 64,200.00 $ 96,360.00 7 $ 25,750.00 $ 42,900.00 $ 68,650.00 $ 102,960.00 8 $ 27,400.00 $ 45,650.00 $ 73,050.00 $ 109,560.00 McKinney- Vento - Common name for the McKinney-Vento Homeless Assistance Act of 1987, the primary federal response targeted to assisting homeless individuals and families. The scope of the Act includes: outreach, emergency food and shelter, transitional and permanent housing, primary health care services, mental health, alcohol and drug abuse treatment, education, job training and child care. Point-In-Time Survey - A survey that is conducted in order to understand the number and characteristics of people sleeping in shelters and on the street, or in other places not meant for human habitation. HUD mandates that all Continuums of Care receiving federal funds conduct a Point- In-Time Survey at least every other year in a designated 24-hour period during the last seven days of January. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 86 Poverty Level - The minimum level of income deemed necessary to achieve an adequate standard of living, also referred to as poverty threshold or poverty line. Private Providers - Individuals or entities that are not public agencies nor non-profit organizations that provide services utilized by the homeless. Safe Haven - A form of supportive housing that serves hard-to-reach homeless persons with severe mental illness who are on the street and have been unable or unwilling to participate in supportive services. Supportive Housing - Housing, including housing units and group quarters, that has a supportive environment and includes a planned service component. Supportive Services - Services provided to residents of supportive housing to facilitate independence. Examples include case management, medical or psychological counseling and supervision, child care, transportation and job training. Transitional Housing - Housing that has as its purpose facilitating the movement of homeless individuals and families to permanent housing within a reasonable amount of time, usually 24 months. TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 87 -'--~_. ,~- _H___ _____ ____ _~__. ______ - ~-~----._-_.. ---~~~-----_._- ACKNOWLEDGEMENTS This Plan would not have been possible without the assistance and support of the following organizations and individuals. We would like to acknowledge their thoughtful contributions and express our appreciation for their commitment to this worthy endeavor. Dawn Krupa, FEC Coordinator, Adopt-A-Family of the Palm Beaches Krysten Bennett, Monique Elton, Lisa King & Mike Langton of Langton Associates, Inc. Palm Beach County Board of County Commissioners Georgiana Devine, Carol Shaffer and Claudia Tuck of Palm Beach County Community Services Department, Division of Human Services Jon Van Arnam, Assistant County Administrator, Palm Beach County TEN- YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY, FLORIDA Page 88 HOW TO GET INVOLVED If you would like to receive additional information about this plan, volunteer or provide financial assistance contact: Palm Beach County Human Services Claudia Tuck (561) 355-4772 ctuck@pbcgov.com or Georgiana Devine (561) 355-4778 gdevine@pbcgov.com TEN-YEAR PLAN TO END HOMELESSNESS IN PALM BEACH COUNTY. FLORIDA Page 89 ~-_._-~~.- ---- -- -~~- ---...- ---.__.._--~---- - -- - ---_._-~----_.- -- ._---,--- Palm Beach County Board of County Commissioners Addie L. Greene, Chairperson Jeff Koons, Vice Chair Karen T. Marcus Robert J. Kanjian Mary McCarty Burt Aaronson J css R. Santamaria County Administrator Robert Weisman IX. - CITY MANAGER'S , REPORT CITY OF BOYNTON BEACH ITEM C. 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 o August 19,2008 August 4, 2008 (Noon) I8J [tober 21\~ l 7 OctOr)6, 2008 (Noon) ,-ab Cc. ,z.~ o September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) o September 16,2008 September 2, 2008 (Noon) o November 18,2008 November 3, 2008 (Noon) o October 7, 2008 September 15, 2008 (Noon) o December 2, 2008 November 17,2008 (Noon) 0 AnnouncementslPresentations [gJ 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 Report on Take Home Vehicles EXPLANATION: With the addition of 16 take-home cars for the Police Department in the approved 2008-09 Budget, members of the City Commission requested a report from staff on the scope and nature of take-home vehicles for the City. This report includes information on take-home vehicles and auto allowances for staff. The inventory of take-home vehicles does not include vehicles that are assigned to staff on a rotating basis which is a practice followed mainly in Utilities for staff that has been placed on call. The City has 466 vehicles licensed for use on the public highways. According to the inventory taken, here is a synopsis of take-home and auto-allowances: Boynton Beach Take-Home Vehicles and Allowances 9/17/2008 Department Take Home Allowances Police 102 2 Fire 13 2 Public Works/Engineering 4 4 Utilities 10 8 Risk Management 0 2 Parks and Recreation 1 2 Development 0 13 City Mgr/Arts 0 4 Finance - Warehouse 1 0 I Golf Course 0 3 ~ Total 131 40 Data taken from Finance Department List and Departmental Information. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMP ACT: The take-home vehicle program is for the convenience of the City and provides for after-hours response directly to emergency scenes or locations, as needed. In addition, for the Police Department, the take-home vehicle program is part ofthe collective bargaining agreement. Currently, there is no cost-sharing by the employee for the use of the Police and Fire vehicles. Non-sworn personnel (police and fire) assigned vehicles pay income tax on the value of their commuting vehicular use and any personal use, if granted by terms of employment agreements. There currently is an IRS exemption for income taxes for sworn police and fire personnel using take-home vehicles as well as an exemption for certain utility vehicles that could not be reasonably used for personal use. As discussed, the City will formally request cost-sharing with the PBA and other bargaining units, as needed. Based on an informal survey conducted by the City. the following communities have cost-sharing for police take-home vehicles. We are also doing a similar survey for non-police take-home vehicles as it is not fair to single out one department, if there is to be cost sharing. Boca Raton: Police residing outside the City limits with take-home car: $20/mo. Delray Beach: Police residing beyond 15 miles from City pay $] 5/pay period. Jupiter: $50/pay-period Palm Beach Gardens: Up to 30 miles outside PBG allowed @$5/mile up to the 30 mile distance (30 miles'" $150/mo I FISCAL IMP ACT: In the case of the Police Department, the department implemented a take-home vehicle program in 2005 as part of the PBA Collective Bargaining Agreement. At the time, a cost analysis performed by staff showed that the 24 hour vehicle use (for squad cars) was more costly and resulted on wear and tear on the vehicles. The 24 hour vehicle use program called for multiple officers to share one vehicle for different shifts. The replacement cycle for 24 hour in-serVIce vehicles is 3 years, optimally. The take-home program extends the service time of the vehicle to 5 years. However, we have not completed one five-year term ofthe expanded take-home program to validate this assessment since the program began in late 2005. It should be evaluated in the next year. Staff will be reviewing all take-home vehicle assignments and auto allowances to determine appropriateness and level based on the operational assignments of the staff member receiving the take-home car or auto allowance. This review will be completed administratively later this calendar year as part of budget planning for next year The City uses auto allowances for field inspection personnel in lieu of purchasing City vehicles. This is principally in our Building Department and is also a collective bargaining matter in the White Collar CBA. For those employees receiving an auto allowance, all income taxes are paid on the allowance and the allowance is not included in pensionable income. Employees with a auto allowance are required to use their personal vehicles when performing local City business. It is important to note that City work need is not the only reason for either assignment of take home vehicles or auto allowances. It is a practice of most local governments to provide these vehicles/allowances as terms of employment, often as integral parts oflabor agreements (Police for example) and/or other employment agreements. This practice allows the City to be competitive in overall working conditions with other communities so that we can remain an employer of choice and attract quality staff. This is prominent in our Police CBA and all indications are that this CBA term has helped the Police Department to attract and retain qualified staff. You may recall a few years ago when the City was unable to fill all vacant Police positions. Boynton Beach does not have the top paid staff salaries among other Cities in the area. AL TERNA TIVES: I. Reduce or eliminate the take-home vehicle program via impact bargaining. In this scenario, employees would be provided a vehicle to use for City business during working hours but the employee would be responsible for transportation for the personal commute to and from work, regardless of the time of day or work purpose. Of course. the City could immediately eliminate take home vehicles provided to non-bargaining unit employees but I recommend that this action not be implemented until similar discussion is conducted as part of either collective or impact bargaining for those situations bound by collective bargaining agreements. It is desirable to treat all employees equally. S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 2. Eliminate or reduce the auto allowance program. In this option, if an employee must travel in the City as part of their work function, or must respond to after hours needs, the City would have to provide a vehicle for this purpose in lieu of providing an auto allowance. As part of a transition to auto allowances the past several years for some employees, we have reduced our funded fleet size and reduced fleet mechanic work load and staffing. These positive actions would be reversed by elimination of auto allowances and purchasing new vehicles. Should auto allowances continue, the allowance amount must be commensurate with the type and frequency of work performed and must fairly consider increasing employee personal vehicle expenses. 3. Evaluate the transition to paying the employee the IRS mileage rate of 57 cents per mile for use of the employee's personal vehicle for non-public safety work purposes. With this option it would be necessary to determine that an employee must own and drive a vehicle to work to use for City work purposes as a condition of employment. While on the surface this appears to be a compelling option, I am concerned about our ability to mandate that an employee drive their personal vehicle to work to use for City business. This could be an unjust condition of employment and goes far beyond a simple requirement that an employee possess a valid driver's license. However, there may be circumstances where very infrequent transportation needs during the conduct of normal work demands that the mileage rate be paid the employee or a pool vehicle be provided. ~ ~ Department ead's SIgnature City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC 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 o August 19, 2008 August 4,2008 (Noon) [gJ October 21,2008 October 6, 2008 (Noon) o September 2,2008 August 18,2008 (Noon) 0 November 5, 2008 October 20,2008 (Noon) o September 18,2008 September 2,2008 (Noon) 0 November 18, 2008 November J, 2008 (Noon) o October 7, 2008 September 15,2008 (Noon) 0 December 2,2008 November 17, 2008 (Noon) o AnnouncementslPresentations [gJ City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal o Code Compliance & Legal Settlements 0 Unfmished Business o Public Hearing 0 RECOMMENDATION: Request an amendment to the Palm Beach County Comprehensive Plan to reduce the number of lanes on Seacrest Boulevard from Boynton Beach Boulevard to the C-16 canal from four lanes to two lanes with a center turning lane by execution of the attached letter to the County. EXPLANATION: In June 2007, the CRA board selected the engineering fIrm of Kimley-Hom (consultant) to come up with designs for Seacrest Blvd. from Boynton Beach Blvd. north the C-16 canal to make the road more pedestrian friendly and attractive for planned redevelopment projects. Meetings between the consultant, CRA and City stafned to the decision that this particular section of Sea crest Blvd. should be narrowed due to the residential nature of the community. Kimley-Hom conducted a traffic study to determine if the level of service would allow a reduction in travel lanes. Based on the outcome of the study, Palm Beach County staff agreed that the road could be narrowed. The next step in the process is to request an amendment to the Country's Comprehensive Plan to reflect the desired design change. The amendment process will take up to a year. During that time, the consultant, City and CRA staffwill continue to meet to refme the design of the road. PROGRAM IMPACT: Heart of Boynton Community Redevelopment Plan FISCAL IMPACT: The cost to process the County Comprehensive Plan Amendment and design of the road will be borne by the CRA. %4A~~m~d,# fue Cooory com~~ful~seCtion of Sea crest M Department Head's Signature City Manager's SignattJre Assistant to City Manager ~ Community Redevelopment Agency Department Name City Attorney I Finance S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC October 2, 2008 Lorenzo Aghemo Director - Palm Beach County Planning Division 2300 North Jog Road West Palm Beach, Florida 33411 Re: Map Amendment Request for Round 09-1 Seacrest Boulevard Boynton Beach, Florida Dear Mr. Aghemo: The City of Boynton Beach, in coordination with the Boynton Beach Community Redevelopment Agency would like to request a modification to the Palm Beach County Comprehensive Plan to reduce the number of lanes on Seacrest Boulevard between Boynton Beach Boulevard and the Boynton Canal from 4 lanes to 2 lanes (plus a center turn lane). The "Future 2020 Roadway System By Number of Lanes" map included in the Palm Beach County Comprehensive Plan currently shows this segment as 4 lanes (plus a center turn lane). We respectfully ask that you include this request in the 09-1 Round of proposed Comprehensive Plan changes. We will work closely with Palm Beach County Planning Division and Traffic Division staff to provide analysis showing the impacts of the proposed map amendment. If you have any questions or need any information from us, please do not hesitate to call. Sincerely, Jerry Taylor Mayor ,"-~" .~ '1'1'lf'.(1"l:"T:~~ 1 .f' - \ ,'--. \ ',". \ \ \. \ \ \ \ \ \ \ Ii ., ...~ " ! I I, ... . ,:;,. 'mil: ~; ~':>,..!".:. ....' "'~~~.~ '" ~ XII. - LEGAL - 2nd Reading Non-Development CITY OF BOYNTON BEACH ITEM 8.1 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 ~ October 21. 2008 n August 19, 2008 August 4, 2008 (Noon) October 6, 2008 (Noon) 0 C> --I 0:;'1 :::;-< o September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) g -<0 ()"Tl ~ ;-0.'1 0 September 18, 2008 September 2, 2008 (Noon) o November 18, 2008 November 3, 2008 (Noon) ~ G t::J :::;;-.< ;t;:Z 0 0 November 17, 2008 (Noor~ "---j October 7, 2008 September 15,2008 (Noon) December 2, 2008 <.nO 0:::: 'i? """w ~r'" - ("")> 0 Announcements/Presentations 0 City Manager's Report 0 rrle") 0 0 :t: NATURE OF Administrative New Business AGENDA ITEM 0 Consent Agenda l&l Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Please place this request on the October 21, 2008 City Commission Agenda under Legal, Ordinance - Second Reading. On June 17, 2008, the City Commission approved this item for transmittal to the Florida Department of Community Affairs, including First Reading of the ordinance. The request was reviewed by DCA and is now ready for ordinance adoption. For the City's response to the state's Objections, Recommendations and Comments (ORC) report, please see the attached document. Please also note that additional changes have been made to the water plan as appropriate to achieve consistency with the 2008 update of the Capital Improvements Element. For further details pertaining to this request, see attached Department Memorandum No. 08-085. EXPLANA nON: PROJECT: Comprehensive Plan Amendments based on the to-Year Water Supply Facilities Work Plan AGENT: City-initiated DESCRIPTION: Request to adopt Comprehensive Plan amendments to incorporate State-required 10- Year Water Supply Facilities Work Plan and related amendments to four elements. PROGRAM IMPACT: Represents compliance with state law FISCAL IMPACT: N/A AL TERNA TIVES: N/A ~/) Develo or C;ty~ /] /~ h Assistant to City Manager ~/ / f.)~... ~anning andu1g Director City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC i ORDINANCE NO. 08- 01\0 , - , AN ORDINANCE OF THE CITY COMMISSION OF THE -+ CITY OF BOYNTON BEACH. FLORIDA ADOPTING THE 5 COMPREHENSIVE PLAN AMENDMENTS BASED ON 6 THE to-YEAR WATER SUPPLY FACILITIES \VORK "' PLAN; PROVIDING FOR CONFLICTS, SEVERABILITY. 8 CODIFICA TION AND AN EFFECTIVE DATE. q 10 \VHEREAS. the 2002 State Legislature expanded the comprehensIve plan requiremenb ] ] to strengthen coordination of water supply planning and local land use planning: and ]2 WHEREAS, the most significant requirement \',:as that each local gO\lernment adopt a ] 3 local lO-year Water Supply Facilities Work Plan into their Comprehensive Plan: and 14 WHEREAS, these local 10-year plans are to be based on the latest relevant Regional 15 Water Supply Plan, in the City of Boynton Beach' s case the regional plan is the Lower East 16 Coast Water Supply Plan which was adopted on February 16,2007: and 17 WHEREAS, local governments were given 18 months following the adoption of the 18 regional plan to prepare and adopt their own plans and any necessary implementing 19 mendments into their Comprehensive Plan. 20 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Y) Section 1. The foregoing "Whereas" clauses are true and correct and incorporated i' 1erein by this reference. _J 24 Section 2. The City' Commission of the City of Boynton Beach. Florida. hereb) 25 dopts the Comprehensive Plan Amendments based on the 10-year Water Supply ~ acilitics 26 /ork Plan, prepared for the City of Boynton Beach. dated ApriL 2008. a copy of \\ hJCIl IS . Ie "'\l Irdlnanccs\Cump Plan I\mendmenl (Il>ycar '" aler C;upp!\ Plan I d"c - 1 - 1 attached hereto as Exhibit "A". 2 Section 3. All laws and ordinances in conflict with any provisions of this ordinance 3 are hereby repealed. 4 Section 4. Should any section or provision of this Ordinance or any portion thereof 5 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 6 remainder of this Ordinance. 7 Section 5. Authority is hereby given to codify this Ordinance. 8 Section 6. This Ordinance shall become effective immediately upon passage. -th Ju,rle 9 FIRST READING this C!.-- day of ,2008. 10 SECOND, FINAL READING AND PASSAGE this _ day of ,2008. 11 CITY OF BOYNTON BEACH, FLORlDA 12 13 14 Mayor - Jerry Taylor 15 16 17 Vice Mayor - Jose Rodriguez 18 19 20 Commissioner - Ronald Weiland 21 22 T' Commissioner - Woodrow 1. Hay ~.) 24 25 26 Commissioner - Marlene Ross 27 TTEST: 28 29 30 anet M. Prainito, CMC 31 ity Clerk 32 .Corporate Seal) :\CA\Ordinances\Comp Plan Amendment (l (>year Water Supply Plan).doc - 2 - DEPARTMENT OF DEVELOPMENT PLANNING AND ZO~ING Memorandum PZ 08-085 TO: Mayor and City Commission FROM: Hanna Matyas Senior Planner ~ /, 'iJ/ THROUGH: Michael W. RumpfL...-{J. - Planning and Zoning Director DATE: October 1, 2008 RE: Request to adopt amendments to the Comprehensive Plan based on the "lO-year Water Supply Facilities It\lork Plan" The 2002 State Legislature expanded the comprehensive plan requirements to strengthen coordination of water supply planning and local land use planning. The most significant requirement was that each local government must adopt a local10-year VVater Supply Facilities Work Plan (WSFWP) into their Comprehensive Plall. Thest' local lO-year plans are required to be based on the latest relevant Regiunal Water Supply Plan. In the City of Boynton Beach's case, the regional plan is the '(Lower East Coast Water Supply Plan", prepared by the South Florida Water Management District. Initially, the amendments were to have been adopted by January 2005; hO\l\,\:,\1er( since regional plans were not completed in time for local governments tu meet the 2005 deadline, it was extended to allow local governments 18 m.onths following tbe adoption of the regional plan to prepare and adopt their own plans and any necessary implementing amendments into their Comprehensive Plans. TIle "2005-2006 Lower East Coast Water Supply Plan Update" was adopted on February 16, 2007 The completion of the WSFWP and related amendments \vas dl'layed due to tht' prolonged process of coordination on population projections between the Palm Beach County and municipalities, and also South Florida \t\later Management District. The proposed amendments were approved for h.ansmittal to the Deparhncnt of Communih Affairs on June 17,2008; the Department issued the Objections, Recommendations and Comments (ORC) report on August 29, 2008. In response to ORC a number of changes have been made to the proposed amendments and they are now ready for ordinance adoption. Attached to this memorandum please find the aforementioned staff's response to the ORC report, and a set of amendment pages to the four affected elements of the Comprehensive Plan. While the major proposed amendments are within the Potable Water Sub-Element of the Utilities Element, there are changes proposed to the Sanitary Sewer Sub-Element, the Future Land Use Element, the Conservation Element, and the Intergovernmental Coordination Elements. Please also note that amendment pages include Tables 5-1 to 5-4 of the Water Plant which needed to be adjusted for consistency with the 2008 update of the Capital Improvement Element. S:\Planning\HUDSON\EAH Amendments\ WATER SUPPLY am~ndments\CC docs iidopbor)\Cover Memo Adopbon.dor THE CITY OF BOYNTON BEACH RESPONSE TO O.R.c. REPORT The following is the City of Boynton Beach response to the objections, recommendations and comments to the Comprehensive Plan text amendments pertaining to the Water Supply \\/ork Plan and related amendments to the Utility Element including Potable Water Sub-Element and the Sanitary Sewer Sub-Element, Future Land Use, Conservation, and Intergovernmental Coordination Elements. 1. CONSISTENCY WITH RULE CHAPTER 9.1-5, F.A.C., AND CHAPTER 163, F.S. A. Obiection: Lack of Implementation Measures - Potable Water Suh-Element, Policy 3C.1.1 indicated that the City shall maintain the current 200 gallons maximum daily now per capita of peak population and reduce the level of service standard to 175 gpcd by 2013, and the IO-Year Water Supply Facilities Work Plan indicated that it will reduce per capita Llsage to 155 gpcd by 2025, but the policy does not indicate how either the 2013 or 2025 reduced level of service standard will be achieved. Thus, this policy, and its dependent Objecti vc 3C .1. and including the City's 10 -year Water Supply Facilities Work Plan does not provide specific, measurable, or intermediate ends that help achieve the intended water conservation Llse reduction. Authoritv: Sections 163.3 I 77( 4)(a), 163.3] 77(6)(a) and (6)( c 1, and 163.3] 80( I ) and (2), F .S.. and Rule Chapters 9.1-5.011 (I lea), (b), (cl, and (fl. (2)(a), (b), and (c); 9J-5.015(J ), (21 and (h F.A.C. Recommendation: The policy should be revised to provide meaningful and predictable standards and guidelines specifying programs and activities that provide a strategy for implcmenting this policy. The policy or policies should include meaningful and achievable measures that allow the City to mark the progress towards the accomplishment of the objective and policy to lower the potable water level of service standard through the cited benchmark years of 20 13 and 2025. CITY'S RESPONSE: The City's Level of Service standard is defined in terms of maximum daily flmv per capita of peak population. In addition, the City also uses a per capita average da\' \,vater consumption as a water management monitoring tool. In response to Objection A, the following policy language has been added and/ or changed: Potable 1-Vater Sub-Element: Policy 3C.l.l The City shall reduce its per capita average dav water usage from the current 159.3 to 155 gpcd by 2025 as indicated in the Water Supply Facilities Plan (WSFP). The stra1el!ies to achieve this reduction will he implemented through the Citv.s water conservation prourams, distribution loss reduction and reclaimed water proiects that are expected to achieve a reduction of at least a 1 gpcd per every 5 years. Policy 3C.l.2 The City shall implement distribution improvements through replacement of over 7 miles of leaky galvanized steel piping with new pressure-rated piping, thereby reducing water losses. The City will continue to expand its reclaimed water distribution system, serving primarily large users in coastal areas. Policy 3C.1.3 The City shall implement a replacement of potable water use with reclaimed water for irrigation purposes for at least 580,000 gallons per day by 2013. Policy 3C.l.4 The City shall continue the implementation of water conservation programs A through H as described in the Water Conservation Chapter of the WSFWP. In particular, the City will step up its school-targeted educational programs. Measurability: The City will monitor and measure the outcome of the water conservation programs and related activities that are intended to conserve water resource through the applicable conditions as required by the SFVVMD Consumptive Use Permit. Policy 3C.Ll-.2 The City shall continue to maintain the Level of Service standard of 200 gallons maXlffium daily flow per capita of peak population for water supply and treatment and shaUL through the implementation of its reclaimed water program (see Policy 3C.1.3), reduce this Level of Service standard to 175 gpcd by 2013. Conseroation Element: Objective 4.8 The City shall continue to consider implement a variety of options to implement potable water conservation measures such as rate structure, aquifer storage and recovery, education and reuse, and other policies and programs as listed in the Water Conservation Chapter of the City's Water Supply Facilities Work Plan (WSFWP), to reduce per capita averaee dailv water usaee from the current 159.3 to 155 epcd bv 2025. pel' capita water consumption rates to at least 175 gpcd maximum daily flow b)' 2013. Measurability: Reduction in per capita water consumption rates consistent with the - 'ObjectiVe. The 'CltJ'FWillJitbnttot'ttfldmeasrrreiheoutcome'ofthewater' conservation programs and related activities that are intended to 2 conserve water resource through the applicable conditions as require" by the SFWJvIO Consurnptive Use Per/nit B. Objection: Population Proiections: - The City utilized population projections which are different from those used by the County for the unincorporated areas served by the City. This docs not demonstrate coordination of the population and sharing of data from the C ount:- regarding common unincorporated area served by the City. Authoritv: Sections 163.3161(2) and (3), 163.3177( 1\ and (4 )(a), (6)(a), (6Hc). and 163.3180(2)(a), F.S., and Rule 9J-5.005(2): 9J-5.006(1)(g), FA.C.. Recommendations: The City should coordinate with Palm Beach County and the South Florida Water Management District regarding population to be served by the City in the unincorporated areas. CITY'S RESPONSE: The City did coordinate the population projections for the unincorporated Palm Beach County areas for which it provides water with both lhe County and the SFWMD. The reason for the discrepancy in the unincorporated County figures was the fact that the City submitted its Water Plan-related amendments prior to the release of the new University of Florida Bureau of Economic and Business Research county population projections (and the County's subsequent adjustment to TAZ-Ievel figures). The City obtained the adjusted projection numbers from the County and made the appropriate changes to the tables and charts in the 10- Year Water Supply Facilities Work Plan. presented on the following pages. Please note that, while changes in the tables are shown as the strike- through-and underlined (new) numbers, the included charts merely indicate which figures were replaced based on the corrected numbers. Utilities Element Potable Water Sub-Element Exhibit 1: lO-Year Water Supply Facilities Plan , ."....,... "",'''''''' __,.~~..~~..... ""_"'~-~>","$~~~_"""_' ",. "- ~"'" ___ - ~'" ~_ -'Or""" ~"" '~l- ."V-~,_ :;:",,.~ ~ 0 ~- o^c -""""....."."""'-~ c~.iime~:2: :PtJPulanon 17D~rJ!llSfOr'{:ity Uflloynton 'Be~i;n ~ ;Service Area 'So. ~L - ~~- - ~ -- ~ - ~ "- -, ~ . , c _ _ _ ~ ~ J Year Projected Interpolated Population Population 2[)()5 2005 94,79798,998 , 2006 ~loo,317 2007 ~JOl,637 2008 +G+,4groo ,485 2009 ~101.409 2010 2010 loo,9!MrJ 02,,1~+ 2011 ~103,625 2012 ~104,918 20B ~106,210 20J4 :w9,84&1 07,503 20J5 2015 111,&21108.796 2016 ~111,300 , 2017 ~113,804 2018 11-7,136116,307 2019 ~118.811 2020 2020 121,315 2021 ~123,924 2022 ~126,532 2023 ~129,141 2024 ~131,749 2025 i 2025 ~134,358 Note: Population estimates based on modified FlU Metropolitan Center Low Projections (2006) _ __ ~'}7~~4l?: ~~~'l~vi~ ~-ea~~{;T~ - 51 e ~ - .~~ . ,.., jj 2008 2010 2015 2018 2020 Boynton Beach (adjusted for slawdown - 1.5% growth until 2015 and 2 % thereafter) 67,855 69,865 75,153 79,753 82,975 Unincorporated Palm Beach County(per 30,049 29,807 30,735 33,536 Countl/ TAZ data for utilzties) ~ &M34 ~ ~ 35,261 Village of Hypoluxo (per County TAZ data for utili ties) 432 495 557 666 727 Town of Ocean Ridge (per county T AZ data for utilities) 1,713 1,733 1,918 1,918 1.918 Town of Briny Breezes (per county T AZ data for utilities) 436 432 433 434 434 Total Population Based Upon Jurisdictional 100,485 102.332 108,796 116.307 Population Figures ~ 103,959 111,321 117,156 121,315 Metropolitan Center (FlU) - Low Scenario Projection (approved by DCA for water planning in CIE) (NOI Februanl 2008) 102,941 112,384 12'),923 Fivi::-year population pJ;Qjections presepted in Table 4-2, have been presel1ted a9gapproved by the DCA:. 4 ED DB; ; ." I. Average Dailv Y I Projected . Interpolated I Per Caplta Demand 'AT D "d ear I" ',ater ernan i PopulatJOI1 Population (GPCPD) (I\1GD) I :coms I j-llf,j3;'JQ(.Jd!i~ I-~' __________ .~=-t-~----- -15Y.~~------ ----- ! 2009 i .. i____~10L40~. j5~1~___ l+r.J~~ '1[11(1 I ')010 i +(r,wg'I()'1~~-" 1 ""8' "-~']''', ~1 I .c,"'>; __"xlo'c., ~-05,131103,625 I ;~~:5 '----~l~----- ') I I \ -, -------:;---- ---- I 20L J~---------' W~104,918 ~__ I?~____~~~b.c~_ ~~(JJ 1 ! WS,J76106,210 158.0 .J..h.+lb.b -------- 2014 i .1fl9,S48107,503 157.8 '+';..,;'\171: --~---_._--~-~---~._--~------_.~-' 'J()::, I 2015 _;l-H;nll0tL?<!t" 1~~__ __ __ I, 2016 i ~ln,300 157.3 I 2017 I =1 ~113,804 r-----_-15i~o---_._ ~ I ~) -~) -j -1"" :1 r:: ' I J) 1" ~. +++,~>13 116,307_~'i\)~~__ i 2019 i I 118,811 15b.5 j.g.;'l8 ,tl I _..~...._----------~-_.._...---. -.. -..- 202Ci I 2020 ] :(1 ,'-\15 i] 56.3 I +----.--------- .-- ---- -- -,,- , 2021 : ~123,924' 156.0 ') ')') i ---~--r--.---- ---t- ;:.--.. ,.~.;:,---- ~O~_ ' I ~126,532, 1::>5.8 ~1~ I "()23 I 1')'7 ""'''129141 r l-'j 5 ~?O--I-...-- I '" , ~~ ---l---.. ::1.. 1---~~' ~-- I 2024 i I 131,749 ]55.1 ~20.5 ~ 2025 I ERr.~qm34,35g I -------- - -f - l.55~ci-..-- --~ ..--~2Cl..8 -~--' I ---'--.. I ~ Nair: ra m1"ta demilrzd (CPCPD) is defined by average daily dema11d oft/lfpermallCllt 1'0!'"lal1011 ' The C,h/ ' Ln,e( (l(SiT",,' 'c defi11ed by Poltcif JC1,J :/5 tile llWXHfWHl day dema11d flow I'J'01IJdrd 10 tile peak l'UPHllltlOll .:; ',b'~':!"\W<"-'OY~ J--;"~' :n,_~_,,_,~, __0'_____'_.' ,,---' ,'- , _ - C'-'-- '-', -, ..', _n_' -- ,-" -- -'-'-'- ,.. ., - C'5 "f::, l',~~,;.~"W~~i~~,,,"'c,"" ':'"",h,<.. "', ,"" OM', ,,\.,.j~b'~ 4~~:}'!~j,~t(!,~ W1l1@t ~~mm!d ~Y~~Urtj~l~li'lty,,$'J'Yl~, ,'~ . _ o,U', ,^"',, ~. ~,,' ._,. ,'-c." ,_', """,, d',~;'., .,~?,~ . \~~ 2008 2010 2015 2018 2020 i ~ , PCADD Demand PCADD Demand PCADD Demand PCADD Demand PCADD Demand 'I ~ , PODulation (aDd) (MGD) Population (Qpd) (MGD) (Qpd) (MGD) Population (qod) (MGD) Population (qpd) (MGD) r Population Boynton Beach (adjusted for slowdown - 1.5% growth until 2015 and 2% thereafter) 67,855 159,3 10,81 69,865 158,8 11,09 75,153 157,5 11.84 79,753 156.8 12,51 82,975 156.3 12,97 Unincorporated Palm Beach County (per 30,049 County T AZ data for 4,79 29,807 4.73 30,735 4,84 33,536 5.26 utilities) 3+,G+7 159,3 4B4 J+,4J4 158,8 4.00 :ww 157.5 ~ ~ 156.8 ~ 35,261 156,3 5,51 Village of Hypoluxo (per County T AZ data for utilities) ,___ 1--_.9~_ 159.3 0.07 495 158,8 0.08 557 157.5 0,09 666 156.8 0,10 727 156.3 0,11 --, --~- Town of Ocean Ridge (per County T AZ data for utilities) 1,713 159,3 0.27 1,733 158.8 0,28 1,918 157.5 0.30 1,918 156.8 0.30 1,918 156,3 0.30 T own of Briny Breezes (per County T AZ data for utilities)', 436 159.3 0.07 432 158,8 0,07 433 157,5 0.07 434 156,8 0,07 434 156.3 0.07 , Total Population (Based Upon 100.485 16.01 102,332 Jurisdictional Population 16.25 108.796 17.14 116,307 18.24 FiQuresJ - ~ 3Ai ~ ~ ~ ~ ~ ~ 121,315 18.96 Total projected from Metropolitan Center (FlU) for Boynton Beach SelVice Area (low scenario) approved by DCA for wafer planning in C/f(NOI February I 20081 ,,__ ,_,'" -'- __~'" ,__.. _102.9!1., _, 112,384 122,923 I 6 ~l!t,^)'j:/"~':'^;' ""~ ','~,. .~"",~,~~"".~".~ .,~. '. ,<'~O'-" . ,,- -, , . fi]t~'~~."'" c.~._-~~--' -~,,~--~,_.-.- .'--"'~ ", ~~~~--~'-"-'-'-'~':;'~;:1;' ;~~~,;::' T . . Water gtl~PIY Vll. Water tletnaritl J ",&'t.: r. .; ,," " . 'l:r lUJile".Yi _ . . . ,~ J if!. t ~ ~~.., ';~~;~ J :%;;~_""y)oi';.;l=~~.&:.b!" {~k;~\;t,fu;..;';m~ lj.~:\l;';~..\~~<~~n.<~.~ &>..._,",~.:;o,.~_._!!;~I,mi'a:::.J~Y~~ ",,-.....f1f!f! J:WAJiiL iii<~'~!...u.;.\\",~\:,)~;{; ,,,"~l:;~~\,...11~~2ot:;,,.:_,j;l ~"ai&jlt';~o1,.;:".~ ...:.1.1'1'>'"" ::...~&)~~~~~~(~ East Plant Capacity (MGD) West Plant Capacity (MGD) Water Phase 1 I Adjusted Eastern Western Tulal Westem Surficial Aquifer Proposed Floridan Total Purchase Additional Total .Average Day Surtlcia\ Suriicial East Plant Treated at West WTP Well Field + LPRO Treament West Plant From PSC Reuse Capacity I Demand Aquifer (a) Aquifer (b) ASR IC) To System (d) Raw (e) Finished (D Raw (g) Finished (h) To System (I) (MGDlli) (MGD) IMGD) I JMG12L 'rear 2007 8.0 2.0 10.0 119 10A 10A 20A ~fr716Z 2008 8.0 20 100 11.9 10A 10A 50 25.4 113,916.0 2009 8.0 5.0 130 7.5 6.6 66 50 246 1.B;lill 2010 80 50 130 75 66 6.6 50 10 ~246 ~15~ 2011 8.0 50 130 75 6.6 6.6 50 10 &6fi~ ~129 2012 80 /.5 5.0 205 6.7 5.0 50 10 10 27a26.~ 18A 16~1 2015 80 7.5 5.0 20.5 6J 5.0 50 10 I) P,.5265 17 716 2020 8U 1.5 5.0 20.5 67 50 5.0 10 10 m26,5 1 B 5 2U25 80 -,-~ -~ L_.,_.. 20.5 -- L-..........__.__~__L--__. 67 50 50 1\LL_ ... llJ. 27~26~__ ,~O O~ ----- - -_. ... limiting ,,;onditions Total East Wellfield Withdrawal- 8 0 MGD fotal SurficIal Withd!awal Dry Season (8r08) -15.5 MGD T olal Surficial WIThdrawal Wet Season (8/08) , 25 7 MGD East Plant Lime Softening (surficial) - 100% recovery efficiency West Plant Nano Treatment (Surficial) - 85% recovery effiCiency' 20% bi,pass/blending West Plant LPRO Treatment (Floridan) - 75% recQvery efflciellcy (a) - East wellfield IS limited to 80 mgd withdrawal (bl' Beginnilig 2010, available Surficial Aquifer water trom Western Wellfleld is pumped to the East WTP lor treatment and distlibulion (e) During dry seasoll (January, May), ASR lepresents a contribution to the system as the water is recovered and avaiiable for distribution limit ASR recovery 5 mgd Id), Tolal water availabte 10 syslerll' surficial treatment plus ASR recovery (e) - Beginning 2008, dry season Surficial Aquifer recover is limited to 15.5 MGD combined east and west wellfields (f). Existing:Finished capacity = 163 mgd raw water) x (0 85 membrane efficiency) + 13 mgd bi-pass I blending (20%1 1'.1)' Floridan Aquifer. quantity not limi\ed (111 Proposed West FlOridan Finished Capacity = 6.7 mgd x 0.75 (LPRO membrane efficiency) c 5.0 mgll Ii) TIJtRI W$st Plant contrillution West Plant converted to LPRO beginning 2012 (iJ Bulk purchase from Palm Beacl1 County. 5 MGD 11 MGD after 2012 Ih) - Reuse watelleduces water demand by 50% (Adjusfed = Average - 50% Of Reuse) "~;~~ ,:~ ~;,," (~~"f7'~-~~-~--~-~'" _,_m_.._,-- ---~ ---acfll1\~"y5:f --~, --.-- ---- -- - --- -".--.. ---- -~.~- ',"--- - "-===:; ':.~. "' ,." : Wat*!t su~~ly v!S. Watet beftlllrfd ; , , . <: d r " :' "'"''''~.1..""..<l2&,=,-""""",:'i''.a'.k. "... "'-. .=,',,, =~."'dh" ~ ~.' _ A!I'eraUl!,J:l~~.l.,Wef Pel:l{l.~ lJpll~. J:?et.l!mbl!t) . .. . ., ,,' ..0'". "~.,.J,"".,. '"_" =._Ck,- "'.., "~,,"'_,,,..: . .d..'tli East Plant Capacity (MGD) West Plant Capacity (MGD) Water Phase 1 Adjusted Eastern Western Total Western Surficial Aquifer Proposed Floridan Total Purchase Additional Total Average Day Surficial Surficial East Plant Treated at West WTP Well Field + LPRO Treament West Plant From PBC Reuse Capacity Demand Aquifer (a) Aquifer (b) ASR(c) To System (d) Raw (e) Finished (n Raw (g) Finished (h) To System (i) (MGD) OJ (MGD) (MGD) (MGD) 3ar J07 8,0 (2,0) 6,0 11.9 10.4 10.4 5,0 21.4 16.2#.7 108 8.0 (2.0) 6,0 11.9 10.4 10.4 5,0 - 21.4 16.Q.tM 109 8,0 (5.0) 3,0 11.9 10.4 10.4 5,0 . 18.4 15.5+&.J J10 8.0 (5.0) 3.0 11.9 10.4 10.4 5.0 1.0 -1M 19.4 15.B$,Q 111 8.0 - (5,0) 3.0 11.9 10.4 . 10.4 5.0 1.0 -1M 19.4 15.9~ 112 8.0 17.7 5.0) 20.7 . . 6.7 5,0 5,0 1,0 1.0 29-+ 27.7 jflJ -Uh4 . 115 8.0 17,7 (5.0) 20,7 . . 67 5.0 5,0 1,0 1.0 2fr.+ 27.7 16.6+h7- . 120 8.0 17.7 (5.0) 20.7 . . 6.7 5.0 5.0 1.0 1.0 29-+27.7 18.5 - )25 8.0 17.7 (5.0) 207 . . 6.7 5.0 50 1.0 1.0 29-+.W 20.~ Limiting Conditions Total East Wellfield Withdrawal. 80 MGD Total Surficial Withdrawal Dry Season (8/08) .15.5 MGD Total Surficial Withdrawal Wet Season (8108).25,7 MGD East Plant Lime Softening (surficial) - 100% recovery efficiency West Plant Nanb Treatment (Surficial) = 85% recovery efficiency + 20% bi-pass/blending West Plant LPRO Treatment (Floridan) - 75% recovery efficiency (a) - East wel~i!,lId is limited to 8,0 mgd withdrawal. (b) - Beginning;2010, available Surficial Aquifer water from Western Wellfield is pumped to the East WTP for treatment and distribution (c) . During dry,:season (January. May), ASR represents a contribution to the system as the water is recovered and available for distribution. Limit ASR recovery 5 mgd (h) Proposed West Floridan Finished Capacity = 6.7 mgd x 0.75 (LPRO membrane efficiency)" 5,0 mgd (i) . Total West;plant contribution. West Plant converted to LPRO beginning 2012 (j) - Bulk purcMse from Palm Beach County - 5 MGD /1 MGD after 2012 (k) - Reuse watEn reduces water demand by 50% (Adjusted = Average - 50% of Reuse 8 I Adjusted Average Facili~a~ ~~s (QllJis:itL~ I Year Estimated Day Water Demand Dry Season Wet Season Po ulation d (~G) (MG) MGD (MGD) MGD) I~ ~~ - - ---- I 2008 ~O+,4W- 100,485 1593 162Q 16.2Q 254 214 9;11 5;11 I 2010 ~ro,gw.102,332 158.8 16,a~ ~M15.8 24.6 184 8~ 242 2013 ~106,210 1580 1ic+ 16.8 16.9;2 26.5 26.7 9,910.2 10 +1 I 2018 +~116,307 156.8 1842 17.91 26.5 26.7 89!), lj..gg 0 I 2020 121,315 1563 19.0 18.5 26.5 26.7 8.0 82 I ! 2025 .:m,m134,358 1550 20.38 20.Q3 26.5 26.7 6.~2 6.14 i , '! F 9"']8' 5- 1 C;1ji' of 8::lyn~Dn Beach Pot3b'-e W'a1er Ser.'i::e P.re-a Projected Water Supp!)' a~j Cenand 'tt(lel. Season - (Jt.'n€ - De~ember) .......1!11I1:l1~ ~\'lIter Fnl~~tI ~........ -.....o;a IIlIlOa CiI .....~'eflllJe (3)' "":!Iler DemM:f IM'3D: 3D 0 -\., \2 25 '0 ,;e; "i..." ([DR PLACED .~ ~ d: .~ 21.J i - -- ;.~ ~~~ ~ \ ~~ ~~. ""J ....- }! ..... -- ~ .,..~ ~...- i . ~ ~ --~.__. ~5 ",'" - - -L:J 0 Inli'~l C'''IlIl!l:f"!: .2:J'J? .....e..,~e till, Der 3':! .. 15..Q MGO F1nlsr,~j Water ,.,\.~.t"tle .. 21.41 MGD 1D 2'JlJS 2 l:I liT ~J~I~ 2J:!15 :ID21l ~~:!~ :21330 Prcp')~~:! project::; 1. 5,,1.;;0 .:.......li/.:i II! h:1t I'll:: t,(Jr;. ,,!', !.f0:::; 1. i1.~1'::l......j .J- 'lnli tll<jJUiljl.1l ..J::l''''J''' 3 !IIfj!) !J.n,_ wtlllUJloO~ 'V '.':"111' ':-3 W;;OJ t i1..)!r;rBl ' ",CD h:.r "1_> ~ F!,,1.i:\!OlI r'\'<~~ :*0 !lI\lCi:. ",.,.tIN ~:I"::oo!,) ..- Jjt.Lii'-"'-,~.o:l E_ II~J \......... .........t l'i..dl"'r~ f' '/1]0.- "i';:'tiilil'i" Wt' 5........ <:1I~...::1f I, ';'.:!= W.xIJ. .41J r-l.... f"t.lO!'! "'~lr'l;o \...tih~J .4['. C'~If,'i''l \,":11 \"''IiUolllialll'.int f't.f~ nl,"I'-tiI~.I'1i'JttJoJ(\ I': t::-I'",U;;1t ih,.,.lU ;:"''''~'II' \'!'> NO!:,:. -4t1 15<, ~ __ 'u.....,'u~ ""11'1~:; (IY:' IN,::" k'~ ' "'(Ii) H. ....Gt(, 10 <.' 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", I - - - - :": :J; ::"; ", n :': 1:;,A\;.lO::zx.'o.,,,:,I.rc,r.r:;' pl.:';:- Pi.!::'L"'.;:';- C. Objection: Water Supply Coordination - Although Intergovernmental Coordination Element Policy 8.11.2 indicates the City will continue to coordinate population proj ections, levels of service, and future annexation areas with utility-use adjacent local governments, it does not specify how the policy will be implemented or achieved. Because there were no programs or activities identified to insure coordination between the City, the County, and other local governments regarding water supply needs, implementing alternative water supply projects, including reuse and conservation measures, establishing level of service standards, and served areas, the City has not demonstrated that it has coordinated with the County to verify that its population and water demand projections are coordinated and consistent with the projected demand anticipated by the County. Authoritv: Sections 163.3161(3), 163.3177(4)(a), (6)(a), (6)(c), and (6)(h)1, F.S., and Rule 9J-5.015(1)(a), (2)(a), (3)(a), (3)(b)1, 2, 3, (3)(c)1, 3, and 11, F.A.C.. Recommendations: Revise the Intergovernmental Coordination Element to include an objective and policies to ensure continuous and ongoing planning and intergovernmental coordination of water supply issues regarding coordinated population projections and levels of service between the City and other local governments that Boynton Beach supplies water to. These revised objective and policies should provide meaningful and predictable standards and guidelines specifying programs, measures and activities that provide a strategy for the City to use in order to accomplish the necessary intergovernmental coordination required to achieve the necessary water supply planning coordination. CITY'S RESPONSE: In response to Objection C, the following policy language has been added and/or changed: Intergovernmental Coordination Element: Objective 8.11 The City shall continue to establish and maintain agreements for provision of water and sewer services with adjacent municipalities and Palm Beach County. The City shall continue to establish and maintain interlocal agreements with neighboring governments that will encourage the provision of orderly and efficient water and sewer services in the service area. Measurability: Number of Interlocal Agreements maintained. Policy 8.11.1 The City shall continue to utilize interlocal agreements and service agreements with adjacent governments for the provision of water and sewer services on an on-going basis. Policy 8.11.2 The City shall. as a part of interlocal agreements, continue to coordinate population proiections and future annexation areas with utility-user adiacent local governments through the following actions: 12 . An on g0111g Development -and Utilities department review, through the IPARC notification svstem, of all future land use amendments to properties located within the City's service/future annexation area: . Once-a-year written notification system, requiring all City's utility user local governments to provide the Citv with (i) maJor redevelopment plans affecting the service/future annexation area: and ( ii ) population proiections if different from those provided by the county: and . Once-a-year written notification svstem, requestinl!, Palm Beach County to provide current populatio'1 proiections and providing the County with all changes to the Citv-generated population proiection numbers. Policy 8.ll.3 The City shall coordinate its level of service for potable water with all its utility-user adiacent local governments, in particular: . The City will annually contact its utility user local governments to provide them with information on any changes regarding current LOS standards or any changes of future LOS standards to be included 111 their respective Comprehensive Plan Amendments and the renewal of local service agreements: and: . The City will also provide said local governments with an implementation schedule of the potable water conservation measures, including reuse. Policy 8.11.4 The City shall provide its utility-user adiacent local governments with a copy of its annual update of the Capital Improvements Schedule for all capacity-related water supply facility proiects to be included in the respective updates of their CIS. Policy 8.11.5 The City shall continue to utilize interlocal agreements with adiacent local governments for the provision of water and sewer services in emergency situations. II. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN The proposed amendments DCA#08RWSP-1regarding the water Supply Work Plan and related text changes to the Future Land Use, Utility, Conservation and Intergovernmental Coordination Elements are not consistent with the following goals and policies of the State Comprehensive Plan Chapter 187, Florida Statutes, as noted, because the City's Water Supply Work Plan and related text changes do not demonstrate consistent population projections and 13 shared data and analysis, lack of appropriate policy implementation measures, and lack of water supply coordination between areas served within other jurisdictions: Goal7(a) (Water resources), Policy (b)5. Ensure that new development is compatible with existing local and regional water supplies. (Applies to all objections) Policy (b )11. Promote water conservation as an integral part of water management programs as well as the use and reuse of water of the lowest acceptable quality for the purposes intended. (Applies to Objections A and C) Goal 15(a) (Land Use), Policy (b)6. Consider, on land use planning and regulation, the impact on land use on water quality and quantity; the availability of land, water and other natural resources to meet demands; and the potential for flooding. (Applies to all objections) Goal 17(a) (Public Facilities), Policy (b)7. Encourage the development, use, and coordination of capital improvement plans by all levels of government. (Applies to all objections) Recommendation: Revise the proposed amendment to be consistent with and further the above referenced goals and policies of the State Comprehensive Plan as recommended elsewhere in this report. CITY'S RESPONSE: By addressing the concerns noted in Section I, these inconsistencies with Chapter 187, Florida Statutes, have been addressed. 14 I WSFWP AND RELATED AMENDMENT PAGES I UTILITIES ELEMENT POTABLE WATER SUB- ELEMENT Policy 3B.2.8 The City shall continue to enforce the land development regulations requiring that the stormwater storage and recharge potential of properties shall be retained and enhanced, where possible,. Policy 3B.2.9 The City shall continue to enforce the land development regulations requiring that post development runoff volumes shall not exceed pre-development runoff volumes, wherever possible. .Objective 3B.3 Development and redevelopment will be encouraged in areas presently served adequately by existing drainage facilities in order to prevent urban sprawl. Measurability: Number of infill development and redevelopment projects approved consistent with the objective. Policy 3B.3.1 The City shall continue to enforce the land development regulations maintaining a stormwater charge system so that new development will pay for its fair share of existing or planned capital facilities in accordance with the Stormwater Basin Plans. Objective 3B.4 The stormwater drainage regulations contained in the City's land development code shall provide for protection of the City's natural drainage features, which are the Atlantic ocean, the Intracoastal Waterway, and Lake Worth; and shall ensure that future development utilizes storm water management systems compatible with the City's stormwater management sub-element. Measurability: Number of development orders or building pennits denied for inconsistency 'with the objective. Policy 3B.4.1 The City shall continue to enforce the land development regulations requiring that new developments manage runoff from a three day, 25 year storm. Potable 'Vater Sub Element coal3C The City shall secure and Inaintain adequate potable water treatment and distribution facilities, take steps to minim.ize increases in. demal1.ds, and maintain sufficient and equitable financing 111.casurcs to provide services to p8tablewate1~ system customers. City of Boynton Beach 3-8 Date: l....ugust 190ctober 21, 2008 E.^.R bused Plan AmendHtefltsWater Supply Plan Amendments Utilities Element Amendments 08-1W5 Ordinance NO.OS-00716 Potable Water Sub-Element Goal3C The City shall secure and maintain adequate potable water treatment and distribution facilities, take steps to minimize increases in demands, and maintain sufficient and equitable financing measures to provide services to potable water system customers. Objective 3C.l The City of Boynton Beach will secure raw water supplies and treatment capabilities sufficient to meet water demands for existing needs and through buildout. Buildout needs are estimated to be 32 mgd, measured in terms of maximum daily flow. Measurability: Maintenance of raw water supplies and treatment capabilities at levels consistent 'with the o bjecti'l'c, I Policy 3C.1.1 The City shall reduce its per capita average day water usage from the current 159.3 to 155 gpcd by 2025 as indicated in the l!\Tater Supplv Facilities Plan (WSFP) , The strategies to achieve this reduction will be implemented through the City's water conservation programs, distribution loss reduction and reclaimed water projects that are expected to achieve a reduction of at least a 1 gpcd per every 5 vears. Policy 3C.1,2 The City shall implement distribution improvements through replacement of over 7 miles of leakv galvanized steel piping with new pressure-rated piping, thereby reducing water losses. The City will continue to expand its reclaimed water distribution system, serving primarily large users in coastal areas. Policy 3C.1.3 The City shall implement a replacement of potable \vater use with reclaimed water for irrigation purposes for at least 580,000 gallons per day by 2013, Policy 3C.1.4 The City shall continue the implementation at water conservation programs A through H as described in the Water Conservation Chapter of the WSFWP. In particular, the Citv will step up its school-targeted educational programs. MeClsurabilihr: The City will monitor and measure the outcome of'the water conservation programs and related activities that are intended to conseroe water City of Boynton Beach 3-9 Date: l\ugust 190ctober 21, 2008 E,^.R based Plan ,^.mendmentsvVater Supply Plan Amendments Utilities Element Amendments 08-1WS Ordinance No OB-OG716 resource through the applicable conditions as required by the SFWMD Consumptive Use Permit. Policy 3C.Ll-2 The City shall continue to maintain the Level of Service standard of 200 gallons maximum daily flow per capita of peak population for water supply and treatment and shall reduce the Level of Service standard to 175 gpcd by 2013. Policy 3C.l.~2 The City shall continue to maintain the raw water supply production capacity to meet maximum day demands with the largest operating well out of service. Policy 3C.l.3Z The City shall expand and maintain water treatment facilities that produce potable water of sufficient quality to meet all applicable Federal and State regulatory requirements. Policy 3C.l.4~ The City shall ensure that the capacity of the treatment facilities will be sufficient to provide the standard level of service to the estimated peak population with the system's largest unit process out of service. (A unit process is a technical term for a functional set of equipment in the plant.) Policy 3C.l.e2 The City shall require that new water treatment facilities will be sized to meet build out potable water demands, estimated to be 32 mgd, maximum day flow. Policy 3C.l.elO The City shall require that all new and existing structures connect to public, regional, or municipal water and wastewater systems when such systems become available. Policy 3C.l.711 The City shall not permit new development with individual private wells Policy 3c.l.~n2 The City shall require that all City owned water supply wells in the Boynton Beach service area shall be metered. Policy 3C.l.913 The City shall permit no activity that would result in the degradation or over-utilization of potable water resources. Policy 3C.l.M14 The City shall continue to protect present and future potable water wellfield locations identified in the Water Supply Plan to assure that water resources are not negatively impacted by development, excessive draw down, or saltwater contamination through City of Boynton Beach 3-10 Date: August 190ctober 21,2008 M-R-baseG-~afl-i\mcndmcntsWater Supply Plan Amendments Utilities Element Amendments 08-1WS Ordinance No.OB-DG'116 implementation uf the Palm Beach County Wellfield Prcltectior: Ordinance. Objective 3C.2 The City of Boynton Beach will provide distribution services to its potable water customers that are adequate to meet flow levels projected in the City's Water System Modeling Study. Measurability: Number of potable water system distribution llnprovemen t5 lnadc consistent with the objective. Policy 3C2.1 The City will implement the capital improvements to the potable water distribution svstem described in tht' 5- Year Capital Improvements Schedule. \^l.J.tcr Supply Pbn. Policy 3C2.2 The City shall prioritize system needs for renewal, replacement, and betterment. Capital improvenlents considered necessary to maintain the system in good working condition will be made on a timely basis. Polin' 3C2.3 The Citv shall ensure that new distribution facilities will be sized to meet buildout conditions, including redevelopment. Policy 3C2.4 The City shall continue to update and implement the m.J.ctcr pbl",> Water System Modeling Study for bcility distribution system expansion as needed based upon de\'elopment and projected growth. Policy 3C2.5 By 2013, the City shall replace sub-standard water lines in the area east of Interstate 95 and south of the Bovnton Canal. Objective 3C.3 The City of Boynton Beach will continue to consider options to implement water conservation such as rate structures, aquifer storage and recovery, education and reuse and education. MeasurahilIty: Number of options considered and implemented. Polin' 3C3.1 The City shall continue to annually advise "vater users in Bovnton Beach, during the dry season, to reduce potable water usage for landscape irrigation, and to properly time irrigation activities. Policy 3C.37~ The City shall continue to enforce all water use restrictions consistent v,rith any water shortage or water shortage emergencv --. -~----_.__._~-_.._--~.._- --_._--_._-~ City of Boynton Beach 3-11 Dale: AH~October 21, 2008 EAR-based Plan AmendmentcWater Supplv Plan Amendments Utilities Element Amendments 08-JWS (JrdinancC' No.08-0G+li' declared in accordance the South Florida Water Management District Water Shortage Plan. Policy 3C.3.~~ The City shall continue to utilize a water oyotcm conservation rate schedule structure to discourage excessive water use. Conservation will be further encouraged by using potable water flows in the development of sanitary sewer charges. Policy 3C.3.3 The City sh~ll continue to enforce the 'N~ter Shortage Ordinance ,,,,hen neces::;~ry. Policy 3C.3.4 The City shall continue to encourage uses of non-potable water, including groundwater and treated wastewater effluent, for landscape irrigation where possible. (See Policy 3A.3.3). Policy 3C.3.5 The City shall continue to encour~gerequire Water Wise ~ vegetation for landscaping, ~nd where poooible, will impose minimum requirement:; on 111 all new developments and redevelopment projects; and by the end of 2008, will further revise its Landscape Code to promote resource conservation and prevent polution of the water bodies. Policy 3C.3.6 The City shall continue to implement programs requiring or encoura geing the use of water saving devices for, irrigation systems, and plumbing fixtures in the City's service area. Policy 3C.3.7 The City sh~ll continue to enforce all 'sater uce restrictions consistent with any water shortage or 'water ohortage emergency decla.red in accordance the South Florid~ '.^later Man~gement District W~ter Shortage Pbn. City of Boynton Beach 3-12 Date: August 190ctober 21, 2008 E:'.R based Plan :\.mcndmcntsWater Supply Plan Amendments Utilities Element Amendments 08-1WS Ordinance No.08-0G716 Objective 3C.4 The City of Boynton Beach will fuRd-operate its potable water system in such a way that all capital improvements, replacement and rehabilitation, and operation and maintenance costs such that costs are borne by system customers on the basis of the cost-e!-for-service. Measurability: Number of capital improvements to the potable water system fincanced with enterprise funds. Policy 3C.4.1 The City shall continue to operate the potable water system as an enterprise, such that all costs will be borne by water utility customers, and revenues will be used for the benefit of those customers. The rate schedule for water services will be based on public utility cost-of-service principles. Policy 3C.4.2 The City shall continue to require that costs for the extension of service to new customers will be borne to the maximum extent possible by those new customers through a capital facilities charge and connection charge system. Policy 3C.4J The City shall continue to maintain a reserve fund for routine system renewal and replacement at a level equal to $1,000,000 for water, wastewater and stormwater ,or at the level required by bond covenants, whichever is greater. Policy 3C.4.4 The City shall continue to require that new developments install water lines according to City specifications in order to receive development approval. The new lines will in most cases be deeded to the City. Objective 3C.5 Prevention of Urban Sprawl. The City will continue to prevent urban sprawl by requiring orderly, compact development of the potable water service area as it approaches buildout. Measurability: Expansion of the potable water service area only when consistent with the objectiDe. Policy 3C.S.1 The City shall continue to encourage infilI development and redevelopment only 111 areas presently served adequatel" by potable water facilities. -~-~--~--,--_._~._-_.._~-~~--- --"--.---.-. - --- City of Boynton Beach 3-12a Date: /\ugUGt 190ctober 21, 2008 ~ascd Plan An'ccndmcntsWater Supply Plan Amendments Utilities Element Amendments 08-JWS Ordinance No.OS-OG+1b Policy 3C.S.2 The City shall only extend potable water facilities through the service area in a systematic fashion. Services will not be extended more than one mile to ensure service within the franchise area. Policy 3C.S.3 The City shall continue to discourage urban sprawl by requiring new development to pay the full cost of extending potable water facilities. Thus, the development of remote parts of the service area will be more expensive than compact development. Objective 3C.6 The City shall continue to implement a program to eliminate existing deficiencies according to the schedule presented in the Capital Improvements Element. Measurability: Number of projects in the Capital Improvements Schedule consistent with the objective. Policy 3C.6.1 The City shall continue to make priorities for replacement, correcting existing deficiencies, and providing for future needs according to need. The need shall be determined by the Utilities Department through a master planning process. The priorities shall be reflected in the Capital Improvements Element such that the improvements needed first shall be implemented first, in order to provide the standard level of service. Objective 3C.7 The City of Boynton Beach will implement the Water Supply Facilities Work Plan (WSFWP) in order to meet the City's water demand through 2025. The Work Plan will promote projects aimed at diversifying the City's sources of water to reduce dependency on the surficial acquifer and improvement of existing infrastructure to enhance the system's efficiency. Policy 3C.7.1 The City shall maintain a Water Supply Facilities Work Plan (WSFWP, or Work Plan) for at least a ten (10) year planning period addressing water supply facilities necessary to serve existing and future development within the City's water service areas. The Work Plan will be updated within 18 months following an update of to the Regional Water Supply Plans. Policy 3C.7.2 The City shall coordinate with the South Florida Water Management district to assure the consistencv of its Work Plan with the East Coast Regional Water Supply Plan. The City will also coordinate pEmnil1g efforts willi. thOse ~ of aU jurisdictions to which City of Boynton Beach 3-12b Date: J.ugust 190ctober 21, 2008 Ef.R based Plan f.mendmentsWater Supply Plan Amendments Utilities Element Amendments 08-1WS Ordinance No.08-0Q.716 it provides water service regarding population projections anL1 other water demand and distribution factors. Policy 3.C7.4 The Citv will bring on-line the second Aquifer Storage and Recovery (ASR) well to increase water availability, beginning in the drv season of 2009. Policy 3.C7.5 By 2010, the City will expand its reclaimed water svstem distribution network to serve additional large users and continue to reduce potable water usage for irrigation. Policv 3.C7.6 The Citv will improve efficiency of its water treatment operations through interconnection of the two water treatment plants to supplement the eastern wellfield, where withdrawals are limited due to its proximitv to the Atlantic Ocean, with additional water from the west, to allow to utilize presentlv idle capacitv of East Water Treatment Plant. Policy 3.C7.7 By 2012, the City will construct up to 5 new Floridan aquifer supplv wells as an alternative source of ground water, and retrofit its \Vest Water Treatment Plant to treat the aquifer's brackish water. EXHIBIT 1: lO-YEAR WATER SUPPLY FACILITIES WORK PLAN ~~-_..._-_._-------~--- .---..--. '- City of Boynton Beach 3-12c Date: Aubu~l190ct()ber 21,2008 BAR based Plan :\n~endmcntsWater Supplv Plan Amendments Utilities Element Amendments OH-] WS Ordinance No.08-0G+16 lO-Year Water Supply Facilities Work Plan Potable Water Sub- element, EXHIBIT 1 Table 4-2: Population Prnjections for City of "Boynton Beach Service Area v Projected I I I . 1 ear PIt" nterpo ated Popu ahon opu a lOn ---1- __ ___ ::'::105 2005 ').:h7-w~'(!0.'1'I0 .==:'::::"=~ .'~-'-_.--i -~ ~. -~~~-- - -- ~ ~ 2006 . I l,l~100,317 -j-200-7-1- ~-==]_=____~101.6:iZ ---.--- 2008l-f+j~;;l.QQ,1~2 1------------------------ 2009 lOO~l 01.409 20W 2010 ~%lflO::;,332----' - u - 2011 ' 1~103,625 -_.._._-_.,_._--~_._-_.~. 2012 ~104,918 2013 '_ ____ ____ ~106,2IQ 20]4 ~107,503 ---2c)i 5 pOlS IIJJ2?d_iQs,..zq~__==__=~=_'~~~=_~.--------~ 20] b I 113,247111,300 ~ I ~113,804 ------ 20]1\-1 J,;:,-15"iJ li),}Q7 ------ ! 2019 [-- 119~2i6-i18.8n-------- 2020 i ~~~~ r- -- 1=~0'15 -=---,_ ---~ 123,530'l23,924 -~~~-=_ i 2022 : ~126,532 - - ! 2023 1- 1-2.-7,9€*l129, 14] I-- I 2024 1~131,749 ::'025 -1 2025 +;;:2,J9m2,:L00_0 - - - -- Nute: Population estimates based on modified FlU Metropolitan Center J .ow Projections (2006) Boynton Beach r'JdJ.ustedfor slowd07I'n - 1.5% gnwtiJ until 2()F !,~ _ _ ..,,,', . . ~ j' al1d 2% thereafter) I Of ,855 69,s'60 . ::>.153 ,'9,753 i 82,9/5 ---:---------------1 1..-'-~- ---------.--~.______t -- Unmcorpurated Palm Beach County(pcr :3Q,042 29,807 30.735 33,53b Coul1hj TAZ data (or utilities . ~ &l,G17 ~1-,4\4 i _~ ~_ 35,261 I Village of Hypoluxo (per County TAZ cia/a/nr . I I.liz/ltles) L 432__ 495-1_____ ,.j571~__~ _7'2'7 I Town of Ocean Ridge (per county TAL data/Ln ! .' l I utilzties) 1.713 1.733 _1~~~[_1,9~l-- __},918I , "own of Briny Breezes (per county TAZ data for . I utilrtles) ! 436 i 432 i _ 433 434 ~ _____...434 I . Total Population Based Upon Jurisdictional 1100,485! 102,332 . 108,796 I 116,307' I Po ulation Fi ures I 1~' 103,959 I 111,321 I 117,156 I 121,3]5 Metropolitan Cmtr)' (FiU) - Low Scenarin Projection i (npprcmed blf DCA 7i'ata planning 111 elEi L (NO/ FCr'1@'lj20081 ___________.1..02,941 112,384 ___ ~22,q~~_ Flvc- year pupulatlon prolectlons presented in Table 4-2, have been presented and appruv(>d ]w the [)(~"-\- p ]C' I :'A:v~li' e9ail Water Delnand (MGD) 2008 ~] 00,485 159.3 ~16.0 2009 ~101,409 159,0 ~16J 2010 2010 ~102,332 158.8 ~16.3 2011 ~103,625 158.5 +&.+16.4 2012 ~104,918 158.3 ~16.6 2013 ~106,210 158.0 .:.!+:+ 16.8 2014 ~107,503 157.8 ~17.0 201 5 2015 ~] 08,796 157.5 .f.7,.917.1 2016 ~111,300 157.3 :gz,g 17.5 2017 ~113,804 157.0 ~J7.9 2018 ~ J 16,307 156.8 -l-&418.2 2019 11 8,811 156.5 :t&718.6 2020 2020 121,315 156.3 19.0 2021 ~123,924 156.0 19.3 2022 ~126,532 155.8 .f.lM19.7 2023 ~129,141 155.5 ~20.1 2024 131,749 155.3 ~20.5 2025 2025 +.:\.2-,J.Q~n 34 ,358 155.0 ~20.8 Note: Per capitn demand (GPCPD) IS defined by average daily demand of the permnnent population. The City's Level afService is defined by Policy 3C.1. 1 as the maximum day demand fluw prO'vided to tire peak population. 111e City has a single pet capita average day demand (PCADD) in aggregate of 160 gallons per capita per day. TIlis value combines industrial, commercial and residential usage because water Llsage can not be separated by sector classlfication by the City's billing system. Overall, it is anticipated that all future growth will match the current use distribution (residential versus non-residential). The current per capita average day demand represents finished water and combines system losses, production in efficiency, and the variations of water use by the different geographic areas. Table 4-6 projects the overall system per capita average day demand onto the component municipalities to project future water demand. Although it is not possible to isolate individual water demand, it is anticipated that the City, unincorporated Palm Beach County and the Town of Ocean Ridge will continue to use a similar, higher per capita usage while the Village of Hypoluxo and the Town of Briny Breezes will have a lower per capita usage because of the distribution of small homes, small lots and the percentages of multi-family dwellings. - 19 - Y<;'~"('" ~ M" . ~ "~ \ ,_ '" J;~~ ",~,,;;i.JC"""<_ "' ~M' ., " U",", ,,", " ,J)I~Je,,~~6: prl;)jepte~ .wat~r De~al1~ ~y ,Mp.I1I~I~ality S!!I'Y!d" , , . ' , " " d '^ " ~ ...~ I I . --I :~oo D:;;;n.. '--1 :::0 Demeod ~,::r:~:~~'I--~emand-'" -- ;~~8DD-' Demand . p:~:OO r -~:r~~~~~'- : I i I I Populiltio'i l (9Pd) (MGO; POpl;!ot,OII i (9pd) (MC;g) Population _ (9pdL (MGO Population d ~c;gl PS)jlulaJiCJr1..~) --I. (MGO) I Boynton Beach! i 4 I I I I I I (adjusted for slowdown II! I 15% growth unbl2015 i Lan~~therea!ter) 67,855 i_ 1593__ 10.81 __...69,865 II _1~88 _ 11.09s..153 __J.5~L,1184 _ 79,75] 156.8, 1251 82,975 __._l~~} I 1297 II Unincmporated Palm III I , ! I' I I Beach County (per I I I ! Co~nly lAZ data fer 30,0~~ I j -SZi! 29807 ,4.73 30,735 '4.84 23,536\ 5.26 'Je' I i r, ~1 ! ,d,,,",) 31,0,' I' 59 3 W 31,434 1588 I 4.9 ",,260 157.5 5.24 _. 156 8 J "" d61 t ",63 I" i Village of Hypoluxo I I I I I! 1 (per County TI\Z data ,I I I I I ' ! fO.llJIiliuesJ 4321 ',593 'J.07 495 L1,58 8 J_ 0,085,57'1'- ~1~,+. 0 09 6G6uL1_~68 0,10 /27 I 1563 [ I I' I I I' Town of Ocean i ,i Ridge (per County i " I, TAZ dat<l,for..utriiti.e2) 1713! 1593 112/17]311_ 158,8! 0.28 12l1~J 15i 5 0,30 1,~.!.8 156.8 L 0,30 1~ii3 . 156.:d i I I! i I I I I " i I I I I I I 43~l 159.3 ()D7__....431.L,__~_o07_d_15Li_,__~L~_._ 4}4J 1~6.8 007 _4~~1 1563l :jU/ iotal Population 'j . -,-- ....--JI------.I I -. LJI~ '---r I ' I (Based I'ron! I 1 JUriSdiCtiOnaIPOP.lIIJt.iOr'.,.. 100.4..L.51.1..6...01. ..102. ,332 ..... 1.16.25 i 108,796 ..... ..... .17.14 116,307. I 18.24 I i ""',,' ." .__'01,4"_ '''''' .1.-~T """ ""'" . ~. "'" .. 117,,," I ""71''''''5.,. .L 18.96 ~:~~;~/;~a~~~~~; ! "'j' __'1 --, - m 1 U II -. I_~n_ I - ..... (FlU) for Boynton Beach I I I I Service Area !low I ' scenaIJol approved by I, I I UCA for water plAnn'nc; ~ I' III ClE(Nnl FeblUa'v ~ ",]1181 ! ,;",'1 ""'"4 I \)'" ..; v , ,; ',,"-,' t, 1/_ __Ju... ' L. 'II Table 5.5 Water Supply vs. Water Demand Average Day. Dry Period (January. May) East Plant Capacity fMGm West Plant Caoacitv lMGDi Water Phase 1 Adjusted Eastern Western Total Western Surficial Aquifer Proposed Floridan Total Purchase Additional Total Average Day Surficial Surficial East Plant Treated atWestWTP Well Field + LPRO T reament West Plant From PBC Reuse Capacity Demand Aquifer (a) Aquifer (b) ASR (cl To System (d) Rawle) Finished (~ Raw (g) Finished (h) To System (i) (MGD)li) (MGD) (MGD) ~GDl Year 2007 8.0 2.0 10.0 11.9 104 lOA - 20A +3+16.2 2008 8.0 20 10.0 11.9 104 lOA 50 - 254 ~916.0 2009 8.0 5.0 13.0 7.5 6.6 6.6 5.0 24.6 -1Y15.9 2010 8.0 5.0 13.0 7.5 6.6 6.6 50 1.0 ~24.6 -14G15.8 2011 8.0 50 13.0 7.5 6.6 - - 6.6 50 1.0 ~24.6 ~159 2012 80 7.5 5.0 20.5 - 6.7 5.0 5.0 1.0 1.0 ~26.5 ~12J 2015 8.0 7.5 5.0 20.5 - 6.7 5.0 5.0 10 1.0 m26.5 lP166 2020 8.0 7.5 5.0 20.5 - - 6.7 5.0 5.0 1.0 1.0 ~26.5 185 2025 80 7.5 5.0 20.5 - 6.7 5.0 5.0 1.0 1.0 ;y.,a26.5 20.G3 Limitin9 Conditions Total East Wellfield Withdrawal- 8.0 MGD Total Surficial Withdrawal Dry Season (8/08).15.5 MGD Total Surficial WIthdrawal Wet Season (8/08) - 25.7 MGD East Plant Lime Softening (surficial) - 100% recovery efficiency West Plant Nano Treatment (Surficial) - 85% recovery efficiency + 20% bi-passlblending West Plant LPRO Treatment (Floridan) - 75% recovery efficiency (a) - East wellfield is limited to 8.0 mgd wIthdrawaL (b) - Beginning 2010, available SurfICial Aquifer water from Western Wellfield is pumped to the East WTP for treatment and distribution (c) - During dry season (January - May). ASR represents a contribution to the system as the water is recovered and available for distribution. limIt ASR recovery 5 mgd (d) - Total water available to syslem . surficial treatment plus ASR recovery (e) - Beginning 2008. dry season Surficial Aquifer recover Is limited to 15.5 MGD combined east and west wellfields (~ - Existing Fir1)shed capacity = (6.3 mgd raw water) x (0.85 membrane efficiency) + 1.3 f1'1:ld bi-pass I blending (20%) (g) - Floridan Aquffer - quantity not limited (h) - Proposed West Floridan Finished Capacity = 6.7 mgd x 0.75 (LPRO membrane efficiency) = 5.0 rngd (i) - Total West Plant contribution - West Plant converted 10 LPRO beginning 2012 OJ - Bulk purchase from Palm Beach County - 5 MGD /1 MGD after 2012 (k) - Reuse water reduces water demand by 50% (Adjusted = Average - 50% Of Reuse) ~ table 5.6 Water Supply VS. Water Demand Average bay. Wet_Period (June. Decemb!!r) - , _~_ East Plant Ca acityj~G9) West Plant CapacityjMGD) Water Phase 1 Adjusted Eastern I Western I 10tal Western Surficiat Aquifer Proposed Floridan -~ Totat Purchase Additional Total A verage Day Surficial I Surficial I East Plant Treated al West WTP Well Field + LPRO Treament West Plant From PBC Reuse Capacity Demand ,~,quirer (a) Aquifer (b) .~SR (c) I-.:::em ~~) __Raw_~~ Finished (0__ RaW(:) _Flnl::ed (h) To System (I) (MGD) OJ (MGD) (MGD) (MGD) Year -~-~- - i I I I 200? 8.0 (2.0) i 6.0 119 I 10.4 10.4 50 21.4 .1Q1-t&i' 2U08 80 (20) I 6.0 11.9 10.4 10.4 50 214 16.0~0g 2009 80 (5.0) I 3.0 11.9 10.4 104 5.0 18.4 15.6-*3 2010 8.0 (5.0) 3.0 11.9 10.4 104 5.0 1.0 1MlM 1M+eJJ 2011 8.0 (50) I 3.0 119 10.4 10.4 5.0 10 -1M 19.4 jjJJ~ 2012 8.0 17.7 5.0) ! 20.7 6.7 5.0 5.0 1.0 1.0 '&+ 1l.7 I 1.6.J -1B4 i i 2015 80 I 177 (5.0) ! 20.7 67 50 50 10 ~ 0 '&+ ~7 - I 122177 , ~. _L_L i I 2U20 8.0 17.7 (50) ! 70.7 ti 7 5.0 50 10 1.0 'lM)77 I 1S.5 I 1 I ' I I i :L~Bci dJI. I 202:; 8.0 17.7 (50) : 20.7 67 50 50 10 2QJ20c1; i i 1 --~~_. ______-L__ __.___.~__.._._,___ - I limiting Conditions Total East Wellfield Withdrawal - 8.0 MGD Tolal Surficial Withdrawal Dry Season (8108) - 155 MGD Total Surficial Withdrawal Wet Season (8/08) - ~'5 7 MGD cast Plant Lime Softening (surficial) - 1UU% recovery effiCiency West Plant Nano Treatment (Surficial) = 85% recovery efficiency + 20% bl-pass/blending West Plant LPRO "[reatment (Floridan) - 75% recovery efficiency ! a) - I:ast wellfield is limited to 8.0 I1llJd withdrawaL (0) BegiIHlIllg 2010. available SurflciCJ! ."'qulte! wale! from VVesrern Weilfie!d IS plJlr,ped to tire Fast WTP tDf !reatmslf! ;lIId dislributior' uurll1g JlY seaSUl1 i,J.:HllJi-:lJY ~viay), ASk repres8:i:s,j IJuflHiliutl!lrl iU triP syqern as U18 water IS iPC:UV~3fe() dfl(j avaliabie for uistrrbutH::m. Urn:t ,,~;r~ 1[:"UVCiy~) myd [Iii f'roposed West i-Iullunn hnlshed Gapaclty'. bJ Ingo x (j 7~ (LPRO membrane effiCiency) - 5 U mgd (I) - Total West Piant contrioutlon- West Piant converted to LPRO beginning 2012 (I) - Butk purchase trom Palm Beach County 5 MGD /1 MGD after 2012 i ~ ht~U:-:'f: w;,ler IHiIJI".f:;::- W;jjn! :jnfTlrmcJ by' ~IO% (.t\dill.C;.I!Jd - r...vpr;;qr-> r,(/';;, ,f Rnj i'~{ Table 5.7 Boynton Beach Water Selvice Area Potable Water Supply-Demand Analysis Per Capita Average Daily Adjusted Average Year Estimated Demand Water Demand Day Water Demand Po ulation MG 2008 ~ 100.485 159.3 16.2Q 16.2Q 25.4 21.4 9.21- 521- 2010 -+W,llW-102,332 158.8 1~~ +e,(l15.8 24.6 18.4 8.~ 2.4Q 2013 ~ 106,210 158.0 -1+.+16.8 16.e~ 26.5 26.7 \Ml10.2 10~ 2018 ~116.307 156.8 18.42 17.9Z: 26.5 26.7 8.~ g,g9.0 2020 121,315 156.3 19.0 18.5 26.5 26.7 8.0 8.2 2025 ~134 358 155.0 20.a8 20.Q3 26.5 26.7 6.52 6.+4 I.' 1'" U ,~ ~ \.1' .... (;t .~. N \ It> III ..... ",,1: . 5 w~ " .~ co ~. ;; " <- ~ :. " ~ 'l\ " .0 ~ · ,.' "",." '. ,'" ",'" ~ " ~", w ~ .' '" <' ., .~~' w " ' ..,t ~.'. (lJ ~ ,.. r. ,5 '" ", C \ .,; 1. · -;: iII.:t<' ' \ ~ T, .. "' '" '" .' . ' . \. ,Ifi. "" F · ~ · ~ - , ." ,,' ", . , :P <0 ~ · ...... - ~~';,I.. ..... .-" ~ ,'''' ~, 'J;;"" ,0"' \J-.Q 'f: C t.J '\ 'O! ,- ~ I"' ~ ,. 0 · "- _.' "..,. ri '" - ". ." ..~. ~ ' .,."~ ",' "," "n .,_-2 ",," ~ - ;.,,-", CO 0 w ,c,'" "".J "~'::S' " \ I" >'" -.'.' ~-. ,,'~ " ' .," ..,,' '\J.I III 1":1 \? ~ \ ~ ,; - 'l. '5 ~,~ ,.. .. .. ' ~. ". Oe-- "" \ \l. ;.,~. CO 0.. 0; <> .; _' " '" · " t ,. '. "'_ 9 \ <,' "~_.. o . t; _ . -, -. ,; ~ <!, i' .' ..... ~ ,,~ I \.... .... .~ ';;c ,;: - _;l. ._ . ~.I -".' ~ ~ ~ " t' ..1'3 / "" ,,'- 0' ,..J ~ 0" ' ' · ..., · - - , , ' -., -.,--' .. " - ._ 'to. ;; l:. \ " c Ii " " ~. ,,' .. ",<" -,~' .-." -:;:- ..... ~., ro"". ... ... 'l"''' ,I ~ .,.. \' ' , w .~ .." ',', ' ,." "\. ~. " ~ ~ ."~ ~ . '. .~ .". ~ " i ~ , ; ~ ' t, P '? .!:l f~ -.. .,:, .\;.:'''' ;,:. l \ JI ~~~ !!f;:;~.'11 . ' ,'>' .....' ~." ,,;. " '. '" .' _ . ~ 7.l: .., ~ . \ I:'> "" 't"I.. .' .k. ';10 ,~. ...... ",' "'.'. . .... . . C'~" ,,~"."_.' \ ,,;rl;:. !::.,~!.'\.;,~,,~i \ . .~ .. . " . , ~ !' - . <s;:; ,.!? \.. !'- ... ,-I,' ' !I ~." \ _ \ ,,<~ w ~,,,.,~.." . _ " ~1'lt'l~ \ \ ~~""%'o. " \d 'il.::>,,,<e ~ u..r' ,.:, "' .... .... <<< '" ,-, \.Ii (1 (1 ~ ~ n - - ,"1. r,\ \~) ",,~i~ "...,.-01 PgN'B 5-2 Cl17 of BDynton Beach Ptlt.a~W.arter Ser.1w Area Projected \"tater Suppi}r a~d Oernand Dr! Season - {JaTlUary - May} .....~Ullbl!:' \\'lI~r F~ho:al 3D ----- ....-erllgo: D2I)' W~I!:r D!:'mar'j {UGIJ'~ 0 S' / ~ .,- - ~ 2S mR LACED .j l " J 211 .....--""..."..~ ~aM!t."-. -~ ~~. ~- "I -...,.... .... ..... - ~-""'~~ 1 I __~.....- - - "[2] 15 _ .ae _'. _ ];: Q I"ff'.~ C':mtll'l'~r~ :;-:;';)7 .....e.flIge DlI;.' OIl!l""3"113 - 1'5.-4 P.H30 Flnlsl"~::1 W2l~F "'Vll't2ltl!: - ::!O.4 MGD 'J :::-:tllS ~(Hj7 ;;!f]"(1 2015 2U211 E2S 2D30 Prq:-:>Il>:-j Prcjeclso 1. !i "'tlb A...r1llft hw-, I'llc Jl'lUD - 011<1...... ~ ~ WD lItlu :l1)1)I..!i f',IOD:t a s...-. &l'!'leW Ai~"'" l"'-nt"h.." b*ii*'t j~ft!tlllll""'v,4'd-""'!<>I~. e ......:1i,.'1 [.3.'" woe.) :2 Ii ,!I,,~2 C"'._ u'!\"tr f>ft:.Ju.:l'!il Ui ..JifhH...:3 l,tK}li .hi1i>?>!l, ...il'"i>~~'3 No-O) '3. iWi:lU,",iof f ~aD fiet.... N_ . ~lLiM If'rXl,!iIo.:f li(l!i *"(:)0 tMi;f1u.l,~ ..* Ii,.,.. """"",,-,,\ e'ic!lI: ii.1 \1Vtii: li.,.,lnt n....lli..i,j I":.it5 - \'t-l<!:~_~ t..'f ~U!<f' L..l'tdl)'l iOI! ;';OD, "0. N.... f'\'/."I<lliit ....,tb!r \'\(dliiloJ ~f-.. c~,....."! Wnf\'~ llt1lh1'lli'11 P,.t. flOri,l\hliL' FtllOlf./e t!IW f'1_,,'" ".......,.. tnn::11r I'" ;,IOb,1 ~d &J')' ~",' IoJ'IMII\II'1 ....1\ pee "'~Je: tlldl~'. ~ t iila/J f.-"'It.l(i(}:. 11 WSFUIP ADDITIONAL REPLACEMENT PAGES (changes madefor consistency with 2008 CIE Update) Table 5-1: Summary of Expansion of Reuse Water System PIoject Project Name: Expansion of Reuse Water System; CIS Projects # 1, 2 and 3 Project Location: SE 23rd Ave., Seacrest Blvd., SE 4lh 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 will 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 SCRWRF - plant expansion Design 516,109WG;OOG Construction 2,973,0695,000,000 Other TOTAL 3,489,1785,500,000 Reuse - distribution Design 311,819WG,OOG Consb'uction 3,568,017 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,500jOOg 3,500,000 3,500 JOOO 3,000jooO 3,000,000 Other TOTAL 3,879,836 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 3,000,000 3,500,000 3,500,000 3,000,000 3,000,000 GRAND TOTAL FOR 7,369,014 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 REUSE SYSTEM 8,500,000 3,500,000 3,500,000 3,000,000 3,000,000 Table 5-2: Summary of v\ ellfield Intercunnection Prujec~ Pl'Oject Name: We]]fjeld lnterconnection; CIS Project # 109 .__._----_._---_..__..__.._---~--~._- - ~----- Project Location: From West Well field to East Wellfield Pruject DescI'iption: This project involves constructing approximately:' miles of large diameter water mam from the western houndary 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 treahl1ent pbnts, and reduce long-term demands at the eastern wellfield. The eastern field is limited due to its proximity to the Atlantic Ocean. (UE 0/1). 3C.1.. Policy 3C.1.1O. 30.1.1) -- -------~~-_.- --..--..-."-------.-- Funding Source: Mixed: Capital Facilities and Reserve funds Estimated i 2007/2008 2008/2009 i 2009/20 lCl ! 20l0/201J ! 2CJ11 /2012 ~QE; 2013 Cost i Deslgn I ~ eGG,00G901 ,aDO l --+ - --------j ConstructIOn I 2,?OO,OOO _ +8~G,.OOG7]Ol,OOO ~Q7,701,OOO 7 ,701 ,000 i 4,701.000 I 1------- Other i i TOTAL I ~ 2,500,0002,901.000.115 ,000 ,OOO~,~Ol,OO~ L8~()()..o,0~07,701,QQQ 7,701 ,000 I WJJ,OO(l --~-~-'--- Table 5-3: Summary of Construction of up to 5 New Floridan Aquifer Supply Wells Project Project Name: Construction of up to 5 New Floridan Aquifer Supply Wells; CIS Project # 110 Project Location: Western portion of service area 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 potentiallQ-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 2007 /2008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 Cost Design W;OOG eOO;QOO 500,000 Construction 2,000,000 2,000,0005 ,433 ,000 2,000,0005 ,933 ,000 7,000,0005,933,000 3,683,000 Other ! TOTAL .39,QOO ~QOO 2,000,0005,933,000 ~G,OOG5, 933,000 7,000,0005,933,000 3,683,000 Table 5-4: Summary of West Watt'l" Tll'atnwnt Plant Re~Dt'sjgn ,md Modificatioll to I reaL Br<lcklsh '^' cItel ProJec I Project Name: West Water Treatment Plant Re-Design and Modification to Treat Brackish Water: Clc Pr01ect # 111 .._---_._-_..~----- -----. --.- ...---- Project Location: West Water Treatment Plant - 5469 \iV. Boynton Be<lch I31vd. --~,~- Project Description: This project is coupled with wilter supply projects to intcrconJ1ectthe hvo eXlstmi', wcIlficlds, und install new Floridan aquifer wens. The plant \'\'ill be re-designed dnd modified tn renwve the nclditional dIssolved solids found in the brackish water of \loe Floridan ac!uifer. -'~~--'-.'-"-"'-"- Project Justification: See above (UE ObJ. 3C.l, P.7lzcy 3.C1.Jj -_..~------_.- Funding Source: Mixed: Capital Filcilities and Reserve funds Estimated Cost 2007/2008 2008/2009 I 2009/2010 2011/20]2 ' 2012/2013 I . i i i I ! I Design ~3GG,GQG I &J-G,OOG T WG,OOG 500.000 Construction , ~ -',295,000 I lJ50.000 ~--_L __ Other i i I i TOTAL i ! 6-1G,OOG I 1.026,000 7,295,000 i 1.650.000 i SANITARY SEWER SUB- ELEMENT Objective 3A.3 The City of Boynton Beach ,viII minimize wastevvater influent resulting from infiltration and inflow; and will conserve potable water by utilizing irrigation quality effluent where practicable, l\1easurabili ty: Number of improvements 1(1 Ihe 51/51e1l1 (Clnsistent '1l'zth the 'II', 'c . , Policy 3A?d The Citv shall maintain the Level of Service Standard j or the existing water and wastewater service area, The overage annual daily flow of wastewater delivered for h"eatment te the South Cenh'al Waste,vater Treatment Plant ",rill not exceed in';, the average annual daily f1m\! of treated water leaving the City' <-; \'vater treatment plant, adjusted for service area differences, Policy 3A3.2 The City shall continue to monitor infiltration and mflow to determine rates and locations. Where economically feasible, s\'stem improvements will be made to reduce these levels. Policy 3A3.3 The City sh::tll continue to seek opportunities 'sithin the City limit; to use irrigation q....lJ.lity \vastevlUter effluent for irrigation purpose;, Bv 2010, the City will expand its reclaimed water system distribution network from the reuse main located west of the Citv's Boundary into Bovnton Beach to serve additional large users and continue to reduce potable water usage for irrigation. Objective 3A.4 The City of Boynton Beach will fund sanitary sewer system capital improvements, replacement and rehabilitation, and operation and maintenance costs such that these costs are borne by customers of the system on the basis of the cost-of-senrice. Measu rabili ty: Number of sanitary sewer capItal imprO'l.lCments proyects fmanced unth enterprise funds. Policy 3A4,] The City shall operate the sanitary sewer system as an enterprise, such that all costs will be borne by utility customers, and revenues " - will be used for the benefit of those customers. The rate schedule for sanitary sewer serVIces will be based on pu blie utility cost-of-service principles, Policy 3A.4.2 The City shall require that costs for the extension of service to ne"v customers will be borne to the maximum extent possible Lw these new customers through a Capital Facilities Charge system Policy 3A.4.3 The City shall establish a reserve fund for routine system renewal I and replacement to be maintained at a level equal 51,000,000 for --_._------~~~- -~----_.~ City of Boynton Beach 3-3 Date: :\ugust 190ctober 21,2008 M-R--8as-ea-VVater Supply Facilities Plan Amendments Utilities Element Amendments 08-1 WS Ordll1i1J1u' '<u,()S-OO'i'lt> I water, wastewater and stormwater, or at the level required by bond covenants, whichever is greater. City of Boynton Beach 3-3!;! Date: August 190ctober 21, 2008 EAR based Water Supply Facilities Plan Amendments Utilities Element Amendments 08-1 WS Ordinance No.08-0G716 -- --- --rFUTURE--LAND~USEELEMEN-Ti-j -...- .-+ City of Boynton Beach Future Land Use Element Goals, Objectives, and Policies GOAL 1 Provide a range of land uses which accommodate a full range of services, and activities, and housing types, while minimizing land use conflicts, maintaining the character of the community, ensuring adequate public facilities, and minimizing adverse impacts on natural resources. Objective 1.1 Land development and future land uses shall continue to be coordinated with the provision of the following facilities and services, concurrent with the needs of the existing and future land uses, and consistent with the adopted minimum levels of service standards contained in this Comprehensive Plan: 1. Roadways 2. Potable Water 3. Sanitary sewer 4. Solid Waste 5. Stormwater Drainage 6. Recreation and Open Space 7. Public School Facilities Measurability: Number of permits issued in conformance with concurrency ordinances. Policy 1.1.1 The City shall issue development orders or permits only if I infrastructure for potable water, sanitary sewer, solid waste and stormwater drainage exists, is provided for in accord with the requirements of this Comprehensive Plan, or will exist concurrent with the impacts of the development, and is sufficient to maintain or exceed adopted levels of service. Policy 1.1.2 The City shall issue development orders or permits only if roadways, recreation, and school facilities exist, are provided for in accord with the requirements of this Comprehensive Plan, or will be available to serve new development in accord with conditions set forth in Policies 9.2.2 and 9.2.3 of the Capital Improvements Element, and are sufficient to maintain or exceed adopted levels of service. I Policy 1.1.2J The City shall continue the enforcement of the adopted County- wide Traffic Performance Standards Ordinance, and conformance to the Level of Service Standards set forth in that ordinance, except City of Boynton Beach 1-1 Date: /\u[;Ust 190ctober 21, 2008 EAR based Water Supply Facilities Plan Amendments Future Land Use Element Amendments 08-01 WS Ordinance 08-0W16 where reasonable exceptions have been approved in ,iCcl'rdanct vvith that ordinance and do not exceed the Level \1 :-)erVict Standards set forth in Objective 2.1 of the Transportation Eleml'n: Policy 1.1.~ The City shall continue to coordinate with the Palm Beach Counh School District to ensure that adopted levels of service f( 1r school concurrencv are Ind. Policy 1.1.42 The City shall continue to ensure, through coordination with Ilw Palm Beach County Solid Waste Authority, that adequate solid waste disposal capacity is available before approving any changes to the Future Land Use Map. Policv 1.1.&6 The City shall continue to require that all development approvals " - be conditioned upon obtaining required approvals and permits from the South Florida Water Management District and tIle Lake Worth Drainage District. PoliC\' 1.1.67 The Citv shall ensure that all proposed land use changes submitted to the Department of Community Affairs will include data and analysis demonstrating that adequate water supplies and associated public facilities are available to meet projected growth demands. If necessarv, an amendment to the Capital Improvements Element will also be included. Objective 1.2 The City shall continue to ensure the availability of land for utilities and services by evaluating the need for such land, particularly in the review of development projects, and shall allow adequately-zoned land for same. Measurability: Land area allocated or available for utili ties and sen'ices. Policy 1.2.1 The City shall continue to enforce regulations to require the dedication of sitesj easements, and rights-of-way for utilities and services which are needed to serve the project and surrounding land usesj as a condition of approval of development plans Policy 1.2.2 Should dedication of sitesj easements and rights-ot-way be required, the dedication shall not reduce the density or intensity 01 the development, where doing so \vould be reasonabh possible; otherwise, the City shall considl~r the purchase of propertv, if dedication of land is not feasible. City of Boynton Beach 1-2 Date:-Auguct 190ctober 21, 200S EAR bGscd vVater Supplv Facilities Plan Amendments Future Land Use Element Amendments OR-01 WS C)rd in a 11 Cl' (JS-()(f716 I Policy 1.2.3 The City shall continue to allow potable water wellfields to be located in any land use category or zoning district. Objective 1.3 Future development and redevelopment within the City shall continue to be regulated through administration of the Land Development Regulations specified within the City's Zoning Code, Community Redevelopment Plans, Building Code and subdivision regulations. Measurability: Continued implementation of Land Development Regulations as verified by the lack of development orders or permits issued in violation of this objective. Policy 1.3.1 The City shall continue to implement the Future Land Use Plan in accordance with the following descriptions of land use categories City of Boynton Beach 1-32a Date: August 190ctober 21, 2008 EAR bused Water Supply Facilities Plan Amendments Future Land Use Element Amendments 08-01 WS Ordinance 08-0W16 CONSERVATION ELEMENT tree species on sites being developed, particularly those sites containing sensitive ecosystems rated" A". Policy 4.6.5 The City shall continue to enforce the land development regulations that require native vegetation species to satisfy at least 50% of all site landscaping requirements as a condition of development or permit approval. Objective 4.7 The City shall continue to the maximum extent feasible, to preserve, conserve, appropriately use and protect fisheries, and wildlife and marine habitats which serve as ha bitat for endangered and threatened plant and animal species. Measurability: Number of acres of habitat presenJed pursuant to the objective. Policy 4.7.1 The City shall continue to enforce the land development regulations requiring a site survey for natural areas identified on the City's Natural Resources Map which are greater than 10 acres. In the event that a site survey indicates the existence of a representative plant or animal species designated as endangered or threatened on Federal, State or Florida Committee on Rare and Endangered Plants and Animals lists, the developer shall prepare a plan in consultation with the Florida Fish and Wildlife Conservation Commission and the U.s. Fish and Wildlife service for protecting the resident population. Preservation should be provided to the satisfaction of the City in consultation with the Federal and State agencies. Policy 4.7.2 The City shall support and monitor the progress of the Lake Worth Lagoon Estuary Study, and implement the modification of plan policies in accordance with relevant study findings related to manatee protection. Policy 4.7.3 The City shall require continued consistency of all policies and City actions with the Lake Worth Lagoon Management Plan and require policies which may further the plan. I Objective 4.8 The City shall continue to consider implement a variety of options to implement potable water conservation measures such as rate structure, aquifer storage and recovery, education and reuse, and other policies and programs as listed in the Water Conservation Chapter of the City's Water Supply Facilities Work Plan (WSFWP), to reduce per capita average daily water usage City of Boynton Beach 4-5 Date: August 190ctober 21, 2008 EAR based Water Supply Facilities Plan Amendments Conservation Element Amendments 08-01 WS Ordinance 08-0fhZ16 from the current 159.3 gpcd to 155 gpcd by 2025. e'fHlsum-p#en fates to at lcaot 175 bped maximum daily flov,T by 2013. .~1easurability: Reduction m per capIta water consumption rates consistent with the objective. The Cihl Will l11onilor and measure the oulcome or the water conservation programs and related acti'uities that are intended lr consen'c 'water resources through the applicable conditions as reC/uired bll the SFVVMD Consumptive Use Permit. Policv 4.8.1 The City shall expand the reclaimed water distribution system tn ~ serve additional large users in order to cost-effectively reduce demand for potable water currently being used for irrigation purposes. Policy 4.8.2 The City shall continue to promote water conservation strategies through the use of educational brochures and presentations to students and interested citizens groups. Policy 4.8.3 The City shall continue its current program for participation in the Water Resource Conservation Subcommittee of the Palm Beach County Water Management Advisory Board. Policy 4.8.4 The City shall continue to examine the feasibility of implementing at least one Water Wide Landscaping demonstration project. Policy 4.8.5 The City shall coordinate with the South Florida \.Vater Management District to obtain Water '"Vise Landscaping information for public distribution for use in the site plan revie\'V process and incorporate the information in the land development regulations. Policy 4.8.6 The City shall continue to require that at least 50% of all required site vegetation be taken from the desired vegetation species listings as a condition of development or permit approval. Policy 4.8.7 The City shall continue to inlplement water shortage use restrictions in accurclance with the requirements of the South Florida Water Management District's Water Shortage Plan. Objective 4.9 The City shall continue to minimize the potential damage from flooding and the loss of local soil resources. Measurability: Number of development orders or prrmits issued consistent ({lith the objective. City of Boynton Beach 4-6 Date: !\ugUGt 190ctober 21, 2008 E;\R based Water Supply Facilities Plan Amendments Cunservation Element Amendments 08-01.\'\15 Ordinance 08-0GTlb I Policy 4.9.1 The City shall continue to enforce minimum finished floor flood elevation criteria as identified by the Federal Flood Insurance Adminish'ation. Policy 4.9.2 The City shall continue to enforce local drainage system requirements and flood control policies as specified in the Drainage Sub-Element of the Comprehensive Plan. City of Boynton Beach 4-56a Date: AH-gH-Sf-1-9October 21,2008 E,^...R based Water Supply Facilities Plan Amendments Conservation Element Amendments 08-01 WS Ordinance 08-0G716 INTERGOVERNMENT ALCOOlIDlNA TION ELEMENT disposal or wastewater through the facilities at the South Central Regional Wastewater Treatment and Disposal Facilities. Measurability: Continuing participation in the interlocal agreement. Policy 8.7.1 The City will continue to coordinate with the South Central Regional Wastewater Treatment and Disposal Board for wastewater treatment, disposal and reuse water services. Objective 8.8 The City will continue to coordinate with the Lake Worth Drainage District, the South Florida Water Management District, Palm Beach County, and any other agencies, as may be appropriate, on stormwater planning and management issues. Measurability: Ongoing coordination with the entities and agencies. Policy 8.8.1 The City shall coordinate with the Florida Department of Environmental Protection, the South Florida Water Management District, Palm Beach County Department of Environmental Resources Management, and other affected parties in meeting the requirements of the Florida Total maximum Daily Load Program for the Lake Worth Lagoon. Policy 8.8.2 The City shall continue to coordinate with the Northern Palm Beach County Improvement District on meeting the requirements of the NPDES permit. Policy 8.8.3 The City shall continue coordination with the South Florida Water Management District and the Lake Worth Drainage District in meeting water quality criteria for drainage discharge. Objective 8.9 The City shall coordinate the development and updating of its "lD-Year Water Supply Facilities Work Plan" with the South Florida Water Management District. Measurability: Approval of the initial work plan and subsequent required revisions. Policy 8.9.1 The City shall coordinate with the South Florida Water Management District to ensure that the City's "lO-Year Water Supply Facilities Work Plan" is consistent with, and updated within 18 months of, the District's "Lower East Coast Regional Water Supply Plan". City of Boynton Beach 8-5 Date: August 19 October 21, 2008 GemfH-chcnsivcWater Supply Facilities Plan Amendments Intergovernmental Coordination Element Amendments 08-01 WS Ordinance No.08-{}fhZ016 Objective 8.10 The City shall continue cooperative efforts to protect aquifer recharge areas. Measu rablhty: Ongoing el1(OYCement or the \Nel/field Protection Ordinance. Policy 8.10.1 The City shall continue to cooperate with Palm Beach County tc! emorce the Wellfield Protection Ordinance. Policy 8.10.2 Boynton Beach shall continue to cooperate with other appropriate local governments to protect areas with the greatest recharge potentials that extend beyond the City limits. Objective 8.11 The City shall continue to establish and maintain agreements for provision of water and sewer services with adjacent municipalities and Palm Beach County. The City shall continue to establish and maintain interlocal agreements with neighboring governments that will encourage the provision of orderly and efficient water and sewer services in the service area. Measurability: Number of Interlocal Agreements main tained. Policy 8.11.1 The City shall continue to utilize interlocal agreements and servicl' agreem.ents with adjacent governments for the provision of ,vater and sewer services on an on-going basis. Policy 8.11.2 The City shall, as a part of inter local agreements, continue to coordinate population projections and future annexation areas with utility-user adjacent local governments through the follovving actions: . An ongoing Development-and Utilities department review, through the lP ARC notification svstem, of all future land use amendments to properties located within the Citv's service / future annexation area; . Once-a-year written notification svstem, requiring all City's utility user local govenments to provide the City with (i) maior redevelopment plans affecting the service/ future annexation area; and (ii) population projections if different from those provided bv the county; and . Once-a-vcar written notification system, requesting Palm Beach County to provide current population ~_._ _ _ __ ~'___.n__.___ City of Boynton Beach 1'-6 Date' AugHst--l9 October 21,2008 Comprchcr:.sivcWater Supply Facilities Plan Amendments Inter)jovemmental Coordination Element Amendments 08-01 WS Urdinance Nl'Ot'-Of+701 f, . projections and providing the County with all changes to the City-generated population projection numbers. Policy 8.11.3 The City shall coordinate its level of service for potable water with all its utility-user adjacent local governments, in particular: . The City will annually contact its utility user local governments to provide them with information on any changes regarding current LOS standards or any changes of future LOS standards to be included in their respective Comprehensive Plan Amendments and the renewal of local service agreements; and; . The City will also provide said local governments with an implementation schedule of the potable water conservation measures, induding reuse. Policy 8.11.4 The City shall provide its utility-user adjacent local governments with a copy of its annual update of the Capital Improvements Schedule for all capacity-related water supply facility projects to be included in the respective updates of their CIS. Policy 8.115 The City shall continue to utilize interlocal agreements with adjacent local governments for the provision of water and sewer services in emergency situations. Objective 8.12 The City shall continue to coordinate with the Palm Beach County Solid Waste Authority to ensure that the Authority's levels of service for solid waste disposal are not exceeded. Measurability: Maintenance of a level of service standard that is equal to or less than the County's level of service. Policy 8.12.1 At a minimum, the City of Boynton Beach shall continue to maintain a solid waste generation level of service that is both economically feasible, and consistent with those of Palm Beach County and will accommodate the future needs of the City. City of Boynton Beach 8-6a Date: F.ugust 190ctober 21,2008 Comprehensive Water Supply Facilities Plan Amendments Intergovernmental Coordination Element Amendments 08-01 WS Ordinance No.08-007016 XII. - LEGAL - 2nd Reading Non-Development ITEM 8.2 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 o August 19, 200S August4,200S (Noon) o October 2 ] , 200S October 6, 200S (Noon) o September 2, 2008 August IS, 200S (Noon) o November 5, 200S October 20, 200S (Noon) 0 September IS, 200S September 2, 200S (Noon) o November IS, 200S November 3, 200S (Noon) o October 7, 200S September 15, 2008 (Noon) o December 2, 200S November J 7, 2008 (No~ S! 0-.1 CO --< 0 ~O C"') ("')-rJ 0 Announcements/Presentations 0 City Manager's Report ..... roo - t'l'tC NATURE OF 0 Administrative 0 New Business C :;1<)-< ~% AGENDA ITEM 0 Consent Agenda 0 Legal -0 U)- :x (;) 0 Code Compliance & Legal Settlements 0 Unfinished Business ox N S - ~ 0 Public Hearing 0 U1 UJ ;I~ .:C RECOMMENDATION: Motion to approve amendment to Chapter 10, Section 10-24 (a) (5) as noted on page 3 of the enclosed Ordinance. (Exhibit "A") EXPLANATION: The Code Compliance Division received a complaint from a Homeowner's Association Board of Directors requesting our support in getting residents to cease the storing of their garbage containers in front of their homes. Staff explained to them our Code of Ordinances speaks to garbage containers viewed from the "City's streets," but not from privately owned streets. The Board of Directors felt that wasn't fair as they pay taxes and our Code of Ordinances should apply to everyone whether they live in communities with private or public streets. Approval of this amendment allows the City to enforce our regulations with respect to the keeping/storing of refuse containers in all neighborhoods regardless of whether the streets are public or private. PROGRAM IMP ACT: Approval of this amendment will assist those neighborhoods with private roadways by allowing Code Compliance Officers to enforce our Code helping to create a more attractive neighborhood. No additional resources are required to administer this Code amendment. FISCAL IMPACT: None ALTERNATIVES: Work with existing Code. ~ ko-, City Manager's Sigiiature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC t ORDINANCE NO. 08 - 0 ~ 9 , - , AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 10, "GARBAGE, :' TRASH AND OFFENSIVE CONDITIONS," OF THE 6 CITY OF BOYNTON BEACH CODE OF ORDINANCES, 7 BY AMENDING SECTION 10-24 "SINGLE FAMIL' 8 RESIDENTIAL REFVSE COLLECTION", TO PROVIDE II FOR LIMIT A TIONS ON THE PLACEMENT OF 10 REFVSE CONTAINERS IN PROXIMITY TO STREETS 11 AND SIDEWALKS WITHIN THE CITY; PROVIDING I::' FOR CONFLICTS, SEVERABILITY, CODIFICATIO~ 13 AND AN EFFECTIVE DATE. 14 I~ WHEREAS. the placement of refuse containers along rights-of-way \vithin the l'it: 16 creates adverse impacts with respect to communit) appearance: and ]7 WHEREAS. placement of refuse containers along rights-of way can creak ::,afet: 18 issues with respect to pedestrians. bicyclists, and automobiles; and 19 WHEREAS, the City Commission concurs with City staffs recommendation. and has 20 determined that it is in the best interest safety and welfare of the residents and cilIzens uJ 21 Boynton Beach. that Chapter 10. "'Garbage, Trash and OtTensive Conditions" be amended [0 ,'"l limit the placement of refuse containers along all streets and sidewalks within the Cit:, as set ,~ forth below, --' 24 NO''', THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF ~5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section I, Each Whereas clause set forth above IS truc and COITC('[ and ': incorporated herein by this reference, - , 28 Section 2. That Chapter 10. "Garbage. Trash and Offensi\ e Conditions:' S,,'L - Woo 2t) 24. "'Single family residential refuse collection:' of the Code of Ordinances of the ell\ ul 30 Boynton Beach. be. and the same is hereby amended by adding the words and JigurL'" lJ1 S:\CA .Ordinances\Section 10-24 Garbage Code Revision.doc II ! I I underlined type, and by deleting the words and figures in struck-through type, as follows: 2 Sec. 10-24. Single family residential refuse collection. 3 (a) The City will collect noncontainerized residential refuse under the following 4 conditions: 5 (1) Garbage will be collected twice per week at curbside only from each single family 6 residential unit in the City provided with roll-out garbage carts. The placement of household 7 garbage in a loose and uncontained manner on the roadside, swale or other locations adjacent 8 to the roadway with the expectation of collection shall be strictly prohibited. All material 9 intended for disposal with the roll-out garbage carts shall be placed inside the cart, and the lid 10 of the cart must be closed. All refuse cans and carts shall be aboveground, placed off the II street, but within three (3) feet of the curb or edge of pavement and shall be located a ]2 minimum of three (3) feet from any obstruction that may interfere with routine collection. 13 Yard trash and combustible trash will not be collected with household garbage, but will be 14 picked up once per week on a scheduled trash pickup day. Yard trash and combustible trash 15 capable of being containerized should be placed in a standard garbage can, roll-out garbage 16 cart, plastic bag, or disposable container. Collection of yard trash should be piled separately 17 from all other trash at curbside. Any mIxmg of household garbage, combustible. 18 noncombustible, or bulk trash with the yard trash shall be strictly prohibited. Placing of yard 19 trash or combustible trash in the paved area of the street or on vacant lots is prohibited. 20 Materials classified as hazardous material will not be collected by the City. Household 21 garbage, trash or any type of other material intended for collection, shall not be set out prior to 22 6:00 P.M. of the day proceeding the scheduled pickup. 23 (2) All garbage cans provided by the individual customer shall be subject to inspection 24 and approval by the Director of Public Works or designee at all times. A container not 25 approved by the Director of Public Works and which is set out for collection will have a 26 notice placed upon the container, handed to the owner or occupant, or left at his residence and 27 the occupant shall no longer use the container for collection. 28 (3) Special waterproof disposable refuse bags or any other containers may be used for 29 vegetative materials. When such bags or any other containers are used, the responsibility for 30 protection of either the bag or the container and the contents shall rest with the individuals 31 occupying or residing on the property. Rupture of, or damage to the bag or container, from any 32 cause which results in the scattering of refuse prior to the arrival of City collection personnel 33 will obligate the user to reassemble all of the refuse in an undamaged bag or container prior to 34 pickup by the City. 35 (4) Accumulations of yard trash shall be stacked in compact piles not to exceed two (2) 36 cubic yards in volume at curbside within the confines of residents' or owners' side property 37 lines. Deposits of yard trash shall not obstruct pedestrian or vehicular traffic. The City will not 38 collect yard trash produced from commercial tree trimming operations, landscape and lawn 39 maintenance operators. Tree trimmers, or privately employed tree trimmers, tree arborists, 40 landscape contractors and operators of tree and shrubbery maintenance services shall remove 41 all trash and debris from the premises upon which they are working, including but not limited s:\C A\Ordinances\Section 10-24 Garbage Code Revision.doc 2 I to limbs. tree trunks. roots. shrubbery clippings. and other debris emanating tram tIll'l! \\(\rh , Disposal of yard trash produced by commercial operations or those paid to conduCl :--ueh ~ . operations shaJJ be strictly prohibited. No yard trash shall be placed on proper1\ 1'1\ ned ll) ..+ occupied by others \\'ithout permission. :' (5 ) Refuse containers. cans. and carts shaJJ not be kept or maintained upon or adjacent to 6 any street, sidewalk. parkway. front yard. side yard or other place within the \'ie\\ pj' persons 7 using any:t-ltto--{":'-i-t~ streeb or sidewalks located within the Citv, except as provided herein 8 Protection of the containers placed for collection is the responsibility of the resident. 9 (6) Curbside residential recycling service will be given to each residential dv.elling unit to with the City. once a week. The City shall provide each resident with two (2) recycling bins or 11 carts. One shall be used for the accumulation of plastic containers. glass. aluminum and other 12 aJJowable co-mingled materials. The other shaJJ be used for newspaper. magazines. gloss: 13 paper. office grade paper. and corrugated cardboard. The bins shall be set out un the 14 designated collection day. 1:- (7) fhe responsibility for proper placement and preparation of solid waste matenals 10r 16 collection shaJJ be that of the resident of the dwelling unit. It shall be unlawful for an) person. ]7 upon vacating or moving from any dweJJing. storeroom. or any other building in the Cit:. tu 18 fail to remove all garbage. rubbish. and debris from such building and premises. and grounds 19 appurtenant thereto. or to i'ail to place said waste in an approved sanitary container liJr 20 disposal in accordance here\vith. Failure of a renter. lessee. and/or tenant to comply with this 21 requirement shaJJ obligate the property owner of record to fulfill the responsi bi] it: of " compliance \vith this Article. -- ," (8 ) Hazardous wastes. infectious wastes. construction and demolition material. dead -) 24 animals and any other prohibited waste shall not be placed in garbage cans. bags. or any other 25 types of containers or placed loose on the ground with the expectation of having the material 26 collected by the City. These materials are not part of Single Family Residential Refuse 27 CoJJection Service. The resident and/or property owner should contact the Director of Public 28 \Vorks in order to inquire as to the proper disposal method for such materials. 29 30 Section 3. Each and every other provision of Chapter 10, not herein specificaIl) 31 amended shall remain in full force and effect as previously enacted. ", Section 4. All ordinances or parts of ordinances in conflict herewith he and thL' .'- 33 same are hereby repealed. 34 Section 5. Should any section or provision of this ordinance or portion hereor am ~5 paragraph. sentence or word be declared by a com1 of competent jurisdiction to be imalid. s: CA,Ordinances"Section ] 0-2..+ Garbage Code Revision.doc I -' II I 1 1 such decision shall not affect the remainder of this ordinance. 2 Section 6. Authority is hereby granted to codify said ordinance. 3 Section 7. This ordinance shall become effective upon adoption on Second 4 Reading. 5 FIRST READING this _ day of ,2008. 6 7 SECOND, FINAL READING AND PASSAGE this _ day of . 8 2008. 9 10 CITY OF BOYNTON BEACH, FLORIDA 11 12 13 Mayor - Jerry Taylor ]4 15 16 Vice Mayor - Jose Rodriguez 17 ] 8 19 Commissioner - Ronald Weiland 20 21 22 Commissioner - Woodrow L. Hay 23 24 25 Commissioner - Marlene Ross 26 27 ATTEST: 28 29 30 3 ] ~7 Janet M. Prainito, CMC -'~ 33 City Clerk 34 35 36 (CORPORATE SEAL) 37 S:\CA\Ordinances\Section 10-24 Garbage Code Revision.doc 4 ........ b i ORDINANCE NO. 08 A1'\ ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 10, "GARBAGE, 5 TRASH AND OFFENSIVE CONDITIONS," OF THE (l CITY OF BOYNTON BEACH CODE OF ORDINANCES, BY AMENDING SECTION 10-24 "SINGLE F AMIL Y x RESIDENTIAL REFUSE COLLECTION", TO PROVIDE L l) FOR LIMITATIONS ON THE PAYMENT OF REFliSE [(I CONT AINERS IN PROXIMITY TO STREETS AND 11 SIDEWALKS WITHIN THE ClTY; PROVIDING FOR 12 CONFLICTS, SEVERABILITY. CODIFICATION AND 13 AN EFFECTIVE DATE. 14 15 WHEREAS, the placement of refuse containers along rights-of-way within the City 16 creates adverse impacts with respect to community appearance; and 17 WHEREAS, placement of refuse contamers along nghts-of way can create safety 1 ~ issues with respect to pedestrians, bicyclists, and automobiles; and 19 WHEREAS, the City Commission concurs with City staffs recommendation, and has 20 determined that it is in the best interest, safety and welfare of the residents and citizens of 21 Boynton Beach, that Chapter 10, "Garbage, Trash and Offensive Conditions" be amended to 22 lImit the placement ofrefuse containers along all streets and sidewalks within the City, as set " forth below. .;..._i 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2(, Section I. Each Whereas clause set forth above is true and correct and 27 11lcorporated herein by this reference. 28 Section 2. That Chapter 10. "Garbage, Trash and Offensive Conditions," Sec. ] 0- 29 24, "Single family residential refuse collection," of the Code of Ordinances of the City of 30 Boynton Beach, be, and the same is hereby amended by adding the words and figures in C:\Documents and Settings\BlasieSlLocal Settings\Temporary Internet Files\OLK I FIRe fuse Containers ReviSion (1) (2\.doc ] underlined type, and by deleting the words and figures in struck-through type, as follows: 2 Sec. 10-24. Single family residential refuse collection. 3 (a) The City will collect noncontainerized residential refuse under the following 4 conditions: 5 (1) Garbage will be collected twice per week at curbside only from each single family 6 residential unit in the City provided with roll-out garbage carts. The placement of household 7 garbage in a loose and uncontained manner on the roadside, swale or other locations adjacent 8 to the roadway with the expectation of collection shall be strictly prohibited. All material 9 intended for disposal with the roll-out garbage carts shall be placed inside the cart, and the lid 10 of the cart must be closed. All refuse cans and carts shall be aboveground, placed off the 11 street, but within three (3) feet of the curb or edge of pavement and shall be located a 12 minimum of three (3) feet from any obstruction that may interfere with routine collection. 13 Yard trash and combustible trash will not be collected with household garbage, but will be 14 picked up once per week on a scheduled trash pickup day. Yard trash and combustible trash 15 capable of being containerized should be placed in a standard garbage can, roll-out garbage 16 cart, plastic bag, or disposable container. Collection of yard trash should be piled separately ]7 from all other trash at curbside. Any mixing of household garbage, combustible, 18 noncombustible, or bulk trash with the yard trash shall be strictly prohibited. Placing of yard 19 trash or combustible trash in the paved area of the street or on vacant Jots is prohibited. 20 Materials classified as hazardous material will not be collected by the City. Household 21 garbage, trash or any type of other material intended for collection, shall not be set out prior to 22 6:00 P.M. of the day proceeding the scheduled pickup. 23 (2) All garbage cans provided by the individual customer shall be subject to inspection 24 and approval by the Director of Public Works or designee at all times. A container not 25 approved by the Director of Public Works and which is set out for collection will have a 26 notice placed upon the container, handed to the owner or occupant, or left at his residence and 27 the occupant shall no longer use the container for collection. 28 (3) Special waterproof disposable refuse bags or any other containers may be used for 29 vegetative materials. When such bags or any other containers are used, the responsibility for 30 protection of either the bag or the container and the contents shall rest with the individuals 31 occupying or residing on the property. Rupture of, or damage to the bag or container, from any 32 cause which results in the scattering of refuse prior to the arrival of City collection personnel 33 will obligate the user to reassemble all of the refuse in an undamaged bag or container prior to 34 pickup by the City. 35 (4) Accumulations of yard trash shall be stacked in compact piles not to exceed two (2) 36 cubic yards in volume at curbside within the confines of residents' or owners' side property 37 lines. Deposits of yard trash shall not obstruct pedestrian or vehicular traffic. The City will not 38 collect yard trash produced from commercial tree trimming operations, landscape and lawn 39 maintenance operators. Tree trimmers, or privately employed tree trimmers, tree arborists, 40 landscape contractors and operators of tree and shrubbery maintenance services shall remove 41 all trash and debris from the premises upon which they are working, including but not limited C:\Documents and Settings\BlasieS\Local Settings\Temporary Internet Files\OLK1 F\Refuse Containers Revision (I) (2).doc 2 to hmbs, trec trunks, roots, shrubbery chppmgs, and other debris emanat1l1g from thClT work. " DIsposal of yard trash produced by commcrcJaI opcratlons vr those paJd to conduct such operations shall be strictly prohibited. No yard trash shall be placed on property owned or 4 occupied by others without permIssion. S (5) Refuse containers, cans, and carts shall not bc kept or maintained upon or adjacent to 6 any street, sidewalk, parkway, front yard, side yard or other place within the view of persons ., I using illl.k streetor sidewalk, located within the City, except as provided herein. Protection of t Deleted: the CI2>~_ __n."'" . ." _.,_..._...__n.'........, -- - . 8 the containers placed for co11ection is the responsibility of the resident. Deleted: s .........-.-...-.- .._....-... Curbside residential recycling service will be given to each residential dwelling unit Deleted: s 9 (6) ---- \0 with the Clty, once a week. The City shall provide each resident with two (2) recycling bins or 11 carts. One shall be used for the accumulation of plastic containers, glass, aluminum and other 12 allowable co-mingled materials. The other shall be used for newspaper, magazines, glossy 13 paper, office grade paper, and corrugated cardboard. The bins shall be set out on the 14 designated collection day. 15 (7) The responsibility for proper placement and preparation of solid waste materials for 16 collection shall be that of the resident of the dwelling unit. It shall be unlawful for any person, 17 upon vacating or moving from any dwe11ing, storeroom, or any other building in the City, to 18 fail to remove all garbage, rubbish, and debris from such building and premises, and grounds 19 appurtenant thereto, or to fail to place said waste in an approved sanitary container for 20 disposal in accordance herewith. Failure of a renter, lessee, and/or tenant to comply with this 21 requirement shall obligate the property owner of record to fulfill the responsibility of 22 compliance with this Article. 2.1 (8) Hazardous wastes, infectious wastes, construction and demolition material, dead 24 animals and any other prohibited waste shall not be placed in garbage cans, bags. or any other 25 types of containers or placed loose on the ground with the expectation of having the material 26 collected by the City. These materials are not part of Single Family Residential Refuse ~~ Collection Servlce. The resident and/or property owner should contact the Director of Public -I 28 Works in order to inquire as to the proper disposal method for such materials. 29 .1(J Section 3. Each and every other provision of Chapter 10, not herein speCIfically .1 I amended shall remain in full force and effect as prevIOusly enacted. 32 Section 4. All ordinances or parts of ordinances m conflict herewith be and the " same are hereby repealed. _"".:'I 34 Section 5. Should any section or provision of this ordinance or portion hereof, any 35 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, C:lOocuments and Setlings\BlasieS\Loca1 SettingslTemporary Internet FileslOLK I F\Refuse Containers Revlsion (J) (2).doc , 1 such decision shall not affect the remainder of this ordinance. 2 Section 6. Authority is hereby granted to codify said ordinance. 3 Section 7. This ordinance shall become effective upon adoption on Second 4 Reading. 5 FIRST READING this _ day of September, 2008. 6 SECOND, FINAL READING AND PASSAGE this day of 7 ,2005. 8 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 12 Mayor 13 14 15 Vice Mayor 16 17 18 Commissioner 19 20 21 ATTEST: Commissioner 22 23 24 City Clerk Commissioner 25 26 (CORPORA TE SEAL) 27 28 H:\] 990\9001 82.BB\ORD\Refuse Containers Revision (1 ).doc C:\Documents and Settings\BlasieS\Local Settings\Temporary Internet Files\OLKI F\Refuse Containers Revision (I) (2).doc 4 XII. - LEGAL - 2nd Reading Non-Development CITY OF BOYNTON BEACH ITEM 8.3 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 c=J August 19,2008 August 4,2008 (Noon) IZI October 21. 2008 October 6, 2008 (Noon) c=J September 2, 2008 August 18, 2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) 0 September 18, 2008 September 2, 2008 (Noon) c=J November 18, 2008 November 3,2008 (Noon) c=J October 7, 2008 September 15,2008 (Noon) c=J December 2, 2008 November 17,2008 (Noon) 0. 0 o~ c=J AnnouncementslPresentations 0 City Manager's Report co ::j-< <::) -<13 NATURE OF c=J Administrative 0 New Business n C")"TI -t AGENDA ITEM c=J IZI - rG) Consent Agenda Legal mo <::) ~-< 0 Code Compliance & Legal Settlements 0 Unfinished Business ~:z: ~ cn-l 0 Public Hearing c=J :::JI: 0 0,% N .." .. ~ en .z:- r<< RECOMMENDATION: Motion to approve amendment to Chapter 9, Section 9-22 (c) as noted on page 2 of the :c enclosed Ordinance. (Exhibit "A") EXPLANATION: The approval of this amendment clarifies the language in Chapter 9 with respect to the City's ability to hold a property owner responsible for payment of unpaid inspection fees due the Fire Department/City as a result of their annual fire inspections. Current language is vague and deemed by our Legal Department to be insufficient in holding the owners of commercial property liable for unpaid fire inspection fees. Typically a property owner claims they shouldn't be held accountable for fees associated with annual fire inspections. This is especially true when a tenant has vacated a unit in a commercial building without paying the fire inspection fee and therefore "sticking" the City for the unpaid fee. Staff (Code Compliance/Fire), feel the inspection occurs for the benefit of all including the owner of the building and therefore the owner should be responsible as well for the payment of these fees. Staff also feels this was the intent when this Code was originally put in place. PROGRAM IMP ACT: Approval of this amendment will provide more consistency within Chapter 9 as property owners are currently held liable for the payment of false alarm fines as well. No additional resources will be required and revenues will be enhanced with respect to our fire inspection fee collection program. FISCAL IMP ACT: Increased revenue in fire inspection fee program. ALTERNATIVES: Work with existing Code. ~~ City Manager's Signaftu-e Assistant to City Manager Ch-L- Department Name City Attorney i Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ! i i i I I I 1 ORDINANCE NO. 08-0.30 , I - , AN ORDINANCE OF THE CITY OF BOYNTON BEACH. -4 FLORIDA, AMENDING SECTION 9-22 OF CHAPTER 9, 5 "FIRE PROTECTION AND PREVENTION," TO 6 PROVIDE FOR INDIVIDlJALS AND ENTITIES WHO 7 ARE RESPONSIBLE FOR PAYMENT OF FIRE AND 8 SAFETY INSPECTION SERVICES; PROVIDING FOR 9 ENFORCEMENT; PROVIDING FOR CONFLICTS, ]0 SEVERABILITY, CODIFICA TION, AND AI\ I I EFFECTIVE DATE. I:' I j WHEREAS. the City of Boynton Beach Fire and Life Safety Division has determined ]-4 that it is necessary to amend Section 9-:22 of Chapter 9 of the City's Code of Ordinances tl\ 15 further identify the individuals and entities who will be responsible for the payment of the tin.' 16 safety inspection fee: and. 17 WHEREAS. the City Commission has determined that it is in the best interests of the 18 'esidents and citizens of the City of Boynton Beach to amend Section 9-22 of Chapter q of the 19 'ode of Ordinances to further identify the individuals and entities who will be responsihle for :'0 he payment of the fire safety and inspection fee. :'1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF " HE CITY OF BOYNTON BEACH, FLORIDA, THAT: " -j :'-4 Section 1. The tlJregoing "Whereas" clauses are hereby ratified and confinned as :'5 eing true and correct and are hereby made a specific part of this Ordinance upon adoption 26 1ereo1'. :'7 Section 2. Chapter 9. "Fire Protection and Prevention", Article II "Fire Codes and :'8 ~ees" is hereby amended as follO\vs: 29 .30 \rt. II. F ire Codes and Fees .3] Page I 1 . . . 2 3 Sec. 9-22. Fire inspection fees. 4 I (a) A fee in the amount of $.060 per square foot shall be levied on all new 5 construction, alterations, or additions in the city. This fee shall encompass plan review and 6 necessary fire inspections required prior to the issuance of a Certificate of Occupancy. The 7 City Manager is authorized to waive the fee for all city buildings and events. 8 (b) The following permit fees for fire protection systems are required: 9 (1) Fire detection and annunciation systems: 10 a. Less than 5,000 sq. ft. $35; ]1 b. Greater than 5,000 sq. ft. $50, plus $10 for each 1,000 additional ]2 square feet over 5,000. 13 (2) Fixed fire suppression systems $35 per hour, $35 minimum. 14 (3 ) Hazardous, flammable or explosive materials: $35. 15 (4) The plan review fee shall be four (4) times that specified in this table, 16 should commence prior to the fire plan review and approval as required by the )7 Fire Marshal. 18 (5) Change of plans: $35. 19 (6) The following inspection fees are required: reinspection fee, due to 20 violation, incompletion, lack of accessibility, or deviation from approved plan. 21 Following the initial inspection, one (1) reinspection for compliance will be 22 included in the original fee. If additional reinspections are necessary due to the 7" above criteria, reinspection fees will be required. --' 24 a. Second reinspection due to violation: $50. 25 b. Second reinspection due to incompletion, lack of accessibility, or 26 deviation from approved plan: $100. 27 c. Third and subsequent reinspection(s): $150. 28 (c) Annual inspection fees. There is hereby established a fee structure for annual 29 Ire and safety inspection activity conducted by the Fire and Life Safety Division for 30 ommercial enterprises and multi- family dwellings. The owner of each industrial property. 31 'ommercial property. industrial enterprise. commercial enterprise, business, or multi-family 32 welling operating from a location within the city shall be responsible to insure that the 33 annual fire and safety inspection fee as set forth below is paid in a timely manner: Page 2 I I (1) Non-residential.. ( includes all retail. mereant]jc businc~' d t i,-,' industrial. storage occupancies. assembly). healthcare. institutional. re:-;ldemicd , board and care. and residential structures that are required w have bUSIlK'"'' lct"\ .] receipt but not including restaurants. cafes. and public eating places. =' a. First 1.000 sq. feet: $50. 6 b. Each additional 1.000 sq. feet: $8.00. .., c. Tents. canopies and temporary structures: $3:' I 8 d. Churches up to 10.000 square feet: $45. CJ e. Churches over 10.000 square feet: $45 plus $8 for each additional 10 1.000 square feet over 10.000 II I (2 ) Multi-family building (includes hotels. apartments. eooperatl\'es. 12 condominiums, and boarding houses renting furnished or unfurnished rooms or 13 apartments) . 14 a. Three to 24 units: $50. 15 b. Twenty-five to 38 units: $75. 16 c. Thirty-nine units to 100 units: $100. I: d. Each unit over 100 is $10 additional. I~ (3 ) Restaurants. cafes and public eating places: 19 a. Seating capacity up to 15: $35. 20 b. Seating capacity from 16 to 50: $50. 21 c. Seating capacity from 51 to 100: $100. Y) d. Seating capacity over 100: $200. " (4) Educational: --' 24 a. Nursery day care: $35. =:5 h. All others: $75. 26 (5) All others not classified above: $50. 27 (6) Businesses or professional individuals sharing one oftice suite or hay 28 shall be charged only one fire inspection fee. 29 I (7) The fees established in division (e). (d). and (e) shall accrue annually Page 3 1 (d) In the event the annual fire and safety inspection fee is not paid. the City may 2 enforce the non-compliance with this section by sending a notice of violation to the industrial 3 property owner. commercial property owner. business owner. or owner of the multi-family 4 residential dwelling. and then proceeding to the Code Compliance Board due to the 5 responsible parties failure to pay the annual fire and safety inspection fee. 6 (e) Waterlhydrant flow test: $300. 7 --fe1ill Facilities requiring more than one (1) inspection per year, excluding 8 reinspections, shall be charged 50% of the original fee but not less than $35. 9 I tBf.g2 Nothing in this section shall be applied to governmental entities. 10 11 Section 3. Should any section or provision of this ordinance or portion hereof, any 12 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 13 such decision shall not affect the remainder of this ordinance. 14 Section 4. Authority is hereby granted to codifY said ordinance. 15 16 0ection 5. This ordinance shall become effective immediately upon passage. 17 18 FIRST READING this 7 day of Dc:r 0 B E(.2.. ,2008. 19 20 {REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK} 2\ Page 4 1 SECOND. FINAL READING AND P.'\SSA(j~ tlw, ." -I :2 _ _" 2008. --- 3 4 CIT'!, OF BOYNTON BEACH. H.ORIU\ :' 6 ---~._-_.~- ----_._~--_..._--- ..--- 7 Mayor. .Jerf) Taylor 8 9 --'-'- --"' ~._------~~-----_. - I(J Vice Mayor - Jose Rodrigue? II 1:2 ..~._---- .~----- 13 Commissioner - Ronald Weiland 14 I:' - ~--'--'--'--- 16 ATTEST: Commissioner -- WoodrO\v L. Hay 17 18 -.--,.- ~- ----- '"""-- "---'"~------'-'-'-"- 19 Janet Prainito. City Clerk Commissioner - Marlene Ross .::'0 :21 ") , .-- ., ' (CORPOR,-\ TE SEAL) 1 :2-1 ~:' Page '\ E )( ~', b '\ 1 \\ A U I ORDINANCE NO. 08- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING SECTION 9-22 OF CHAPTER 9, 5 "FIRE PROTECTION AND PREVENTION," TO 6 PROVIDE FOR INDIVIDUALS AND ENTITIES WHO 7 ARE RESPONSIBLE FOR PAYMENT OF FIRE AND 8 SAFETY INSPECTION SERVICES; PROVIDING FOR 9 ENFORCEMENT; PROVIDING FOR CONFLICTS, 10 SEVERABILITY, CODIFICATION, AND AN 11 EFFECTIVE DATE. 12 13 WHEREAS, the City of Boynton Beach Fire and Life Safety Division has determined 14 that it is necessary to amend Section 9-22 of Chapter 9 of the City's Code of Ordinances to 15 further identify the individuals and entities who will be responsible for the payment of the fire ]6 safety inspection fee; and, 17 WHEREAS, the City Commission has determined that it is in the best interests of the 18 residents and citizens of the City of Boynton Beach to amend Section 9-22 of Chapter 9 of the 19 Code of Ordinances to further identify the individuals and entities who will be responsible for 20 the payment of the fire safety and inspection fee. 2] NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Ordinance upon adoption 26 hereof. 27 Section 2. Chapter 9, "Fire Protection and Prevention", Article II "Fire Codes and 28 Fees" is hereby amended as follows: 29 30 Art. II. Fire Codes and Fees 31 Page I . .. 2 , Sec. 9-22. Fire inspection fees. 4 (a) A fee in the amount of $.060 per square foot shall be levied on all ne",' Formatted: Justified, Indent. line: OS' S construction, alterations, or additions III the city. This fee shall encompass plan review and l) necessary fire inspections required prior to the issuance of a Certificate of Occupancy. The City Manager is authorized to waive the fee for all city buildings and events. S (b) The following permit fees for fire protection systems are reqUlred: ._--~---_...- , Formatted: Justified <) (1) Fire detection and annunciatJOn systems: "-~'--"" IIJ a. Less than 5.000 sq. ft. $35: "---.- II b. Greater than 5,000 sq. ft. $50. plus $10 for each 1,000 additional' 1 Formatted: Justified, I ndent: Left' i 1", First line: 0.5" ]2 square feet over 5.000. -"'-~- , . Formatted: Justified 13 (2) Fixed fire suppression systems $35 per hour, $35 minimum. ----._--- 14 (3) Hazardous, flammable or explosive materials: $35. ~-~- - -----,. 15 (4) The plan review fee shall be four (4) times that specified in this table: ' Formatted: Justified, Indent: left 1" 16 should commence prior to the fire plan review and approval as required by the 17 Fire Marshal. ]S (5) Change of plans: $35. ]9 (6) The following inspection fees are required: reinspection fee, due to 20 violation, incompletion, lack of accessibility, or deVIation from approved plan. 21 Following the initial inspection, one (1) reinspection for compliance will be "" lI1cluded in the original fee. If additional reinspections are necessary due to the 0' above criteria, reinspection fees will be required. -.' -._-..---" , Formatted: Justified 24 a. Second reinspection due to vJOlation: $50. ___ ___ ...__ .~___ __~.__n 25 b. Second reinspection due to incompletion, lack of accessibility, or< 1 Formatted: Justified, Indent: Left I 1", First line: OS' 26 deviation from approved plan: $] 00. - -~.-~_.._.__._.- . . Formatted: Justified 1~ c. Third and subsequent reinspection(s): $ 150. -~"""-"----""'--, _I .-----~-_....-_.- 28 (c) Annual inspection fees. There 1S hereby established a fee structure for annual-- Formatted: Justified, Indent: First line: 0.5" 29 fire and safety inspection activity conducted by the Fire and Life Safety Division for 30 commercial enterprises and multi- family dwellings. The owner of each industrial property, 3] commercial propertv. industrial enterprise, commercial enterprise, business. or multi-family 32 dwelling operating from a location within the city shall be responsible to insure that the -------.---,'..--- 33 ..annual fire and safetyil1spectiol1 feeas set forthbelow is paid in a timely manner: ~ Deleted: charged an Page 2: I I (I) Non-residential, (includes all retail, mercantile, business office,..-.----l ~rmatted: Justified, Indent: Left: ] 2 industrial, storage occupancies, assembly), healthcare, institutional, residential 1 3 board and care, and residential structures that are required to have business tax 4 receipt but not including restaurants, cafes, and public eating places. 4.- ~ -- Formatted: Justified, Indent: Left: 5 a. First 1,000 sq. feet: $50. 1", First line: 0.5" 6 b. Each additional 1,000 sq. feet: $8.00. 7 c. Tents, canopies and temporary structures: $35. 8 d. Churches up to 10,000 square feet: $45. 9 e. Churches over lO,OOO square feet: $45 plus $8 for each additional 10 1,000 square feet over I 0,000. I] I (2) Multi-family building (includes hotels, apartments, eooperatives,.------l ~rmatted: Justified, Indent: Left: ] 12 condominiums, and boarding houses renting furnished or unfurnished rooms or 13 apartments). ....- Formatted: Justified, Indent: Left: 14 a. Three to 24 units: $50. 1", First line: 0.5" 15 b. Twenty-five to 38 units: $75. 16 c. Thirty-nine units to 100 units: $100. 17 d. Each unit over 100 is $10 additional. .. Formatted: Justified, Indent: Left: 18 (3) Restaurants, cafes and public eating places: 1" ....- Formatted: Justified, Indent: Left: 19 a. Seating capacity up to 15: $35. 1", First line: 0.5" 20 b. Seating capacity from 16 to 50: $50. 21 c. Seating capacity from 5 I to 100: $100. 22 d. Seating capacity over 100: $200. .. Formatted: Justified, Indent: Left: 23 (4) Educational: 1" .--- - Formatted: Justified, Indent: Left: 24 a. Nursery day care: $35. 1", First line: OS' 25 b. All others: $75. 26 (5) All others not classified above: $50. 27 (6) Businesses or professional individuals sharing one office suite or bay 28 shall be charged only one fire inspection fee. 29 I (7) The fees established in division (c), (d), and (e) shall accrue annually. Page 3 1 (d) [n the event the annual fire and safety mspectlon fee 1S not paid. the ell\ ma'v. Formatted: :'ushflt~~j, Irlden: 2 enforce the non-compliance with this section bv sending a notice of vlOlation to the industnal "ne' os J property owner, commercIal propertv owner. business owner, or owner of the multl-famih 4 residential dwelling, and then proceeding to the Code Compliance Board due to the 5 responsible panies failure to pay the annual fire and safety mspection fee. . --- ------ Formatted: Justified (, (e) Water/hydrant flow test: $300, ----,. I I -~.----._-------._---- 7 I .ill Facilitie.sT(:quiring more than .one (I) inspectIon per year, . excluding Deleted: lei H remspectiolls, shall be charged 50% of the original fee but not less than $35. ~->~-- I Deleted: If, q I i.g) Nothing in this sectionshall ~e applied to governmental entities. ---- 10 11 12 Section 3. Should any section or provision of this ordmance or portion hereof, any [ 3 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 14 such decision shall not affect the remainder of this ordmance. ] 5 Section 4. Authority is hereby granted to codify said ordinance. ii, 17 Section 5. This ordinance shall become effective Immediately upon passage. lH I'.! FIRST READING this - day of --- ,2008. 20 21 SECOND, FINAL READING AND PASSAGE this .- day of 22 , 2008. ,- -.' 24 CITY OF BOYNTON BEACH, FLORIDA 25 26 ._-~_.._- ,- Mayor - Jerry Taylor - / 2H 29 ,- 3D Vice Mayor- Jose Rodriguez 31 32 " Commissioner - Ronald Weiland 34 J5 3b ATTEST: Commissioner ~ Woodrow L. Hay ,', 3S .~----~-- --~.- Page 4 I Janet Prainito, City Clerk Commissioner - Marlene Ross 2 3 (CORPORATE SEAL) 4 5 6 H:I19901900182.BBIORDIFire Inspection Fee Recovery Sept 2008 (I).doc Page 5