Agenda 01-05-10 Searchable
The City of
B nt
n Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
TUESDAY, JANUARY 5, 2010
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jerry Taylor
Mayor - At Large
Ron Weiland
Commissioner - District I
Woodrow Hay
Vice Mayor - District II
Jose Rodriguez
Commissioner - District III
Marlene Ross
Commissioner - District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the
order of business conducted at the meeting. The City Commission will not take action upon any
matter, proposal, or item of business, which is not listed upon the official agenda, unless a
majority of the Commission has first consented to the presentation for consideration and
action.
. Consent Agenda Items: These are items which the Commission does not need to discuss
individually and which are voted on as a group.
. Regular Agenda Items: These are items which the Commission will discuss individually in the
order listed on the agenda.
. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can
be by either a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings,
Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to
impose time limits on the discussion on an issue.
. Public Hearings: Any citizen may speak on an official agenda item under the section entitled
"Public Hearings."
. Public Audience: Any citizen may be heard concerning any matter within the scope of the
jurisdiction of the Commission - Time Limit - Three (3) Minutes
. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the
agenda after a motion has been made and properly seconded, with the exception of Consent
Agenda Items that have not been pulled for separate vote, reports, presentations and first
reading of Ordinances - Time Limit - Three (3) minutes
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your
name and address.
DECORU M:
Any person who disputes the meeting while addressing the Commission may be ordered by the
presiding officer to cease further comments and/or to step down from the podium. Failure to
discontinue comments or step down when so ordered shall be treated as a continuing disruption of the
public meeting. An order by the presiding officer issued to control the decorum of the meeting is
binding, unless over-ruled by the majority vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City
Commission Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East
Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third
Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings
have been moved due to Holidays/Election Day).
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1. OPENINGS
A.
B.
C.
D.
1.
2.
2. OTHER
Call to order - Mayor Jerry Taylor
Invocation
Pledge of Allegiance to the Flag led by Commissioner Ron Weiland
Agenda Approval:
Additions, Deletions, Corrections
Adoption
A. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
Announce the upcoming Ocean Avenue Concert.
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the
discretion of the Chair, this 3 minute allowance may need to be adjusted depending
on the level of business coming before the City Commission)
5. ADMINISTRATIVE
Appoint eligible members of the community to serve In vacant positions on City
advisory boards.
6. CONSENT AGENDA
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with
all of the accompanying material to become a part of the Public Record and subject
to staff comments.
Approve the Minutes from the City Commission meetings held on November 17,2009,
December 1,2009 and December 15,2009.
PROPOSED RESOLUTION NO. R10-001 -- Approve an Agreement with Broadcast
Music, Inc. (BMI) to acquire the licensing necessary to play music for public
performance
PROPOSED RESOLUTION NO. R10-002 -- Approve Cooperative Agreement among
COALA (Cooperative Authority for Library Automation) member libraries to include the
City of Boynton Beach, Town of Lake Park, Village of Palm Springs, Village of North
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Palm Beach, and Delray Beach Public Library Association, Inc., for the operation of a
shared library automation system.
PROPOSED RESOLUTION NO. R10-003 -- Approve 36-month Agreement with
Paetec for existing phone-line equipment and ongoing long distance service.
PROPOSED RESOLUTION NO. R10-004 -- Approve an agreement with Federal
Property Registration Corporation for the administration of the City's Abandoned
Personal and Real Property Ordinance 09-040 including the proactive notification to
all mortgagees requiring their registration of vacant properties within the City's
jurisdiction.
PROPOSED RESOLUTION NO. R10-005 -- Approve a Railroad Reimbursement
Agreement with the Florida Department of Transportation authorizing grade crossing
signal improvements on the FEC rail line on Martin Luther King, Jr. Blvd.lNE 10th
Avenue.
PROPOSED RESOLUTION NO. R10-006 -- Approve update to the fee schedule used
by the Department of Public Works, Engineering Division in issuance of various
permits from time to time within the public rights-of-way of the City.
Accept the monthly report on the major projects being completed by the Recreation
and Parks Department.
Approve the "VISTABELLA AT RENAISSANCE COMMONS REPLAT 2, A P.U.D."
Record Plat conditioned on the approval being the certification of the plat document by
H. David Kelley, Jr., (City Engineer and Surveyor and Mapper).
Approve payment of $41,712 to R&S Integrated Products for the annual renewal of
the Laserfiche software and scanner hardware maintenance.
7. CODE COMPLIANCE & LEGAL SETTLEMENTS
Approve mediated settlement agreement in the case of Southeast Drilling Services vs.
City of Boynton Beach.
8. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
Conduct Impasse Hearing and resolve open issues to settle SEIU - White Collar
Collective Bargaining Agreement.
The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
PROPOSED ORDINANCE NO.10-001 -- FIRST READING - Casa Del Mar Yacht
Club rezoning (REZN 09-003). Request to rezone 4.11 acres of property from Infill
Planned Unit Development (IPUD) with a master plan for a multifamily use to IPUD
with a master plan for a marina use.
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Pro-Golf I Mega Mini (ADAP 09-002), Administrative Appeal, located at 2951 SW 14th
Place. Request approval for an appeal of an administrative determination that a
storage bay shall not be used to manufacture, fabricate or process goods in a self-
storage facility in the M-1 Zoning District as indicated in Chapter 2. Zoning, Section
11.0.1.c. Applicant: Michael Weiner, Weiner & Associates, P.A. (TABLED on
December 15, 2009 in order for the applicant to satisfy the prerequisite public
notification requirements.)
9. CITY MANAGER'S REPORT
PROPOSED RESOLUTION NO. R10-007 -- (a) Approve and authorize execution of a
Contract for "OCEANFRONT PARK BOARDWALK REPLACEMENT" Bid # 002-
2730-10/CJD with: PALM BEACH MARINE CONSTRUCTION INC. of West Palm
Beach, Florida, in the amount of: $1,281,262 plus a 10% contingency of $128,126 for
a total expenditure of: $1,409,388 and (b) Waive a minor technicality in the bid
submission.
Accept the City of Boynton Beach FY2008/2009 Annual Grants Report.
Review and accept the FY 2009 -10 Budget Status Report of General Fund & Utility
Fund Revenues & Expenditures as of November 30,2009.
Review property notification language and procedures for CRA Brownfield program.
PROPOSED RESOLUTON NO. R10-008 -- Award a contract for Bid #004-2821-
10/JA, "Regional Force Main Jack & Bore Project" to Johnson-Davis, Inc. (J-D) of
Lantana, Florida with a bid price of $1,021,270, also approve an owner's contingency
of 10% in the amount of $102,127 for a total project funding authorization of
$1,123,397.
Review of Renovation Plan for Historic Boynton Beach High School submitted to the
City Commission on December 15, 2009.
Reject the nine (9) highest bids the City received In response to the Invitation to
Bidders.
PROPOSED RESOLUTION NO. R10-009 -- Award a contract for Bid #005-2821-
10/JA "Regional Force Main Project" to Danella Utility Construction, Inc. of Pompano
Beach, Florida with a Bid price of $4,209,900, and to also approve an owner's
contingency of 10% in the amount of $420,990 for a total funding authorization of
$4,630,890.
10. FUTURE AGENDA ITEMS
A. Review of application packet and process for CRA appointments. City Commission is
asked to review the application materials and selection process for appointment of a
seven-member Community Redevelopment Board. The timeline for the appointment
of the CRA Board per Ordinance 09-030 is subject to the discretion of the City
Commission. (Tabled to January 2010).
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11. NEW BUSINESS
None
12. LEGAL
PROPOSED ORDINANCE NO. 09-044 -- SECOND READING -- IPUD Zoning
District-Marine-Oriented & Water Dependent Uses, (CDRV 09-008). Amending the
Land Development Regulations, Chapter 2, Zoning, Section 5. L., changing the intent
section to promote water access and recreational opportunities with accommodation
of uses including marine-oriented and water-dependent uses, and establishment of
development regulations for implementation. Applicant: City-initiated.
(Request for Reconsideration by Commissioner Marlene Ross of Ordinance 09-044
which was adopted on second reading at the December 1,2009 Commission Meeting
was approved by the Commission on December 15,2009.)
PROPOSED ORDINANCE NO. 09-048 -- SECOND READING - Parking
requirements for dry boat storage and private marinas (CDRV 09-008). Request to
amend Part III, Chapter 2, Zoning, Section 11.H.16(e)(10) to add separate parking
standards for private marinas including dry boat storage. This amendment is in
conjunction with the related amendments to the IPUD zoning district for marine-
oriented and water-dependant uses, as processed by Ordinance 09-044.
PROPOSED ORDINANCE NO. 10-002 -- FIRST READING -- Approve changes to
the Sewer Use Ordinances as per the revised Industrial Waste and Pretreatment
Agreement between the City of Boynton Beach, the South Central Regional
Wastewater Treatment and Disposal Board and the City of Delray Beach.
13. UNFINISHED BUSINESS
None
14. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH
PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN
INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A
SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT PAM WELSH (561) 742-6013 AT
LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY
ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S
WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S
WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK.
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3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
~ ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: Announce the upcoming Ocean Avenue Concert.
EXPLANATION OF REQUEST: On Friday, January 15, 2010, the Boynton Beach CRA, the City of
Boynton Beach and The Palm Beach Post will present an Ocean Avenue Concert, featuring the Bulldog
Rock & Roll Band. This FREE concert will take place from 6:00 PM to 9:00 PM at the Amphitheatre
next to the Schoolhouse Children's Museum on Ocean Avenue just east of Seacrest. Food and Drink
vendors are available. Please bring your folding chairs and be prepared to dance the night away.
Parking onsite, no pets please.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
FISCAL IMPACT: CRA Budget - line item 02-58500-480
AL TERNA TIVES:
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5. A
ADMINISTRATIVE
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
~ ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: Appoint eligible members of the community to serve in
vacant positions on City advisory boards.
EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for
vacancies on the various advisory boards. A list of vacancies is provided with the designated
Commission member having responsibility for the appointment to fill each vacancy.
HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? The boards listed will not be full boards
and may compromise the efficiency of the individual board.
FISCAL IMPACT: None
ALTERNATIVES: Allow vacancies to remain unfilled.
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Appointment Length of Term
To Be Made Boa rd Expi ration Date
I Weiland Arts Commission Reg 3 yr term to 12/12
II Hay Arts Commission Reg 3 yr term to 12/12
III Rodriguez Arts Commission Alt 1 yr term to 12/10
IV Ross Arts Commission Alt 1 yr term to 12/10
Mayor Taylor Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/12
I Weiland Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/12
II Hay Bldg. Bd. of Adj & Appeals Reg 3 yr term to 12/12
III Rodriguez Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/10 (Tabled 3)
IV Ross Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/10
IV Ross Cemetery Board Reg 3 yr term to 12/12
Mayor Taylor Cemetery Board Alt 1 yr term to 12/10
Mayor Taylor Code Compliance Board Reg 3 yr term to 12/12
I Weiland Code Compliance Board Reg 3 yr term to 12/12
IV Ross Code Compliance Board Alt 1 yr term to 12/10
II Hay Code Compliance Board Alt 1 yr term to 12/10
IV Ross Community Relations Bd. Reg 3 yr term to 12/12
Mayor Taylor Community Relations Bd. Reg 3 yr term to 12/12
I Weiland Community Relations Bd. Reg 3 yr term to 12/12
II Hay Community Relations Bd. Alt 1 yr term to 12/10 (Tabled 2)
III Rodriguez Community Relations Bd. Alt 1 yr term to 12/10 (Tabled 2)
Mayor Taylor Education & Youth Advisory Board Reg 2 yr term to 12/11
I Weiland Education & Youth Advisory Board Reg 2 yr term to 12/11
II Hay Education & Youth Advisory Board Reg 2 yr term to 12/11
III Rodriguez Education & Youth Advisory Board Reg 2 yr term to 12/11
II Hay Education & Youth Advisory Board Alt 1 yr term to 12/10 (Tabled 3)
IV Ross Education & Youth Advisory Board Alt 1 yr term to 12/10
III Rodriguez Education & Youth Advisory Board Stu N/V 1 yr term to 12/10 (Tabled 3)
IV Ross Education & Youth Advisory Board Stu 1 yr term to 12/10 (Tabled 3)
Mayor Taylor Education & Youth Advisory Board Stu 1 yr term to 12/10
II Hay Employees' Pension Board Reg 3 yr term to 12/12
III Rodriguez Library Board Reg 3 yr term to 12/12
IV Ross Library Board Reg 3 yr term to 12/12
II Hay Library Board Alt 1 yr term to 12/10 (Tabled 2)
Mayor Taylor Library Board Alt 1 yr term to 12/10 (Tabled 3)
I Weiland Planning & Development Board Reg 2 yr term to 12/11
II Hay Planning & Development Board Reg 2 yr term to 12/11
III Rodriguez Planning & Development Board Reg 2 yr term to 12/11
IV Ross Planning & Development Board Reg 2 yr term to 12/11
Mayor Taylor Planning & Development Board Alt 1 yr term to 12/10
Mayor Taylor Planning & Development Board Alt 1 yr term to 12/10
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Appointment
To Be Made
Boa rd
Length of Term
Expi ration Date
Mayor Taylor Recreation & Parks Board Reg 3 yr term to 12/11 (Tabled 2)
I Weiland Recreation & Parks Board Reg 3 yr term to 12/12
II Hay Recreation & Parks Board Reg 3 yr term to 12/12
IV Ross Recreation & Parks Board Alt. 1 yr term to 12/10 (Tabled 2)
III Rodriguez Recreation & Parks Board Alt 1 yr term to 12/10
IV Ross Senior Advisory Board Reg 2 yr term to 12/11
Mayor Taylor Senior Advisory Board Reg 2 yr term to 12/11
I Weiland Senior Advisory Board Alt 1 yr term to 12/10
II Hay Senior Advisory Board Alt 1 yr term to 12/10
I Weiland Veterans Adv. Commission Reg 3 yr term to 12/12
II Hay Veterans Adv. Commission Reg 3 yr term to 12/12
III Rodriguez Veterans Adv. Commission Alt 1 yr term to 12/10
IV Ross Veterans Adv. Commission Alt 1 yr term to 12/10
Mayor Taylor Veterans Adv. Commission Alt 1 yr term to 12/10
I Weiland Veterans Adv. Commission Alt 1 yr term to 12/10
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Last Name First 1st Choice 2nd Choice 3rd Choice
Name
Barnes Matthew Planning and
Dev. Bd
Boruck Morris Veterans
Commission
Bra ke Ja mes Code
Compliance Bd
Carroll Kathleen Code
Compliance Bd
Chiste Robert Education &
(STUDENT) Youth Adv. Bd.
Cook Dana Arts Commission
Cregan Katharine Senior Adv. Bd
Davenport Donn Arts Commission
dela Torre III Jose Education & Planning & Community
Youth Adv. Bd Dev. Bd. Relations Bd.
Farrington John Veterans
Commission
Foertsch Leah Arts Commission Planning &
Dev. Bd.
Frazier Pat Recreation & Senior Adv. Bd
Parks Bd.
Gavlick Stanley Veterans
(Alternate Commission
ONLY)
Grcevic Sharon Planning & Dev. Community
Bd Relations
Gresh Thomas Recreation &
Parks Bd
Guritzky Sanford Bldg. Bd of Adj
& Apls
Hoban Deborah Library Bd
Jones Myra Education &
Youth Adv. Bd
Killian Candace Planning & Dev.
Bd
Krabill Thomas Veterans
Commission
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Last Name First 1st Choice 2nd Choice 3rd Choice
Name
Kurtz Richa rd Bldg. Bd. of Adj Planning & Code
& Apls Dev. Bd Compliance Bd
LaTour Jamie Code
Compliance Bd.
McVey Jack Recreation &
Parks Bd
Moeller Christine Arts Commission
Morera Mary Education &
Youth Adv. Bd
Mura Joyce Community
Relations Bd
Myott Steve Planning & Dev.
Bd
North Tiffany Education & Community Recreation &
Youth Adv. Bd Relations Bd Parks Bd
Pleasanton Valerie Library
Orlove William Recreation &
Parks Bd
Scantlan Don Veterans
Commission
Sulzer Laurie Arts Commission Li bra ry Bd
Stern Phyllis Community Senior Adv. Bd Education &
Relations Bd Youth Adv. Bd
Taylor Jeannie Library Bd
Timm Warren Planning & Dev.
Bd
Waldman Stephen Education &
Youth Adv. Bd
Waterhouse Regina Community Education & Li bra ry Bd
Relations Bd Youth Adv Bd
Wilkinson Loretta Education &
Youth Adv. Bd
Wolf Halena Arts Commission
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6. A
CONSENT AGENDA
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: Approve the Minutes from the City Commission meetings
held on November 17,2009., December 1,2009 and December 15,2009.
EXPLANATION OF REQUEST: The City Commission met on November 17,2009, December 1,
2009 and December 15,2009 and minutes were prepared from the notes taken at the meeting
by the Deputy City Clerk. The Florida Statutes provide that minutes of all Commission
meetings be prepared, approved and maintained in the records of the City of Boynton Beach.
HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? A permanent record of the actions taken
by the City Commission will maintained as a permanent record.
FISCAL IMPACT: NIA
ALTERNATIVES: NI A
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MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
AT 6:30 P.M., ON TUESDAY, NOVEMBER 17, 2009
Present:
Jerry Taylor, Mayor
Woodrow L. Hay, Vice Mayor
Ron Weiland, Commissioner
Jose Rodriguez, Commissioner
Marlene Ross, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Judith Pyle, Deputy City Clerk
1. OPENINGS
A. Call to order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Jose Rodriguez
Mayor Taylor called the meeting to order at 6:32 p.m. Vice Mayor Hay gave the invocation
followed by the Pledge of Allegiance to the Flag led by Commissioner Rodriguez.
D. Agenda Approval:
1. Additions, Deletions, Corrections
There was consensus to move the canal issue item forward to B.1 under Announcements.
2. Adoption
Motion
Vice Mayor Hay moved to approve the agenda as amended. Commissioner Ross seconded
the motion. The motion passed unanimously.
2. OTHER
A. Informational Items by Members of the City Commission
Commissioner Ross brought up The Safe and Citizens for Improved Transit who were seeking
signatures for anyone interested in supporting the bullet train. She noted many
leaders from other municipalities had signed the petition and she would be supporting the
effort. A resolution would be presented to the Commission at the next meeting addressing the
issue. Commissioner Ross also noted she had been present to hear former Vice President AI
Gore speak on the green initiatives.
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Mayor Taylor had met with the officers of the Habitat for Humanity and their fund raisers for a
tour of the Boynton Beach Community Redevelopment Agency area including the Heart of
Boynton.
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Proclaim November 18, 2009 as Geographic Information Systems Day.
Mayor Taylor proclaimed November 18th as Geographic Information Systems Day and
presented the Proclamation to Phyllis Koch, ITS Director. Ms. Koch invited everyone to visit
the Library Program room on November 18th from 1 p.m. to 3 p.m. to see demonstrations on
how geographical information can assist the City.
B. Presentation by Camp Dresser & McKee Inc. (CDM) regarding the evaluation of
projects to be submitted to the Department of Energy for the Energy Efficiency
Conservation Strategy (EECS) and remaining award of the Energy Efficiency
Conservation Block Grant (EECBG)
Nancy Byrne, Assistant Director of Development, introduced Camp Dresser & McKee who
would review the strategy that was being considered for formal adoption.
Pat Gleason, Camp Dresser & McKee, outlined the presentation plan of various modules
being developed for the Long Range Climate Action Plan. The mission statement included the
language that Boynton Beach would be the premier green city in Florida. There would be
extensive work needed to bring the Comprehensive Plan and Land Development Regulations
to green. Future funding and legislative initiatives were discussed. There were three
components to the work to be done. First, would be a strategy to complete projects
implementing energy conservation. The second component would be the greenhouse gas
emissions inventory and the third, would be the Climate Action Plan to achieve the
sustainability goals. Part of the initial strategy would be to create an energy loan fund of
$250,000 for energy improvements to municipal facilities. The monies saved would be utilized
to pay the loan. Improvements were planned for the Hester Center both indoors and outdoors.
A partnership would be formed with FAU and Dr. Russ Ivory to hire two students to assist City
employees with collection of data for the greenhouse gas emissions inventory. The inventory
would encompass City facilities as well as the Community as a whole. Projections would be
extended to 2025 with various scenarios, but an expected downturn in greenhouse em issions.
The long range plan would involve energy reductions within the City and saving money. A
target will be set as a future goal.
Erin Davis with Lewis, Longman and Walker was involved in the project to assist the City in
setting a realistic goal. There may be State and Federal regulations forthcoming in a climate
bill and could affect the target to be set. The City would have to comply with any
Comprehensive Land Use amendments by the State or Federal government. Incentives can
be put into place to work with the development community to build green. A standard for
tracking the greenhouse emissions reductions would need to be established as required by
Florida law. The State Building Code has also been modified to include greenhouse gas
em ission reductions.
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Mr. Gleason continued that the City may want to add adaptation strategies to the Climate
Action Plan. Water supply availability, planning and utility infrastructure would need to be
considered. Funding would have to be addressed as well as public awareness and education.
The goal for funding would be no use of City funds. In-kind funds may be needed and
Community Development Block Grant Funds and coordination with other grant programs and
other stimulus funding from the State of Florida would be sought.
Commissioner Ross thanked the presenters for their information. She asked for a review of
the timeline involved. Mr. Gleason responded the submission deadline was the end of April
and the energy block grant would be due on January 11, 2010. Vice Mayor Hay contended it
was an aggressive plan and inquired if there were any identifiable road blocks that could be
eliminated. Ms. Bryne clarified establishing the $250,000 municipal revolving fund and the
Ezell Hester Center retrofit were the priorities.
(Commissioner Ross left the dais at 6:59 p.m.)
9.A Accept report on canal and waterway ownership, dedication, and maintenance; and
establish canal and waterway maintenance policies.
(This item was taken out of sequence.)
Mr. Bressner gave a summary of the staff report. Historically, a number of canals were
developed as part of land development over the years. Some were created for drainage, while
others were for mosquito control. Ownership involves the South Florida Water Management
District, Lake Worth Draining District, private property owners or the public. A notation that the
canal is owned by the public does not flow to the maintenance responsibility on the City of
Boynton Beach. In fact, the City was never specifically named, resulting in conjecture. The
maintenance program over the years has been haphazard at best. In 2008 the maintenance
was terminated because direct ownership responsibility was identified to be private property.
Three issues were identified. First, the City would have either to own or have legal rights to
the canal waterway. There are no canals owned by the City of Boynton Beach or any
identifiable responsibility to maintain any canal. Second, public dollars can only be spent for a
public benefit and third, funds must be budgeted.
The proposal involved the City maintaining the canals, focusing on vegetation control. It would
not include dredging canals, but would include funding for the control and removal of
vegetative materials in the canals that present safety issues for adjoining property owners.
Canals previously designed as public would be entitled to be maintained with a funding
mechanism for the control and removal of vegetation in an environmentally appropriate way.
The private canals cannot be maintained unless permission is received from the property
owners in the form of a license agreement, easement or other instrument that also carries the
right of the public to utilize the canals for public benefit. Some property owners may be
resistant to conveying rights to the City. Staff recommended a five-year implementation
program, particularly for the homeowners who have private canals to include a reverter clause.
The property owners would have an opportunity to evaluate the program and give the City time
to re-evaluate the benefits achieved by using public funds.
The program would be funded through the storm water fee with a temporary surcharge to
cover the initial cleanup costs of $125,000 and approximately $50,000 yearly. A policy
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decision would be required to assume the maintenance level for public designated canals and
privately owned canals.
Commissioner Weiland understood the property owners would have several options. Mr.
Bressner understood it was either all property owners signed on to a program or there would
be no maintenance. The temporary program would give everyone an opportunity to review the
results over the five-year time period.
Attorney Cherof advised the best program would be that all the property owners cooperate with
the City to make it happen. If one or two property owners do not want to participate, a program
will have to be devised to work around the section of canal that they own or obtain access to
the canal through a health, safety and welfare basis. It may require Court action.
Commissioner Rodriguez advocated the program should include maintenance of all the canals
and not just those with vegetation issues. Sediment issues with runoff, that the City has
created should be included with a broad based, comprehensive plan for all canals. Mr.
Bressner noted that option was available based on a $.50 a month surcharge that would
continue for a lengthy period of time. The dredging portion of the project would cost
approximately $5.2 million City-wide with a 12 to 15 year funding cycle. Areas would be
selected each year for maintenance and dredging. There is no direct relationship between
dredging and storm water management. The depth of dredging to accommodate boats of all
sizes would be another issue according to Mayor Taylor. He felt the vegetation issue should be
addressed first. Commissioner Rodriguez contended there are standards for depth dredging
throughout the entire state to maintain a certain level.
Vice Mayor Hay inquired if there was any indication of the number of objectors to this type of
program. Mr. Bressner replied there were areas that would not benefit at all from the service,
but the use of public funds would be necessary to maintain the community as a whole. A policy
decision would have to be made that the program is a public service.
Mayor Taylor stressed the complaints brought to the Commission relate only to the vegetation
issue. Commissioner Rodriguez indicated the issue of dredging the canals has been
discussed for almost two years. Mr. Bressner advised there has been research done on the
source of increases in siltation levels.
Commissioner Weiland opined his main concern was the vegetation from a health and safety
issue. He also hoped there could be a clear understanding established so cleaning the canals
of vegetation can be started as soon as possible.
Vice Mayor Hay concurred with Commissioner Weiland to move ahead with the maintenance
immediately and deal with the dredging at a later time. Commissioner Ross agreed.
Mayor Taylor addressed the audience with a show of hands of those who agreed with
commencing the vegetation issue in the canals and then a show of hands of those who felt
both vegetation and dredging should be addressed immediately.
Jeff Lis, 945 Isles Road, Chair of the canal committee for the Boynton Isles Neighborhood
Association, reported he had first contacted the City regarding the dredging issue in
September 2007. The staff report failed to address the Comprehensive Plan Coastal
Management Element - Storm water system and discharges. It also did not address the
Comprehensive Plan as it relates to the policy established that the City would support the
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timely maintenance of regional drainage system features. The dedication of canals in the
Boynton Isles plat would be common law dedications, subject to acceptance by the City. Mr.
Lis contended the City had not accepted the maintenance of the canals as its obligation. There
is case law that acceptance can be implied by the actual use of the property by the public. Ms.
Lis alleged the City had been cleaning the streets and canals in Boynton Isles since 1957 and
upgraded the system in 2009. The Boynton Isles Association would object to additional taxes
for vegetation removal that did not include dredging of the canals.
Steve Antone, 234 SW 2nd Avenue, agreed with Mr. Lis. He did point out that all canals silt
and have to be maintained. Vegetation in the canals is the least of the problem. Flooding
during previous hurricanes was definitely the result of silt increasing. He suggested a source
of funding might be insurance companies, if it will reduce flooding. The Army Corp of
Engineers and FEMA could be other sources for funding.
Mike Bird, Boynton Isles, added the drainage system installed this year made the area a catch
basin for Federal Highway. The road was re-paved. The canals are used by the public in
kayaks and boats.
Jerry Knott, Boynton Isles, noted several of the City's plans address the issue of canal
maintenance and dredging. He requested dredging of the canals be included in any action by
the Commission.
Jeff Shellnot, Lake Eden development, supported the Commission's decision on the
vegetation. He questioned if the Lake Worth Drainage District and the County would be
maintaining the canals out west to control the pollination of the vegetation eastward. The effort
has to be done concurrently with the western areas or the problem will reoccur. The current
problem is the result of stopping the maintenance in 2008.
Gary Fishman, 3504 Diane Drive, applauded the efforts of the Commission to acknowledge
the issue and develop a plan to deal with the vegetation overgrowth.
Patricia, Fitzpatrick, 101 SW 4th Avenue, agreed with the City Manager that taxes were a
good thing. If the City cleans the canals they should own the canals as well. If privately owned
canal owners do not clean their areas they should be assessed a fine and be required to clean
it up.
Victor Norfus, 261 N. Palm Drive, confirmed the vegetation issue was a safety concern and
should be addressed. The dredging was needed for hurricane season storms and runoffs. He
questioned if the cost be covered by an assessment of those canals to be done each year. Mr.
Bressner explained the proposed surcharge would take 10 to 12 years to fund dredging all the
canals within the City.
(Commissioner Ross left the dais at 7:42 p.m.)
Dr. Piotr Blass, a resident, was impressed by Mr. Shellnot's comments and agreed the
harvesting program should be commenced immediately. Cooperation would need to be
sought from the communities west to the Everglades and Lake Worth, or the problem would re-
occur. Other marine biologist should be consulted for possible solutions before monies are
appropriated.
Commissioner Weiland inquired about the length of time for the funding. Mr. Bressner
reiterated the 25 cents a month for two years would cover a five-year program of the initial
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vegetation removal and then $50,000 a year of maintenance cost for five years. The entire
program would be revisited and the results achieved re-evaluated. Commissioner Weiland
supported a two-fold project including the weed cleanup and the dredging as the second phase
of the project. The safety issue should be addressed immediately.
Commissioner Rodriguez suggested some canals may not need to be dredged because the
runoff is not significant. There is an opportunity to get started and analyze the need that exists.
The entire community should be included in the program and not specific areas.
Commissioner Weiland knew of two freshwater canals that needed to be dredged.
Mr. Bressner agreed the need for dredging should be studied and evaluated. The siltation
issue at Boynton Isles and the associate cause should be studied over a period of time.
Vice Mayor Hay clarified the need to coordinate the program between public and private
canals. Mr. Bressner concurred the South Florida Water Management and Lake Worth
Drainage District efforts had to be coordinated with the City Of Boynton Beach project.
Attorney Cherof advised a motion should first be made to find there is a public purpose
because there is a health, safety or welfare issue associated with the fresh water canal
maintenance program.
Motion
Commissioner Weiland so moved. Vice Mayor Hay seconded the motion. The motion passed
unanimously.
Attorney Cherof suggested the next motion support starting with the public canals and direct
the administration to implement a canal maintenance program for the public fresh water
canals.
(Commissioner Ross returned to the dais at 7:51 p.m.)
Motion
Vice Mayor Hay so moved. Commissioner Weiland seconded the motion. The motion passed
unanimously.
Attorney Cherof noted the next motion should be the same, and only relate to the private
canals and the City obtaining access to the private canals. Different ways of obtaining access
would have to be explored. Mr. Bressner suggested a list of options be made available to both
the parties and meet as a group and individually.
Vice Mayor Hay moved to start the private canal maintenance while access would be explored.
Motion passed unanimously.
Motion
Commissioner Rodriguez moved to allocate resources and start the dredging program for the
City of Boynton Beach including the $.50 additional per month fee in addition to the
maintenance program. Commissioner Weiland seconded the motion. The motion passed
unanimously.
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C. Review presentations of four firms that submitted responses to City RFP for
space needs of Police andlor City Hall facility(ies) as authorized by the City
Commission on April 21 ,2009.
There was consensus to have presentations heard in the order of ranking by staff. Attorney
Cherof recalled staff recommended only three companies. He concurred with staff's analysis
that only three companies had properly responded to the Request For Proposal (RFP). The
fourth company did not provide the cost information in the RFP, but has subsequently provided
the information after the deadline for submission. He stressed the Commission can hear any
of the proposals, but should remember staff's recommendation when a decision is made.
Under public disclosure, Mayor Taylor revealed all four companies had contributed to his
political campaign in 2006. Commissioner Ross revealed one of the companies had
contributed to her campaign in 2007, Compson Associates and CH2MHill. Commissioner
Weiland added Renaissance Commons and CH2MHill had contributed to his campaign. Vice
Mayor Hay concurred one had contributed to his 2007 campaign, Renaissance Commons.
Urban Buildinq, CH2MHill
Jan Hoover with Urban Building Systems introduced the team consisting of Rick Bell, Principal
with Urban; Stuart Frisbee, Project Manager; Ron Redner, Superintendent and CH2MHill for
architectural and engineering services. Anderson Slocombe would be the architect in charge
with Tom Orlatski and Mike Flatery. The team also delivered Fire Station #5 and the
Emergency Operation Center on time and under budget. The firm worked on the Jensen
Beach Fire Station, completed the City of Stuart Public Fire Station and EOC complex and St.
Lucie County Fire District.
CH2MHill is a national firm and completed more than 50 public safety facilities nationally and
locally for Boynton Beach, Tequesta, City of Hollywood and North Palm Beach.
A map of the City was displayed showing the locations of the four proposed sites. Mr.
Slocombe noted the proposed site of Urban Building was centrally located with easy access to
1-95 for north and south navigation and east and west access. It would be at the same location
as Fire Station #5 and the EOC. There would be no land acquisition requirements or costs
and no loss to the City tax rolls. The zoning and land use approvals had been obtained. The
master plan accommodated the project and the site is vacant and ready for construction
including the utility infrastructure.
Mr. Slocombe discussed two options. One option was a stand-alone, two-story, police facility
and two-story parking garage. The second option was a police station and City Hall in a three-
story building and three-story parking garage to complete a public safety complex.
The police facility would have a northlsouth orientation and the parking garage would be next
to the 1-95 ramp and not very visible from the street. The garage would have 155 parking slots
along with 102 surface parking areas for police. It would not include parking for the impound
or the sally port. There would be a separate entrance for police vehicles only and a public
entrance. The first floor would have a 15 foot ceiling height for emergency vehicles.
The facility would be 81,000 square feet and it would mimic the architecture of the existing Fire
Station. There would be a skywalk connection from the parking garage to the actual building.
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Option two was similar, but had a slightly bigger footprint for police and City Hall as a three-
story building. City Hall would be on the south side and the police on the north side. It would
be a 133,000 square foot building with additional parking for City Hall.
The construction schedule estimated 24 months to completion. It could be fast tracked with
help from the Building Department. The City Hall portion would add two months to the
construction schedule.
The City would receive an outstanding design with the same quality and level of finishes as the
EOC. There would be a guarantee of timely construction with a competitive price for the police
station of $23,610,650 and the estimate for option two was $38,378,375.
Financing was suggested using Build America bonds with a discount and the industry would
recommend that method. Another option would be private hybrid loans. A third method would
be financing with Urban using a hybrid system. The lease back would be the most expensive
financing option. It was suggested the City create purchase orders for the materials and
supplies to take advantage of the government tax exempt status. The savings could be as
much as 1 % of the total cost.
The team has proven its expertise with Fire Station #5 and have LEED accredited
professionals. The design work can begin immediately and the City would deal directly with
the general contractor and design team throughout the process. Construction costs are at the
lowest levels in years.
Commissioner Rodriguez remarked the proposed site is in the northern most section of the
City and not centrally located. Vice Mayor Hay stressed the City owned the land at the
proposed site.
Sembler and Partners
Jeff Fickway, President, pointed out Sembler and Partners had developed the Boynton Town
Center and 100 acre master plan on Congress Avenue. Mike Hagen, Vice President of
Development was also present. The company is based in St. Petersburg and is one of the
largest retail developers in the southeast having completed over 150 projects in the last 45
years. The proposed site would be integrated into the existing shopping center and the main
street would lead to a new City complex at the terminus.
The team would include Sembler and Partner and Piper, Orien and Herr Architects and Moss
and Associates contractors. The architects have completed many police and fire complexes in
the southeast and the contractor is one of the top 100 in the country specializing in municipal
buildings.
The first option is a combined City Hall and police facility including a new five-story combined
building with 126,000 square feet, 81,000 square feet for the police facility and 45,000 square
feet for City Hall. An additional 16,000 square feet would be for adaptive reuse space and
existing retail space. There would be expanded parking facilities with a parking deck with
secured parking for police parking and an extended clear height on the lower level for
emergency vehicles.
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Two options were provided for the economic structure of the proposals. One would be a lease
hold option and the other a purchase option. The City could lease the space based on gross
square footage for a period of 20 years with three 10-year options. The rental rate would
escalate at 3.5% every year for five years. The maintenance, taxes and insurance would be
the responsible of the City.
The purchase option would involve the City purchasing the land and the building for an agreed
upon price to be paid within 30 days of Sembler's substantial completion of the facilities. The
combined facility would be based on $100 per square foot interior set up allowance at $32 per
gross square foot in terms of a lease rate.
The second option would be the same basic framework with a smaller building to
accommodate the police facility only. It would be located west of the main street. It would be
a three-story building of 65,000 square feet including a parking deck and a lower level for
emergency vehicles or impound area. The base numbers are $110 a square foot for interior
improvement allowance equated to a $36 per gross square foot rental rate and $32.4 million
purchase price. It was proposed that additional efficiencies and negotiations could reduce the
cost to $27 million or $30 per gross square foot rental rate. There would be some flexibility
that could be negotiated to further reduce the cost.
The team would work closely with the City during all phases of the design and construction to
meet the operational requirements and budget constraints. The close proximity to retail
shopping, restaurants and other amenities would complement the project and improvements to
the transportation network would allow for easy access for employees and citizens. It is a
mixed-use environment embracing a livelwork opportunity. It is central to the commercial
corridor.
Renaissance Commons
Jim Comparato, Compson Associates, commented a plan had been submitted by Compson
for the current City Hall site for a workforce housing development and suggested City Hall be
relocated to Renaissance Commons. The proceeds from the sale of the current site would be
used to acquire a new City Hall at Renaissance Commons. Purchase of the current City Hall
site is not possible at this time. The response to the RFP concentrated only on the police
facility.
The new proposal submitted allows the flexibility to relocate the police facility with either a
long-term lease or outright purchase into an existing building at Renaissance Commons. It
would be located in a four-story building surrounding an interior parking lot. There is a fifth
floor utilized for storage. There would be an option to lease the facility on the short term and
purchase it anytime in the next ten years at the current proposed price adjusted only by the
consumer price index increase.
The relocation of the police facility is proposed at a fraction of the cost of the other proposals.
Even with the green building regulations, the facility could be delivered at half the price
previously budgeted saving $15 million.
The proposal was for 66,890 square feet in a building with sufficient interior parking for tenants
and surface parking for customers. Either leasing or purchase of the square footage was
proposed encompassing the entire third floor of the building of 45,000 square feet and 5,300
square feet in the central area and processing area. The City would be responsible for the set-
- 22-
up costs for the space. A specific area would be set aside in the parking garage for overnight
parking and a police impound lot. There would be an additional 100 parking spaces reserved
in the interior parking for the police facility.
Compson and Associates would provide the option for the City to purchase 55,300 additional
square feet for future expansion of the police department in the same building on an as
needed basis. It could also be a future City Hall option. They would retain the option to sell
the expansion space to a third party with the first right of refusal to the City. The expansion
price would be the same as the current rate of $180 a square foot with the consumer price
index increase only.
The building was built with the highest standards of 2004. The electrical and HV A systems are
extremely energy efficient. Many green features were incorporated in the design even though
the building is not green. Any interior work to be completed would be green. The City would
have the option to design the building with the specifications needed with a cost range of $55
to $75 a square foot. The City would select the standard they prefer. Bids can then be sought
from contractors to determine the final cost of the improvements allowing a great deal of
flexibility.
Renaissance Commons would sell the 66,000 square feet of shell office space for $180 a
square foot or $12,477,000. The City would be responsible for all interior costs to achieve
occupancy for approximately $3.5 to $4 million additional. No additional fees would be paid for
the parking spaces in the garage or the impound lot. A tenant coordinator would be provided
at no additional cost.
A municipal lease would also be an option for the office space and the set up. It would allow
the City to amortize the cost of the acquisition and set up over a 20-year period rather than a
cash purchase. The electrical service for the common areas has been installed, as well as the
sprinkler system for the entire space and life safety.
As an alternative, the shell finished office space could be leased on the basis of a 20- year
lease. They would donate $468,000 for the first year lease in free rent. The first year of
leasing would cost approximately $7 a square foot and long term would be $14 a square foot
plus the $3.65 for estimated common area maintenance expense. The cost of improvements
would be additional. There was an option for the City to lease the space and have an option to
acquire the building at any time over the next ten years with the only adjustment the consumer
price index.
There would be no risk of cost overruns since the building is already designed and built. Six
months after permits are obtained, the building would be built out for occupancy. There is
easy access, expansion possibilities, 100 cameras on site, restaurants, transit system, parking,
and close proximity to the mall.
In summary and conclusion, the City could purchase the space at $180 a square foot and have
a substantial savings over the other proposals at $12 million for 67,000 square feet. The City
would control the tenant build out with competitive bids and the costs could range from $3.6 to
$5 million depending on the level of green to be utilized. The total cost would be $15,720,000.
There would also be the possible revenue of selling the property on High Ridge Road for $3
million.
- 23 -
The facility could be leased for $712,000 per year and pay $1.1 million in rent with the rate of
$7 the first year and $14 the subsequent years. There would be the ten-year option to
purchase the leased space. There would be option to purchase 55,000 square feet for
expansion.
Commissioner Rodriguez pointed out the proposal was for 67,000 square feet and the other
proposals were for 81,000 square feet. Mr. Comparato replied the 81,000 square foot would
include common areas. He also assured the Commission there was no Chinese drywall used
in the building. Commissioner Ross thanked the presenters for their detailed information.
Patrinelv Group
Mike Ross, Washington Real Estate Partners, explained his company has had ties with the
City of Boynton Beach over the last 20 years, and he was a resident of Boynton Beach. Three
representatives of JMW Architects were also present as well as two representatives of Miller
Construction Partners, partners with Patrinely. Owen Duke of the Patrinely Group advised
office buildings are the core products of the Group.
Mr. Duke explained the team reviewed the Master Plan and its proximity to the transit
development corridor with the rail tracks and the harbor. The cultural civic center is in the area
and the Martin Luther King project. The Master Plan has the City Hall situated on Federal
Highway and Boynton Beach Boulevard.
The plans submitted were for City Hall to be in the center of the block which belongs to
Washington Real Estate Partners, except for a small section owned by the City, which would
be a land swap to complete the area and eliminate the land cost for the project. The new
facility would spur further development for the remainder of the block and spur development to
replenish the tax revenue loss from the use of the land by the City. There is expansion space
in the back for a garage that could be filled in for future use also.
One option provided for a state-of-art police facility to be built at the current location of City
Hall. It would be a familiar location and busy area for a police department. Another option
called for a five-story police facility to be located behind the proposed City Hall with its own
private entrances and connected with a bridge to the garage areas. The current site of City
Hall and the police station could be sold to offset the cost of the new buildings.
Another option was to move the Public Works compound to the High Ridge Road site and
move the police facility to the present site of the Public Works compound near the Martin
Luther King Corridor.
The preferred options were to maintain City Hall at the location on Federal Highway and build
a new police facility at the current location or immediately behind the proposed City Hall
location. The new City Hall would be a gem in the area and be a life-blood for Boynton Beach.
The proximity to the Library would be advantageous for the citizens and visitors. Brick lined
streets would add to the area and replacing the Civic Center with an amphitheater to create a
downtown area would be another feature. The Old High School could be used as an artist
center and would help to keep the downtown area alive.
Commissioner Ross clarified one option proposed the current site of City Hall for the police
facility. The second option would have the City Hall and police facility off of Federal Highway.
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The third option would involve the Martin Luther King Corridor for the Police Department,
moving Public Works and moving City Hall.
Mayor Taylor discussed the proposed land swap and Mr. Duke pointed out there would be a
land exchange with the CRA and no costs. Mayor Taylor inquired about cost estimates and
Mr. Duke would not discuss the issue because only ideas were sought at the time of the RFP
and discussed at previous Commission meetings. The costs would be within the budgeted
amounts.
Commissioner Rodriguez contended a memo dated November 10th outlined all the costs. He
did question the anticipated tax revenue estimates. Mr. Duke responded the current taxes
received are $39,500 and once developed, the site could generate $644,000 in tax revenue
based on the current land values. Developing the current site would generate the higher tax
base.
Vice Mayor Hay remarked his reading of the bid documents found the requirement to provide
preliminary cost estimates in the proposal and it was quite clear. Dollar amounts were not
being revealed. Mr. Duke explained the pricing was based on a hypothetical building since
accurate designs were not available and information was limited. He apologized for his
interpretation of the RFP document and not providing the pricing information with his proposal.
Mayor Taylor stressed the RFP was a legal document and the other developers did not have
the same problem. Commissioner Rodriguez asserted it should be viewed as in the best
interest of the City.
There was discussion on the procedure to be followed and any decision that should or should
not be made based on the four presentations.
Jeff Livergood, Director of Public Works and Engineering, recalled initially the space needs for
the Police Department were determined. Then, the space needs of City Hall were evaluated if
the Police Department was moved and the renovation costs in comparison to replacement
costs. Due to the current economic situation, the opportunity to take advantage of lower
construction costs became an issue for consideration. The RFP was structured to allow the
Commission the opportunity to investigate any possibilities.
Commissioner Weiland was in favor of keeping City Hall in the downtown area, not building a
new City Hall, moving the police facility to Renaissance Commons and moving the Public Work
facility to the site on High Ridge Road to vacate the property in the Heart of Boynton. He
understood Fire Station #1 would remain a substation and the existing police facility could be
used to expand some of the departments for City Hall.
Commissioner Ross agreed with Commissioner Weiland that the Public Works facility should
be moved out of the residential area.
Vice Mayor Hay favored the City Hall and police facility being located next to Fire Station #5 on
property currently owned by the City. The current building is not generating any tax revenue
and it could be sold and revitalize the tax base.
Commissioner Ross wanted the Commission to consider keeping City Hall at its current
location and moving Public Works to the High Ridge Road location. Commissioner Weiland
- 25 -
pointed out moving out of the area would send a negative message to the business owners in
the downtown.
Commissioner Rodriguez alleged many areas have now been redeveloped with new
businesses and yet the east side of town had seen no growth. He predicted, if City Hall was
moved from the downtown area, the entire area would collapse.
Vice Mayor Hay proposed in the long term, developers may be hesitant to deal with Boynton
Beach based on past development trends. He was not opposed to the downtown area and he
could support that decision; however, realistically the property at Fire Station #5 is already
owned by the City and the sale of the current location would be used on the Old High School.
Commissioner Weiland maintained the police facility could be moved west of 1-95 and the
downtown area would not suffer. City Hall should remain downtown. Commissioner Ross
interjected the decision had already been made that the Commission would consider all and
any locations for both the police facility and City Hall. The proposals received were three west
of 1-95 and one east of 1-95. It would be improper to now only consider the one proposal east
of 1-95.
Mayor Taylor favored two of the four proposals. The Renaissance Commons price was
unbeatable, if money was the only concern. The location by Fire Station #5 would create a
firelsafety complex and had the disaster control center. There would be easy access for the
police and the public at that location. The Sembler location was in the middle of a retail area
and could create traffic concerns. The Patrinely proposal was too wide spread and more
expansive than was ever discussed, with no cost estimates provided for any of the ideas.
Commissioner Weiland agreed with Mayor Taylor's logic and reasoning, but he reiterated his
desire to move the Public Works facility out of the Heart of Boynton and a residential
neighborhood to promote redevelopment of the area.
Quintus Greene, Director of Development, advised Public Works would required 8 to 10 acres
and only 4.5 acres was available at the Gateway and High Ridge site. From an economic
standpoint, City Hall is an aging building requiring increasingly costly maintenance. It does
meet current hurricane codes for public buildings. The current site is 3 acres and sits at one of
the busiest intersections in the City. It generates no tax revenue and is an underperforming
public asset. The best use of the site would be a mixed -use redevelopment site. The
proceeds from the sale of the site could be used to refurbish the Old High School.
Commissioner Rodriguez noted most of the current mixed-use sites are empty. He did not
foresee viable mixed-use in the future. Commissioner Weiland agreed. Mr. Greene replied
the economy was at the bottom of a cycle and it would return to the top eventually.
Commissioner Rodriguez reiterated there was an extensive inventory of empty mixed-use
space. Commissioner Ross suggested estimates be sought to refurbish the building and
perhaps do something creative with the facility. Mr. Greene noted the site is worth more as
vacant land than it is with the building on it.
Commissioner Rodriguez contended City Hall was an anchor for the downtown area. Mayor
Taylor and Commissioner Ross countered City Hall as an anchor did not help the downtown
area currently.
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Herb Suss, 1711 Woodfern Drive, offered his opinion that the Renaissance Commons location
for the police facility was the most sensible solution. There would be the opportunity to move
City Hall to the site in the future. The current building has to be demolished as inefficient and
too costly.
Jeff Shell not, noted Delray Beach re-development effort were remarkable and Boynton Beach
should have the same vision. The Congress Avenue area was exploding with retail and the
focus should now be on the eastern side to increase the tax base.
Dr. Piotr Blass, 113 West Tara Lakes Drive, revealed his dream to create a University of
Boynton. If City Hall and the police facility were moved west, then classroom space could be
developed. He envisioned Quantum Park would be excellent site for 215t or 22nd century
industries. More creative uses needed to be pursued.
Steve Antone, 234 SW 2nd Avenue, alleged three of the four respondents to the RFP had not
followed the City's direction. Mr. Bressner advised the four corners of the RFP asked for
pricing information. Mr. Antone countered that funding for or refurbishment of the Old High
School property was required.
Attorney Cherof read from the Request For Proposal, "Some proposals may not address all
elements of the RFP while others may contemplate either the sale or reuse of the remaining
City property and buildings, existing City Hall complex, Quantum Property or Old High School."
It was permissive.
Mr. Antone contended two of the four respondents indicated no financials were required. Mr.
Bressner advised it was the financials of the companies not the proposals.
Mr. Antone noted only one group addressed the City's master plan. Mr. Bressner indicated the
approved master plan called for City Hall to be behind the Civic Center. Commissioner
Rodriguez added the master plan was conceptual. Commissioner Ross emphasized the RFP
did not require the master plan be followed. Mr. Bressner stressed the Patrinely Group
indicated their site was in the Master Plan and that was not correct. Commissioner Rodriguez
stressed the downtown Master Plan was conceptual within the district.
Mr. Antone stressed a great deal of money was spent on the Master Plan. He noted only one
group had talked to a police department. None of the other presenters addressed what the
police facility required. The approach was disorganized, haphazard and unprofessional.
Victor Norfus, 261 N. Palm Drive, understood the priority was the Police Department and City
Hall could be envisioned in the plans. Moving City Hall out of the area would remove one of
the main employers and main attractions to downtown. He agreed the Police Department
needed to move. The Renaissance complex was the least costly, but access could be an
issue. The current City Hall property would go up in value and the building is too costly to
maintain. It should stay in the downtown area. Mr. Norfus agreed the Public Works facility
should be moved from the Martin Luther King corridor. He concluded the Master Plan should
be followed.
Joyce Baker, 430 SW 6th Avenue, recalled Boynton Beach was the gateway to the gulfstream
with the best fishing fleets. The City is now mixed-use and has not followed the Master Plan
developed 28 years ago and was trying to emulate Atlantic Avenue in Delray. She did not feel
the Fire Department and Police Department should be at the north end of the City and the
- 27-
Commission should help all its residents, Commissioner Ross clarified that COWBRA was not
within the City of Boynton Beach.
Victoria Castello, accountant and licensed real estate broker, related that a vibrant downtown
would help every district within the City.
Harvey Oyer, 512 N. Seacrest Boulevard, suggested all the proposals be rejected and a price
for the property across the street from the current City Hall be ascertain to erect a class A
public service building to house police, fire, communication and civil defense areas. It could be
financed through a bond issue and paid for over a twenty year period.
Barbara Ready, 329 SW 13th Avenue, opined the proposals were excellent ideas and they
could be combined to come up with one concept. She reminded the Commission that only one
proposal addressed the Master Plan. A vibrant downtown would add to the quality of life for all
citizens.
Karen Luttrell, 346 SW ih Avenue, expressed concern of moving City Hall or the police
facility out of the downtown area. Both are a landmark for the area and any movement would
allow the surrounding areas to deteriorate and crime increase.
Jim Williams, 4776 N. Classical, Delray, pointed out the downtown Master Plan includes two
sites for City Hall, beside the Library or the Ocean One site.
James Brake, 710 SW 2ih Terrace, appreciated the work that had been done, but felt the
City facilities should be kept downtown and would improve Boynton Beach overall.
Patricia Fitzpatrick, 101 SW 4th Avenue, saw the plans as an opportunity to revitalize
downtown. The safety factor is a huge issue and City Hall would be an anchor to the area.
She admonished the Commission should be responsive to the citizens.
Brian Edwards, 629 NE 9th Avenue, suggested the entire RFP should be reviewed and did not
think the Master Plan should be ignored. The police facility in a retail area did not make sense
to him and he felt it would create more problems, especially in the long term. The location
beside Fire Station #5 was a possibility because the police deserved some independence.
Making the downtown more vibrant was the responsibility of the Commission and the citizens.
A new City Hall and police facility was needed and the voters should decide the issue.
LuLu Dacamara, 836 East Drive, asked the Commission to adhere to the Downtown Master
Plan approved in January of 2009 at considerable expense, time and effort. The plan was to
keep the City Hall downtown and use the Old High School as an anchor.
Warren Timm, 130 NE 26th Avenue, proposed the police facility should be centrally located to
have fast access to all citizens.
Nancy Hogan, 37 Hibiscus Way, Ocean Ridge, a taxpayer in Boynton Beach, a real estate
broker, CPA and a Masters in Public Administration, was disappointed with the process. She
stressed the Commission should not be afraid to offend a developer and listen to the citizens.
Government has to be prudent spending taxpayer dollars but has to take risks in areas with
high crime and low incomes.
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Buck Buchanan, 807 Ocean Inlet Drive, debated the location of the Police Department since
the police patrol and enforce the law on the streets. The location was important to economic
development and the greatest opportunity for growth would be the downtown area. Mr.
Buchanan felt moving City Hall from downtown would be devastating to the area.
Commissioner Weiland confirmed with Attorney Cherof that the goal was to find flexibility to
select those elements of the proposals the Commission wanted to accomplish. Special
conditions of the RFP empower the Commission to pick and choose portions of the proposals.
Vice Mayor Hay envisioned City Hall downtown on US 1 and the location of the Police
Department could be anywhere within the City.
Commissioner Ross surmised the Emergency Operation Center (EOC) was moved to the High
Ridge location and the Police Department should be there also. Mr. Bressner remarked the
property was bought in 2003 for that purpose before the downtown plan was approved.
Commissioner Ross concluded it was a very reasonable approach for a municipality to
consider a public safety complex. She did not favor moving City Hall out of the downtown
area.
Commissioner Weiland asked for Chief Immler's input. The Chief agreed that very few officers
are in the station because they are out on patrol. Even detectives are out doing investigations.
The Police Department had outgrown the current facility many years ago. The hallways are
now storage closets.
Mayor Taylor favored the public safety complex concept. As far as City Hall, he did not have a
problem with keeping it in the downtown area; however, he would not agree with the proposal
submitted without more cost information.
Commissioner Rodriguez agreed with moving the police facility, but there was an opportunity
for economic impact on the east side and the citizens have a need to go to the Police
Department so it should be centrally located. He favored keeping the Police Department in the
Downtown Master Plan district.
Attorney Cherof suggested the first motion should be to reject the proposal from the Patrinely
Group as being non-responsive.
Motion
Commissioner Weiland moved to reject the proposal of the Patrinely Group for the reason
being they were non-responsive. Vice Mayor Hay seconded the motion. The motion passed
4-1. (Commissioner Rodriguez dissenting)
Motion
Commissioner Ross moved to identify two proposals for final consideration for the Police
Department and the two would be Urban and Renaissance Commons, for staff to do final
analysis and feedback so the Commission could make an informed decision.
Motion failed for a lack of second.
Motion
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Commissioner Rodriguez moved to table the matter for a younger day. Vice Mayor Hay
seconded the motion. The motion failed 2-3. (Mayor Taylor, Commissioners Weiland and
Ross dissenting)
Motion
Commissioner Weiland moved to ask staff to enter into, I guess it would be contract talks with
Renaissance Commons to move the Police Department to Renaissance Commons.
Commissioner Ross seconded the motion. The motion passed 3-2. (Vice Mayor Hay and
Commissioner Rodriguez dissenting)
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the
discretion of the Chair, this 3 minute allowance may need to be adjusted depending
on the level of business coming before the City Commission)
Herb Suss, 1711 Woodfern Drive, emotionally described the recent Veterans Day ceremony
and the monuments in Bicentennial Park. He thanked the City for their recognition of the
Veterans.
Don Scantlan, 13 Cedar Circle, joined in Mr. Suss's comments and thanked Chuck Magazine
as the liaison for the Veterans Commission. He commended Tom Kaiser for the work he has
done for the Veterans and the City for their support. Mayor Taylor announced there would be
another ceremony on December 7 at 12:30 dedicating a monument for Pearl Harbor.
No one else coming forward, Mayor Taylor closed the public audience.
5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards.
Motion
Commissioner Rodriguez moved to table all appointments. Commissioner Ross seconded the
motion. The motion passed unanimously.
6. CONSENT AGENDA
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with
all of the accompanying material to become a part of the Public Record and subject
to staff comments.
A. Approve the Minutes from the City Commission meeting held on November 3,
2009.
B. Approve the sole source purchase of two (2) L1FEPAK-15 cardiac
monitorldefibrillators from Physio-Control Inc, located in Redmond, WA, for a
total expenditure of $56,492.27.
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C. PROPOSED RESOLUTION NO. R09-174 -- Approve an Interlocal Agreement
between Palm Beach County and the City of Boynton Beach for joint participation
and project funding for the construction of the bridge on Lawrence Road from
south of the C. Stanley Weaver Canal to north of the C. Stanley Weaver Canal.
The cost to the City is $48,583.20.
D. PROPOSED RESOLUTION NO. R09-175 -- Approve an Agreement with Arts
and Culture Group, Inc. to implement the Jaycee Park Interpretive Public Art
Markers Project for $154,090.
Commissioner Ross pulled item 6.D for discussion.
E. Accept the monthly report on the major projects being completed by the
Recreation and Parks Department.
F. Approve a motion to accept the written report to the Commission for purchases
over $10,000.00 for the month of October 2009.
Motion
Vice Mayor Hay moved to approve the Consent Agenda with the exception of Item 6.D.
Commissioner Ross seconded the motion. The motion passed unanimously.
6.D. PROPOSED RESOLUTION NO. R09-175 -- Approve an Agreement with Arts and
Culture Group, Inc. to implement the Jaycee Park Interpretive Public Art Markers Project for
$154,090.
Commissioner Ross noted it was a matching grant application and staff had worked hard to
accomplish the project.
Debby Coles-Dobay, Public Art Administrator, was pleased with the grant from FIND (Florida
Inlet Navigation District).
Motion
Commissioner Ross moved to approve Proposed Resolution No. R09-175. Commissioner
Weiland seconded the motion. The motion passed unanimously.
7. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
8. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
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Attorney Cherof administered an oath to all those intending to testify on any of the public
hearing items.
A. Sunshine Square Phase I, (SPTE 09-011), Site Plan Time Extension, located at
501 East Woolbright Road. Request approval for one (1 )-year site plan time
extension for a major site plan modification (MSPM 08-002) and conditional use
(COUS 08-001) development order that was approved on March 18, 2008,
thereby extending approval from September 18, 2009 to September 18, 2010.
The Planning and Development Board recommends item be approved.
Applicant: Jeff Zito, Land Design South.
Kathleen Zeitler, Planner, reviewed the request for a site plan time extension to obtain a
building permit. The extension would be to September 18, 2010 with the justification of
economic conditions. Staff recommended approval and that all the previous conditions apply.
The Planning and Development Board recommended approval also.
Jennifer Vail, Land Design South, advised the applicant agreed with the Conditions of
Approval.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Commissioner Rodriguez moved to approve Item VIII.A. Commissioner Ross seconded the
motion. The motion passed unanimously.
B. De Filippis Pool Variance, (ZNCV 09-007), Zoning Code Variance, located at
1006 SW 26th Avenue. Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 1 1, Supplemental
Regulations, E. Swimming Pools, requiring a minimum setback of 8 feet from any
property line, to allow a setback of 1 foot from the rear property line, for a
variance of 7 feet, for a proposed swimming pool within the R-1-AA Single-family
Residential zoning district. The Planning and Development Board heard this item
on October 27th and forwards it with a recommendation of approval. Staff
recommends approval based primarily on lot depth and layout, and the history of
variance approvals within the neighborhood. There are no conditions of approval
recommended by staff or the Board. Applicant: Andrew DeFilippis.
Ms. Zeitler reviewed the location of the property and request for a seven-foot variance for a
pool and a rear setback of one foot. There is 8-10 foot of grassy area from the property line to
the seawall. Similar variances have been approved in the area. Staff and the Planning and
Development Board recommended approval.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. The motion
passed unanimously.
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There was agreement with the applicant to consolidate the three requests for hearing.
C. Seacrest Surgical Center, (ZNCV 09-003), Zoning Code Variance, located at
2314 South Seacrest Boulevard. Request for relief from the City of Boynton
Beach Land Development Regulations, Chapter 2, Zoning, Section 6 (A) (3),
requiring 39 parking spaces to allow the provision of 36 parking spaces, for a
variance of 3 spaces, for a proposed medical office building addition within the
C-1 Office Professional zoning district. The Planning and Development Board
recommends the item be approved. Applicant: Styperek Enterprises, Inc.
D. Seacrest Surgical Center, (MSPM 09-006), Major Site Plan Modification,
located at 2314 South Seacrest Boulevard. Request approval of a major site
plan modification for the construction of a 760 square foot addition to an existing
7,040 square foot building, zoned C-1 Office Professional zoning district. The
Planning and Development Board recommends the item be approved subject to
all staff comments. Applicant: Styperek Enterprises, Inc.
E. Seacrest Surgical Center, (ZNCV 09-004), Zoning Code Variance, located at
2314 South Seacrest Boulevard. Request for relief from the City of Boynton
Beach Land Development Regulations, Chapter 2, Zoning, Section 11 (d) (19),
requiring a 30 foot front setback, to allow a 23 foot setback, for variance of 7
feet, for a proposed medical office building addition within the C-1 Office
Professional zoning district. The Planning and Development Board recommends
the item be approved. Applicant: Styperek Enterprises, Inc.
Ed Breese, Principal Planner, reviewed the requests for a major site plan modification for a
760 square foot addition and variances for parking and a front setback of seven feet. Two
operating rooms were planned to be added that would require less parking spaces than a
practitioner's office. A parking survey was completed by the applicant. The building facades
have been maintained. However, the variance is a direct result of actions on the part of the
applicant and would not meet the hardship criteria. Staff supported commercial and office
redevelopment and business retention and growth. Past variances had been granted using
more than the initial criteria by placing emphasis on economic potential trends and needs of
businesses and impact on adjoining property owners. Staff determined the parking is
underutilized, the design minimizes site impacts, promotes tree preservation and does not
adversely impact surrounding properties. The appearance of the building will not be negatively
impacted or the Seacrest corridor. The encroachment is minimal. An alternative for the
applicant might be relocation. Staff recommended approval, subject to the Conditions of
Approval.
Juan LeNorris, Architect for the project, indicated the applicant was in agreement with the
Conditions of Approval.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Commissioner Weiland disclosed he had spoken with the applicant six weeks ago.
Motion
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Commissioner Weiland moved to approve the parking variance. Vice Mayor Hay seconded
the motion. The motion passed unanimously.
Motion
Vice Mayor Hay moved to approve the major site plan modification. Commissioner Weiland
seconded the motion. The motion passed unanimously.
Motion
Commissioner Weiland moved to approve a variance for seven feet from the 30 foot front
setback. Commissioner Ross seconded. The motion passed unanimously.
F. PROPOSED ORDINANCE 09-044 - FIRST READING -- IPUD Zoning District-
Marine-Oriented & Water Dependent Uses, (CDRV 09-008). Request to amend
the Land Development Regulations, Chapter 2, Zoning, Section 5. L., changing
the intent section to promote water access and recreational opportunities with
accommodation of uses including marine-oriented and water-dependent uses,
and establishment of development regulations for implementation. The Planning
& Development Board recommends that the item be approved, subject to
consideration of limited exterior display for sales purposes, water conservation
and treatment requirements be reasonable considering the actual use of the
water, provisions to allow the temporary residing on a boat, and an increase in
allowed heights based on the spatial needs for boat storage. Applicant: City-
initiated.
Attorney Cherof read Proposed Ordinance No. 09-044 by title only.
Mike Rumpf, Planning and Zoning Director, reviewed the text amendment to support the
comprehensive plan and state laws governing manatee protection, working water fronts, public
access, recreation and economic demands. The intent is to amend the Land Development
Regulations to maximize land use availability and protect residential neighborhoods from
negative impact. The amendment would increase the IPUD mixed- use opportunities or use
potential in certain segments of the Federal Highway corridor. There is a specific tie to the
preferred site category included in the Palm Beach County Manatee Protection Plan. The
entire waterfront would have certain zones. The regulations include site standards, operational
standards, landscaping regulations and design standards. Comments from the public were
reviewed along with staff's recommendations.
Mayor Taylor voiced concern about any residency on boats. Mr. Rumpf noted the current
regulations prohibit anyon-board residency. Commissioner Weiland would support a
temporary, two or three-day occupancy, but not year-round house boats. Mayor Taylor
suggested the issue be examined more closely before second reading of the ordinance.
Mr. Rumpf concluded that staff recommended the changes because it continued to maintain
the integrity of the Infill Planned Unit District and further initiatives of the City and State in
terms of waterfront access and manatee protection.
Mayor Taylor opened the issue for public hearing.
- 34 -
Warren Timm, 130 NE 26th Avenue, suggested a time limit should be set for overnight
accommodation for boaters.
Mark Karageorge, 240A Main Boulevard, supported the proposed ordinance because it
assisted with water conservation efforts and increased economic development.
Bonnie Miskel, representing a property owner within the preferred area, and proposing to
convert their property to a high-end, luxury marina was in favor the proposed changes. EPA
would not grant permits for any docks without the preferred area designation. New technology
in equipment would lessen noise and damage to the boats, but would require the additional
height to be utilized. Ms. Miskel also indicated that overnight residency may be needed to
accommodate work schedules at the marina and the boat owners. She did suggest that the
height extension be minimized with perimeter trees to screen the building.
Nancy Chandler, was concerned about the height increase in an IPUD and any future impact
it may have. The IPUDs are sprinkled throughout the City in single-family neighborhoods and
compatibility should be considered. It should be carefully monitored.
Motion
Commissioner Weiland moved to approve Ordinance 09-044. Commissioner Ross seconded
the motion
Vote
Deputy City Clerk Pyle called the roll. The vote was 5-0.
G. PROPOSED ORDINANCE NO. 09-045 - FIRST READING Request to adopt the
2009 update of the Capital Improvements Element (CIE) of the City's
Comprehensive Plan for submittal to the Department of Community Affairs
(DCA).
Attorney Cherof read Proposed Ordinance No. 09-045 by title only on first reading.
Hanna Matras, Senior Planner, explained the Capital Improvement Program was approved as
part of the budget process. The program was re-formatted for the Department of Community
Affairs.
Mayor Taylor opened the issue for public hearing. No one came forward.
Motion
Vice Mayor Hay moved for approval. Commissioner Ross seconded the motion.
Vote
Deputy City Clerk Pyle called the roll. The vote was 5-0.
H. PROPOSED RESOLUTION NO. R09-176 -- Approve Land Development
Agreement between the City of Boynton Beach and Gulfstream Gardens, LLC
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that involves a revised City process for expediting site reviews and modifying
surety requirements.
Attorney Cherof read Proposed Resolution No. R09-176 by title only. He explained the
resolution should be adopted at the next meeting since two public hearings were required.
Michael Weiner, on behalf of Gulfstream Gardens, advised the project would employ many
people to construct a 300 unit project that could commence as early as April, 2010. The project
began in 2005 when land prices were very high. The land acquisition was completed in
October, 2005 and the project moved through the development process. The site was
included in the CRA area. There would be 32 buildings between Dixie and Federal Highway
with 308 market rate units. $2.4 million has been spent and the project has not gone vertical.
Mr. Weiner felt that economic feasibility could be demonstrated to the lenders. He reviewed
the requests of the applicant as follows:
Confirm a permit application fee of $182,000 has been properly credited.
Permit application fees remaining be based on fee structure of September, 2006
Project designed based on a private water, sewer system, paving and drainage
Release of a $440,000 bond for improvements
Off-site bonds be in a nominal amount
Confirmation that Art in Public Places fee would not apply
Capacity reservation fee would not apply
Parks and Recreation fees be based on fee structure of October, 2005
Commissioner Weiland commented he would be in favor of the agreement, but may have
questions at the second public hearing. Mayor Taylor questioned why a private water and
sewer system and Mr. Bressner responded the idea was to not put public requirements on
private property and accommodate the developer by streamlining the process.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Attorney Cherof advised no action was required other than to have the public hearing.
I. PROPOSED RESOLUTION NO. R09-173 - FIRST READING - Designating a
Portion of the Community Redevelopment Area a Brownfield. (Tabled on
November 3, 2009)
MOTION
Vice Mayor Hay moved to remove Item 8.1 from the table. Commissioner Ross seconded the
motion. The motion passed unanimously.
Attorney Cherof read Proposed Resolution No. R09-173 by title only.
Mayor Taylor opened the issue for public hearing.
Lulu Dacamara, 836 East Drive, complained legal descriptions were not attached to the map
and the map was not legible. She was concerned the resolution had been signed by the
Commission at the November 3, 2009 meeting when it was tabled and the proposed
brownfield area included more than commercial and industrial properties and the two projects
in the Heart of Boynton.
- 36 -
Attorney Cherof clarified the signed resolution would have no effect because two hearings
were required.
Mayor Taylor stressed the designation was a development tool and any property owner had
the right to opt out of the brownfield area.
Vivian Brooks, Assistant Director of the CRA, advised the areas were of high re-development
interest, commercial and industrial. The high redevelopment interest area would be the
downtown and Heart of Boynton. Any area designated as mixed use in the CRA would be
included using the City's latest, GIS layer.
Commissioner Rodriguez recalled that information would be sent to all property owners in the
area so they can opt out of the designation.
Nancy Chandler, 914 NE ih Street, reviewed the history of the brownfield designation for
commercial, industrial, three Heart of Boynton projects in progress and no residential areas.
Legal descriptions were discussed and agreed they would be provided. The residents do not
want to have to prove their property is not toxic.
Buck Buchanan, 807 Ocean Inlet Drive, Chair of Greater Boynton Beach Chamber of
Commerce and Past President of INCA advised both organizations had supported the
brownfield designation for the commercial and industrial areas. The high redevelopment areas
included the mixed-use designations also. It is an extremely important development tool and
action should be taken.
Jim Knight, 740 Havana Drive, Boca Raton, advised the brownfield designation was important
to his project at the Gulfstream Mall. Property owners can opt out of the designation and it
would not mean their property is contaminated. It provided an opportunity for federal funding
based on the designation.
Brian Edward, 629 NE 9th Avenue, did not understand the change in direction by the
Commission on the issue of the brownfield and did not agree with the police facility being
placed in a strip mall.
Commissioner Ross was frustrated with the lack of trust the citizens had in the Commission
and noted many citizens, other than those present, had offered opinions and insight that had to
be considered.
Motion
Mayor Taylor passed the gavel and made a motion to approve Proposed Resolution R09-173
on first reading. Commissioner Weiland seconded the motion.
Commissioner Rodriguez inquired about the time period residents had to opt out of the
brownfield designation. Attorney Cherof advised there was no time period, unless the
Commission wanted to set a deadline. Ms. Brooks interjected financing was an issue due to
the prior use, not an economic development overlay. Due to the number of property owners,
notification would be problematic. She advised public meetings had been held and information
provided.
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Mark Karageorge, 240A Main Boulevard, contended the designation was an economic tool
and after more than two years of discussion, economic development should be the priority.
Keeping and attracting businesses in Boynton Beach should be the objective and the
designation was a tool to accomplish that goal.
The motion passed unanimously.
9. CITY MANAGER'S REPORT
A. Accept report on canal and waterway ownership, dedication, and maintenance;
and establish canal and waterway maintenance policies.
10. FUTURE AGENDA ITEMS
A. Proposed Ordinance No. 09-009 Amending the Comprehensive Plan Future
Land Use Map classification from Medium Density Residential to Industrial. (New
Urban High Ridge LUAR 09-001) (Tabled to December 1, 2009)
B. Proposed Ordinance No. 09-010 Rezoning a parcel of land located on the
northwest corner of High Ridge Road and Miner Road from Planned Unit
Development (PUD) to M-1 Industrial District. (New Urban High Ridge LUAR 09-
001) (Tabled to December 1, 2009)
C. Consider request from the Town of Briny Breezes seeking relief from: 1) Annual
contract adjustments in the current Police and FirelEMS Services contracts
and2) WaterlSewer charges. (Tabled on October 20, 2009)
11. NEW BUSINESS
None
12. LEGAL
A. PROPOSED RESOLUTION NO. R09-177 -- Accept Deed from the CRA and
declare and formally accept the additional right-of-way required for the widening
of Boynton Beach Boulevard Extension, east of Federal Highway.
Attorney Cherof read Proposed Resolution No. R09-177 by title only.
Mayor Taylor opened the issue for public hearing. No one came forward.
Motion
Commissioner Weiland moved to approve Resolution No. R09-177. Vice Mayor Hay
seconded the motion. The motion passed unanimously.
13. UNFINISHED BUSINESS
A. Review of application packet and process for CRA appointments. City
Commission is asked to review the application materials and selection process
for appointment of a seven-member Community Redevelopment Board. The
- 38 -
timeline for the appointment of the CRA Board per Ordinance 09-030 is subject
to the discretion of the City Commission.
Motion
Commissioner Ross moved to table Item 13.A.
Motion
Commissioner Weiland moved to table Item 13.A to the first meeting in January.
Commissioner Ross seconded the motion. The motion passed 4-1. (Commissioner Rodriguez
dissenting)
14. ADJOURNMENT
There being no further business to come before the Commission, Mayor Taylor properly
adjourned the meeting at 11 :59 p.m.
(Continued on next page)
- 39 -
CITY OF BOYNTON BEACH
Jerry Taylor, Mayor
Woodrow L. Hay, Vice Mayor
Ronald Weiland, Commissioner
Jose Rodriguez, Commissioner
ATTEST:
Marlene Ross, Commissioner
Janet M. Prainito, CMC
City Clerk
Judith A. Pyle, CMC
Deputy City Clerk
- 40-
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
AT 6:30 P.M., ON TUESDAY, DECEMBER 1,2009
Present:
Jerry Taylor, Mayor
Woodrow L. Hay, Vice Mayor
Ron Weiland, Commissioner
Jose Rodriguez, Commissioner
Marlene Ross, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet M. Prainito, City Clerk
1. 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 6:30 p.m. Vice Mayor Hay gave the invocation.
Commissioner Ross led the Pledge of Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Attorney Cherof announced there was a written request from High Ridge Development, New
Urban High Ridge LLC, to remove on second reading Items 12.A and 12.B under Legal. Also
Item 6.A should be moved to Legal for reading of the resolution.
Mayor Taylor announced the City Manager requested Item 6.D be tabled for further study.
Attorney Cherof requested that Items 12. F and 12. G be switched to hear the fresh water canal
issue first.
Commissioner Weiland suggested based on discussion of Item 2.A that two additional items
be added to the agenda to discuss use of the current City Hall and the site and possible
scenarios for financing.
2. Adoption
Motion
Commissioner Ross moved to approve the agenda as amended. Vice Mayor Hay seconded
the motion. The motion passed unanimously.
2. OTHER
- 41 -
A. Request for Reconsideration by Commissioner Ronald Weiland. At the
September 14, 2009 City Commission meeting the City Commission approved
submittal of a referendum question for the March 2010 ballot regarding funding of
a new police facility. Commissioner Weiland has requested that this item be
placed on the December 1, 2009 agenda for reconsideration, discussion and
action.
Motion
Commissioner Weiland moved to reconsider Item 2.A. Commissioner Ross seconded the
motion. The motion passed unanimously.
Commissioner Weiland offered his opinion the Commission was elected to make decisions on
behalf of the City, for the citizens and there was no reason to send the issue to referendum.
He had spoken to Mr. Comparato and the Commission had heard four proposals to
substantiate due diligence and reduce the cost from $36 million to $15 million. The decision
was the most fiscally responsible choice. He estimated by moving forward as soon as possible
the Police Department could be relocated by September 2010; three months for construction
plans, one month for permit review, one month to 45 days for competitive bidding, four months
to building out and receive certificate of occupancy. The first nine months would be rent free
during construction and the lease would include the first six months rent free with the exception
of the common area maintenance. Commissioner Weiland estimated the budget for 2010
would be $141,000 for the maintenance. By doing this, the City would save money and the
Police Department would have a new facility they could use and improve efficiencies in the
most economical way. He also mentioned by removing the police facility referendum, the Old
High School referendum would have a greater chance of success.
Motion
Commissioner Weiland moved to deny this going forward with a referendum question on the
ballot in March and moving forward with negotiations as whether it is a lease or buy and how
we are going to finance it. Commissioner Ross seconded the motion.
Vice Mayor Hay indicated his previous decision and rationale was based upon the decision to
go forward with a referendum and the previous Commission's vision to have the Police
Department and Fire Station #5 at the High Ridge location. He still supported City Hall in the
downtown area. Based on the current economics, he would support the Police Department in
Renaissance Commons.
Commissioner Rodriguez disagreed with Commissioner Weiland that due diligence had not
been done and he had many questions relating to moving a Police Department into a retail
building. He noted Commissioner Weiland had changed his mind from statements made
during the budget meetings and he alleged for obvious reasons. The purpose of the
referendum was to give the citizens an opinion and vote on tax dollars. His discussion with
police officers indicated the police did not want to move to the location. He speculated that
those arrested for crimes would be intermingled with restaurant patrons and shoppers.
Commissioner Weiland requested clarification of the obvious reasons alluded to by
Commissioner Rodriguez in his remarks. Commissioner Rodriguez replied it was common
knowledge that Mr. Comparato had made campaign contributions to Commissioner Weiland
for the last two campaigns. Commissioner Weiland corrected the statement that contributions
- 42-
were made in only one campaign. Commissioner Rodriguez asserted Commissioner Weiland
had related to him that Mr. Comparato would not make any campaign contributions to his
current campaign until the votes were in.
Commissioner Weiland pointed out, not only he, but also others had received campaign
donations and if offered again he would accept the contribution. His decision was being made
on behalf of the City of Boynton Beach and not on the outcome of his campaign in March. In
spite of Mr. Comparato's previous contributions, Commissioner Weiland noted he had voted
against two of Mr. Comparato's projects in the past.
Mayor Taylor stressed public disclosures had been made before the proposals were heard.
He noted the Police Chief had indicated any location would be acceptable. Commissioner
Ross added any location of a Police Department would create a merging of criminals and
residents, even the current location.
Mayor Taylor opened the issue for public comments.
Nancy Chandler, 914 NE ih Street, liked the proposal to build next to the EOC and Fire
Station. It made more sense to build where the City already owned the land.
Cliff Montross, 109 SW 18th Street, agreed with Commissioner Rodriguez. He thought the
choice of location was crazy.
Terri Lonegan, 45 Rutland Lane, President of the Meadows Homeowners Association, did not
understand the justification to spend $15 million or $20 million of taxpayer money without a
referendum. She thought a dollar amount should factor into whether a referendum was
required or not to be fiscally responsible. Renaissance Commons with retail shops was not
appropriate for a Police Department. Commissioner Ross indicated she had received calls
questioning the need for a referendum. Commissioner Rodriguez reported he had not
received any calls on the referendum issue.
Jeff Lis, 945 Isles Road, recalled the Commission had previously decided to take the issue to
referendum and now one Commissioner wanted the issue reconsidered. The best proposal
submitted was presented by the Patrinely Group. Other alternatives may be possible and the
voters should be given the opportunity to consider those proposals. He suggested the City
Hall move to the Old High School and the Police Department expand into City Hall.
Commissioner Ross recollected when the initial decision on the referendum was made, further
discussion on the issue was included before a final decision was made. Attorney Cherof
clarified a referendum requires an ordinance and the issue would have come before the
Commission for two readings of the ordinance before it would be final.
Harry Woodworth, 685 NE 15th Place, was delighted it was going to referendum and appalled
it now was not. In only 90 days the citizens would decide the issue if the referendum went
forward.
Mayor Taylor summarized that everyone agreed the cost was the right decision for the
taxpayers and the argument is with the location. He felt confident a referendum would pass
because people support public safety.
Commissioner Weiland explained he had changed his mind on the referendum because the
cost figures were submitted and the economic climate dictates it is time to move forward.
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Commissioner Rodriguez asked Chief Immler his preference of the four locations proposed in
the RFP. Chief Immler's choice was a free standing building.
Vice Mayor Hay maintained the referendum was important to hear the people.
Don Scantlan, 13 Cedar Circle, supported the referendum and concluded the decision on the
location was made with the understanding that the issue would be going to a referendum vote.
Many options were not considered such as maintaining the status quo and no monies spent.
The RFP was written for a new building and other options may be possible. The options
available if the referendum failed were not pursued.
Mayor Taylor indicated it was understood the Commission had the option to do nothing with
every issue. Commissioner Ross remembered during budget discussions that other projects
were delayed to accommodate a new police facility.
Commissioner Rodriguez recalled the City had taken a stance against taxation of the citizens
by removing the police station out of the budget and issuing a referendum. The current plan
would tax the citizens again.
Dr. Piotr Blass, 113 W. Tara Lakes Drive, commended the Commission for moving forward
and the City deserves a new City Hall and Police Department. Many residents also believe a
university within the City would be beneficial.
Mayor Taylor repeated the motion was to not go to referendum and move forward and work on
an agreement with Renaissance Commons and the City. Commissioner Weiland and
Commissioner Ross agreed with the Mayor's summarization. The motion passed 3-2. (Vice
Mayor Hay and Commissioner Rodriguez dissenting)
Commissioner Weiland wanted to further discuss possible financing scenarios or leasing
packages. Mayor Taylor suggested the City Manager and the Renaissance representative
discuss the issues and bring the information back before the Commission. Mr. Bressner only
had preliminary numbers.
B. Informational Items by Members of the City Commission
Commissioner Rodriguez announced after much consideration, collaboration and frustration he
had decided to run for Mayor and had filed the necessary papers. The citizens of the City had
voiced the need for changes and his executive management experience, along with
entrepreneur experience was needed to guide the City through tough economic times.
Commissioner Ross offered best wishes to Commissioner Rodriguez. Commissioner Weiland
advised he would not comment on Commissioner Rodriguez's statements to him on why he
was running for Mayor.
Vice Mayor Hay advised he had attended the 49th Annual Legislative Conference in Orlando
for Mayors. A great deal of information was shared including the fact Florida would lag behind
the rest of the nation in economic recovery.
Commissioner Ross reported she had been at Intracoastal Park with the Green Community
Alliance to present certificates and Go Green mugs. She thanked Carisse LeJeune and all the
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staff members involved. She also announced a dedication ceremony for the sculpture of
"When Are You Coming to Visit" on Thursday, December 10th at 5 p.m. at City Hall. The
purpose of the sculpture was to bring awareness to the community of the neglect of the elderly.
Another Art in Public Places program would also present the Graffiti Mural Program on
Thursday, December 1ih from 5 to 7 p.m. at 209 NW 9th Court.
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3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcement of the Holiday Extravaganza.
B. Announce Holiday Boat Parade.
Kathy Biscuiti, Special Events Director, announced the Holiday Extravaganza on December 5th
and the parade commencing at 5 p.m. The parade would be followed by a tree light ceremony
and Menorah and Kwanzaa display. At 7 p.m. the Gloria Gaynor concert would commence.
Food vendors would be available along with trolley services. No pets allowed.
On December 11th the Holiday Boat Parade would be held starting at 6:30 p.m. with viewing at
the Boynton Harbor Marina. Vendors would be available with ample parking on Ocean and
Federal.
C. Permission to announce the City's receipt of the 2009 Digital Cities Award.
Phyllis Koch, Director of ITS and Alan Karjalainan, Webmaster, announced the City won 5th
place within cities of the same size in the National Digital Cities Award competition. The City
has placed in the top ten all four years of the competition. The intent is to use the web site to
extend City Hall out to more citizens 24 hours a day.
D. Presentation by the Mayor, on behalf of the City, to the Sand Sifters Volunteers
of the Year Award recipients.
Jody Rivers, Parks Superintendant, announced the Volunteer of the Year for the Sand Sifters,
a voluntary organization who cleans the beaches, adopts parks and does outreach programs
for after-school and private businesses. They have donated thousands of hours to clean the
environment. The award recipients were David Wagner and Michael Hallis. Mayor Taylor
presented the certificates and commended their efforts in keeping the City clean.
E. Presentation of Certificates of Completion to Vice Mayor Woodrow Hay and
Commissioner Marlene Ross for completion of the Institute for Elected Municipal
Officials.
Mayor Taylor presented Vice Mayor Hay and Commissioner Ross with a certificate of
completion of the Institute for Elected Municipal Officials 18 hours of instruction. He read a
letter that was included from Jeff Henry, Executive Director of the John S. Dailey Institute.
Mayor Taylor added his congratulations and thanked the participants. Vice Mayor Hay
believed attendance should be a requirement of all elected officials to share the concepts and
ideas and recommended all officials attend the classes. Commissioner Ross agreed with Vice
Mayor Hay and thanked the Florida League of Cities for offering the classes.
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the
discretion of the Chair, this 3 minute allowance may need to be adjusted depending
on the level of business coming before the City Commission)
Mack McCray, 806 NW 4th Street, complained the mural painted at Sara Sims Park was done
for the cultural values in District 2 and the picture in the middle resembles an ape. Other
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citizens had complained the painting was degrading and Mr. McCray declared the residents of
District 2 were not all about music or basketball. The District has lawyers, doctors, nurses,
preachers and many professionals. As an African-American, Mr. McCray opined the mural was
degrading to District 2 and the City of Boynton Beach because they were not derived from
apes or gorilla. He inquired about the process and expressed his displeasure with the display.
Mayor Taylor explained the mural was discussed on several occasions since funding was an
issue and it was approved by the Arts Commission. A major part of the mural was painted by
a local man from District 2. Mr. McCray contended public opinion relating to the design should
have been sought. He demanded the mural be corrected.
Vice Mayor Hay suggested modification may be a possibility. Debby Coles-Dobay, Public Art
Administrator, explained the project was coordinated with the Youth Violence Prevention
Program and many flyers were distributed in the community to patrons and community leaders.
A group of graffiti artists were hired that worked with the youth from around the area and came
up with the concept after several workshops. The Arts Commission also discussed the theme
and gave direction to the artists to portray music, sports and heroes. The artists were 12 years
to 19 years with a total of 30 to 40 participants. Jermaine Johnson, a local resident,
volunteered to help and he sketched the idea that was used. Ms. Coles-Dobay monitored the
work and received no complaints.
Commissioner Rodriguez was aware that many of the participants were from the community
and he realized it would be difficult to please everyone. There were many attempts to include
the community. Ms. Coles-Dobay added the character referred to was a scratcherlDJ with
glasses and a hat. Commissioner Weiland knew it would be difficult to tell Jermaine that his
contribution was not accepted and have the piece modified.
Vice Mayor Hay had passed by the mural on several occasions but had not focused on the
individual characters. He did think it should be modified if possible and he offered to speak
with others in the community and discuss the issue with the artist.
John McGovern, 2620 Spiceberry Lane, complained there was very little progress in
accomplishing full disclosure of public information. He wanted the entire agenda to be more
accessible to those who attended the meetings through the website. Mr. Bressner explained
the size of the files has been problematic and a smaller version of the agenda would now be
posted on the website as well as the full agenda and backup materials. Mr. McGovern thought
the City should publish on their website a list of the candidates and their financial disclosures.
The issue was the City being prohibited from nurturing one point of view on a referendum or
ideological issue, and did not relate to candidate political information. Mr. McGovern
threatened to have 100 people each week call the City Clerk's office and request the same
information. He stressed there had to be efficiency, effectiveness and full disclosure.
Mr. Bressner explained it was a process of using existing technology and not buying additional
software to get the information on the website and available to the public.
Patricia Lynch-O'Conner, 25 Lake Circle Drive, also requested that the election information
be made available on the web site. Mr. Bressner reiterated the information would be made
available as soon as possible.
Cliff Montross, 109 SW 18th Street, clarified he was concerned about municipal government
and had participated in local government for many years. He wanted to see the City grow.
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Victor Norfus, 261 N. Palm Drive, announced the Heritage Celebration in the Heart of
Boynton. The community would be holding their annual Gospel Fest, a fund raiser, with local
artists. It should be a spiritual and exciting experience for everyone. It would be held at the
Carolyn Sims Center, 225 NW 1ih Avenue from 2 p.m. to 5 p.m. Everyone was invited to
attend. Mr. Norfus commented on the mural and agreed the image in the middle was not very
flattering. The mural was a good addition to the neighborhood, but it needed to be tasteful.
Mark Karageorge, 240A Main Boulevard, suggested the Men's Choir perform for the fund
raiser and Heritage Fest.
Dr. Piotr Blass, 113 West Tara Lakes Drive, wanted Boynton Beach to become the model city
for the United States. He suggested all the candidates for Mayor have constructive debates
how to improve the City of Boynton Beach.
No one else coming forward, Mayor Taylor closed the public audience.
5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards.
Mayor Taylor reported staff recommended delaying the appointments to allow for adequate
time for review.
Motion
Vice Mayor Hay moved to table the appointments. Commissioner Ross seconded the motion.
The motion passed unanimously.
Attorney Cherof advised the board members were to serve until replaced.
6. CONSENT AGENDA
Matters in this section of the Agenda are proposed and recommended by theCity M
anager 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. PROPOSED RESOLUTION NO. R09-178 -- Adopting fees for building and
construction related activities in the City of Boynton Beach.
(To be addressed as Item, 12.G)
B. PROPOSED RESOLUTION NO. R09-179 -- Supporting Tri-Rail, providing for a
suggested funding mechanism.
C. Approve applying for a Department of Housing and Urban Development (HUD)
Consolidation Appropriation in the amount of $294,000 to renovate the 1913
Schoolhouse Children's Museum and Learning Center.
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PROPOSED RESOLUTION NO. R09-180 -- Approve amending the FY
2009/2010 CIP to include the $294,000 expense and grant reimbursement. Upon
award, the City will have five years to complete the renovations.
D. PROPOSED RESOLUTION NO. R09-181 - Approve Interlocal Service
Boundary Agreement initiating a long-range annexation plan.
(This item was tabled)
E. Approve expenditure of $27,506.85 for annual renewal of Grants Network Master
License and Service Agreement with eCivis.
F. Approve submittal of a "Revolving Energy Fund for Municipal Facilities" project to
the Department of Energy for the Energy Efficiency Conservation Strategy
(EECS) and remaining award of the Energy Efficiency Conservation Block Grant
(EECBG)
Commissioner Ross pulled Item 6.F for discussion.
Motion
Vice Mayor Hay moved to approve the Consent Agenda with the exception of Item 6.F.
Commissioner Rodriguez seconded the motion. The motion passed unanimously.
6.F. Approve submittal of a "Revolving Energy Fund for Municipal Facilities" project to the
Department of Energy for the Energy Efficiency Conservation Strategy (EECS) and remaining
award of the Energy Efficiency Conservation Block Grant (EECBG)
Commissioner Ross had pulled the item for a presentation by Patrick Gleason from CDM.
Carisse LeJeune, Assistant to the City Manager, presented to Commissioner Ross, on behalf
of the Boynton Beach Community Alliance, a certificate of appreciation for acting as liaison and
for supporting the efforts of creating a more sustainable City of Boynton Beach. Commissioner
Ross noted it was an important issue for her as she campaigned and it meant a great deal to
her to see the progress that has been made in making the City a "green" community.
Patrick Gleason, CDM representative, spoke on the Energy Efficiency Conservation Block
Grant and development of the strategy for the Climate Action Plan. There are three
components; the development of the strategy, green house gas emission inventory and then
the climate action plan. The City received $250,000 and the purpose is to assure receipt of the
remaining $408,000 from the Federal government. The current focus would be the Energy
Efficiency Conservation Block Grant and the recommendations for funding.
The recommendations were $75,000 slated for administration, $250,000 for a municipal
revolving energy loan fund. The current plan is to install energy efficient lighting for the Hester
Center Community Park. The savings from any improvements will replenish the revolving
energy loan funds for future use. Then, $63,000 would be to cover the cost of developing the
overall strategy and the development of a cap. Most of the funds would be used for interior
energy improvements.
The cost analysis would need to be submitted by the City to assure obtaining the $408,000.
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Motion
Commissioner Ross moved to approve submittal of a "Revolving Energy Fund for Municipal
Facilities" project to the Department of Energy for the Energy Efficiency Conservation Strategy
(EECS) and remaining award of the Energy Efficiency Conservation Block Grant (EECBG).
Vice Mayor Hay seconded the motion.
Mr. Bressner was hoping the light poles could be replaced for hurricane protection to category
five. Mr. Gleason noted the lighting would be provided from a sole source vendor that would
not create a delay. Mayor Taylor questioned when the energy savings would break even with
the cost of replacement. Mr. Gleason was not sure a ten year return would equal the cost, but
greenhouse gas emissions would be reduced and energy credits would be earned.
Attorney Cherof suggested further explanation be given on the $195,000 paid to CDM to fill out
forms. Ms. LeJeune indicated the procurement bid process was followed and CDM was
chosen and approved by the Commission.
The motion passed unanimously.
7. CODE COMPLIANCE & LEGAL SETTLEMENTS
A. Ratify or modify the decision of the Code Compliance Board to reduce the fine in
Code Compliance Case 08-1695 (City of Boynton Beach vs. The Estate of Ann
Woods Love).
Scott Blasie, Code Compliance Administrator, explained the applicants had purchased the
property at a tax sale and paid $15,000 in unpaid back taxes. Given the improvements made
on the property and the fact the purchasers did not cause the liens to be assessed, the
applicants requested the reduction.
Commissioner Rodriguez was in favor of the private sector stepping in to take over foreclosed
properties and improving them to further beautify the community. He supported lowering the
fine to administrative costs to entice other private citizens to come forward and do the same
thing. Mayor Taylor agreed and noted the idea of fines was to gain compliance of the
violations. The applicants did an outstanding job and have spent over $18,000 on the
property. Commissioner Ross concurred.
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Motion
Vice Mayor Rodriguez moved to reduce the lien to the administrative costs of $634.12.
Commissioner Ross seconded the motion. The motion was unanimous.
8. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
A. PROPOSED RESOLUTION NO. R09-173 -- SECOND READING - Designating a
Portion of the Community Redevelopment Area a Brownfield.
Attorney Cherof read Proposed Resolution No. R09-173 by title only on second reading. This
would be the second of two public meetings. Mayor Taylor opened the issue for public
hearing.
LuLu Dacamara, 836 East Drive, reiterated her concern was the map and requested the map
attached to the resolution be legible.
Warren Timm, 130 NE 26th Avenue, informed the Commission he had previously owned a
commercial brownfield property in another state. He could not covey title until the Department
of Environmental Protection cleared the property. Every property owner should be informed by
the City about the option to opt out of the brownfield designation.
Commissioner Rodriguez clarified that the original motion included a provIsion for every
landowner being notified of the option to opt out of the designation.
Victor Norfus, 261 N. Palm Drive, did not want the entire Heart of Boynton to be considered
brownfield. The residents needed to be notified of their right to opt out. Many felt the
designation was solely to expedite quick building and would ultimately bring down their
property values.
Nancy Chandler, 914 NE ih Street, contended the residents should not have to opt out. If the
mixed-use areas are included she questioned how a condo on the 5th floor could opt out. She
read a prepared statement that is attached to the minutes indicating only commercial, industrial
and three existing project areas in the Heart of Boynton would be included in the brownfield
designation. The new resolution was vague, included mixed-use and residential and did not
include a legible map, legal descriptions or any notification provisions. Ms. Chandler alleged
the designation would decrease property values and change potential use. It also could result
in future eminent domain action. She suggested only commercial and industrial properties be
included and not include any mixed-use specifically stated in the resolution. Legal descriptions
of the brownfield properties should be included as well as a large legal map and legal
notification to all properties.
Mr. Rumpf clarified Harbor Hall condos are included as a mixed-use land use. The boundary
was drawn to eliminate single-family land use classification. The townhomes or multi-family
residence were not removed from the mixed-use category. Ms. Brooks added within the Heart
of Boynton there is residential and commercial. The State statute has specific incentives for
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affordable housing and high priority redevelopment areas were included. The map was
created using the land use map.
Mark Karageorge, 240A Main Boulevard, supported the designation because it was an
economic tool to revitalize areas and compete with other cities for new businesses.
Patricia Lynch-O'Connner, 2111 SW Lake Circle Drive, expressed concern with the notice
that it should be easily understood by all residents.
Jeff Lis, 945 Isles Road, alleged the brownfield designation was a double-edged sword.
Where applicable, it worked, but where not applicable, it created burdens on ownership and
fee simple title. He suggested the canals be included as brownfields to assist in the canal
dredging. Runoff from the street and sediment in the canal is a brownfield condition at the
bottom of the canals. Caution should be taken.
Harry Woodworth, 685 NE 15th Place, agreed the designation for commercial properties
would be helpful to clean up those sites. The brownfield designation for a residence would
result in a minimum $2,700 environmental assessment plus any clean up costs.
Jim Knight, 740 Havana Drive, Boca Raton, supported the brownfield designation to assist
him with a large project within Boynton Beach. Individuals can opt out at any time. The
designation is an economic tool and can be a very positive designation.
Buck Buchanan, 807 Ocean Inlet Drive, felt there was agreement that commercial and
industrial properties would benefit from the brownfield designation. He suggested designation
of the mixed-use properties be further investigated while the other designations proceed to
assist development.
Commissioner Rodriguez did not want to move forward with the designation if its current scope
included mixed-use. Ms. Brooks understood the Commission had decided the priority areas of
redevelopment were the downtown, a mixed use area, and Heart of Boynton, a residential,
commercial and industrial area, plus Federal Highway Corridor, a commercial and mixed-use
area.
Commissioner Weiland was in favor of the brownfield designation to assist redevelopment.
There were many questions and careful consideration needed. Spot designations may be a
viable solution to assure the impact is minimal on the residents.
Mr. Buchanan hoped a modification would be possible to avoid commencing the process
again. He wanted the Commission to consider why any residential area would be designated
mixed-use.
Mayor Taylor opined it was a strong economic tool to develop Federal Highway and much of
the area is mixed-use. Attracting businesses to the area needed to include incentives to help
with clean-up costs and tax credits to assist developers. The option to opt out is in place to
protect residents and notification can be accomplished.
Vice Mayor Hay agreed with Mayor Taylor it was a development tool in the Heart of Boynton
and it would entice developers. The Federal Highway Corridor is mixed-use and the residents
have the opportunity to opt out and will be notified more than once.
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Motion
Commissioner Rodriguez moved to approve brownfield designation only for commercial,
industrial and the Heart of Boynton, being MLK and Seacrest, as a Phase I approach and
consider other designations as needed. The immediate need is the commercial, industrial and
the Heart of Boynton, MLK and Seacrest, wherever the designation of the Heart of Boynton.
Commissioner Weiland seconded the motion.
Vice Mayor Hay would support the motion with a timeline on the mixed-use designation.
Commissioner Rodriguez asked Legal to research the issue. Commissioner Weiland
emphasized all property owners would be notified and meetings would be held. The notices
should be sent return receipt requested. It was suggested the utility bills be used for
notification also. Mayor Taylor suggested the first meeting in February to review the mixed-
use designation.
The motion passed unanimously. Attorney Cherof noted the motion would amend Exhibit A to
Resolution R09-173.
Motion
Commissioner Rodriguez moved to approve Proposed Resolution R09-173 as amended.
Vice Mayor Hay seconded the motion. The motion passed unanimously.
Commissioner Rodriguez pointed out the motion covered the original proposal agreed to by
the citizens.
B. PROPOSED RESOLUTION NO. R09-176 - SECOND READING - Approve
Land Development Agreement between the City of Boynton Beach and
Gulfstream Gardens, LLC that involves a revised City process for expediting site
reviews and modifying surety requirements.
Attorney Cherof read Proposed Resolution No. R09-176 by title only on second reading. A
marked copy of the last version of the agreement that the City worked on in response to Mr.
Weiner's document presented at the last Commission meeting was distributed.
Mayor Taylor opened the issue for public hearing.
Michael Weiner, on behalf of Gulfstream Gardens, announced significant progress has been
made. The outstanding issues were a private water and sewer system, all dates being
consistent with December 1, 2014, elimination of the $1,000 day penalty since the agreement
is sufficient, questions about the back-flow service preventer, and Florida Statute 553.791 not
to apply. The City would be reviewing any vertical construction.
Jim Grotis, Engineer, only had technical issues with the back-flow and not any concerns with
the language. Mr. Weiner advised the project was planned to commence in the first quarter of
2010 translating to an increase in jobs and tax rolls.
Mr. Bressner advised there would be no objection to eliminating the $1,000 per day penalty.
Attorney Cherof wanted it clear that under the Statute authorizing development agreements it
is clear a developer's agreement cannot take the place of a Comprehensive Plan provision or
a Land development Regulation. There was nothing in the agreement that would trump any
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existing provIsions of the Land Development Regulations. Mr. Weiner agreed. Attorney
Cherof deferred to staff on the issue of the private inspection and Florida Statute 553.791.
Commissioner Weiland wanted assurance that random inspections be allowed to protect the
citizens of Boynton Beach. Mr. Weiner replied all vertical construction was the same as any
other project and the City would be involved. The standards would be reviewed and if conflict
arose, a method of mediation was included in the agreement. Mr. Bressner pointed out that
revised building permit fees would allow the option for private inspections to all developers.
Mayor Taylor opened the issue for public hearing. No one came forward.
Motion
Commissioner Rodriguez moved to approve Proposed Resolution R09-176 contingent on the
final agreement document being signed. Commissioner Weiland seconded the motion. The
motion passed unanimously.
9. CITY MANAGER'S REPORT
A. PROPOSED RESOLUTION NO. R09-182 -- Approve a piggyback of the City of
Palm Bay contract (contract # 39-0-2007/SB) extended through 7-31-10 with
Aquifer Maintenance and Performance Systems, Inc. (AMPS, Inc.) with the same
terms, conditions, specifications and pricing. This contract will be utilized for well
rehabilitation services at an estimated annual expenditure of $350,000.
Kofi Boateng, Utilities Director, explained the purpose of the contract was to maintain the water
wells and restore the capacity of the water wells and improve performance. There are 29
production wells and two aquifer recovery wells used to store water during the wet season.
Motion
Commissioner Rodriguez moved to approve. Vice Mayor Hay seconded the motion. The
motion passed unanimously.
10. FUTURE AGENDA ITEMS
A. Consider request from the Town of Briny Breezes seeking relief from: 1) Annual
contract adjustments in the current Police and FirelEMS Services contracts and
2) WaterlSewer charges. (Tabled on October 20, 2009)
B. Review of application packet and process for CRA appointments. City
Commission is asked to review the application materials and selection process
for appointment of a seven-member Community Redevelopment Board. The
timeline for the appointment of the CRA Board per Ordinance 09-030 is subject
to the discretion of the City Commission. (Tabled to January, 2010)
11. NEW BUSINESS
None
12. LEGAL
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A. PROPOSED ORDINANCE No. 09-009 -- SECOND READING -- New Urban
High Ridge, (LUAR 09-001), Land Use Plan Amendment IRezoning, located at
Northwest corner of High Ridge Road and Miner Road. Request to amend the
Comprehensive Plan Future Land Use Map classification on +13.66 acres of
land from "Medium Density Residential" to "Industrial". Applicant: New Urban
High Ridge LLC. (Tabled on August 4,2009)
(This item was removed)
B. PROPOSED ORDINANCE No. 09-010 -- SECOND READING -- New Urban
High Ridge, (LUAR 09-001), Land Use Plan Amendment IRezoning, located at
Northwest corner of High Ridge Road and Miner Road. Request to rezone from
Planned Unit Development (PUD) to M-1 Industrial. Applicant: New Urban High
Ridge LLC. (Tabled on August 4,2009)
(This item was removed)
C. PROPOSED ORDINANCE No. 09-042 -- SECOND READING -- Recreational
Water Surface Policies, (CPTA 09-001), Comprehensive Plan Text Amendment.
Amending Policy 1.3.1 (a) of the Future Land Use Element, and to add policies
to the Coastal Management Element and the Intergovernmental Coordination
Element.
Attorney Cherof read Proposed Ordinance No. 09-042 by title only on second reading.
Mayor Taylor opened the issue for public hearing. No one came forward.
(Commissioner Rodriguez left the dais at 9:16 p.m.)
Motion
Vice Mayor Hay moved to approve. Commissioner Weiland seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 4-0.
D. PROPOSED ORDINANCE No. 09-044 -- SECOND READING -- IPUD Zoning
District-Marine-Oriented & Water Dependent Uses, (CDRV 09-008). Amending
the Land Development Regulations, Chapter 2, Zoning, Section 5. L., changing
the intent section to promote water access and recreational opportunities with
accommodation of uses including marine-oriented and water-dependent uses,
and establishment of development regulations for implementation. Applicant:
City-initiated.
Attorney Cherof read Proposed Ordinance No. 09-044 by title only on second reading.
Mayor Taylor opened the issue for public hearing.
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Harry Woodworth, 685 NE 15th Place, commented this was the most citizen-friendly initiative.
The developer worked with the residents of the community and staff has re-worked the
language many times to provide protections for the downstream neighborhoods. It is now
restricted to the marine areas that the County established. He extended his appreciation to the
City staff.
Motion
Vice Mayor Hay moved to approve Proposed Ordinance No. 09-044. Commissioner Weiland
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 4-0.
E. PROPOSED ORDINANCE No. 09-045 -- SECOND READING-- Request to
adopt the 2009 update of the Capital Improvements Element (CIE) of the City's
Comprehensive Plan for submittal to the Department of Community Affairs
(DCA).
Attorney Cherof read Proposed Ordinance No. 09-045 by title only on second reading.
(Commissioner Rodriguez returned to the dais at 9:19 p.m.)
Mayor Taylor opened the issue for public hearing. No one came forward.
Motion
Commissioner Ross moved to approve Proposed Ordinance No. 09-045. Vice Mayor Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
G. PROPOSED ORDINANCE No. 09-047 -- Amending Stormwater Utility Fee to
add a twenty-five cent ($0.25) surcharge to the monthly charge per equivalent
residential unit (ERU) for a period of two years commencing January 1, 2010 for
fresh water canal aquatic weed control maintenance program.
Attorney Cherof read Proposed Ordinance No. 09-047 by title only on first reading.
Mayor Taylor opened the issue for public hearing. No one came forward.
Motion
Commissioner Ross moved to approve Proposed Ordinance No. 09-047. Vice Mayor Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
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F. PROPOSED ORDINANCE No. 09-046 -- Approve Ordinance Amending
Stormwater Utility Fee to add a fifty cent ($0.50) surcharge to the monthly charge
per equivalent residential unit (ERU) for a tidal canal dredging program.
Attorney Cherof read Proposed Ordinance No. 09-046 by title only on first reading.
Mayor Taylor opened the issue for public hearing. No one came forward.
Motion
Commissioner Rodriguez moved to approve Proposed Ordinance No. 09-046. Commissioner
Weiland seconded the motion.
Commissioner Ross requested further information. Mr. Bressner reported staff was doing a
preliminary price study evaluating the source of siltation, impact on boat docks and seawalls
and developing a regulatory check list prior to any dredging program. Commissioner
Rodriguez contended there would be some preliminary work needed on both canal issues and
the cost should be linked to the storm water fee. The City should not incur any costs or fees
for either canals. Mr. Bressner advised there was some flexibility with funding to proceed with
the vegetation aspect as soon as possible.
Mayor Taylor addressed his concerns regarding the legal implications of dredging the canals
and damage to seawalls or docks. He also wanted more information about making the canals
brownfields and federal funding.
Commissioner Rodriguez agreed with Mayor Taylor's concerns, but thought the funds could be
allocated and used to support the findings on the issues.
Mayor Taylor wanted to table the dredging issue until more information was received.
Commissioner Rodriguez desired to move forward with both issues in parallel and address the
issues as they arise.
Motion
Mayor Taylor passed the gavel and moved to table Item 12.F. Commissioner Ross seconded
the motion. The motion passed 3-2. (Commissioners Weiland and Rodriguez dissenting)
Commissioner Weiland pointed out there were citizens who wanted to speak on the issue that
missed the opportunity and asked they be allowed to speak.
Drew Zuccala, 1032 Coral Court, appreciated the Commission's quick action. He contended
there was debris that could be removed rather than deep dredging. The communities agreed
with the fee charged and wanted to get the process moving forward.
Attorney Cherof advised Commissioner Rodriguez did not vote on Ordinances 09-042 and 09-
044.
City Clerk Prainito called for a vote by Commissioner Rodriguez on Ordinances No. 09-042
and 09-044. Commissioner Rodriguez voted yes on both items.
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Mayor Taylor returned to Ordinance 09-044 and recalled there was a question relating to the
height limits. He favored the extension to 60 feet because it was a boat storage. Attorney
Cherof advised it was on the record, but on first reading there was no motion to amend to
include the provision.
Motion
Commissioner Weiland moved to reconsider Ordinance No. 09-044. Vice Mayor Hay
seconded the motion. The motion passed unanimously.
Attorney Cherof explained the height had been discussed on first reading but no amendment
to the ordinance on first reading or second reading was made.
Motion
Commissioner Weiland moved to amend Ordinance 09-044 to recognize the height of 60 feet
to be acceptable. Vice Mayor Hay seconded the motion.
Commissioner Rodriguez developed the height would be specific to a geographic area. The
Planning and Development Board reviewed the item and approved the height to 60 feet and a
lesser height would be required for compatibility with adjacent development.
Nancy Byrne, Assistant Director of Development, noted staff did not support the height
increase due to compatability issues with adjoining uses.
Commissioner Weiland felt with landscaping and line of sight, the adjoining properties would
be protected. He favored the height increase. Mayor Taylor agreed. Commissioner Ross
disclosed she had met with the developer and attorney and discussed the issue.
Mayor Taylor opened the issue for public hearing.
Harry Woodworth, 685 NE 15th Place, inquired if the height was changed for the entire IPUD
area. Mr. Bressner responded it referred only to the IPUD, marine oriented as a specific
geographic area north of Gateway to the northern limits. The southern boundary would be
Boat Club Park and extending north to the corporate limits on the east side of Federal
Highway. Mr. Woodworth expressed disbelief that the amendment was being made for a
project that had not been proposed or reviewed by the public. The issue was being brought up
when the concerned parties were not present and the applicant had left. Mayor Taylor recalled
the topic had been discussed at first reading of the ordinance. Mr. Bressner reaffirmed staff
was not supporting the change to 60 feet.
The motion failed 2-3. (Vice Mayor Hay, Commissioner Rodriguez and Ross dissenting)
Attorney Cherof advised Ordinance No. 09-044 was still an issue with the 45 feet.
Motion
Commissioner Weiland moved to approve Ordinance No. 09-044. Vice Mayor Hay seconded
the motion.
Vote
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City Clerk Prainito called the roll. The vote passed 5-0.
6.A. PROPOSED RESOLUTION NO. R09-178 -- Adopting fees for building and construction
related activities in the City of Boynton Beach.
(Previously moved to Legal 12. G)
Attorney Cherof advised because the request involved an Increase In fees it should be
addressed under Legal and not a Consent Agenda item.
Ms. Byrne explained the requested changes to allow amended fees for temporary certificates
of occupancy, plan permit extensions and a bifurcated fee for developers who provide private
inspectors.
Motion
Commissioner Weiland moved to approve. Commissioner Ross seconded the motion. The
motion passed unanimously.
13. UNFINISHED BUSINESS
None
14. ADJOURNMENT
There being no further business to come before Commission, Mayor Taylor properly adjourned
the meeting at 9:39 p.m.
CITY OF BOYNTON BEACH
Jerry Taylor, Mayor
Woodrow L. Hay, Vice Mayor
Ronald Weiland, Commissioner
Jose Rodriguez, Commissioner
ATTEST:
Marlene Ross, Commissioner
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Janet M. Prainito, CMC
City Clerk
Judith A. Pyle, CMC
Deputy City Clerk
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MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
AT 6:30 P.M., ON TUESDAY, DECEMBER 15, 2009
Present:
Jerry Taylor, Mayor
Woodrow L. Hay, Vice Mayor
Ronald Weiland, Commissioner
Jose Rodriguez, Commissioner
Marlene Ross, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
1. OPENINGS
A. Call to Order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Mayor Taylor
Mayor Taylor called the meeting to order at 6:36 p.m. Vice Mayor Hay gave the invocation
followed by the Pledge of Allegiance to the Flag led by Mayor Taylor.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Taylor indicated Item 7.A and 8.A were requested to be tabled.
Motion
Vice Mayor Hay moved to table. Commissioner Weiland seconded the motion. The motion
passed unanimously.
Motion
Commissioner Ross requested tabling Item 5.A., if possible, to the first meeting in January.
Commissioner Weiland advised he had received inquiries regarding the appointments. Mayor
Taylor added the current members stay active until the reappointments are made. The motion
passed unanimously.
Commissioner Rodriguez asked to include a presentation regarding the Old High School just
before the referendum discussion.
Vice Mayor Hay wanted to give an update on the graffiti issue. Mayor Taylor suggested it be
placed under 2.C, Informational items by the Commission.
2. Adoption
Motion
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Commissioner Ross moved to approve the agenda as amended. Vice Mayor Hay seconded
the motion. The motion passed unanimously.
2. OTHER
A. Request for Reconsideration by Commissioner Marlene Ross of Ordinance 09-
044 which was adopted on second reading at the December 1, 2009
Commission Meeting.
Mayor Taylor noted if the request for reconsideration was approved, the matter would be re-
published and brought back at the first meeting in January, 2010.
Motion
Commissioner Ross so moved. Vice Mayor Hay seconded the motion. The motion passed
unanimously.
B. Reconsideration of Brownfield Map and area description as Exhibit to Resolution
09-173.
Vice Mayor Hay had requested the reconsideration to clarify the confusion relating to the map
and pinpointing the lots along Seacrest and MLK Boulevards, one lot deep. Mr. Bressner
advised the map displayed was not the map approved by the Commission. The approved map
was included in the agenda packet that included the description authorized by the Commission
of all properties zoned commercial or industrial, plus all properties located along both sides of
Seacrest from the C-16 canal south to Boynton Beach Boulevard and on both sides of Martin
Luther King Boulevard between Seacrest and Federal Highway, one lot deep.
Mr. Bressner pointed out another issue was whether the Commission wanted to include the
residential portions of the property on Seacrest and MLK. Commissioner Rodriguez clarified
all color schemes on the map were included in the brownfield designation. Vice Mayor Hay
reiterated there seemed to be discrepancies between the understanding of the CRA and the
City because maps he received from both entities did not match. Mayor Taylor advised the
CRA had to abide by the direction of the Commission. Commissioner Rodriguez noted parcels
could be added to the designation. Mayor Taylor reiterated there was the provision for
residents to opt out of the designation.
Vice Mayor Hay added many of the residents misunderstood the brownfield concept and since
time was not an issue, efforts should be made to further explain the designation. Mayor Taylor
stressed that homes would not be taken by eminent domain due to the brownfield designation.
The State does not allow eminent domain at this time. Commissioner Rodriguez did not think
eminent domain was the issue and residential and mixed-use have not been included.
Commissioner Weiland reiterated notices would be sent out explaining the brownfield
designation and the option to opt out of the designation. Mr. Bressner outlined the areas
designated were anything zoned commercial or industrial anywhere in the CRA, any non-
industrial or commercial property which is limited to the corridor on Seacrest between the C-16
canal and Boynton Beach Boulevard that does include some residential property, and that
portion of Martin Luther King Boulevard between Seacrest and Federal Highway that does
include some residential property. Every other residential parcel in the CRA was not included.
Motion
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Commissioner Rodriguez moved to reconsider. Commissioner Ross seconded the motion.
The motion passed unanimously.
Motion
Commissioner Rodriguez moved to move forward with the brownfield designation and with the
attached map. There was also agreement to notify all property owners of the designation so
they can opt out if they wish. Commissioner Ross seconded the motion. The motion passed
unanimously.
Attorney Cherof advised he was working on the notice provisions, using a couple different
types of notices to communicate their right to opt out and developed a form they can sign to
opt out. The form and notices would be presented at the next meeting.
C, Informational Items by Members of the City Commission
Vice Mayor Hay referred to discussions relating to the graffiti art on the basketball courts on
MLK. He had spoken and met with residents and researched graffiti art. Many emails were
sent supporting the mural and no one was offended by the mural. Vice Mayor Hay met with
the Arts Commission and Jermaine Johnson, the artist from the community, to discuss his
intent and vision. A video on graffiti art was shown and Vice Mayor Hay explained the art form
was an expression of the artist, his environment and personality. The young people like
Jermaine Johnson should be embraced and encouraged. The art can be beautiful when
understood and appreciated. Mr. Johnson was recognized and the dedication of the mural
would be held on December 1 ih. Mayor Taylor expressed appreciation for Vice Mayor Hay
looking into the issue and bringing the information back to the Commission.
Commissioner Weiland wanted to give an annual award to Tia Dobard for her creative use of
the name tags used by customers. She made a snowman complete with eyes, arms, mittens,
scarf and hat. She is the first person the citizens meet when they enter City Hall and she does
a wonderful job.
Commissioner Rodriguez reported he had attended the Firefighter's annual Christmas party. It
was great to see families interacting and he congratulated the Department.
Vice Mayor Hay commended the Arts Commission and Debby Coles-Dobay for the statute
located in front of City Hall entitled, "When are You Coming to Visit Me" symbolizing a lack of
visitation to our elderly. Society tends to neglect the older generation and art reminds everyone
to keep living and not forget others.
Commissioner Ross had attended the Forum Club luncheon featuring the National Urban
League President. The President spoke on the economy, education, jobs, health care and
highlighted the census. The census is very important that all people are counted. The CRA
had also announced a small business development program that had a very good response.
Mayor Taylor added there would be four sessions and the first session was full. Commissioner
Ross noted the classes are on Wednesday evening and a Saturday event. Priority is given to
Boynton Beach residents and business owners within the City.
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Mayor Taylor extended thanks to the staff, on behalf of the Commission, for their support
throughout the year. He also extended thanks to the citizens and wished everyone Happy
Holidays and a blessed Christmas.
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Permission to announce the City's receipt of Computerworld's Premier 100 IT
Leaders Award
Lori LaVerriere, Assistant City Manager shared the news that Phyllis Koch, the ITS Director,
received recognition from Computer World magazine as being one of the top 100 IT leaders in
the country. The competition is in the public and private sector and Ms. Koch was one of only
two public sector IT Directors to receive the award.
Ms. Koch thanked the citizens, Commission, and City Manager for making the City a great
place to work and creating an environment where staff can be innovative. Mayor Taylor
congratulated Ms. Koch and noted she brought pride to the City and herself.
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (AT
THE DISCRETION OF THE CHAIR, THIS 3 MINUTE ALLOWANCE MAY NEED TO BE
ADJUSTED DEPENDING ON THE LEVEL OF BUSINESS COMING BEFORE THE
CITY COMMISSION)
Herb Suss, 1711 Woodfern Drive, wished everyone Happy Holidays. He gave his year end
report card and commended the City Clerk's office for their assistance at all times. He also
mentioned the Police and Fire Departments, Golf, Sanitation, Blue Collar and the Maintenance
Department, Finance and Park Departments plus the CRA staff for their hard work and
dedication.
Steven Fleck, 650 Mariner's Way, voiced his concern about the Building Department and City
leaders over the issuing of a permit for a dock in his community. The dock was expanded over
property the applicant did not own. Attempts to get an explanation were ignored because a
lawsuit had been filed and there could be potential liability to the City. Further frustration has
resulted because the dock is finished and used daily without any type of inspection and the
permit has not been finalized. He questioned how much longer the community would have to
wait for answers to their concerns.
Victor Norfus, 261 N. Palm Drive, Chair of the Community Relations Board, advised the
Board was working very hard to get Boynton Beach High School more involved in City
activities such as the holiday parade. Both the cheerleaders and drum corps participated in
the event. The Heritage Gospel Fest was held to inspire and encourage the residents to
become better citizens. He suggested more effort be made to notify the citizens of decisions
and actions being taken by the Commission. Mayor Taylor added the Boynton Choral Group
had attended the Boynton Chamber luncheon. They were proud that they had won first place
in a national competition held in New York City.
Vice Mayor Hay announced the choir would be recognized by the Commission in January
2010. They came in number one in the nation. Commissioner Ross added it was the
Dimensional Harmony Group directed by Mr. Sterling Frederick and they are amazing.
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Warren Timm, 130 NE 26th Avenue, felt the Commission deserved to make the decisions on
major items, especially debt; however, the denial to allow a referendum for the Police
Department was not appropriate. The relocation of the Police Department is necessary, but he
questioned if it was the proper time to undertake the project. It was essential to give the
people a voice in the matter.
Victoria Castello, 406 S. Seacrest Boulevard, questioned if there were inconsistencies of the
Comm ission acting as the CRA board also. Attorney Cherof replied there was no conflict and
a State statute indicates the Commission can serve as the CRA and make independent
decisions for that body. Ms. Castello could not access the minutes and asked Commissioner
Weiland to restate why he did not support the referendum. Mr. Bressner explained the
minutes were not done due to the lengthy meeting, illness and short staffing. Commissioner
Weiland could not repeat his statements and preferred to wait for the minutes to review his
remarks. Ms. Castello read various comments posted in the media regarding the referendum
issue for the police facility.
Harry Woodworth, 685 NE 15th Place, commented the City had done many good and bad
things over the years. Rewriting the Infill Planned Unit Development (IPUD) was an
improvement with citizen and staff input. He was stunned when the height was increased for
the IPUD, one of the most important aspects of the regulations. Changing the 45 feet height is
a considerable change. There can be variances and site plan reviews for the project. He did
not feel it was appropriate to change the entire IPUD area. The applicants for the proposed
boat barn should be present to discuss the issue.
LuLu Dacamara, 836 East Drive, suggested more help be hired to ease the work load for the
minutes or shorten the meeting agendas to reduce the length of the meetings. If the meetings
are long, breaks should be taken to accommodate the needs of staff.
Don Scantlan, 13 Cedar Circle, thanked the Commission and staff for the dedication of the
memorial for Pearl Harbor at Bicentennial Park. It was well attended and a tribute to all
veterans.
Dr. Piotr Blass, 113 Tara Lakes Drive, was honored by the veteran memorials. He also had
spoken to the media about his concept for a university in Boynton Beach. He hoped City Hall
would be available for class rooms. Young people need education and it is a main issue. The
issue of foreclosures was also a concern and a petition was being circulated for a ten-year
moratorium on foreclosures. The Haitian community has constant issues with immigration and
jobs. Dr. Blass suggested that a Sister City be established with a city in Peru.
Nancy Chandler, 914 NE ih Street, commented on the 60-foot height extension and the fact
matters are being presented for reconsideration without any notice to the public. She
suggested the agenda include verbiage on reconsiderations to identify the issue more clearly.
Commissioner Rodriguez agreed and hoped in the future more information would be provided.
No one else coming forward, Mayor Taylor closed the public hearing.
5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
Advisory Boards.
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(All appointments were tabled.)
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6. CONSENT AGENDA
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with
all of the accompanying material to become a part of the Public Record and subject
to staff comments.
A. PROPOSED RESOLUTION NO. R09-183 -- Award of the "THREE YEAR
LEASE FROM CONCESSIONAIRES FOR BEACH EQUIPMENT RENTAL
CONCESSION FOR THE OCEANFRONT BEACH PARK". RFP# 008-2730-
10/JA to Oceanside Beach Service, Inc. of North Palm Beach, Florida. Lease
payments provided to the City of Boynton Beach for a monthly fee of $2,000.00.
B. PROPOSED RESOLUTION NO. R09-184 -- Approve the agreement with the
Department of Housing and Urban Development (HUD) for a $294,000
Consolidation Appropriation under Economic Development Initiative-Special
Project B-08-SP-FL-0052, authorizing the City Manager to execute all grant
award documents.
C. PROPOSED RESOLUTION NO. R09-185 -- Authorize the First Amendment to
Temporary Construction Easement (TCE) between Palm Beach County and the
City of Boynton Beach in support of the City's construction of the new regional
force main.
D. PROPOSED REOSLUTION NO. R09-186 -- Approve Task Order No. U10-03-
08 with Brown and Caldwell for the Design, Permitting, Bidding and Construction
Phase Services associated with the replacement of a subaqueous force from City
lift station no. 102, under the Intracoastal Waterway, in the amount not to exceed
$73,817, plus a 5% contingency amount of $3,691, bringing the total approved
value to $77,508.
E. Approve the purchase of four replacement Central Processing Units (CPU) along
with a dispatch server and the purchase of one additional radio console for the
dispatch center in the amount of $81,562.16. Funds are to be taken from the
department's "12.50 account".
F. Approve a donation in the amount of $10,000.00 to the St. John Missionary
Baptist Church, Family Life Center. The donation is to come from the Police
Department's Law Enforcement Trust Fund established pursuant to Florida State
Statute 932.7055. This organization is qualified to receive funding as the
program provides a drug abuse, drug prevention or safe neighborhood
educational component
Vice Mayor Hay pulled Item 6. F for discussion.
Motion
Commissioner Weiland moved to approve the Consent Agenda with the exception of 6.F. Vice
Mayor Hay seconded the motion. The motion passed unanimously.
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6. F. Approve a donation in the amount of $10,000.00 to the St. John Missionary Baptist
Church, Family Life Center. The donation is to come from the Police Department's Law
Enforcement Trust Fund established pursuant to Florida State Statute 932.7055. This
organization is qualified to receive funding as the program provides a drug abuse, drug
prevention or safe neighborhood educational component
Vice Mayor Hay inquired if he could vote on the item since he was an active member at St.
John Missionary Baptist Church. Attorney Cherof advised as long as none of the funds
donated were used to pay the Vice Mayor's salary or benefits at the church, there would be no
conflict.
Motion
Commissioner Weiland moved to approve. Commissioner Hay seconded the motion.
Commissioner Rodriguez inquired if outcome measures were in place to monitor the use of the
funds. Vice Mayor Hay appreciated the concept, but the Church had not undertaken that type
of tracking. He agreed the Church should establish measures to gain more credibility. A
report on the use of funds would be provided. Mayor Taylor indicated State statute requires
organizations receiving money to provide an accounting. Chief Immler replied the Church
does submit expenditure reports, but there was no provision for outcome measures.
Commissioner Weiland recalled that discretionary funding required reports on the use of funds
donated. Commissioner Ross highlighted the donation is specifically to the Family Life Center.
The motion passed unanimously.
7. CODE COMPLIANCE & LEGAL SETTLEMENTS
A. Approve mediated settlement agreement In the case of Southeast Drilling
Services vs. City of Boynton Beach.
(This item was tabled.)
8. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
A. Pro-Golf 1 Mega Mini (ADAP 09-002), Administrative Appeal, located at 2951 SW
14th Place. Request approval for an appeal of an administrative determination
that a storage bay shall not be used to manufacture, fabricate or process goods
in a self-storage facility in the M-1 Zoning District as indicated in Chapter 2.
Zoning, Section 11.0.1.c. Applicant: Michael Weiner, Weiner & Associates, P.A.
(This item was tabled.)
B. PROPOSED ORDINANCE No. 09-048 -- FIRST READING - Parking
requirements for dry boat storage and private marinas (CDRV 09-008). Request
to amend Part III, Chapter 2, Zoning, Section 11.H.16(e)(10) to add separate
parking standards for private marinas including dry boat storage. This
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amendment is in conjunction with the related amendments to the IPUD zoning
district for marine-oriented and water-dependant uses, as processed by
Ordinance No. 09-044.
Attorney Cherof read Proposed Ordinance No. 09-048 by title only on first reading.
Mike Rumpf, Planning and Zoning Director, explained the proposed parking code changes
were incorporated in the staff report on the IPUD changes.
Motion
Vice Mayor Hay moved to approve. Commissioner Rodriguez seconded the motion.
Mr. Rumpf reiterated the changed was packaged with the other IPUD changes in addition to
the water-related, water-oriented uses. It was proposed to accommodate this type of use that
is not accommodated in the current Code. It relates more to active, commercial marinas and
does not pertain to dry storage.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
9. CITY MANAGER'S REPORT
A. Motion to approve the purchase of new and replacement vehicles as approved in
the FY 2009/10 Budget in the amount of $1 ,518,144.
Jeff Livergood, Director of Public Works and Engineering, reported all the purchases of
vehicles were bundled into one purchase document. City equipment is a significant portion of
the annual budget and the types of equipment and replacement cycles are important
considerations to get the best cost over the life expectancy of the equipment. It was
anticipated that 61 pieces of equipment would be purchased for a savings under budget of
$164,000. The types of vehicles needed are being assessed and a hand-me-down program
has been initiated between departments. Commissioner Weiland was pleased with the hand-
me-down program.
Motion
Commissioner Weiland moved to approve Item 9.A. Vice Mayor Hay seconded the motion.
The motion passed unanimously.
B. PROPOSED RESOLUTION NO. R09-187 -- Approve a piggy-back of the City of
Boca Raton Bid# 2008-087 with Sutphen of Amlin, OH in the amount of:
$391,402.98 for a purchase of a Sutphen S-3 Shield Series Pumper.
Attorney Cherof read Proposed Resolution No. R09-187 by title only.
Ray Carter, Deputy Fire Chief, reported the request was for a new pumper for Fire Station #5.
The proper staffing of the Station is now complete and the facility is operational.
Motion
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Commissioner Ross moved to approve Proposed Resolution No. R09-187. Commissioner
Weiland seconded the motion. The motion passed unanimously.
C. TABLED on 10/20/09 - Consider request from the Town of Briny Breezes
seeking relief from: 1) Annual contract adjustments in the current Police and
FirelEMS Services contracts and 2) WaterlSewer charges.
Motion
Commissioner Ross moved to remove Item 9.C. from the table. Commissioner Weiland
seconded the motion. The motion passed unanimously.
Ms. LaVerriere reviewed the request to reduce the water and sewer rates for the Town of Briny
Breezes. The Mayor of Briny Breezes was present. There is currently a 25% surcharge for
outside users. In terms of loss of revenue it would be $12,000 to $13,000 in surcharges. It was
discovered that historically Briny Breezes had been undercharged on their unit count of 351
versus the 488 that exists. This would equate to a $40,000 per year increase. Even if the
surcharge is eliminated the water bill would increase $68,000 due to the increased unit count.
Mr. Bressner added staff was not recommending elimination of the surcharge.
On the sewer charges there had been a $500 annual capital fee to Briny Breezes for the sewer
plant being built. It should have been eliminated many years ago constituting a $20,000
overpayment by Briny Breezes.
Staff recommended the $20,000 not be refunded, the $68,000 would not be collected and the
billing rate remain the same and continue with the surcharge. Mayor Bennett continued to
request the surcharge be eliminated. He pointed out Ocean Ridge requires individual billing
while the Town of Briny Breezes has only three master meters to invoice.
Pete Mazzella, Deputy Director of Utilities, explained Briny Breezes was unique in that the
agreement started as a corporation and had a very low rate on sewer because of participation
in the EPA facility back in the 70s. There have been many variables.
Mayor Taylor understood the Town's struggle. The City of Boynton has just raised the water
rates to all citizens within the City limits. To reduce rates for customers outside the City did not
make sense. He favored the staff's recommendation to not refund the $20,000 or seek the
under-billed amount of $68,000 and maintain the current outside City rates. Commissioner
Rodriguez felt it would be unfair to discontinue surcharges for one area and not others and he
supported the Mayor's decision and staff recommendation. Vice Mayor Hay and
Commissioner Weiland concurred.
Motion
Commissioner Weiland moved to approve staff recommendation #3. Commissioner Rodriguez
seconded the motion. The motion passed unanimously.
D. Proposed Conversion of Current Vehicle Towing Rotation Program to Franchise
Agreement Program.
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Commissioner Weiland clarified there were now six companies in the rotation rather than the
original eight. Ms. LaVerriere advised in January the Commission approved an addendum to
extend the existing contracts until December 31, 2009. The options were to continue the
rotation program, extend the addendum for another year, consider a franchise or an RFP for a
single or multi-vendors to create a revenue source. The last addendum did allow the City to
not be charged for Class A fleet tows saving $38,000. The current tow contracts with the
rotation are an expense to the City. Staff recommended considering an individual franchise or
a non-exclusive franchise to produce revenue. Ms. LaVerriere reported Delray had a single
franchise for $162,000 of revenue and Boca Raton has $102,000 revenue a year with two
providers. West Palm uses a hybrid with four vendors and each pays $15,000 a year to be
part of the program. Coral Springs had three companies paying $8,000 a year. Letters were
sent to anybody licensed to operate a towing company notifying them of the Commission
meeting.
Jim Jennings, Emerald Towing Services, 1370 W. Industrial Avenue, was a current provider
for the City of Boynton Beach and one of the dual providers for the City of Boca Raton. He
was also the sole provider for Deerfield and one of two for Coral Springs. There are many
different scenarios. It is a source of revenue for the City, especially in the current economic
climate. He strongly suggested that not only the highest bidder be considered, but also the
qualifications of the vendors should be considered.
Michael Weiner, on behalf of Westway Towing, asked the options be reviewed carefully and
consider the possible revenue that could assist the City of Boynton Beach. A five- year
contract could result in $500,000 of revenue. Mr. Weiner contended with the present system
the City lost $8,000 to $10,000 when there could be $100,000 or more in annual fees. He
urged the Commission to make a decision in the first quarter of 201 O.
Commissioner Weiland had not changed his position from the previous year. The current
system worked well. A franchise fee would bring revenue to the City, but in his view it created
a monopoly. The six tow companies being used depend on the income and a change would
jeopardize their business. Commissioner Weiland did want staff to analyze each contractor on
the tow rotation and make sure they are meeting all the requirements of the contract.
Commissioner Rodriguez commended the tow companies in the rotation because negotiations
last year resulted in savings to the City. He did not support using one or two vendors and
putting six towing companies at risk of closing. Commissioner Rodriguez supported the status
quo.
Commissioner Ross voiced concerned there was not more discussion on the revenue that
could be generated. The next budget discussion will include looking for new revenue sources
and the tow contracts should be considered as a revenue stream. Commissioner Weiland
noted if the tow companies close, their employees will also suffer a loss.
Vice Mayor Hay clarified there is a current expense of approximately $10,000 annually for fleet
tows. If a franchise were entered into it would be with the understanding that all fleet tows are
free. Ms. LaVerriere explained if a franchise was used with two vendors, all other vendors
would still have tow business. It would only be non-consent tows that would go to the
franchise vendor. It was estimated that those tows generate approximately $250,000 a year in
business.
- 71 -
Commissioner Weiland reiterated the agreement negotiated last year resulted in the vendors
towing Class A vehicles for free resulting in a $38,000 savings. The current expense for tows
is only $10,000 so the City is saving more than it is spending.
Commissioner Rodriguez remained amazed that the City could expect vendors to tow vehicles
for free. Commissioner Ross suggested postponing any decision until March or April when
more budget data was available.
Motion
Commissioner Weiland moved to extend the tow contract on a rotation basis with the six
companies for an additional two years and lock in the prices charged. The citizens will be able
to know what is paid for two years. He also wanted to know that staff was going to survey
each company and make sure the six contractors fit the criteria for the tow contract.
Commissioner Rodriguez seconded the motion for discussion.
Ms. LaVerriere pointed out the language in the addendum calls for the adjustment of the rates
charged up to the County rate as the standard. Vice Mayor Hay recognized it would not
remain a fixed rate. Commissioner Weiland corrected the motion to include the adjustment of
the rates charged up to the County rate.
The motion passed unanimously.
Mayor Taylor thanked Commissioner Rodriguez and agreed with his logic and reasoning
regarding the towing contracts. He pointed out that at least one of the towing companies had
given Commissioner Rodriguez a campaign contribution and it should have been disclosed
prior to voting. The standard of disclosure should apply to all the Commission.
E. PROPOSED RESOLUTION NO. R09-188 -- Interlocal Service Boundary
Agreement Initiating Resolution with Palm Beach County.
Attorney Cherof read Proposed Resolution No. R09-188 by title only. Mr. Bressner explained
the resolution would formalize negotiations with the County for a long-range annexation plan.
A parallel resolution would need to be adopted by the County. The timeline for the annexation
could be one to 20 years. The process would allow for dialogue with the County to improve
infrastructures where necessary.
Commissioner Weiland recalled he had voted against the analysis for an Interlocal Service
Boundary Agreement when it came before the Commission in June 2009 because going west
would encounter opposition from many areas, as well as the southeast boundary area. He
thought it would be a waste of time and monies.
- 72-
Motion
Vice Mayor Hay moved to approve Proposed Resolution R09-188. Commissioner Ross
seconded the motion.
Commissioner Rodriguez noted there were pockets within the City that would not extend the
boundaries. Mr. Bressner added it was a mechanism to work around the enclave language
that prohibited annexation.
Ken Lassiter, 6131 Book Lane, President of COWBRA, acknowledged the City of Boynton
Beach had annexation clauses in many developments having water service agreements. Most
of the agreements were not entered into with the current residents. Some were made with the
original developers who are not the current stakeholders. He urged the City not to use the
annexation clauses and instead file for referendum action to allow the residents to vote on the
annexation. COWBRA would oppose the annexation if the majority of residents voted against
any annexation and the annexation clauses were upheld in Court.
The motion passed 4-1. (Commissioner Weiland dissenting)
F. PROPOSED RESOLUTION NO. R09-189 -- Motion to approve award of Bid
#072-2821-09/JA "Repairs and Emergency Services for Water Distribution,
Wastewater Collection and Storm Water Utility Systems" to MadsenlBarr Corp. of
Lake Worth, Florida and Palm Beach Grading of Lake Park, Florida for a two-
year period with an estimated annual expenditure of $250,000.00.
Attorney Cherof read Proposed Resolution No. R09-189 by title only.
Kofi Boateng, Director of Utilities, explained the contract would avoid any health concerns and
service interruptions caused by water or sewer main breaks; particularly those unable to be
fixed by internal resources.
Vice Mayor Hay commended Mr. Boateng and his staff for providing some of the best water in
the State.
Motion
Vice Mayor Hay moved to approve. Commissioner Ross seconded the motion.
Commissioner Weiland heard on national news many areas were experiencing contaminated
water supplies. He remained impressed that Boynton Beach maintained the water supply with
little or no concerns. Mr. Boateng commended his staff for the work they do to provide the
services.
The motion passed unanimously.
10. FUTURE AGENDA ITEMS
A. Review of application packet and process for CRA appointments. City
Commission is asked to review the application materials and selection process
for appointment of a seven-member Community Redevelopment Board. The
timeline for the appointment of the CRA Board per Ordinance 09-030 is subject
to the discretion of the City Commission. (Tabled to January 2010)
- 73 -
11. NEW BUSINESS
None
12. LEGAL
A. PROPOSED ORDINANCE NO. 09-046 -- FIRST READING - Approve
Ordinance Amending Stormwater Utility Fee to add a fifty cent ($0.50) surcharge
to the monthly charge per equivalent residential unit (ERU) for a tidal canal
dredging program.
Attorney Cherof read Proposed Ordinance No. 09-046 on first reading. Mr. Bressner noted the
Commission had previously tabled the matter for additional information and the estimated cost.
Applied Technology & Management (ATM) had estimated an initial cost of $150,000. They
also identified other stakeholders that should be involved in the discussions. The decision to
be made involved whether an impact study should be done before the rates are raised. Funds
are available to cover the study. The policy decision would have to be made depending on the
results of the study. The study would require an RFP. Mr. Livergood stressed a dredging
program should not be commenced without knowing what is involved.
Commissioner Weiland reiterated the Mayor's concerns relating to any damages to docks or
seawalls and the liability issue. He suggested the middle of the canal could be dredged
remaining a distance away from any docks or seawall. Mr. Livergood agreed it was a concern
and the impact on private property needed to be assessed. He further pointed out the
dredging would pertain only to the tidal canals.
Mayor Taylor was uncertain the City needed to engage in the dredging business and stressed
the monies for the study had not been budgeted. He was not in favor of the expense. It would
add another tax on the citizens
Commissioner Rodriguez stressed none of the canal issue was budgeted and the storm water
fees were to be used. The cost of the study could be less depending on the results of the
RFP. There was money in the utility fund that could be used now and then allocated back from
the fees collected. He contended the Commission should go forward with its original plan and
not confuse the citizens with another reconsideration. He opined the dredging program should
be dropped completely or get the study done and move forward with the recommendations.
Mayor Taylor countered that the decision had not been made. There was a significant
difference between maintaining the canals and a dredging program that could cost over $5
million. Commissioner Weiland stressed he did not live on a canal. He was concerned that
the canals not only be navigable but also health and safety concerns resolved.
Vice Mayor Hay questioned the increase in the estimated cost for the study and Mr. Livergood
replied it was necessary if a dredging program was initiated. There would need to be a RFQ
because it would be design services.
Motion
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Commissioner Rodriguez moved to move forward with an RFQ for a study for the dredging
program. He added the canal behind his home did not need to be dredged and he would
exclude it from any program of the City of Boynton Beach.
Commissioner Ross could not support the expense. Commissioner Rodriguez repeated none
of the canal fees were budgeted. The increase in the storm water fee would cover the costs.
The motion died for lack of a second.
Motion
Commissioner Weiland moved to not initiate a canal dredging study or program.
Commissioner Ross seconded the motion. The motion passed unanimously.
B. Provide policy direction regarding scope of March 2010 referendum question
regarding Old High School.
Barbara Ready, 329 SW 13th Avenue, presented an idea for the adaptive reuse of the Old
High School. It would be a mixed-use project with income producing retail and office space as
well as community benefit areas. Capital Trust Agency (CTA) that has new market tax credits
and historic preservation tax credits had been contacted and both Chevron Corporation and
the National Trust for Historic Preservation may be sources for funding. The costs have not
been determined and it was suggested that a feasibility study be undertaken by the City. Ms.
Ready urged the City to support the project.
The CTA advised a 501 (c)4 would give access to the funding and could allow for a forgivable
loan. There would also be economic development bond funds available. She urged the
Commission to support the project and do a feasibility study to discover the funding sources
that may be available.
Allen Hendryx, 122 SE 4th Avenue, landscape architect and planner, alleged new market tax
credits can be obtained for $6 million and the fractions would remain about the same. Once
the City supports the project it would be easier to solicit for donations and develop fund raising
mechanisms. The grant monies would be additional. The representative from CTA was not
present.
Commissioner Rodriguez advised there was money available with new market tax credits. Mr.
Hendryx noted the City would retain ownership with a 501 (c)4. Vice Mayor Hay confirmed the
funding from the City over a four-year period could be $2 million or much greater. The figures
were only guesstimates.
Ms. Ready requested the Commission not take the issue to referendum in March. She thought
further study was needed and funding sources should be investigated before the voters were
consulted.
Mayor Taylor disagreed with any bond issue for $5.4 million. It did not even include the
greening of the building that could cost another $2 million. A referendum with the numbers
submitted would confuse and mislead the public.
Commissioner Rodriguez commended the presenters for coming forward with a plan to get the
money. Ms. Ready advised the custody of the school would have to be with the non-profit or
501 (c)4 for the duration of seven years and then revert back to City ownership.
- 75 -
Mr. Hendryx noted the goal was for the building to be self-sustaining and it would include rental
areas for office, City services and small boutique retail. There would be the benefits of having
a community center in the downtown area.
Commissioner Weiland reiterated his opinion that the Old High School should be saved, but
did think it would happen. He would make his decision based on the best choice for the City
and it will be something totally different he would divulge in the future. Vice Mayor Hay had
also supported saving the Old High School, if possible. He needed more time to digest the
information.
Mr. Bressner stressed the referendum, if any, had to be finalized by the second meeting in
January. He agreed with the Mayor that the dollar figure in the referendum had to be realistic
before the Commission could decide on the referendum issue.
Mayor Taylor suggested the plan be given further study and consideration, but the referendum
should move forward with developing the language. He suggested the dollar figure be written
out and the language include that an increase in the millage rate may be necessary.
Commissioner Ross stressed her decision would be based on the best use of the school if
saved. The best use should be the controlling factor. Commissioner Rodriguez emphasized it
should be a cultural center and not a revenue source. Vice Mayor Hay contended the
presentation was a positive step.
John McGovern, 2620 Spiceberry Lane, urged the Commission to review the audio of the
September 14th City Commission meeting and amended the motion to reflect the words
revitalize or tear it down that were part of the discussion. He supported removing the
referendum. The building is currently in a state of neglect. More time is needed to develop
plans for the building with the Historic Preservation Committee and address the need for
education.
Brian Edwards, 629 NE 9th Avenue, reiterated any disposition of the Old High School would
not succeed without the total support of the City. It is a cultural center for the City. It will cost
money and require a partnership with the City in total support of the efforts.
Herb Suss, 1711 Woodfern Drive, suggested waiting until after the March election to allow the
new Commission to decide if a referendum should be submitted at the next election so more
accurate figures can be determined.
Patricia Lynch-O'Connell, 211 SW Lake Circle Drive, offered her perspective it should not be
viewed as a stand-alone project. It should be viewed in light of the entire downtown area and
its future impact on the entire City.
Ms. Smith, 1747 Banyan Creek Court, President of the Boynton Beach Historical Society,
encouraged the Commission to look at the proposal as a gift to the City of Boynton Beach.
The City needs much more in the way of historical and cultural enterprises and this offers a
great opportunity.
Victor Norfus, 261 N. Palm Drive, maintained it should be a multi-use facility and the wording
of the referendum is very important. It will not be a stand-alone cost. It could be utilized as a
small City Hall presence if the City Hall were moved. Mr. Norfus did not support a referendum.
- 76-
The language should be specific and clearly state the monies will come from other funding
sources other than the City.
Mayor Taylor stressed the City had no money to spend and next year's budget would have a
15% decrease in revenues. If the City had $2 million, the priority may not be the Old High
School. A bond will be required and the voters should know the actual costs. A new cultural
center could be built for much less than $8 million. It should be more of an economic base for
the area.
Victoria Castello, 406 S. Seacrest Boulevard, did not want the building and history of Boynton
Beach to be torn down. It should not go to referendum.
Motion
Commissioner Rodriguez moved to abandon the referendum and give the people of the City
an opportunity to save the High School. Mr. Suss had commented about having new
Commissioners and this is history and once it is torn down it is gone, it cannot be rebuilt. The
police referendum is not on the ballot because it won't pass because people can't afford it. A
group wants to help and put a lot of effort in it and they should be allowed to run with it and we
do have to get behind them. This Commission has to support it and be advocates for history
like the Museum. The motion is to abandon the referendum and work hard with this group to
try and make it happen and stop talking about it. Commissioner Ross seconded the motion.
The motion passed 3-2. (Mayor Taylor and Commissioner Weiland dissenting)
C. PROPOSED ORDINANCE NO. 09-047 - SECOND READING - Amending
Storm water Utility Fee to add a twenty-five cent ($0.25) surcharge to the monthly
charge per equivalent residential unit (ERU) for a period of two years
commending January 1, 2010 for fresh water canal aquatic weed control
maintenance program.
Attorney Cherof read Proposed Ordinance No. 09-047 by title only on second reading. He
noted it was advertised for public hearing.
Mayor Taylor opened the issue for public hearing. No one came forward.
Motion
Commissioner Weiland moved to approve. Commissioner Ross seconded the motion.
Commissioner Rodriguez respectfully requested the Mayor take the challenge he made about
his canal and that either no work be done behind his home or he personally pay for any work
done behind his home on this project. Mayor Taylor responded he did not own a canal. It was
a public canal. He had no canal for any benefit.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
13. UNFINISHED BUSINESS
None
- 77-
14. ADJOURNMENT
There being no further business to come before the Commission, Mayor Taylor properly
adjourned the meeting at 9:29 p.m.
CITY OF BOYNTON BEACH
Jerry Taylor, Mayor
Woodrow L. Hay, Vice Mayor
Ronald Weiland, Commissioner
Jose Rodriguez, Commissioner
ATTEST:
Marlene Ross, Commissioner
Janet M. Prainito, CMC
City Clerk
Judith A. Pyle, CMC
Deputy City Clerk
- 78 -
6. B
CONSENT AGENDA
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10-001 - Approve an
Agreement with Broadcast Music, Inc. (BMI) to acquire the licensing necessary to play music for public
performance
EXPLANATION OF REQUEST: A "public performance" of music is defined in the U.S. copyright law
to include any music played outside a normal circle of friends and family. Songwriters,
composers, and music publishers have the exclusive right to play their music publicly and
authorize others to do so under the copyright law. The playing of music with "all rights
reserved", whether it is purchased, broadcast or live musicians that are hired to play in a public
setting is prohibited without the appropriate license. Every business or organization must
receive permission from the copyright owners of the music they are playing before playing it
publicly.
BMI is recognized in U.S. copyright law as a licensor of music. BMI currently represents more
than 400,000 copyright owners and their more than 6.5 million musical works.
HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? This will allow the City, through the
Recreation & Parks Department, to continue to offer programs and activities that include
copyrighted music. This includes music played at concerts, dances, recreational activities and
special events.
FISCAL IMPACT: BMllicensing fees are due annually. BMI rate schedule for Local
Governments is based on population size. The licensing fee for Boynton Beach (50,001-
75,000) is $608, and is included in the Recreation & Parks Department budget.
ALTERNATIVES: Do not renew BMI License.
- 79-
RESOLUTION NO. RI0-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE EXECUTION BY THE CITY MANAGER OF
THE LICENSE AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND BROADCAST MUSIC, INC. TO
ACQUIRE THE LICENSING NECESSARY TO PLAY MUSIC FOR
PUBLIC PERFORMANCE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the playing of music with "all rights reserved", whether it is purchased, broadcast
or live musicians that are hired to play in a public setting is prohibited without the appropriate license;
and
WHEREAS, every business or organization must receive permission from the copyright owners
of the music they are playing before playing it publicly; and
WHEREAS, Broadcast Music, Inc. (BMI) is recognized in U. S. copyright law as a licensor of
music; and
WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the
best interests of the residents of the City to execute a License Agreement with Broadcast Music, Inc., to
acquire the licensing necessary to play music for public performances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida does hereby approve
and authorize execution by the City Manager of the License Agreement with Broadcast Music, Inc., to
acquire the licensing necessary to play music for public performances, a copy of which is attached
hereto and incorporated herein as Exhibit "A".
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of January, 2010.
- 80 -
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
- 81 -
BMr
Music
PerrOlTnance
Agreement
LOCAL GOVERNMENTAL
ENTITIES
I LGE I
L1-0~ ~11-LGI;J
,. DEFINllIONS
(a) LICENSEE shall inClude the name(l Mlity and any Of i!$ oonstituent bodies, departments, agoncies or leaguos_
(b) Premises means buildings, hospitals, airports. zoos, museums. athletic facilities, and recreational facilities, including, but nol
limited 10, community centers, parks, swimming pools, and skating Jinks owned and/or operated by LICENSEE and any site which
MS lleen llngaged by LICENSEE for use by LICENSEE.
(o) Reoordad Music means music which is performed al the Premises by means other than by live musicians who are performing at
the Premises, including, but not limited to (1) compact disc, audio record or audio ta~ players (but not includil19 "jukeboxes.); (2)
videotape. videOdisc or DVD players; (3) music performed as an accompaniment 10 kareoke; (4) the reception and communication
at me premises of radio or lelevision transmi,,;sions whlcll originate outside the Premises, and which are not exempt under th~
CopyMght Law; or (5) a music-on"hold telephone system operated by LICENSEE al the PremiSes.
(d) Live Entenalnmenl means music that Is performed at the Premises by musicians, singers arJd/oJ other performers.
(e) BMI Repenolre means all copyrighted musical compositions written and/or pUblishao;l by BMI affiliatl;ls or memtle~ of BMI-
affiliated foreign performing rights sodelies, including compositions written or publishl;ld during thl;l Term of this Agre",ment and of
which BMI has the right to license non-dram<ltlc public perfonn:;mcos_
(~ Evonls and Functions means any activity conducted, sponsored. or presented by or under the auspices of LICENSEE, Excepl
as set forth in Paragraph 2 (d) bQlow, .i:::vents- and "Functions. shall Include, but are n011imlted to, aerobics and exercise classes,
athletic even IS, dancaG and other social events, concerls, feslivals, arts end crafts Fairs, and parades held under the auspices of,
Or sponsored or promoted by, LICENSEE on the Premises_
(g) speoial Elrenls. moans mus:cal events, concerts, a hows , pageants, sporting events, Festivals, competitions, and other (lvents of
limited dur<ltlon pres,,"nted tly LICENSEE tor wllloh the "Oross ReV<>r1ue" (as defined in Sci,edule Bl of such Special Evenl
e"ceeds $25.000_
2. BMI GRANT
(a) BMI gJants and LICENSEE accopts a non-excluSive license to perform, plesent or cause t!'le live and/or recorded public
performance on the "F'rumises" anu al "EventS" and "Funotions", and not clsowhl)fo or otherwise. non-dramatic renditions of the
separate musical cornpositlons in the "BMI Repertoire", Tha performances licensed under this Agreement m~y bo by means of
"Live Entertainmont" Qf "Recorded Musi,,".
(b) This license does nQI authorize (" the broadoastlng, IOloc:;lstlng or transmission or retransmission by wire, Internel, website or
otherwise, of renditiOnS Of musiCal oomposltions In BMl's Repertoire to persons outside of the Premises. other than by means of a
music-on-hOld telephOl'le system operat~d by LICENSEE althe Premises: and (2) perfofmanccs by means of background music
(such as Muzak) or other services d'illivljrad to the Premises. Nothing in this Paragraph shall be deer11ed to limit LICENSEE's right
to transmit rendition" of musical compositions in the BMI Reper10ire 10 those who attend Events or Funclions on th~ F'remises by
means of teloconferencing. vldeOconferenoing or similar technology.
(c) This license is limiled to non-dJamatic performances, and doos rIOt authorize any dramatic performances. For purposes of this
Agreement, a dramatic performance Shall include, but Ilot bo limited to, the following: (1) performanc,," 01 a -dramatico-mus'cal
work. (as hereinafter defined) In its entirety; (Z) perfQrmance of OM or more musicaf compositions from a .dramatlco-musical
work. (as hereinaf1er defined) ,"ccompanied by dialogue, pantomime, danoa, &lage action, or vi$ual represontation of the work
from which l!'le music i:l, taken; (3) performance of one or mote musical compO$itions as part of a story Of plot, whether
a<:companied or unaccompanied by dialogue, ~ntomime, danc,,", stage action, or visual representation; and (4) performsnoa of a
concert ver3iOn of a "dramalico.musical wor1(. (as hereinarter defined], The term "dremallcD-mllSical work" ,"s used in the
Agreement. shall include, but not balimlted to, a musical comedy, opera, play with music, revue, or ballel.
(d) This license does not authorize performance$~ (1) at any convention, exposition, trade ShOw, conference, congress, InduSlrlal
she>w or similar sctivlly presented by LIcENSEE or on lhe Premises unless it ib pre6ented or spon"ored sololy by and undor lhe
au,>picos of LICENSEE, is presontad entiroly on LICENSEE's Premises. and Is not open to l!'Ie general public; (2) by or at colleges
and universiMs: (3) at <lny profe:l,siOnal sports events or game playao on the Premis~s; (4) at any p,,"rmanenlly situated theme or
aml,lS!lmcnl park owned or operated by LICENSEE; (5) by any symphony or communily orChestra; and (6) or means 01 a coin
operated ju~ebox,
3. REVIEW OF STATEMENTS AND I OR ACCOUNTINGS
(a) BMI $hall have the tight \0 require such reasonable data necessary in order to ascertein the Annual Lioense I"s,,_
(b) BMI shail hav" Ihe right. by ils authori7.ed representatives. at any time during custom'3ty business hours, to examine the books
and records of account of LICENSEE to such extent as may be nece$sary to verify the statements made hereunder, eMI shall
consider all d<lla and informalion coming 10 ils attention as a result Of any such exemlnatior, of books and records as completely
confidential.
(c) eMI shall have the right to edjuS! LICENSEE'S Annual liCenSe Fee based upon Ihe most recen~y available revisod population
figUfOS provided by 1he U. S- Census Department
Page I (Jf4
- 82 -
4. LATE PAYMENT AND SERVICE CHARGES
BMI may impose a lale payment charge of one and o~e.helf
percenl (1 \4%) per month, or the maximum rate permitted by
lew, whlchev~r is I~ss, from the date paymenl is due on My
paymont that is received by 8MI mQle than thirty (30) days afM
the due dale, BMI may impose a $25.00 service charge for
each unpaid check, draft Or Other means cf payment LICENSEE
submits to BMI.
5. 61'111 COMMITMENT TO CUSTOMEI=IIINOEMNlTY
So long as LICENSEE is not in default or breach of this
Agreement, 8MI agrees to Indemnify, seve harmless, and
defend LICENSEE end Its officers, and employees, from and
against ",ny and all ClaimS, demand., Or suits that may tie made
or brought again.t them with raspecl to the performance of any
musioal works WI)lch is licensed under this Agreement at Ihe
time of performanoe. LICENSEE agrees to give BMllmmndiele
no!ice Of any such claim, demand, or suit, to doliver to BMI any
papers pertaining thGre!o, and to coopera:e wilh aMI wi1h
respect themto, and BMI shall have full charge 01. tho defense of
any such claim, demand, or sui I.
ll. BREACH OR DEFAUL.T I WAIVER
Upon any broach or default of the terms and conditions
contained herein, BMI shall have thG right 10 cancel this
Agreement if such breach Or defaull continues for thirty (30)
days a~er LICENSEE's receipt of written nQtice thereof. The
right to caocel granled 10 BMI shall be In addition to any and all
other remedies which BMI may have. NO waiver by 8MI of full
performance of Ihis Agreement by LICENSE~ in anyone or
more instanCes shall be deemed a waiver of the ri9hllo require
full and complete performanc"" or this Agreemenl therea~er or of
the righl to cancol this Agreement with !llC> tc>rms of this
Paragraph.
7. CANCE1..l.ATION OF ENTIR.E CATEGORY
6MI shall have the right to cancellhe Agreement along with 1M
simultaneous cancellation of the Agreements of all other
lioon$OOs of the same class and category 8S LICcNSE=, as of
the end 0/ any month during the Telm, upon sixty (60) days
advance wriUen notice.
6. ASSIGNMENT
This IIcensu is not assignable or transferable by operation of law
or otherwise. This IIcenso does not aulhorize LICENSEE 10
grant to others i'ny right to perform publicly i~ any mannor any of
the musicel compositions licensed und...t thi~ Agre",menl. nor
does il authorize any p\,lbllc performanoe. at any of lhe
Premises in any mann...r excopt as expres.ly herein provided.
10. NOTICES
Any notice under this Agreement will be in w~ling i'nd deerned
given upon mailing when sent by ordinary fir~t-c1""s U.S. mail to
the party intended, at Hs mailihg address stated. Or any other
address which ei(het pariI' may designate. Any such notice sen!
10 BMI shall be to !he attention of the ViCQ President, General
Licensing Department at 10 Music Square East, Nashville, TN
37203. Any sucl1 noilce sent to LICENSEE shall be to tho
atlention of tho person .igning the Agreement on i..ICENSEE's
behalf or such person as LICENSEE may advise BMI in writing.
11. MISCELLANEOUS
The facl that any provisions are found by a court of cornpetent
jutisdiclion to be void Or unenforceable will not affect the validity
or enforoeability of any other provisiollS. Ihis Agreement
constitute. the entire understanding I)etween the parties and
cannot be waivod or added to or modified orally and no waiver,
addilion and modification Shall be valid u'lless in writing end
signed by bOth parties.
12. FEES
(a) In consideration of the license granted herein. LICENSEE
agrees 10 Day BMI a license fee which Includes the total of
Ihe "Base License Fee- and any applicable .Speclal Events
License I=ee.", all of which shall be calculated in
accordanco wilh the Rate Schedule on Page 3. For
purposes of this Agreamel'\t,
(I) "Base License Fee" means the annual fee due in
accordance with Schedule A of the Rale Schedule
and beud on LICENSEE's population as eslablishnd
in the most recent published U.S. Cansus dala. II
does not Include any feus due for Special EV$nt~.
(ii) .'Special Evenls License Fees' means the amount due
in accordance with Scl1edule B of 1he Rate Schedule
when Special Events are presenled by or on behalf of
LICENSEE. II does not include any Base Licensa
Fee due.
(iii) LICENSEES who .are legally organized as slate
munlcipai and/or county leagues or state ass"~I,,tlons
of municipal and/or COlmly attorneys shall be required
to pay only the feB under the Schedule C of the Rate
Schedule. Such leagues or as.ociations are nOl
subject 10 Schedu Ie A or Schedule B of the Rate
Schedule. Foes paid by .ucl1 leagues or
associations do not cover pertormances of (he
municipality, county. Or other local govomman1 entity
represented by lhe league or ,association. SchedUle
C fees are not applicable to municipal, county ortother gOverflr"r10nt al1lltles.
Page 2 of4
- 83 -
2009 RATE SCHEDULE: FOR LOCAL GOVERNMENTS
SCHEDULE A
c~eCi( Population --
L1CENSEE'$ PI.>p...'~\lon Base Llcenlie Fee Enter Fee Based Upon
Range (-J) Population
1 50000 $305
7 50 001 " 75 000 $606 5608
,5,001 " 1 09_,0~09 - S731
100,001 125,Q.OO,,~, $975 ....--..... I
;25,001 150000 $1:219 i
150.001 200 000 $1,584 ,
200.001 250 000 $1.949
250,001 30_0,009 __$2,317 ---
300.001 " 350,000 $2.682
350001 400,000 $3,049 --
400,9.91 450,000 $3414
450,001 500,000 - $3 780
- 500,001 " plua $S.133 pIW<$500 lor 0""'Y 100.00Q
If 500.001 Q/ more. enter populatio~ (lI"Jplll;'lliM irK;r~.'f1~t Qr j)~fl:il)n tl-..Qrwf
obov<: 600.000 wp 10 0 "'O.,mym
ilnnuOII ~I:;'G of $60,950
SCHEDULE A FEE $508.00
--
.~. .
SCHEDULE B
Special Events Fee
- (to be reported 9D days after each event", sOe Pllr. 13(d))
The rate for Special Events shall be 1% of Gross Revenue.
. "Special Events' means rrusical events, concerts. ShOWS, p"!Jeent$, $porting events. fe.tlvals. competitions, and other events of
limil",d dyrlllion pre"entad by LICENSEE lor which Ih", "Gross Revenu';" of suCh Special EVOJ1ls OxCQOOs $25,000.
. .Gr~.. Revenue" means all mOI1I~. received by LICENSEE or on ~[C!::NSEE'~ behalf fram Ih~ salo of 1I<:""ts fQr each Special Event H
there are no rnonl",~ from thR sala of tickel., "Gros. Revenue" ..hall niAM COr"ltribuliOI1S from the .pOMors Of olhar payments recalved
by LICENSEE lor each SpeCial Event_
I SCHEDULE 6 FEE I BMI will ","v!ri. · "'port
fo~m to raper! Ytlur 8wnf~'
SCHEDULE C
State MUlllclpal and/or County Leaguas or State Associations of Attorneys
(to be completed If you are a State Municipal and/or County Leagues or State Associations of Attorneys)
1------
TIle Mnualllc9flsB fee for LICENSEES who sre leg~lIy or9"nl~d as stata municipal ar>d/or county lealluBs, or state .S5OGiallons 01
municipal and/or county sltorneyli .hall be $305.00. No Special events fee applies to LICENSEES quslifying under 'his Soh""ule.
I SCHEDU LE C FEE I
13. RepORTING
(a) Upon the execution of this Agreement, LICENSEE shall Submit:
(j) a report stating LICENSEE's population based on the most receI1t published U.S. Census data. The Populiltlon set torth In
the rapor'! shell be used to calculate the Sase License f'ee under lhls AgreQment; "nd
(ii) a report containing the inlormation set lorth ifi Paragraph 13 (d) below tor.911 Special Events thaI wete presented between lhe
effective date or this Aereement and the execution Of this Agreement
(t>) Th~ Sase l.icense Fee for Ille first year Qf thiS Agreement and any license lees due fOr Speclal ~vents that were presented
between Ihe effecllve dale of this Agreement and the exeC\J!lon of this Agr8emfrnt shall be payable upon l~e execution of Inls
Ag reeme~t.
(c) Base License Fees rOf SUbsoquonl years shall be due ar\d payable within 30 days of the renewal date of this Agreement and shall
be accompanied by" slalemen; confirming whethar any Special Events were presented during tha previous calendar year.
(d) Ninety (90) days after the conclusion of each SpeCial Event, LICENSEE shall submit to aMI payment lor such Speciel Even! aOO a
repOrt in prir"ltcd or computer readable form Slating:
(i) t~e dale presented;
(ii) the name ot the anraction(s) appearing;
(ili) the "Gross Revenue" ot the event (as defifll'd above);
(Iv) the license fee clue for each Speoial Event.
~,L", 0910212005
1872007
f'ago J of 4
- 84 -
(e) If LICENSEE pre'>en',>, ,>pOnsors or promote\'> ~ Sp",ci~1 EVent lh~l Is fepQrt~blQ !.Inder R<lle Schedule E\ with another person or
entity licenSed under a 8MI License Agreement, LICENSEE shall indicate lhe name, Mdr",ss, phone number ~r>d 6MI account
numb",r of the 01her person(s) or ",ntity(ie\'>) and the party responr;ible for paymenl for such Special Event. If the other party ill not
licensed by BMI, LICENSEE shall pay the license fee due hereunder, notwithstanding any "'gre(lment to the <;cntrary betvvcer>
LICENSEE and tho othor party.
(f) LICENSEE "'groos to furnish to BMI, where available, copies of all programs of musical works perlormed, whiCh are prepared for
dislribution to the audience or for Ihe use or Information of LICENSEE or any department thereof. The programs sh~11 include ~II
encoras to Ihe axtent possible. LICENSEE shall be under no obligation to furnish programs when they have not been otherwise
prepared.
14. RATE ADJUSTMENTS IllCENSE FEE FOR YEAR 2010 AND THEREAFTER
For e~ch c~lend~r ye~r commencing 2010, all dollar figures set forth in SChedules A, El and C (except the $500 add-on for populations
of 500,001 or more) shall be the lioe~6'" (00 for the prac&diJ'lg calendar year, adjusted Itl accordance with the increase in Ihe
Consumer Price Index - All Urban Consumers (CPI-U)) between the precoding Oclober and the Mxt preceding October, rounded to
the nearest dollar. Any addition~llicen,>f) feas due I"ftsulting from the CPI adjustment shall be p~yable uPOn billing by BMI,
15. TERM OF AGREEMENT
This Agreement shall be (or an initial Term of one (1) year, oornrnencing Juna 1,2009 , whiCh shall be considered the
effectivo d~te of this Agreement, aM oonlinuing there&lIer (or additional terms of one (1) year each. Either party may give notice of
termination to the other no laler that) thirty (30) d"'Y5 prior to the ",nd of the initial or any renewal term. If such nOlice is given, the
Agreemenlshall termin"'!e on thllla!lt day of the Term in which notim is giv",n.
AGRIeI;:MI;:NT
AGRfeEMEN1', mall" at N<lW Yorl<, N.Y. on (D"te wilt lIB (m/..rad by BMI upon .."""ution) b"_,,n BROADCAST MUSIC, INC.,
a stale 01 N<lw Yort:. corporation with Ila ~rincipal offices al 320 W"st 57''' SI'"el, Naw York, N.Y. \O01~ (herBinBfler -BM!") and IIw legal or lrad.. name
r1ese,ib"d below nnd referred 10 mOfeBfter as .L1CENSE,," (the .A~raemenn. ThiS Agreement inGI~d,,~ all Of the term, ~nd eondltlon~ scl 10<11'1 herein,
PLEASE RETURN THIS ENTIRE SIGNED liCENSE AGREEMENT TO: BMI, 10 MUSIC SQUARE EAST, NASHVillE. TN 37203
ENTER lEGAL ~E: I.ICEN!;H;O PREIoIISI;S
City of 8oynlon Beach (AlllocBlion~ authorized by the LICENSEE)
lNIlr.'o1o 01 :Cor,poc:non, Pllrt~nll'lip, Or IM:lr-.i:tlJllil Ov.'lIHr)
(Sbflllr M.Jr~;;!.Ij)
/Citj;)
(3I!a't'l;
rz~)
ENT!;;R TRAOE NAME:
C,ty of Boynton Baach
(to1olopMM No.)
rF.J1(' Mlm!JM}
(D(!ittOc.J:ii"~iIJilQA"Iht.!II""'lI'I""ll
{GMt!J1j,/ NlJm~' {TiUtt}
CHI;CK APPROPRIATE BOX AND COMPLETE MAILING ADDRESS
ilf dlrr.,rcnl frt!"" UI;'I;IIl'~cd Prl$......I$II1:! .6ddn:lu)
PO Box 310
fSlrolKll A~dron}
Boynlon Boocl1 FL 33425
(C~tJ (S'~I.) (Zip)
(561) 742-6255
(TQiQphL1n"No.} cFD:.KNoorflar>
Wally Majors Director
(C/w.r:INlImQ) n'JItv'
o IMlviouaf Ownership
o LLC 0 Corporation
o LLP D Par1rlership
'SIMt. illlllUlfPC"l:kll'l. If dt'l..11tI'tI flllm tic:ons-e<j f-l~"'IIHI~
(~n1l1r nlll~1I. (l! p8Jtnen)
~ Ollle'
Mllnicipality
Fed. Tax 10 /I
1"0 BE COMPLETED BY AN AUTHORIZED
REPRESENTATIVE OF LICENSEE
FOR ADMINIS1"RATIVE USE ONLY
ro BE COMPLeTED BY 8MI
BROADCAST MUSIC, INC.
Slg~alur~
Print Nama / Title
FOR 8MI USE ONL. Y
_~l~
Accounl No.
i 111[]IIlIl~II~ m~llllllllmll mllllllllllllllllllllllll il~lI~~ I ~III
1 m007---.J
COlD
I.
.. 8MI and ,he Music Sland ~ymbol a,,, r"gi.lared lrad~ma(k~ of B'o~oeasl Mu.io. I~e.
pagc 4 of4
- 85 -
6. C
CONSENT AGENDA
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10-002 - Approve
Cooperative Agreement among COALA (Cooperative Authority for Library Automation) member libraries
to include the City of Boynton Beach, Town of Lake Park, Village of Palm Springs, Village of North Palm
Beach, and Delray Beach Public Library Association, Inc., for the operation of a shared library
automation system.
EXPLANATION OF REQUEST: The original COALA agreement was approved by Commission in
1984. Currently, four libraries, including the Boynton Beach City Library, share a library
automation system (SIRSIDynix Unicorn). This updated agreement "adds" The Village of
North Palm Beach Public Library as a member of COALA.
HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? This agreement will save the City of
Boynton Beach 5% of the overall annual costs that will be split among the five libraries instead
of four in FY201 0-2011 and each year thereafter. Current year costs for Boynton Beach are
$8,269.35. Based on this amount, Boynton Beach will save about $400-$500 per year
beginning next fiscal year.
FISCAL IMPACT: There are no additional costs associated with this agreement. The City of
Boynton Beach will save 5% of the overall split costs in FY201 0-2011 and each year
thereafter. All related annual costs for this fiscal year are in current approved budget.
ALTERNATIVES: Do not allow the Village of North Palm Beach Public Library membership into
COALA.
- 86 -
RESOLUTION NO. RI0-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THE
COOPERATIVE AGREEMENT AMONG COALA (COOPERATIVE
AUTHORITY FOR LIBRARY AUTOMATION) THE CITY OF
BOYNTON BEACH, THE TOWN OF LAKE PARK, THE VILLAGE
OF PALM SPRINGS, THE VILLAGE OF NORTH PALM BEACH
AND THE DELRAY BEACH PUBLIC LIBRARY ASSOCIATION,
INC., FOR THE OPERATION OF A SHARED LIBRARY
AUTOMA TION SYSTEM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, under the original COALA agreement which was approved by the City
Commission in 1984, four libraries share a library automation system; and
WHEREAS, this updated Agreement will add the Village of North Palm Beach as a member of
COALA; and
WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the
best interests of the residents of the City to authorize the Mayor and City Clerk to execute the
Cooperative Agreement among the City of Boynton Beach, The Town Of Lake Park, The Village Of
Palm Springs, The Village Of North Palm Beach and The Delray Beach Public Library Association,
Inc., for the operation of a Shared Library Automation System.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida does hereby approve
and authorize the Mayor and City Clerk to execute the Cooperative Agreement among the City of
Boynton Beach, The Town Of Lake Park, The Village Of Palm Springs, The Village Of North Palm
Beach and The Delray Beach Public Library Association, Inc., for the operation of a Shared Library
Automation System, a copy of which is attached hereto and incorporated herein as Exhibit "A".
Section 3.
This Resolution shall become effective immediately upon passage.
- 87 -
PASSED AND ADOPTED this _ day of January, 2010.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
- 88 -
COOPERA TIVE AGREEMENT AMONG THE CITY OF BOYNTON BEACH, THE TOWN OF
LAKE PARK, THE VILLAGE OF PALM SPRINGS, THE VILLAGE OF NORTH PALM
BEACH, AND THE DELRA Y BEACH PUBLIC LIBRARY ASSOCIATION, INC. FOR THE
OPERATION OF A SHARED LIBRARY AUTOMATION SYSTEM
THIS COOPERATIVE AGREEMENT, is made and entered into this _ day of
2009, by and between the TOWN OF LAKE PARK, VILLAGE OF PALM SPRINGS,
VILLAGE OF NORTH PALM BEACH, the CITY OF BOYNTON BEACH, all Florida municipal
corporations, and the DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC., a Florida
corporation not for profit, all located in the County of Palm Beach, hereinafter referred to as
"Participants."
WITNESSETH:
WHEREAS, each of the Participants presently maintains a free public library; and
WHEREAS, it is deemed mutually advantageous to enter into this Agreement for the express
purpose of cooperating in the provision of an automated library service which shall benefit mutually and
equally the residents of the cities involved.
NOW, THEREFORE, in consideration of the mutual premises and covenants herein contained,
the participants hereby agree as follows:
Section 1.
The Participants, in order to provide for the authority to enter into this contract,
agree to and acknowledge the following:
A. This Agreement constitutes a joint exercise of power shared in common which any
Participant could exercise separately.
B. The purpose of this Agreement is to provide for the establishment and operation of
cooperative automated library services for the mutual advantage of the Participant's municipal residents.
The name of the organization that is formed pursuant to this Agreement is the Cooperative Authority for
Library Automation ("COALA").
- 89 -
C. The City of Boynton Beach will arrange for the purchase of the SIRSI Dynix Unicorn
Software (the "Software"). The Participants will share in the costs associated with the purchase and
maintenance of the Software, and the server on which the Software and associated information is
maintained. Each Participant's share of the annual costs associated with the purchase and maintenance
of the Software and server shall be as indicated in Exhibit "A", which is attached hereto and
incorporated herein by reference.
D. The Participants shall meet annually and at such other times as the Participants deem
necessary in order to address any issues related to the use of the Software.
E. Each Participant shall designate one representative who shall be the contact person with
respect to the operation of the Software and the performance of the Participant's obligations pursuant to
this Agreement.
F. The Participants shall prepare and submit an operational manual for the use of the
Software and server. The Participants may amend the operations manual upon the mutual written
agreement of a majority of the Participants.
G. It is the intent of this Contract that COALA's major function shall be the establishment of
a centralized automated library control service; however, the Participants, subject to the approval of the
governing bodies of all Participants, may amend this Agreement in order to provide for additional
functions as it may deem in the best interests of the public.
H. The annual budget for the performance of this Agreement shall be prepared by the
Participants and submitted to their respective Chief Administrative Officers no later than May 1 st of each
year as part of each Participants' annual budget. Capital funding and the annual operational budget shall
be on the basis of proportional contributions for each Participant. The proportional contributions of each
Participant shall be as provided in Exhibit "A" which is attached hereto and incorporated herein by
reference. The annual budget shall be funded from available Federal, State and local funds that are
available for the Participant's use, and shall be subject to annual budgeting and appropriation by the
- 90-
Participants' governing bodies. Any capital improvements required in association with the use of the
Software shall be computed on the same fair share basis.
I. The City of Boynton Beach shall keep an accurate accounting of the financial
responsibilities of each Participant, and the Participant's compliance with the terms of this Agreement.
The City of Boynton Beach shall provide an annual report to each Participant evidencing the
expenditures associated with this Agreement, and each Participant's compliance with its financial
obligations.
1. All improvements, fixtures and moveable property to be constructed or installed at the
site of the automated library services control center shall be purchased in the name of the City of
Boynton Beach, for the use of all the Participants. Upon the termination of this Agreement, any such
improvements, fixtures, and moveable property which can be severed without destroying all resale value
shall be sold and the proceeds applied toward liabilities of each Participant, if any, or divided among all
the Participants at the time of termination of this Agreement as provided in Paragraph K.
K. Upon termination of this Agreement, all of the assets and liabilities associated with the
performance of this Agreement shall be distributed to all of the Participants who remain a party to the
Agreement at the time of termination, pro-rated on the basis of each Participant's investment.
L. Neither the Participants nor any of their respective employees shall be deemed to assume
any liability for acts, omissions, or negligence of any other Participant's employees, and each shall hold
the others harmless from and shall defend the others against any claims for damages resulting therefrom.
All liability for injury to personnel and for loss or damage of equipment incurred in connection with this
Agreement or in the performance of services or functions pursuant hereto shall be borne by the
Participant employing such personnel or owning such equipment, and the Participants shall carry
sufficient insurance to cover all such liabilities. This provision shall not constitute a waiver of sovereign
immunity beyond the limits set forth in Section 768.28, Florida Statutes.
M. Each Participant shall retain the right to terminate this Agreement at any time following
one year's written notice to the other Participants, and after the effective date of such notice the
- 91 -
Participant will be relieved of any further obligations under this Agreement, except that nothing herein
shall be construed to impair the obligations of any other contract then in effect to which the Participant
is a party.
N. The Participants are independent entities and are not employees or agents of the other
Participants. Nothing in the Agreement shall be interpreted to establish any relationship other than that
of independent entities, between the Participants, their employees, agents, subcontractors, or assigns,
during or after the term of the Agreement.
O. Any other library may become a party to this Agreement, and a party to COALA upon
such terms and conditions as are approved, in writing, by all the Participants, which terms and
conditions shall be incorporated into this Agreement by amendment.
P. All Participants shall allow pubic access to all documents and materials associated with
this Agreement in accordance with Chapter 119, Florida Statutes.
Q. This Agreement states the entire understanding and agreement between the Participants
and supersedes any and all written or oral representations, statements, negotiations, or agreements
previously existing between the Participants with respect to the subject matter of this Agreement.
R. If any legal action or other proceeding is brought for the enforcement of this Agreement,
or because of an alleged dispute, breach, default or misrepresentation in connection with any provision
of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney's
fees and costs incurred in that proceeding, including appellate fees and costs, in addition to any other
relief to which such party may be entitled.
Section 2.
The term of this Agreement shall be perpetual, subject to the Participant's annual
budgeting and appropriation, and shall take effect upon execution by all Participants to wit: TOWN OF
LAKE PARK, VILLAGE OF PALM SPRINGS, VILLAGE OF NORTH PALM BEACH, the CITY OF
BOYNTON BEACH, and the DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC. This
Agreement may be deemed effective upon the concurrence of all Participants in the same manner as the
adoption of this Agreement. The Agreement shall be terminated upon the adoption of an amendment to
- 92-
that effect by all Participants, or in the event that all but one of the Participants have terminated the
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by the duly
authorized officers on this _ day of
,2009.
- 93 -
Witness:
(SEAL )
Witness:
Witness:
Witness:
Witness:
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
TOWN OF LAKE PARK
Attest:
VILLAGE OF PALM SPRINGS
Attest:
VILLAGE OF NORTH PALM BEACH
Attest:
DELRA Y BEACH PUBLIC LIBRARY
ASSOCIATION, INC.
PRESIDENT
- 94-
Attest:
H:\1990\900182.BB\AGM1\AGREEMENTS 2009\COALA Agmt (l2-1-09).doc
- 95 -
EXHIBIT A
The Participants' fair share contributions to the Authority's Annual Budget shall be as follows:
FISCAL YEAR 2009 - 2010
Boynton Beach
Delray Beach
Lake Park
Palm Springs
North Palm Beach
33%
33%
17%
17%
$27,730.88
FISCAL YEAR 2010 - 2011 and all subsequent Fiscal Years
Boynton Beach 29%
Delray Beach 29%
Lake Park 14%
Palm Springs 14%
North Palm Beach 14%
- 96-
6. D
CONSENT AGENDA
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF ~ CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10- 003 -- Approve
36-month Agreement with Paetec for existing phone-line equipment and ongoing long distance service.
EXPLANATION OF REQUEST:
During the last six months, City staff has been working to decrease the City's ongoing phone charges.
The City has already received large retroactive credits and ongoing reductions by:
. Eliminating some phone lines,
. Replacing expensive solutions with lower cost options,
. Reducing rates by implementing longer-term agreements in lieu of month-to-month bills, and
. Receiving retroactive credits.
In addition to using AT&T for local phone service, digital connectivity, etc., the City has been using
Paetec for most of our long distance service. The City already has a blanket P.O. for FY 2009-2010 to
pay Paetec for both a dedicated trunk-line and long distance calls.
The attached Paetec Agreement offers us lower rates, as well as a small credit, by switching from a
month-to-month bill to a 36-month Agreement. After surveying several long distance carriers for other
options, our outside phone consultant estimated that this Paetec Agreement will save us approximately
$7,000 per year over our current month-to-month bills.
Once the new Agreement is in place, staff will convert the small number of City phones that are
currently with other long-distance carriers to Paetec to add to the savings.
- 97-
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
Paetec equipment and dedicated phone-lines are already installed and connected to City
phone switches. This Agreement requires no new work; it simply lowers ongoing operating
costs.
FISCAL IMPACT:
This proposed Agreement will lock-in equipment costs and long distance rates for three years,
and thereby lower the City's month-to-month ongoing operating costs.
AL TERNA TIVES:
. Continue with Paetec on a month-to-month basis at the current higher rates.
. Switch to another long distance carrier. However, this option would entail considerable
installation and configuration work for both internal staff as well as both carriers. It
might involve unforeseen capital costs.
- 98 -
RESOLUTION RI0-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE CITY MANAGER AND CITY CLERK TO EXECUTE A
THIRTY-SIX (36) MONTH SERVICE AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND P AETEC FOR EXISTING
PHONE-LINE EQUIPMENT AND ONGOING LONG DISTANCE
SERVICE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, City staff has been working to decrease the City's ongoing phone charges; and
WHEREAS, the attached Agreement with P AETEC offers the City lower rates as well as a small
credit for switching from a month-to-month basis to a 36-month Agreement; and
WHEREAS, upon recommendation of staff, the City Commission has determined that it is in
the best interests of the residents of the City to approve and authorize the City Manager to execute a
thirty-six (36) month Service Agreement between the City of Boynton Beach and PAETEC for existing
phone-line equipment and ongoing long distance service.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida does hereby approve
and authorize and direct the City Manager and City Clerk to execute a thirty-six (36) month Service
Agreement between the City of Boynton Beach and PAETEC for existing phone-line equipment and
ongoing long distance service, a copy of the Service Agreement is attached hereto as Exhibit "A".
Section 3.
This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this _ day of January, 2010.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
- 99-
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
- 100 -
PAETEC
Quote# 227274
09/14/2009
SERVICE AGREEMENT
This sets forth the terms of the Service Agreement ("Agreement") made this 14th day of September, 2009, by aod
between PAETEC as defined in the PAETEC Staodard Terms aod Conditions of Service ("PAETEC") , aod CITY
OF BOYNTON BEACH, a Florida Corporation ("Customer"). The term of this Agreement is for 36 months
("Term"). Customer agrees to a Minimum Monthly Fee of $894.30. All services provided are subject to the terms
and conditions below aod on the attached Rate Schedule(s).
One P AETEC Plaza
600 Willowbrook Office Park
Fairport, NY 14450
CUSTOMER INFORMATION
~
Customer Name
CITY OF BOYNTON BEACH
Service Address
See Attached Service Location Listing
Notice Address:
100 E BOYNTON BEACH BLVD
BOYNTON BEACH, FL, 33435 US
Contact Name:
John McNally
Contact Phone:
561-7426000
Federal LD. or S.S.#:
Contact Fax:
Tax Exempt:
SERVICES BEING PROVIDED BY P AETEC TO CUSTOMER
Access Loop
Switched 1+
Monthly Recurring Equipment Credit
Trunks
Toll-Free (8xx)
By signing this Agreement, the Customer hereby authorizes PAETEC to provide the Services listed herein and on any/all attachments. Each
month Customer shall purchase at least the Minimwn Monthly Fee amount set forth above, calculated prior to application of any taxes or
surcharges.
This Agreement is subject to and controlled by P AETEC's federal and state tariffs as applicable, and/or by P AETEC's Standard
Terms and Conditions of Service and the service specific terms and conditions as located at
http://www.paetec.com/notice/legalnotice.html. as such tariffs and terms may be modified from time to time and all of which are
hereby expressly incorporated by reference.
Information regarding Customer's rights and options pertaining to Customer Proprietary Network Information ("CPNI") is available at
<http://www.paetec.comlnotice/cpni.htm1> .
The individual signing the Agreement on behalf of Customer is duly authorized to do so.
Accepted Bv Customer:
Signature:
Authorized bv PAETEC:
Signature:
Print Name:
Print Name:
Title:
Title:
Date:
Date:
This offer is voidable byPAETEC ifnot signed and returned to PAETEC by the 13th day of December, 2009.
QA-P-3030-00-LF13
Page I of12
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PAETEC
Quote# 227274
Additional Terms Schedule
In addition to the terms and conditions contained in the Service Agreement ("Agreement") between P AETEC
("P AETEC") and CITY OF BOYNTON BEACH ("Customer") and all other schedules thereto, the following terms
and conditions apply. These Additional Terms shall take precedence over any conflicting provision of the
Agreement, including any conflicting provisions contained on the first page of the Agreement and/or any conflicting
provisions contained in the Standard Terms and Conditions ("Standard Terms") or any other Agreement schedule,
including those referenced on the P AETEC website.
09/14/2009
QA-P-3030-00-LF13
Page20f12
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PAETEC
Quote# 227274
09/14/2009
Service Location Listinl!
Customer Name:
CITY OF BOYNTON BEACH
100 E BOYNTON BEACH BLVD, BOYNTON BEACH, FL, 33435, US
Service
Total MRC
Trunks
Toll-Free (8xx)
Site Total MRC
$894.30
Grand Total MRC
$894.30
The information set forth on this Service Location Listing sets forth the total Monthly Recurring Charge(s) ("MRC") for each Service
Location covered under the Agreement. For a breakdown of the MRC charges for each Service Location, along with site specific Usage
Fees and Non-Recurring Fee(s) ("NRC"), please refer to the site specific Rate Schedule for each Service Location. By signing below,
Customer acknowledges that it has received and reviewed the site specific Rate Schedule(s) to the Agreement, and agrees to the
information set forth therein.
Accepted Bv Customer:
Authorized bv P AETEC :
Signature:
Print Name:
Signature:
Print Name:
Title:
Title:
Date:
Date:
QA-P-3030-00-LF13
Page 3 of12
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PAETEC
Quote# 227274
Rate Schedule
09/14/2009
Customer Name CITY OF BOYNTON BEACH
Sales Agent Name Baker, Philip J
Sales ID
274333
Sales ent Phone
100 E BOYNTON BEACH BLVD, BOYNTON BEACH, FL, 33435,
Item Rate Ouantitv Total
Trunks
20 DID Station Nwnbers * 5.50 1.00 5.50
FSLC Charge * 6.77 5.00 33.85
PRI Tl 850.00 1.00 850.00
Toll-Free (8xx)
Toll-Free Access * 4.95 1.00 4.95
Site Total MRC Fees 894.30
I Non Recurring Fees ~
Item Rate Ouantitv Total
Site Total NRC Fees 0.00
I Monthly Recurring Equipment Credit ~
Monthly Equipment Credit (200.00)
Duration of Credit I Months
USAGE Fee** ~
Item Rate Initial Additional
Increment Increment
Dedicated Long Distance Usage Rates
IntraLata 0.01 I 6 sec 6 sec
InterState 0.015 6 sec 6 sec
IntraState 0.025 6 sec 6 sec
Directory Assistance * 1.99 2
Canada * Bronze I 30 sec 6 sec
Caribbean * Bronze I 30 sec 6 sec
US to International * Bronze I 30 sec 6 sec
Switched 1+- Domestic
Interstate 0.03 I 6 sec 6 sec
IntraLata 0.03 I 6 sec 6 sec
IntraState 0.03 I 6 sec 6 sec
Switched 1+ - International
Canada. Bronze 30 sec 6 sec
Caribbean * Bronze 30 sec 6 sec
US to International * Bronze I 30 sec 6 sec
Toll-Free (8=) - Dedicated Domestic
InterState * 0.03 I 30 sec 6 sec
IntraLata 0.04 I 30 sec 6 sec
IntraState 0.04 I 30 sec 6 sec
Toll-Free (8xx) - Dedicated International
Canada to US * 0.029 I 30 sec 6 sec
US to International * Silver I 30 sec 6 sec
Toll-Free (8=) - Switched Domestic
InterState * 0.06 I 30 sec 6 sec
IntraLata 0.07 I 30 sec 6 sec
IntraState 0.07 I 30 sec 6 sec
Toll-Free (8xx) - Switched International
Canada to US · 0.029 30 sec 6 sec
US to International * Silver 30 sec 6 sec
Conference Calling 0.14 60 Sec 60 See
QA-P-3030-00-LF13 Page 4 of 12
- 1 04 -
PAETEC
Quote# 227274
09/14/2009
Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant
* Rates are subject to change on 30 days notice via a bill message on customer's invoice.
.. Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and
directory listings. For the current features pricing, go to <http://paeteconline.com>.
USAGE Fee** 6415 N OCEAN BLVD, BOYNTON BEACH, FL, 33435, US
Item Rate Initial Additional
Increment Increment
Directory Assistance * 1.25 N/A N/A
Switched 1+- Domestic
Interstate 0.03 6 sec 6 sec
IntraLata 0.03 I 6 sec 6 sec
IntraState 0.03 6 sec 6 sec
Switched 1+ - International
Canada * Bronze I 30 sec 6 sec
Caribbean * Bronze 30 see 6 sec
US to International * Bronze I 30 sec 6 sec
Conference Calling 0.14 60 Sec 60 See
Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant
* Rates are subject to change on 30 days notice via a bill message on customer's invoice.
* * Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and
directory listings. For the current features pricing, go to <http://paeteconline.com>.
USAGE Fee** 211 NW 13TH AVE, BOYNTON BEACH, FL, 33435, US
Item Rate Initial Additional
Increment Increment
Directory Assistance * 1.25 2 N/A N/A
Switched 1+- Domestic
Interstate 0.03 6 sec 6 sec
IntraLata 0.03 I 6 sec 6 sec
IntraState 0.03 I 6 sec 6 sec
Switched 1+ - International
Canada * Bronze I 30 sec 6 sec
Caribbean * Bronze 30 sec 6 sec
US to International * Bronze 30 sec 6 sec
Conference Calling 0.14 60 Sec 60 See
Notes: 1 - Per Minute 2 - Per Call 3 - Per Minute Per Participant
* Rates are subject to change on 30 days notice via a bill message on customer's invoice.
* * Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and
directory listings. For the current features pricing, go to <http://paeteconline.com>.
USAGE Fee**
100 E BOYNTON BEACH BLVD, BOYNTON BEACH, FL, 33435,
Item
Conference Calling
Rate Iuitial Additional
Increment Increment
1.25 2 N/A N/A
0.03 6 sec 6 sec
0.03 6 sec 6 sec
0.03 I 6 sec 6 sec
Bronze I 30 sec 6 sec
Bronze I 30 sec 6 sec
Bronze 30 sec 6 sec
0.14 60 Sec 60 See
Page50f12
Directory Assistance *
Switched 1+- Domestic
Interstate
IntraLata
IntraState
Switched 1+ - International
Canada *
Caribbean *
US to International ·
QA-P-3030-00-LF13
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PAETEC
Quote# 227274
09/14/2009
Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant
* Rates are subject to change on 30 days notice via a bill message on customer's invoice.
.. Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and
directory listings. For the current features pricing, go to <http://paeteconline.com>.
USAGE Fee** 8020 JOG RD, BOYNTON BEACH, FL, 33435, US
Item Rate Initial Additional
Increment Increment
Directory Assistance * 1.25 N/A N/A
Switched 1+- Domestic
Interstate 0.03 6 sec 6 sec
IntraLata 0.03 I 6 sec 6 sec
IntraState 0.03 6 sec 6 sec
Switched 1+ - International
Canada * Bronze I 30 sec 6 sec
Caribbean * Bronze 30 see 6 sec
US to International * Bronze I 30 sec 6 sec
Conference Calling 0.14 60 Sec 60 See
Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant
* Rates are subject to change on 30 days notice via a bill message on customer's invoice.
* * Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and
directory listings. For the current features pricing, go to <http://paeteconline.com>.
USAGE Fee** 3501 N CONGRESS AVE, BOYNTON BEACH, FL, 33426, US
Item Rate Initial Additional
Increment Increment
Directory Assistance * 1.25 2 N/A N/A
Switched 1+- Domestic
Interstate 0.03 6 sec 6 sec
IntraLata 0.03 I 6 sec 6 sec
IntraState 0.03 I 6 sec 6 sec
Switched 1+ - International
Canada * Bronze I 30 sec 6 sec
Caribbean * Bronze 30 sec 6 sec
US to International * Bronze 30 sec 6 sec
Conference Calling 0.14 60 Sec 60 See
Notes: 1 - Per Minute 2 - Per Call 3 - Per Minute Per Participant
* Rates are subject to change on 30 days notice via a bill message on customer's invoice.
* * Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and
directory listings. For the current features pricing, go to <http://paeteconline.com>.
USAGE Fee**
1901 N SEACREST BLVD, BOYNTON BEACH, FL, 33435-2232, US
Item
Conference Calling
Rate Initial Additional
Increment Increment
1.25 2 N/A N/A
0.03 6 sec 6 sec
0.03 6 sec 6 sec
0.03 I 6 sec 6 sec
Bronze I 30 sec 6 sec
Bronze 30 sec 6 sec
Bronze 30 sec 6 sec
0.14 60 Sec 60 See
Page60f12
Directory Assistance *
Switched 1+- Domestic
Interstate
IntraLata
IntraState
Switched 1+ - International
Canada *
Caribbean ·
US to International *
QA-P-3030-00-LF13
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PAETEC
Quote# 227274
09/14/2009
Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant
* Rates are subject to change on 30 days notice via a bill message on customer's invoice.
.. Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and
directory listings. For the current features pricing, go to <http://paeteconline.com>.
USAGE Fee** 801 N CONGRESS AVE, BOYNTON BEACH, FL, 33426, US
Item Rate Initial Additional
Increment Increment
Directory Assistance * 1.25 N/A N/A
Switched 1+- Domestic
Interstate 0.03 6 sec 6 sec
IntraLata 0.03 I 6 sec 6 sec
IntraState 0.03 6 sec 6 sec
Switched 1+ - International
Canada * Bronze I 30 sec 6 sec
Caribbean * Bronze 30 see 6 sec
US to International * Bronze I 30 sec 6 sec
Conference Calling 0.14 60 Sec 60 See
Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant
* Rates are subject to change on 30 days notice via a bill message on customer's invoice.
* * Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and
directory listings. For the current features pricing, go to <http://paeteconline.com>.
USAGE Fee**
208 S SEACREST BLVD, BOYNTON BEACH, FL, 33435-4452, US
Item
Rate Initial Additional
Increment Increment
1.25 2 N/A N/A
0.03 6 sec 6 sec
0.03 I 6 sec 6 sec
0.03 I 6 sec 6 sec
Bronze I 30 sec 6 sec
Bronze 30 sec 6 sec
Bronze 30 sec 6 sec
0.14 60 Sec 60 See
Directory Assistance *
Switched 1+- Domestic
Interstate
IntraLata
IntraState
Switched 1+ - International
Canada *
Caribbean *
US to International *
Conference Calling
Notes: 1 - Per Minute 2 - Per Call 3 - Per Minute Per Participant
* Rates are subject to change on 30 days notice via a bill message on customer's invoice.
* * Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and
directory listings. For the current features pricing, go to <http://paeteconline.com>.
USAGE Fee**
3228 GUN CLUB RD, WEST PALM BEACH, FL, 33406, US
Item
Conference Calling
Rate Initial Additional
Increment Increment
1.25 2 N/A N/A
0.03 6 sec 6 sec
0.03 6 sec 6 sec
0.03 I 6 sec 6 sec
Bronze I 30 sec 6 sec
Bronze 30 sec 6 sec
Bronze 30 sec 6 sec
0.14 60 Sec 60 See
Page70f12
Directory Assistance *
Switched 1+- Domestic
Interstate
IntraLata
IntraState
Switched 1+ - International
Canada *
Caribbean ·
US to International *
QA-P-3030-00-LF13
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PAETEC
Quote# 227274
09/14/2009
Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant
* Rates are subject to change on 30 days notice via a bill message on customer's invoice.
.. Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and
directory listings. For the current features pricing, go to <http://paeteconline.com>.
USAGE Fee** 101 S CONGRESS AVE, BOYNTON BEACH, FL, 33426, US
Item Rate Initial Additional
Increment Increment
Directory Assistance * 1.25 2 N/A N/A
Switched 1+- Domestic
Interstate 0.03 I 6 sec 6 sec
IntraLata 0.03 I 6 sec 6 sec
IntraState 0.03 I 6 sec 6 sec
Switched 1+ - International
Canada * Bronze I 30 sec 6 sec
Caribbean * Bronze I 30 see 6 sec
US to International * Bronze I 30 sec 6 sec
Conference Calling 0.14 3 60 Sec 60 See
Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant
* Rates are subject to change on 30 days notice via a bill message on customer's invoice.
* * Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and
directory listings. For the current features pricing, go to <http://paeteconline.com>.
USAGE Fee** 100 E BOYNTON BEACH BLVD, BOYNTON BEACH, FL, 33435,
Item Rate Initial Additional
Increment Increment
Directory Assistance · 1.25 2 N/A N/A
Switched 1+ - Domestic
Interstate 0.03 6 sec 6 sec
IntraLata 0.03 6 sec 6 sec
IntraState 0.03 I 6 sec 6 sec
Switched 1+ - International
Canada * Bronze I 30 sec 6 sec
Caribbean * Bronze 30 sec 6 sec
US to International · Bronze 30 sec 6 sec
Conference Calling 0.14 3 60 Sec 60 See
Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant
* Rates are subject to change on 30 days notice via a bill message on customer's invoice.
* * Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and
directory listings. For the current features pricing, go to <http://paeteconline.com>.
USAGE Fee.. 111 N CONGRESS AVE, BOYNTON BEACH, FL, 33426, US
Item Rate Iuitial Additional
Increment Increment
Directory Assistance * 1.25 2 N/A N/A
Switched 1+- Domestic
Interstate 0.03 6 sec 6 sec
IntraLata 0.03 6 sec 6 sec
IntraState 0.03 I 6 sec 6 sec
Switched 1+ - International
Canada * Bronze I 30 sec 6 sec
Caribbean * Bronze I 30 sec 6 sec
US to International · Bronze I 30 sec 6 sec
Conference Calling 0.14 3 60 Sec 60 See
QA-P-3030-00-LF13 Page 8 of12
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PAETEC
Quote# 227274
09/14/2009
Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant
* Rates are subject to change on 30 days notice via a bill message on customer's invoice.
.. Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and
directory listings. For the current features pricing, go to <http://paeteconline.com>.
USAGE Fee** 2010 N FEDERAL HWY, BOYNTON BEACH, FL, 33435, US
Item Rate Initial Additional
Increment Increment
Directory Assistance * 1.25 N/A N/A
Switched 1+- Domestic
Interstate 0.03 6 sec 6 sec
IntraLata 0.03 I 6 sec 6 sec
IntraState 0.03 6 sec 6 sec
Switched 1+ - International
Canada * Bronze I 30 sec 6 sec
Caribbean * Bronze 30 see 6 sec
US to International * Bronze I 30 sec 6 sec
Conference Calling 0.14 60 Sec 60 See
Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant
* Rates are subject to change on 30 days notice via a bill message on customer's invoice.
* * Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and
directory listings. For the current features pricing, go to <http://paeteconline.com>.
USAGE Fee**
100 E BOYNTON BEACH BLVD, BOYNTON BEACH, FL, 33435,
Item
Rate Initial Additional
Increment Increment
1.25 2 N/A N/A
0.03 6 sec 6 sec
0.03 6 sec 6 sec
0.03 I 6 sec 6 sec
Bronze I 30 sec 6 sec
Bronze 30 sec 6 sec
Bronze 30 sec 6 sec
0.14 60 Sec 60 See
Directory Assistance ·
Switched 1+ - Domestic
Interstate
IntraLata
IntraState
Switched 1+ - International
Canada *
Caribbean *
US to International ·
Conference Calling
Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant
* Rates are subject to change on 30 days notice via a bill message on customer's invoice.
* * Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and
directory listings. For the current features pricing, go to <http://paeteconline.com>.
USAGE Fee..
311 NW 12TH AVE, BOYNTON BEACH, FL, 33435, US
Item
Conference Calling
Rate Iuitial Additional
Increment Increment
1.25 2 N/A N/A
0.03 6 sec 6 sec
0.03 6 sec 6 sec
0.03 I 6 sec 6 sec
Bronze I 30 sec 6 sec
Bronze I 30 sec 6 sec
Bronze 30 sec 6 sec
0.14 60 Sec 60 See
Page90f12
Directory Assistance *
Switched 1+- Domestic
Interstate
IntraLata
IntraState
Switched 1+ - International
Canada *
Caribbean *
US to International ·
QA-P-3030-00-LF13
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PAETEC
Quote# 227274
09/14/2009
Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant
* Rates are subject to change on 30 days notice via a bill message on customer's invoice.
.. Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and
directory listings. For the current features pricing, go to <http://paeteconline.com>.
USAGE Fee** 1021 S FEDERAL HWY, BOYNTON BEACH, FL, 33435, US
Item Rate Initial Additional
Increment Increment
Directory Assistance * 1.25 N/A N/A
Switched 1+- Domestic
Interstate 0.03 6 sec 6 sec
IntraLata 0.03 I 6 sec 6 sec
IntraState 0.03 6 sec 6 sec
Switched 1+ - International
Canada * Bronze I 30 sec 6 sec
Caribbean * Bronze 30 see 6 sec
US to International * Bronze I 30 sec 6 sec
Conference Calling 0.14 60 Sec 60 See
Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant
* Rates are subject to change on 30 days notice via a bill message on customer's invoice.
* * Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and
directory listings. For the current features pricing, go to <http://paeteconline.com>.
USAGE Fee** 3111 S CONGRESS AVE, BOYNTON BEACH, FL, 33426, US
Item Rate Initial Additional
Increment Increment
Directory Assistance * 1.25 2 N/A N/A
Switched 1+- Domestic
Interstate 0.03 6 sec 6 sec
IntraLata 0.03 I 6 sec 6 sec
IntraState 0.03 I 6 sec 6 sec
Switched 1+ - International
Canada * Bronze I 30 sec 6 sec
Caribbean * Bronze 30 sec 6 sec
US to International * Bronze 30 sec 6 sec
Conference Calling 0.14 60 Sec 60 See
Notes: 1 - Per Minute 2 - Per Call 3 - Per Minute Per Participant
* Rates are subject to change on 30 days notice via a bill message on customer's invoice.
* * Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and
directory listings. For the current features pricing, go to <http://paeteconline.com>.
USAGE Fee**
129 E OCEAN AVE, BOYNTON BEACH, FL, 33435, US
Item
Conference Calling
Rate Initial Additional
Increment Increment
1.25 2 N/A N/A
0.03 6 sec 6 sec
0.03 6 sec 6 sec
0.03 I 6 sec 6 sec
Bronze I 30 sec 6 sec
Bronze 30 sec 6 sec
Bronze 30 sec 6 sec
0.14 60 Sec 60 See
Page 10 of 12
Directory Assistance *
Switched 1+- Domestic
Interstate
IntraLata
IntraState
Switched 1+ - International
Canada *
Caribbean ·
US to International *
QA-P-3030-00-LF13
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PAETEC
Quote# 227274
Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant
* Rates are subject to change on 30 days notice via a bill message on customer's invoice.
.. Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and
directory listings. For the current features pricing, go to <http://paeteconline.com>.
QA-P-3030-00-LF13
Page 11 of12
-111-
09/14/2009
PAETEC
Quote# 227274
09/14/2009
Customer Name
CTTY OF BOYNTON BEACH
CUSTOMER EXPENSE REIMBURSEMENT SCHEDULE
Tn addition to the other terms and conditions contained in the Service Agreement ("Agreement") between PAETEC
and Customer, to which this Schedule is a part, the following terms and conditions apply with respect to certain credits
offered to Customer for certain "Customer Expenses," (including, but not limited to, equipment, software, and consulting
services) in consideration of the specific term and purchase commitments made by Customer to PAETEC in the Agreement.
A. THIS SCHEDULE DOES NOT APPLY IF CUSTOMER HAS A THIRD PARTY LEASE THROUGH CIT OR AEL
WHICH IS BILLED AND COLLECTED THROUGH THE PAETEC SOFTWARE FOR SERVICES OR EQUIPMENT
FOR SERVICES PROGRAM. IN SUCH EVENT CUSTOMER MUST SIGN THE APPLICABLE THIRD PARTY
LEASE SPECIAL TERMS AND MUST COMPLETE THE APPLICABLE CIT AND/OR AEL LEASE AGREEMENT.
IN ADDITION, THIS SCHEDULE DOES NOT APPLY IF THE CREDIT IS IN CONNECTION WITH THE
PURCHASE OF THE PINNACLE SOFTWARE THROUGH P AETEC SOFTWARE CORP.
B, Customer Expenses - In the event that Customer has either purchased or directly leased (other than through the PAETEC
Software for Services or Equipment for Services programs) certain equipment or software to facilitate the use of the
P AETEC Services purchased under the Agreement or made other pertinent expenditures, P AETEC may agree to
reimburse Customer for a portion of the actual costs ofsuch expense as follows:
1. List expenses covered by the Credit: (the "Customer Expense")
General Expense Description
Purpose
Vendor
2, Customer Expense reimbursement shall be paid in the form of a credit on Customer's invoice for the PAETEC
Services. The amount and duration of the credit shall be as specified in the Rate Schedule to the Agreement.
3, In order to be eligible for the reimbursement, Customer must provide PAETEC with a copy of its paid mVOlce for the
Customer Expense within ninety (90) days ofthe commencement of the Term.
4. P AETEC makes no representation or warranties regarding any Customer Expense and shall have no liability for any
damages incurred by Customer as a result of the Customer Expense. In the event P AETEC, or any of its subsidiaries
is the vendor of the Customer Expense, nothing herein shall void any terms or conditions of any purchase agreement
between Customer and P AETEC or any P AETEC subsidiary.
C. To remain eligible for the Customer Expense credit, Customer must remain in compliance with all the terms and
conditions of the Agreement (including without limitation Customer's billing and payment and mmllnum fee
obligations). Furthermore, if the Agreement is cancelled prior to the expiration of the applicable term, regardless of the
reason for the cancellation, PAETEC's obligations to Customer for any Customer Expense reimbursement shall
immediately cease.
Accepted bv Customer
Authorized by P AETEC:
Signature:
Signature:
Print Name:
Print Name:
Title:
Title:
Date:
Date:
QA-P-3030-00-LF13
Page 120f12
- 112 -
...~----="~
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P,O. BOX 310.
BOYNTON BEACH, FLOAIOA 33426.0310
P.O. II: 1002ea
DATE: 10/01/0;'
VENDOR 8456
TO: :?AETEC
600 WILLOWBROOK OFFICE PK
FAIRPO&T, NY 14450
SHIP TO:
City ot Boynton 8eQch
ITS DEPARTMENT
100 E BOYNTON BEACH BLVO
BOYNTON BEACH. FL 33435
REQUISITION NO.
OADEA~NO DEPARTMENT: ITS/C. MCOEA,VlTT
BID NO: I COMMISSION APPflOVED:
INuul~I~:'; fl~[JI\HlJ NG
~~III('HA~;t OHll[f\ CAll
1'O"H74? \;JI(I
DATE NEEDED:
LINEIt
QUANTITY UOM ITEM NO. AND DESCRIPTION
LONG OtSTANC~ SERVICE
UNIT COST
EXTENDED
COST
EFFECTIVE DATE: 10/01/09
EXPIRATION DATE: 10/15/10
NOT TO EXCEED: 20000.00
REMARKS;
BLANKET PURCHASE ORD8~
Commission Approved 01-03.06 (Five Year Contr~ct)
,. ;
. .
. -.
PROCUREMENT SERVICES: I
I P,O, TOTAL:
ACCOUNT NO.
PROJECT
DDf~/S-(D-Sl3-L(f~ It)
RECEIVING
- 113 -
Page I on
Koch, Phyllis
From: Swanson, Lynn
Sent: Tuesday, December 01, 2009 1 :39 PM
To: Koch, Phyllis
Cc: McNally, John; Atwood, Barry
Subject: FW: Renewal Agreement - City of Boynton Beach - Long Distance Charges
Attachments: image003jpg
Lynn ,')v.I(mson
Paralegal
City of Boynton Beach
J 00 E. Boynton Beach Blvd
Boynton Beach, FL 33425
(56]) 742-6053
(561) 742-6054 - Fax
Sw~nBonL@bbfl.us
From: Jamlla Alexander [mailto:JAlexander@cityatty.com]
Sent: Tuesday, December 01,20091:36 PM
To: Swanson, Lynn
Subject: RE: Renewal Agreement - City of Boynton Be<lc;h - Long Ois~nce Ch<lrges
Reviewed and Agreement is acceptable.
Jam.i(a \I. A(exanaer
Attorney at Law
Goren, Cherof, Doody & Ezrol, P.A.
3099 E_ Commercial Blvd., Suite 200
Ft. Lauderdale, FL 33308
(954) 771-4500 fax: (954) 771-4923
Palm Beach County: (561) 276-9400
email: jalexander@cityatty.com
website: 'NWW_cityattycom
Disclaimer: This 1..:-.\1l1il is cov~red by rhe Eleclron'" ('(In,mLln;<:,,!io,,s I'r;v<,cy Ace 18 U.S.c. ~~ 2510-2521 <l11(j is k!,illly
privikgeu. Th<: ;nl()]'],:ation contained in this I..:-Mail is ;111elld~d only I'or L"e ol'the inuiviuLl,d Or ~nlily nl1med abo~'... IfTh~
t'~ader of this message is Ilollhc inlelLd.:d r~cipi~nt. or th~ eL1lploy~~ or agent respunsible rOr dclivcL'ing 1110 th~ inTl.'l1ded
recipient, you ar.. h~reby nmi Il~d that any dissem inalion. distribution. or copying of this <:OL1l III un ie"tiOn is slJ'ictly
pt-ohibited. Ifyoll rec..ive this E-Mail in error. plcasc notify th~ sender illl111ediat~ly ;ltl.h<: phon<: TIUrnbt'l' l1bOlle 11lld dcleT~
the inl'orllLdlion lI'om :your compUTer. l'lea,~ (10 nOI copy or use it rur any purpos~ nor disclo~~ ib contents tu any ulh!.::'
persoll ,
from: Swanson, Lynn [mailto:SwansonL@bbfl.us]
12/2/2009
- 114 -
Page 2of3
Sent: Monday, November 30,20097;30 AM
To: Jamila Alexander
Subject: FW: Renewal Agreement - City of Boynton Beach - Long Distance Charges
Please review and advise.
Lynn Swanson
Paralr.;gal
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, 1"1. 33425
(561) 742-6053
(561) 742-6054 - Fax
S"1'(lnsonL@bbjl.us
From: Koch, Phyllis
Sent: Wednesday, November 25, 2009 3:56 PM
To: Swanson, Lynn
Cc: McNally, John; Atwood, Barry
Subject: FIN: Renewal Agreement - City of Boynton Beach - Long Distance Charges
We have the opportunity to decrease our long distance bills without all of the work that would be involved in
changing carriers. The contract is attached.
P~tlri A:oek
Information Technology Services Director II r;l
City of Boynton Beach l..:J
kochp@bbfl.US
561-742-6071 (Office)
Florida has a vel)' broad public records law. Most written communication to
Of from local officials regarding City business are public reCOrds available 10
the public and media upon request. Your e-mail oommunict;llion may.
therefore. be subjecrlo public disclosure.
From: Sherry Bellomo [mailto:sbellomo@s2kconsulting.com]
Sent: Wednesday, September 16, 2009 11:25 AM
To: Atwood, Barry; Koch, Phyllis
Subject: FIN: Renevval Agreement. City of Boynton Be...ch - Long Distance Charges
Barry & Phyllis, I have worked with Payeee to get you into a better LD rate plan. Your plan
waS outdated and costly. Phil from Pay tee has been very cooperative and has come back with
excellent rates for you. I did also check with ATT but 1 believe that Paytec is the way to go for you,
You will be able to save approximately $7K annually on your long distance. If you will look at page
3 of the quote I also got them to give you a $200 credit as a courtesy.
IfyOtt want to go with this plan we will move all the miscellaneous lines you are using, that have
12/2/2009
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Page J of J
Sprint as the Carrier, over to Pay tee. Phil will handle these orders and there is no cost to change
them to Paytec. This will eliminate your periodic Sprint LD bills.
Please let me know if you have any questions and/or copy me on this agreement when you send it
to Phil so [ can follow up with him to ensure all is handled properly. Thanks so much and we'll
talk soon.
Sherry
From: Baker, Philrp [mailto:Philip.Baker@PAETEC.com]
Sent: Tuesday, September is, 2009 5:14 PM
To: Sherry Bellomo
Subject: Renewal Agreement - City of Boynton Beach
Hi Sherry,
Attached is the renewal agreement for the City of Boynton Beach. The savings is $391.40 on monthly fixed
costs. There is also an estimated $200 of savings with long distance usage. The following infOnTIation shows the
difference in long distance rates:
Current Rates:
Dedicated Interstate - .055
Dedicated Intrastate - .06
Switched Interstate - .OS
Switched Intrastate - ,10
Switched Intra Lata - .10
NewBates:
Dedicated I nter!>tate - .015
Dedicated Intrastate - .025
Switched Interstate - .03
Switched Intrastate - ,03
Switched Intra Lata - .03
We look forward to continuing our partnership with the City of Boynton Beach. Please let me know if you have
any questions. Thank you for your business.
Sincerely,
Philip Baker
PAETEC
Senior Account Manager
561-472-6586 Office
561-317 -9766 Cell
561-472-0101 Fax
877-340-2555 Repair NOC
ph i lip. baker@paetec.com
Visit PAETEC.COM
W>NW.paelec.com
"The finest compliment I can receive is a referral from a trusted client:'
12/2/2009
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6. E
CONSENT AGENDA
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF i:8J CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10-004 - Approve an
agreement with Federal Property Registration Corporation for the administration of the City's Abandoned
Personal and Real Property Ordinance 09-040 including the proactive notification to all mortgagees
requiring their registration of vacant properties within the City's jurisdiction.
EXPLANATION OF REQUEST: This agreement provides for the administration of the City's
Abandoned Personal and Real Property Ordinance 09-040 formally adopted on September 14,
2009. The primary benefit of this agreement is the proactive notification to all mortgagees
requiring their registration of vacant properties within our jurisdiction and providing the City the
required data to assist the City in the management of these properties. (See Exhibit "A").
How will this affect city programs or services? This program will reduce time spent by staff
trying to contact various lenders in an attempt to get them to register their property and comply
with our codes. It will also reduce time spent compiling and updating property registration
data.
FISCAL IMPACT: Reduced staff costs and $75.00 per property registration fee revenue to the
City.
ALTERNATIVES: Staff would continue to enforce Ordinance 09-040 and manage the data
internally.
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RESOLUTION RIO-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE CITY MANAGER AND CITY CLERK TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
FEDERAL PROPERTY REGISTRATION CORP., FOR THE
ADMINISTRATION OF THE CITY'S ABANDONED PERSONAL
AND REAL PROPERTY ORDINANCE 09-040; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, due to an overwhelming number of mortgage foreclosures on residential and
commercial properties that are in violation of the City's Code of ordinances, the care of neglected lawns
and exterior maintenance of structures is becoming a health and welfare issue in the City of Boynton
Beach; and
WHEREAS, the attached Agreement will reduce time spent by staff contacting various lenders
in an attempt to get them to register their property and comply with the City's Codes; and
WHEREAS, upon recommendation of staff, the City Commission has determined that it is in
the best interests of the residents of the City to approve and authorize the City Manager to execute an
Agreement between the City of Boynton Beach and Federal Property Registration Corporation for the
administration of the City's Abandoned Personal and Real Property Ordinance 09-040.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve
and authorize and direct the City Manager and City Clerk to execute an Agreement between the City of
Boynton Beach and Federal Property Registration Corporation for the administration of the City's
Abandoned Personal and Real Property Ordinance 09-040, a copy of which is attached hereto as Exhibit
"A".
Section 3.
This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this _ day of January, 2010.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
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Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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E><nibit't,4"
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
FEDERAL PROPERTY REGISTRATION CORP.
This Agreement is made as of this _ day of
. 2009 by and between
Federal Property Registration Corp, a Florida Corporation, with offices at 6767 N.
Wickham Rd., Suite 400, Melbourne, FL 32940 ("FPRC"), and the City of Boynton
Beach, a Florida municipal corporation, with an address at 1 00 East Boynton Beach
Boulevard, Boynton Beach, FL 33435 (the "City").
WITNESSETH:
WHEREAS, because of an overwhelming number of mortgage foreclosures on
residential and commercial properties that are in violation of the City of Boynton Beach
Code of Ordinances, the care of neglected lawns and exterior maintenance of structures is
becoming a health and welfare issue in the City of Boynton Beach; and,
WHEREAS, in order to promptly and efficiently address the issues related to the
maintenance of foreclosed residential and commercial properties; the City Commission
adopted Ordinance 09-040, the City's Property Registration Ordinance (the
"Ordinance"); and
WHEREAS, pursuant to the Ordinance the City desires to enter into this
Agreement with FPRC in order to provide services authorized pursuant to Ordinance 09-
040, to register vacant, abandoned, and foreclosed properties so that the City can properly
address violations of the City's property maintenance codes (hereinafter "foreclosed
property").
WHEREAS, FPRC will also provide an electronic registration process that is
cost-free and revenue-generating for the City.
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NOW THEREFORE, in consideration of the mutual covenants contained herein,
and for other valuable consideration received, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1. FPRC RESPONSffiILITIES
A. FPRC will cite the City's ordinance to mortgagees and proactively contact
those that file a public notice of default, lis pendens, foreclosure action, and or
take title to real property via foreclosure or other any legal means. FPRC will
electronically provide for registration of foreclosed properties in violation of
applicable City ordinances.
B. FPRC will pay for all expenses related to registration of all foreclosed
property, and all administrative costs and fees related thereto. FPRC will
investigate, report, or take corrective measures monthly to update property status
of all foreclosed property electronically registered and in compliance with the
relevant City ordinances.
C. FPRC will charge a fee of One Hundred Fifty Dollars ($150.00) per
applicant to register all mortgagees who comply with Ordinance ("Registration
Fee'). FPRC shall remit fifty percent (50%) of the Registration Fee to the City in
consideration of the services provided. FPRC shall forward payment of the City's
portion of the registration fee to the City's Finance Department no later than the
5th day of the month during the tenn of this Agreement.
D. FPRC agrees to provide a website for the registration of each foreclosed
property in order to enable compliance with the City's ordinances. The wcbsite
will direct registrants to the City's website, and further direct traffic, via a
'1
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hyperlink, to www.Vm:antRegistry.com.
The website found at
\VWW.VacantRegistry.com will automatically allow lenders and/or responsible
parties to comply with the City's Codes.
E. FPRC, will execute the City's website Link agreement and meet all City
IT security, and anti-viral requirements.
2. Indemnification:
A. FPRC shall indenmify and save harmless and defend the City, its trustees,
elected and appointed officials, agents, servants and employees from and against
any claim, demand or cause of action of whatsoever kind or nature arising out of
error, omission, or negligent act of FPRC, its agents, servants or employees in the
performance of its obligations pursuant to this Agreement, for all costs, losses and
expenses, including but not limited to, damages to persons or property,
judgments, reasonable attorney's fees, paralegal expenses, and court costs at both
the trial and appellate levels arising out of or in connection with the operations
permitted under this Agreement.
B. The parties recognize that various provisions of this Agreement, including
but not necessarily limited to this Section, provide for indemnification by FPRC
and requires a specific consideration be given therefor. The parties therefore
agree that the sum ofTen Dollars and 00/100 ($10,00), receipt of which is hereby
acknowledged, is the specific consideration for such indemnities, and the
providing of such indemnities is deemed to be part of the specifications with
respect to the services to be provided by FPRC. Furthermore, the parties
understand and agree that the covenants and represent.a1ions relating to this
~
- 122 -
indemnification provision shall serve the term of this Agreement and continue in
full force and effect as to the party's responsibility to indemnify. FPRC will
indemnifY and hold City hannless for any negligent acts of FPRC or for any
violation of any intellectual property taws, contracts or statutes.
3. TERM. This Agreement will terminate one (I) year from the date it is executed
by the City. In addition, the parties may agree to renew this Agreement for an additional
one (1) year term through the execution of a written amendment to this Agreement signed
by both parties.
4. ffiRMINATION. This Agreement may be terminated by either Party with or
without cause, immediately upon thirty (30) calendar days written notice. Upon
tennination by City, FPRC shall cease all work performed hereunder and fOfW'ard to City
any Registration Fees owed to the City.
5. CONTRACT DOCUMENTS: The following list of documents which are
attached hereto as exhibits to this Agreement shall be incorporated into this Agreement,
as if fully set forth herein by reference:
A. Request for Quotation for Administrator of Records for
AbandonedIForeclosedNacant Properties - Quote #007-2120-
10/CJD;
B. Response to Request for Quotation submitted by FPRC dated
October 9, 2009;
C. City Ordinance 09-040, dated September 14, 2009;
6. INSURANCE. FPRC shall provide and maintain in force at all times during the
Agreement with the City, such insurance, including Workers' Compensation and
Employer's Liability Insurance, Comprehensive General Liability Insurance, Automobile
Liability Insurance and Errors and Omissions Insurance as will assure to CITY OF
/I
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BOYNTON BEACH the protection contained in the foregoing indemnification
Wldertaken by FPRC.
A. Workers' Compensation Statutory limits with $100,000 Employers
Liabilit~,.
B. Commercial General Liability Insurance with limits of no less than
$1,000,000.00. Bodily injury shall include operations and premises
liability, products and completed operations, O\'mers, and contractors
protective liability and personal injury liability.
C. Business Auto Liability coverage is to include bodily injury and property
damage arising out of operation, maintenance or use of any auto, including
o\'med, non-owned and hired automobiles and employee non-o\'mership
with limits of not less than $1,000,000.00 per occurrence.
D. Errors and Omissions Insurance limits of liability provided by such policy
shall be no less than $1,000,000.00 to assure City the indemnification
specified herein.
E. A Certificate of Insurance acceptable to the City shall be provided listing
the above coverages and providing 30 days prior written notice to the City
in the case of cancellation. The City shall be named as an additional
insured and a certificate holder on the Commercial, General, Automobile,
and Professional. Liability Policies with a waiver of subrogation on the
Workers' CompensationlEmployer's Liability Policy. A copy of the
certificate shall be mailed to the City's Risk Management Department at
the time FPRC executes this Agreement.
7. OWNERSHIP AND USE OF DOCUMENTS_ All documents, records,
applications, files and other materials produced by FPRC in connection with the services
rendered pursuant to this Agreement shall be the property of the City, and shall be
provided to City upon request. FPRC shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in
connection with FPRC' s endeavors. In the event of termination of this Agreement, any
reports, records, documents, forms, and other data and documents prepared by FPRC
whether fInished or WlfInished shall become the property of the City, and shall be
"
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delivered by FPRC to the City Manager within seven (7) days of termination of this
Agreement by either party. Any compensation due to FPRC shall be withheld until all
documenlo; are received as provided herein.
8. AUDIT AND JNSPECTION RIGHTS AND RETENTION OF RECORDS.
A. City shall have the right to audit the books, records and accounts of FPRC
that are related to this Agreement. FPRC shall keep such book, records, and
accounts as may be necessary in order to record complete and correct entries
related to this Agreement. FPRC shall preserve and make available, at reasonable
times for examination and audit by the City, all fInancial records, supporting
documents, statistical records, and any other documents pertinent to his
Agreement for the required retention period of the Florida Public Records Act
(Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act
is not applicable, for a minimum period of three (3) years after termination of this
Agreement, unless FPRC is notifIed in writing by the City of the need to extend
the retention period. Such retention of such records and documents shall be at
FPRC's expense. If an audit has been initiated and audit findings have not been
resolved at the end of the retention period or three (3) years, whichever is longer,
the books, records, and accounts shall be retained until resolution of the audit
[mdings. If the Florida Public Records Act is determined by the City to be
applicable to FPRC's records, FPRC shall comply with all requirements thereof;
however, no confidentiality or non-disclosure requirement of either fedem! or
state law shall be violated by FPRC. Any incomplete or incorrect entry in such
h
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books, records, and accounts shall be a basis for City's disallowance and recovery
of any payment upon such entry.
B. In addition, FPRC shall respond to the reasonable inquiries of any
successor companies and allow and successor companies to receive working
papers relating to matters of continuing significance. In addition, FPRC shall
provide a complete copy of all documents papers to the City, prior to any :final
payment, in accordance with this Agreement.
9. INDEPENDENT CONlRACTOR. This Agreement does not create an
employee/employer relationship between the parties. It is the intent of the parties that
FPRC is an independent contractor under this Agreement and not the City's employee for
all purposes, including but not limited to, the application of the Fair Labor Standards Act
minimwn wage and overtime payments, Federal Insurance Contribution Act, the Social
Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue
Code, the State Workers Compensation Act, and the State unemployment insurance law.
FPRC shall retain sole and absolute discretion in the judgment of the manner and means
of carrying out FPRC's activities and responsibilities hereunder. FPRC agrees that it is a
separate and independent enterprise from the City, that it hall full opportunity to find
other business, that it make its own investment in its business, and that it will utilize a
high level of skill necessary to perform the work. This Agreement shall not be construed
as creating any joint employment relationship between FPRC and the City and the City
will not be liable for any obligation incurred by FPRC, including but not limited to
unpaid minimum wages and/or overtime premiums.
'7
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10. NOTICES. Whenever any party desires to give notice unto any other party, it
must be given by ~tten notice, sent by registered United States mail, with return receipt
requested, hand delivery or facsimile transmission with receipt of delivery, addressed to
the party for whom it is intended and the remaining party, at the places last specified, and
the places for giving of notice shall remain such until they shall have been changed by
~tten notice in compliance with the provisions of this section. Noticc shall be deemed
to have been given upon receipt. For the present, FPRC and the City designate the
following as the respective places for giving of notice:
CITY:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Attention: City Manager
Copy To:
James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone No. (954) 771-4500
Facsimile No. (954) 771-4923
FPRC:
Rodney R. Brace, President
Federal Property Registration Corp.
6767 N. Wickham Road, Suite 400
Melbourne, FL 32940
Telephone No. (321) 421-6639
Facsimile No. (321)
1 L ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned,
transferred or otherwise encumbered, under any circumstances, by FPRC without the
prior ~tten consent of City. For purposes of this Agreement, any change of ownership
of FPRC shall constitute an assignment which requires City approval. However, this
Agreement shall nul to the City and its successors and assigns.
\1
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12. AMENDMENTS. It is further agreed that no modification, amendment or
alteration in the terms or conditions contained herein shall be effective unless contained
in a written document executed with the same formality and of equal dignity herewith.
13. CONTINGENT FEES. The parties acknowledge that Geoffrey B. Sluggett
and Associates, Inc., Relationship Manager, Independent Contractor and Consultant of
FPRC will receive a fee or a commission, to be paid by FPRC, as a result of the parties
executing this Agreement. Geoffrey B. Sluggett and Associates, Inc. is not a full-time
employee of FPRC and performs services for others.
14. BINDING AUTIIORlTY. Each person signing this Agreement on behalf of
either party individually warrants that he or she has full legal power to execute this
Agreement on behalf of the party for whom he or she is signing, and to bind and obligate
such party with respect to all provisions contained in this Agreement.
15. LAWS AND ORDINANCES. FPRC shall observe all laws and ordinances of the
City, county, state, federal or other public agencies directly relating to the operations
being conducted pursuant to this Agreement.
16. EQUAL EMPLOYMENT OPPORTIJNITY. In the performance of this
Agreement, FPRC shall not discriminate against any firm, employee or applicant for
employment or any other firm or individual in providing services because of sex, age,
race, color, religion, ancestry or national origin.
17. WAIVER. Any failure by City to require strict compliance with any provision
of this Agreement shall not be construed as a waiver of such provision, and City may
subsequently require strict compliance at any time, notwithstanding any prior failure to
do so.
o
- 128 -
18. SEVERABILITY. If any provision of this Agreement or application thereof to
any person or situation shall to any extent, be held invalid or unenforceable, the
remainder of this Agreement, and the application of such provisions to persons or
situations other than those as to which it shall have been held invalid or unenforceable
shall not be affected thereby, and shall continue in full force and effect, and be enforced
to the fullest extent pennitted by law,
19. GOVERNING LAW. This Agreement shall be governed by the laws of the State
of Florida with venue lying in Palm Beach County, Florida.
20. ATTORNEY'S FEES AND COSTS. In the event of a dispute arising out of this
Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees,
paralegal expenses, and costs, including fees and costs incurred at all pretrial, trial and
appellate levels.
21. ENTIRE AGREEMENT. This Agreement represents the entire and integrated
agreement between the CITY and the FPRC and supersedes aU prior negotiations,
representations or agreements, either written or oral.
IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals
the day and year first above written.
CITY OF BOYNTON BEACH
Attest:
By:
Kurt Bressner, City Manager
City Clerk
_ day of
, ~ (date)
APPROVED AS TO FORM:
By
City Attorney
HI
- 129 -
Attp: W~
FEDERAL PROPERTY REGISTRATION
CORP. d~/
By: /~~~
Rodney R. Brace, Presiden~_____
Print Name: C.....,.he, 'vJc.\\::.(.....
Title: ~(<;o"...\ ~(.(
Date:
(SEAL)
STATE OF FLORIDA
COUNTY OF S-r.::T ~ ()
)
) SS
)
BEFORE ME, an officer duly autlJpriYld by law..to administer oaths and take
acknowledgments, personally appeared ~-Y ~. fi11l~ of Federal
Property Registration Corp. who is personally known to me or has produced
fL 7). '-'terl.Se.... as identification, and acknowledged execution
of the foregoing Agreement as the proper official of Federal Property Registration Corp.
of for the use and purposes mentioned in it and that the instrument is the act and deed of
the Corporation.
TN WITNESS OF
in the ;ze and
~u ",..-
THE FOREGOING, I have set my hand and official seal at
County af""",;d 00 =.. ~ day of
,2009. ~~
NOTARY PUBLIC
My Commission Expires:
DNT:dnt
H:\1990\900I 82.BBIAGM1\AGREEMENTS 2009\FPRC (Abandoned Prop Registration)REV2.doc
f~
DIANA <iONZlLEZ
Notary Public. State 01 florida
comml88lonl DDll88610
My oomm. .... May 05, 2011
11
- 130 -
6. F
CONSENT AGENDA
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF i:8J CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10-005 -Approve a
Railroad Reimbursement Agreement with the Florida Department of Transportation authorizing grade
crossing signal improvements on the FEC rail line on Martin Luther King, Jr. Blvd.lNE 10th Avenue.
EXPLANATION OF REQUEST: The Florida Department of Transportation has plans to replace the
grade crossing warning devices (lights and gates) on the FEC rail line at Martin Luther King, Jr.
Blvd.lNE 10th Avenue. This work will involve all new lights and gates and will also include pre-
emption with the traffic signal at the highway intersection of Federal Highway and Martin
Luther King Jr. Blvd.lNE 10th Avenue. Pre-emption will ensure proper coordination between
these two adjacent signals.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? NA
FISCAL IMPACT: This agreement is in standard format and, as such, requires the City of
Boynton Beach to agree to pay 50% of the signal maintenance costs. The remaining 50% of
signal maintenance expense will be borne by the FEC. The estimated City cost exposure is
$1,573 (50% of $3,146 for a Type III signal).
ALTERNATIVES: Close the grade crossing.
-131-
RESOLUTION RIO-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A RAILROAD REIMBURSEMENT AGREEMENT FOR THE
INSTALLATION OF GRADE CROSSING TRAFFIC CONTROL DEVICES,
AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID DEVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or
otherwise changing a portion of the Public Road System on Northeast lOth/MLK Avenue which shall
call for the installation and maintenance of railroad grade crossing traffic control devices for railroad
grade crossing over or near said highway; and
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff,
deems it to be in the best interest of the citizens of the City of Boynton Beach to award and authorize
execution of a Railroad Reimbursement Agreement for the installation of grade crossing traffic control
devices and future maintenance and adjustment of said devices.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida does hereby
authorize the execution of a Railroad Reimbursement Agreement with the State of Florida Department
of Transportation and the Florida East Coast Railway, LLC., for the installation and maintenance of
certain grade crossing traffic control devices designated as Financial Number 42575215701 on
Northeast lOth/MLK Avenue which crosses the right of way and tracks of the Florida East Coast
Railway, LLC., at FDOT/AAR Crossing No. 272478-M located near Boynton Beach, Florida. A copy
of said Agreement is attached hereto as Exhibit "A".
Section 3.
That the City of Boynton Beach assumes its share of the costs for future
- 132 -
maintenance and adjustment of said grade crossing traffic control devices as designated in the Railroad
Reimbursement Agreement.
Section 4.
That the Mayor and City Clerk are authorized to enter into such Agreements with
the State of Florida Department of Transportation and the Florida East Coast Railway, LLC., as herein
described.
Section 5.
That this Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this _ day of
,2010.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
ATTEST:
Commissioner - Marlene Ross
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
- 133 -
Florida Department of Transportation
CHARLiE CRIST
GOVERNOR
3400 West Commercial Boulcvcrd
Fort Lauderdale, FL 33309-3421
STKI'HANIF C. KOI'ELOUSOS
SECRETARY
December 3,2009
Mr. Jeffery Livergood
Dir Public Works and Engineering
City of Boymon Beach
100 E. Boynlon Beach Boulevard
Post Office Box 3120
Boynton Beach, Florida, 33435-0310
RE:
FM#
Location:
County:
Crossing No.:
RR. MP.
425752-1-57-01
NE lO'h/MLK Ave
Palm Beach
272478-M
311+3505
Dear 'Vir. Livergood;
Enclosed arc six (6) copies of the "Railroad Reimbursement Agn:i:mi:nt, Grade Crossing and Crossing Tmffic
Control Devices. City ", for the installation of signal i:ljuipment on the above-mentioned cro~~ing. Five (5) copies
are to be signed and returned to this office for further processing. '111e sixth copy may be retained for your files
until the Ai:,'Ycemerrl has fully been executed. We will return one executed original for your file.
We will also need two (2) copies of a Resolution, with original signatures, authorizing the sit,,'ning of the
Agreement. Both Resolutions and Agreements must be original signature documents or properly certified
copies.
Please do not fill in Ihe dates on the agreements as this will be done upon final execution by lb.c District
Director of Transportation Development. Should you have any questions regarding this Agreement, please
cal] (954) 777A455
Your prompt attention to the execution of these documents is greatly appreciated.
Sincerel.y, . f./} ..
, . /'
,/ y~.,
,dfJ";/14'l/7 :' . d'----"'-_.._
t7 /'r rtf/v =-~~.,'"'-~.,_____
Thomas P. Keane
Rail Coordinator
Office of Modal Development
co: File
Enclosue
www.dot.state.fLus
- 134 -
ST ATE OF fLORID-A DE~ARTMENT OF TRANSPORTATION
725~O~O-2!
RAil
OGe - HiJOO
RAILROAD REIMBURSEMENT AGREEMENT
GRADE CROSSING TRAFFIC CONTROL DEVICES. MUNICIPAL
FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & Rrw NUMBER FAP NUMBER
42575215701 NE 10th/MLK Ave PALM BEACH 00S4-04 7 -J
THIS AGREEMENT, made and entered into this
day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the
DEPARTMENT, and Florida East coast Railway, LLC
a corporation organized and existing under the laws of Florida
with its principal place of business in the City of Jacksonville . . ___ ' County of Duvall ........
State of Florida , hereinafter called the COMPANY; and the City of Boynton Beach
a municipal corporation, hereinafter called the CITY.
WITNESSETH:
WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise
System, designated by the Financial Project 1042575215701
on NE 10th/MLK Ave
tracks of the COMPANY'S Milepost 311+3505'
FDOT/AAR Crossing Number 272478-M
as shown on DEPARTMENT'S Plan Sheet No.Map Location
changing a portion of the Public Road
, which crosses at grade the right of way and
, at or near Boynton Beach
, attached hereto as a part hereof; and
NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree
as follows:
1. The COMPANY shall furnish the necessary materials and install Automatic Grade Crossing Signals
Type ~___m Class IV and/or other traffic control devices at said location on an actual cost basis
and in accordance with (1) the attached detailed statement of the work. plans, and specifications; and (2) the
DEPARTMENT'S Plans and Standard Index Number 17882 attached hereto and made a part hereof.
2. After installation of said signals is completed, fifty (50%) percent of the expense thereof in maintaining the
same shall be borne by the CITY and fifty (50%) percent shall be borne by the COMPANY, as enumerated by the Scheduie
of Annual Cost of Automatic Highway Grade Crossing Devices attached hereto and by this reference made a part hereof
and subject to future revision,
..
3.
After said signals have been installed and found to be in satisfactory working order by the parties hereto,
the same shall be immediately put into service, operated and maintained by the COMPANY so long as said COMPANY or
its successors or assigns shali operate the said signals at said grade crossing; or until it is agreed between the parties
hereto that the signals are no longer necessary or until the said crossing is abandoned; or legal requirements occur which
shall cease operation of signals thereat.
- 135 -
The COMPANY agrees that any future relocation or adjustment of said signals shall be performed by the
725-0idO-27
RAIL
OGC - 1D1CS
COMPANY, but at the expense of the party initialing such relocation. Upon relocation the maintenance responsibilities
shall be in accordance with the provisions of this agreement. It is further agreed that the cost of maintain:ng any
additional or replacement signal equipment at the same location will be shared as provided under Paragraph 2. above.
4. Unless otherwise agreed upon herein, Lhe CITY agrees to insure that at the crossing the advance
warning signs and railroad crossing pavement marl<ings will conform to the U.S. Department of T;ansportation Manual on
Unifonn Traffic Control Devices within 30 days of notification that the railroad signal improvements have been completed
and that such signs and pavemenl markings will be continually maintained at an acceptable level.
5. The COMPANY hereby agrees to instat! and/or adjust the necessary parts of its facilities along said road
in accordance with the provisions set forth in the:
o (a)
DEPARTMENT Procedure No. 725-080-002 Appendix D.4, and Rule 14.57.011 "Public
Railroad-Highway Grade Crossing Costs", Florida Administrative Code.
f8I (b)
Federal Highway Administration Federal-Aid Policy Guide, 23 C.F.R. Subchapter G. Part 646,
Subpart B, and 23 C.F.R., Subchapter B, Part 140, Subpart I,
and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. The COMPANY
further agrees to do all of such work, with its own forces or by a contractor paid under a contract let by the COMPANY, all
under the supervision and approval of the DEPARTMENT and the Federal Highway Administration, when applicable.
6. The DEPARTMENT hereby agrees to reimburse the COMPANY for all costs incurred by it in the
installation and/or adjustment of said facilities, in accordance with the provisions of Procedure No. 725-080-002 Appendix
D-4 "Billing Requirements," and any supplements thereto or revisions thereof. It is understood and agreed by and
between the parties hereto that preliminary engineering costs not incorporated within this agreement shall not be subject
to payment by tile DEPARTMENT.
7. Attached hereto, and b~' this reference made a part hereof, are plans and specifications of the work
to be performed by the COMPANY pursuant to the terms hereof, and an itemized estimate of the cost thereof in the amount
of $ 205,650.00
. All work performed by the COMPANY pursuant hereto, shall be performed according
to these plans and specifications as approved by the DEPARTMENT and the Federal Highway Administration if federal aid
participating; and all subsequent plan changes shall likewise be approved by the DEPARTMENT and the Federal Highway
Administration, when applicable.
8. All labor, services, materials, and equipment furnished by the COMPANY in carrying out the work to be
performed hereunder shall be billed by the COMPANY direct to the DEPARTMENT. Separate records as to the costs of
conlract bid items and force account items performed for the COMPANY shall also be furnished by the COMPANY to the
DEPARTMENT.
- 136 -
725~OOO-2!'
RM..
ace -101013
9. The COMPANY has determined that the method to be used in developing the relocation or installation cost
181
shall be as specified for the method checked and described hereafter:
(a)
Actual and related indirect costs accumulaled in accordance with a work order accounting
procedure prescribed by the applicable Federal or State regulatory body.
o
o
10.
(b)
Actual and related indirect costs accumulated in accordance with an established accounting
procedure developed by the COMPANY and approved by tile DEPARTMENT,
(0)
An agreed lump sum $ g:gg_ , as supported by a detail analysis of estimated
cost attached hereto. (NOTE: This method is not applicable where the estimated cost of the
proposed adjustment exceeds $100,000.)
The installation and/or adjustment of the COMPANY'S facility as plannedQ will
@willnol
involve additional work over and above the minimum reimbursable requirements of the DEPARTMENT. (If upgrading and/or
nonreimbursable work is involved at the option of the COMPANY, then credit against the cost of the project is required
o (a)
and will be governed by the method checked and described hereafter);
o (b)
o
% will be applied to the final billing of work actually accomplished to determine
required credit for (betterment) and/or (expired service life) and/or (nonreimbursable segments),
(c)
All work involving nonreimbursable segments will be performed by special COMPANY work or job
order number apart and separate from the reimbursable portion of the work; such work or job order
number to be . The COMPANY further agrees to clearly identify such
additional work areas in the COMPANY'S plans and estimates for the total work covered by this
Agreement.
$ 0.00 credited for 0 betterment 0 expired service life
o nonreimbursable segments in accord with Article 9.(0) hereinabove.
11. It is specifically agreed by and between the DEPARTMENT and !he COMPANY that the DEPARTMENT
shall receive fair and adequate credit for any salvage which shall accrue to the COMPANY as a result of the above
installalion and/or adjustment work.
12. It is further agreed that the cost of all improvements made during this adjustment work shaH be borne by
the COMPANY, subject only to the DEPARTMENT bearing such portion of Ihis cost as represents the cost of
adjustment of previously existing facility, less salvage credit as set forth in the immediately preceding paragraph,
- 137 -
nii-r.~Q-27
~AiL
08:::' - ~ 0/08-
13. Upon completion of the work the COMPANY shall, within one hundred eighty (180) days, furnish the
DEPARTMENT with two (2) copies of its final and complete billing of all costs incurred in connection with the work
performed hereunder, such statement to follow as closely as possible the order of the iterns contained in the estimate
attached hereto. The totals for labor, overhead, travel expense, transportation, equipment, material and supplies,
handling costs and other services shall be shown in such a manner as will permit ready comparison with the approved
plans and estimates, Materials shall be itemized where they represent major components of cost in the relocation
following the pattern set out in the approved estimate as closely as is possible. Salvage credits from recovered and
replaced permanent and recovered temporary materials shall be reported in said bills in relative position with the charge
for the replacement or the original charge for temporary use.
The final billing shall show the description and site of the Project; the date on which the first work was performed,
or, if preliminary engineering or right-of-way items are involved, the date on whicl1 the earliest item of billed expense was
incurred; the date on which the last work was performed or the last item of billed expense was incurred; and the location
where the records and accounts bilied can be audited, Adequate reference shall be made in the billing to the
COMPANY'S records, accounls and other relevant documents. All cost records and accounts shall be subject to audit
by a representalive of the DEPARTMENT. Upon receipt of invoices, prepared in accordance with the provisions of the
above indicated Reimbursement Policy, the DEPARTMENT agrees to reimburse the COMPANY in the amount of such
actual costs as approved by the DEPARTMENT'S auditor.
14. Payment shall be made only afler receipt and approval of goods and services unless advance payments
are authorized by the DEPARTMENT's Comptroller under Section 334,044(29), F,S., or by the Department
of Financial Services under Section 215.422(14), Florida Statutes (F,S.).
15. In accordance with Section 287.058, Florida Statutes, Ihe following provisions are in this Agreement
If this Contract involves units of deliverables, then such units must be received and accepted in writing by the Conlract
Manager prior to payments. Bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit tl1ereof.
16. Bills for travel expenses specifically authorized in this agreement shall be submitted and paid in
accordance with DEPARTMENT Rule 14-57.011 "Public Railroad-Highway Grade Crossing Costs" and the Federal
Administration Federal-Aid Policy Guide, Subchapter B, Part 140, Subpart I "Reimbursement for Railroad Work."
- 138 -
725'(";}o-27
RAIL
OGe. .010B
17. In accordance with Section 215.422, Florida Statutes. the follcwing provisions are in this Agreement:
Contractors pmviding goods and services to the Department should be aware of the following time frames. Upon
receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Agreement
specifies otherwise. The Departmenl has 20 days to deliver a request for payment (voucher) to the Department of
Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services
are received, inspected and approved.
If a payment is not available within 40 days, a separate inlerest penalty at a rate as established pursuant to
Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Contraclor.
Interest penal lies of less than one (1) dollar will not be enforced unless the Contractor requests payment. Invoices which
have to be returned to a Contractor because of Contractor preparation errors will result in a deiay in the payment. The
invoice payment requirements do not start until a properly compleled invoice is provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this
individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely
payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the
Department of Financial Services Hotline, 1-877-693-5236.
18. Records of costs incurred under terms of this Agreement shall be maintained and made available upon
request to the Department at all times during the period of this Agreement and for five years after final payment is
made. Copies of these documents and records shall be fumished to the Department upon request. Records of costs
incurred includes the Contractor's general accounting records and the project records, together with supporting
documents and records, of the Contractor and all subcontractors performing work on the project, and all other records of
the Contractor and subcontractors considered necessary by the Department for a proper audit of costs.
19. In the event this conlract is for services in excess of TWENTY FIVE THOUSAND DOLLARS
($25,000.00) and a term for a period of more than one year, the provisions of Section 339. 135(6)(a), Florida Statutes, are
hereby incorporated:
The Department, during any fiscal year, shall not expend money, incur any liability, or enter into
any contract which, by its terms, invoives the expenditure of money in excess of the amounts
budgeted as available for expenditure during such fiscal year. Any contract, verbal or written,
made in violation of this subsection is null and void, and no money may be paid on such contract.
The Department shall require a statement from the Comptroller of the Oepariment that such funds
are available prior to entering into any such contract or other binding commitment offunds.
Nothing herein contained shall prevent the making of contracts far periods exceeding one year, but
any contract so made shail be executory only for the value of the services to be rendered
- 139 -
125-000-2('
RAIL
OGc-' 010a
or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in exceS5 of TWENTY FIVE
THOUSAND DOLLARS ($25,OOO.00) and which have a term for a period of more than one year.
20. In accordance with Section 287.133 (2)(a), Florida Statutes, the following pro\li5ions are included in
this Agreement:
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 exce5S of the threshold amount provided in s.287.017 for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted vendor list.
21. In accordance with Section 287.0582, Florida Statutes, the following provisions is included in this
Agreement:
The Department's obligation to pay under this contract is contingent upon an annual appropriation by the Florida
Legislature.
22. The COMPN,jy covenants and agme5 that it will indeRlRify aRE! RslE! Rarl'Aless the OEPARTMHJT ~nd
all ofti'le DEP:\RT~~fs, agents,;}f'\d employccs ff'efll ally claim, loss, aamage, co~t change, or €l(peRS!:!
arisillg Ollt of an'l act, action, neglect, omission or delay by the COMP'^J'JY during the pcrformaRce sf tRe contract,
whether direct or indirect, and whether to any person or property to which the DEPARTMENT or said p;lrtics may ae
subject, except th~t neither the COMP/\NY nor any of its sub contractors '....iliac liable under this sectiol'l for damages
;lrisinG out of injury or d;lmage to persons or Ilrol3erty directly c3lolseE! sr resultinG from the sole negli;;cnce of the
DEPMnMENT sr allY of its eUiEJcrs, ;lgcnts, sr NIlJ3leyccs.
23. Paragraph 22 was stricken prior to execution by all parties at the request of
Florida East Coast Railway, L.L.c.
- 140 -
725-C9Q.Zi'
RAIL
OG-::; -10/08
IN VVITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers,
the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
(TITLE: Director of Transportation Development
Florida East Coast Railway, LLC
BY:
CITY OF Boynton Beach
, FLORIDA
BY:
(TITLE:
Legal Review
Approved as to Funds
Available
Approved as to FAPG
Requirements
BY:
BY:
BY:
Attomey - DOT
Date
Comptroller - DOT
Date
FHWA
Date
- 141 -
STATE OF =LORIDA DE::>ARTMENT Of -RANSPOR"lATlC'N
WORK DESCRIPTION
GRADE CROSSING TRAFFIC CONTROL DEVICES
725.C90,09
~IL
-)5/'0:::
FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & RNJ NUMBER FAP NUMBER
42575245701 NE1 Oth/MLK Ave PALM BEACH OOS4-047-J
RAILROAD COMPANY
Florida Easl Coast Railway, LLC
A.
B.
C
D.
E.
LED'siCWT/Preemption/Relocate FL&G's
---".-".........""..-.-....".-,...""....""."".....,....".."''''''..
JOB DESCRIPTION & LOCATION:
TYPE OF ROADWAY FACILITY:
FDOTiAAR XING NO.: 272478M
TYPE CROSSING PROPOSED: III
STATUS AND PROPOSAL:
1. EXISTING DEVICES:
a. None-New Crossing.
b. Crossbuck and Disk.
C. Flashing Signals with Disk.
d. Flashing Signals with Cantilever.
e. X Flashing Signals with Gates.
f. Flashing Signals with Cantilever and Gates.
RR MILE POST TIE: 311 +3505
CLASS: IV DOT INDEX NO.: 17882
(See Agreement dated
2. PROPOSED DEViCES:
a. No revision required.
b. Crossbuck and Disk.
c. Flashing Signals and Disk.
d. Flashing Signals with Cantilever.
e. Flashing Signals with Gates.
f. Flashing Signals with CanUever and Gates.
g. X Relocate existing si~nal devices:
(1) (With-Without) addition of Gates.
(2) X (With-WJthout) synchronization with highWay traffic signals.
(3) (With-Without:! constant VI'Clrning time,
(Safety Index Rating 70.04
F.
COMMUNICATION AND/OR POVVER LINE ADJUSTMENTS
1. N/A By Others (
2. ~ By Railroad Company.
Corrpany.)
G.
(Draft attached: 0 Yes
o No.)
)
AUTHORiTY REQUESTED:
1. X Agreement (Th;rd Party Participating Palm Beach County
2. Supplemental Agreement No.
3. Crossing Permit.
4. Estimate 'or Change Order No.
5. LeUer of AutrlOrily.
6. Letter of Confirmation (No Cost to Department).
H. OTHER REMARKS:
Negotiations to be completed bye
Signai instaiiation target date:
Synchronization: (Draft attached 0 Yes 0 No)
- 142 -
STATE OF FL:JRlDA DEPARTMENT OF TRAN$OORTAT -:)N
725-.[.90-011
RAIL
OGC - OMJG
RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES
FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/W NUMBER FAP NUMBER
42575215701 NE10th/MLK Ave PALM BEACH 00S4-47-J
Florida East Coast Raiiway, LLC
COMPANY NAME:
A. FDOT/AAR XING NO.: 272478M
RR MILE POST TIE: 311+3505
B. lYPE SIGNALS PROPOSED HI
CLASS IV
DOT INDEX: 17882
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES
Annual Maintenance Cost Exclus.ive of Ins.1ailation
CLASS
DE~CRIPTION
COST"
Flashing Signals ~ One Track
$2,086.00
II
Flashing Signals - Multiple Tracks
$2,760.00
III
Flashing Signals and Gates - One Track
$3,146.00
IV
Flashing Signals and Gates - Multiple Tracks
$3,950.00
AUTHORITY: FLORIDA ADMINISTRATIVE RULE 14-57.011
Public R<lilro<ld-Highway Grade Crossing Costs
EFFECTIVE DATE:
GENERAL AUTHORITY:
SPECIFIC LAW IMPLEMENTED:
July 22,1982
334044, F.S.
335.141, F.S.
'This schedule will become effective July 1, 2006 and will be reviewed every 5 years and revised as appropriate
based on the Consumer Price Index for all Urban Consumers published by the U.S. Department of Labor.
- 143 -
I-Iorida Dq::arlonent of Transportation
uiagnostc Field Rev.ew Sheet
Rail-Highway Grade C'~ssing
';::;""''''0''(: I G Z Z Data Sheet
Prority No :1291 County: PALM 3EACH City: BOYNTON BEACH
F.M. No
ROV>/Y: NE 10th/M~KNG AV
R.R. Co. : FLORIDA EAST COAST I,AiLROAD
Station. . 499198
Latitude. 255363
R.R Crossing Status: OPEN- TR.<\CK ACTIVE
Last Updated: S/9/200R 1 :49: 15 PM
RR. Branch. : M.';IN
R.R. Ivli/epest. : 0
Lor,gitude: 80.05851670
,'\s of: 1/31 /20D7
Rei! Operat.'ons :
Train Mo\/&ments :~Z "I'
~lI1ax Speed: Pfr' ::; 0
,~c. of main traoks : 1
Last Updated: 2/1/2000
Warning d&vices:
Effectivo date: 2/1/2000
Other tracks: 0
Existing wal'l1ing : FLandG
Preemption. NOT INTERCONNECTED
Last Updated:
Physical data:
Type oftrilin detection: OTHER
Advance warning. YES
Last updated: 8/1412002
RR Crossing angle: 60-90 DEG
No. of Thru lanDs : 2
Crossing condition: EXCELLENT
Maintaining agency: COUNTY
Highway speed; 25
Other lanes: 0
Approach condition: MINOR
Last updated: 1/3112007
Department data.
Traffic voUMDT) : 4441
School bus cOllnt : 4
Percent trucks: 0
As of' 2003
As of' 2008
Safety cata :
Prad. accident/year: 0.0175
Safety index: 7004
Last updated5/13/2008
Description of $ite/1 nstallation conflds ~ . () I , /1 C 0' / /
...gl:..~..:,::L>;5......5:C;.gl.<:;,J..pJ",.~,c:""~,d,,.L>.ML~t.'r;Pc,h..:1C9c.,<:<:..r Y<s""';"I..0dh~7:..L",~,."L,.^t.R,;t.ly..e.:.fI.9f1Lio1g(hfS"~M
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..~&commended warning device: FL & G
As of: 5/13/2008
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- 144 -
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- 145 -
e
200e/2005 DIAGNOSTICS
DATE, 09/02/e$
FILE, 10.2
TYPE: III
CI.J'o.SS: III
NU. OF DAYS: lC
AAR j DOT #, 272478M
~rLE POST: 311+j~05'
FLORIDA EAST COAST RAILWAY
OFFICE OF THE G~NERA~ V~AGER
OF SIGNALS AN~ COMMUNICATIONS
Proje~t Type, FD~T
ESTUIATEI:. COST F:JR HIGmmy CRCSSHJG KARNn~G ::>EVICES AT MLK' S::'VD 13C"-NTON BCe!. ) .
Thi 8 esti'Jl.ate sh::mld be (:::..lll:::iidered vcid after -:::me (1) year,
MATERIAL
UNIT COST ;;N;:TS
$500.00 E:A.
$S'IS. JO 2 EA.
$2 J ./.16';, 0)0 1 HA.
~:141) . JU 8 EA.
$75,260. 00 1 EA.
$2,870.00 1 :lA.
S675.00 1 :lA.
$250.00 30 EA.
$1,671.17 1 ?KG.
$45.00 100 FT.
$7,20e.CO 1 PKG.
$l,12e.CO 1 PKG.
$1,30C.CO 1 EA.
$10,725.00 1 PKG.
$1,500.00 1 PKG.
TOTAL COST
Gj'~'l'ES
$l,COO 0-)
GATE FOUNJATION8
$:,150.0')
$2,464.0')
$:,~20.00
$75,260.00
$2JB70,00
$675.00
$7,500.00
$1,671.17
$4,5JO.OC
$7,2JO GC
$1,120.0C
$1. B'JO 00
5lC',"725.00
$1,500.00
S23, Ell.OO
J>2,"739.00
$152,105.17
l\DUl'l'IONAL PLASHING LIGHT2
12. II LED R3TROFI1' LiGHTS
6' X 6' WIR3D CASE, WITH HXP~3R2
GENE:lA'!'OR CASE W/ 'I'RlL\iSio'ER SWITCH
BJI.TT:JRI BOX
-BATTERIES, SAFT SP:'2S0
MISC. GROUND V~TERIAL
CO~DUIT & DIRECTIONAL EOHH
CABLE
MI8CELL.~80US RELAY EQLIPMENT
PC'im~. S.cmVICB
MONITORtNG BQUtP~ENT
SANITATION "' DISPOSAL
FRZIGHT & P~.NDLI~G
T~.X @ 6.5%
TOTAL MAT3RIALS
3XCA'JA'1'ING EQUIPNENT PER !:.".Y
EQUIFMENT RENTAL PER DAY
~ORB~'1AIi 'S TRUCK :?ER U. Y
GAHG TRUCK PER DAY
SUPEHV180Y.B TRUe::: PER DAY
EQUIh'MENT l'Ol'l>.L
$181. 00
$125. 00
$35. 00
$63. 00
$35. DO
10 :'AY$
10 =AYS
10 =AYS
10 DAYS
10 DAYS
$:.810.00
$1,250.00
$350.00
$630.00
$}.,,(LJl...Q.
$~,3S0.00
3NGINEERING
ENGINEERING TOTAL
$7,500.0'J
Ji7 S OO.~Q.Q.
$7,500.0C
CONSTRUCT:ON S~P8~VISIQN
LA'OQR ADD;:TIVE
SU?ERVISICN TOTAL
$37"7.00
10 DAYS
$",7:0 OC
.$.<...~.l.2(LQ_l
$:-~ 870 .00
LABOR PER DI'.Y
NUHBEk OF DJI.YS
LAGOR ADDI'I'lV\';
::OTAL LABOR
$1,26::'.24
10
S12 612.00
f:,] ";l,ffi,.lLQ.
$19,972.00
C,ANG EXPENSES PER L\Y
:J!.JMBE? :)F DAYS
TO::AL GANG EXPENSES
$602.00
10
$6,020.00
SUE-TOTAL
CONTING~NCIES 5%
$195,857.17
$9,'193.00
TOTAL
POS, 650 .00
272.478M.xJ,,;
- 146 -
\'1;,ro",l:""
Vlrtu:ol Earth~'
".~l;m~'ti-~:'.
Boy~ton Bea.::f,
f'l7il~8f!",\"il""'1-:!\~n8~.;l..~ ~m$~ tT
LOCATION MAP
Florida East Coast Railway
LOCATION:
FINANCIAL PROJECT NO.:
CROSSING NO.:
RAJLROAD MILEPOST:
NE lOtb/MLK Blvd
425752-1-57 -01
272478-M
311+3505'
- 147 -
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
OFFICE OF MODAL DEVELOPMENT
DISTRICT 4 RAIL OFFICE
PROJECT SCOPE AND COST ESTIMATE
PROJECT INFORMATION
Financial Project No.:
FAP No.:
Location:
County:
Crossing No.:
RRMP:
Company:
425752-1-57-01
00S4-047-J
NE lOth'MLK Ave
Palm Beach
272478-M
311-3505'
Florid.a East Coast Railway, L.L.c.
This project scope and cost cSlimate was prepaTed by;
District Rail Specialist
PROJECT SCOPE AND COST ESTIMATE
Relocate FL&G, LED's! CWT, Preemption ............... .......... $205,650.00
TOTAL PROJECT COST...... ........................... ....... ..... $205,650.00
- 148 -
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- 153 -
6. G
CONSENT AGENDA
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF i:8J CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10-006 - Approve
update to the fee schedule used by the Department of Public Works, Engineering Division in issuance of
various permits from time to time within the public rights-of-way of the City.
EXPLANATION OF REQUEST: The City Commission adopted Resolution No. 00-89 on July 5, 2000 to
establish an initial fee and permit structure for work within the City's rights-of-way as being monitored
by the Department of Public Works, Engineering Division. From that date forward, the Division has
observed an extended amount of plan review and field observation time on numerous (several) permits
issued for said work being performed with the city's rights-of-way.
To offset this observation, it is recommended that the Department of Public Works, Engineering
Division adjust their fee schedule noted above to meet current costs and tasks. Attached Schedules "A"
and "B" to the proposed Resolution reflect the fees for various tasks that are undertaken within the
City's rights-of-way.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proposed fee schedules are designed to
reflect current costs of the Division to monitor and track the various permits that it issues.
FISCAL IMPACT: Without the Resolution being passed, current fees charged for various permits issued
will continue to be deficient.
AL TERNATIVES: Continue to use current deficient fee schedule.
- 154 -
RESOLUTION NO. RIO-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, ADOPTING FEES FOR
ACTIVITIES WITHIN CITY OWNED RIGHTS-OF-WAY AND
CONTROLLED EASEMENTS IN THE CITY OF BOYNTON
BEACH, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission for the City of Boynton Beach, Florida adopted Ordinance
No. 74-17, which provided requirements and controls as to construction and restoration within the City's
rights-of-way including permits, applications fees and other requirements; and
WHEREAS, the City previously adopted an ordinance, specifically Ordinance No. 81-6, which
adopted a new "Code of Ordinances", which superceded all general and permanent ordinances adopted
on or before July 1, 1980, repealing those that were not recognized and continued in force by reference;
and
WHEREAS, said Ordinance No. 74-17 was not recognized and continued in force by reference;
and
WHEREAS, the CITY subsequently adopted Ordinance No. 95-02, separating the Land
Development Regulations (LDR) into a document which was made available to the public as a separate
set of rules and regulations for development and improvements within the City; and
WHEREAS, in the LDR, Chapter 22, Article II, Section 3 (Permit Fees), fees for work within
the rights-of-way, shall be as established by the City Commission from time to time by resolution; and
WHEREAS, the City Commission did adopt Resolution No. 00-89 on July 5, 2000, to establish
an initial fee and permit structure for work within the city's rights-of-way as being monitored by the
Department of Public Works, Engineering Division; and
WHEREAS, the City Commission deems it to be in the best interest of the citizens and residents
of the City to adopt an updated fee schedule for work within its rights-of-way.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The definition of public rights-of-way means the surface, the air space above the
surface, and the area below the surface of any public street, highway, roadway, land, path, alley,
sidewalk, boulevard, drive, bridge, tunnel, parkway, waterway, public easement or similar property in
which the City now or hereafter holds any property interest, which, consistent with the purposes for
which it was dedicated, may be used for the purpose of constructing, operating and repairing an access
system, functional operating system, utility service system, cable system or open video system. Public
rights-of-way do not include buildings, parks, or other property owned or leased by the City.
- 155 -
Section 3. The City Commission authorizes and approves the Department of Public Works,
Engineering Division to continue to monitor, address and issue permits for those activities desiring to
use the rights-of-ways and easements situated under the control of the City of Boynton Beach.
Section 4. The Schedule of Fees for the Department of Public Works, Engineering Division
to charge for those services noted in Section 2 above are attached hereto and incorporated herein as
Exhibit "A" and Exhibit "B".
Section 5.
That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of Januarv,20l0.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(CORPORATE SEAL)
- 156 -
EXHIBIT "A"
ENGINEERING DIVISION
DEPARTMENT OF PUBLIC WORKS
SCHEDULE OF FEES
FOR RELATED STREETIROADWAY ACTIVITIES*
TYPE OF WORK
Driveways
Bituminous Driveway Approach (Black top).
Portland Cement Driveway Approach (Concrete).
Paver Brick Approach (incl. inlaid concrete block)
Right-of-Way Construction & Excavation
Street Opening, removal & replacement:
1 - 100 sq.ft.
101 sq.ft. & up
New concrete curb & gutter (rem. & repl.) 1 - 50 lin.ft.
5llin.ft. & up
Public sidewalk
Connection to storm sewer where street opening is not req' d.
PERMIT FEE
$75.00
"
"
$75.00
$125.00 + 3.0% of
est. cost
$75.00.
$75.00 + $0.25/lin.ft.
$ 0.00
$130.00 $ 100.00 (***)
Tree Planting (maximum of3 trees, $15.00 for each add'l. tree) $30.00 $ 0.00
Tree Bonding Protection:
0" to 9" diameter, per tree
9" to 24" diameter, per tree
Other work in R/W (incl. storage in roadway).
1 - 50 sq.ft.
50 - 100 sq.ft.
100 sq.ft. & up
- 157 -
$30.00 $ 0.00
$30.00 $ 0.00
$45.00 $ 100.00 (***)
$60.00 $ 100.00
$60.00 + 3% of
est. cost
BOND**
$ 0.00
"
"
$100.00 (***)
"
"
"
"
$ 100.00
(*) Insurance of the City will be required per LDR, Chapter 22, Article II, Section 4.1 (Insurance
required for certain permits).
(**) Cash bond refunded upon final acceptance of work and/or restoration. Maximum cash bond for
anyone person or company holding more than one permit concurrently is $1,000.00.
(***) A bond equal to 110% of the estimated value of the work ifin excess of $1,000.00.
Schedule" A" - Page I of I
- 158 -
EXHIBIT "B"
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
FOR LAND DEVELOPMENT RELATED ACTIVITIES
TYPE OF ACTIVITY
FEE
A Abandonment (easements or rights-of-way): .................................................. See P&Z Division Fee Schedule
1. Vacating of city street, alley and/or easement.................................................................................. $750.00
2. City initiated vacation of alley and/or easement .................................................................................. $0.00
B. Annexation (legal description review and continuity evaluation only):
1. Less than 5 acres:....................................................................................... See P&Z Division Fee Schedule
2. 5 acres and larger: ...................................................................................... See P&Z Division Fee Schedule
C. Land Development Permit (LDP)...............................................2.3% of cost of improvements ($350.00 min.)
Construction Plan Review Fee (***).......................................................................................... $500.00
(Surety required is 110% of cost of improvements, per LDR, Chapter 7, Article I, Section 2.B. ($35.00 min.~
D. Platting:
1. Pre-application process fee (*) ........................................................................................... $1,000.00
2. Plat review (minor subdivision) fee [< 10 acres] ............................................................. $2,000.00
3. Plat review (major subdivision) fee [=/> 10 acres] .......................................................... $3,000.00
4. Request for plat waiver.......................................................................................................... $200.00
5. Plat Recording Fee (per P.B.C. fee schedule) .......................................................................... $ (**)
E. Variance:
1. Parking Lot Requirements (Regulation)
.................................................................................................................... 1 st Variance (per Code Section)
.............................................................................................................................. . Each additional variance
F. Waivers:
1. Sidewalk............................................................................................................................ $7.00/sq.ft.
2. Administrative................................................................................................................ ........ $200.00
(*) ................................................ Credited toward Plat Review Fee (with continuous of platting process).
(**) $30.00 for the first sheet of the plat, plus $15.00 for each additional sheet, or as modified from
time to time by P.B.C., make check payable to P.B.C.'s Clerk of the Circuit Court (LDR
Chapter 5.V.2.A7.). Refer also to the Engineering Division's Record Platting Process Procedure
for current costs.
(***) ............ To be credited to LDP Fee (with continuous phases of Land Development Permit Process).
Schedule "B" - Page I of 2
FOR PUBLIC RIGHTS-OF-WAY AND EASEMENT CONSTRUCTION
- 159 -
TYPE OF ACTIVITY
FEE
A. Installation of gravity sanitary and storm sewer (including appurtenant manholes and/or catch
basins):
1. First 100 lineal feet or less: ............................................................................................................... $ 70.00
2. Next 400 lineal feet or fraction thereof: ............................................................................................ $ 40.00
3. Each additional 500 lineal feet or fraction thereof: ........................................................................... $ 30.00
B. Installation of all other underground facilities including, but not limited to or by: Sanitary force,
water, gas, liquid or semi-liquid pipe lines, electric, telephone and/or telecommunication conduits or
direct burial, including appurtenant manholes and/or junction boxes:
1. First 200 lineal feet or less: ............................................................................................................... $ 50.00
2. Next 300 lineal feet or fraction thereof: ............................................................................................ $ 25.00
3. Each additional 500 lineal feet or fraction thereof: ........................................................................... $ 20.00
C. Construction or installation of individual catch basins, manholes or junction boxes not erected in
connection with an installation covered by "A" or "B" above (each): .................................................... $ 60.00
D. All underground jack and bore crossing of paved public roadways based on width of paving,
including median:
1. For pipe sizes 18" or less in diameter (per foot): ............................................................................. $ 3.00
2. For pipe sizes over 18" and up, and including, 48" in diameter (per foot): ..................................... $ 5.00
3. For pipe sizes in excess of 48" in diameter (per foot) ...................................................................... $ 7.00
E. Installation of a pole line for overhead facilities:
1. First 200 lineal feet or less: .............................................................................................................. $100.00
2. Next 300 lineal feet or fraction thereof: ........................................................................................... $ 60.00
3. Each additional 500 lineal feet or fraction thereof: .......................................................................... $ 40.00
F. Street Connections:
1. Paved street connection for tying into existing and/or new City roadways or streets (each): .......... $400.00
2. Where culverts are used in conjunction with street/roadway connections (per lineal foot): ............ $ 3.00
G. Construction of elevated or submerged facilities crossing City owned canals or waterways: ............... $ 60.00
H. Sodding (other than trees) within or upon City maintained rights-of-way..........................$75.00 + 3% of cost
Schedule "B" - Page 2 of 2
- 160 -
6. H
CONSENT AGENDA
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2009
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF i:8J CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: Accept the monthly report on the major projects being
completed by the Recreation and Parks Department.
EXPLANATION OF REQUEST:
PARK BUDGET STATUS
AMOUNT
Barton Greenway $116,070 Plans being reviewed by FDOT and Palm Beach
County. 100% funded by FDOT. No City funds
required.
Boat Club $417,500 The City has entered into a contract with Burke
Renovation Construction Group. Estimated completion is June
2010.
Hester Park and $388,000 Energy retrofit using grant from Department of
Center Energy Energy. No City funds will be expended.
Retrofit
Oceanfront $2,400,000 Project was sent to bid on October 21. The bid
Boardwalk opening was December 8. Target date for construction
commencement is January/February.
Palmetto $400,000 Plans being reviewed by FDOT and Palm Beach
Greenway County. 100% funded by FDOT. No City funds
Extension required.
HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? For purposes of this report, N/A
FISCAL IMPACT: For purposes of this report, N/A
ALTERNATIVES: For purposes of th is report, NI A
- 161 -
6. I
CONSENT AGENDA
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF i:8J CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: Approve the "VIST ABELLA AT RENAISSANCE
COMMONS REPLA T 2, A P. U.D." Record Plat conditioned on the approval being the certification of the
plat document by H. David Kelley, Jr., (City Engineer and Surveyor and Mapper).
EXPLANATION OF REQUEST: The record plat review for this project commenced on September 25,
2008, to which the third and final review was completed of October 27,2009. Noted plat preparation
changes not withstanding, staff now recommends that the City Commission approves the plat as
presented, subject to final signatures by the City Engineer and Mayor. This plat consists of adjustment
to lot sizes for the remaining townhomes to be constructed. The record plat is the next step in the
continuing finalization of the undeveloped portion of the project site. The record plat preparer has stated
that all minor changes necessary to this instrument are now in compliance with those comments noted in
the last review letter.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proposed completion of the development
will continue to be delayed until this proposed record plat has received technical compliance with the
Land Development Regulations. Thus, no building permits can be issued until the proposed record plat
is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida.
FISCAL IMPACT: None
AL TERNATIVES: The proposed development will continue in tentative status until the proposed record
plat is received in acceptable form, superseding a portion of the existing subdivision.
- 162 -
THIS PLAT
! G/iJEWN BLVD.
I
I
I I
18 ' 17
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19 ,20 ~'
) ;Z; I
ii11 a\
~, ~
~! IJ/DD C-J6 CANftL I
~I I
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~i I
<-> '
! NOT TO SCALE i
- - - - - - - - - - - ~ - - - - - -" - - - --1- - - -.. .
,
\
8(J(NrON BEACH f3(XJl.EV MD
~
II
LOCATION MAP
- 163 -
6. J
CONSENT AGENDA
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF i:8J CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: Approve payment of $41,712 to R&S Integrated Products
for the annual renewal of the Laserfiche software and scanner hardware maintenance.
EXPLANATION OF REQUEST:
Most of the City's departments now rely on Laserfiche software and affiliated scanning
equipment for storing and retrieving their documents. The documents are scanned, converted
to electronic media, and stored on central servers. This automated system provides the
following benefits:
. Increases productivity - All authorized users can search the repository and view the
documents, without the need to physically find a paper document. Multiple City users
can simultaneously view the documents from their computers.
. Better/quicker customer service - Links can be provided via the City's web site to City
residents and businesses view documents directly 24X7 - without the need to visit City
Hall and wait for a paper copy.
. Lower ongoing operation cost and reduced environmental impact - less paper needs to
be printed and copied. The electronic documents can be viewed, faxed, and emailed
without first printing.
The City's Laserfiche software and affiliated equipment was installed in 2000 by R&S Integrated
Products. R&S is a Value Added Reseller (VAR,) authorized by Laserfiche to offer this service.
The City has upgraded and expanded Laserfiche software, equipment, and training during the last nine
years. In addition, the recent Easy Agenda software for Commission Agendas also uses the Laserfiche
repository to store documents. The City has continued to contract with R&S for ongoing support for both
the software and equipment.
- 164 -
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
City Departments, residents, and businesses have come to depend on the constant availability
of the Laserfiche document repository. Laserfiche has become a critical component of the
City's infrastructure. This request will continue R&S software and equipment support. The
agreement provides ITS and City Departments with:
. Continued software and equipment support - 7 days a week; 24 hours per day.
. Version upgrades of all software products, when available, at no additional cost
. Software fixes for software problems, when available, at no additional cost
FISCAL IMPACT:
The total annual fee for this service is $41,712.
This item was approved in the FY 09-10 budget as follows:
001-1510-513-46-91 Software Maintenance
001-1510-513-46-22 Equipment Maintenance
$37,000
$12,000
AL TERNA TIVES:
Pay for technical support, software fixes, and/or new versions only if-and-when needed. This
alternative could possibly involve outages if the R&S VAR and/or Laserfiche (software
manufacturer) does not have the immediate resources available to respond to our request -
since they must first focus on contracted agreements. For less critical systems, a "time-and-
material" might well be cost-effective. In this case, however, the City cannot tolerate a
sustained outage.
- 165 -
7. A
CODE COMPLIANCE & LEGAL SETTLEMENTS
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
i:8J SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: Approve mediated settlement agreement in the case of
Southeast Drilling Services vs. City of Boynton Beach.
EXPLANATION OF REQUEST: In 2004, the City issued an RFP to expand the East Plant by
constructing two test wells and two production wells and to construct a second aquifer storage
and recovery well. SED submitted a bid and was selected as the contractor. On or about April
5, 2005, the City and SED entered into a contract ("Contract").
During the course of this Contract, the City elected to delete some of the original bid items.
SED requested additional compensation for the deleted bid items. SED's request was denied.
The items were deleted because the City was transitioning from the old SFWMD water permit
to a new one that delayed the construction of deep wells into the Floridan aquifer. Two deep
test wells were part of the original contract. One was constructed without incident but the other
deep well was not completed. The contractor did incur expenses for the construction work.
The proposed settlement is a negotiated amount based on an assessment of work completed.
Near the conclusion of the Contract, SED submitted a Request For Equitable Adjustment to
compensate for, what SED believed to be equitable compensation for project delays and time
extensions, including time related damages, extended field office costs, project management
costs, carry costs, compensation for the City's unilateral removal of work and compensation for
additional work performed at the Quantum site. The City and SED were not able to reach an
agreement and SED filed suit. In the suit, SED claimed damages of approximately $2.1
million.
On November 24, 2009, the parties attended mediation and reached a tentative agreement
pending City Commission approval as follows:
- 166 -
1. The City shall pay the lump sum of $950,000.00 to Southeast Drilling Services between
January 11, 2010 and no later than January 30, 2010. The amount includes release of
$56,000.00 previously deducted by the City as liquidated damages.
2. The City shall pay the cost of the mediator.
3. The parties agree not to disparage the other and as a consequence of this settlement
on the project, Southeast Drilling shall not be precluded from bidding on future projects
with the City.
4. Except as to the remaining obligations, the parties shall release one another from all
claims or counterclaims which were asserted or could have been asserted in this
matter.
5. The parties each agree to bear their own respective attorney's fees and costs incurred
in this litigation.
HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? The City has received its revised
Consumptive Use Permit from the South Florida Water Management District which reflects the
policy direction of the City Commission in 2006. The effect of this change was to save the City
the expense of deep well construction projects. The work under this contract was partially
based on the old water permit that required deep well construction.
FISCAL IMPACT: The funds for this expenditure have been included in the budget. The
settlement is less than expected costs if the matter continued in litigation and went to trial. The
settlement is a fair level of compensation to the contractor for work completed and for which
the contractor incurred expenses.
ALTERNATIVES: Not approve the mediated settlement and proceed to trial on this matter.
- 167 -
8. A
PUBLIC HEARING
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
i:8J PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: Conduct Impasse Hearing and resolve open issues to
settle SEIU - White Collar Collective Bargaining Agreement.
EXPLANATION OF REQUEST: After negotiating for many months the City manager's negotiating
team and the Union's negotiating team were unable to reach agreement on two articles of the
Collective Bargaining Agreement: Wages and Insurance. The City Manager and the Union
Representative agreed to by-pass a hearing before a Special Magistrate appointed by the
Public Employees Relations Commission and submit the two impasse issues directly to the
City Commission for resolution.
The City Commission is now required to conduct a public hearing at which time the City
Manager will explain management's position and a representative of SEIU will explain the
Union's position on the two impasse issues. During the public hearing the City Commission
shall take such action as it deems to the in the public interest, including the interest of the City
employees involved, to resolve the two disputed impasse issues.
The public hearing will be conducted as follows:
1. The City Manager or representatives of his bargaining team will have twenty (20)
minutes to explain the City's position.
2. The SEIU representative or representatives of its bargaining team will have twenty (20)
minutes to explain the Union's position.
3. The Mayor will open the public hearing for comments by the public.
4. The Mayor will close the public hearing.
5. The City Commission will deliberate on both impasse issues and announce its decision
on how those issues should be resolved.
- 168 -
The City Commission is currently in what is referred to as the "insulated period." During the
insulated period members of the City Commission may not be provided with information
regarding the City's and Union's position, either directly or indirectly. Therefore, unlike many
agenda items, there is no backup that sets forth the position of either the City or the Union.
HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? Since the City Commission is in the
insulated period, this information will be provided during the public hearing.
FISCAL IMPACT: Since the City Commission is in the insulated period, this information will be
provided during the public hearing.
ALTERNATIVES: None
- 169 -
8. B
PUBLIC HEARING
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA i:8J LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
i:8J PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE 010-001 - FIRST READING
- Casa Del Mar Yacht Club rezoning (REZN 09-003). Request to rezone 4.11 acres of property from Infill
Planned Unit Development (IPUD) with a master plan for a multifamily use to IPUD with a master plan
for a marina use.
EXPLANATION OF REQUEST: The property is presently zoned IPUD; however, pursuant to the
Land Development Regulations, approval of the proposed new master plan for a marina I
yacht club use is processed as part of a new rezoning application. In addition to the rezoning,
the applicant has concurrently filed applications for conditional use I site plan approval and two
vanances.
Due to time constraints of a loan commitment, the applicant has submitted a formal request for
an expedited schedule for these requests. The expedited schedule for the subject rezoning
accommodates two required readings for the rezoning ordinance in a compressed time-frame,
therefore allowing second reading to coincide with the public hearings for the corresponding
requests.
If approved on first reading, the ordinance will proceed to the second reading to be held on
January 19, 2010, concurrently with public hearings for the conditional use I site plan
application and the two variances.
Staff recommends that the rezoning request be approved subject to compliance with the
maximum height allowed in the IPUD zoning district.
The Planning and Development Board recommended that the subject request be approved on
December 22, 2009. For further details pertaining to the request, see attached Department
Memorandum No. 09-087. The Board has also recommended approval of the remaining three
- 170 -
(3) items, including the request for a height variance, which, if ultimately approved, would allow
the proposed height of 67 feet, as also reflected by the proposed site plan application.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT: Possible benefit to property tax base with the ultimate development of inactive
property.
ALTERNATIVES: Deny the rezoning request.
- 171 -
ORDINANCE NO. 10-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, REGARDING THE APPLICATION OF LANCORE
NURSERY, LLC, AMENDING ORDINANCE 02-013 TO
REZONE A PARCEL OF LAND LOCATED AT 2632 NORTH
FEDERAL HIGHWAY, EAST OF FEDERAL HIGHWAY AND
NORTH OF DIMICK ROAD AS MORE FULLY DESCRIBED
HEREIN, FROM INFILL PLANNED UNIT DEVELOPMENT
(IPUD) WITH A MASTER PLAN FOR MULTIFAMILY USE
TO INFILL PLANNED UNIT DEVELOPMENT (IPUD) WITH
A MASTER PLAN FOR A MARINA USE; PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
WHEREAS, Lancore Nursery, LLC., owner of the property located on the east side of Federal
Highway, North of Dimick Road in Boynton Beach, Florida, as more particularly described herein, has
filed a Petition, through its agent, Bonnie Miskel, Esquire and Lauren Lending of Siegel, Lipman,
Dunay, Shepard & Miskel, LLP., pursuant to Section 9 of Appendix A-Zoning, of the Code of
Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said land being
more particularly described hereinafter, from Infill Planned Unit Development (IPUD) with a master
plan for a multifamily use to Infill Planned Unit Development (IPUD) with a master plan for a marina
use; and
WHEREAS, the City Commission conducted a public hearing and heard testimony and received
evidence which the Commission finds supports a rezoning for the property hereinafter described; and
WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to
amend the aforesaid Revised Zoning Map as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing Whereas clauses are true and correct and incorporated herein by
this reference.
- 172 -
Section 2.
The following described land located on the east side of Federal Highway, North
of Dimick Road in Boynton Beach, Florida, as set forth as follows:
LOTS 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,20,21,22,23,24, LAKESIDE
GARDENS, Plat Book 8, page 57, according to the Plat thereof on in the Office of the
Clerk of Circuit Court in and for Palm Beach County, and
Lot 1, HULLS SUBDIVISION, Plat Book 2, Page 17, less and accept the west 94 feet
for road right - of - way of State Road 5, according to the Plat thereof on in the Office
of the Clerk of Circuit Court in and for Palm Beach County, together with riparian
rights thereunto appertaining. Total area 179,130 square feet (4.11 acres) more or
less. Area east of the seawall 5,318 square feet (0.12 acres) more or less
Subject to easements, restrictions, reservations, covenants and rights-of-way of
record.
be and the same is hereby rezoned from Infill Planned Unit Development (IPUD) with a master plan for a
multifamily use to Infill Planned Unit Development (IPUD) with a master plan for a marina use. A
location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference.
Section 3. That the aforesaid Revised Zoning Map of the City shall be amended accordingly.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a
court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this
Ordinance.
Section 6. This ordinance shall become effective immediately upon passage.
FIRST READING this _ day of
,2010.
SECOND, FINAL READING and PASSAGE this _ day of
,2010.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
- 173 -
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
- 174 -
EXHIBIT "A"
CASA DEL MAR YACHT CLUB
LOCATION MAP
8
not in city
.
o 25 50 100 150 200
Feet
- 175 -
TO:
THRU:
FROM:
DATE:
PROJECT NAME/NO:
REQUEST:
Property Owner:
Applicant/Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-087
STAFF REPORT
Chairman and Members
Planning and Development Board
Michael W. Rumpf
Director of Planning and Zoning
Hanna Matras
Senior Planner
November 3, 2009
Casa Del Mar Yacht Club / REZN 09-003
Request to rezone 4.11 acres of property from Infill Planned Unit
Development (IPUD) with a master plan for a multifamily use to
IPUD with a master plan for a marina use.
PROJECT DESCRIPTION
Lancore Nursery, LLC
Lancore Nursery, LLC / Bonnie Miskel, Esq., and Lauren Lending, of
Siegel, Lipman, Dunay, Shepard, & Miskel, LLP
2632 North Federal Highway - east side of Federal Highway, North of
Dimick Road (see Location Map - Exhibit "A")
Special High Density Residential (SHDR) with a maximum density of 20
units per acre
Infill Planned Unit Development (IPUD) with a master plan for a
multifamily use
No change proposed to land use classification
Infill Planned Unit Development (IPUD) with a master plan for a marina
use
Marina / yacht club
4.11 acres (179,130 square feet)
- 176 -
North:
To the north, property classified Special High Density Residential (SHDR)
and zoned Infill Planned Unit Development (IPUD), approved as
Peninsula at Boynton Beach for 30 townhomes and 40 condominiums
(the project is partially built and currently in foreclosure);
South:
Right-of-way for Dimick Road, and farther southwest, a vacant parcel
classified Local Retail Commercial (LRC) and zoned Community
Commercial (C-3),and farther south, several single-family residences on
the south side of Dimick Road classified Low Density Residential (LOR)
and zoned Single-Family Residential (R-1AA), with the exception of a
single-family home adjacent to the vacant commercial property, which is
zoned C-3;
East:
The Intracoastal Waterway (ICWW) to the northeast, and to the southeast
right-of-way for Lake Drive and single-family residences on the east side
of Lake Drive that are classified Low Density Residential (LOR) and
zoned Single-Family Residential (R-1AA); and,
West:
Right-of-way for Federal Highway to the northwest, and farther west
across Federal Highway, the Crossings PUD classified High Density
Residential (HDR) and zoned Planned Unit Development (PUD); to the
southwest, developed commercial property designated Local Retail
Commercial (LRC) and zoned Community Commercial (C-3).
BACKGROUND
In July of 2006, the subject property was approved for the 82 multifamily unit project, Casa Del Mar.
The approvals included a land use amendment (LUAR 06-018) to the Special High Density Residential
(SHDR) classification, a rezoning (LUAR 06-018) to the Infill Planned Unit Development (IPUD) zoning
district, a new site plan (NWSP 06-015), and a height exception (HTEX 06-007). The approvals were
granted at the peak of the housing market boom; the market started to deteriorate soon thereafter,
undermining the financial feasibility of the project. Consequently, the property owners applied for and
obtained three one-year time extensions - in 2007 (SPTE 07-009), 2008 (SPTE 08-009) and 2009
(SPTE 09-010) - for the site plan and height exception. The last one, granted on September 14th, 2009,
will expire on July 18, 2010.
Currently, the real estate market remains severely depressed and generally unsupportive of residential,
and particularly multifamily projects. Given the still high unsold inventory, constrained access to
financing and rising unemployment, a turnaround is not expected in the near future. Moreover, the
multifamily market is likely to take much longer to recover.
While retaining the current approvals, the applicant has turned to a non-residential option for the
development of the property and is requesting an approval for rezoning to the Infill Planned Unit
Development (IPUD) with a master plan for a marina use. The property is presently zoned IPUD;
however, pursuant to the Land Development Regulations, approval of the proposed new master plan
must be processed as a part of rezoning.
To accommodate the proposed use in the IPUD zoning district, the city has approved, on December 1,
2009, interim amendments to the Land Development Regulations (LOR), which correspond with the
concurrently approved Comprehensive Plan text amendments. The Comprehensive Plan text
amendments incorporate "surface water" provisions that support greater water access including
accommodations for marina uses in the coastal area consistent with the County's Manatee Protection
Plan. The code amendments implement Policies 1.3.1 and 7.11.7 with land development regulations
- 177 -
that incorporate into the Infill Planned Unit Development District (IPUD) use provIsions and
development standards to guide the addition of certain marine-oriented and water-dependent uses.
In addition to rezoning, the applicant's requests include a conditional use/site plan and two variances
which are being processed concurrently.
MASTER PLAN DESCRIPTION
As indicated in the Background section, Land Development Regulations require approval of a master
plan concurrent with approval of a rezoning to the Infill Planned Unit Development (IPUD) district. If the
project is to be constructed in one (1) phase, a site plan may take the place of the master plan, as is
requested in this case.
The Master Plan / Site Plan proposes a Marina / Yacht Club, which would include 320 dry and 35 wet
slips, and 75,013 square feet of building area. Proposed buildings include the following: one-story boat
sales showroom and office (5,000 square feet); boat (dry stack) storage (55,173 square feet) at 66 feet
in height; 3-story club house, retail store, offices (9,986 square feet); one-story boat staging and
washdown (4,454 square feet); and dock hand pavillion (400 square feet) with 99 parking spaces on
site, including four (4) spaces designated for handicap use. and pedestrian connectivity throughout the
site.
REVIEW BASED ON CRITERIA
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land
Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis
when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map
or a rezoning.
a. Whether the proposed rezoning would be consistent with applicable comprehensive plan
policies including but not limited to, a prohibition against any increase in dwelling units
exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach
County Emergency Planning Division and the City's risk manager. The planning department
shall also recommend limitations or requirements, which would have to be imposed on
subsequent development of the property, in order to comply with policies contained in the
comprehensive plan.
The proposed rezoning includes a master plan for a marina / yacht club, a non-residential use,
therefore the first part of the criterion (a) is not applicable.
The subject request is clearly consistent with several of the City's policies, while a number of other
policies raise issues that need to be addressed. The following Comprehensive Plan policies are
relevant in review of the request:
Land Use Element:
Policy 1.3.1 (a) In addition to other allowed non-residential uses, the City may allow marine- oriented
and water-dependent uses in the Special High Density Residential category in
conjunction with the Palm Beach County Manatee Protection Plan (the MPP) as
adopted in August of 2007. A site for a proposed facility must be designated as
'fpreferrecJ'W:JJ/f/D11 by the Boat Facility Siting Plan contained in the MPP and must be
consistent with all applicable Plan recommendations and policies for boat facilities.
The City shall also establish land development regulations that maximize land use
- 178 -
compatibility and protect residential neighborhoods from negative impacts of subject
uses.
Policy 1.17.1 The City shall continue to attract a mix of high value industrial, commercial and
residential development that will strengthen the tax base and generate employment
opportunities for residents without affecting the City's neighborhoods and community
character.
Coastal ManaQement Element:
Objective 7. 11 The City shall continue to search for opportunities to increase the amount of water-
dependent and water-related uses and public access to beach and shoreline facilities
by prioritizing shoreline uses with priority given to water-dependent uses.
Policy 7. 11. 1 The City shall continue support, through resolutions, area-wide efforts to acquire and
develop additional waterfront and beachfront sites on the condition that such increases
do not harm natural resources.
Policy 7. 11.4 The City shall consider, cognizant of impacts to established uses, criteria for marina
siting to give priority to development plans which increase public interaction with the
waterfront. The City shall consider developing performance standards which guide the
review of proposals in this respect.
Policy 7.11.7 The City shall ensure that any new marina or marina expansion minimizes impacts on
coastal and marine resources by coordinating review of marina development with input
from all appropriate federal, state, regional, and county agencies. The City shall
establish land development regulations regarding marina siting consistent with the
Palm Beach County Manatee Protection Plan.
Policy 7.11.8 The City shall only allow for location of marinas, boat ramps and other water-dependent
uses in a manner which protects sea grass and manatees. (....) To further this goal,
new marinas shall only be permitted within the areas identified as a "Preferred" siting
category in accordance with the Palm Beach County Manatee Protection Plan.
InterQovernmental Coordination Element:
Policy 8.13.6 The City shall support the implementation of the Palm Beach County Manatee
Protection Plan, and coordinate with the County on all issues regarding compliance
with the MPP's Boat Facility Siting Plan.
The request is generally consistent with the above cited policies, especially policies related to Objective
7.11 of the Coastal Management Element, which promotes opportunities to increase water-dependent
and water-related uses. Moreover:
(1) The marina siting in the proposed rezoning complies with the Boat Facility Siting Plan (BFSP),
incorporated into the Palm Beach County Manatee Protection Plan (MPP). The subject property is
located along the only segment of the City's shoreline designated as "Preferred" in the BFSP: policies
1.3.1 (a) of the Land Use Element and 7.11.8 of the Coastal Management Element limit permitting new
marinas to areas with the "Preferred" designation; and
(2) The proposed marina use represents a potential significant economic benefit to the city in terms of
direct and indirect job generation.
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Any potential benefits of the subject rezoning, though, need to be weighted against issues involving
land use compatibility and protection of community character, as stated in Policy 1.17.1. The main
intent of this policy is to protect existing and stable single-family residential neighborhoods. This intent
is also present in the 2001 Federal Highway Corridor Community Redevelopment Plan (the subject
property is located in the Planning Area I): the Plan recommends establishment of appropriate
development standards to accomplish this goal. These recommendations were implemented through
the 2004 amendments to the IPUD regulations.
The recently amended Policy 1.3.1 (a) of the Future Land Use Element, that allows marina uses in the
Special High Density land use designation, requires the City to make additional enhancements to land
development regulations that maximize land use compatibility and protect residential neighborhoods
from negative impacts of such uses. This requirement was met through the recently approved
amendments to the IPUD (see the Background section). The amendments include provisions to
address and mitigate potential negative visual and non-visual impacts of the proposed use, such as
noise and traffic, on the surrounding residential areas. However, the amended IPUD district regulations
allow a maximum building height of 45 feet, while the master plan indicates a proposed height of 66
feet for the boat storage building. Staff concludes that, for the proposed height, the protection afforded
by the current regulations of the IPUD zoning district would not be adequate to ensure reasonable land
use compatibility between the proposed project and the surrounding single family neighborhoods.
As stated, the applicant has applied for a height variance. Further analysis of this issue can be found in
the staff reports for the corresponding variances and conditional use/site plan requests.
b. Whether the proposed rezoning would be contrary to the established land use pattern, or
would create an isolated district unrelated to adjacent and nearby districts, or would
constitute a grant of special privilege to an individual property owner as contrasted with the
protection of the public welfare.
The land use patterns in the subject area are fairly diverse, and include both residential uses - of
various densities, from high to low - and commercial uses on east side of US1, facing the roadway.
There is another marina directly north of the City's boundary.
The adjacent property north of the subject parcel is the site of the partially built "Penninsula" project,
and is zoned IPUD. However, the project is a residentiallPUD. It still may be argued that the proposed
rezoning relates to adjacent and nearby districts through its potential job creation and recreation value.
Moreover, there would be a market potential for the marina spin-off businesses to locate on nearby
commercial parcels. Nevertheless, serious incompatibility issues related to the requested height
remain (see the previous section).
c. Whether changed or changing conditions make the proposed rezoning desirable.
As discussed in the Background section, the current approval for a residential project on the subject
site will expire on July 18, 2010. The project is one of the many casualties of the residential market
collapse. It is highly unlikely that it will be financially feasible in the nearest future. Moreover,
commercial and industrial markets are also depressed. A marina / yacht club is a niche commercial
use, and there are indications that "luxury" spending has to some extent recovered. Therefore, the
"changing conditions", understood as changing market conditions likely make the proposed rezoning
desirable. Moreover, the ongoing recession has underscored the need for diversification of the City's
economy, for the benefit of both the community Uobs) and the City (diversification of the tax base).
d. Whether the proposed use would be compatible with utility systems, roadways, and other
public facilities.
The proposed mixed-use development is compatible with utility systems, roadways, and other public
facilities. This conclusion is based on the following analyses:
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Potable Water and Sewer
Demands for water and sewer capacity will increase due to the addition of 75,013 square feet of a
marina use onto the site. Total project demand for potable water is estimated to increase by 10,625
gallons per day; demand for sewer capacity is estimated to increase by 8,500 gallons per day.
The following is the information regarding the city's water and sewer capacity:
Water Plant capacity 29 MGD peak daily flow
SFWMD permitted withdrawals 20.9 MGD annual average daily flow
Contracted amount to purchase from County 5 MGD peak daily flow
Wellfields' permitted capacity 20.9 MGD annual average daily flow
Total Water System capacity 25.9 MGD annual average daily flow
Expiration date of water use permit December 2029
Sewer Plant capacity 24 MGD annual average daily flow
Committed or allocated capacity* 19 MGD annual average daily flow
* Committed and allocated capacity includes current flows and future flows committed for projects that have been
approved but not yet completed
Traffic
Since no change is proposed to the existing land use classification of Special High Density
Residential, long-term traffic impact is consistent with the vested maximum use intensity of said
classification.
The applicant has also submitted a concurrency traffic impact analysis to ensure compliance with
the Traffic Performance Standards (TPS) of Palm Beach County. A concurrency determination is
required for a site plan (see the conditional use/site plan staff report for comments regarding this
analysis).
Solid waste
On January, 2009, the Palm Beach County Solid Waste Authority notified the City that the sufficient
disposal capacity will be available at the existing landfill through approximately the year 2024.
Drainaqe
Drainage will be reviewed in detail as part of site plan review, and must satisfy all requirements of
the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future use of
adjacent and nearby properties, or would affect the property values of adjacent or nearby
properties.
See narratives for (a) and (b) above. If approved at the permitted height of 45 feet, the rezoning is
reasonably compatible with the current and future use of adjacent and nearby properties. The Federal
Highway Corridor Community Redevelopment Plan does not at present recommend intensification of
land use in the subject area; however, future planning for energy-efficient land use patterns connected
to the FEC corridor transit plan is likely to produce - in the long term - redevelopment with intensities
and heights beyond the current pattern.
If approved at the permitted height, the rezoning may have a positive impact on local property values.
Assumptions regarding the future redevelopment trends would push the property values higher as
significant number of buyers may be attracted to the idea of living in the vicinity of a yacht club.
Moreover, high aesthetic quality of the project would enhance the quality of the neighborhood.
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Conversely, at the proposed height, many buyers for single-family homes may be deterred from
acquiring property adjacent to the project, which would result in lower property values.
f. Whether the property is physically and economically developable under the existing zoning.
Since the IPUD is a planned zoning district, the question is whether the existing residential Casa Del
Mar project is physically and economically feasible. There have not been any physical constraints to the
project, but, as explained in section (c), in the short term it remains economically unfeasible.
g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the
neighborhood and the city as a whole.
Most issues pertaining to this question have already been discussed in sections (b), (c), and (d). The
project would benefit the City through its contribution to the economic growth and the tax base. The City
would also expand its water-based industry - an important benefit for a community with a significant
shoreline. Therefore, the request is "reasonably" related to the needs of the City as a whole. However,
it is staff's opinion that, at the requested height, the project is out of scale with the neighborhood, and
its anticipated benefits do not outweigh its potential negative impacts. As noted before, the mitigation
measures employed in the project design cannot adequately address such potential incompatibility
issues.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts
where such use is already allowed.
Pursuant to the City's Comprehensive Plan policies discussed in section (a), new marinas can only be
permitted within the areas identified as a "Preferred" siting category in accordance with the Palm Beach
County Manatee Protection Plan. At this time, there are no adequate and available sites along the
City's coastline within the "Preferred" marina siting designation.
RECOMMENDATION
As indicated herein, staff has reviewed the proposed rezoning using the criteria listed in the Land
Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. The request
is consistent with several Comprehensive Plan policies; it has also been established that the proposed
development will not create additional impacts on infrastructure that cannot be accommodated within
existing capacities. The project would also contribute to the overall economic growth of the City.
However, staff has concluded that, at the requested height of 66 feet, the incompatibility issue cannot
be adequately addressed. The project's design would effectively mitigate potential negative impacts on
the surrounding single-family neighborhoods at the allowed height of 45 feet, in which case any
remaining concerns would be offset by the project's significant benefits.
Staff cannot support the proposed rezoning with the proposed height and therefore recommends that
the rezoning request be approved subject to compliance with the maximum height allowed in the IPUD
zoning district.
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8. C
PUBLIC HEARING
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
i:8J PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: Pro-Golf / Mega Mini (ADAP 09-002), Administrative
Appeal, located at 2951 SW 14th Place. Request approval for an appeal of an adm inistrative
determination that a storage bay shall not be used to manufacture, fabricate or process goods in a self-
storage facility in the M-1 Zoning District as indicated in Chapter 2. Zoning, Section 11. O.1.c. Applicant:
Michael Weiner, Weiner & Associates, P.A.
This item was TABLED at the December 15,2009 City Commission meeting in order for the applicant to
satisfy the prerequiste public notification requirements.
EXPLANATION OF REQUEST: Appeal of administrative determination involving the limitation on
business activities within a self storage establishment as regulated by the
M-1 Zoning District, Chapter 2. Zoning Section 11.0.1.c. The Planning and Development Board
reviewed this item on October 2ih and on November 24th, and forwards it to the City Commission with a
recommendation (by a 4-3 vote) to approve the appeal to allow existing bays to be used by businesses
in accordance "with the M-1 zoning district in effect in 1974" (at time of original approval and
construction). Staff continues to oppose the appeal, based on the significant evidence that the original
approval, including site design and construction, was intended for, and limited to storage/warehouse use.
Although the appellant continues to claim that the original approval and construction was intended for
business activities consistent with the M-1 zoning district and not limited to storage/warehouse use, no
supporting documentation has been provided. Further, the applicant has a false understanding of when
the project was approved and built. Subsequent to the Board hearing, staff confirmed the original
approval occurred in 1979 (the applicant claims 1974 to be the date of completion). Although, staff has
been unable to locate the necessary historic site plan or original files, staff has presented to date
substantial evidence necessary to support its position regarding the original approval and intended use
(storage/warehouse). This evidence is documented in staff memorandum #PZ 09-002 and #PZ 09-080,
and in part, is based on parking calculations, construction characteristics, historic and current building
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codes, markings on newer site plan documents, minutes from initial site plan approval, Business Tax
Records, historic and current zoning regulations, and County Property Appraiser records.
The most recent finding, which further supports staffs position, includes the minutes from the
original site plan approval hearing where the project was described as "400 mini warehouses"
in a first phase, and the agent was recorded saying:
"they would be mini-warehouse units varying in size from 5 x 10' to somewhat
larger" ;
"local business people using them to store materials" (in describing how a similar
project serves businesses in Boca Raton);
"the intent was that any office space would be in conjunction with a storaqe area"
(describing the purpose for individual offices); and
"the parking requirement for dead storaqe is very low" (stated to describe the
general low parking characteristics of the project).
Staff acknowledges that errors may have been made in the past processing of a few business
applications; however, such historic actions should not be the basis for supporting the appeal.
Furthermore, the Commission should clearly understand that the subject property and improvements do
not satisfy the requirements of the building codes for business occupancies. The use of the property for
many uses allowed in the M-1 zoning district would exacerbate current unsafe conditions and represent
a further violation of applicable building codes (the appellant requests that the improvements should also
be "grandfathered" along with the use/zoning, and that any physical upgrades would be cost prohibitive).
The Commission should also seriously consider the potential negative precedence to be set if the appeal
were approved. The City contains several other old storage businesses that could use such action to
justify the filing of similar appeals, or to justify similar business activities in non-code compliant conditions.
Staff will be prepared to fully explain the statements made herein, including detailed information on
current business approvals and current site conditions and citations.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval of appeal could cause an
increase in needed site inspections by Building, Business Tax, Code Compliance and Fire
personnel, or an increase in needed emergency service actions if unsafe conditions worsen.
FISCAL IMPACT: N/A
ALTERNATIVES: Deny appeal, or denial appeal and direct staff to evaluate regulations and site
for minimal amendments and modifications to support limited business activity in a code
compliant and safe manner.
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DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 09-002
TO:
Chair and members
Planning & Development Board
FROM:
Maxime Ducoste-A.
Zoning and Business Tax Manager
THROUGH:
Michael Rumpf
Planning and Zoning Director
DATE:
September 15, 2009
RE:
Pro-Fit Golf / Mega Mini (ADAP 09-002)
Appealing administrative determination that a storage bay shall not be used to
manufacture, fabricate or process goods in a Self-storage facility bay in the M-l
Zoning District (see Exhibit "A" -Location Map) in accordance with
Chapter 2. Zoning, Section 11.O.l.c
BACKGROUND
On July 14,2009, the city received a letter from Michael Weiner, attorney with the firm of Weiner &
Aronson, P A representing a request for an appeal of an administrative decision, which was a zoning
determination made on July 1 st, 2009 (see Exhibit "B"). More specifically, the letter claims that a
business named "Pro-Fit Golf Equipment" should be allowed to operate an assembly, repair, wholesale
and distribution use in a self-storage facility bay in the M-l Zoning District. The proposed use, which
involves the assembly, repair and wholesale distribution of golf equipment, is allowed as a
manufacturing use within an M-l district, but is more intense than, and is subject to greater site design
standards and higher building codes than self storage uses. The basis for the administrative denial of the
use is clearly in accordance with Chapter 2. Zoning, Section 11.O.1.c. Supplemental Regulations (see
below).
c. Use of bays. The use of storage bays shall be limited to dead storage of
household goods, personal property or records for commercial businesses. Storage bays shall not be
used to manufacture, fabricate or process goods; service or repair vehicles, boats, small engines or
electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any
kind; or conduct any other commercial or industrial activity. Individual storage bays or private postal
boxes within a self-service storage facility shall not be considered a premise for the purpose of
assigning a legal address in order to obtain a business tax receipt or other governmental permit or
license to do business. "
Mr. Weiner requests that the subject use be construed as an allowed use within the City's M-l, Industrial
zoning district to the same extent as other industrial uses are permitted in a standard industrial bay.
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Justifications provided to support the request of the Appellant emphasized that all uses in the M-l
district have historically been allowed to operate on the subject property.
On July 1 st, after conducting the appropriate review, staff replied in writing to the request for zoning
approval for the subject use (see Exhibit "C"). Staff denied the request that the subject use be allowed at
the proposed location, based on the sound conclusion that the subject use possesses characteristics that
are clearly industrial in nature as described by, and not allowed at a self storage use, per Section
l1.0.1.c.. The use would be categorized as a wholesale/distribution, manufacturing use and is allowed in
all other industrial warehouse spaces in the City's industrial zoning district. Further, the administrative
decision is solely based on the City's definition of, and regulations for self service storage facilities
(mini-warehouse), pursuant to the Supplemental Regulations which sets the parameters for regulating
self-storage facilities within the City. The City's zoning code definition and the supplemental
regulations clearly prohibit any type of processing and manufacturing within individual storage bays.
In a letter dated July 14, 2009, Mr. Weiner appealed the staff determination thereby requesting that the
matter be reviewed by the Planning and Development Board and City Commission (see Exhibit "D").
The City's Land Development Regulations, Part III, Chapter 1.5, Section 4. 1 (E)(3) provides for the
review of appeals of the decisions of an administrative official, by individuals who may be affected by
any decision of an administrative official interpreting any zoning ordinance. The only procedural rule
stated in the LDR is that the appeal be made within 30 days from the date of the administrative action.
The subject appeal has been filed consistent with this requirement.
FINDINGS AND ANALYSIS
The staff analysis on which the original determination was based, concentrated on the following:
1. The intent and nature of the M-l zoning district;
2. The characteristics of a self storage facility (mini -warehouse); and
3. The intent and nature of the Supplemental Regulations for self-storage facilities;
Section 8.A of the city's zoning regulations describes the intent of the M-l zoning district to"... provide
appropriate space for industrial uses, wholesale and distribution and manufacturing uses, located to
provide use compatibility to all.". The M-l district includes the following uses (paraphrased):
Stone cutting and finishing Carwashes*
Catering and food services Millwork and truss plants as specified in
Section 8.A2. *
Warehouses, Self service storage facilities Bulk or non-bulk wholesale or retail sale of
(mini-warehouses) in accordance with solvents and cleaning preparation
Section 11.0
Machine shops, welding and metalworking Medical or scientific research which
shops, tinsmith and sheet metal fabrication involves the use, treatment, storage or
processing of human or animal bodies or
body parts *
Manufacturing, fabrication and processing Service, repair, rebuilding, and storage of
of plastic products automobiles, buses, trucks, and other motor
vehicles
Manufacturing, fabrication and processing Print shops, photographic laboratories
of fiberglass
Printing, publishing, book-biding, etc Manufacturing of furniture, cabinets and
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wood fixtures
Storage, distribution, wholesale of Medical and dental labs
chemicals, pesticides and herbicides
Chemical cleaning and etching of metal Storage, distribution of building materials
Tire recapping Industrial launderers, laundry and dry-
cleaning plants
(Note: conditional uses are identified with the "*")
Intent and Nature ofM-l Zoning District
The above table represents an array of use categories that primarily include manufacturing, assembling,
distribution, etc. Furthermore, it should be emphasized that those uses are listed as principal uses in the
M-l district including as an independent principal use, self-service storage facilities.
Such uses are directly related to either the manufacturing industry or provide a related and necessary
professional service such as that required in connection with the manufacturing, assembling, and
distribution of goods. The list above also includes heavy industrial uses that are typically accommodated
in the industrial zoning district based on zoning practice, law and compatibility.
Under Section 8 A 1. M-I, Industrial district, numerous uses are identified as being allowed or
permitted, and are grouped into 4 categories. The categories are listed as follows: permitted by-right;
permitted uses subject to distance requirement; permitted uses which use, handle, store, display, or
generate hazardous materials, waste or toxic substances; and conditional uses.
Section 8.Al.c., which defines the permitted uses in the storage, distribution and wholesale
subcategory, includes 17 separate use groups. Further, self storage facilities (mini-warehouses) are
permitted in the industrial district as a principal use. Contrary to the Appellant's interpretation, the intent
of the code was not to combine all permitted uses of the industrial district under the self-storage facility
use, but to distinguish self-storage as an independent, specific use consistent with the uniqueness of the
corresponding regulations.
Characteristics of Self Storage Use Categorv
It is traditional and typical for uses such as self storage facilities to be located in the industrial district in
relative proximity to small business and residences. This use includes distinct limited services such as
individual leased bays to persons for dead storage of household goods, personal property or records for
commercial businesses. The nature and characteristic of this use category is to provide an alternative
means for storing household goods and a commercial storage support service such as record keeping,
while excluding any form of manufacturing, fabrication, or processes that are otherwise limited to
properly designated sites and buildings in the M-l district.
The subject property was improved with a self storage facility. The design and construction was based
upon minimal occupancy and moderate to low hazards present in and around the building. This has been
the conclusion from the City's Building Official, Wayne R. Bergman (see Exhibit "E") dated September
1 st, 2009. According to Mr. Bergman, the Florida Building Code classifies self storage uses as an S-l
use/occupancy group. Over time several units have been occupied by light manufacturing uses (F-l or F-
2 use/occupancy groups). These changes trigger several requirements of Chapter 9, Existing Buildings of
the Florida Building Code. Each individual unit subject to the occupancy change may require fire-rated
partition walls, changes to the required means of egress, handicap accessibility, fire protection upgrades,
electrical upgrades, mechanical improvements, and proper chemical and hazardous material storage.
Pro-Fit Golf Equipment - Assemblv, repair. wholesale and distribution as Principal Use
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In contrast, the Pro-Fit Golf Equipment business is a company whose primary business is that of
assembly, repair and wholesale distribution of golf equipment. According to the application submitted
to the Business Tax Division, the product line consists of golf equipment intended for amateur use. It is
understood that the equipment is assembled, manufactured and repaired onsite, in the self-storage bay.
Furthermore, the operation consists of using equipment that is typical oflight to industrial operations
allowed in the M-l zoning district, but specifically prohibited from operating within a self storage
business pursuant to Chapter 2. Zoning, Section 11.0 .l.c of the Land Development Regulations.
Site Design requirements, characteristics and intensity
As stated previously, the subject property was improved with a self storage facility in March 1987 (see
Exhibit "F" Approved Site Plan). The design and construction was based, in part, upon minimal
occupancy, minimal traffic generation, and remote and limited parking for storage use. The original
parking requirement for the self-storage use was based on the total square footage of the facility. The
subject property was approved for and included several buildings for a total of 120,000 square feet. As
such, the required number of parking spaces for the proj ect is 150. The approved development provided
216 spaces. Currently, the minimum parking requirements for a multi-access self-storage facility is
based on a ratio of 1 space per 200 storage bays, plus 1 space per 300 square feet of office space and 2
security spaces. Additionally, it requires 1 space per 5,000 square feet of paved and unpaved outdoor
area used for storage. There are a total of 484 bays in the facility, according to the owner, Bill Thomas.
As such, the minimum required parking for this project would be 6 spaces.
Since the project was approved in 1987, warehouses and other storage facilities, including mini-
warehouses and warehouse-industrial complexes were required to provide 1 parking space per 800
square feet of gross floor area, but not less than 2 parking spaces per rental unit of 500 square feet of
gross floor area or greater; plus required parking spaces for any other principal uses, including retail and
office floor area (see Exhibit "F", City's Land Development Regulations - 1981).
In contrast, the Appellant' approach is that 216 of the 484 storage bays are subject to this appeal because
those bays have electrical meters and have hinged doors. Using this approach, 216 bays could be used
for any uses allowed in the M-l Zoning District. However, this methodology would require a greater
number of parking spaces as each bay would constitute a change in occupancy, warranting a greater
need for parking spaces and landscape requirements. Therefore for every storage bay a minimum of 4
parking spaces is required for any nonresidential use as per Chapter 2 Zoning Section 11.H.5 or any
parking ratio required by the zoning code. As such, the total minimum parking required for the 216
storage bays would be 864.
Staff concludes that the project was originally intended to be used for self-storage (mini-warehouse) for
the storage of goods. The layout of the site does not accommodate proper access and drive aisle
circulation. Further, patron parking spaces, including ADA required spaces and accessible routes, are
not provided and located adjacent to individual bays, as would be required in a conventional warehouse
proj ect.
Historic approval and response to Appellant statements
As stated previously, the subject property was approved for and improved with a self storage facility in
March 1987. Subsequent to approval of the original site plan, modifications and expansions were
approved. On November 18, 1986, a two-story, 19,000 square foot addition was approved. Further, on
April 21 st, 1987, two buildings totaling 18,053 square feet were approved. The minutes of both meetings
indicate that the new buildings and addition were to be used solely for storage and specialized storage,
respectively (see Exhibit "G").
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As part of the appeal, the appellant provided a list of business approvals and points out the presence of
electrical meters, prior business tax receipts, and existence of "man doors", as evidence that the City
acknowledged, and that the property was designed for individual businesses.
The list provided by the appellant includes 42 businesses that were processed at different times within a
period of approximately 20 years. These approvals were granted in error; an oversight made prior to the
consolidation of the Planning & Zoning Division and Occupational Licensing, when zoning reviews
were not conducted in close conjunction with the City's zoning function but by licensing staff with
limited familiarity with the City's Zoning Regulations. Overtime, several of those businesses have
discontinued through attrition, and some identified by staff and intentionally not renewed. However,
staff is currently aware of, and can confirm a total of three business tax receipts for non-conforming
businesses at this location, in addition to the receipt for the self-storage use.
With respect to the electrical meters, staff can only confirm the presence of a main electrical room with
several Florida Power and Light meters located on the west side of the two-story building. Currently,
staff is unaware of any other electrical meters for the self-storage use.
In response to the existence of "man doors", this requirement is related to the Building Code. As stated
in Exhibit "G", Minutes from the Planning & Development Board, March 10, 1987, exit doors are
required if the storage space exceeds 200 square feet. The requirement of an exit door is a swinging door
or man door. To meet the Building Code requirement relates to egress, the roll up doors were allowed
with an access swing door for existing the storage space.
With respect to the current business tax receipt designation of "General Warehouse/Storage", this is a
broad designation for business tax purposes, which includes warehouses, self-storage bays, etc. The
City's business tax designation is a comprehensive system which provides a designation or label for the
majority of uses. However, the business tax receipt designation or category does not govern allowed
uses; the zoning code takes precedence. Further, a warehouse designation does not imply, include, or is
not synonymous with manufacturing, assembly, cutting, fabricating, repair, etc.
CONCLUSIONS/RECOMMENDA TIONS
Staff recommends that the appeal be denied, and that the staff determination regarding the denial of
using storage bays in Self-storage facilities (mini-warehouses) as allowed in the M-l Zoning District, as
required by Section 11.O.1.c, Supplemental Regulations be upheld. This recommendation is based, in
part, on the following:
1. The operation of the subject use, Pro-Fit Golf Equipment, consists of a principal use that is
clearly defined and allowed under Section 8.A.1.a of the M-l, Industrial District;
2. Self-storage facilities are allowed as principal uses in the M-l zoning district. The bays of any
self-storage facility are not intended to be used to manufacture, fabricate or process goods;
service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar
repair activities; conduct garage sales or retail sales of any kind; or conduct any other
commercial or industrial activity pursuant to Section 11.0 .l.c. ;
3. The use as proposed would exceed the capacity of the site, and clearly be non-compliant with the
City's development standards;
4. The use of self-storage bays for business operation would represent an immeasurable, serious
safety hazard and the subject of a dangerous precedence setting action;
5. There are other use provisions within the M-l zoning district that clearly accommodate the
subject use, and many other properties zoned accordingly.
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Lastly, consideration should also be given to an inevitable consequence if this appeal is approved. Such
approval could support subsequently-filed similar appeals, and ultimately weaken the definitions and
interpretations that differentiate self-storage facilities (mini-warehouses) from other uses that allow
manufacturing, assembling and distribution processes. This action could affect use compatibility,
availability of land for the intended businesses and present a challenge to meeting the more intensive
building code and applicable parking requirements as well as circumvent proper traffic impact review as
required by Palm Beach County. Further, if this appeal is approved it would create inequity among small
business owners, given that many abide by the respective standards and building codes that the subject
business and property owner circumvent. However, should the Commission choose to support the
appeal, it should be emphasized that the City's zoning regulations must be amended, and the project
would have to be reviewed and improved accordingly to ensure compliance with all minimum site,
building, plumbing, electrical, mechanical, and fire prevention codes.
MR/MD
Attachments
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~~
230
460
690
920 5
I Feet
- 192 -
MICHAEL
WEINER & ASSOCIATES, P.A.
ATTORNEYS AT LAW
EXHIBIT B
U @
10 S.E. 1s: Avenue, Suite C
Delray Beach. Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: mweiner(a:)zonelaw com
JUL 1 4 2009
MICHAEL S. WEINER
JASON S. MANKOFF
KERRY D. SAFIER
July 14, 2009
Mr. Michael W. Rumpf
Director of Planning & Zoning
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
Via Hand Deliverv
Re: Administrative Appeal
Our File No,: SPSC002
Dear Mike:
This letter is an administrative appeal ("Appeal") of a decision of an
administrative official pursuant to Chapter 1, General Provisions, Article VII, Section 1,
Appeals, of the City of Boynton Beach Land Development Regulations ("LDRs"). This
Appeal is being made by Michael Weiner & Associates, PA., counsel for the aggrieved
parties, Pro-fit Golf Equipment and Mega Mini Co. (Ltd.), (collectively "Appellant"), the
latter which is the owner of the property located at 2951 SW 14th Place, Boynton Beach,
Florida ("Premises"). The decision being appealed is that the business operations of the
Appellant are not permitted in the M-1 Industrial District ("M-1 "). The administrative
decision was made in theletterto our client from Mr. Maxime Ducoste-A,dated July 1,
2009 ("Ducoste Letter"), a copy of which is attached as Exhibit "A".
Since this is an Appeal of an administrative decision, I understand that the City
Commission will hear and decide this Appeal. Since the decision was rendered on July
1, 2009, this Appeal is timely filed within fifteen (15) calendar days, as required. This
deciSion is being appealed on two separate grounds, as will be explained further in the
Appeal The first reason is because the operations of the Appellant are in fact a use
that is permitted within the M-1. In the alternative, all uses in the M-1 have historically
been permitted to be operated at the Premises.
Enclosed please find a check in the amount of $750.00 representing the fee
required for this Appeal. Pursuant to our discussion, I am confirming that a survey is
not necessary for the filing of this Appeal; however, jf subsequently you decide tha~ you
need a survey, one will be provided to you.
- 193 -
July 14,2009
Page 2 of 3
EXHIBIT B
A Business Tax Receipt exists for the Premises under the name of Space Plus
Storage Center and is attached as Exhibit "B". The Business Tax Receipt clearly
indicates that general warehouse use is permitted at the Premises, Attached as Exhibit
"C" is evidence that a Business Tax Receipt for general warehouse has been issued
since at least 1999. This is the eariiest date for the records of the Business Tax Receipt
section of the City of Boynton Beach Online Services Website. There are 629 leasable
spaces ("Leasable Spaces") which consist of 413 dead self.storage bays ("Bays") and
216 larger warehouse units ("Units"). Attached~as Exhibit "0" is a Site Plan prepared
by Jacek Schindler, RA showing the iayout of the Premises. Attached as Exhibit "E"
is a breakdown of the Leasable Soaces indicating which Units are subject to this
Appeal.
L Uses Permitted in M-1 industrial District
The property is located in the M-1, Section 8 of Chapter 2 of the LORs is titled M-
1 lndustriai District Regulations and Use Provisions. There are numerous permitted
uses in the M-1, summarized as follows (reference numbers provided below are LDR
Section numbers):
y Section SA 1.a, provides that manufacturing, fabrication and processing
are permitted uses; there are 21 separate subsections providing for many
more permitted uses under this Section.
r' Section SA 1.b. provides that commercial services are permitted uses;
there are 16 separate subsections providing for many more permitted
uses under this Section.
>:' Section 8A 1.c provides that storage, distribution and wholesale uses are
permitted uses; there al'e 17 separate subsections providing for many
more permitted uses under this Section.
y SectionBA 1.d. provides thaUransportation,communicalion, utilities and
miscellaneous uses are permitted uses; there are 9 separate subsections
providing for many more permitted uses under this Section.
};.o Section SA 1.e provides that any commercial use not specifically listed as
a permitted or conditional use in any other zoning district and which is not
listed as a prohibited use in the M-1 zoning district is permitted.
Section 8A1.c.(1) provides that the following uses are permitted: warehouses,
self-storage facilities (mini warehouses) in accordance with Section 11.0 storage
lockers, and cold storage, excluding uses specifically prohibited in Section 8A5,
Ciearly, self service storage facilities are merely one subcategory of a permitted use
pursuant to this Section.
Of the total number of Leasable Spaces, 413 are Bays and are classified as self
service storage fa cilities pu rsuant to 8 Ai. c. (1). These 413 Bays a re thus subject to and
are required to meet the requirements of LOR Chapter 2, Zoning, Section 11.0.1.e,
O:\SPSC002\LEttec to Rumpf re 8f:peal,July 14 20C9.dDC
- 194 -
July 14, 2009
Page 3 of3
EXHIBIT B
which states that the use of storage bays should be limited to dead storage of
household goods, personal property or records for commercial businesses. Thus, these
413 Bays are not sub.iect to this Appeal.
In the storage industry, Bays are generally no larger than 10' x 20', are not
separately metered (as 37 of the Units are), and do not have "man doors". Thus, for all
these reasons, 216 of the Leasable Spaces are not Bays and should not be categorized
as such These 216 Units are a permitted use under either the general warehouse
designation or another permitted use of the M~ 1. Since the 216 Units are permitted
uses, an occupational license should be issued for any such permitted use in the M-1
for any of these 216 Units.
II. Non-conforming Uses
Our client has ovvned and operated this business at the Premises since
approximately 1978.
For numerous years, tenants routinely obtained Business Tax Receipts from the
City of Boynton Beach for a wide variety of permitted uses in the M-1, Please see the
attached Exhibit "F" which is a list of varying businesses for which a Business Tax
Receipt has been issued on the Premises. All information taken has been obt<:iined from
the City of Boynton Beach Online Services Website,
According to the City of Boynton Beach Online Services Website, at least 42
different business operations have applied for and been issued a Business Tax Receipt
at the Premises since 1999, which is the earliest date for records on the website. All of
the businesses are permitted uses in the M~1 under warehouse use and/or other
permitted uses in the M~ 1 .
However, just recently, in addition to the denial of a Business Tax Receiot in the
Ducoste Letter, the City of Boynton Beach Code Enforcement Department has begun to
issue notices of violationspertainingtothesameuses which have always been allowed
to operate at the Premises, These actions are contrary to law.
Please let me know the date of this appeal before the City Commission. We
reserve all rights, including but not limited to the right to submit additional evidence in
support t~~appeal at or prior to the City Commission. heal'ing.
very'! ~r urs,/ .
'10/
M r:;, '~I ,Weiner
MSVV:e
enclosures
cc: Mr. Maxime Ducoste-A (via hand delivery wi enclosure)
James Cherof, Esquire (w/enclosures)
Ms. Janet Prainito, City Clerk (via hand~delivery wienclosures)
MI', Bob Gaudio (w/o enclosures)
O'\SPSC002\Letter to Rumpf re appeal.July 14 2009 do~
- 195 -
EXHIBIT B
fEr.
j)
XHIBITS TO APPEAL
- 196 -
EXHIBIT B
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E, Boynton Beach 80ulevarc
P,O. Box 310
Bvynton Beach, Floflda J34~S-03lO
TEL: 561-742-6260
FAX: $61.7'12.5259
www.boynton-~"ch.orq
July 1"', 2009
Pro-fit Golf Equipment
Robert J. Gaudio
301 Isle of Capri Drive
Fort Lauderdale, FL 33301
Re: Pro-fit Golf EquipmGnt/wholesale distribution
2951 SW 14th Place, Boynton Beac!"l, FL 33426
Dear Mr Gaudio:
Please be advised that the property is zoned M-:, Light Industrial. The existing use of the
property is a self-storage fuciHty (mini-warehouse) known as Space Plus Storage Center. It is
a permitted use in the Industrial District subject to Section 41,0. of the Supplemental
Regulations (see attached).
Staff has considered the proposed use, at the above-referenced address, for the assembiy!
repair, wholesale distrrbution of goff equipments and must deny your request This response
IS based on the fact that the use is proposed to be conducted in a self storage bay.
According to Chapter 2, Zoning, Section 11.0,1 ,c., Supplemental Regulations, the use of
storage b<'lY!,\ s,hallbe limited to dead storage of household goods, per$onal property or
records of commercial businesses.
C. Use of bays. The use of storage bays shall be limited to dead storage of household
goods, personal property or records for commercial businesses. Storage bays shall not be used to
manufacture, fabricate or process goods; service or repair vehicles, boats, small engines or electrical
equipment, or to conduct similar repeur activities; conduct garage sales or retail sales of any kind; or
conduct any other commercial or industrial acbvity. Individual storage bays or private postal boxes
within a self-service storage facility shall not be considered a premise for the purpose of assigning a
legal address in order te: obtain a business tax receipt or other governmentai permit or license to do
business
Therefore, we must deny your request for the above-referenced proposed use at the above-
referenced address. Please contact me shOUld you need assistance in evaiuating any other
locations that would further your business plan
- 197 -
.. Page 2.
Juiy 1, 2009
i trust this adequately responds to your request; however, should you !',eed additions!
information, do not hesitate to contact me at 561~742-6360
Sincerely,
~r
ca- ! -~---
~p"" .,......cc..;:'.
Maxime Ducoste-A.
Zonmg and Business Tax Manager
xc: Michael Rumpf. Planning and Zoning DirectDr
S'\Occupalion"I\LElIER8IYear 2009~M' SIN 14th PIE"" Denial ~I Pro-lit Goll Eo:uipem"n,.t Seff Siorage.doc
- 198 -
EXHIBIT B
; . ",~
~~ ''-'~' i "
- 199 -
EXHIBIT B
l;~H I~r~n"';~~ I nrrHiT'Y)'
HelleV] Urf'mf'
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Online
Services
EXHIBIT B
B,'.U. '(11\ 11c:,~ 'A v
, ..)1 I \J L~,) I, ',/\
forme' 'Cccupatroral ,.rcerls.)s'
Report
I ~u,jness Issued 1
Phone Owner Classification 8usin:es~ Expires
I: N"c:meJfl.ddrc."S5:, Number NamG COd" Status RNWITRN .
SPACE PLUS SnRAGE CENTER (561) i 08/04/?OJ81
2951 SW '4TH PL 7340.30.3 FRIEDT. JR SL"NN GEI'ERAL WAREhOUSE/STORAGE Active I
BOYNTON BEACH FL 3~42d 0813012009
SPACe PLUE STORAGe CeNTeR 1561) 08107/2007
2951 EW '4TH PL 704."303 FRIEDT. JR .SL"NN i G"NERAL WAREFOUSEISTORAGE AcHve 0712912008
BOYNTON BEACH Fl 3342(; 09/30/2008
I sPlice PLUS STORAGE CCNTER! 155') OB/1 umJ06
i ~~5~"?T~'~~~~~ FL 33426 .7:;46303 FRIEDT. JR GLEN" GENERAL WAREHOliSElSTORAGE Activp. 08/06/2007
C9/30/20(.7
SPACE PLUS STORA.GE CENTER I ,56') G8/11120('5
~~~~:c;~~~~~ FL 33425 I IC4-63031 FRIEDT JR GLENN GENERAL VVARDIOUSE/STORAGE Active 08f0912OC'O
C9/30/2006
SPACE PLUS STORA.GE CENTER I ,56<) -- 09117/20C4
;'951 SW 14TH PL '(34-630' FRIFn, JR GlENf! GENERAL VIIAREHOUSC/STORA.GE Active 00109/20C5
BOYNTON BEACH FL33426 v 09130/20C5
I SPACE PLUS STORA.GE CENTER (561) 08127/20C3 I
2951 SW 14TH PL 734-6303 FRIEDT, JR GLENN GCNCfV>,L 'NARC I lOUSE/STORAGE i Active 0910112004
BOYNTON BEAC~ F:. 33426 09/30/2004
SPACE PLUS STORAGE CENTER (561) FRIEDT, JR GLENN I GENER.^.L 'NAREHOUSE/STORAGE 09/09/2002
2951 SW 14TH PL AcH.'e 08/21/2003
BOYNTON B"AC\1 Fe 33425 734-5303 09130/200
I SPACE PLUS STOR,..GF CFNTFR I ,50') 10111/20C1
12951 SW 14TH PL 7'4 630' FRIEDT, JR GLENN GENERAL WAREHOUSE/STORAGE Acti....e 09103/20C2
BOYNTON BEACrl Fe 33426 v' J 09130/2002
SPACE PLUS STOR^.GF CFNTFR (501) 09/08/2000
2951 SW 14TH PL FRIEDT. JR GLENN GENERA,l 'NAREHOUSEISTORAGE Ach".'€ I ~~~~~;~~~~
BOYNTON BEACH FL 33425 734-6303
SPACE PLUS STORAGE CENTER (561) GENERAL WAREHOUSE/STORAGE I 10/1411999
2951 SW 14TH Pl 734-630::::\ FRIFf)T, JR GLENN Acti','€ 09/07/2000
BOYNTON BEAC>; F _ 33425 I 09/3012000
https://c2gov,ci.boyntcn-beach.f1, us/Click2Gov BUBUNQRPTj sp?l s \Vbatlf=true&Contr..
7/10/2009
- 200 -
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EXHIBIT B
!"III
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- 201 -
~~.--"Ilc 11-0
EXHIBIT B
Space Plus Storage Center
Size of I All M~1 Uses
Leasable Spaces Number Permitted Subject to Appeal
i
4x5 121 No No
'"""~".~~_'~"'"n~'n~~.~'.~~~_~
4 x 10 4 ! No No
5x8 5 No No
7xI 3 No No
~~~.~~~~
5 x 10 113 No No
6 x 10 30 No No
7 x 10 31 No No
8 x 10 20 No No
1---- ..
10 x 10 84 No No
1Ox15 2 No No
10 x 20 55 , Yes Yes
"'~''''''''~--'--'''-'----"-''---'---''-'''- --.-.--.---.-..-...----..-.-...--....--...--.-.,..-.1,.-,-............--..-
11 x 22 78 Yes Yes
11 x 29 18 Yes Yes
---~--_.....'.- """,.~-_.~,
15 x 22 16 Yes Yes
21 x16 1 Yes Yes
15 x 29 9 Yes Yes
-----.-- .._-'....~'.._,~."~ -~-~~~
15 x 32 1 Yes Yes
22 x 22 1 Yes Yes
13 x 40 9 Yes Yes
-.-,---.----------------
1 5 x 40 9 Yes Yes
20 x 30 6 Yes Yes
22 x 33 . 1 Yes Yes
22 x 42 2 Yes Yes
27 x 40 10 Yes Yes
Bays less than 10 x 20 413 No No
Units. 10}{ 20 or larger 216 Yes Yes
Total Leasable Spaces. ,629
- 202 -
I SPACE PLUS STORAGE CENTER
I I ~~.. i
Business C iassificatiol1 Additional Uses Specifically
Name i Cede Permitted in M-1 (other than as !
I Genera! Warehouse) 1
W &. W VENDING AMUSEMENT ARCADE I
'M'~~. -,
,
PATIO PERFECT BUSINESS SERVICES/COPYRIGIIT FTC. 8A1.cJ2)
,~.-
DUNNE, PHILIP M. CARPENTRY & CABiNET INSTALU,TION 8A 1.a,f6) or BA i .c(4)
!
!
Me GRfI,TH MIRROR SERVICE CARPENTRY & CA8INElINSTALU,TlON BA1a(6) ori5A1.c.(4) I
I
-, - I
BENCHMARK DESIGNS, INC CARPENTRY & CABINET INSTALLATION t SA1.a.(6) or 8A1,c,(4)
I
!
IHE SCREEN DEPOT, INC CONTRACTOR. AWNINGS/ALUMINUM SPECIALTY 8A ~ .c.(4)
..
I ANSLEY'S ALUMINUM CONTRACTOR AWNINGS/ALUMINUM SPECIALTY 8A1c.(4) I
!
I !
TOMASSETTI CONSTRUCTION, iNC CONTRACTOR. GENERAL BUILDING i 8A l.c(4) I
I i !
,
RIDGE GENERAL CONTRACTING co",,",cwe ~ G'<'ERAC "'''U>,,~---+ 8A~c(4)
"~~,~ ~m""
MARINEllO CONSTRUCTION, INC CONTRACTOR. GENERAL BUilDING 8A1c.(~)
5MB CONSTRUCTION CORP CONTRACTOR. GENERAL BUILDING 8A1.c.(4)
-
COr'JTRACTOn . GeNERAL BUILDING
ANSLEY ALUMINUM CORP CONTRACTOR. AWNINGS/ALUMINUM SPECIALTY 8AIC(4)
CONTRACTOR. WINDOW/DOOR
--.
SUNCOAST CARPET SERVICES FLOORING/PANELING & CARPETING BA1 c.(4)
THE I'IOUSE STAFF {#484) GENERAL WAREHOUSE/STORAGE
D & S WHOLESALE GENERAL WAREHOUSE/STORAGE
L
EXHIBIT B
1
- 203 -
EXHIBIT B
~ ~
j
SPACE PLUS STORAGE CENTER
~ ~~.~~ I ~
j Additionsl Uses Specifically
I Business Classification
Name Code Permitted in M-1 (other than as
I Genera! Warehouse)
I SPACE PLUS STORAGF CFNTFR GENFRAL WAREHOUSE/STORAGE I
!
i
I MEGA MINI co., LTD GENERAL WAREHOUSE/STORAGE
~.
j
1 ~~~~~~~~~,~~,~~~-
1
i BFDAK COMPANY GENERAL WAREHOUSE/STORAGE
j
~
i
ANDES GARDEN SERVICES GENERAL WAREHOUSE/STORAGE !
,
!
TORRE'S, ISAAC CAREfUL CLEAN JANITORIAL & HOUSE CLEANING SERVICE I
. ".~~m !
!
FINLEY & .JACKSON SERVICES JANITORIAL & HOUSE CLEANING SERVICE !
!
DOYLE MAINTENANCE CO INC LAWN & GARDEN SERVICE i BA 1.b.(7) or SA l,G.(9)
-- ~.~.y~,~~~- L-
I
LUDAEM: LANDSCAPING & LAWN LAWN & GARDEN SERVICE ! 8.A.l.b.(7) or 8A 1.c.(9)
,
I DONAHUE'S PARADISE MAINTENANCE LAWN & GARDEN SERVICE i 8A1.b.(7) or BA1.c.(9)
! I
I
1 i
I I
! WILSON LAWN SERVICE LAWN,&.GARDEN SERVICE I 8AU.(7) or 8A1.c.(9)
1 I
i
I "
EMERSON, KENNY LANDSCAPE CO. LAWN & GARDEN SERVICE 8A1b(7) or 8A1.c(9)
!
!
I I<ERRY LANDSCAPE LAWN & GARDEN SERViCE SA 1.b(7) or 81U .c.(9}
~~~.'""
I
I THE HOUSE STAFF 1#538) LAWN & GARDEN SERVICE 8.A.1.bU) or 8A1.c.(9)
I DOYLE MAINTENANCE CO, INe LAWN & GARDEN SERVICE 8A1b(7) or 8A1c(91
1____ FORTRESS LOCKSMITHS LOCKSMITH
2
- 204 -
I SPACE PLUS STORAGE CENTER
r Business Classification Additional Uses Specifically
Name Code Permitted in M-1 (other than as
General Warehouse)
BEACH BUTTER SUN CARE PRODUCTS MERCHANT - WHOLESALE
THE SCREEN DEPOT, INC MFG, METAL PRODUCTS HA 1.a.(7)
~" .~- .------.-..~.,",.. .,.,~~,
,
,
MINICK. GARY A i MFG - WOOD FURNITURE 8A1.a.(6)
I(A YLA SOD MISC COMMERCIAL SVCS, t~EC ,
!
I
DAYE, MICHAEL L. MISC. COMMERCIAL SVCS. NEC "'""'":~
CARPENTRY & CABINET INSTALLATION
D J'S PRESSURE CLEANING PRESSURE CLEAN 8A1.b.(4) I
SF!.. SERVICES OF BOYNION BEACH PROPERTY MANAGEMENT', RESIDENTI!,L SAi.b.(7) orHA1.c.(9) !
LAWN & G/-I.RDEN SERVICE ~
1,
.- I
i !
D & L LANDSCAPING TREE TRIMMING/LANDSCAPING(CERTIFiEO) SA 1b.(7) or SA 1.c.(9) I
,
!
TRUCK RENTAL & LEASING I
U-HAUl INTERNATIONAL, INC S.A.1.c(1?) I
~~,~,~
MEGA MINI CO, LTD. TRUCK RENTAL & LEASING 8.A.1.c.(12)
-- __I
PALM BEACH CAR & TRUCK RENTAL TRUCK RENTAL & LEASING 8A1.c.(12) I
I I
j
I
TRUCKING SERVICE, LOCAL i 8A1c(12)
MURPHYS FURNITURE TRUCK, SERV ;
I
EXHIBIT B
3
- 205 -
EXHIBIT C
The (1'ty of Boynton Beach
DEVIELOPMl:N7 DEPARTMENT
PLANNING IiND ZONIJ\lG DIVISON
1M E. BGynton E\<!r.ch 1kl'Jle,'Ord
P,O, "i<'" '110
Eioy1lor Beach, Flonda 33425-~31O
TEL: 56>142-6260
FM: 561-742-G2SS
www.bo.{ntOh.D.4ilch.org
JUly 1S\ 2009
Pm-fit Golf Equipment
Robert J, Gaudio
301 isle of Capri Drive
Fort lauderdale, FL 33301
~
Re: Pm-fit Golf Equipment/wholesale distribution
2951 SW M1n Place, Boynton Beach, FL 33426
Dear Mr Gaudio:
Please be advised that the property is zoned M-"I, Light industria! The existing use of the
prop.erty is a self-storage facflity (miniwwarehouss) known as Space Pius Storage Center, It is
a permitted use in the Industrial District subject to Section 11.0. of the Supplemental
Regulations (see attached).
Staff has considered the proposed use, at the above-referenced address, for the assembiyl
repair, wholesale distribution 01 golf equipments and must deny your request This response
IS based on the fact that the use is proposed to be conducted in a self storage bay
According to Chapter 2, Zoning, Section 11.0.1,0., Supplemental Regulations, the use of
storage bays shall be limited to dead storage of rlouseho!d goods, personal property or
records of commerCIal businesses
c, Use ot bays The use of stor?lge bays shall be limit6\:! to dead storage of household
goods, persona! property or records for commercial busirlesses. Storage bays shall not be used to
manufacture, fabricate or process goods; service or repair vehicles, boats, smail engino,s or electrical
equipment, or to conduct similar repair activities: conduct garage sales or ret<1il sales of any kind; or
conduct any other commercial or industrial activity. Individual storage bays or private postal boxes
within a self. service storage facility shall not be considered a premise for the purpose of assigning a
iegal address in order to obtain a. business tax receipt or other governmental permit or licellse to do
business.
Therefore, we must deny your request for the abovEHsferenced proposed use at the above-
referenced address. Please contact rne should you need assistance in evaluating any other
locations that would further your business plan
- 206 -
$ Page 2
July 1, 20~XHIBIT C
I trust this adequately responds to YOLlr request; however, should you need additional
information, do not nesitate to contact me at 561-142-6360.
Sincerely,
r-7-'2:'~.j) t~_
Maxime Ducoste-A.
Zoning and Business Tax Manager
xc: Michael Rumpf, Planning and Zoning Director
S'\::Jtwp"tlon.r\LEllERSW~I" Z00a\2~['1 SW 14th PI""" D.""lol of Pro.at Gol' Ec,oipem<ln, .t Se~ S\or~~B.doc
- 207 -
!
-'
,
'f,'
Page I of 1
Ducoste-Amedee, Maxime
EXHIBIT 0
From: Bergman, Wayne
Sent: Tuesday, September 01, 20099:29 AM
To: Ducoste-Amedee, Maxime
Cc: Greene, Quintus; Byrne, Nancy; Rumpf, Michael; Kemmer, Rodger: Large, Tim
Subject: Self Storage Unit Appeal
Max,
I reviewed the Administrative Appeal regarding the current use of a storage unit at the Mega
Mini storage facility. This is a zoning appeal, and will probably be based upon zoning
regulations in the M-1 zoning district.
However, strictly from a Florida Building Code standpoint, the building(s) were apparently
originally permitted and constructed as a storage facility (8-1 use / occupancy group). All of its
design and construction were based upon minimal occupancy and moderate to low hazards
being present in and around the building. Several of the units have been converted, over time,
with a new use of light manufacturing (F-1 or F-2 use f occupancy groups). These change of
building code uses / occupancies trigger several requirements under the Florida Building
Code, specifically the Florida Building Code, Existing Buildings, Chapter 9. The individual
units subject to the occupancy change mmLlJ.,_sIDS)l;..tL<m<;;Lm,Lolect lbej;;l.g~eJ:)l.ljlQilJg)JQ fire-
rated partition walls, changes to the required means of egress, handicapped accessibility
requirements, fire protection (sprinkler and alarm) upgrades including upgrades to sprinkler
heads and densities, electrical upgrades for machinery and emergency illumination,
mechanical requirements including substantial increases in outside ventilation air
requirements, increased demand requirements for plumbing facilities, and exterior wall ratings
(fire rating). Chemical and hazardous material storage, part of any manufacturing process,
should be reviewed for exempt (maximum) quantities.
The building owner should, at a minimum, hire a licensed design professional to prepare the
needed construction documents to permit a change of use / occupancy of the affected building
(s) to the new use / occupancy group, as predicated by the actual activities occurring within the
various storage units. The building(s) should be changed to an F-1 use / occupancy group, at
a minimum, in compliance with the Florida Building Code, Existing Buildings, Chapter 9.
Alternatively, the design professional may be able to verify if the existing building would qualify,
under current code, to be an F-1 use / occupancy group, via a signed and sealed letter and
report. I doubt this alternative would be easily achievable, as the required outside air
ventilation rates alone would present a serious problem,
Please advise if you would like the Building Division to assist with this appeal. Thank you,
Wayne R. Bergman, Me!', L~~ED AI'
Building Official
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
(561) 742-6373
9/14/2009
- 208 -
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- 209 -
EXHIBIT F
See, 11 BOYNTON BEACH CODE
~ (5)
(4) Printing, engraving, or pub1ishlng located
in inrlustrial or PID zones: One (1) parking
space per two (2) employees, but not less than
ono (1) pax'king space per five hundred (500)
square feet of gTOS" floor area (for printing,
engraving or publishing located in commercial
zones, see (d)(15)),
Wllrehouses and other indoor storage facili-
ties, including mini-warehouses, and ware.
house.indmtrial complexes: One (1) parking
space per dg-ht hundred (800) square feet of
gross floor <<rea, but not less than two (2)
parking spaces per rental unit of five hundred
(500) squz.re feet of gross floor area or great.
er; plus required parking spa(es for any other
prindpal uses, including retail and office
floor area.
\
Ji-
(6) Wholesale establishments and distributing:
One (1) lXIi'king space per eight hundred
(800) square feet of gross floor area.
(7) Moving and storage operations: One (1)
parking spa,ce per eight hUJ1dred (800) square
feet of gross floor area,
(8) Truck terminals and transfel" stations: One
(1) parking space pel' eight hundred (800)
square feet or gross floor area.
(9) Laboratories and research and development:
One (1) parkiDg space per three hundred
(300) squill'e feet of gross floor area.
g. MiscGUmwous uses:
(1) Taxi offices and bus stations ,; One (1) parking
space per one hundrer! (100) square feet of
gross floor area.
(2) Communications facilities, including broad-
c:asting facilities and telephone exchfU1ges:
Bupp. No. 32
1948.8
- 210 -
EXHIBIT G
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
NOVEMBER 12, 1986
SI'l'E PLAN MO!?:r:[ICATION
40 Project Name: Mega-Mini Self Storage
Agen t : Doug Long
Owner: Doug Long
Legal
Description: See '"Addendum en attached to the
original copy of these Minutes
Location: East of Congress Avenue, north of
SoWo 30th Avenue
Description: Request for approval of an amended
site Plan to allow for a ~.~
-.-.,.. .2sr~,!~X~1.Qot storage_J!ddi tion between
buildings D and E
Mro Golden stated that the exterior design construction
would be similar to the existing buildingso He added that
the utilities for this project are existing, and no changes
are required for the addition. Mro Golden advised that TRB
recommends approval subject to staff comments 0 In response
. to Chairman Trauger's inquiry., Mr. Golden explained that the
two-story addition would be between and would connect with
the buildings D and E.
----7
David zelk, Architect, N.E. 4th street, Fto Lauderdale,
Florida, came forward to address the Board. He advised that
agent and owner Doug Long was present also. In response to
Mrs. Huckle's question, Mr. Zelk advised that the entire
buildinq would be used for specialized dead sto~raqe: '--.rrrie
remainder of the buildings are one-story.
Mr. De Long moved that the application be approved subject
to staff comments, seconded by Mrso Huckleo The motion
carried 7~Oo
ADJOURNMENT
There being no further business to come before the Board,
Mrs. Huckle moved that the meeting be adjourned. The motion
was seconded by Mro De Long, and the meeting properly
adjourned at 9:30 P.Mo
,jiYnoGc I~~:cl
Linda Warlick
Recording Secretary
(Two Tapes)
- 14 -
- 211 -
/EXHIBIT G
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
MARCH 10, 1987
Mr. Hopper had no problem with the s.taff comments'.
Mr. Pagli aculo moved, seconded by Mr. Wandel t, t'o approve
the amended site plan to allow for screened porches, subject
to staff comments attached as Exhibit G to the original copy
of these minutes.
'rhere were several people from Boynton Lakes in the
audience, and they applauded. One woman told of five people
who already have their roofs 00, and they were told by the
City that the roofs must come down. .Mr. Annunziato explained
that the roofs were installed illegally. Perhaps they'can
get a retroactive permit and a penalty, but that'..;as not
related to this Board,but to the Building Department.
3. project Name;
Agent;
Owner;
Location;
Description:
Manor Care Personal Care Facility
Bernard Kelly
Manor C~re, Inc.
South Cqngress Avenue at Charter Drive,
nQrthwest corner
R~quest for approval of an amended site
plan to allow for the addition of ten
parking spaces
The TRB recommended approval, subject to staff comments
attached as Addendum,H to the original copy of these minutes.
No one was present to represent the applicant.
Mrs. Huckle moved, seconded by Mr. Schultz, to approve the
request, subject to staff comments. Motion carried 7-0.
4. project Name:
Agent:
. Owner;
I.ocation:
Description:
Mega-Mini Self Storage
None
Doug, Long
East of, South Congress Avenue, between the
L,W.D.D. L-28 Canal and S. W. 30th Avenue
Request for approval of an amended site
pl,an to allow for the addition of two new,
> storage buildings consistinq of 18~053
square feet of floor space
Mr. Golden said this project is located in Lawson Industrial
Park, almost directly east of Manor Care. Building J is
proposed to be l::>cat'ed at the east end of the complex.
Building K will be located in the northeast corner of the
complex, parallel and adjacent to the L-28 Canal. The two
buildings will be s1:ngle story structures. Addi honal park-
ing and landscaping will be provided.
- 18 -
- 212 -
EXHIBIT G
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
MARCH 10, 1987
No utility extensions are, proposed as the new buildings are
solely to provide storage. The TRB recommended approval,
subject to staff comments attached as Addendum I to the
original copy of these minutes.
David Zelch ,zelch and McMahon Architects, Iuc.,
Fort Lauderdale, Florida, reviewed the comments and had no
real negative comments about them. However, he wished to
have discussion on comments 5, 7 and 9 in Mr. Jaeger's memo.
with reference to comment 5, Mr,. Zelch said the structure
of Building J (the building running in a north/south
directiortlh\ identical to the bv.i1ding adjacent to it on
the .."est side. It is identically dimensioned and petitioned.
Mr. Jaeger'sconun~l}:L..~~~:!.._~hat if ,they exceed 200sguare feet
of tenant spac~ ex~.tdoors must be provided from all tenant.
_spaces. _ The reguirement of, an exit door wOuld mean a
swinqinq door orma:n' dpor. 'Mr ,'~ Zelch was not the Architect
at theti:me( but the huiIdingtothewest received a C.o.
this past April. The,same:tssue was brought to light regard-
iag this situatiO,n, and he :Under~tood it was ove.rruled by
somebOdy flt'om TallahasiSee. The roll up doors were allowed
with an aC~,~_~.._~~l!.q_.s!oor for exiti1!9..:..
Mr. Annunziato inte:rrupted to say the issue was related to
tbeBuilding Codie,. Even though Mr. Jaeger placed. this in
his comments, Mr. Anuun.ziato did not think it was within the
purview of this BOard to react to it. If Mr. Zelch had a
disaJg:1jeefnsnt with the Building. Code requirement, he would
still have to go befor,e the Building Official to discuss his
disagreement,. That. pertained to comment 7 as well.
Mr . Anm,mzeiatosaidcomment 9 was a Code requirement. Mr.
Zelch stated that the curb the City was requesting was
obviously a ,new Landscape Ordinance that was not in. effect
when this was passed a year ago. There is no curbing, and
they have, to put the curbing in, but it is adjacent to exist-
ing landsclaping where no curbing had to be provided. They
will be happy to pu.t a curb in on the additional 85 feet.
Mr. Golden infOl;Illed Mr. Annunz~ato that nothing was discussed
about the curbing: at the TRB meeting. Mr. Annunziato
advised Mr. Zelch to get a clarification from Mr.. Jaeger.
Other than these interpretations of the Code, Chairman
Trauger asked Mr. Zelcb if he had any objection to any of
the staff coniments . Mr. Zelch answered, "No," and then
added that the otber thing would be the comment from
W. D. Cavanaugh, 'F ire Department. He wondered if t,here was
- 19 -
- 213 -
EXHIBIT G
MINUTES - PLANNING &. ZONING BOARD
BOYNTON BEACH, FLORIDA
MARCH 10, 1987
a reason for having the hydrant outside of the fence on
previous approvals. Mr. Cavanaugh was a.sking that the exist-
ing hydrant be placed inside of the fence. Mr. Zelch wanted
to be sure they would not be creating another prob1em. Mrs.
Huckle aSked if the existing hydrant Was on the applicant's
property. Mr.Zelch answered affirmatively.
,.<('-""".
Mrs. Huckle moved to approve the request, subject to staff
COllllIlents. Mr. pagliarulo secQndedthe motion" and the
motion carried 7~Q.
COMMENTS BY MEMBERS
Blowi n9...-2L?~.gg
There was discussion about sand blowing. Chairman Trauger
thought somewhere in the City's permitting process, a bond-
ingmust be put up to stabilize the soil after it is
stirred Up. Mr. Annunziato promised to bring that to the
attention of the proper officials.
Boar'd
Mr. Ryder observed that this was the last time the present
Board was meeting as a composite.
ADJOURNMENT
There being no further business to COlli;:! before the Board,
the meeting adjourned at 9:05 P. M.
~~2~~
Recording Secretary
(Two Tapes)
- 20 -
- 214 -
9. A
CITY MANAGER'S REPORT
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
D ANNOUNCEM ENTS/PRESENT A TIONS ~ CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R010 -007--
(a) Approve and authorize execution of a Contract for "OCEANFRONT PARK BOARDWALK
REPLACEMENT' Bid# 002-2730-10/CJD with: PALM BEACH MARINE CONSTRUCTION INC. of
West Palm Beach, Florida, in the amount of: $1,281,262 plus a 10% contingency of $128, 126 for a total
expenditure of: $1,409,388 and (b) Waive a minor technicality in the bid submission.
EXPLANATION OF REQUEST: On December 8, 2009 Procurement received and opened 16 Bid
Proposals for the project. The 3 lowest Bid Proposals are:
. Palm Beach Marine Construction, Inc.
. West Construction
. Tenex Enterprises
$1,281,262
1,342,750
1,347,325
Staff reviewed the Bid Proposals and recommends awarding the Contract to Palm Beach
Marine Construction, Inc. The Bid Proposals were also reviewed by the City's consultant from
Miller Legg Design who concurs with this recommendation.
Palm Beach Marine Construction, Inc. recently completed the boardwalk at Jaycee Park. Their
work was very good and they used the same materials that will be used at Oceanfront Park.
They have experience working on numerous marine-based projects. Importantly, they are
familiar with the Department of Environmental Protection's regulations, which will be critical at
Oceanfront Park. Their references were checked prior to their award for Jaycee Park and
were excellent.
The City issued a lengthy Addendum #2 prior to the bid opening date. Included therein was a
minor revision to one page of the actual 3-page Bid Proposal Form. When Palm Beach Marine
Construction, Inc. submitted their Bid Proposal Form, they did not include the revised page as
- 215 -
issued with Addendum #2. The information contained on this page more clearly outlined some
of the landscape specifications that were included in the project specs but not correctly noted
on the Bid Proposal Form, thus requiring a revised form. However, Palm Beach Marine
Construction's bid already included the original scope of the work even though the revised had
not been submitted. This in no way affected the Bidder's pricing. However, when discovered
and within 15 minutes after the opening, Palm Beach Marine Construction, Inc. provided the
"revised" Bid Proposal page that was consistent with their original Bid Proposal amount.
The City's Bid Documents in the "Notice to Contractors" section (Page NC-2), states "The City
reserves the right to reject any and all Bids and to waive technical errors as heretofore set
forth."
Therefore, staff recommends that the Commission waive this minor technical error in order for
this award to go forward.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The existing boardwalk is constructed
from first generation plastic lumber. Due to the harsh conditions of being on the ocean from
sun and sand, the boardwalk needs replacement. The area in front of the concession area will
be covered to provide a large shaded area. The project also includes a stair walk from the
lower parking lot to the upper parking lot.
Additionally, Hurricane Wilma damaged several of the covered pavilions requiring removal.
There is little covered area from which beach patrons can escape from the sun. The damaged
and missing pavilions will be replaced with "sun shades" in eight (8) locations along the
boardwalk in various lengths. The sun shades are such that will allow removal prior to an
approaching hurricane.
Replacement of the boardwalk will significantly improve the function and aesthetics of our most
popular park, and will decrease the frequent maintenance needs of the existing boardwalk.
FISCAL IMPACT: The Capital Improvement Program (CIP) budget includes an Engineer's
estimate of $2,180,000 in Account # 302-4204-580-63-15 for this project.
The $1,281,262 Bid Proposal represents a savings in excess of $898,000.
Further, FEMA has tentatively approved a reimbursement to the City of approximately
$248,000 once construction is completed and approved for final reimbursement.
In total, this will return approximately $1,146,000 to the CIP for other projects. However, the
funding source for this project is the Park Impact Fee so return of funds is restricted to other
eligible projects that can be funded by Park Impact Fees.
ALTERNATIVES: Not to replace the boardwalk and pavilions.
- 216 -
RESOLUTION NO. RI0-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE A WARD AND EXECUTION BY
THE CITY MANAGER AND CITY CLERK OF A CONTRACT TO
PALM BEACH MARINE CONSTRUCTION, INC., FOR BID #002-
2730-10/CJD, FOR "OCEANFRONT PARK BOARDWALK
REPLACEMENT", IN THE AMOUNT OF $1,281,262.00 WITH AN
OWNER'S CONTINGENCY OF 10% IN THE AMOUNT OF
$128,126.00 FOR A TOTAL BUDGET APPROPRIATION OF
$1,409,388.00; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 8, 2009, Procurement Services received and opened sixteen (16) bid
proposals in response to #002-2730-10/CJD for "Oceanfront Park Boardwalk Replacement"; and
WHEREAS, the City's consultant, Miller Legg Design and staff reviewed the bid proposals and
recommend awarding the contract to Palm Beach Marine Construction, Inc., of West Palm Beach,
Florida who was the lowest, most responsive, responsible bidder who met all qualifications; and
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff,
deems it to be in the best interest of the citizens of the City of Boynton Beach to award and authorize
execution of a contract to Palm Beach Marine Construction, Inc., for Bid #002-2730-10/CJD
"Oceanfront Park Boardwalk Replacement", in the amount of $1,281,262.00 with an owner's
contingency of 10% in the amount of$128,126.00 for a total budget appropriation of$1,409,388.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida does hereby
authorize and direct the approval and execution by the City Manager and City Clerk of a contract with
Palm Beach Marine Construction, Inc., for Bid#002-2730-10/CJD "Oceanfront Park Boardwalk
Replacement", in the amount of $1,281,262.00 with an owner's contingency of 10% in the amount of
$128,126.00 for a total budget appropriation of $1,409,388.00, a copy of which is attached hereto as
- 217 -
Exhibit "A".
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of January, 2010.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
- 218 -
ORIGINAL
BIDDER ACKNOWLEDGEMENT
Submit Bids To:
PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.o. Box 310
Boynton Beach. florida 33425-0310
Telephone: (561) 742-6323
SEPTEMBER 22, 2009
BroadCBSt Date:
Bid Title: OCEANFRONT PARK REPLACEMENI' OF BOARDWALK
Bid Number. 002-273o-IOICJD
Bid Received By: OCTOBER 17 J 2009J NO LATER THAN 2:30 P.M. (LOCAL TIME)
Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and
time is scheduled for: OCfOBER 27, ZG()I). no later tban 2:30 P.M. (local time) and may not
be withdrawn within ninety (90) days afler such date and time.
All awards made as a result of Ihis bid shall conform to applic:able sec:tions of the charter and
codes of the City.
Name of Vendor:
Palm BRach Marine Construction. In~.
Federall.D. Number:
75-2997419
A Corporation of the Stare of:
F1orio;1$
Area Code: ( 5 61 )
Telephone Number: 588 -7 6 9 0
Area Code: ( 5 61 )
FAX Number: 697-3238
Mailing Address:
1410 Forsythe Road
CllyJStatelZip:
West Palm Beach, FL
Ouevedo. Erp.R;dp.~t
Name Typed
Vendor Mailing Date:
THIS PACE TO BE SUBMITTED ALONG WITH PROPOSAL
BA-I
- 219 -
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- 220 -
REVISItD ADDENDUM n
FORM/A'lTACHMENT DESCRIPTiON PACE NO. YES NO N/A
BIDDER'S SiTE INSPECTION CONFIRMATION 881-1 x
N'ONCOLL'USTON AFFIDA VlT OF PRlMB BlDDBR NCA-l x
ANTI.KICKBACK AFFIDA V1T AKA-} x
CONFIRMATION OF MINORITY OWNED BUSINESS MOB.} y
I Verification ihnnlieable No Number x
CONFJRMAnON OF DRUG-FREE WORKPLACB DFW91 X
SAFETY PR.ocmAM COMPLIANCE SPC-l x
I CurrcDt Saf~ Prollftm Attadunenl oer SPC-l N/A x
SCHBDULE OF SUBOONTRACTORS SSClMBB-t x
STATEMENT OF NO BID (if UlDJicablcl NB.t x
COMPUTER OENERATED HORlZQNTAL BAR No Number
CHART - PRQJEcr SCHEDuU! x
CaPlES OF COMPLETE SUBMlTTAL .Il~ RlI!duilWl No Number X
TRENCH SAFETY ACT AFFIDAVIT TSA-t x
TIffS 'AOE TO BE ~ ALONO wnH PROPOSAL I!I OADSR
FOR PACKAGE TO II! CONSIDERED COMPUTE A.IIID ACesPT J..IILE
COL -1
- 221 -
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ADDENDA
erN OF BOYNTON BEACH
FLORIDA
BID Tl11..E:
BIDDER:
Oceanfront Park Replacement of Boardwalk
Palm Beach Marine Construction, Inc.
DATESUBNnTTED: December 8, 2009
We propose and agree, if this bid is accepted, to COnlntct with the City o( Boynkln Beach, in the
Contract Fonn, to furnish all material, equipment, machinery, tQOls, apparatus, means of
transportation, constroction, coordination, labor and services necessary to complete/provide the
work specified by the ConlraCl documents.
Having studied the documents prepared by:
Jody RivsrS/Kevin Ramsey, Project Managers
(Name of Project Managcr/ArchltectIConsultant)
and having examined ~ project site (when indicated in these specifications to do so), we
propose to perform the work of this Project according to Ihe Contract documents IUld the
following addenda which we have received:
ADDENDUM
1
2
3
DATE
10/22/09
11/18/09
12/2/09
ADDENDUM
4
DATE
1217/09
TIllS PAGE TO BE SIJBMrrrED ALONG WlI1I PROPOSAL IN ORDER
FQR PACKAGE TO Bit CONSIDERED COMPLETE AND ACCJ;:PTABLE
A-I
- 234 -
REVISED ADDENDUM ~
The City 01
Boynton. Beach
.
"'-_lilt IrMa
III Eo......1ftIt ..._",
'.0."3"
IIojrlNltlllmdl, flltN/llG JJ,,"-6J/tl
T~e: (SII} 'f4UJ/f
Fo4X1 (f"}Uz.c"
ACKNOWLEDGEMENT OF' ADDENDUM #1
"OCEANFRONT PARK REPLACEMENT OF BOARDWALK"
BID #: 002-2730~ 1 OICJD
RESPONDENT MUST SIGN, DATE AND INCLUDE THIS -ACKNOWLEDGEMENT
OF ADDJ:NDUM Ill" WITH BID PACKAGE IN ORD:tR 'OR SUBMITTAL TO BE
CONSIDERED COMPLETE AND ACCEPTABLE.
Palm Beach Marine Construction,
NAME OF COMPANY
Javier Quevedo, President
PRlNT NAME OF IU!:PRESENTATJVE
12/8/09
DATE
ADD-l
- 235 -
The City of
Boynton Beach
.
Prt1~It'''''.lft 5.....i~~$
J rJ(I IS. 8f1yrtlfJlf Bftldlllflulewml
1'.0. JJwdJO
lkJynlon lJeacA, jo"/nrid" 33425.0310
Td~()lIf: ($6J) 742.0JO
FAX: (~61) 7#2-6.JI(,
ACKNOWLEDGEMENT OF ADDENDUM # 2
"OCEANFRONT PARK REPLACEMENT OF BOARDWALK"
BID# 002-2730-10/CJD
R.ESPONDENT I\flTST SIGN, DA TE AND INCLUDE THIS
"ACKNOWLEDGEMENT OF ADDENDUM #2" W:rra BID PACKAGE IN
ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND
ACCEPTABLE.
Palm Beach Marine Construction, Inc.
NAME OF COMPANY
Javier Quevedo, President
PRINT NAME OF RE PRESENT A'r1VE
12/8/09
DATE
Javier Quevedo
PRINT NAME
THIS I'AGE TO BE SUBMTlTED ALONG WITH l'ROros"y, IN ORDER 3
FOR BID PACKAGE TO BE CONSIDERED COMI'LETE A~J) A.CCEPTABLE
- 236 -
The City of
Boynton Beach
. I"mn_,"~wi".
ItJtI If. ".,.,. BNdr IIRIIMnI
P. 0. "J'~
1IlI)oI_Ibdt, FlDrldG JM2S~jJO
T~: tul) 1n-6JltJ
FAX: (S61) 14""J6
ACKNOWLEDGEMENT OF ADDENDUM # 3
"OCEANFRONT PARK REPLACEMENT OF BOARDWALK"
BIOI 002-2130.] OICJD
RESPONDENT MUST SIGN, DATE AND INCLUDE THIS
.4ACKNOWLEDGEMENT OF ADDENDUM 12" WITH BID PACKAGE IN
ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND
ACCEPI' ABLE.
Palm Beach Marine Construction, Inc.
NAME OF COMPANY
J~vier Quevedo, President
PRINT NAME OF REPRESENTATIVE
12/8/09
DATE
TIDB PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 2
FOR BID PACKAGE TO BE CONSml1:R1tD COMPLETE AND ACCEPTABLE
- 237 -
The City of
Boynton Beach
. "'-_s-t<<t
11M & .."._ ........"".,
,.. 0. au'I'
. Dt11"IM IJm8. 1ltMId. JJlnJJJ 1 D
. u.aiMa (gl) 11UJJ'
FAX: (Jfl) 7n.IJl.
ACKNOWLEDGEMENT OF ADDENDUM.,. 4
"OCEANFRONT PARK REPLACEMENT OF BOARDWALK"
BID# 002.2730.. 1 O/CJD
RESPONDENT MUST SIGN. DATE AND INCLUDE THIS
"ACKNOWLl!:DCEMENT OF ADDENDUM t#4P W1TR BID PACKAGE IN
ORDER FOR SUBMITTAL TO BE CONSIDEPED COMPLETE AND
ACCEPTABLE.
NAME OF COMPANY
Palm Beach Marine Construction, Inc.
Ccbrone Atkins, Vice President
PRINT NAME OF REPRESENTA nvE
12/8/09
DATE
Cebrone Atkins
P1UNT NAME
THIS 'AC!. TO BZ SUaMmm ALONG WITH PROPOSAL IN ORnER 4
FOR 81D PACKAGE'IO BE CONSIDERED COMI'UU ,\filO ACCEPTABLE
- 238 -
From:PAlM BEACH ~ARINE
561 1;;97 3238
12/08/2009 17:46
#261 P,0021003
M;V1SED ADDIIVDUM n
sm PROPOSA.L
The Bidder IIJft:I;I tc:J ~ alQJl ~t for tile:
OCEANFltONT PARK REPLACEMENT OF BOARDWALk
BIJ) fOO2.273Q-t OICJD
Seape .... Work R.cm0Vll or platic deddua IIld rails. Rc:anovll of....8cIe Ib'UCIUrcI.
Rcplac:emont wilh ipe wood and tile. RepllCement oCpqolu with JlIIde ails. Cover dect with
shade sails. CQIIIlNr;l b..o I'Dr )l\Ib& IIrt picee. Rcmcm: one walkway. R.cmow exisdng
IIndicapins in the upper paddna lot Install. Dew 11OdIcIp1n& per ~nc ptln IOd
spoclficaliODl.
Project will Tl8lJd. to be p1mcd IrQ Ihat the belch, ralrQDms. Q)IIl:CI;JlcJllIlRll mllif'esutrd offices
are aeec.ible duritqJ cc:mstructiOIL
GRAND TOTAL
s ~2el! 262.00
One-Million Two-Hundred-EightY-One-ThOllsand Two-Hundred-siJ(tv~Two--DoII..
apd Z~~O 00(100-------"----------______________________________---~------~
(118000\ 'IlIrinaIln WOldt hu prcc:cdea,ce)
11118 PAGS TOn~ Jl'f0ADllR IIOR'ACICA.G&
TO." c::oNSID~ COMPLIrn AlID ACCEI'TA8LI:
B,.1
- 239 -
BID PROPOSAL
The Bidder agrees to accept as full payment for the:
OCEANFRONT PARK REPLACEMENT OF BOARDWALK
BID #002-2730-10lCJD
Sc:ope or Work: Removal or plastic deckin,g and rails. Removal of shade structures.
Replacement with ipe wood and tile. Replacement of pergolas with shade sails. Cover deck with
shade sails. Conslruct base for public art piece. Remove onc walkway. Landscaping.
Project will need to be phased so that the beach. restroom&, concession area and lifeguard offices
are accessible during construction.
GRAND TOTAL
$ 1,281,262.00
One-Million Two-Hundred-Eiqhty-One-Thousand Two-Hundred-SixtY-Two---DolI~
and Zero OO/100~----------------------------------------------------Cen~
(amount written in words has pm:edence)
THIS PAGE TO BE SUBMI1TJ:D IN ORDER FOR PACKAGE
TO BE CONSmt:RED COMPLETE AND ACCl!:PTABLE
SP.I
- 240 -
iUviHd ^<kkndum 92
Sid Propoal coadaued....
The undersigned bidder BIfOOII to commence wodc withln ten (10) ~a1endar days an... tho date or
tbe "Nodec to Proceed" aod aba11 achieve Substantial Completion without irKCmlption within
M!.oalcndlU' d.~ thereafter.
~ OrlgiDalllIId ~ (3) COp. C)rbid mbmittcd.
...3- Anached ia a computer 8CJlcrated horizontal bar ohart showine proposed sehedule of
work..
x Schedule of Subcontractors submitted.
-2L- Site 1nspcctloD Fonn subllliUed.
~ Evidmee ofpoucssion ofrcquired Iicenstl lind/or bu.inCA pcmrlt$ $ubmined.
x Chcck-offList Subrnhled
...!-..- Shop drawinp submitted to Mmer LeU tor Shower Hardware
The undersiped -bidder hereby represents IbBt he bu earefbl1y examined the drawings and Ibe
Contnct inc1udq all Contract documcnu II1d will execute the Contncl and perfonn all its
ilCms, COVenants and conditions. all in exacl complimcc: with the requir\'lmcoU of the
specifications and drawinp.
The bidder. by and throup lbe submission of his Bid. 81fOCS that he bu. examined. and that he
shall be beld relponsible f'or havina ~fore examined himscJf u to the character of the mute.
the locttion, surface and unclerpound obstructions. the nature of the ground water table,
conditiolllll1ld aU (lIh., p1t~IClll obllrK.twiJtiQ& Qrtlle wort, In order that he may thereby provide
for Ole satisfactory completi<m thereof, includiq the: removal, relocation or I'q)lKement of any
Qbjecr. or obstructions which will be encountered in doina the proposed work.
The bidder, by submission of this Bid ncknowicdgcs thatlhe bidderbu been advised that In the
evenl bidder COntests the award of this project to another bidder, that the bidder damages. If any,
are limited to a<:tual Bid prqJaration costs and blddl;ll" tKnby walvea any I;lhrim it may hav~ for
other dam.... coming from the City'. failure to awardlhe project bidder.
THIS ,AGE TO all: SUBMITDD I~ ORDDPOA PACKAGE
TO Bit COMSIDEUD COMPLETJ: AND ACCEJ'TABl&
BP.2
- 241 -
Rvvitcd t'\dlLendllm 112
Bid Ptopota.I etltJlilllllld....
By
Florida ConttaetoT'. Licente Number CGC 15163 6 6
Date 12/8/09
ne Construction, Inc.
ration. Finn or Individual)
Javier Quevedo
Printed Nuno
President
Title
(561) 588-7690
TelcphoM Number
TBIS PAGe: 'to N 1\l8Mrr1'P IN ORDER I'OR PACKAGE
TO BE CONSJDERIW COMPLETE A1lO AcaPTAJtLE
gp-3
- 242 -
BID BOND
STATE OF FLORIDA
)
COUN1Y OF PAL\1 BEACH
KNOW AIL MEN BY THESE PRESENTS, thai PALM 3EACK MAR 1 NE CONSTRUCT I ON, I Nt.
as Principal. and SLJRETEC I NSIiIRANCE tONPANY . as Surety, authorized to do
business in the State of Florida are held and finnly bound unto the Owner, ("it)' ...r Roy"rn" RP:lr-h
in the penal sum of FIVE PERCENT OF AMOUNT 810
Dollars ($ Sir.
) lawful money of the United StaleS, for the payment of which sum will
and truly to be made, we bond ourselves., our heirs. execulOI'!;, administralOl'S, and succesSOnl,
jointly and severally, finnly by these presents,
TIlE CONDrrION OF THIS OBLiGATION IS ~ ... who""" the Prindpal h..
ae"l!:~cr ~
submitted the aCcompanying bid, dated e(;Tl;lSCR Z7 , 20~, for:
OCEANFRONT PARK REPLACEMENT OF BOARDWALK
NOW 'THEREFORE.
A. If the principal shall nOI wilhdraw said Bid within ninety (90) days after date of opening
of the same. and :;;hall within len (10) days after the prescribed fOMS are presented to
him for signature, enter into a wrinen Contract with the Owner in accordance with.the
Bid as accepted, and give bonds with goods and sufficient sun::ty or sureties. as may be
required, for the faithful perfonnance and proper fulfillment of such Contract. then the
above obligations shall be void and of no effect, otherwise to remain in full force and
effect.
BIB. I
- 243 -
B. In the event of the withdrawal of said Bid witbilllhe period specified. or the failure to
enter into such Contract and give such bonds within the: time specified, if the principal
shall pay the Owner the difference between the amount specified in said Bid and the
amount for which the Owner may procure the required work and supplies, if the latter
amoWlt be in e;l;c;ess of the fonner then the above obligations shall be void and of no
effect, alherwise to remain in full force and effect.
C. This bond is given to comply with Section 25.5.05 Rodda Statutes, and any action
instituted by a claimant under this bond for payment must be in accordance with the
notice and time limitation provisions in Section 255.05(2), Florida Statutes.
IN WITNESS WHEREOF, the above bQunded grt~ve executed this insrrument
under their several seals. this'" ~TH day of ~...20 9 . being herero affixed and
Ihese presents duly signed by Its undersigned representllive, plnuant to authority of is governing
body.
WITNESS: (If Sole Ownership or Partnenibip. two (2) Witnesses required).
(If Corporation. Secretary only will attest and a.ffix seal).
PRINCIPAL:
PAlM BEACH MARINE C~NSTRUCTION, INC.
Name of FII111
Officer (affi:ted seal)
wed 0 {).~ (d61l-
1410 FORSYTHE RD.
Business Address
WEST PALM B~ACH, Fl 33405
City and State
BIB.2
- 244 -
SURETY:
~URETEC INSURANCe COMPANY
Corpooue Su~ty
WITNESS:
AS P~R ATTACH~O POWER OF ATTORN~Y
(affix seal)
JA N ATTORNEY IN FACT
9737 GREAT HillS TRAil, 5TE. 320
Business Addn:ss
AUSTIN, TX 78759
City Stale
NIELSON, ROSENHAUS & ASSOCIATES
Name of Local Insurance Agency
BIB- 3
- 245 -
I'OA II: 910004
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by Thrt;Je Pn:sel/ts, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized lIIld
existing under the laws of the State of Texas, and ,having its principal office in Houston, Harris COUllty, Tel(as. dQes by these presents
make, constitute and appoint
BreIt Rosenhaus, Ja,on Katz
its true and lawful Attorney-in-fact, with fllll power and authority hereby conferred in it> nmnc, place and stead. to exe~ute, acknowledge
and deliver any and all bonds, recognizances. undertakings or other instrument~ 01' cOntfncts orsurcly~hip to include waivcl's to the
conditions of contracts and consents of surely, providing the bond penalty does not exceed
Three Million Dollars and nollOa ($3,000,000.00)
and to bind the Company thereby as fully and to the sall;e extent as ifsuch bond Were Signed by the Presidell[, sealed with the cmporate
~Ml oflhe Company and duly attc~ted by its S~crdary, hereby mtilying and confirming. all thar the said Attomcy(s)-in.Fact may do in the
ptemises. Said appointment shall conllnuc in force uP.til 9/30110 and is made under and by authority or the following
resolutions of the Board of Direct aI's of the SureT€e Tnsurance Company:
Be iJ Rl!Jotved, that me .President MY Yice,Fresidenl,. any ~isl<lnt Vir::t.1'tc::liden~ any Secretary o~ any AssiSlanI Set:.retary shall be :md is
hereby ",c.tedwith .filll power and. authority to appoint My one or mOl'e suilable pe~on. 'as Attomey(s)-in-Fact to represent ~nd act for and on
behalf ortlla Comp/lIIY SIl1lj1:ct to thero llowlngprovision.:
AIJ07llIJ)'-in-FacJ may be given full power and authority for an(! in the OOlne of and ofbehal f of tho;: Company, 10 execute, acknowledge and
deliver. lUIy and all bonds. recognizances. eOnlmcts, 'l~nlS or Illdemnityand, other cOllditionnl 0'1' ol>ll8'\lQry IUldemldngs aod any and all
notices and dOCUmenl$ ~oeling Dr terminating the Comp(l,{ly's liability lhereundo;:r, and any such inslrumetUs so eXl:CUted by allY such
Attomry-tn-fa...i slulU be bindin,g upon. the Company lIS if sign<:u by Ibe Presidem aru:I ~ealed md eITMed by the Corporate Secretary,
8e if Resolved, lhal the signature of any ftuthoriuQ officet and seal of th~ Company heretofore or hereaftcraffixed m any power or at\l:lmey or
a'r.y etrtificaJ." ....1.llllg lhen;to hy faesimile, and any POWcl:r of "'!tOmey or eeJtifical:e be...-ing li<<:simile sigDlltl.lre orfacsimiIe o;eal SMI! be valid
and binding upon [~e Cornpa[lY with respc<:tlo any bond or undertaking to which it is a=hed. (AdQPled qr r1/11ccting held on 2(1' of April.
1999.)
State 0f1=.
County ofH.ni,
In MtlleSJJ Whereof, SURETEC INSl:'RANCE COMPANY has caused these pmentB to be signed by its President, and hSCOrpOfatc (leal
to be l1eretoafflXed this 281h day of October, A.D. 2008.
Ifj--..,,.,
",. <;\!Ri'.,N.:c~,
.:f:.....--.. :',.,';.{;\
), /,-!:( ~"' \8~..\
.~.~,.,. '-,"
",'W }' <;
t"~ \, ra .i:j
~\"'J. .--"',/'~J
'-;:~,,'J/
I>$~
On tbis 28h day of October. 2008 bor.;tre me personally r:ame B.J, King. l:Q me known, who, being by me duly Sworn, did depose and say, that he resides
in Houston, Texa~, that he is Presidalt ofSURETEC fNSU'RANCBCOMPAi'lY. the CQmpany d<:1;ctibcd in and which execuletllhe aoo.,. ill-$tromem;
th(rt he knows the seal of .aid Company.. lbat the seal affix~ to S<lid inStrurm:m iE such oorpor~ ~I; that it was so affixed by ordo:r of the Board of
Directors of~id Company; aud thathe sign...>d hi. llllrn(: Iher<:\o by iikc order.
-~~~~,~~~
My commission cxpi:res August 27.20!2
I, M. Brerlt Beaty. Assisrant Secretary of SURETEC INSURANCE COMPANY. do hereby cenify that the abo\'e and foregoing j,; a li'Ue Imd comcl copy
ora Powcrof Attomey, .~ceutcd by ~ajd Company, wbieh is stil1 ill 11111 force and effccl; ."d rm'lhor.71o... the resQlutions uflhe Board ofD!r<:<:ron;, set
out in (he I'(>wcr of Attorney an:: jn full torce and <,fteeL
Given under my hand and the Seal of said Company at HoustoIl, Tc:\a. this 2i:tn.day of October- ,20 ag. A,D.
e, MIch, en. Denny
. .' ~1'Ia.1G
State OfTexal
__AuQuIlI7.1ltl.I
Any Insll'Umillnlls8Uad jp ~)(tIl811 or the polnalty ~!lll.d above Is totally vold end wftlloul any I'slll:llty.
!'Qr verlflcsllon or the eutl1llrlty Qf this power you may call (113) a12..usoo any !lulIll1as. day blllwMn e:M ~ Md ~;oo ~m CST.
- 246 -
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, Jesl!"s Quevedo
, certify that I am the Secretary of the Corporation named
as Principal in the within bond; !hat Javier Quevedo
STA'IE OF FLORIDA
who signed !he said Bid Bond
on behalf of the Principlll. was then
signature. and his signature hereto is
attested for and in behalf of said C
Quevedo
COUNTY OF PAlM BEACH
)
Before me. a NotaIy Public duly commissioned. qualified ruld acting, personally appe.Rd
Javier Quevedo
to me well known. who being by me fust duly sworn upon oath, says
that he is the Attorney-in-Fact, for the palm Beach Mar ine Cons t., InC "and that he has been
authorized by Jesus Quevedo
10 execule the foregoing bond on behal f of !he
Contractor named therein in favor for the Owner, the City of Boynton Beach.
NOTARY PUBUC-ST!l1'E OF FI,01UDI\.
...'...... Julie Jackson
{W\eomm;..slo!l #DP823819
<~'!Jfl.i Exp!res: OCT. 14, 2012
"-."". lllU .'" . tl'rlC llmlj)n;~ co.,1NC.
llONDl:OTI .,,~w
cid~
81B.4
- 247 -
STATEMENT OF BIDDER'S QlIALmCA nONS
Each Contnlctor bidding on work included. in these General DocumenlS shall prepare and submit
the data requesled in !he following schedule of infonnution.
This data must ~ included In and made part of ellCh bid document. Failure to comply wilh !his
Instruction may be regarded 8$ justification for Rljecling !he Conb'8Ctor's proposal.
* a!tach additional sheets Jiving Ibc information
1.
Name of Bidder:
Palm Beach Marine Construction, Inc.
2.
Business. Addnlss:
1410 Forsythe Road
West palm Beach, FL 33405
3.
When Organized:
February 6, 2002
4.
Where Incorporated:
Florida
S. How many years have you been engaged in !he contracting business under !he present
finn name? 7 years
6. General chancter of work perfonncd by your c::ompany.
Marine Construction
7. Enclose evidence of possession of required licenses and/or business pennitll. (See At t ac hed)
8.
Number of employees.
15
9.
10.
Background and experience of principal members of your personnel, including (lfficers. * h d)
(See Attac e
Bonding capacity. $3,000,000.00 aggregate
11.
Have you ever defaulted on a C::Ofttl'llCt? If so. where and why? NO
mJ5 PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL
SBQ-I
- 248 -
STATEMENT or BIDDER;S QUALmCATlONS l:OOtfAucd......
12. Experience in perfonnance.
Project
S Value
Contact Name
Phone #
(See attached "Projects Experience List")
13.
ContraclSonhand.* (See attached "Current Projects List")
14.
Largest completed projectS (include final cost).
Jupiter pointe Marina - $1,500,000.00
I)
FPL - Port Everglades - $ 1,100,000.00
2)
3)
T05cana Condominiums - $925,000.00
IS. Ust all lawsuits (design and/or construction related) or arbitrations to which you have
been a part)' and which: * None
1) arose from construction projccts: ·
2) occurred within the last 4 years: *
3) provide case number and style: *
Dated at;
20~
N
Javier Quevedo
(printed Of typed)
Title:
president
K"", o:lJ](W]
TIllS PAGE MUST BE SUBMlTI'ED ALONG Wn1lI'ROPOSAL
S8Q-Z
- 249 -
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- 251 -
PALM BEACH MARINE CONSTRUCTION, INC.
CONTRACTS ON HAND
John U. Lloyd Beach St<Jte P<Jrk
6503 N. Ocean Drive
Hollywood, FL 33022
Mitch Fenton, Project Manager
Fl DEP, Div. of Recreation & Parks
Bureau of Design & Construction
3540 Thomasvill@ Road
Tallahassee, FL 32309
850-488-5372/850-488-3537
mitchell. Fenton (l'i)deo.state. fl.us
FPL Port Evergl<Jdes Plant Units 1 & 2
Dredging PrOject
8100 Eisenhower Blvd.
Fort lauderdale, FL 33316
O<Jve Aromiskis, Project Manag@r
Florida Power & Light
8100 Els@nhower Blvd,
Fort Lauderdale, f:L 33316
954-527-3501
O<Jve.Aro m iskis@fl o. com
Naples Marco Pass Dredging Project
Naples, Florida
Jesse Crawford-Mancini
US Army Corps of Engineers
Tampa Resident Offic@
6320 S. Dale Mabry Highway
T<Jmpa, FL 33611
813-831-4894/813-831-4897
lesse.crawfordmandnl@usace.armv.mil
- 252 -
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- 254 -
State of Florida
Department of State
I certifY from the records of this office that PALM BEACH MARINE
CONSTRUCTION, INC. is a corporation organized under the laws of
the State of Florida, filed on February 6, 2002.
The document number of this corporation is P02000015305.
I further certify that said corporation has paid all fees due this office
through December 31, 2009, that its most recent annual report was filed
on March 18, 2009, and its status is active.
I further certify that said corporation has not filed Articles of
Dissolution.
Given under my hand and the Great Seal of
Florida, at Tallahassee, the Capital, this the
Eighl~
' · '.' ' .,., c: .' '.,
Suretaryof State
Authentication ID: 400157423604-061809-P02000015305
To authenticate lIlis oertifioate,visit Ihe following site, enter Ihis
!D, lIIId then follow the inslruclions dlsplllyed.
h UpS :flefile.su n biz.org/certa uthver .htm I
- 255 -
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- 256 -
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BIDDER'S SITE INSPECTION CONFIRMATION
Check One:
E9 NON-MANDATORY
o MANDATORY
BID TfI1..E;
Oceanfront Park Replacement of Boardwalk
Bll)~ER: 002-2730-l0/CJD
DATE:
12/8/09
Cebrone Atkins
IL'j an authorized reprcsenUltlvc of.
cPrint Name and Title of Rcprescntative)
Palm Beach Marine Construction, rne. (hereinafter called the bidder) located at
(Print Name of Company)
1410 Forsythe Road, west palm Beach, FL 33405
Company Address
ork and has carefully examined the plans and speciflCfttlons for
in detail bef~ submitting hi!! bid or proposal.
and that said
12/2/09
DATE OF INSPEcrJON
OWNER'S REPRESENTATIVE
SIGNATURE FOR MANDATORY ONLY
Rev. 1V3003
85M
- 257 -
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of Florida
County of Palm Beach
Javier Quevedo
. being first duly swom, deposes and says that:
I) He is President of Palm Beach Marine Const., Inc..
(TIlle) (Name of Corporation or Finn)
the bidder that has submitted the attacned bid:
2) He is fully informed respecting the preparation and contelllS of the attached bid and of all
pertinent circumstances respecting such bid;
3) Said bid is genuine and is not a collusive or sham bid;
4) Further, the said bidder nor any of its officers, partneI'!l, owners. agents. represemativcs.
employees or panics in inteItSt. including: this affiMl, has in any way colluded. conspired.
connived or agr=d. directly or indirectly with MY other bidder, rmn or person to submit a
collusive or sham bid in connection with the Conlnct for which the anaclled bid hu been
submitted or 10 refrain from bidding in t(lnnection with such Con1rDct, or has in any manner,
deetly or indirectly. sought by agreement II collusion or communications or conference with
any other bidder. linn or person to fIX the price or prices in the attached bid or of any other
bidder, or to fix any overhead. profit or COSt element of the bid price or the bid price or any
other bidder. or to SCClll'e through any collusion, conspiracy. connivance or unlawful agreement
any advantage against the City ot Boynton Beach (local Public Agency) or any
person interested in the proposed Contract; and
5) The price or prices quoted in the attached bid are fair and proper and ~
collusion, conspiracy, connivance or unlawful agreement on the of b' or any or its
ageQ~, rc:prc:sentatives. owners, employees, or parties in i Iud" s affiant.
Subscribed and sworn to before me
This ~ dayof Deceml:ler . 2O...Q2....
My commission ex ires 10-14-12
I NoW-r'1 A.J;h'c...
Quevedo, President
(Title) J
:\Q'I'AR'l PUBliC-STATE or- fL01UDA
.......,... J\llie J;wkson
{w ~Commi:l~iou #])])823819
"'~.1 txpim: ocr. 14, 2012
ll(lNJ;l1lD TlIRU ATLA.'mC DONDmC co" INc'
THIS .A.GIt'l'O BE SUBMrt'l'IW A.LONG WITH BID IN ORDEIl
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
NCA.I
- 258 -
ANTI.KICKBACK AFFIDAVIT
STATE OF FLORIDA
)
: 55
)
COUNTY OF PAlM BEACH
I. the undersigned hereby duly sworn, depose and say !hat no portion of the s
paid to any employees of the City of Boynton Beach lIS a commi ion, kick
directly or indil'Cl:tly by me or any member of my ftrnl or by in 0 of the
By:
In bid will be
. reward of gift.
on.
Sworn and subscribed bef(R me
this 8 t:h day of December
20~
Printed Infonnalion;
Javier Quevedo
NAME
cly~
at Large
President
TITI..E
Palm Beach Marine Const., Inc.
COMPANY
NOTARY Ptlm,lC.~TA'l'E OF FLORIDA
,.,......,.~ Jt\lle Jackson
{_ i COI1JIl1;:;"i:lll Ii ])1)823819
\"......'1 Expire,!: OC"I'. t 4, 2012
nOND1Jl mu ATt.\NI'IC n~~":lING cO"me.
"OFFlClAL NOTARY SEAL" STAMP
nns PAGE TO BE SUBMlTJ'ED ALONG WITH PROPOSAL IN ORDER FOR
BID PACKAGE TO BE CONSIDEUD COMPLEtt ANn ACCI!;I"fAIILR
AKA-I
- 259 -
CONFIRMATION OF MINORITY OWNED BUSINESS
A requested form to be made a part of our files for future use and information. Please till out and
indicate in the appropriate spaces provided which CllteJ01')' best describes your company. Return
this form with your bid proposal sheet making it an official part of your bid n:sponse.
Is your company a Minority Owned Business ? X
Yes No
IfYcs. please indicate by an "X" in the appropriate box:
( ) AMERICAN INDIAN
( ) ASIAN
( ) BlACK
(~ mSPANlC
( ) WOMEN
( ) OTHER
(specify)
( ) NOT APPUCABLE
Do you possess a Certification qualifying your bUlliness as Il Minority Owned Business?
YES x NO
(See attached)
If YES. Name the Organization from which this certification was obtained and date:
State of Florida
Issuing Organiulion for Certification
February 27, 2009
Date of Certification
THIS PAGIt TO 8E SUBMITTED ALONG wmr PROPOSAL
MOB. I
- 260 -
- 261 -
CONFIRMATION OF DRUG-FREE WORKPLACE
mENTICAI TrnHm~
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more bids whic:h are equal with respect to price, quality, and service are received by the City of
BoynlOn Beach or by any political subdivision for the proc~ment of commodities or contractual
services, a bid received from a business that cenifies thal 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-he wortplacc
program. In order to have a drug-free workplace program. a business shall:
I) Publish a statement notifying employees that the unlawful manufactu~ 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) (nfonn 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 prognmlS, and the penalties that may be imposed upon employees for
drug abuse violations.
3) Give each employee Cllgaged in providing the commodities or contrlc:tual services that are
under bid a copy of the statement specified in subsection (I ).
4) In rite stalement specified in subsection (I), notify the employee that, as a condition of
wOt'king on the commodities or contractual services that are under bid, the employee will
abide by the tenus 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 occuning in the workplace no later than
5 days after such c:onvlclion.
S) Impose a sanc:tion on. or requiIe 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 8 dmg-free workplace through
implementation of this section.
As the person authorized to sign tbe statement, I certify
the above requirelllents.
ftnn compUes I'olly with
Vendor's Signature
vier Quevedo, President
alm Beach Marine construction, Inc.
THIS PAGE TO BE SUBMInIID ALONG WITH PROPOSAL IN OJIDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCIPT ABLE
DFW-!
- 262 -
SAFETY PROGRAM COMPLIANCE
Safety is a high priority in the conducting of bll5iness in the City of Boynton Beach. Pref'enlnec
shall be given to contractors with an established safety prognm following a.S.H.A. guidelines.
and documented rc5ults establishing a safe working environment.
I. Bidder shall provide a copy of the Safety Program(s) to be in effect for the dW'8tion of the
Contract (attach to the back of this form). (See attached Safety Manual)
2. The City reserves the right to conduct periodic safety inspections of the contractor.
subcontractor. employees. agenu. etc. througJtoutthe duration of the Contraet.
3. The City reserves the right to tenninate the Contract where it is detennined that the contractor
(X" subcontractor is in non-compliance of the ufdy tenus. regulations or requirements
established by a.S.H.A. or the Slate.
As the person authorized to slID the statement, I certify that ibis firm complies faUy withsthe above requlremcnts.
THIS PAC!!: TO a~ SlJBMI'ITED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGIt TO Bit CONSIDERED COMI'LETE AND ACCEPTABLE
51'(: .1
- 263 -
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- 267 -
Delta Touch-Clean@ Raincan Showerhead : Repairparts Products: Delta Faucet
Page 10f1
~. DELTA
Me wIlIt Dtltl CIII lID'
Delta Touch-cleanCB> RalneRn Showerhead
LIst Price.. Shown (US I)'
Showtring ComponerQ (RP42$7f11
. Features 8 hditIQn.l...pot stylng Touch-C1eard Ralncan Showerhead Smart Futu....
with 8 new, modClM detlgn. Model It. RP4257B
. Matching lICCUSOlies and lighting . .. T(II,Ich Clean
complete the look in the bath.
. Touch-Cleantll Rain Can
Showerhead
. 5.9" Spray face diameter
. 2.5. llhowert1ead length
. Ufellme Faucet and Finish Wtwranty
1. The rnanuf8ctul'el1lliat price (U.S. donal'l) II lhown far comparison only. The actual Uti price may b.low8r th.n the
price shaM!.
02009 Deltt FIlICIt Company.
http://www.deltafaucet.comIrepairparts/detailslRP42S78.html
12/0312009
- 268 -
T &5 Brass and Bronze Works, Inc.
Page 1 of2
U.,ln tOl Rell Nel I E.Store I TII.S Unl~ef,ity
~
F'l'OOud$ I Pails & Specs I l*lrbutlon Partners I Ne.. I U",alUre
CONe~... -D ft'RAIGIIT VALv!
Moael: I:lRari
" Str'lllOlIt ~alYe
. 1/2" IPS 'em. IlIlet end outlet
. four ann hIInalf: - OCOI~"
. Ad1u"~b1. waP nanoe
lfGI
Model! II::1W
~
.-lD2'-o1 SI!TIlI al 8-ICl25 e.cepl with
OHOI" IIa.w:Ile
a-1D21 IIIma ... 8-1025 except ..-n
deBr IIlpIne handle (OOlt....-4!'ill';old
..1021-01 Qme a~ ""1l25 exccpl with
C1e.!1r Alpine handle (001144-'*511101
Note: __,lIamll
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II" (20:mml CMlU,~
. 1'2" IPS 'emM union Inl'l$
. 1(2" IPS remllle lap o~tlH
. four ~ hend'e.
"'10315-51' same as B-tOlS entpl:
rurnllMd Wim iooM Ioey ~dle I'llCUI'DI
stOK
II-II1H 5ilrt1e ti lH03S e~c;ept wtlh
dear AlPlfle fMncll..(OOll""-451
"'1017 lIIlI'r'oe ... 6-1035 anapl: Wilh
wider ~pe unl"n Inlet$ ror 518" 00
Cllpper twin;
..101a $OIfIle as .,.1037 excapt with
C1e~r "lpI"a handles (0011<1<1-451
Note: A__'...-II
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Shower V.lves
MOIM'I f1:JJtD
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MMith I=1Ul
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http://www.tsbrass.com!index.cfin?page=product&JD=l 17
- 269 -
Vid~. I About I Co..htd. I
~tlCIALED SftAIGNT VaLYI
. strlllghl 11_ ...,'-dll$l"ll v3lve
. 1/2" IPS fe_la Inlet _ "lIllet
. vanllall'tSlstanl
" Bl...k lnae~
..10a'-Olll1me as 11-1029 exOlpt Inde.ed cold
...10:a.-o1 same.1 B-1D29 ""~ I""".or<! llI)I;
Note: ......__.............11I_",.
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TWO-WAY fttvFlnPBnY.al-n
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12/0312009
TicS Brass and Bronze Works, Inc.
Page 2of2
8ed~n w.""".... A<:I:__ Cn_...ts OIIlP-' f"'~~ P.O. _ lOBI
2 ~""'Mck C4vo
Em"ll""C'/ ~q'''''m."' G_ fllle.vw_ S!..uo" LolIo......, T....... .1St. SC ne90
phon.: 1.IOO-4n.4103
_.alII. "'1IIl'''''ce conneaon: P<lt/lI;IItlIB I'IA... II '..telS Pre-flln"" Unti fox: 1__,,,,,,,
~pojr I(l~ ShowIr SIIr8Y1 II 1I<<urGrIll. Slngl. l_ f..a.b "'')Ii I.h Pr1ve
Unll220
ilo1h F....... 5~" SlIppIIK V_III 8talCsl_Pow_.ru.. Slml V.ky. <:A 9lD63
ph.n.: 1.100.423.0150
W~hll_ SOIU,I... W.1l1 V......-o"'IM 1..: 1.100-273-1711
Co",,"'1 c: 2009 TM Ilo'llU. ,tIA righU. ....~.
http://www.tsbrass.comlindex.cfm?page=product&ID=l t 7
l1J03flOO9
- 270 -
Metering Shower Systems - Symmons - the smart choice
",
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S,\'MMONS"
the smart choica-
QUICK PROO~C~ SfAIl:CI<,'
Page 1 of2
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f'liuMIftt..".I.....n..IIMGut.dtt.. t:oItal6f\. ww11N1H...,...t
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KtlCMt> I'MIUII
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MIII~ Slt_ S~I"'"
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Tub/Showc< SY'I~
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wa~ ElfI.....1
1Irow1~ By Fillm~ly
Wldo:t< ~t ,,"",lids
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Metering Shower Systems
Syn'U'IIOm mell!l'ln1 shower valves and
systems pI'OIIIlle a positive solution 10
the lu~ I)f water w~le olInd hol
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http://www.symmons.comlContractors-and.EngineerslProduct-<:ategoriesIMetering.Shower-Syst... 12/03f2009
- 271 -
Metering ShowCl' Systems - Symmons ~ the smart choice
Page 2 of2
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Shower S".tm$I+4Zll
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.......n<ed Selrdll ~u<l MtltnCt LIbra.., I Whrre 'ollw I ...... I llt._
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http://www.symmons.comlContraetors.and.EngineefSlProduct.CategoriesIMeterlng-Shower-Syst... 12/0312009
- 272 -
(Does Not Apply)
TRENCH SAFETY ACT
AFFIDAVIT
On October I, 1990, House Bill 3183. known as the Trench Safety Act became law. This
incorporates the Occupational Safety & Health Administration (OSHA) revised excavatiOI1 safety
standards. citation 29 CfR.s.I926.650. as Florida's own standards.
The Proposer. by vinue of his signature beJow, affinns chat he is aware of this Act. and will
comply with all applicable trench safety sWtdards. Such BSsurance shall be legally binding on all
persons employed by the Contractor and his subcontractors.
The proposer is also obligated to identify his anticipated method and cost of compliance with the
applicable trench safety standards.
PROPOSER ACKNOWLEDOES THAT INCLUDED D'.: THE VARIOUS ITEMS OF 11IE
PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH TIlE
R..ORlDA TRENCH SAFETY ACf (90-96 LAWS OF FlDRlDA). 1HESE ITEMS ARE A
BREAKOur OF 1HE RESPECIlVE ITEMS INVOLVING TRENCHING AND wnL NOT
BE PAm SEPARATELY, THEY ARE NOT TO BE CONRTSED WfIH BID ITEMS IN 1HE
SCHEDULE OF PRICES. NOR BE CONSIDERED ADDmoNAL WORK.
IN ORDER TO BE CONSIDERED RESPONSIVE, 1HE PROPOSERS MUST COMPL..ETE*
THIS FORM. I.E, IDENTIFY THE COSTS AND ME'IlIODS SUMMARIZED BElOW, SIGN
AND SUBMIT IT WITH TIlEIR BID DOCUMENTS.
Name of Proposer
AUChorized Signatu[!l of Proposer
"'COMPLETlON REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAfi.S
UNDER THE FOLLOWING HEADINGS:
DescriDtlon
Unit
Quantity Unit Price
Extended Price
Method
THIS PAGE TO BE SUBMrrrED ALONG WI'I1I PROPOSAL IN ORDER
POll BID PACKAGE TO BE CONSIDERED COMPLETE AND A.CCEPT ABLE
TSA -1
- 273 -
BiD TiTLE: OCEANFRONT PARK REPLACEMENT OF BOARDWALK
BID ~urvrBER:002-273()"10/CJD
PROJECT NUMBER: CP0429
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into tillS day of ,20_,
by and between the CiTY OF BOYNTON BEACH, a mw:ricipal corporation ofFlorida,
hereinafter called the "CITY" or "OWNER" and Palm Beach Marine Construction, Inc.
a Florida Corporation ~
a Florida General Partl'ership ~
a Florida Limited Pattnership ~
a Sole Proprietor "-)
Check One
hereinafter called "CONTRACTOR",
WITNESSETH
WHEREAS, The City has heretofore invited bids for a City construction project
("Project") identified by tile bid title, bid number and project lllunber listed above atld
commonly referred to as: OCEANFRONT PARK BOARDWALK REPLACEMENT
NAME OF BID
WHEREAS, Contractor, in compliance with thc bidding requirements announced
by the City, submitted a bid on the 8th da,"' of December, 2009, for the total bid amount of
$1,281,262.00.
WHEREAS, On the 5th day of January, 2009, the City Commission designated
contractor as having submitted the bid that was most advantageous to the City and
authorized the execution of this Agreement; and,
WHEREAS, the Parties agree that the Project is scheduled to achieve Suhstantial
Completion without interruption within 336 calendar days as specified in the Notice to
Proceed, subject to CITY approved time extensions.
KOW, THEREFORE, in consideration of these premises and the mutual
conditions and covenants contained herein, the parties agree as follows:
C -1
- 274 -
1. AGREEMENT
1.1. The Parties agree that:
1.1.1. The foregoing "Whereas" clauses are true and correct and
incorporated herein by this reference.
1.1.2. The CITY does hire and employ the CONTRACTOR to provide
construction services for completion of the Project.
1.1.3. The CONTRACTOR does accept this Contract and docs agree to
furnish the necessary labor, tools, equipment, materials and
supplies, etc., and to complete the Project by perfom1ing all the
work as set forth in the this Contract and the Contract Documents
for the price and amounts sct forth in Contractor's bid.
1.1.4. Contractor is an independent contractor as that term is set forth in
the General Conditions for Constmction GC-2, INDEPENDENT
CONTRACTOR.
1.1.5. Unless otherwise provided, all time frames referenced 111 all
Contract Documents shall be calendar days.
2. SCOPE OF SERVICES
2.1. The Project consists of those improvements described and set fonh in the
Contract Documents.
2.2. The "Contract Documents" arc the compilation of the following individual
documents:
2.2.1. Advertisement for Bids
2.2.2. Instructions for Bidders
2.2.3. Bid Proposal
2.2.4. Bid Bond
2.2.5. General Conditions for Construction (GC) - all references to
"GC" shall
be to section numbers
2.2.6, Construction Contract
2.2.7, Certificate ofInsurance
2.2.8. Public Construction Bond
2.2.9. Technical Specifications
2.2.10. Contract Drawings and Plans
2.2.11. Addenda
2.2.12. Written directives or interpretations
2.2.13. Manufacturers warranties
C-2
- 275 -
3. OBUGA nONS OF CONTRACTOR
3.1. Contractor shall:
3.1.1. Furnish all materials, supplies, machines, equipment, tools,
superintendents, labor, insurance, and other accessories and
services necessary to complete said project in accordance with the
conditions and prices as stated in the Contract Documents.
3.1.2. Perform all the work and labor pursuant to this contract and all of
the materials furnished shall bc in strict confonnity with the
Contract Documents. CONTRACTOR further accepts and
consents to the conditions contained in said Contract Documents
and expressly agrees to comply with every requirement and
stipulation therein contained.
3.1.3. Furnish all tools, equipment, materials and supplies and to do all
the work above mentioned in a first-class, substantial and
workmanlike manner, and in conformity with the detail for said
work on file in the office of the Project Manager and strictly in
accordance with the Contract Documents.
3.1.4. CONTRACTOR shall furnish cach subcontractor or material
supplier with a copy of his Public Constmction Bond within five
(5) days or subcontractors' work or material supplying and shall
maintain records to establish that notice. A copy of said notice
shall be provided to the City's Project Manager at time oFissuance.
3,1.5, Guarantee all work and materials for a period of one (1) year, as
set forth in the General Conditions for Constmction GC-24,
WARRANTY. Warranty period shall commence with date of final
acceptance as set Forth in the Technical Specifications for
Construction 01700, EXECUTION REQUIREMENTS. Comply
with the provisions of Section 255.05, Florida Statutes, if
applicahle.
3.1. 7. Pay promptly, before final settlement, any and all claims or liens
by subcontractors or material suppliers, incurred in and about this
work.
3.1.8. Remove and clean up all rubbish, debris, excess material,
temporary structures, tools and equipment from streets, alleys,
parkways and adjacent property that may have been used or
worked on by the CONTRACTOR in connection with the project
promptly as such section or portion is completed and ready for use,
leaving the same in a neat and presentable condition.
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3.1.9. Observe and comply with the provisions of the charter, ordinances,
codes and regulations of the City of Boynton Beach, Florida.
3,1,10, Obtain wriUen approval from the CITY of all subcontractors not
disclosed in the Contractor's bid document.
3,1.11, Perform such other tasks as set forth in the Contract Documents.
3.1.12. Shall provide all required bonds, insurance certificates and any
other required security for performance of thc Project within ten
(10) of the Award of the Project.
3.2. The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and
will be required to make good at his own cost any damage or injury
occuruug from any cause resulting from their acts or omissions, or the acts
or omissions of their subcontractors or suppliers.
4. CITY'S OBUGA TIONS
4.1. City shall provide a written Notice to Proceed at the time of the scheduled
Pre~ConstruClion Meeting.
4,2. Makc timely payments for the work in accordance with the procedures and
time frames set forth in the Contract Documents.
4.3. On satisfactory completion of the Project, provide a written final
acceptancc and payment for the entire project.
5. COMMENCEMENT OF WORK
5.1. CONTRACTOR hereby agrees to COmlTIenCe work under this contract
within (10) calendar days of the Commencement Date speci fied in the
written "Notice to Proceed," and to achievc Substantial Completion
without interruption within 336 calendar days thereafter.
5.2. Time is the essence of the contract. In the event the CONTRACTOR shall
fail to timely commence the work following Notice to Proceed or fail in
the performance of the work specified and required to be performed within
the time limit set forth in the contract, after due allowance for any
extf;:Jlsion or extensions of time made in accordance with the Contract
Documents, the CONTRACTOR shall be liable to the CITY, as liquidated
damages, the amount stipulated in Section 6.0 hereinbelow for each and
every calendar day that the CONTRACTOR shall be in default of
achieving certification of Substantial Completion,
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5.3. CONTRACTOR shall notify the Project Engineer in writing of any change
in the names and addresses of each subcontractor proposed for principal
parts of work, and any changes in subcontractors from those proposed in
CONTRACTOR'S bid proposal, and for such others as the Project
Engineer may direct, and shall not employ any that CITY may, within a
reasonable lime, object to as incompetent or as unfit.
6. LIQUIDATED DAMAGES
6.1. The CONTRACTOR further agrees to pay $3,500.00 per day as liquidated
damages, for failure to begin within ten (10) days of CITY'S issuance of
the "Notice to Proceed" or failure to achieve Substantial Completion
within 336 calendar days from the Commencement Date as indicated in
the written "Notice to Proceed". The CITY shall have the right to deduct
said liquidated damages from any amount due, or that may become due
the CONTRACTOR, or to collect such liquidated damages from the
CONTRACTOR or his Surety.
6.2. Punch list itcms recorded as a result of inspections for Substantial
Completion are to be corrected by the CONTRACTOR within thirty (30)
calendar days and prior to any request for Finallnspcction, Testing and
Acceptance as statcdin the General Conditions for Construction (GC-50).
If the Substantial Completion punch list items have not been corrected by
the CONTRACTOR within the thirty (30) calendar day period, at the
discretion of the Project Manager, Liquidated Damages may be applied as
described in Section 6 above.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The CONTRACTOR warrants that quoted prices include the protection
and continuous use of all existing work in process, property or operations
of the CITY as more particularly set forth in the Technical Specifications
for Construction, 01540, SECURITY AND SAFETY PROCEDURES
FOR INFRASTRUCTURE PROJECTS, and/or 01541 SECURITY AND
SAFETY PROCEDURES FOR WATER TREATMENT PLANT
PROJECTS.
8. INDEMNIFICATION
8.1. The CONTRACTOR shall indemnify and save hannless and defend the
CITY, its agents, servants, and employees from and against any claim,
demand, or cause of action of whatsoever kind or nature arising out of
error, omission or negligent act of CONTRACTOR, its agents, servants, or
employees in the performance of services under this Agreement.
8.2. CONTRACTOR shall indemnify and Save harmless and defend CITY, its
agents, servants and employees from against any kind and all causes,
claims, demands, actions, losses, liabilities, settlements, judgments,
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damages, costs, expenses, and fees (including without limitation
reasonable attorney's and paralegal expenses at both the trial and appellate
levels) of whatsoever kind or nature for damages to persons or property
caused in whole or in part by any act, omission, or default of the CITY, its
agents, servants or employees arising from this cOntract or its
performance. The CONTRACTOR and the CITY hereby agree and
covenant that the CONTRACTOR has incorporated in this original bid,
which constitutes the Contract sum payable by the CITY to the
CONTRACTOR, specific additional consideration in the amount of ten
dollars ($10.00) sufficient to support this obligation of indemnification
provided for in this paragraph. The indemni I1cation required pursuant to
the Contract shall in no event be less than $1 million per occurrence or no
more than the limits of insurance required of the CONTRACTOR by the
Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S
full intention that this provision shall be enforceable and said provision
shall be in compliance with Section 725.06, Florida Statute.
8.3. The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision,
as well as the insurance provisions which are set forth in the General
Conditions for Construction. However, the indemnification provision, and
Lhl: inwranee provision contained ill the General Conditions for
Constmctlon arc not interdependent of each other, but rather each one is
separate and distinct from the other.
8.4. The obligation of the CONTRACTOR to indemnify the CITY is not
subject to any offset, limitation or defense as a result of any insurance
proceeds available to either the CITY or the CONTRACTOR.
9. PAYMENT BY CITY
9.1. The CITY agrees to pay the CONTRACTOR in current funds for the
perfomlance of the contract, subject to additions and deductions as
provided in the Contract Documents.
10. CHANGES IN THE WORK
10, I. The CITY, without invalidating the Contract, may order extra work or
make changes by altering, adding LO or deducting from the work, the
Contract sum being adjusted accordingly. All such work shall be executed
under the conditions of the original Contract. Any claim for extension of
time caused thereby shall be made in writing at the time such change is
ordered. Changes in the work must be processed as seL forth in the
General Conditions for Construction GC-46, FIELD CHANGE
DIRECTIVES/CHANGE ORDERS. No Field Change Directive or
Change Order shall be authorized by the Project Manager if the Contractor
has added language to the Field Change Directive or Change Order or to
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any cover letter, e-mail, facsimile or other written document which
accompanies the Field Change Directive or Change Order in which the
contractor attempts to reserve any future right or claim arising out of the
work which is the subject of the Field Change Directive or Change Order.
10.2, All change orders and adjustments shall be in writing and approved by the
Project Manager, otherwise, no claim for extras will be allowed.
10.3. Claim of payment for extra work shall be submitted by the
CONTRACTOR upon certified statement supported by receipted bills.
Such statements shall he submitted for the current contract payment for
the month in which the work was done, No claim for extra work shall be
allowed unless same was ordered, in writing, as aforesaid and the claim
presented at the time of the first estimate after the work is completed.
11. PROJECT ENGINEER
11.1. The Project Engineer ("Engineer") is Miller Leee.
11.2. The Project Engineer shall have general supervision and direction of the
work. The Project Engineer is the agent of the CITY only to the extent
provided in the Contract Documents and when in special instances he has
the authority by CITY to act, and in such instances he shall, upon request,
show CONTRACTOR such authority in writing. He has authority to stop
the work whenever such stoppage may be necessary to insure the proper
execution of the Contract.
11.3. As the Project Engineer is, in the first instance, the interpreter of the
conditions of the contract and the judge of its perfonnance, he shall side
neither with CITY nor with CONTRACTOR, but shall use his authority
pursuant to the Contract to enforce its faithful performance by both
parties.
11.4. In the event of a dispute, the role of the Proj ect Engineer is to make
recommendations to the Project Manager who shall make the final
decision,
12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the
General Conditions for Construction GC-27, INSURANCE.
13. CONTRACT CONTROLS
13.1. This Contract must be construed with all other Contract Documents, a
master set of which shall be maintained by the City Clerk of the CITY. In
the event of a dispute, only the master set of documents, or copies thereof
certified by the City Clerk, shall be used as evidence.
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13 .2. In the event 0 r a conflict between the requirements or specifications set
forth in the Contract Documents, the conflict shall be resolved by written
interpretation by the CITY, or its representatives as set forth in the
General Conditions for Construction (GC-17, CONTRACT
INTERPRETATION. In reconciling conflicting provisions of the Contract
Documents, the Contract shall have the greatest weight, followed by the
General Conditions for Construction and finally by the balance of the
Contract Document
14. TIME OF ESSENCE
14.1 . Inasmuch as the provisions of the Contract Documents relating to the
times of perfonnance and completion of the work are for the purpose of
enabling the CITY to complete the construction of a public improvement
in accordance with a predetermined program, all such timc limits are of
the essence of the Contract.
15. REMEDY FOR DELAY
15.1. In the event of any delay in the project caused by any act or omission of
the CITY, its agents or employees, by the act or omission of any other
party other than the CONTRACTOR, his agents, employees or
subcontractors, or delay caused by weather conditions or unavailability of
materials, thc sole remedy available to CONTRACTOR shall be by
extension of the time allocated to complete the project.
15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED
TO CONTRACTOR m ASSOCiATION WITH ANY DELAY TN THE
PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS
AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES
THIS LfMITATTON ON RECOVERY AND ASSUMES ALL
MONETARY RISK ASSOCIATED WITH THIS LIMITATION,
CONTRACTOR hereby acknowledges that hI) has (I)ad and understands the above
provision.
INITIALS
15.3. Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for
completing the work within the time allocated by this contract.
J 5.4. All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction GC-23,
EXTENSION OF TTME/NO DAMAGES FOR DELAY.
15.5. for the purpose of this section, the phrase "the CITY, its agents and
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employees" .shall include but shall not be limited to the Project Engineer
and Project Manager.
16. DISPUTES
16.1. Disputes shall be resolved as set forth In the General Conditions for
Construction GC-18, DISPUTES.
16,2 Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
IN WITNESS WHEREOF~ the CITY has caused these presents to be signed by
its City Manager, attested to by the City Clerk with the Corporate Seal of the said CITY
and the CONTRACTOR has executed these presence the day and year herein before
written.
Signed, sealed and witnessed
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
City Manager
Attest:
Approved as to Form:
City Clerk
City Attorney
Signed, sealed and witnessed
in the presence of:
PALM BEACH MAlUN~ CONSTRUCTION, INC.
President or Vice President
Attest as to CONTRACTOR
State of Florida
)
) sis;
COLmty of Palm Beach
)
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On this _ day of
authorized to administer oaths,
known to be the persons
, 20_, personally appeared before me, duly
described herein or who has produced
as identification and who executed the foregoing
instrument and has acknowledged before me that they have executed same.
Notary Public
My Commission Expires:
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9. B
CITY MANAGER'S REPORT
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
D ANNOUNCEM ENTS/PRESENT A TIONS ~ CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: Accept the City of Boynton Beach FY2008/2009 Annual
Grants Report.
EXPLANATION OF REQUEST: The mission of the Grants Team is to enhance the achievement of
the City's overall goals by providing research, planning, support, feedback and other
assistance to its departments in the development of alternative funding sources for citywide
projects. The Grants Coordinator prepares an Annual Grants Report each year, which
summarizes the City's previous year's grant activity.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Grants Team provides grant
development support services to City departments through the identification and monitoring of
federal, state, regional, and local grant opportunities. Team members and department staff
seek funding for priorities identified during the budget process. Team members and staff
specifically focus on meeting department goals, supporting the Capital Improvement Program
(CIP) and responding to citywide emergency needs. The Annual Report serves to document
citywide efforts and identify focus areas for the next fiscal year.
In FY 2008/2009, departments submitted 19
applications for grant funding, totaling $10,735,173; of the 19 applications:
.:. 9 ($6,066,042) have been awarded funding with contracts executed
o COPS Hiring Recovery Program application partially funded
.:. 10 ($2,964,323) are pending award notification
An application is not required to receive the formula-based entitlement funding through the
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Florida State Housing Initiatives Partnership (SHIP) Program. Instead, our City must provide a Local
Housing Assistance Plan and Ordinance in support of the local housing assistance program. This is
required every three years, with regular monitoring reports. The City received $525,681 for FY2008/09
with an expenditure date through FY2010/2011.
Due to the length of time it takes for review and approval at the state and federal level, some
grants that were awarded, were submitted during the last fiscal year and some that are pending, will
probably not be awarded until next fiscal year. However, it is important to note that the ratio of awarded
applications remains above 85%, a reflection of well-trained staff effectively using available resources.
In addition to applying for grants, staff actively manages multiple grant funded projects. This
includes reporting to the funder, preparing for the audit and managing project or program issues. During
this fiscal year, 22 federal, state and local grants, totaling $2,836,500 were closed out as projects were
completed. Management and compliance requirements can take a significant amount of time and
resources. Staff is to be commended for their efforts.
The following report is attached for FY 2008/2009:
· Annual FY09 Narrative Grants Report
· Application Activity Report (19 Applications Totaling $10,735,173)
· Grants Awarded Report (18 Grants Awarded Totaling $7,901,067)
· Funding Source Report (Federal, State, Local & Foundations)
FISCAL IMPACT: None.
ALTERNATIVES: Not accept the report.
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City of Boynton Beach
FY2008-2009 Annual Grants Report
Boynton Beach Grants Team
December 21, 2009
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Introduction
The Grants Team provides grant development support services to City departments through
the identification and monitoring of federal, state, regional, and local grant opportunities.
Team members and department staff seek funding for priorities identified during the budget
process. Team members and staff specifically focus on meeting department goals,
supporting the Capital Improvement Program (CIP) and responding to citywide emergency
needs. The Grants Coordinator provides the following:
. Orientation for all new Grants Team members
. Grant writing assistance
. Grant proposal quality review
. Special project funding availability analyses
. Grant lifecycle monitoring
. Grant management training
. Serves as the Organization Administrator for eCivis Grants Network software
. Pre-audit preparation
. Special assistance to outside organizations as approved by the City Manager
An Annual Grants Report is published each year, which summarizes the City's previous
year's grant activity.
The Annual Grants Report and subsequent Quarterly Reports update and summarize data
on departmental grant activity and Grants Team projects. The reports reflect information
received from departments regarding grant applications and awards.
Grant Team members' diligence in using the tools provided by the City is essential to
communication and effective record keeping. Accordingly, the Grants Coordinator solicits
comments, suggestions and recommendations regarding grants management tools and this
report, which is used to increase the overall efficacy of the program.
Grants Team Mission Statement:
To enhance the achievement of the City's overall goals by providing research, planning,
support, feedback and other assistance to its departments in the development of alternative
funding sources for citywide projects.
Team Structure/Protocol
The Grants Team functions as a self-directed unit, independent of individual departmental
interests. Operating under the auspices of the City Manager's Office, the team provides
grant proposal support to all City departments, which includes referral, research, training,
grant proposal development and reporting. The Assistant City Manager is the team coach.
Membership consists of representatives from departments citywide, who also function as the
liaison between the team and the respective departments. The Grants Coordinator
facilitates, expedites and communicates on behalf of the team.
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FY200812009
Annual Grants Report
Liaison role on Grants Team
. Conduct funding searches for department projects to identify appropriate funding sources
. Assist with research, writing, and gathering information for proposal development
. Continually update skills through grant training opportunities
. Review proposals (upon department request) for quality
. Communicate concerns regarding funding needs to the Grants Coordinator
. Use the tools provided by the City for effective and efficient grant management
. Follow Administrative Policy #01.02.13 Grants Management Policy & Procedures
FY2008/2009 Grants Team Members
City Manager's Office - Carisse Lejeune
Community Improvement - Brenda Cornelius
Finance - Tim Howard/Anthony Davidson
Fire Department - Kingman Schuldt/Steve Lewis
ITS - Cathy McDeavitt
Library - Craig Clark/Anne Watts
Planning - Kevin Hallahan
Police - Jaclyn Smith/Sgt. Suzanne Gitto
Public Arts - Debby Coles-Dobay
Public Works - Jean Murphy
Recreation & Parks - Jody Rivers/Ginny Shea
Risk Management - Mark Bobich
Utilities - Karen Riseley
Grants Team Coordinator/City Manager's Office - Debbie Majors
Benefits from creating the Grants Team
. Increased communication regarding grant opportunities throughout the city
. City-wide consistency in grant management
. More focused approach in applying for funding (using personnel/financial resources
more efficiently)
. Involving departments who have had little or no history in obtaining grant funding
. Flow of information to City Manager and City Commission has increased, therefore
increasing awareness of staff efforts and resourcefulness
. The City has made new and valuable contacts throughout the state and nation
enhancing our grants management operation
. We have served as a role model for many other cities and counties
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FY200812009
Annual Grants Report
Departmental Grant Activity FY 2008/2009
In FY 2008/2009, departments submitted 19 applications for grant funding, totaling
$10,735,173; of the 19 applications:
.:. 9 ($6,066,042) have been awarded funding with contracts executed
o COPS Hiring Recovery Program application partially funded
.:. 10 ($2,964,323) are pending award notification
An application is not required to receive the formula-based entitlement funding through the
Florida State Housing Initiatives Partnership (SHIP) Program. Instead, our City must provide
a Local Housing Assistance Plan and Ordinance in support of the local housing assistance
program. This is required every three years, with regular monitoring reports. The City
received $525,681 for FY2008/09 with an expenditure date through FY2010/2011.
Due to the length of time it takes for review and approval at the state and federal level, some
grants that were awarded, were submitted during the last fiscal year and some that are
pending, will probably not be awarded until next fiscal year. However, it is important to note
that the ratio of awarded applications remains above 85%, a reflection of well-trained staff
effectively using available resources.
In addition to applying for grants, staff actively manage multiple grant funded projects. This
includes reporting to the funder, preparing for the audit and managing project or program
issues. During this fiscal year, 22 federal, state and local grants, totaling $2,836,500 were
closed out as projects were completed. Management and compliance requirements can take
a significant amount of time and resources. Staff are to be commended for their efforts.
How has all this time and money enhanced the quality of life in Boynton Beach? What does
this really mean?
. Thirty-three men and women who protect our City received new bulletproof vests to
keep them safe,
. Parents who don't speak English, who rely on their children to translate at the doctor's
office and at school could go to the Library's Family Literacy Program for help,
. Fire Station 5 and Emergency Operations Center is able to withstand a Category 5
hurricane and the City is better prepared to respond to and recover from a disaster,
. Little League Park and the Boynton Memorial Gardens, our cemetery, has been
beautified with the use of reclaimed water,
. Low income families could get the repairs needed in their homes,
. All of our tireless 911 Operators received their Advanced Emergency Medical
Dispatch Certification to help callers in the precious minutes prior to the arrival of the
paramedics,
. Children Pre-K to 1 ih grade, could speak with a counselor when dealing with
domestic abuse.
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FY200812009
Annual Grants Report
Grants Team Activity
Since April 2001, the City of Boynton Beach has been on the cutting edge of grants
management. Our City Manager, Kurt Bressner, saw the value in providing resources to help
grow our grants program in Boynton Beach. This enabled staff to become involved in
developing and beta testing grant research and management software. As a result, we have
realized significant cost savings and increased efficiency. Using electronic means to manage
grant funded projects, we can effectively maintain decentralized operations while enjoying
the benefits of a centralized grants management system.
While the City receives some entitlement and formula funding, the majority of grants applied
for are competitive. Community Development Block Grant (CDBG), State Housing
Improvement Program (SHIP) and State Aid to Libraries are examples of the non-
competitive funding the City receives annually. These dollars are critical to continue
providing basic services to our residents.
Generally, departments will identify needs and research appropriate grants during the City
budget process. On occasion, emergency funding will become available (i.e. hurricane or
other disaster funding), when this occurs the Grants Coordinator will work with departments
to identify appropriate projects and coordinate efforts to develop a competitive grant
application.
The following reports are attached for FY 2008/2009:
· Application Activity Report (19 Applications Totaling $10,735,173)
· Grants Awarded Report (18 Grants Awarded Totaling $7,901,067)
· Funding Source Report (Federal, State, Local & Foundations)
First Quarter of FY 2008/2009 (October, November & December)
The focus this quarter was on the highly anticipated "stimulus" funding opportunities.
Members of the Grants Team joined forces with the Green Task Force to research potential
funding availability. The Capital Improvements Program Team met to determine which
projects were "shovel ready" to accept the stimulus funding. The Assistant to the City
Manager and the Grants Coordinator attended Palm Beach County Legislative Delegation
meetings to share the City's funding needs and priorities. Ginny Shea was welcomed as a
new member of the Grants Team representing the Recreation Division.
Second Quarter of FY2008/2009 (January, February & March)
The Assistant to the City Manager shared Washington updates and webinar opportunities
from US Strategies and The Ferguson Group as well as other valuable resources with the
newly formed ARRA Team, the Grants Team and the Sustainability Team for a coordinated
effort in pursuing American Recovery & Reinvestment Act (ARRA) funding for citywide
projects.
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FY200812009
Annual Grants Report
On February 18, 2009, the Office of Management & Budget issued an initial guidance
memorandum to heads of Executive branch departments and agencies that will be
responsible for implementing the American Recovery and Reinvestment Act signed into law
a day earlier by President Obama. This memo lists steps agencies must follow to ensure
accountability, transparency, and reporting of data; however there was still no clear direction
from the federal level to local government.
Federal agencies began posting funding opportunities and www.recoverv.aov website was
created for unprecedented public transparency. Grants Team and ARRA Team members
participated in conference calls, and webinars to prepare for the application and reporting
requirements.
Departments began researching funding opportunities for FY2009/10 proposed budget
requests. Kingman Schuldt, Administration & Finance Officer (Fire Dept.), and Tim Howard,
Deputy Director of Finance, were welcomed as new Grants Team members.
Third Quarter of FV2008/2009 (April, May & June)
Internal changes were made to comply with Recovery Act requirements. The Administrative
Policy for Grant Management was updated to incorporate the new rules and requirements
and provide clear direction on managing ARRA funding and the Finance Department created
a new fund for all ARRA projects, to ensure transparency and no co-mingling of funding.
Grants Team members from the Police Department, Fire Department, Community
Improvement and the City Manager's office were busy completing and submitting ARRA
grant applications.
The Team prepared the FY2009/2010 budget request and began looking at departmental
projects for future collaboration. The federal budget process was monitored with regular
updates via the eCivis' Grants Network e-notices. State funding opportunities and grant
updates were also included. Grant funding forecasting is integral to the budget preparation
process; a summary report was prepared for the City Manager and Finance Director for use
at department budget meetings.
Judy Pyle, Deputy City clerk and Jaclyn Smith, Grants Manager (Police Dept.) were
welcomed as new members to the Grants Team.
Fourth Quarter of FV2008/2009 (July, August & September)
The Grants Coordinator held an in-house training session titled Recovery Act Reporting
Transparency and Compliance in September. This included an overview of the American
Recovery and Reinvestment Act of 2009, Section1512 as signed into law on February 17,
2009. Staff was made aware of new on-line reporting portholes, how to register, federal
reporting timelines and compliance requirements.
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FY200812009
Annual Grants Report
The Grants Coordinator was a presenter for The Ferguson Group and eCivis webinar 5 Keys
to Meeting Stimulus Reporting Requirements (Part II) - Case Studies and Best Practices on
Sept. 10, representing the City of Boynton Beach's approach to managing the ARRA funding
requirements. The on-line training sessions hosted by The Ferguson Group and eCivis were
attended by over 500 local governments across the country.
By the end of our fourth quarter, the City had been awarded four Recovery Act grants: the
Energy Efficiency Block Grant (EECBG), Cops Hiring Program (COPS), Community
Development Block Grant-Recovery (CDBG-R) and the Justice Assistance Grant (JAG)
totaling $3,015,940.
Summary and Future Direction
Over the past nine years, the Grants Team has made significant changes in the way grant
opportunities are sought, communicated and managed in the City of Boynton Beach. The
team is continually seeking ways to improve and meet the City's funding needs.
The City's grant awards continue to increase despite a more competitive funding arena. Staff
are consistently managing 25 to 30 grant funded projects, which is over twice as many as
five years ago. I believe this is due in part to the support the Grants Team and departments
have received from the City Manager and City Commission. Dollars allocated to the Grants
Team budget for training and resources allows for more competent staff and more
competitive applications, which yields grant dollars.
The City of Boynton Beach is entering into a new era of sustainability that brings both
challenges and opportunities. Many members of the Grants Team and ARRA Team have
worked closely with the Community Alliance over the past six months. Together they have
examined several opportunities for incorporation into a Climate Action Plan for the City of
Boynton Beach. Camp Dresser & McKee, Inc. (CDM), the City's consultant to assist in the
development of a Comprehensive Climate Action Plan, has been closely tracking the
direction and potential impacts of federal legislation. It is essential to actively seek to include
local funding initiatives in both the Federal House and Senate proposals, to assure that
Boynton Beach has the financial backing to meet our goals.
As we move forward, Grants Team members will work with City staff to provide
accountability and transparency in our management of Recovery Act funds and we will seek
viable funding sources for the adopted Comprehensive Climate Action Plan.
Our sincere thanks to Mayor Jerry Taylor, Vice Mayor Woodrow Hay, Commissioner Ronald
Weiland, Commissioner Jose Rodriguez, Commissioner Marlene Ross, City Manager, Kurt
Bressner and Assistant City Manager, Lori LaVerriere for your continued support.
Prepared by
Debbie Majors, Grants Coordinator
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.
Application Activity Report: Applications Submitted
Applications SubmiUed: 19
Projected Funds: $10,735,173
Cash Match: $473,030
In-Kind Match: $85,644
Report Range: 10/0112008.09130/2009
Information based on all grant applications submitted during the reporting period:
Organization: Boynton Beach
Report Date: 12110/2009
Requested By: Debbie Majors
Grants Coordinator
majorsd@ci.boynton-beach.fl.us
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$10,735,173
Source: eCiviS@Grants Network
www.ecivis.com
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III
Activity Report - Grants Awarded
Awarded Grants: 18
Awarded Funds: $7,901,067
Cash Match: $1,608,353
In-Kind Match: $459,387
Report Range: 10/0112008 - 09/3012009
Information based on all grant applications awarded during the reporting period:
Organization: Boynton Beach
Report Date: 11/2412009
Requested By: Debbie Majors
Grants Coordinator
majorsd@ci.boynton-beach.fl.us
- 295 -
Source: eCiviS@ Grants Network
www.eciviS.com
- 296 -
Funding Source Report
Report Start Date: 10101/2008 End Dale: 0913012009
4
Organlzallon: Boynton Beach
Report Dale: 12/10/2009
Requested By: Debbie Majors
Grants Coordinator
majorsd@ci.boynton-beach.1I
Awarded Grants
$15,027 $0 $70,000
$200,000 $200,000 $0
$559,900 $1,399,700 $0
$658,900 $0 $0
$2,287,534 $8,653 $0
$4,143 $0 $9,387
$7,901,067 $1,608,353 $459,387
Information based on all grants designated as awarded during the reporting period:
Florida De artment of Law Enforcement
FL De artment of Environmental Protection
South Florida Water Mana ement District
Workforce Alliance
Source: eCivis@ Grants Network
www.ecivis.com
- 297 -
9. C
CITY MANAGER'S REPORT
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
D ANNOUNCEM ENTS/PRESENT A TIONS ~ CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: Review and accept the FY 2009 -10 Budget Status Report
of General Fund & Utility Fund Revenues & Expenditures as of November 30, 2009.
EXPLANATION OF REQUEST: This represents the first report of the new fiscal year ending
September 30, 2010. As in prior monthly reports, we are summarizing and providing this
analysis of actual revenues and expenditures of the City's General Fund and Utility Fund for
the period ended November 30,2009. The analysis compares
. Actual results for the current period to the annual budget and
. Actual results for the same period of the prior year annual budget.
HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? The report is one of the financial reporting
services of the Finance Department for the purpose of providing interim financial information to
the City Commission and to City Management,
FISCAL IMPACT: The fiscal impact of the actual budgetary results to date for the General Fund
and the Utility Fund follow.
GENERAL FUND
The FY 2010 annual budget of $72.5 million represents a 2% decrease from the FY 2009
budget of $73.9 million. However, in order to balance the budget in FY 2010, it required
. Transfers from other funds of $22.4 million representing 31 % of all fund sources.
. A fund balance appropriation of $3.5 million.
This is an unusually high 36% of our total budget.
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For the two months in FY 2010,
. Revenues and transfers realized are $12.6 million (17%) of the budget estimate.
. Expenditures incurred are $11.5 million (16%) of the annual appropriated budget.
Revenues & Transfers
Expenditures
Excess (Deficit)
The following summarizes the major revenues and expenditures to date.
FY 2010
Annual Actual to Date
Budget Amount %
$ 72,537 $ 12,657 17%
$ (72,537) $ (11,549) 16%
$ - $ 1,108
FY 2009
Annual Actual to Date
Budget Amount %
$ 73,963 $ 9,301 13%
$ (73,963) $ (18,275) 25%
$ - $ (8,974)
FY 2010 vs. 2009
Budget Actual
% %
-2% 36%
-2% -37%
Revenues & Transfers {Exhibit A} - Overall, with $12.6 million received to date, we are on
track for receiving estimated funding sources; both at this point in time during the fiscal year
and in comparison to last year for individual sources.
In the current year, these funding sources can be summarized into three major groups making
up the total percentage of the budget:
1. 36% - $ 26.0 M - Property taxes less Tax Increment Financing to the CRA
The majority of property taxes are received in December (versus
ratably over the year) and the CRA is sent 100% of their taxes in
December. We monitor receipts in % comparison to last year.
2. 36% - $ 25.9 M - Transfers from other funds and Fund balance appropriated
Current practice is to make 1/12 of these funding sources available
to the General Fund monthly. We initiated this midway last year.
3. 28% - $ 20.6 M - We monitor all other revenues closely comparing to last year.
100% - $ 72.5 M - Total funding sources
Expenditures (Exhibit B) - General Fund expenditures to date are $11.5 million (16%) of the
$72.5 million expenditure appropriation for FY 2010. The current appropriation represents a
2% decrease of $1.4 million compared to FY 2009.
The graph at the bottom of Exhibit B displays actual expenditures on track with the budget yet
below the $18.2 million actual spending levels in FY 2009 for this same period.
- 299 -
UTILITY FUND
The FY 2010 annual expenditure budget of $33.0 million represents nearly a 7% decrease
from the FY 2009 budget of $35.4 million. At the same time, necessary rate increases result in
an estimated $2.4 million fund balance increase to offset the FY 2009 deficit of $4.8 million.
In FY 2009, with declining water consumption, revenues were insufficient to cover the
expenditure budget resulting in a necessary appropriation of fund balance of $4.8 million last
year to cover the budgeted expenditures. Considering the need to balance the budget and
make up for the budgeted deficit, the following occurred last year.
. Necessary rate increases were approved and put in place on May 1 resulting in added
revenues of $2.5 million to partially offset the $4.8 million estimated deficit.
. Added expenditure reductions were implemented resulting in actual expenditures of
$30.0 million vs. the $35.4 million originally appropriated; resulting in a $5.4 million
savings of 15%.
For the two months in FY 2010,
. Revenues realized are $5.9 million (17%) of the annual budget estimate.
. Expenditures incurred are $4.8 million (15%) of the annual appropriated budget.
This results in an excess of revenues over expenditures of $1.0 million.
Revenues
Expenditures
Excess (Deficit)
The following provides brief comments on revenues and expenditures to date.
FY 2010
Annual Actual to Date
Budget Amount %
$ 35,498 $ 5,927 17%
$ (33,034) $ (4,881) 15%
$ 2,464 $ 1,046
FY 2009
Annual Actual to Date
Budget Amount %
$ 30,555 $ 4,538 15%
$ (35,442) $ (3,885) 11%
$ (4,887) $ 653
FY 2010 vs. 2009
Budget Actual
% %
16% 31%
-7% 26%
Revenues (Exhibit C) - The $5.9 million in FY 2010 revenues exceed the $4.5 million to date
in FY 2009 by $1.4 million (31 %) because of two factors:
. The rate increases are fully in place this year whereas they were not implemented in FY
2009 until May 1, 2009.
. Water Sales - $2.7 million = 18% of the annual estimate, compared to $1.7 million
(14%) at this point in FY 2009.
The May 1 water and sewer rate increases should provide for adequate bond debt service
coverage that was in jeopardy prior to the increases.
Expenditures (Exhibit D) - Utility Fund expenditures to date are $4.8 million or 15% of the
annual appropriation compares favorably to the 16% portion of the fiscal year.
ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City
Commission meeting.
- 300 -
- 301 -
EXHIBIT A
CITY OF BOYNTON BEACH, FLORIDA
GENERAL FUND ANALYSIS
STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended November 30,2009 (16% of Fiscal Year)
REVENUES
FV 2010 FV 2010 TO DATE FY 2009 FV 2009 TO DATE
ACCOUNTS REVENUE % REVENUE %
APPROVED REALIZED ~ APPROVED REALIZED ~
AD VALOREM TAXES $ 30,343,000 $ 4,780,910 16% $ 35,013,460 4,023,599 11%
LESS TIF TAXES TO CRA (4,258,000) 0% 15,243,8201 0%
NET TAXES TO THE CITY 26,085,000 4,780,910 18% 29,769,640 4,023,599 14%
LICENSES AND PERMITS
FRANCHISE FEES 4,820,000 927,225 44% 5,121,000 0%
BUSINESS TAXES 1,217,000 1,193,362 98% 1,391,000 1,235,259 89%
BUILDING PERMITS 835,000 (94,164) 11% 3,950,000 180,n1 5%
PUBLIC SERVICE TAXES 0% 115,645 0%
OTHR LICENSES, FEES & PER 205,000 89,544 44% 196,000 74,494 38%
INTERGOVERNMENTAL REVENUES
OTHER FEDERAL REVENUE 773,000 12,895 2% 210,000 129 0%
STATE SHARED REVENUES 5,785,000 928,210 16% 6,657,000 666,263 10%
SHRD REV FROM OTHR LCL 515,000 27,4n 5% 505,000 28,110 6%
STATE GRANTS 0% 0%
CHARGES FOR SERVICES
PYMTS IN LIEU OF TAXES 86,000 0% 86,000 85,962 1000"
CHRGS-GENERAL GOVT 293,000 46,501 16% 290,406 43,589 15%
PUBLIC SAFETY 4,345,000 285,619 7% 4,236,925 889,461 21%
PHYSICAL ENVIRONMENT 880 0% 5,000 4,840 0%
CUL TUREfRECREATION 284,000 71,283 25% 312,000 59,556 19%
INTEREST & MISC REVENUE
VIOLATIONS LOCAL ORD. 148,000 17,852 12% 103,000 18,848 18%
INTEREST EARNINGS 757,000 48,317 0% 1,100,000 108,762 10%
RENTS AND ROYALTIES 216,000 53,116 25% 234,000 47,244 20%
SALE OF SURPLUS MATERIAL 3,000 150 5% 3,000 959 32%
LIBRARY FINES 30,000 2,990 10% 0%
OTHER MISC. REVENUE 217,000 26,890 12% 377,000 19,453 5%
INTERNAL FUND TRANSFERS
TRANSFERS 22,423,334 3,703,889 17% 11,612,000 927,000 8%
FUND BALANCE APPROPRIATED 3,500,000 583,333 17% 4,630,000 n1,667 0%
TOIaI Revenues $ 72,537,334 $ 12,706,279 18% $ 70,788,971 9,301,611 13%
$80,000
$70,000
Two Year
Cumulative
Revenue
r.nmnArlann Anti
$72,537
S60,OOO
$50,000
$40,000
$30.000
$20,000
$10,000
Oet
Feb
AI"
Ju1
Aug
Sep
No\'
nee
Jan
M"
May
Jun
~ Cumulative 09 Actual
~Cumulati~10Actual
--+- Projected 10 Budget
S:\Fimmce\Fimmcial Reports\Monthly Financial Reports\FY2009J010\Budgel Review - GF - thru Nov 09 SummarizedOOl Revenue Sum111lll')' Revised
- 302 -
1212212009
EXHIBIT B
CITY OF BOYNTON BEACH, FLORIDA
GENERAL FUND ANALYSIS
STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended November 30, 2009 (16"... Df Fiscal Year>
EXPENDITURES
~ 2010 FY 2010 TO DATE 2009 FV 2009 TO DATE
ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED %
APPROVED EXPENDED APPROVED EXPENDED
GENERAL GOVERNMENT
CITY COMMISSION $ 251,816 $ 62,795 25% $ 423,814 $ 78,537 19%
CITY MANAGER 609,667 99,498 16% 639,605 78,124 12%
CITY HALUGEN. ADMIN. 1,710,091 236,150 14% 1,936,072 4,146,276 214%
PUBLIC AFFAIRS 148,760 22,299 15% 182,064 19,790 11%
CITY CLERK 566,184 73,098 13% 558,899 63,930 11%
CITY ATTORNEY 468,486 76,446 16% 480,375 51,485 11%
FINANCIAL SERVICES 1,230,307 201 ,880 16% 1,247,864 180,914 14%
ITS 1,752,573 186,999 11% 1,866,388 202,611 11%
GEOGRAPHICAL INFO SYSTEMS 429,734 70,884 16% 430,164 48,483 11%
HUMAN RESOURCES 1,003,256 152,213 15% 989,804 109,155 11%
ORGANIZATIONAL DEVELOF 163,320 23,093 14% 198,891 19,974 100/0
PUBLIC SAFETY
COMMUNICATIONS 2,112,163 304,452 14% 2,384,971 283,249 120/0
POLICE 24,709,489 4,043,717 16% 24,321,484 5,819,712 24%
CODE COMPLIANCE 1,145,398 179,117 16% 1,261,445 156,210 12%
FIRE 19,378,362 3,246,448 17% 15,539,222 4,600,005 300/0
EMERGENCY MANAGEMENT 113,430 7,406 7".. 116,300 13,957 120/0
ANIMAL CONTROL 189,965 26,369 14% 201,023 26,028 130/0
BUILDING & DEVELOPMENT
DEVELOPMENT 418,153 72,704 170/0 412,826 63,869 150/0
BUILDING 1,901,548 299,429 16% 2,368,088 276,900 120/0
ENGINEERING 903,633 151,563 170/0 937,154 125,959 130/0
PLANNING & ZONING 932,393 155,602 170/0 991,450 132,586 130/0
BUSINESS TAlI 301,380 49,293 16% 297,936 40,711 14%
PUBLIC WORKS
PUBLIC WORKS 296,696 50,880 170/0 296,412 44,602 150/0
FACILITIES MANAGEMENl 1,792,831 276,202 15% 2,009,496 231 ,248 120/0
STREETS MAINTENANCE 1,005,637 107,023 11% 1,175,287 160,244 14%
LEISURE SERVICES
LI BRARV 2,518,134 414,588 16% 2,600,620 363,377 14%
RECREATION 2,623,280 401,746 15% 2,771,735 360,389 130/0
FORESTRY & GROUNDS 1,647,828 132,822 8% 1,824,643 171,847 9%
PARKS MAINTENANCE 2,212,820 334,696 15% 2,324,939 339,557 150/0
CRA REIMBURSABLE & RESERVE~ 90,514 0% 65,702 0%
Total Expenditures $ 72,537 334 $ 11 ,549,928 16% $ 70,788 971 $ 18,275,429 260/0
$80.000
170.000
$60,000
150.000
$40,000
130.000
$20,000
$10.000
$0
Oct
Nov
Dee
Jan
Fob
Ma,
Ap'
May
Jun
Ju!
Aug
Sop
~Cumulatlve 09 Actual
~Cumulatlve 10 Actual
-+- Budget 10
S;\Finance\Financial Reports\Monthly Finandal Reports\FY2009_201O\Budget Review - OF - thru Nov 09 SwnmarizedOOL Expenditure Summary Revised
1212212009
- 303 -
EXHIBIT C
CITY OF BOYNTON BEACH, FLORIDA
UTILITY FUND ANALYSIS
STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended November 30, 2010 (16% of Fiscal Year>
REVENUES
FY 2010 FY 2010 TO DATE FY 2009 FY 2009 TO DATE
ACCOUNTS BUDGET REVENUE % BUDGET REVENUE %
APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED
WATER SALES $ 15,715,140 $ 2, n9,986 18% $ 12,100,000 $ 1,738,263 14%
WATER CONNECTION FEE 80,000 2,125 3% 80,000 3,275 4%
WATER SERVICE CHARGE 275,000 75,651 28% 200,000 34,450 17%
WTR.BACKFLOW PREVNTR TEST 36,000 4,101 11% 4,200
RECLAIMED WATER SALES 50,000 0%
SEWER SERVICE 15,675,150 2,474,027 16% 13,825,000 2, 160,808 16%
STORMWATER UTILITY FEE 3,315,000 560,654 17% 3,315,000 548,007 17%
TELEVISE SEWER LINES 1,000 0% 10,000 0%
FEES 5,000 1,732 35% 50,000 0%
INTEREST INCOME 220,000 9,n3 4% 840,000 23,405 3%
SALE OF SURPLUS EQUIP. 1,000 0% 1,000 0%
OCEAN RGE UT TAX ADM CHG 500 64 13% 500 37 0%
BAD DEBT RECOVERIES 1,500 195 13% 3,000 2n 9%
MISCELLANEOUS INCOME 22,000 3,065 14% 30,000 8,659 29%
TRANSFER FROM 101,000 16,833 17% 101,000 16,833 17%
FUND BALANCE APPROPRIATED (INCR.) 12 464 0371 (410,673) 17% 4887 153 814,526 17%
TOTAL REVENUES $ 33,034,253 $ 5,517,533 17% $ 35,442,653 $ 5,352,740 15%
$40.000
Two Year Cumulative Revenues Comparison
aad CFY Badget. ($ in 1hoasaads)
$31).000
$20.000
.$10.000
$0
Oct
Nov
Dee
Jan
Feb
M..
AJl'"
M.y
Jun
Jill
Aug
Sep
~ Cumulative 09 Actual ~ Cumulative 10 Actual -+- Budget 2010
S:\Finance\Financial Reports\Monthly Financial Reports\FY2009_201 O\Budget Review - UF -1hrLJ Nov 09 Summarized401 Rev Sum
- 304 -
EXHIBIT D
CITY OF BOYNTON BEACH, FLORIDA
UTILITY FUND ANALYSIS
STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended November 30, 2010 (16% of Fiscal Year)
EXPENDITURES
FY 2010 FY 2010 TO DATE FY 2009 FY 2009 TO DATE
ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED %
APPROVED EXPENDED APPROVED EXPENDED
WATER DISTRIBUTION $ 1,507,154 $ 266,471 18% $ 1,687,111 $ 223,000 13%
PUBLIC WATER TREATMENT 6,516,602 859,041 13% 6,672,154 699,032 10%
METER READING & SERVICES 1,051,402 163,778 16% 1,209,520 109,704 9%
WASTEWATER COLLECTION 1,654,560 277,314 17% 1,794,768 229,492 13%
WASTEWATER PUMPING STATNS 2,487,958 348,409 14% 2,574,901 293,386 11%
SEWAGE TREATMENT 3,421,600 333,001 10% 4,505,000 338,633 8%
WATER QUALITY 572,069 89,876 18% 578,888 75,539 13%
UTILITY ADMINISTRATION 1,884,606 270,955 14% 2,011,468 234,225 12%
GENERAL ADMINISTRATION 5,525,535 870,953 16% 5,727,921 818,594 14%
UTI LITES ENGINEERING 1,220,704 200,321 18% 1,274,598 167,506 13%
STORMWATER MAINTENANCE 614,239 78,247 13% 899,485 87,808 10%
CUSTOMER RELATIONS 1,215,189 194,485 16% 1,202,174 168,413 14%
DEBT SERVICE 5,362,635 901,647 17% 5,304,665 441,704 8%
RESERVES - 26,587 0% - 0%
Total Expenditures $ 33,034,253 $ 4,881,085 15% $ 35,442,653 $ 3~885,036 11%
$40.000
Two Year Cumulative Expenditures Comparison and
C'FY Budg<1- ($ in thousands)
$30,000
$20,000
$10,000
$0
Oct
Nov
Dee
Jan
Feb
Mac
Ap'
May
JUll
Jul
Aug
Sep
~ Cumulative 09 Actual
~ Cumulative 10 Actual
-+- Budget 2010
S:\Finance\Financial Reports\Monlhly Financial Reporls\FY2009_2010\Budget Review - UF -Ihru Nav 09 Summarized401 Exp Sum
- 305 -
9. D
CITY MANAGER'S REPORT
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
D ANNOUNCEM ENTS/PRESENT A TIONS ~ CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: Review property notification language and procedures for
CRA Brownfield program.
EXPLANATION OF REQUEST: On December 1,2009, the City Commission approved an initial
Brownfield Designation per the attached map. The staff of the City and CRA were requested
by the City Commission to prepare a proposed notice to property owners that explained the
Brownfield program and contained specific instructions in the event a property owner wished to
"opt-out" of the program. A copy of background information about the Brownfield Program and
a Question and Answer sheet about the program is attached. City Commission review of the
notice to property owner and the notification procedure is requested. These items are attached
as well. Based on an analysis of the map, an estimated 116 parcels are included in the initial
Brownfield Designation area.
HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? The notification procedure is a required
component of the Brownfield Program.
FISCAL IMPACT: The estimated cost of first class mailing of 116 notices is: $51.04. (Unit price is
$.44) If the City Commission prefers certified mail notification, the estimated cost of mailing
116 notices would be $642.64. (Unit price is $5.54). The cost of printing the notices and
mailing the notices will be borne by the CRA. The estimated cost of printing and materials for
the notices is $120 or about $1.00 each.
- 306 -
ALTERNATIVES: Notification by public notice or utility billing inserts vs. mailed notification.
Staff Recommendation: Certified Mail notification; City staff mail the notification and opt-out
forms and serve as the return location for the forms. Further, staff recommends an
acknowledgement postcard be mailed to property owners who submit an opt-out form. This
will serve as further notification to the property owner that their application was received. Staff
anticipates minimal cost for the postcards (cost borne by CRA).
Exhibits:
Florida DEP Question and Answer Sheet on Brownfields
Basic fact sheet from DEP Website
Current Brownfield Map (approved on 12-1-09 by City Commission)
Draft Notice to Property Owners
Opt-Out Form
Proposed Notification Procedures
- 307 -
For the community, brownfield
redevelopment projects create new jobs
and tax revenues, improve the environment,
revitalize neighborhoods, increase property
values, eliminate environmental inequities,
and enhance the overall quality of life.
Alachua County
Brevard County
Broward County
Charlotte County
Citrus County
Clay County
Collier County
Duval County
Escambia County
Florida's brownfield areas are designated by resolution of a local government, and are
defined as contiguous areas of one or more brownfield sites, some of which may not
be contaminated. Such areas may include all or portions of community redevelopment
areas, enterprise zones, empowerment zones, Environmental Protection Agency-
designated brownfield pilot projects, and other designated areas or communities
experiencing economic distress.
A brown field site means real property, the expansion, redevelopment, or reuse of which
may be complicated by actual or perceived environmental contamination.
Florida's brownfield program offers businesses and developers a very generous and
flexible set of regulatory and financial incentives to clean up and redevelop a brownfield
site. Just a few of the advantages of brownfield sites include:
. $2,500 job bonus refund for each new job created by an eligible business
. Highly attractive business locations with existing infrastructure
. Proximity to highly skilled labor and downtown business districts
. Increased state loan guarantees to improve lending opportunities
. Use of federal, state and local resources to assist in the redevelopment
of brownfields
. Expedited permitting
Gadsden County
Gulf County
Hamilton County
Hillsborough County
lake County
lee County
leon County
Manatee County
Marion County
Miami-Dade County
Orange County
Palm Beach County
Pinellas County
Pol k County
Santa Rosa County
Sarasota County
Vol usia County
Washington County
,a\ ""
{Page 1 of2}
- 308 -
Brownfield Redevelopment Bonus Refund
A $2,500 tax refund is available for each new job created by an eligible business.
See Section 288.107, Florida Statutes, for details.
Voluntary Clean Up Tax Credits (VCTC)
Projects that execute a Brownfield Site Remediation Agreement (BSRA) with the Florida
Department of Environmental Protection are eligible for a 50% tax credit for cleanup
costs. The tax credit is applicable to Florida's corporate income tax. An additional 25% tax
credit is available if the property is redeveloped with affordable housing.
See Section 376.30781, Florida Statutes, for details.
Sales Tax Credit on Building Materials
A sales tax credit on building materials is available for construction of housing or mixed-use projects.
See Section 212.08, Florida Statutes, for details.
Loan Guarantee Program
Up to 5 years of state loan guarantees may be available for redevelopment projects in brownfield areas. The loan guaranty
applies to 50% ofthe primary lender loan. If the project is for affordable housing, the loan guaranty applies to 75% of the
lender loan. See Section 376.86, Florida Statutes, for details.
Cleanup Liability Protection
Cleanup liability protection is available for projects that have an executed Brownfield Site Remediation Agreement with
the Florida Department of Environmental Protection. See Section 376.82, Florida Statutes, for details.
Enterprise Florida, Inc.
Joseph Bell
800 North Magnolia Avenue
Suite 1100
Orlando, Florida 32803
Phone: 407.956.5622
Fax: 407.956.5559
Email: jbell@eflorida.com
www.eflorida.com
Florida Department of Environmental Protection
Kim Walker
Brownfield Redevelopment Program
Bureau of Waste Cleanup, MS 4505
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Phone: 850.245.8934
Fax: 850.245.8976
Email: kim.walker@dep.stateJl.us
www.dep.state.fl.us
Governor's Office of Tourism, Trade &
Economic Development
Mary Helen Blakeslee
2001 The Capitol
Tallahassee, Florida 32399-0001
Phone: 850.922.8743
Fax: 850.487.3014
Email: MaryHelen.Blakeslee@MyFlorida.com
www.myflorida.com
Office
Northeast District Office
Northwest District Office
Central District Office
Southwest District Office
South District Office
Southeast District Office
Contact
Craig Parke
Alex Webster
George Houston
John Sego
Mel Reinhart
Art Torvela
Phone
904.807.3221
850595.8360
407.894.7555
813.632.7600
239332.6975
561.681.6676
Enterprise Florida, Inc. is a partnership between F1orida's government and business leaders
and is the principal economic development organization for the State of Florida.
{Page 2 of 2}
Rev, 06/07
- 309 -
Florida Department of Environmental Protection:
The Department of Environmental Protection is the lead agency in state government for
environmental management and stewardship and is one of the more diverse agencies in state
government, protecting our air, water, and land, The Department is divided into three primary
areas: Regulatory Programs, Land and Recreation and Planning and Management, Florida's
environmental priorities include restoring America's Everglades, improving air quality, restoring
and protecting the water quality in our springs, lakes, rivers and coastal waters, conserving
environmentally-sensitive lands and providing citizens and visitors with recreational opportunities,
now and in the future,
Frequentlv Asked Questions about Brownfields:
Q: If my property is included in a Brownfield Area, does that mean that it is
contaminated?
A: No, Inclusion of your property within a Brownfield Area does not mean that it is
contaminated, "Brownfield area" means a contiguous area of one or more Brownfield sites, some
of which may not be contaminated, and which has been designated by a local government by
resolution, Such areas may include all or portions of community redevelopment areas, enterprise
zones, empowerment zones, other such designated economically deprived communities and areas,
and Environmental Protection Agency-designated Brownfield pilot projects,
Q: Will inclusion of my property in a Brownfield Area require me to clean up my
property?
A: Designation of a Brownfield Area imposes no additional legal obligations on the property
owners within the designated area, The obligation to clean up contaminated property under state
and federal law is independent of its inclusion within a designated Brownfield Area, If you are
obligated to clean it up now, you will remain obligated to clean it up after designation, If you are
not otherwise obligated to clean it up now, inclusion of the property in a designated Brownfield
Area will not create a new obligation to clean it up,
Q: Will inclusion of my property in a Brownfield Area enable the eRA to take my
property by eminent domain?
A: Nothing in the Brownfield Redevelopment Act gives the CRA or the City any additional
eminent domain authority,
Q: If I don't want to be included in the Brownfield Area can I elect to be excluded?
A: A landowner who does not wish his property to be included in a designated Brownfield Area
may request in writing that his property be excluded from the designation, The local government
is obligated to exclude such properties at the owner's request, However, there is no legal
advantage to requesting exclusion,
Q: If I think my property may be contaminated, can I take advantage of the
limitations on liability and incentives to clean it up?
A: Any person who has not caused or contributed to the contamination of a Brownfield site on
or after July 1, 1997, is eligible to participate in the Brownfield program, Likewise, subsequent
purchasers who have not caused or contributed to the contamination can take advantage of the
program,
Q: Will inclusion of my property in a Brownfield area affect my ability to sell my
property?
A: The Brownfield Redevelopment Act's express purpose is to enhance the marketability,
cleanup and redevelopment of properties where there is contamination or the perception of
contamination,
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Q: Will my taxes increase to fund the cleanup of these properties in the Brownfield
area?
A: No, the Brownfield Redevelopment Act's Tax Credit Program and other incentive programs
are funded through the General Appropriation by the Legislature, Local tax increases will not be
experienced as a result of this designation, By designating the Brownfield area, people
redeveloping properties in the area will be able to take advantage of these funds that have been
already set aside from other taxing sources,
Q: Can I be made aware of what is going on with these cleanups?
A: The Brownfield Redevelopment Act requires input from the public. In fact, areas or sites are
required to have a Brownfield Advisory Committee which can include concerned citizens, The
Committee is kept informed of redevelopment progress and is allowed input at key decision points,
As such, by designating the area as a Brownfield, you will have greater ability to understand and
influence the cleanup of your area,
Q: Where else can I go to get information on Brownfields?
A: Florida has been heralded as one of the leaders in Brownfield Redevelopment with an
advanced program, The Florida Deoartment of Environmental Protection's website:
http:j jwww.dep.state.fl.usjwastejcategoriesjbrownfieldsjdefault.htmis a great resource for
information,
The Florida Brownfield Association's website http://www,floridabrownfields,org/ also is a great
resource,
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City of Boynton Beach
Brownfield Parcels
.
Legend
Parcels in Phase 1 Brownfield" "Local Retail Commercial~ c:J eRA Boundary
.. ''General Commercial" .. ''Office Commercial" C City Boundary
.. "Industrial" .. Redevelopment Area
~
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NOTICE OF BROWNFIELD DESIGNATION
AND RIGHT TO OPT OUT
Date
(Address)
RE: Parcel ID No.
Dear Property Owner:
The City of Boynton Beach recently designated certain areas within the boundaries of the Community
Redevelopment Area as Brownfield Areas. The purpose of the designation is to provide economic
development incentives to encourage the redevelopment of property within the CRA district.
As an individual property owner you may elect to have your property excluded from the
Brownfield Area designated by the City.
If you would like your property excluded please complete the attached Property Owners Request to
Exclude Property From Brownfield Area form and return it to the City Clerk's Office at 100 E. Boynton
Beach Boulevard, Boynton Beach Florida, 33435.
Once the City receives your form, your property will be removed from the list of properties which
comprise the Brownfield Area and an acknowledgement postcard will be mailed to you.
If you have any questions or need further information please contact the Vivian Brooks, Assistant
Director of the Boynton Beach Community Redevelopment Agency at 561.737.3256 or
BrooksVi@bbfl.us
Kindest Regards,
Kurt Bressner
City Manager
S:\CA\CRA\NOTICE OF BROWNFIELD DESIGNATION (3).doc
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PROPERTY OWNER'S REQUEST
TO EXCLUDE PROPERTY FROM BROWNFIELD AREA
NAME OF PROPERTY OWNER:
ADDRESS OF PROPERTY:
PARCEL #
The undersigned property owner hereby elects to have the above described property EXCLUDED from
the Brownfield Area designed by the City of Boynton Beach in City Resolution 09-173.
If more than one person owns the property. onlv one person needs to si2n this form.
Dated
Property Owner
Print Name:
RETURN THIS COMPLETED FORM TO:
City Clerk
City of Boynton Beach, Florida
100 E. Boynton Beach Boulevard,
Boynton Beach, FI 33435
(BELOW FOR OFFICE USE ONLY)
Application received by:
Date Received:
Date Acknowledged Sent to Owner:
S:\CA\CRA\Browntield Opt Out Form.doc
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Brownfield DesiJ!nation Notification Procedures
. City staff (GIS) to print labels of all parcel ID numbers (116 properties)
to be placed on each notification letter. Or the City staff will prepare
mail merge letters. A final list of owners and addresses will be provided
to the CRA staff by the City staff.
. City staff prints Notification Letters and Opt-Out Forms to property
owners. The packets will also include the Florida DEP Question and
Answer Sheet on the Brownfield program and the basic fact sheet from
the DEP Website.
. City staff mails notices via Certified Mail.
. There is no application deadline; property owners may opt out at any
time.
. Opt-Out Forms (application) to be returned to City Clerk's Office. Once
Opt-Out Form is received the City Clerk's staffwill mail an
acknowledgement postcard to the property owner notifying them that
their form was received. The CRA Staff will also receive a copy of the
opt-out and acknowledgement for their records.
Revised 12/28/09 LL:KB
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9. E
CITY MANAGER'S REPORT
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
D ANNOU NCEM ENTS/PRESENT A TIONS ~ CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTON NO. R1 0- 008 -- Award a
contract for Bid #004-2821-1 OIJA, "Regional Force Main Jack & Bore Project" to Johnson-Davis, Inc. (J-
D) of Lantana, Florida with a bid price of $1 ,021 ,270, also approve an owner's contingency of 10% in the
amount of $1 02,127 for a total project funding authorization of $1,123,397.
EXPLANATION OF REQUEST: The project's scope consists of the construction of the jack & bore
components of the Regional Force Main project. The project's scope includes three (3) jack &
bore sections that include:
1) A 36-inch steel sleeve with a 24-inch ductile iron pipe force main under 1-95 and the CSX
Railroad west of the Mission Hill area;
2) A 36-inch steel sleeve with a 24-inch ductile iron pipe force main under Woolbright Road at
SW 3RD Street; and
3) A 30-inch steel sleeve with a 16-inch ductile iron pipe force main under the FEC Railroad
at SE 6TH Avenue.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? One (1) bid was received and opened by
Procurement Services on November 3, 2009. Copies of the bid proposals were submitted to
the Utilities Department and the Engineer Of Record, Wantman Group, Inc. (WGI) for review
and evaluation. The responses received were as follows:
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Plan holders who attended mandatory pre-bid meeting:
B&B Underground
Gulf Coast Boring & Pipeline
Stately Contractors
Wakefield Road Boring
GlobeTec Construction
Johnson-Davis
Other plan holders:
No bid subm itted
No bid subm itted
No bid submitted, schedule conflict
Subcontractor for Johnson-Davis
No bid subm itted
Subm itted bid
Centerline Utilities (Jupiter)
Viasys Network Service (Lakeland)
D.S. Eakins (Lake Park)
A & L Underground (attended pre-bid but not plan holder)
The Engineer's Cost Opinion for this project is $1,023,752. With a bid value of $1 ,021 ,270, the
Johnson Davis bid is $2,482 below the Engineer's Cost Opinion.
A documented Bid Evaluation - Due Diligence review, based on the Selection Criteria
identified in the Instruction to Bidders, Section 26 SELECTION CRITERIA, subsections 26.1.1
through 26.1.10 was initially performed by WGI on the Johnson-Davis bid.
After a review of the bid package from Johnson-Davis and an evaluation of the WGI
recommendation of award package, the Utilities Department concurs with the WGI
recommendation to award this contract to Johnson-Davis, Inc. as the lowest, most responsive,
responsible bidder who meets all contract document requirements and whose bid represents
the most advantageous bid to the City, price and other factors considered.
FISCAL IMPACT: Funds are available as follows:
Account Number
406-5000-590-96-03
Project Number
SWR114
Allocation
100%
ALTERNATIVES: This project has been and continues to be a cornerstone for the City's CIP
infrastructure improvements. It will provide additional capacity for future growth, and also an
emergency by-pass for the 30-year old sewer force main on Congress Avenue. Possible
alternatives are:
. Leave the sanitary system collections and pumping to remain unchanged and therefore
limit the current and future development in the Central Business District, CRA and
Waterfront sections of the City.
. Both staff and our Consultant believe that the Johnson-Davis bid represents a good and
current fair-market-value for this work. However, with having received just one (1) bid
for this work, an alternative to awarding this Contract to Johnson-Davis could be to re-
bid the work. Staff does not recommend this alternative.
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RESOLUTION NO. RI0-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE A WARD AND EXECUTION BY
THE CITY MANAGER AND CITY CLERK OF A CONTRACT TO
JOHNSON-DAVIS, INC., FOR BID #004-2821-10/JA, "REGIONAL
FORCE MAIN JACK & BORE PROJECT", IN THE AMOUNT OF
$1,021,270.00 WITH AN OWNER'S CONTINGENCY OF 10% IN
THE AMOUNT OF $102,127.00 FOR A TOTAL PROJECT
FUNDING OF $1,123,397.00; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on November 3, 2009, Procurement Services received and opened one (1) bid
response to #004-2821-10/JA for "Regional Force Main Jack & Bore Project"; and
WHEREAS, the bid was submitted to the Utilities Department and the Engineer of Record,
Wantman group, Inc., for review and evaluation; and
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff,
deems it to be in the best interest of the citizens of the City of Boynton Beach to award and authorize
execution of a contract to Johnson-Davis, Inc., for Bid #004-2810-10/JA, in the amount of
$1,021,270.00 with an owner's contingency of 10% in the amount of $102,127.00 for a total project
funding of $1, 123,397.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida does hereby
authorize and direct the approval and execution by the City Manager and City Clerk of a contract to
Johnson-Davis, Inc., for Bid #004-2810-10/JA, in the amount of $1,021,270.00 with an owner's
contingency of 10% in the amount of$102,127.00 for a total project funding of$1,123,397.00, a copy of
which is attached hereto as Exhibit "A".
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Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of January, 2010.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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BID TITLE: :Rl:GIONAL FORCE MAIN JACK AND BORE PROJECT
BID NUMBER: 004-2821-10/JA
PROJECT NUMBER: SWR 114
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 5th day of January, 2009, by and between the
CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the
"CITY" or "OWNER" and JOHNSON-DAVIS. INC.
a Florida Corporation LX.J
a Florida General Partnership ~
a Florida Limited Partnership L-J
a Sole Proprietor L-J
Check One
hereinafter called "CONTRACTOR",
WITNESSETH
WHEREAS, The City has heretofore invited bids for a City construction project ("Project")
identified by the bid title, bid number and project number listed above and commonly referred to as:
REGIONAL FORCE MAIN JACK AND BORE PROJECT
WHEREAS, Contractor, in compliance with the bidding requirements armounced by the
City, submitted a bid on the 3rd day of November, 2009, for the total bid amount of $1.021.270.00;
and,
WHEREAS, On the 5th day of January, 2010, the City Commission designated contractor
as having submitted the bid that was most advantageous to the City and authorized the execution of
this Agreement; and,
WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial
Completion without interruption within 180 calendar days as specified in the Notice to Proceed,
subject to CITY approved time extensions.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
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1. AGREEMENT
1.1. The Parties agree that:
1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated
herein by this reference.
1.1.2, The CITY does hire and employ the CONTRACTOR to provide
construction services for completion of the Project.
1.1.3, The CONTRACTOR does accept this Contract and does agree to furnish
the necessary labor, tools, equipment, materials and supplies, etc., and to
complete the Project by performing all the work as set forth in the this
Contract and the Contract Documents for the price and amounts set forth
in Contractor's bid.
1.1.4. Contractor is an independent contractor as that term is set forth in the
General Conditions for Construction GC-2, INDEPENDENT
CONTRACTOR,
1.1.5. Unless otherwise provided, all time frames referenced in all Contract
Documents shall be calendar days,
2, SCOPE OF SERVICES
2.1. The Project consists of those improvements described and set forth in the Contract
Documents.
2.2. The "Contract Documents" are the compilation of the following individual
documents which are hereby not listed in any order of precedence.
2.2.1. Advertisement for Bids
2.2.2. Instructions for Bidders
2.2.3. Bid Proposal
2.2.4. Bid Bond
2.2.5. General Conditions for Construction (GC) - all references to "GC" shall
be to section numbers
2.2.6 Special Conditions for City Furnished Materials
2.2.7 Terms and Conditions for City Furnished Materials
2.2.8 Construction Contract
2.2.9 Certificate ofInsurance
2.2.10 Public Construction Bond
2.2.11 Technical Specifications
2.2.12 Contract Drawings and Plans
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2.2.13 Addenda
2.2.14 Written directives or interpretations
2.2.15 Manufacturers warranties
3. OBLIGATIONS OF CONTRACTOR
3.1. Contractor shall:
3.1.1. Furnish all materials, supplies, machines, equipment, tools,
superintendents, labor, insurance, and other accessories and services
necessary to complete said project in accordance with the conditions and
prices as stated in the Contract Documents.
3.1.2. Perform all the work and labor pursuant to this contract and all of the
materials furnished shall be in strict conformity with the Contract
Documents, CONTRACTOR further accepts and consents to the
conditions contained in said Contract Documents and expressly agrees to
comply with every requirement and stipulation therein contained.
3.1.2.1. Comply with provisions in Special Conditions and Terms and
Conditions for City Furnished Materials.
3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work
above mentioned in a first-class, substantial and workmanlike manner, and
in conformity with the detail for said work on file in the office of the
Project Manager and strictly in accordance with the Contract Documents.
3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with
a copy of his Public Construction Bond within five (5) days of
subcontractors' work or material supplying and shall maintain records to
establish that notice. A copy of said notice shall be provided to the City's
Project Manager at time of issuance.
3.1. 5. Guarantee all work and materials for a period of one (1) year, as set forth in
the General Conditions for Construction GC-24, WARRANTY. Warranty
period shall commence with date of final acceptance as set forth in the
Technical Specifications for Construction 01700, EXECUTION
REQUIREMENTS.
3.1.6. Comply with the provisions of Section 255.05, Florida Statutes, if
applicable.
3.1.7. Pay promptly, before final settlement, any and all claims or liens by
subcontractors or material suppliers, incurred in and about this work.
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3.1.8. Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipment from streets, alleys, parkways and adjacent
property that may have been used or worked on by the CONTRACTOR in
connection with the project promptly as such section or portion is
completed and ready for use, leaving the same in a neat and presentable
condition.
3.1.9. Observe and comply with the provisions of the charter, ordinances, codes
and regulations of the City of Boynton Beach, Florida.
3,1.10. Obtain written approval from the CITY of all subcontractors not disclosed
in the Contractor's bid document.
3.1.11. Perform such other tasks as set forth in the Contract Documents.
3,1.12. Shall provide all required bonds, insurance certificates and any other
required security for performance of the Project within ten (10) of the
Award of the Project,
3.2. The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from any
cause resulting from their acts or omissions, or the acts or omissions of their
subcontractors or suppliers.
4. CITY'S OBLIGA nONS
4.1, City shall provide a written Notice to Proceed at the time of the scheduled Pre-
Construction Meeting.
4.2. Make timely payments for the work in accordance with the procedures and time
frames set forth in the Contract Documents.
4,3, On satisfactory completion of the Project, provide a written final acceptance and
payment for the entire project.
5. COMMENCEMENT OF WORK
5.1. CONTRACTOR hereby agrees to commence work under this contract within (l0)
calendar days of the Commencement Date specified in the written "Notice to
Proceed," and to achieve Substantial Completion without interruption within 180
calendar days thereafter.
5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to
timely commence the work following Notice to Proceed or fail in the performance
of the work specified and required to be performed within the time limit set forth
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in the contract, after due allowance for any extension or extensions of time made
in accordance with the Contract Documents, the CONTRACTOR shall be liable
to the CITY, as liquidated damages, the amount stipulated in Section 6.0
hereinbelow for each and every calendar day that the CONTRACTOR shall be in
default of achieving certification of Substantial Completion.
5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the
names and addresses of each subcontractor proposed for principal parts of work,
and any changes in subcontractors from those proposed in CONTRACTOR's bid
proposal, and for such others as the Project Engineer may direct, and shall not
employ any that CITY may, within a reasonable time, object to as incompetent or
as unfit.
6. LIQUIDATED DAMAGES
6.1, The CONTRACTOR further agrees to pay $2.000.00 per day as liquidated
damages, for failure to begin within ten (10) days of CITY's issuance of the
"Notice to Proceed" or failure to achieve Substantial Completion within 180
calendar days from the Commencement Date as indicated in the written "Notice
to Proceed", The CITY shall have the right to deduct said liquidated damages
from any amount due, or that may become due the CONTRACTOR, or to collect
such liquidated damages from the CONTRACTOR or his Surety.
6.2. Punch list items recorded as a result of inspections for Substantial Completion are
to be corrected by the CONTRACTOR within thirty (30) calendar days and prior
to any request for Final Inspection, Testing and Acceptance as stated in the
General Conditions for Construction (OC-50). If the Substantial Completion
punch list items have not been corrected by the CONTRACTOR within the thirty
(30) calendar day period, at the discretion of the Project Manager, Liquidated
Damages may be applied as described in Section 6 above.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the CITY
as more particularly set forth in the Teclmical Specifications for Construction,
01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE
PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR
WATER TREATMENT PLANT PROJECTS.
8. INDEMNIFICATION
8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, servants, and employees from and against any claim, demand, or cause of
action of whatsoever kind or nature arising out of error, omission or negligent act
of CONTRACTOR, its agents, servants, or employees in the performance of
services under this Agreement.
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8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and paralegal expenses at
both the trial and appellate levels) of whatsoever kind or nature for damages to
persons or property caused in whole or in part by any act, omission, or default of
the CITY, its agents, servants or employees arising from this contract or its
perfonnance. The CONTRACTOR and the CITY hereby agree and covenant that
the CONTRACTOR has incorporated in this original bid, which constitutes the
Contract sum payable by the CITY to the CONTRACTOR., specific additional
considemtion in the amount of ten dollars ($10.00) sufficient to support this
obligation of indemnification provided for in this paragraph. The indemnification
required pursuant to the Contract shall in no event be less than $1 million per
occurrence or no more than the limits of insurance required of the
CONTRACTOR by the Contract, whichever is greater, It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable and said
provision shall be in compliance with Section 725.06, Florida Statute.
8.3. The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as well
as the insurance provisions which are set forth in the General Conditions for
Construction, However, the indemnification provision, and the insurance
provision contained in the General Conditions for Construction are not
interdependent of each other, but rather each one is separate and distinct from the
other,
8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to
any offset, limitation or defense as a result of any insurance proceeds available to
either the CITY or the CONTRACTOR.
9. PAYMENT BY CITY
9.1. The CITY agrees to pay the CONTRACTOR in current funds for the perfonnance
of the contract, subject to additions and deductions as provided in the Contract
Documents.
10. CHANGES IN THE WORK
10.1 The CITY, without invalidating the Contmct, may order extra work or make
changes by altering, adding to or deducting from the work, the Contract sum
being adjusted accordingly. At the City's discretion, the City may make direct
purcbases of any materials and equipment purchased for, or to be incorporated
into tbe Project, as determined by the City.
CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND
UNDERSTANDS THE ABOVE PROVISION.
INITIALS
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All such work shall be executed under the conditions of the original Contract.
Any claim for extension of time caused thereby shall be made in writing at the
time such change is ordered. Changes in the work must be processed as set forth
in the General Conditions for Construction GC-46, FIELD CHANGE
DIRECTIVES/CHANGE ORDERS. No Field Change Directive or Change Order
shall be authorized by the Project Manager if the Contractor has added language
to the Field Change Directive or Change Order or to any cover letter, e-mail,
facsimile, or other written document which accompanies the Field Change
Directive or Change Order in which the contractor attempts to reserve any future
right or claim arising out of the work which is the subject of the Field Change
Directive or Change Order. If the Contractor adds such language, the Project
Manager shall secure specific written authorization from the City Manager's
office before executing the Field Change Directive or Change Order.
10.2 Change orders and adjustments shall be in writing and approved by the Project
Manager, otherwise, no claim for extras will be allowed.
10.3 Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be
submitted for the current contract payment for the month in which the work was
done. No claim for extra work shall be allowed unless same was ordered., in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
11. PROJECT ENGINEER
11.1. The Project Engineer ("Engineer") is David Brobst. P.E.. Wantman GrouD.
IDC..561-472-8123.
11.2. The Project Engineer shall have general supervision and direction of the work.
The Project Engineer is the agent of the CITY only to the extent provided in the
Contract Documents and when in special instances he has the authority by CITY
to act, and in such instances he shall, upon request, show CONTRACTOR such
authority in writing. He has authority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the Contract.
11.3, As the Project Engineer is, in the first instance, the interpreter of the conditions of
the contract and the judge of its perfonnance, he shall side neither with CITY nor
with CONTRACTOR, but shall use his authority pursuant to the Contract to
enforce its faithful performance by both parties.
11.4. In the event of a dispute, the role of the Project Engineer is to make
recommendations to the Project Manager who shall make the final decision.
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12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction GC-27, INSURANCE.
13. CONTRACf CONTROLS.
13.1. This Contract must be construed with all other Contract Documents, a master set
of which shall be maintained by the City Clerk of the CITY. In the event of a
dispute, only the master set of documents, or copies thereof certified by the City
Clerk, shall be used as evidence,
13.2. In the event of a conflict between the requirements or specifications set forth in
the Contract Documents, the conflict shall be resolved by written interpretation by
the Project Manager. In reconciling conflicting provisions of the Contract
Documents, the Contract shall have the greatest weight, followed by the General
Conditions for Construction, technical specifications, and finally by the balance
of the Contract Document.
14. TIME OF ESSENCE
14.1. Inasmuch as the provisions of the Contract Documents relating to the times of
performance and completion of the work are for the purpose of enabling the CITY
to complete the construction of a public improvement in accordance with a
predetermined program, all such time limits are ofthe essence of the Contract.
15. REMEDY FOR DELAY
15.1. In the event of any delay in the project caused by any act or omission of the
CITY, its agents or employees, by the act or omission of any other party other
than the CONTRACTOR, his agents, employees or subcontractors, or delay
caused by weather conditions or unavailability of materials, the sole remedy
available to CONTRACTOR shall be by extension of the time allocated to
complete the project.
15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION.
CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND
UNDERSTANDS THE ABOVE PROVISION.
INITIALS
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extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.4. All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction GC-23, EXTENSION
OF TIMEINO DAMAGES FOR DELAY.
15.5. For the purpose of this section, the phrase ''the CITY, its agents and employees"
shall include but shall not be limited to the Project Engineer and Project Manager.
16. DISPUTES
16.1. Disputes shall be resolved as set forth in the General Conditions for Construction
OC-lS, DISPUTES.
16.2 Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
C-9
Utilities Department
Revised 07-11-08
- 328 -
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City
Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
City Manager
Attest:
Approved as to Form:
City Clerk
City Attorney
Signed, sealed and witnessed
in the presence of:
JOHNSON - DAVIS, INC.
President or Vice President
Attest as to CONTRACTOR
State of Florida
)
) ss:
County of Palm Beach
)
On this _ day of , 20_, personally appeared before me, duly authorized
to administer oaths, known to be the
persons described herein or who has produced as
identification and who executed the foregoing instrument and has acknowledged before me that
they have executed same.
Notary Public
My Commission Expires:
C -10
Utilities Department
Revised 07-11-08
- 329 -
PUBLIC CONSTRUCTION BOND
BY THIS BOND, We ,as Principal
and , a corporation, as Surety, are
bound to Citv of Bovnton Beach, herein called Owner, in the sum of
$ , for payment of which we bind ourselves, our heirs,
personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal;
1. Performs the contract dated , between Principal and Owner
for construction of . the contract being
made a part of this bond by reference, at the times and in the manner prescribed in the
contract; and
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal
in the prosecution of the work provided for the contract; and
3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate
proceedings. that Owner sustains because of a default by Principal under the contract; and
4. Performs the guarantee of all work and materials furnished under the contract for the time
specified in the contract, then this bond is void; otherwise it remains in full force.
5. Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes do not affect Surety's obligation under
this bond,
6. This bond is given to comply v,'ith Section 255.05 Florida Statutes, and any action instituted
by a claimant under this bond for payment must be in accordance with the notice and time
limitation provisions in Section 255.05(2), Florida Statutes.
DATED ON
(Name of Principal)
BY:
(Name of Surety)
PCB-!
R~vi..d 10-21-05
- 330 -
PUBLIC CONSTRUCTION BOND
STATE OF FLORIDA
COUNTY OF
and says as follows:
He
, being first duly sworn, deposes
is
of
(Title)
(Name of Corporation or Finn)
a Florida Corporation
a Florida General Partnership
a Florida Limited Partnership
a Sole Proprietor
(
(
(
(
)
)
)
)
Check One
which IS named in Construction Contract dated the day of
, 20_, between said corporation as the CONTRACTOR and
the City of Boynton Beach, Florida as the OWNER, for the construction of
and Affiant is authorized to
make this Affidavit as, or on behalf of, the Contractor as named above.
Title to all work, materials and equipment covered by the attached Final Application
for Payment dated , passes to the Owner at the time of payment
free and clear of all liens, and alllaborers, materialmen and subcontractors have been paid
for perfonning or furnishing the work, labor or materials upon said Contract work covered
by the aforesaid Final Application for Payment.
This statement under oath is given in compliance with Section 713,06 Florida
Statutes.
Affiant
Sworn to and subscribed before me this
day of
,20_
Notary Public, State of Florida at Large
My Commission expires:
(SEAL)
END OF WARRANTY OF TITLE
PCB - 2
Revised 10-21-05
- 331 -
(W ~~~i~~:a~i~+rS~~e~ !~~:Ing
November 30, 2009
Mr, Paul Fleming, PMP
City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, FL 33435
RE: Recommendation of Award
Regional Force Main Jack and Bore Project
WGI No. 40710667.02
Dear Mr. Fleming:
I evaluated the bid package and two references for the lowest bidder: Johnson-Davis,
Ine. Enclosed is the Bid Evaluation - Due Diligence form. Based on my evaluation, I
recommend the project be awarded to Johnson-Davis, Inc. Please call me if you have
any questions or require additional information.
Sincerely,
W ANTMAN GROUP, INC,
MuutfJMJ--
David K. Brobst, PE
Senior Vice President
Ene.
Ce. 40710667.01/C.l
1\': \ 667 Boynton Beach Force Main \ C CORRESPONDENCE \ C.! - City of Boynton Beach \ 46 JB Recommenda linn letter.doc
2035 Vista Parkway.:. Suite 100 .;. West Palm Beach, Florida 33411
561.687.2220 .:-Fax:: 561.687.1110 -:- www.wantmangroup.com (. wgi@wantmangroup.com
- 332 -
..
.. C{.
Utilities Department
Engineering Division
Bid Evaluation - Due Diligence
Project Name: Regional Force Main Jack and Bore Project
Project Manager: Paul Fleming, PMP 1 Consultant: I Wantman Group, Inc,
Contractor: Johnson-Davis, Inc. (hereafter referred to as "J-D")
....... ....... .... ........ :; . ........;.SECTION1;':i.f$EIaiEC]IQ~eRITERIA\,::;;, ,. ,.."". ,,;' ,"'-
As required in the Instruction To Bidders, Section 26 SELECTION CRITERIA, bids are to be
evaluated based on the followino criteria (use continuation sheet if necessary):
No. .'. ....$el~tic:)r'lCrlterla'J' tiotits:&,C(im.m~nt!J..:;::...."""" ""(i\:::)i~:~:~:~F;:fh'i;t::;;;:;~;~;:fn-;l~i_ ""
26.1.1 Experience of the firm with similar projects,
J-D has experience with large scale, heavy construction and large diameter pipeline
projects. They are well known in the industry.
$3,2M, 25,000 feet reclaimed water distribution for City of Boca Raton.
$2.5M, road, drainage, water, force main for Palm Beach County BCC.
$2.5M, utility relocation incl. jack and bore for Martin County BCC.
$3.3M, utilitv relocation, new water and force main for FDOT,
26.1.2 Background and experience of the principal members of the personnel, including officers.
Principal personnel have a substantial amount of experience.
President-33 years experience; 32 at J-D; 17 as President
Operations Manager-28 years experience; 28 at J-D; 17 as Op. Mgr.
Controller-33 years experience; <:1 year at J-D as Controller; 21 years as president of
heavy construction company
Vice PresidentlProject Manager--43 years experience; 32 at J-D; 22 as VP/PM
Project Manager -32 years experience; 23 years at J-D; 9 years as PM
Project Manager-26 years experience; 22 years at J-D; 5 years as PM
Suoerintendent-22 years exoerience; 11 vears at J-D' 8 vears as Supt.
26.1.3 Bonding capacity. Compare current project values against stated bonding capacity.
$80M capacity, $77M available, $20.7M current project values, Capacity is sufficient.
26.1.4 Evidence of possession of required licenses or business permits.
Scott Johnson, Herbert Johnson, Certified Underground & Excav Cntr from FDBPR
FDOT aooroved soecialtv classes of work: underaround utilities sewer, water, force main
26.1.5 Experience in performance,
J-D stated they have no default contracts. Based on conversations with references J-D
has an outstanding record of oerformance.
26.1.6 Contracts on hand.
$20.7M work remaining in 36 contracts (35 as subcontractor). This workload appears to
be well within the capacity of J-D.
26.1.7 Largest completed projects.
The largest completed projects are comparable to the scope and magnitude of this
project. J.D has completed heavy construction having significant impact on traffic and
neiahborina areas with success. Also see 26.1.1
26.1.8 Review of references (use paae 2 of this form).
26.1.9 Consideration of past lawsuits or arbitrations to which the firm has been a party.
None
02/2009 Page 1 of 4
- 333 -
0212009
Bid Evaluation - Due Dili ence
Page 2 of 4
- 334 -
Utilities Department
Engineering Division
,;\\r',
, l
"'. ,/
Utilities Department
Engineering Division
Bid Evaluation - Due Diligence
" .' .
"
,.....,'.,~O,';;/:i~:;$eCmIO:N;24;.REFERENeE,,yERIFlq}\mIONrn):'2ir:i'm~\'~;:;i[il'imf\%';'iFtt!fn:'f.:':"";""
City of West Palm Beach
SR 809 Military Trail Okeechobee Blvd to South of 45th St
Craig Sandt, Sr. Construction
Coordinator
Telephone No.:
561-494-1040
Company Name:
Project Name and
brief Description:
Contact Person / Title:
Project Value
(Start / Finish):
....'.>',:',.,:'. " " "', <',<', ",,'-, ' ," ;" ....'. ...... :""""c::.;c~'"...'
1 Have they performed the work satisfactory as it pertains to meeting Yes 181 No D
budaet?
2 Have they performed the work satisfactory as it pertains to meeting Yes 181 No D
deadlines and milestones?
3 Have they performed the work satisfactory as it pertains to availability of Yes 181 No D
staff and princioals?
4 Have they performed the work satisfactory as it pertains to responsiveness
to Client demands and suaaestions?
5 Have they performed the work satisfactory as it pertains to quality of work?
6 Were there any Field Change Directives / Change Orders on this project?
If ves, explain the circumstances in the Comments / Remarks section.
Were there any "disputed" claims from this contractor for this project? If Yes D No 12]
ves, exolain the circumstances in the Comments / Remarks section.
How has the closeout process been with this contractor?
Have there been any "warranty" claims? If so how has the contractor's
response been?
10 What is your overall satisfaction with this contractor?
. ",", ......",.... ".,''''.ii,
Item No. Comments / Remarks
from above (use continuation sheet if necessary)
Changes were based on design and conflicts/resolutions in the field. Some cost
chanQes due to increasing material costs,
$3,354,065
I $3,466,942
Completion Date: July 2008
Yes 181 NoD
Yes [8J No D
Yes [8J No D
7
8
9
satisfactory
Yes D No IZI
Excellent
"",' .. ", .',",;'} ,
6
10
Brown & Caldwell was the City's consultant.
This was a tough project with many people/entities involved.
The City would like Johnson-Davis to bid on upcoming/current continuing services
but thev did not.
When asked, Mr. Sandt stated this was not information he had at hand during the
conversation, It may be reasonable to assume the start/finish values were not
sianificantlv different.
Start/Finish
Values
Bid Evaluation Performed By / Date: James Richie, PE November 6, 2009
Company I Organization: Wantman Group, Inc.
02/2009 Page 3 of 4
- 335 -
,./....~.(..' i.
I, l '
",.,
Utilities Department
Engineering Division
Bid Evaluation - Due Diligence
....... }}" ...,',i'" .' .:SECTION2:;';"REF:ERENCE;~ER.IEICATION! ,.-:::.';." I' ,:". .",'..,....'.':
. ,
Company Name: JW Cheatham, LLC (prime contractor)
Project Name and Lantana Road SR7 to FL Turnpike
brief Descriotion:
Contact Person I Title: Tom Uhrig Telephone No.: 561-471-4100
Project Value $2,520,500 $2,327,956 Completion Date: March 2004
(Start / Finish):
'.',,' '/', "".;, "':--'"''.'>'''''''
1 Have they performed the work satisfactory as it pertains to meeting Yes I8l No D
budaet?
2 Have they performed the work satisfactory as it pertains to meeting Yes~ NoD
deadlines and milestones?
3 Have they performed the work satisfactory as it pertains to availability of Yes~ NoD
staff and orinciDals?
4 Have they performed the work satisfactory as it pertains to responsiveness Yes I8l No D
to Client demands and suaaestions?
5 Have they performed the work satisfactory as it pertains to quality of work? Yes~ NoD
6 Were there any Field Change Directives / Change Orders on this project? Yes~ NoD
Ifves, eXDlain the circumstances in the Comments I Remarks section.
7 Were there any "disputed" claims from this contractor for this project? If Yes 0 No [8J
ves, exolain the circumstances in the Comments I Remarks section.
8 How has the closeout process been with this contractor? Very good
9 Have there been any "warranty" claims? If so how has the contractor's Yes [8J No 0
reSDonse been?
10 What is your overall satisfaction with this contractor? excellent
." ::' """';"
Item No, Comments I Remarks
from above (use continuation sheet if necessary)
1 J-D competitively bid this job.
6 J-D responded appropriately to the change and was concerned with resolving the
matter.
9 Minor valve cover adjustments were resolved without issue.
10 JW Cheatham has contracted with J-D for $30M including Boynton Beach Blvd.,
lndiantown Rd., and Northlake Blvd.
3 "Actively involved management", "excellent", "outstanding"
10 Capable of performing challenging work (15' open cut in roadway; 24 hour shifts)
Bid Evaluation Performed By / Date: Jimmy Richie, PE November 10, 2009
Company / Organization: Wantman Group, Inc.
02/2009
Page 4 of4
- 336 -
9. F
CITY MANAGER'S REPORT
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
D ANNOUNCEM ENTS/PRESENT A TIONS ~ CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: Review of Renovation Plan for Historic Boynton Beach
High School submitted to the City Commission on December 15,2009.
EXPLANATION OF REQUEST: Per the request of Mayor Taylor, this is a preliminary staff analysis
of the undated proposal submitted by Gaylord Allan Hendricks Consulting to the City
Commission on December 15,2009. The initial staff analysis is attached along with a digitized
copy of the Hendricks' proposal. See attachments 1 & 2 for the December 19, 2009 proposal
and attachments 3 & 4 for the preliminary staff analyses. Also see attachments 5-9 for
definitions and backgrounds information on the funding programs.
HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? Preliminary - please see attached
summary analyses by CRA and City staff (attachments 3&4).
FISCAL IMPACT: Preliminary - please see attached summary analyses by CRA and City staff
(attachments 3&4).
AL TERNA TIVES:
1. Reconsider the deletion of the March 2010 referendum issue. This may require a
special City Commission meeting to meet the requirements for two ordinance readings.
The final conformed language must be at the Palm Beach County Board of Elections by
February 1 st. Staff is confirming the absolute deadline.
2. Authorize staff to prepare a request for proposal to allow other organizations or
agencies to compete for City and CRA refurbishment funding.
3. Do nothing.
Attachments to this report:
- 337 -
1. Copy of 12/19/09 Old High School Proposal by Gaylord Allan Hendricks
2. Executive Summary of 12/19/09 Old High School Proposal
3. Initial CRA staff analysis of 12/19/09 Old High School Proposal
4. Initial City staff analysis of 12/19/09 Old High School Proposal
5. Definition of 501 c 3 Organization from BoardSource
6. Definition of 501 c 4 Organization from BoardSource
7. Overview of Federal Rehabilitation Tax Credit Program from National Trust for
Historic Preservation
8. FAQ's about New Market Tax Credit (NMTC) Program from Impactseven.org (a non-
profit organization working with the NMTC Program
9. US Department of Treasury New Market Tax Credit Program (Summary of 2009
Program)
- 338 -
RENOVATION PLAN
for
HISTORIC
BOYNTON BEACH
HIGH SCHOOL
BRIEF
- 339 -
o
THE SUBJECT ..................... .................. ..................... ............ ..... 2
THE PREFACE .................. ..................... ..................... ................ 2
THE WHY ...... ..................... .................. ..................... ............ ..... 2
THE WHAT ... ..................... .................. ..................... ........... ....... 4
THE WHO ............... ..................... ..................... ..................... .... 13
THE HOW............... ..................... ..................... ........................ 14
THE MONEY... ..................... .................. ......................... ............ 14
TIMELlNES ... ... ............ ... ... ... ............ ... ... ... ............ ... ... ... ............ 16
LONG RANGE PLAN ............ ..................... ..................... ............... 17
REFERENCES & links ............ ............... ...... .................. .............. 17
- 340 -
1
Built in 1927, Historic Manatee High a.k.a. Boynton Beach High.
Location Ocean Ave, Boynton Beach, Florida
Boynton High School/Mangrove Park School - Noted architect William Manly King
designed the Boynton High School as an additional school for the area. This 1927
building was constructed in the Mediterranean Revival style and incorporates elements of
Art Deco. The school was used as a school and community center until 1994, and then
transferred to the City. Since that time, the building has stood vacant and has been slowly
deteriorating. Development pressure, poor maintenance, and the current economic
conditions all factor into the increasing threat of demolition to the school building.
Preface
The intent of this brief is to supply the city commission with enough information to
understand the intent of our efforts. In short, we propose the following plan of action to
put this building back into action, preserving an important piece of Boynton Beach
History while creating a useful and sustainable building. We propose to restore and
renovate the existing building. We propose the final product should be as near to self
sustaining as possible to avoid undue burden to the city in the years to come. We propose
to create a building that will host a program of uses that will effectively, create job
opportunities, enhance the quality of living for all of Boynton Beach and bring much
needed life and revenue back to the Boynton Beach downtown area.
THE WHY
Retaining and improving this existing structure has many benefits to Boynton Beach and
the surrounding Palm Beach County areas. Here we will highlight the ones we feel are
most important.
Historic preservation:
Historic preservation projects add to the sophisticated image of the city. Cities who honor
their past are seen as places of sophistication. The City of Boynton Beach has a few fine
examples of preserving their past. The examples are but few and what is left should be
important to preserve.
Property Values
The bottom line is improved by bring this building back to life. Areas where buildings,
especially city owned building are left in disrepair have a negative impact on all of the
surrounding property values. We've gotten used to seeing this building in the shape it is
in. It doesn't look awful to us, but it certainly doesn't look like a building that has been
cared for by the city. It is not our opinion; it is proven fact that when an area or groups of
building are not kept to a high quality standard, crime rates rise and property values
decrease. If and when this building and the surrounding Ocean Ave District are
improved, surrounding property values will rise.
2
- 341 -
Crime
Community Centered neighborhoods experience a decrease in crime. One effective way
to build community in a neighborhood is to have neighbors know neighbors. The most
effective weapon against crime is neighbors who watch out for each other. One ofthe
ways that city government can facilitate is encouraging this type of interaction. There are
a few ways to encourage this behavior, one being provide places to people to gather and
provide programming events assistance. An improved Ocean A venue District, along with
a community civic, arts and cultural campus will not only provide excitement and
revenue coming into Boynton Beach, it will afford places for neighbors to meet
neighbors.
Commerce
Revenue into the Ocean Ave District and support for the new Marina District area. The
Old School Center can become the anchor point for the Ocean Avenue to Marina District
area. The Ocean A venue District will benefit from an exciting and energetic place at the
end of the street.
Cultural Tourism
Cultural Tourism, also known as cultural heritage tourism, "is travel to experiencing the
arts, heritage, and the special character of unique places."
This definition emerged from the 1995 White House Conference on Travel and Tourism,
which declared United States involvement in this worldwide phenomenon a national
priority-a way to link support of American cultural institutions with economic
development goals for the nation.
Why is cultural tourism au ecouomic development tool?
. In communities across the nation, cultural tourism has generated business
opportunities for local entrepreneurs, created new jobs, and expanded markets for
the arts.
. Cultural tourism activity in Pennsylvania totals more than $5 billion, supports
69,000 jobs paying $1 .34 billion, and generates $615 million in tax revenue for
state and local governments (Greater Philadelphia Tourism Marketing
Corporation, 2003).
. Cultural Tourism in New York City increased to 16.9 million in 2002, accounting
for nearly half of all visitors, according to NYC & Company. Spending by
cultural visitors accounted for $7.6 billion that year.
. Cultural Tourism has the added benefit of promoting pride and enhancing quality
of life for local residents.
3
- 342 -
THE WHAT
The PROGRAM CONCEPT
The vision for the final product is a building that houses these basic functions.
Arts
Culture
Rental/lease / office
Civic function
Food and Beverage
THE PLAN
In order to create a successful conclusion of this historic building renovation project we
propose the following overall plan of action.
The Team
In order to take advantage of new market tax credits, historic preservation tax credits,
available grant money on a local, state and national level and major donor fund raising
efforts, we propose the building be placed in the care of the Boynton Beach Historic
Society. The funds available are only available to a SOlc3 organization.
Over arching principles and design criteria.
In order to create an economically successful project of this historic building, the
following design and functional principles should be followed closely.
Traffic flow, evening and daytime. Further study is need in this area. It may be possible
or necessary to secure a portion of the building in the evening hours. It may be entirely
acceptable that the entire building be open to the public in the evening hours. Unsecured,
empty hallways are not an acceptable or desired result. Some possible solutions are
creating a layout of uses that allows the entire building to be accessible at night time,
. Retail next to office next to food and beverage outlet(s).
. A mix of uses that allows of the second floor of the south side of the building to
be close in the evening hours.
. Or a mix of uses that allows for the lower level of the north side of the building to
be secured or closed off at night.
.
Complimentary functions and their location.
Mix of uses, principles.
The right location for potential uses should be well thought out in advance and remain
flexible.
4
- 343 -
4000 square feet Great room
A multi function great room is proposed for the old gymatorium. The existing stage is
proposed to be renovated. The existing bleachers are proposed to be removed and
replaced with a more functional storage and seating structure. The great room has enough
space for approximately 250 people banquet style, 500 people theater style and 350
people conference style. The area where the old bleachers will be redesigned will have
room for storage of tables, chairs, chafing dishes, 6-foot tables, conference tables and
other banquet needs.
Lease space is to be provided to bring in enough revenue to offset any annual cost to the
city . Available space made available for lease shall be approximately half of the overall
usable space under roof. The design layout may change, but the over all goal of providing
enough lease space to cover the cost of annual maintenance or very close to covering the
cost shall be a guiding overarching principle when development decisions are made at
every level.
Food and beverage service
The lower north section of the old school is a proposed kitchen facility. This area may be
used as a support-catering kitchen or may be expanded to service the proposed food and
beverage operation of an in house food and beverage operation. One food and beverage
operation must be incorporated into the final building mix of uses. This food and
beverage operation may take on the form of a full service restaurant or may be a deli or
coffee shop style operation. The overarching principle is to have available service
available to attract visitors and create activity at the space from morning to later
everungs.
Civic and city services
Civic and city services are to be worked out over the course of the reconstruction of the
old school space. Some overall considerations to keep in mind while making these
decisions shall be.
1. Creating traffic into the building.
A city service that does not create pedestrian traffic may be better suited elsewhere.
Other considerations may be city community, cultural and arts centric services. These
may include Parks and Recreations services, community centered police services, arts
and culture related departments. The over all mix can of course fluctuate over time as
needed.
Office lease space. Here again consideration should be given to how much pedestrian
traffic does a professional service make. If desired result is prohibited by and zoning
regulations, we suggest the city commission grant exceptions and revisit the regulations
that are prohibitive to flexibility of the City of Boynton Beach to make decisions in the
best interest of the Ocean A venue and Marina District. In general, we are proposing
professional office space to offset the annual cost of the redeveloped old school space.
Proposed locations for office lease space are flexible. Consideration should be taken as to
location of office lease space during the evening hours. Depending on the final location
of the food and beverage operation in the old school building, the office space may be
5
- 344 -
best located on the upper floor of the South side of the building. If the restaurant is
located in the lower level of the North portion of the building office and boutique retail
space can be located on either floor of the South side of the building.
Retail lease space.
The preferred retail tenant shall be a business operation that has the ability to be open in
the evening hours, especially on the weekends. This concept should reflect the overall
Ocean Avenue principle of creating life and activity on the street in the evening hours.
Generally, most of the high traffic time will be on the weekend. The building renovation
should take into account that display windows for retail space should be provided. Not all
retail space must be open in the evening hours, but window-shopping will provide a
desired result of providing a pleasurable experience moving people through the space.
Care should be given as to the location of all lease uses. It is foreseeable that office and
city services are located on the top floor and retail space located at the street level floors.
6
- 345 -
. .
".
.
I I
:,~
.'1
,
. I"
. ~.
.
7
- 346 -
8
- 347 -
9
- 348 -
Revenue of aU lease space.
Potential revenue for lease space is as follows
11,000 square feet lease space = $187,000
10,000 square feet lease space = $170,000
5,000 lease space = $85,000
10
- 349 -
Office / retail lease space
12,000 square feet @ $17.00 per square foot = $204.000 annually
4.000 square great room space
50 function days @ 2,000 = $100,000 annually.
50 function days @ 1,000 = $50,000 annually.
Design Concepts and Criteria
Preservation will be a great part of the effort to restore the old Boynton Beach High
School to health. However, preservation will only be part of the overall plan. In our view,
a 100% preservation project will not be produce the desire result of having a multi
functional, civic, arts centric center that is open to all Palm Beach County residents. The
overall concept is to be flexible in future building usages, while remaining true to the
spirit of this historic building. Our proposal to use historic preservation grants to the
extent that these grants do not tie the hands of future development of the building as a
functional civic arts center. Our plan is to use our resources to solicit grants for historic
preservation, green building / sustainable building grants and grants aimed at providing
services for Boynton Beach and the larger community of Palm Beach County.
Design guidelines
Preserve bathrooms, key historic design features, preserve the integrity of the exterior
structure.
Signage shall be handled not on the exterior ofthe building. Signage shall be handled via
sign walls to be added around the building incorporated into canopies, sign walls, and
plaza features.
Replacement doors shall reflect the era of the original building. We will not be tied into
doing exact replicas of the era and we reserve the right to get close enough without being
penalized by grantors of moneys for the project. If grant money will inhibit our ability to
our intent is to keep in the spirit of this historic building while keeping within a
reasonable budget. The overall goal of putting this building back to good use for the
community will take precedent in all design decisions.
Replacement light fixtures shall reflect and respect the era of the original building.
We reserve the right to remove and or replace non-structural walls to accommodate for a
better functioning building. Lease space shall be considered when all structural design
decisions are to be made.
11
- 350 -
Programming
First Floor, Retail, Food, Beverage, City Offices
Conceptual suggestions;
Rita's, Sandwich Shop. Parks & Recreation, Coffee Shop
Suggestions for placement;
Food and beverage on the East and West rooms. Retail in the middle
Second Floor, Retail, Office Space, City Offices
Gym and stage, Movable art show or restaurant.
The Art Show.
The concept is to have Art line the walls of the old Gymatorium. With movable platforms
for sculpture pieces. The sculpture pieces can be moved to the center of the gym floor
when the building does not have a function planned. When a function is planned, they
can be moved safely to a niche along the perimeter of the walls. Storage for tables and
chairs will be along the South walls.
Tn our recent economic impact study, Miami-Dade County's findings revealed a $922
million economic impact from nonprofit arts and culture industry spending.
The study also revealed an extraordinary average audience expenditure of $78.17 per
person from outside the county, per event, in addition to the cost of admission -- three
times as much as the $26.17 spent by the average county resident. Arts and culture are
magnets for tourists, and tourism research repeatedly shows that cultural travelers stay
longer and spend more, resulting in local businesses reaping the financial rewards.
httv://www.miamiherald.com!ovinionlletters/storv/1181944. html
Food & Beverage
· Full service Restaurant and I or
· Coffee Shop I Bakery
Locations and logistics to be decided. The concept of having food and beverage service at
this location is crucial to the goals set forthwith. Creating a space where there pedestrian
traffic flow during all hours of operation is key to creating life on Ocean Avenue. Our
proposal leaves room for placement to be adjusted, however it would be best to place
food and beverage locations on the first level floors with access to the street and adjacent
parking. And entry plaza could not only accommodate a small performance area, but
would also create opportunities for signage and ADA compliant assess to the building.
12
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THE WHO
The Team, Organizations
501C3, 50lC4 Options:
Boynton Beach Historical Society
City 501 c3
Newly formed 501c3
Support Team members & organizations
Palm Beach County Historical Society
Boynton Beach Historical Society
Proposed City Task Force
Building Dept.
Citizen group Liaison
Parks & Recreation Dept.
Facilities Dept.
Citizen Group Tasks
Petition Drive,
Build coalition partners support
Build community by - in
Education events
Special events
Assist in coalition building
501c3 formation
In kind donation program
Fund raising support
Design, programming plans, support organization.
Assign liaison with City and CRA
The Team, Individuals
Barbara Ready, President, coalition Building
G. Allan Hendricks, campaign manager, public education, organizer
Warren Adams, Grant Writer in Chief
John McGovern, 501c3 & City I CRA Liaison
FUND RAISING TEAM
Harvey Oyer III
Supporters & Allied Organizations
National Historic Trust
Boynton Historical Society
Art Deco Palm Beach County
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THE HOW
Construction Phasing.
After the building is secured, the renovation efforts should be focus on the First and
second floor rental spaces and creating a pedestrian friendly plaza between Ocean Ave
and the building. Construction I renovation of the gym space and lower floors can move
forward, with peep holes for curious visitors.
Education and promotion campaign
In order to insure a successful end result a promotion campaign will be in effect
throughout the renovation process. This campaign will bring awareness to the Old
School project, create an environment where potential major donors are more likely to
know about the project and be willing to donate funds and ensure success when the time
comes to actively acquire lease agreements.
· Ongoing effort to build support and excitement for the restoration project
· Speaking engagements
· Direct involvement by city residents, major donors and city Government and city
staff in the process.
· Guided tours at predetermined times for press, major donors and citizens and city
staff
· Cooperation with City and CRA education and community building efforts
THE MONEY
In general we propose the following plan of action to fund the restoration I renovation of
the Old Boynton High School:
We are working form the assumption that the project will cost 8 - 10 million dollars.
New Market Tax Credits
$6,000,000.00
The assumption is that 40% of this money will be a forgivable loan and the remainder
will have to be repaid. Revised total cost to project = 3,600,000.00
Money from Major donor fund raising efforts.
14
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$1,000,000.00 over four years ($250,000.00 per year)
In kind donations
$20,000.00 over four years ($5,000.00 per year)
Money from Grants
$80,000.00 over four years ($20,000.00 per year)
Balance from City of Boynton Beach
$2,000,000.00 over four years ($500,000.00 per year)
TOTAL - $3.600.000.00
Major Donor Fnnd Raising
Grants
Tax Credits
Major Donor Fund Raisers
City Money
Grants, Historic Preservation, GREEN Bnilding, Community Building, Arts and
Education, Stimulus Money
In Kind Donations, Major Retailers
Naming rights campaign
New Market Tax Credits
http://www.stlamerican.com/articles/2009/11J06/business/local business/business02.t
xt
http://tampabav.bizlournals.com/tampabav/stories/2009/06/08/storvl.html
Historic Preservation Tax Credits
http://www .preservationnation.or!!/issues/rehabilitation-tax -credits!
15
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TIMELINE
Objectives bv year
YEAR ONE. task. deliverables. materials. timelines
1. Secure the right to use the building for an extended period of time
2. Have a restoration plan with known. verifiable expenses.
3. Develop qualified organization
4. Develop board
5. Write investment policy with a competent money manager.
6. Develop the case statement for support
7. Secure collateral material
8. Identify Lead donors.
YEAR TWO. task. deliverables. materials. timelines
Structure. 501c3 to report at monthly Commission Meeting
Deliverables:
Petition gathering, infrastructure I awareness building
Organize community team
Plan & execute 1 sl Town Hall
Allied organizations counsel (local) Harvey Oyer, Koskoff, Stryker
Grant writers organized, help from CRA grant writers
Green restoration homework
Stimulus money
Key Team Players
Clean team
Press person, NEWSLETTER
CPA
Lawyer (City)
Old school experts in restoring historic buildings
Gather donors and in-kind donations
Scaffolding
Paint.
Electric
Cleaning services
Doors
Windows
Banners for donors
Wall plaques
Naming rights
Communicate and coordinate with city and CRA
16
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CRAjoint event
Create non - profit, with help from City Attorney
Organize allied groups
First community fund raiser
First event
Major Construction - ROOF
YEAR THREE
First major donor fundraiser
Community fund raiser
Continue building teams
Plan & execute 1 sl Town Hall
Major Construction - ELECTRIC
Internet - high tech
YEAR FOUR
Open doors
Major Construction - Fire system
Fund Raising Goals
Grants
FOLLOW THROUGH
The Education Campaign
The education campaign will be an ongoing effort from beginning of project through the
opening of the new venue.
Speaking engagements, a program to identify stakeholders, potential donors and Boynton
Beach citizens to build support and excitement for the project. The education element of
the plan is essential to the success for getting the building renovated and ensuring that we
will have lease space filled when we open the doors.
Major Donors and Key Financial Support
Resources
Two of the 2006 Top Ten Green Projects winners are preservation projects
Immaculate Heart of Mary Motherhouse, Monroe, MI
Philadelphia Forensic Science Center, Philadelphia, PA
htto:llwww.wbdg.orgfresources/sustainable hp.php
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Preserving a building is often called the ultimate recycling project, yet preservationists
commonly fight the stigma that historic buildings are inefficient and require daunting
corrective measures to retrofit for energy saving devices and systems. Green and
sustainable design has become an increasingly popular issue in both the preservation and
new construction industries. Preservation and green goals overlap, and reconciling their
differences is possible, provided that both sides strive to be as creative and flexible as
possible.
The LEED for Neighborhood Development Rating System (LEED-ND) integrates the
principles of smart growth, new urbanism, and green building into the first national
system for smart, green, and healthy neighborhood design. LEED-ND also addresses
historic buildings.
The U.S. Green Building Council recently adopted LEED-EB@ as a guideline for
greening Existing Buildings. While this is a valuable checklist for maximizing the
sustainable qualities of existing buildings in a real estate portfolio, it stops short of
addressing historic buildings specifically.
The LEED for Existing Buildings Rating System helps building owners and operators
measure operations, improvements and maintenance on a consistent scale, with the goal
of maximizing operational efficiency while minimizing environmental impacts. LEED
for Existing Buildings addresses whole-building cleaning and maintenance issues
(including chemical use), recycling programs, exterior maintenance programs, and
systems upgrades. It can be applied both to existing buildings seeking LEED certification
for the first time and to projects previously certified under LEED for New Construction,
Schools, or Core & Shell.
USGBC is now offering free registration for all previously certified LEED for New
Construction, LEED for Schools, and LEED for Core & Shell projects. E-
mailleedinfo@usgbc.org to take advantage of this offer and get started on the LEED for
Existing Buildings: O&M certification process.
Minimum Program Requirements Update: The LEED Steering Committee has
approved a change to the Minimum Program Requirements (MPRs) for LEED for
Existing Buildings: Operations & Maintenance, versions 2 and 3, lowering the occupancy
rate required for certification from 75% to 50%.
Articles
Milwaukee Journal Sentinel
Architectural Record
GreenHomeNYC
Sustainable Design and Historic Preservation
National Housing Trust
Integrating Sustainability and Historic Preservation-AlA Best Practices
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htto:llwww.gsa.gov/Porta1/gsa/eo/contentView.do?contentTyoe=GSA BASIC&contentI
d=23709&noc=T
htto:/Idocs. google.com/viewer?a=v &q=cache:ugt9U09qN8g] :ceom.louisville.edu/Pubs
WPaoers/practiceguideslPG 8.pdf +successful+historic+preservation+examples&hl=en&g
l=us&pid=bl&srcid=ADGEESi-
4xdJItZuOQ029uHswC2tq5G8huNq Y qXl5sv AU85uOH7 0041 Vhs4sKD9-iGh Y6-
WWMKVi 83Lz4orVxiiZ8VoTD-sGLCZd06WumzxHrU-yF AZPi2iTDf5xHN3ZR6nl-
NxQqCs&sig=AHIEtbQwB50GNUil09TDgDTvI vvaosetuQ
htto:llwww.wbdg.org/design/historic pres.oho
htto:llwww.architectureweek.com/2009/0916/culture 3-3 .html
ARTS GRANTS RESOURCES
htto:llwww.florida-arts.org/grants/programs!?program=scp
National Endowment for the Arts
htto:/Iwww.nea.gov/grants/index.html
Financial Resonrces for Historic Preservation Projects
htto:llwww.floridatrust.org/resources-article/16
National
National Trust for Historic Preservation - Grants
Small matching grants that fund professional services for preservation planning,
education programs, and preservation emergencies. Applications for Florida projects are
coordinated through the National Trust Southern Office (843) 722-8552.
National Trust Loan Fund
Revolving loan funds that provide assistance for projects that serve low and moderate
income households/areas, and for a variety of preservation projects, including acquiring
or rehabilitating historic buildings, sites, structures and districts.
National Trust Community Investment Corporation
NTCI is the National Trust's for-profit subsidiary and offers equity investment programs
for real estate projects that qualify for federal and state historic rehabilitation tax credits.
The program focuses on projects that stimulate the economic revitalization of the
19
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surrounding community.
Federal Rehabilitation Tax Credit
A tax credit available for the restoration of National Historic Landmark buildings,
buildings listed on the National Register of Historic Places or as contributing buildings to
a National Register Historic District, some state or locally designated contributing
buildings. Buildings must be income producing and must meet the Secretary of the
Interior's Standards for Rehabilitation.
Advisory Council on Historic Preservation
The Advisory Council1ists sources of preservation funding on their website.
Save America's Treasures
A Federal grant program assisting in the preservation of nationally significant historic
sites and col1ections.
Preserve America
Federal grants assisting community efforts for the sustainable use of historic sites and
that promote the economic and educational benefits of heritage tourism. State Historic
Preservation Offices, Tribal Historic Preservation Offices, designated Preserve America
Communities, and Certified Local Governments that have applied for Preserve America
Community designation are eligible to apply.
National Endowment for the Arts
Grants for design (including city planning and architecture), museum education and
exhibits, partnerships on artIcultural education projects, visual arts (including interior
restorations), and to artIcultural agencies for various programs.
National Endowment for the Humanities
Grant themes often change each year, however in the past have included programs that
promote history, preservation and access to historic sites and col1ections, education and
public programs, and research.
National Center for Preservation Technology and Training Grants
NCPTT is a program of the National Park Service. Grants provide assistance for
research, training, meetings, conferences, and publications in the field of preservation
technology.
20
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Save our History Grants
Save our History is a program coordinated by the History Channel. Grants are awarded
for projects that promote partnerships with local schools to teach students about historic
preservation.
Department of Housing and Urban Development (HUD)
HUD offers several grant and loan programs that assist in historic preservation. Programs
target local governments, cultural group, private homeowners, rural comminutes,
affordable housing projects, and many others. Of interest to private homeowners are the
203(k) loans and funds for "Handyman Specials and Fixer-Uppers."
Gettv Trust Grants
Funds are available for the conservation of museum collections, architecture, historic
campus buildings, preservation education programs, and preservation training programs.
Transportation Enhancements
These federal funding grants help enhance transportation projects. Activities can include
preserving cultural landscapes, historic preservation, acquisition of historic preservation
easements, historic restoration, archaeological planning, scenic highways, Rails to Trails
programs, and transportation museums.
Restore America
www.nationaltrust.org - www.hgtv.com
Restore America is a joint partnership between the National Trust for Historic
Preservation and Home and Garden Television. Each year, a small number of residential
projects are funded which spur the revitalization of a community. Funds can be used for
bricks and mortar costs or consultant fees.
Institute of Museum and Librarv
Financial assistance available for museums in the area of assessment, collections
management, education and research.
Tourism Cares for Tomorrow
This nonprofit organization awards international grants for the preservation and
conservation of exceptional cultural and historical sites.
The Andrew W. Mellon Foundation
Grants in five core areas: higher education, museums and art conservation, performing
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arts, conservation and the environment, and public affairs.
1772 Foundation
Grants assist in the historic preservation of farming buildings, industrial development
sites, transportation sites, and unusual historic buildings.
Carls Foundation
Funds assist in the preservation of open space and historic buildings significant in
America's heritage.
Graham Foundation
Funding available for public programs that build support for architecture and the built
environment.
American Express
Funding is available in the area of cultural heritage for public awareness programs and
major heritage tourism sites.
Wachovia Foundation
Funding is available for community development projects, especially those which include
affordable housing.
Kresge Foundation
Grants are available for arts and cultural projects, as well as a special fund for green
buildings.
Grants for Green Bnildings
EP A Funding Resource List
Good To Be Green
Statewide
Division of Historical Resources
Provides grants for the identification, excavation, protection and rehabilitation (including
acquisition and bricks and mortar) of historic buildings and archaeological sites. Funds
are also available for history museums and Main Street programs.
Division of Cultural
Provides grants for cultural and arts projects. Projects include the rehabilitation of
historic buildings slated for use as a cultural or arts center and education programming.
22
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Department of Community Affairs
Most of the funding programs are catered towards local government for community
revitalization and development. There is also information for individuals regarding
disaster management and response.
Local Tax Incentives and Grants
Many local governments offer tax incentive programs and/or grant programs for the
restoration of historic buildings. Call you local Planning Department or Historic
Preservation Office for information.
Resources
The Foundation Center
The Foundation Center is a great online tool for finding information on potential funding
opportunities and general information on fundraising. The Foundation Center has several
research centers around the country; however, the closest to Florida is in Atlanta, GA.
For a list of places in Florida with a small collection of Foundation Center information,
visit www.foundationcenter.org/collections
www.grants.gov
An online database of grants available through the Federal Government.
Chronicle of Philanthropy
Philanthropy Journal Online
Other Funding Sources
Often, organizations and agencies outside of historic preservation may offer financial
assistance for preservation projects (i.e. affordable housing, environmental protection,
small business administration, etc.).
Financial Resources for Historic Preservation Projects
( GREEN)
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Gavlord Allan Hendricks Consultin2
122 s. E. 4th Ave.
Boynton Beach, Florida 33435
cell- 561.541.3700
hendricksdesh~n @yahoo.com
24
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Boynton High School Renovation Plan
Executive Summary
The Proposal
To create a successful renovation of this important building, located at the Ocean A venue District
of Boynton Beach, we propose the following plan of action:
We propose to raise funds for the renovation process thusly:
New Market Tax Credits $6,000,000.00
40% forgivable loan <$2,400.000.00>
60% balance = $3,600,000.00
Major Donor Fundraising, over four years =
Funding from City of Boynton Beach, over four years =
In kind donations, over four years =
CRA Funding, over four years =
Historic Preservation Grants, over four years =
Green Building Tax Credits, over four years =
TOTAL
$1,000,000.00
$2,000,000.00
$20,000.00
$500,000.00
$50,000.00
$30,000.00
$3,600,000.00
Building Programming We propose theses elements to be the final product;
· lease space to include public / city services
· office space rental, boutique retail lease space
· great hall with stage
· a minimum of one food and beverage outlet
· New plaza spaces at exterior of building
Revenue stream
10,000 square feet lease / office retail space, market rate
5,300 square feet great room and stage, sliding scale rate
2,000 square feet community arts and culture, sliding scale rate
Building Project Team
Boynton Beach Historical Society
Fund Raising Team
Task Force made up of Boynton Beach Historical Society President, City staff liaison, CRA staff
liaison, Grant writing Chairman, Project manager, Fund Raising Chairman
Public Education Campaign An ongoing campaign to assist in fund raising efforts, raise public
awareness and build public support for the restoration / renovation efforts. Outreach should focus
locally and extend out to all of Palm Beach County.
Steps to Achievement
We recommend the city form a 50lc4 with an independent board to trigger the mechanism that
would allow us to obtain these funds and grants. The success of this renovation project wiII be
greatly enhanced with the support of Boynton Beach City Government and our Community
Redevelopment Agency. We ask the Boynton Beach Mayor and City Commissioners to
reconsider the proposed referendum regarding the improvements to this building.
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Boynton High School Renovation Plan
CRA Comments - Executive Summary
1, NMTC funds come in the form of a loan to the project, The entity must be able to service the debt.
Development and operating pro formas must be created to determine the feasibility of carrying $6M
of debt for 7 years (the standard NMTC loan term).
2, To be eligible to receive NMTC allocation the entity must have all other project funds pledged prior
to applying to the NMTC lender.
3, It is not clear what the total square footage of the rentable space is.
4, $17 psf leasing price is aggressive in today's market based upon 60,000 sf of space available for
rent in CRA,
5, To secure NMTC's the entity must be able to prove they can cover the debt AND operating costs.
6, The applicant entity for the NMTC's must guaranty the loan; i.e., be financially solvent.
7, Historic tax credits can only be obtained for that portion of the building that is used for income-
producing purposes,
8. Is the City willing to lease the portions of the building as proposed and at $17 pst and pay the
annual operating costs?
9. If City/CRA staff are going to do all the work, fundraising, 504c etc" why aren't they the lead?
10. What has been the consistent revenue stream for Sims Center and Intracoastal Park renlal portions
10 offset costs?
11, Was a comparative market analysis study done against all of Palm Beach County; specifically,
Harriet Himmel, BB Women's Club, OSS, Anne Norton Sculpture Gardens and how does the
nonprofit plan to establish its portion of the market share against the current loss in rental revenues
due to the economy?
12, How willlhe CRA and City staff be managed under the 501 (c)4 scenario for performance?
13, Is it realistic premise that nonprofit fundraising will result in donations being made to a government
facility.
14, It is unclear what would be expected of CRA staff as far as events and grant writing are concerned,
15. Professional fund raiser and team need to be hired to accomplish this fund raising initiative.
16. Professional grant writers need 10 be hired to sort through the applications and write a grant with a
chance of being funded,
17, A professional staff will need to be hired in full time positions to manage and promote, Community
activists can support the staff initiatives,
18, CRA joint event? We do not charge for our events." how would that help?
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City Staff Commentary on Renovation for Historic Boynton Beach High School
Proposal Received on December 19, 2009 from Gaylord Allan Hendricks Consulting
General Comments about Timeline for project: (Risk Management)
The Timeline shows no actual major construction in the building to occur until Year
Two. This would be the Roof. Year Three would be the Electric and Year Four would
be the Fire System. There does not appear to be any funding shown for the ongoing
maintenance of the building. The Roof is currently in need of repairs. It currently has a
Blue Tarp on it. This is only a temporary measure to attempt to stabilize the building. If
there is a 2-year delay in replacing the Roof, there is the possibility that the building
would become further destabilized and additional damages incurred. The proposed
Timeline is too long to bring this building up to current Code and Building Standards.
Overall Comments: (Assistant City Manager)
One main comment I have is that shouldn't the Commission consider the entirety of this
area and not peace-meal the parcels, i.e. City Hall, OHS, Civic Ctr. Where does this plan
fall within the Downtown Master Plan?
A few comments/questions that should be considered:
1) Parking adequate for the multi-uses and city center? Large auditorium - adequate
parking for shows, etc? Don't see it addressed at all.
2) Are all of these uses compatible with our zoning?
3) Has any market study been done to indicate if these uses will survive? I don't think
so. I think it needs to be tied to a bigger picture of the area.
4) May sound minimal- but cafe in OHS will compete with cafe in Library
5) With all of the people identified I still have the question as to "who would be in
charge" of the project? I think I see Boynton Beach Historic Society, but do they
have the means to get this done?
6) How do we protect our $2M investment and know that it is spent properly? What
will be our level of involvement to protect it?
7) Numerous agencies identified to go after for money.... who is going to do that and
will they be effective? The amount of work involved in all of these apps and grants
will be tremendous.
Bottom line is if the Commission is actually going to consider investing $2M or any
money at all, I believe we need to be involved in the project. We are either on board or
we are not. That decision has yet to be made and needs to be before this will work.
There needs to be a consensus on the basic concept of saving the building or not - Brian
Edwards was correct in stating the importance of the City supporting this effort if it is
going to be successful. Without our backing it won't go anywhere.
For this to be really successful the City leadership will need to embrace the concept of
restoration and back it - with staff time, money (although limitedly), etc. In looking at
I
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the questions above - it's the City and staff that would have the expertise to address the
Issues.
Implementation Comments: (Risk Manager)
Following the presentation by the Ad Hoc Historical Committee (AHHC) and the
decision by the City Commission to cancel the March 2010 referendum on the Old High
School, I offer the following recommendation:
1. The AHHC be directed to establish a 501.cA non-profit organization, independent
from the City, for the purpose of preserving, redeveloping and managing the Old
High School.
2. The City sells the Old High School to the AHHC for $1.00. This would include
the building and the land on which the building footprint sits. It would not
include adjacent parking of other land.
3. The AHHC will assume responsibility for maintenance and all expenses for the
Old High School building.
4. Within thirty days of the official sale of the property, the AHHC shall provide to
the City's Risk Management Department, a Certificate of Insurance showing
Commercial General Liability insurance, with the City named as Additional
Insured; and, Commercial Property insurance on the Old High School building.
The insurance coverage must meet the requirements established by the City's
Risk Management Department.
5. Within thirty days of the official sale of the property, the AHHC shall obtain a
Bond for the City to cover the cost of demolition and debris removal of the Old
High School building.
6. Within 18 months of the official sale of the property, the AHHC shall begin
fundraising, meet all CRA, planning and zoning requirements, and begin
renovation or reconstruction of the Old High School building.
7. Within 30 months of the official sale of the property, the Old High School
building shall meet current Code and Building Standards.
8. If the AHHC does not meet the aforementioned time requirements, the Old High
School building will revert back to the City, the Bond will be called in and
demolition will commence within 30 days.
9. The City will expend no money from the General or other City Funds on the
501.cA non-profit organization or the Old High School building.
10. The City may partner with the 501.cA non-profit organization in the application
for Grant funding. Any grant recipient required monetary or in-kind requirements
shall be the responsibility of the 50 l.cA non-profit organization, and not the City.
This plan would give the Ad Hoc Historical Committee the opportunity to "Save the Old
High School," by conducting their fundraising, grant seeking, reconstruction and
renovation at no cost to the City. This plan would remove the Old High School from the
City's responsibilities including maintenance and insurance. This would be a Win-Win
situation for the City and those local residents who want to preserve this building.
2
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Staff Commentary on Eligibility of Tax Credits (Finance Director)
Note: There were two basic tax credits mentioned in the proposal:
1. New Market Tax Credits (NMTC)
2. Federal Rehabilitation Tax Credit
Question: A source of funding for tax credits - what organization would typically
provide this type of support?
Answer: New Market Tax Credit Program (NMTC): Only an incoming producing entity
can draw down the NMTC credits which are competitive. The project premise is
$6,000,000 ofNMTC will fund the project. However, the debt service on the $6 million
must be paid for the fIrst fIve years. After that time period the 40% equity portion will
kick in on the forgivable loan and remainder.
Historic Preservation Tax credits (Federal Rehabilitation Tax Credit) cannot be given to
nonprofIt organizations.
Comments from Development Department
As you know, for at least a decade, the staff of this department has expressed reservations
as to the economic feasibility of renovating the Old Boynton High School. In April of
2001 the City's Building OffIcial prepared a report detailing a range of mechanical,
electrical and structural defIciencies in the building. The report concluded with a
recommendation that a licensed structural engineer be retained to investigate the
structural integrity of the building in light of the fact that it had a major infestation of
termites and had endured years of unchecked termite and water damage.
Largely as a result of this report, the Board of the Community Redevelopment Agency
(CRA) voted in May of 2001 to recommend the demolition of the Old high School.
However, at its meeting of May 15, 2001 the City Commission voted to delay the
demolition to al10w a citizens group an opportunity to independently raise funds to
renovate the building.
This latest proposal for the renovation of the Old Boynton Beach High School comes
more than eight years after the report by the City's Building OffIcial. In that period there
have been a number of other proposals for saving the building, each one failing the test of
fInancial feasibility. In the meantime, although one effort was made to clean the building
of bird droppings, there has never been the type of structural analysis recommended by
the City's Building OffIcial. Moreover, in that eight year period the interior of the
building has continued to deteriorate from exposure to the elements. In fact, even now
the roof has a blue tarp on it.
Nevertheless, assuming that this latest proposal for renovating the Old Boynton High
School is somehow different from all of those that preceded it, the issues raised by the
3
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City's Building Official in his 2001 report are still valid. Correcting the identified
deficiencies would require, among other things, the building to be complexly rewired,
plumbing fixtures to be completely replaced, complete replacement of the roof, and the
removal of asbestos. In addition, the overall structural integrity of the building would
have to be confirmed and it would have to be brought up to code in terms of handicapped
accessibility. Whether all of this can be accomplished within the estimated eight to ten
million dollar budget is open to question.
At present the site of the Old Boynton High school is zoned for Public Use. This
category does not accommodate the type of commercial and mixed used envisioned in the
proposed renovation Plan. Accordingly, a rezoning of the site to Mixed Use Low-l
would be required.
The proposed uses in the renovation plan would also require adjustments in the amount of
parking required. For example, the 10,000 sq. ft. of RetaiVOffice would require 50
spaces; the 5,300 sq. ft. Great Room/Auditorium would require 53 spaces; and the 2,000
sq ft. for Community Arts and Culture would require 20 spaces, for a total of 123 on site
parking spaces. This would effectively consume all of the existing surface parking in the
entire block currently being used by the children's museum, city staff and city vehicles.
Other Staff Comments (City Manager)
What is the Difference Between a 501c 3 and a 501c4? Please see the attached summary
description from "Board Source." Based on the description, a 501c3 may be a more
appropriate organization.
How does the Federal Rehabilitation Tax Credit Work?
Please see the attached summary from the National Trust for Historic Preservation. This
source did not address what entities or organization may be eligible for the tax credit.
The source did note that in order to receive a 20% tax credit a building must be a
"certified historic structure." The Old High School does not have this designation. As
noted above if a 501c3 or 501c4 is created as the rehabilitation organization, the Federal
Rehabilitation Tax Credit will not be applicable.
How is the Harriet Himmel Theater Funded?
This building was cited by the program sponsors as a successful venture and possible role
model as opposed to the Delray Beach Old School Square or the Palm Beach County
Courthouse, both of which have heavy subsidy levels from the City or County.
Preliminary research show that the Harriet Himmel parcel, known as CityPlace 1 Church
TR 1 is owned by the West Palm Beach CRA as a taxable parcel. The current taxable
value is $5.3 Million and the property pays $140,172 in taxes. The PCN number is: 74-
43-43-21-13-003-030 and the address are: 530 Hibiscus St., West Palm Beach.
4
- 369 -
The breakdown in the area of the building is as follows (per the PAPA data sheet):
1. Support area
2. Community Retail
3. Community Retail 2
4. Auditorium/Theater 1
5. Auditorium/Theater 2
6. Support area 2
7. Support area 3
800 sq. ft.
11,684 sq. ft
2,778 sq. ft.
10,674 sq. ft
4,734 sq. ft.
1,588 sq. ft
882 sq. ft
Total Area:
33,140 sq. ft
The structure was built in 1925
Staff has an inquiry in via the City of West Palm Beach to tour the facility and to obtain
income and expense information on the building from the West Palm Beach CRA. We
are especially interested in the current retail rental rates being obtained for this structure
in a down market. We believe the $17/sq. rental income figure in the Boynton Beach Old
High School proposal may be too high.
Ability of the City to Fund $2.0 M Contribution
These funds are presently not available in the City's operating or capital plan. In order to
fund the program at the $500,000 per year over four years, as requested operational
program cuts will be necessary along with deferral of non-utility capital construction.
The City will have an obligation to pay the debt service or lease payments for the new
Police Facility without the G.O. Bond referendum proceeds. Verification oflocal
funding timing and requirements is also needed in conjunction with any New Market Tax
Credit proposal. In short, the MNTC program may require City or CRA funding more up
front than in the proposal.
Will the City Commission Consider other Proposals?
It was unclear from the motion approved on December 19th if the City Commission will
be considering proposals from other organizations interested in the Old High School.
City Program and Operational Space Needs
A final comment is on the proposal to move functions from the Civic Center into a
renovated Old High School. As a practical matter the only use that is transferrable is the
incidental use of the auditorium in the Civic Center. The remaining programs, meeting
and office space in the Civic Center can be transferred to other Recreation Facilities. The
Civic Center building is at the end of its service life and should be demolished. The CBD
plan contemplates this as did the 2005 Town Square Plan. In short, there are no
significant Civic Center space needs that require use ofthe Old High School. City Staff
5
- 370 -
has not done an analysis of other City functions that could be transferred into the Old
High School. Keep in mind, with the move of the Police Station to Renaissance
Commons, approximately 17,000 sq. feet of space becomes available in the City Hall
complex as well.
KB t 2-23-09
- 371 -
6
What is a 501c3 organization?
http://www.boardsource.org/Knowledge,asp?ID=3,l72
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What is a 501(c)(3) organization?
Public charities constitute the majority of 501 (c)(3) organizations,
with private fDundations also falling under this categDry. TD be
recognized as a public charity, your nonprofit must be organized
and Dperated fDr purposes that are beneficial tD the public interest.
These purposes include
. relief of the poor, distressed, or underprivileged
. advancem ent of religion
. advancement of education and science
. creation Dr maintenance of public buildings or monuments
. lessening the burden Df gDvernment
. elimination of prejudice and discrimination
. defense of human and civil rights
. combating community deterioratiDn and juvenile
delinquency
The organization must not operate for the benefit of a private
persDn. Upon disSDlutiDn, its assets must be distributed tD anDther
501 (c)(3) charity. It is not allowed to engage in any partisan
pDlitical activity. LDbbying is accepted but cannot be a substantial
part of its activities. Public charities are the only tax-exempt
organizations that can receive tax-deductible dDnatiDns.
To learn more about the qualifications for a 501 (c)(3) organization,
check the I RS Web site.
References
. Ober Kaler, The Nonprofit Legai Landscape (BoardSDurce
2005).
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What is a 501(c)(4) organization?
According tD the I nternal Revenue Service, tD be tax-exem pt as a
501 (c)(4) organization, a nonprofit must not be organized for profit
and must be Dperated exclusively fDr the prDmotiDn of sDcial
welfare. This means that the organization must operate primarily to
further, in some way, the common gODd and general welfare Df the
people of the com m unity (such as by bringing abDut civic
betterment and social improvements).
A 501 (c)(4) sDcial welfare organization may further its social
welfare purposes through lobbying as its prim ary activity without
jeDpardizing its exempt status. HDwever, it is nDt able tD receive
tax-deductible donations.
Examples of 501 (c)(4) organizations include AARP and the National
Association for the Advancement of Colored People.
For more informatiDn, see The Nonprofit Legal Landscape in our
bDokstore.
Learn more about 501 (c)(4) organizations at the IRS Web site.
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Federal Rehabilitation Tax Credit
NATIONAL
TRUST
FOR
HIIRl_
..--......
Federal Rehabilitation Tax Credit
The federal rehabilitation tax credit encourages the preservation
and reuse of the nation's built environment by offering federal tax
credits to the owners of historic properties. Since it was enacted in
1976, the tax credit has generated over $50 billion in renovation
and revitalization dollars. As a disincentive to demolition, it allows
the owner of a historic building to receive an income tax credit of
20% of the amount spent to rehabilitate a certified historic
structure. There is also a 10% credit for older, nOll-historic
buildings. With a five-to-one ratio of private investment to federal
tax credits, the program has developed more than 35,600 projects
nationwide. In 2008 alone the credit produced $5.64 billion in
private investment and created over 67,000 new jobs - about 55
new jobs per project.
Important Update
http:// www . preservationnation.org/i ss ues/rehabilitation- tax-credits/federal!
The Federal Rehabilitation Tax credit was instrumental in
transforming Knoxville's Tennessee Theatre into a state-
of-the-art performing arts facility. Learn more and see a
photo slideshow - including before and after shots - of this
amazi ng success story_
Credit: Ne/s Aker/unci
While the credit has rehabilitated over 217 million square feet of
commercial and residential space over the past ten years, it could do more. Over 1.3 million historic buildings are listed
in or contribute to historic districts in the National Register of Historic Places, with thousands of contributing resources
added each year. The National Park Service estimates that 20% of these buildings would qualify for the historic tax
credit.
On October 1, 2009, Senators Blanche Lincoln (D-AR) and Olympia Snowe (R-ME), along with Representatives Allyson
Schwartz (D-PA) and Pat Tiberi (R-OH), reintroduced the Community Restoration and Revitalization Act (H.R. 1043 and
S 584 in the last Congress), a bill that would make beneficial challJes to the federal rehabilitation tax credit and provide
a greater incentive for the reuse of older and historic buildings. It would also encourage building owners to achieve
substantial energy savings in building rehabilitations with graduated increases in the historic tax credit based on the level
of efficiercy achieved.
One of the key provisions of the reintroduced bill places greater emphasis on achievillJ energy savings in buildillJ
rehabilitations through greater use of energy-efficient materials, systems, and appliances. In addition, the measure as a
whole would increase the tax credit's value as an incentive, and reusing older and historic buildings is inherently
sustainable.
Background Information
To qualify for the 20% rehabilitation credits, a building must be a "certified historic structure." A certified historic
structures is one that is listed individually in the National Register of Historic Places or located in a registered historic
lof2
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12/23/20097:41 AM
Federal Rehabilitation Tax Credit
http:// www . preservationnation.org/i ss ues/rehabilitation- tax-credits/federal!
district am certified by the Secretary of the Interior as being of historical significance to the district.
In addition, the rehabilitation work must qualify as .certified rehabilitation," A certified rehabilitation is one that is
approved by the Secretary of the Interior as consistent with the historic character of the bLilding and, where applicable,
with the district in wtich the bLilding is located. All elements of the project must meet certain standards to ensure that
the historic character of the building is preserved in the process of the rehabilitation. Those standards, the Secretarv of
the Interior's Standards for Rehabilitation, were created to help preserve the distinct character of historic buildings and
their sites, while allowing for reasonable changes to meet new needs.
Nickname
Comment
Enter this \M:lrd:
~
I
-
1785 Massachusetts Ave. NW, Washington, DC 20036-2117 tel: 202.588.6000 800.944.6847 fax: 202.588.6038
@2009 NatiDnal Trust for Historic PreservatiDn. All rights reserved.
Protecting the Irreplaceable
lIiiiiiiiII
nonprofit software
20f2
12/23/20097:41 AM
- 375 -
Frequently Asked Questions About New Markets
http://www.impactseven.org/NMTC_FAQ.htm
.
.
.
.
Information for Investors
Information for Business Owners
About NMTC
Frequently Asked Questions
Frequently Asked Questions About New Markets
The New Markets Tax Credits (NMTC) program has created a buzz in the community economic
development field and in the investor arena throughout the country. Investors, financiers,
community leaders, and business owners are all interested in how the program works and how it
might benefit them.
This list of questions is Impact Seven's attempt to answer the questions we have received to date.
We will continue to add new FAQs as they arise. If you have any further questions, please do not
hesitate to contact Impact Seven Business Developer Angela Kazmierski at (715) 357-3334
W hat is the NMTC?
How does the NMTC Program work?
W hat is a CDE?
H ow do I fin d ou t w hat cen sus tra cts in my a rea qua lify ?
Who benefits from the New Markets Tax Credits?
Since Impact Seven is a Nonprofit Organization. w hat role w ill it play in the NMTC
program?
W hat kinds of develovm ent activity does Impact Seven in tend to pursue with funds
secured through NMTCinvestments?
Can the NMTC be used for housing?
W hat b usin esses qua lify as Active Low -in com e Com m unity Busin esses for th e
purposes ofNMTC?
Who can invest in a CDE?
W hat trig gers poten tial recapture ofth e credit?
What is the time limit for making NMTCinvestments?
Who will ensure compliance with NMTCregulations?
W hat is the NMTC?
Part of the Community Renewal Tax Relief Act of2000, the New Markets Tax Credit Program will
spur approximately $15 billion in investments into privately managed investment institutions. In
lof5
12/23/20099:31 AM
- 376 -
Frequently Asked Questions About New Markets
http://www.impactseven.org/NMTC_FAQ.htm
turn, these privately managed investment institutions, or Community Development Entities
(CDEs), will make loans and capital investments in businesses in under served areas. By making an
investment in a CDE, an individual or corporate investor can receive a tax credit worth 39 percent
(30 percent net present value) ofthe initial investment, distributed over 7 years, along with any
anticipated return on their investment in the CDE.
How doestheNMTCProgram work?
The NMTC Program permits taxpayers to claim a credit against Federal income taxes for Qualified
Equity Investments (QEIs) made to acquire stock or a capital interest in designated Community
Development Entities (CDEs). These designated CDEs must use substantially all (defined as 85
percent) of these proceeds to make Qualified Low-Income Community Investments (QLICls).
The investor, or a subsequent purchaser, is provided with a tax credit claimed over seven years.
The investor receives a tax credit equal to five percent of the total amount paid for the capital
interest or stock purchase over the first 3 years. For the final four years, the value of the tax credit
is six percent annually.
The Community Development Financial Institutions Fund (CDFI Fund) certifies CDEs on an
ongoing basis, and allocates NMTC Allocations annually to select CDEs through a competitive
application process. Impact Seven is a qualified CDE, and is currently awaiting decision on its
pending NMTC Allocation application, which will be facilitated through for-profit subsidiary CDEs
created by Impact Seven specifically for its NMTC program.
W hat is a CDE?
The CDFI Fund has the following requirements for qualification as a CDE. A CDE is any duly
organized entity treated as a domestic corporation or partnership for federal income tax purposes
that: (a) has a primary mission of serving, or providing investment capital for, low-income
communities or low-income persons; (b) maintains accountability to residents of low-income
communities through their representation on any governing board ofthe entity or any advisory
board to the entity; and (c) has been certified as a CDE by the CDFI Fund ofthe US Department of
Treasury. A community development financial institution serving low-income areas of Wisconsin
and the upper Midwest since 1970, Impact Seven has received CDE status from CDFI.
How dol fi n d 0 u t w hat c ens us t r act sin m y are a qua 1 ify ?
Investors or business owners interested in determining what census tracts qualify as Low-Income
Communities should use the Community Development Financial Institutions Fund online New
Markets Tax Credit Help Desk. A link is provided here.
Who benefitsfrom the New Markets Tax Credits?
Businesses, investors, and communities will benefit from the NMTC. The NMTC program was
designed to make investment capital available to businesses in qualifying low-income communities,
to create jobs and spur additional economic development. The Federal Government created the
39 percent in NMTC as an inducement to private investors to open the flow investment capital into
these communities. These tax credits, when considered along with the potential return on their
investment in the CDE, create a substantial financial benefit for the investors as well.
As 1m pact Seven is a Non -Profit Organ iza tion, how w ill it fit in to th eN ew Markets
20f5
12/23/20099:31 AM
- 377 -
Frequently Asked Questions About New Markets
http://www.impactseven.org/NMTC_FAQ.htm
Tax Credit Application?
Because NMTCs can only be offered to investors that purchase stock or capital in a CDE, only
for-profit CDEs may facilitate NMTC transactions. However, a non-profit entity may apply for a
NMTC allocation with the intention oftransferring the allocation to one or more for-profit
subsidiary CDEs, which is what Impact Seven has done. Impact Seven has already created one
for-profit subsidiary known as the Wisconsin Impact Fund, which will be a general CDE making
multiple NMTC transactions. Impact Seven anticipates, however, that it will creat a number of
single-purpose CDEs set up solely for specific projects.
W hat kinds of developm ent activity may Impact Seven pursue with funds secured
th rough NMTC in vestm ents?
Impact Seven may finance or provide assistance to a wide range of private business enterprises in
Qualifying Low-Income Communities with funds secured through NMTC investments. Examples
of qualifying activities include: loans, equity or capital in vestments; purchase of certain loans made
by other CDEs; financial counseling and related services to businesses.
The focus ofImpact Seven's NMTC program is the financing of manufacturing facility expansions
and start-ups and real estate development and redevelopment projects, while it will consider sound
projects of all types in a variety of economic sectors.
NMTC may be used to finance community development projects such as community facilities.
However, funds derived from NMTCs cannot be utilized in projects which are already subsidized
by other federal tax subsidies, with certain exceptions. In the case of mixed use developments,
subsidization may be split between uses, allowing NMTC financing for parts of the project.
Can the NMTC be used for housing?
As in the above question, the law requires that the NMTC be used to make loans or investments, or
to provide counseling for businesses, not to develop affordable housing. In certain circumstances,
NMTC may be used to finance mixed-use projects, where less than 80 % of the gross rental income
comes from dwelling units. In cases such as this, the Low-Income Housing Tax Credits and New
Markets Tax Credits may NOT be used to subsidize the same square foot.
NMTC funds MAYbe used to finance businesses that purchase, rehab and sell single family homes
by investing in businesses that are involved in affordable housing.
What busin esses qualify as Active Low -in com e Com m un ity Busin esses for purposes
of the New Markets Tax Credits?
Businesses eligible to receive NMTC financing are corporations, partnerships, sole-proprietorships
and non-profits that are active and located in a low-income community, as defined by the NMTC
regulations. In general, a Low-Income Community is defined as a Census tract with a poverty rate
of at least 20 %, or with median income of up to 80 % ofthe area or statewide median, whichever is
greater. For a non-metropolitan census tract, 80 % ofthe statewide median is acceptable.
Furthermore, a Qualified Active Low-Income Community Business must derive at least half its
gross income from business in the eligible area and must have a "substantial portion" (40%) of its
tangible property located in a low-income community. Finally, the business must perform a
substantial portion (40 %) of its services in any low-income community. Banks, Credit Unions and
30f5
12/23/20099:31 AM
- 378 -
Frequently Asked Questions About New Markets
http://www.impactseven.org/NMTC_FAQ.htm
other financial institutions are excluded from the definition of Qualified Active Low-Income
Community Business.
Who can invest in a CDE?
Anyone with a U.S. income tax obligation - including an individual, a company, or an investment
fund - can invest in a CDE to receive the NMTC. Investors of all types may be interested in NMTC,
including banks and thrifts, insurance companies, investment banks, venture capital and other
investment funds, insurance companies, individuals, corporations, and others. It is understood that
investors in a CDE will expect a return from the credit above and beyond the federal tax subsidy.
Therefore, Impact Seven will only make investments in strong Qualifying Active Low-Income
Community Businesses that meet its stringent underwriting standards.
W hat triggers poten tial recapture ofth e credit?
According to the IRS temporary regulations, there is a recapture event with respect to an equity
investment in a CDE if (i) the entity ceases to be a CDE; (ii) the proceeds of the investment cease to
be used in a manner that satisfies the substantially-all requirement outlined above; or (iii) the
investment is redeemed by the CDE. Bankruptcy of a CDE is not a recapture event. In this event,
the IRS will recapture all credits allowed to the taxpayer who purchased the equity investment
from the CDE at its original issue and to all subsequent holders of that investment. Those
taxpayers will also owe non-deductible interest on the amounts so recaptured.
A CDE may apply for a waiver or extension on recapture, and such a waiver or extension may be
granted in specific circumstances. If such a waiver or extension is granted, then the CDE may be
required to adjust its policies in order to rectify the situation in the future.
What is the time limitfor making NMTCinvestments?
CDEs successful in receiving an allocation ofNMTC will have a maximum of five years to place
credits with investors and secure cash for equity in the CDE.
The CDE must utilize the cash received in exchange for tax credits within 12 months of receipt. If
the cash is not invested in a qualified low-income community investment within 12 months of
receipt, the CDE is considered to be in default.
Who will ensure compliance with NMTCregulations?
Impact Seven has over 32 years of successful compliance with Federal government funding
programs. To augment its ability to assure that its NMTC is in full compliance, Impact Seven has
partnered with Virchow Krause & Company, an outstanding full-service CPA firm, which has
designed a customized compliance system for Impact Seven's NMTC program. Impact Seven's
partner law firm Foley & Lardner will assist with deal structuring and program compliance as well.
. Retli," to the NMTC Main Page
40f5
12/23/20099:31 AM
- 379 -
Frequently Asked Questions About New Markets
http://www.impactseven.org/NMTC_FAQ.htm
!fj:; E-mail Us..
50f5
12/23/20099:31 AM
- 380 -
CDFI Fund - U.S, Treasury - New Markets Tax Credit Program
WHO WE ARE
IMPACT WE MAKE
1,1 EWS & EVENTS
HOW TO APPLY
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myCDFI Fund log on
E-mail:
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-
New Markets Tax Cred it Prog ram
Announcem ents
. COFI Fund Releases Public Com m ents Subm illed For the New Markets
Tax Credit Proaram Allocation ADDlication
. Treasurv Awards $5 Billion to EncouraQe Private Sector I nvestm ents in
Local Communities
. Treasurv Secretary Geithner to Announce $5 Billion in New Markets Tax
Credit Awards Friday. October 30th
. ReQuest for Public Com ment: Certification of Material Events Form
. ReQuest for Public Com ment: New Markets Tax Credit Proaram
Allocation Application
. Testimony of CDFI Fund Director Donna J. Gambrell before the
Com m iltee on Wavs and Means and the Rnancial Services Com m illee on
a recent GAO Report regarding the New Markets Tax Credit Program
. Governm ent Accountability Office (GAO) Releases Report on NMTC
Program
. Leiter from CDFI Fund Director Gam brellto GAO (April 23, 2009)
. GAO Report on NMTC Proaram (April 30, 2009)
. 249 Applications Received ReauestinQ $22.5 Billion under 2009 New
Markets Tax Credit Proaram
. Treasury's New Markets Tax Credit Program Nam ed One of Top 50 in the
Innovations in American Government Awards Competition
. COR Fund Press Release
. Harvard Kennedy School Press Release
Overview
The New Markets Tax Credit (NMTC) Program permits taxpayers to receive a
credit against Federal income taxes for making qualified equity investments in
designated Com m unity Oevelopm ent Entities (COEs). Substantially all of the
qualified equity investment must in turn be used by the COE to provide
investments in low-income communities. The credit provided to the investor
totals 39 percent of the cost of the investment and is claimed over a
seven-year credit allowance period. I n each of the first three years, the
investor receives a credit equal to five percent of the total amount paid for the
stock or capital interest at the time of purchase. For the final four years, the
value of the credit is six percent annually. Investors may not redeem their
investments in COEs prior to the conclusion of the seven-year period.
Throughout the life of the NMTC Program, the Fund is authorized to allocate to
CDEs the authority to issue to their investors up to the aggregate amount of
12/23/20099:36 AM
-381-
CDFI Fund - U.S, Treasury - New Markets Tax Credit Program
http://www ,cdfifund,gov/whaC we_do/programs_id,asp?programID=5
$23 billion in equity as to which NMTCs can be claimed, including $1 billion of
special allocation authority to be used for the recovery and redevelopment of
the Gulf Opportunity Zone,
To date, the Fund has made 396 awards totaling $21 billion in allocation
authority.
Eligibility
An organization wishing to receive awards under the NMTC Program must be
certified as a CDE by the Fund.
To qualify as a CDE, an organization must:
. be a domestic corporation or partnership at the time of the certification
application;
. demonstrate a primary a mission of serving, or providing investment
capital for, low-income communities or low-income persons; and
. maintain accountability to residents of low-income com m unities through
representation on a governing board of or advisory board to the entity.
CDE Application and Resources
. CDE Certification - Aoolication
. CDE Certification - Frequently Asked Ouestions
. CDE Certification - Certification Guidance
. CDE Certification - Glossarv of Terms
An organization that is currently certified as a CDFI by the CDFI Fund or
designated as a Specialized Small Business Investment Company by the Small
Business Administration automatically qualifies as a CDE and may register to
becom e a CDE via the online registration link located below on this webpage.
For more detailed information, please refer to the CDE Certification page of this
website.
2009 Round Deadlines
. Release of NOAA and application materials: January 22, 2009
. CDE Certification Applications must be
postm arked on or before:
March 3, 2009
. Online Subm ission of Allocation Application: April 8, 2009
. Date by which prior-year allocatees
must issue the requisite percentage of QEI s:
June 17, 2009
Application Materials
. 2009 NMTC Proaram - Aoolication Workshoo Materials (.oot)
. 2009 NOAA (.odt)
. 2009 NOAA Amendment (.pdt)
. 2009 NMTC Proaram - Aoolication (.odt)
. 2009 NMTC Online Application Instructions (.pdt)
. 2009 NMTC Program - Application Q&A (.pdt)
. 2009 NMTC Proaram Application Webcast
Supplemental Resources
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9. G
CITY MANAGER'S REPORT
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
D ANNOUNCEM ENTS/PRESENT A TIONS ~ CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA D LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: Reject the nine (9) highest bids the City received in
response to the Invitation to Bidders.
PROPOSED RESOLUTION NO. R10-009 - Award a contract for Bid #005-2821-1 OIJA "Regional
Force Main Projecf' to Danella Utility Construction, Inc. of Pompano Beach, Florida with a Bid price of
$4,209,900, and to also approve an owner's contingency of 10% in the amount of $420,990 for a total
funding authorization of $4,630,890,
EXPLANATION OF REQUEST: The project's scope consists of the construction of 19,850 LF of 24-
inch wastewater force main from Ocean Avenue to the South Central Regional Wastewater
Treatment Plant and 2,406 LF of 16-inch wastewater force main with 823 LF of 18-inch high
density polyethylene pipe directional drill on SEISW 6TH Avenue for the future Pence Park Lift
Station project.
Included in the 24-inch force main pipe segments, there will be two aerial crossings over Lake
Worth Drainage District (LWDD) canals and two (2) wet taps to existing force mains including the
24-inch by 36-inch wet-tap at the South Central Regional Wastewater Treatment Plant.
This project also consists of testing the integrity of and cutting-in three (3) 36-inch and one (1) 20-
inch gate valves into the existing 36-inch and 20-inch ductile iron pipe force mains on Congress
Avenue and Ocean Drive at Congress Avenue. The purpose of the project is to improve the
wastewater collection system in the downtown area by providing and additional access point into
the Regional Wastewater Treatment Plant.
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How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Twelve (12) bids were received and
opened by Procurement Services on November 3, 2009. Copies of the bid proposals were
submitted to the Utilities Department and the Engineer Of Record, Wantman Group, Inc. (WGI)
for review and evaluation.
After having performed an initial adm inistrative evaluation of the 12 bids received, the Utilities
Department is recommending, in accordance with the Instruction to Bidders, Section 25
RIGHTS OF THE CITY, subsection 25.3 that the City Commission reject nine (9) of the bids
based on price. The nine (9) bids were received from the following bidders (listed in ascending
base bid value order):
Bidders
Bid Value
$4,350,000.00
$4,751,344.50
$4,764,155.00
$4,810,851.40
$5,105,900.00
$5,129,428.00
$5,797,290.00
$5,812,280.00
$6,646,230.00
Johnson-Davis
Felix Associates
Centerline Utilities
Ocean Bay Construction
Lanzo Construction
Man Con, Inc.
A&L Underground
Foster Marine
Gianetti Contracting
A documented Bid Evaluation - Due Diligence review, based on the Selection Criteria
identified in the Instruction to Bidders, Section 26 SELECTION CRITERIA, subsections 26.1.1
through 26.1.10 was initially performed by WGI on the three (3) remaining bidders as follows:
Bidders
Danella Utilities Construction, Inc.
GlobeTec Construction, LLC
Palm Beach Grading, Inc.
Bid Value
$4,209,900.00
$4,290,670.00
$4,338,460.00
The Engineer's Cost Opinion for this project is $5,787,940.68. The value of the bids received
for this project ranged from $4,209,900.00 to $6,646,230.00 and the average bid value is
$5,000,542.40. With a bid value of $4,209,900.00, the Danella bid is $1,578,040.68 below the
Engineer's Cost Opinion and $790,642.40 below the average bid value for this project. We are
still seeing bid pricing coming in below estimates. This is not expected to continue through
2010.
In addition to having reviewed and evaluated the bid packages of the three lowest bidders, the
City has received the WGI Bid Evaluation - Due Diligence review documentation and
recommendation of award.
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After a review of the bid packages from the three lowest bidders and an evaluation of the WGI
recommendation of award package, the Utilities Department concurs with the WGI
recommendation to award this contract to Danella Utility Construction, Inc. as the lowest, most
responsive, responsible bidder who meets all contract document requirements and whose bid
represents the most advantageous bid to the City, price and other factors considered.
FISCAL IMPACT: Funds are available as follows:
Account Number
406-5000-590-96-03
Project Number
SWR114
Allocation
100%
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 leave
the sanitary system collections and pumping to remain unchanged and therefore limit the
current and future development in the Central Business District, CRA and Waterfront sections
of the City.
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RESOLUTION NO. RIO-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, REJECTING THE NINE HIGHEST
BIDS; AWARDING A CONTRACT FOR BID #005-2821-10/JA TO
DANELLA UTILITY CONSTRUCTION, INC., OF POMPANO BEACH
FOR REGIONAL FORCE MAIN PROJECT FOR A BID PRICE OF
$4,209,900.00 PLUS OWNER'S CONTINGENCY OF 10% IN THE
AMOUNT OF $420,990.00 FOR A TOTAL FUNDING AUTHORIZATION
OF $4,630,890.00; AUTHORIZING THE CITY MANAGER TO EXECUTE
CONTRACT DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 3, 2009, twelve (12) bids were received by the City in response
to Bid #005-2821-10/JA which were reviewed and evaluated by the Utilities Department and the
Engineer of Record, Wantman Group, Inc.; and
WHEREAS, after performing an initial administrative evaluation of the twelve bids
received, the Utilities Department is recommending that the City Commission reject nine (9) of the
bids based on price; and
WHEREAS, City staff concurs with the recommendations of Wantman Group, Inc., to
award the bid to Danella Utility Construction, Inc., as the overall lowest, most responsive, and
responsible bidder who met all specifications and whose bid is in the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby rejects
nine (9) of the bids received in response to the City's Invitation to Bid for #005-2821-10/JA.
Section 3.
The City Commission of the City of Boynton Beach, Florida, hereby approves
the award of a Contract for Bid #005-2821-10/JA to Danella Utility Construction, Inc., for the
Regional Force Main Proj ect.
Section 4.
The City Manager is authorized to execute a contract in the amount of
$4,209,900.00 plus a 10% contingency of $420,990.00 for a total appropriation of $4,630,890.00, a
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copy of which is attached hereto as Exhibit "A".
Section 5.
That this Resolution shall become effective immediately.
PASSED AND ADOPTED this
day of January, 2010.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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BID TITLE: REGIONAL FORCE MAIN
BID NUMBER: 005-2821-10/JA
PROJECT NUMBER: SWR 114
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 5th day of January, 2009, by and between the
CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the
"CITY" or "OWNER" and DANELLA UTILITY CONSTRUCTION INe.
a Florida Corporation Cx.-:l
a Florida General Partnership ~
a Florida Limited Partnership ~
a Sole Proprietor <-)
Check One
hereinafter called "CONTRACTOR".
WITNESSETH
WHEREAS, The City has heretofore invited bids for a City construction project ("Project")
identified by the bid title, bid number and project number listed above and commonly referred to as:
REGIONAL FORCE MAIN
WHEREAS, Contractor, in compliance with the bidding requirements annoWlced by the
City, submitted a bid on the 3rd day of November. 2009, for the total bid amount of
$4.209.900.00; and,
WHEREAS, On the 5th day of Januan'. 2010, the City Commission designated contractor
as having submitted the bid that was most advantageous to the City and authorized the execution of
this Agreement; and,
WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial
Completion without interruption within 540 calendar days as specified in the Notice to Proceed,
subject to CITY approved time extensions.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
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1. AGREEMENT
1.1. The Parties agree that:
1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated
herein by this reference.
1.1.2. The CITY does hire and employ the CONTRACTOR to provide
construction services for completion of the Project.
1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish
the necessary labor, tools, equipment, materials and supplies, etc., and to
complete the Project by performing all the work as set forth in the this
Contract and the Contract Documents for the price and amounts set forth
in Contractor's bid.
1.104. Contractor is an independent contractor as that term is set forth in the
General Conditions for Construction GC-2, INDEPENDENT
CONTRACTOR.
1.1.5. Unless otherwise provided, all time frames referenced in all Contract
Documents shall be calendar days.
2. SCOPE OF SERVICES
2.1. The Project consists of those improvements described and set forth in the Contract
Documents.
2.2. The "Contract Documents" are the compilation of the following individual
documents which are hereby not listed in any order of precedence.
2.2.1. Advertisement for Bids
2.2.2. Instructions for Bidders
2.2.3. Bid Proposal
2.2.4. Bid Bond
2.2.5. General Conditions for Construction (GC) - all references to "GC" shall
be to section numbers
2.2.6 Special Conditions for City Furnished Materials
2.2.7 Terms and Conditions for City Furnished Materials
2.2.8 Construction Contract
2.2.9 Certificate of Insurance
2.2.10 Public Construction Bond
2.2.11 Technical Specifications
2.2.12 Contract Drawings and Plans
2.2.13 Addenda
2.2.14 Written directives or interpretations
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2.2.15 Manufacturers warranties
3. OBLIGATIONS OF CONTRACTOR
3.1. Contractor shall:
3.1.1. Furnish all materials, supplies, machines, equipment, tools,
superintendents, labor, insurance, and other accessories and services
necessary to complete said project in accordance with the conditions and
prices as stated in the Contract Documents.
3.1.2. Perform all the work and labor pursuant to this contract and all of the
materials furnished shall be in strict conformity with the Contract
Documents. CONTRACTOR further accepts and consents to the
conditions contained in said Contract Documents and expressly agrees to
comply with every requirement and stipulation therein contained,
3.1.2.1. Comply \\ith provisions in Special Conditions and Terms and
Conditions for City Furnished Materials.
3,1.3. Furnish all tools, equipment, materials and supplies and to do all the work
above mentioned in a first-class, substantial and workmanlike manner, and
in conformity with the detail for said work on file in the office of the
Project Manager and strictly in accordance with the Contract Documents.
3.1.4, CONTRACTOR shall furnish each subcontractor or material supplier with
a copy of his Public Construction Bond within five (5) days of
subcontractors' work or material supplying and shall maintain records to
establish that notice. A copy of said notice shall be provided to the City's
Project Manager at time of issuance.
3,1.5. Guarantee all work and materials for a period of one (1) year, as set forth in
the General Conditions for Construction GC-24, WARRANTY. Warranty
period shall commence with date of final acceptance as set forth in the
Technical Specifications for Construction 01700, EXECUTION
REQUIREMENTS.
3.1.6. Comply with the provisions of Section 255.05, Florida Statutes, if
applicable.
3.1.7. Pay promptly, before final settlement, any and all claims or liens by
subcontractors or material suppliers, incurred in and about this work.
3.1.8. Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipment from streets, alleys, parkways and adjacent
property that may have been used or worked on by the CONTRACTOR in
connection with the project promptly as such section or portion is
completed and ready for use, leaving the same in a neat and presentable
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condition.
3.1.9. Observe and comply with the provisions of the charter, ordinances, codes
and regulations of the City of Boynton Beach, Florida.
3.1.1 O. Obtain written approval from the CITY of all subcontractors not disclosed
in the Contractor's bid document.
3.1.11. Perform such other tasks as set forth in the Contract Documents.
3.1.12. Shall provide all required bonds, insurance certificates and any other
required security for performance of the Project within ten (10) of the
Award of the Project.
3.2. The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from any
cause resulting from their acts or omissions, or the acts or omissions of their
subcontractors or suppliers.
4. CITY'S OBLIGA nONS
4.1. City shall provide a written Notice to Proceed at the time of the scheduled Prc-
Construction Meeting.
4.2. Make timely payments for the work in accordance with the procedures and time
frames set forth in the Contract Documents.
4.3. On satisfactory completion of the Project, provide a written final acceptance and
payment for the entire project.
5. COMMENCEMENT OF WORK
5.1. CONTRACTOR hereby agrees to commence work under this contract within (10)
calendar days of the Commencement Date specified in the written "Notice to
Proceed," and to achieve Substantial Completion without interruption within 540
calendar days thereafter.
5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to
timely commence the work following Notice to Proceed or fail in the performance
of the work specified and required to be performed within the time limit set forth
in the contract, after due allowance for any extension or extensions of time made
in accordance with the Contract Documents, the CONTRACTOR shall be liable
to the CITY, as liquidated damages, the amount stipulated in Section 6.0
hereinbelow for each and every calendar day that the CONTRACTOR shall be in
default of achieving certification of Substantial Completion.
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5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the
names and addresses of each subcontractor proposed for principal parts of work,
and any changes in subcontractors from those proposed in CONTRACTOR's bid
proposal, and for such others as the Project Engineer may direct, and shall not
employ any that CITY may, within a reasonable time, object to as incompetent or
as unfit.
6. LIQUIDATED DAMAGES
6.1. The CONTRACTOR further agrees to pay $2.000.00 per day as liquidated
damages, for failure to begin within ten (10) days of CITY's issuance of the
"Notice to Proceed" or failure to achieve Substantial Completion within 540
calendar days from the Commencement Date as indicated in the written "Notice
to Proceed". The CITY shall have the right to deduct said liquidated damages
from any amount due, or that may become due the CONTRACTOR, or to collect
such liquidated damages from the CONTRACTOR or his Surety.
6.2. Punch list items recorded as a result of inspections for Substantial Completion are
to be corrected by the CONTRACTOR within thirty (30) calendar days and prior
to any request for Final Inspection, Testing and Acceptance as stated in the
General Conditions for Construction (GC-50), If the Substantial Completion
punch list items have not been corrected by the CONTRACTOR within the thirty
(30) calendar day period, at the discretion of the Project Manager, Liquidated
Damages may be applied as described in Section 6 above.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the CITY
as more particularly set forth in the Technical Specifications for Construction,
01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE
PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR
WATER TREATMENT PLANT PROJECTS.
8. INDEMNIFICATION
8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, servants, and employees from and against any claim, demand, or cause of
action of whatsoever kind or nature arising out of error, omission or negligent act
of CONTRACTOR, its agents, servants, or employees in the performance of
services under this Agreement.
8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and paralegal expenses at
both the trial and appellate levels) of whatsoever kind or nature for damages to
persons or property caused in whole or in part by any act, omission, or default of
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the CITY, its agents, servants or employees arising from this contract or its
performance. The CONTRACTOR and the CITY hereby agree and covenant that
the CONTRACTOR has incorporated in this original bid, which constitutes the
Contract sum payable by the CITY to the CONTRACTOR, specific additional
consideration in the amount of ten dollars ($10.00) sufficient to support this
obligation of indemnification provided for in this paragraph, The indemnification
required pursuant to the Contract shall in no event be less than $1 million per
occurrence or no more than the limits of insurance required of the
CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable and said
provision shall be in compliance with Section 725.06, Florida Statute.
8.3. The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as well
as the insurance provisions which are set forth in the General Conditions for
Construction. However, the indemnification provision, and the insurance
provision contained in the General Conditions for Construction are not
interdependent of each other, but rather each one is separate and distinct from the
other.
8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to
any offset, limitation or defense as a result of any insurance proceeds available to
either the CITY or the CONTRACTOR.
9. PAYMENT BY CITY
9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions as provided in the Contract
Documents.
10. CHANGES IN THE WORK
10.1 The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the work, the Contract sum
being adjusted accordingly. At the City's discretion, the City may make direct
purchases of any materials and equipment purchased for, or to be incorporated
into the Project, as detennined by the City.
CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND
UNDERSTANDS TIlE ABOVE PROVISION,
INITIALS
All such work shall be executed under the conditions of the original Contract.
Any claim for extension of time caused thereby shall be made in writing at the
time such change is ordered. Changes in the work must be processed as set forth
in the General Conditions for Construction GC-46, FIELD CHANGE
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DIRECTIVES/CHANGE ORDERS. No Field Change Directive or Change Order
shall be authorized by the Project Manager if the Contractor has added language
to the Field Change Directive or Change Order or to any cover letter, e-mail,
facsimile, or other written document which accompanies the Field Change
Directive or Change Order in which the contractor attempts to reserve any future
right or claim arising out of the work which is the subject of the Field Change
Directive or Change Order. If the Contractor adds such language, the Project
Manager shall secure specific written authorization from the City Manager's
office before executing the Field Change Directive or Change Order.
10.2 Change orders and adjustments shall be in writing and approved by the Project
Manager, otherwise, no claim for extras will be allowed.
10.3 Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be
submitted for the current contract payment for the month in which the work was
done. No claim for extra work shall be allowed unless same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
11. PROJECT ENGINEER
The Project Engineer ("Engineer") is: David Brobst. P.E.. Wantman Group. Inc.. 2035
Vista Parkwav. Suite 100. West Palm Beach. FL 33411. 561-472-8123
11.1. The Project Engineer shall have general supervision and direction of the work.
The Project Engineer is the agent of the CITY only to the extent provided in the
Contract Documents and when in special instances he has the authority by CITY
to act, and in such instances he shall, upon request, show CONTRACTOR such
authority in writing. He has authority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the Contract.
11.2. As the Project Engineer is, in the first instance, the interpreter of the conditions of
the contract and the judge of its perfonnance, he shall side neither with CITY nor
with CONTRACTOR, but shall use his authority pursuant to the Contract to
enforce its faithful performance by both parties.
11.3. In the event of a dispute, the role of the Project Engineer is to make
recommendations to the Project Manager who shall make the final decision,
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12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction GC-27, INSURANCE.
13. CONTRACT CONTROLS
13.1. This Contract must be construed with all other Contract Documents, a master set
of which shall be maintained by the City Clerk of the CITY. In the event of a
dispute, only the master set of documents, or copies thereof certified by the City
Clerk, shall be used as evidence.
13.2. In the event of a conflict between the requirements or specifications set forth in
the Contract Documents, the conflict shall be resolved by written interpretation by
the Project Manager. In reconciling conflicting provisions of the Contract
Documents, the Contract shall have the greatest weight, followed by the General
Conditions for Construction, technical specifications, and finally by the balance
of the Contract Document.
14. TIME OF ESSENCE
14.1. Inasmuch as the provisions of the Contract Documents relating to the times of
performance and completion of the work are for the purpose of enabling the CITY
to complete the construction of a public improvement in accordance with a
predetermined program, all such time limits are of the essence of the Contract.
15. REMEDY FOR DELAY
15.1. In the event of any delay in the project caused by any act or omission of the
CITY, its agents or employees, by the act or omission of any other party other
than the CONTRACTOR, his agents, employees or subcontractors, or delay
caused by weather conditions or unavailability of materials, the sole remedy
available to CONTRACTOR shall be by extension of the time allocated to
complete the project.
15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
lHIS LIMITATION.
CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND
UNDERST ANDS THE ABOVE PROVISION.
INITIALS
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15.3. Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.4. All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction GC-23, EXTENSION
OF TIMEINO DAMAGES FOR DELAY.
15.5. For the purpose of this section, the phrase "the CITY, its agents and employees"
shall include but shall not be limited to the Project Engineer and Project Manager.
16. DISPUTES
16.1. Disputes shall be resolved as set forth in the General Conditions for Construction
GC-18, DISPUTES.
16.2 Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
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IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City
Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
City Manager
Attest:
Approved as to Form:
City Clerk
City Attorney
Signed, sealed and witnessed
in the presence of:
DANELLA UTILITY CONSTRUCTION, INC.
President or Vice President
Attest as to CONTRACTOR
State of Florida
)
) ss:
County of Palm Beach
)
On this _ day of .20_, personally appeared before me, duly authorized
to administer oaths, known to be the
persons described herein or who has produced as
identification and who executed the foregoing instrument and has acknowledged before me that
they have executed same.
Notary Public
My Commission Expires:
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lIi ~~~~~:.~I~:S~~~~!~~;ng
November 30, 2009
Mr. Paul Fleming, PMP
City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, FL 33435
~ lr" {~" ,,, '~\J'r D
-~, , · i'-' .
.,,<t:.~u.lr-;:i ~
DEe 1 2UD9
-', ". ...,.. ','I'" i'll 1]"1'11 \'"I't:('
bCNr'miN 0t:f\\"',~1 \ !I. Ii_J
RE: Recommendation of Award
Regional Force Main
WGI No. 40710667.01
Dear Mr. Fleming:
I evaluated the bid packages and several references for the three lowest bidders:
Danella Utility Construction, Inc., GlobeTec Construction, LtC and Palm Beach
Grading, Inc. Enclosed are the Bid Evaluation - Due Diligence forms completed for
each of these bidders. Based on my evaluation, I recommend the project be awarded to
Danella Utility Construction, Inc. Please call me if you have any questions or require
additional information.
Sincerely,
WANTMAN GROUP, INC.
J!2M/)'~j-
David K. Brobst, PE
Senior Vice President
Enc.
Cc. 40710667.01/C.1
N: \ M7 Boynton Be.ch l' orceMain \ C CORRESPONDENCE \ CJ - Ci ty of Boynton Beach \ 45 RFM Recommendalion letter.doc
2035 Vista Parkway -> Suite 100 (0 West Palm Baach, Ronda 33411
561.687.2220.) Fax: 561.687.1110 (0 www.wantmangroup.com (0 wgi@wantmangroup.com
- 400 -
.~
Utilities Department
Engineering Division
Bid Evaluation - Due Diligence
Project Name:
Regional Force Main
Project Manager: Paul Fleming, PMP I Consultant: I Wantman Group, Inc.
Contractor: Danella Utility Construction, Inc.
. .... .....'. "'.;'(;~seeorIQN;l:':;SELECTI0N:'eR.ITERIA'.r\./"'!':", Ci
As required in the Instruction To Bidders, Section 26 SELECTION CRITERIA, bids are to be
evaluated based on the followina criteria (use continuation sheet if necessary):
. No;: .,' :.$il.'c~i.i)n.Iq'F.imrl~Wfll6~i:g;c'a'mmiir.:ti!;:)::{:1!0~;\~~~~'~'iis}:""'; . ';;':"!"'i' "'i,l"'.;<:ii:';:;;lt,~~ili~)~~i:I'rL:i
26.1.1 Experience of the firm with similar projects.
Danella has experience with large scale water and sewer infrastructure projects; most of
which include small to mid-size diameter pipe and a smaller portion of large diameter
pipe. Projects include:
$9.3M for City of Orlando including 54" WM along SR 50 (reference did not return calls)
$12.1 M for City of Ft Lauderdale including 12" & 15" gravity sewer
$8.1 M for Citrus County including 8 lift stations and deep sewer in tidal areas
$6.4M for City of Ft Lauderdale including 24" DIP WM
$1.1 M for Seacoast Utilitv Authoritv includina 24" directional drill with restoration
26.1.2 Background and experience of the principal members of the personnel, Including officers.
Principal personnel have a substantial amount of experience with the majority of it in the
past in communication infrastructure and water/sewer treatment plants and more recently
in water/sewer transmission/collection infrastructure.
Operations Manager - 20 years experience (18 years primarily in water and wastewater
treatment plants); 2 years at Danella as Op. Mgr.;
Project Manager - 32 years experience (24 years in communication; 8 years in
waterlwastewater); 8 years at Danella as PM primarily in waterlwastewater
Project Engineer-20 years experience (13 years in communication; 7 years in
water/wastewater); 7 vears at Danella as PM
26.1.3 Bonding capacity. Compare current project values against stated bonding capacity.
$70M capacity, $50M available, $900k current project values for Danella Utility
Construction, Inc. Capacity is sufficient. The total capacity of $70M covers the entire
Danella Companies.
26.1.4 Evidence of possession of required licenses or business permits.
Certified Business Organization from FDBPR
John Bass, Certified General Contractor
Incorporated January 31. 2008
26.1.5 Experience in performance.
Danella stated they have no default contracts. References confirm Danella performed in
challenging situations, is a good company. has been around a while (years) and are
satisfactory overall. Some references describe some disagreements and tough times, as
with anv proiect, but would still award contracts for oublic bids.
26.1.6 Contracts on hand.
4 projects totaling $900k all expected to be complete by November 2009. The Regional
Force Main project workload aooears to be within the caDacitv of Danella.
26.1.7 Largest completed projects.
0212009
Page 1 of 9
- 401 -
.r; .....
, · \l!...((... .... ...... ..... I
...... 't .
Utilities Department
Engineering Division
Bid Evaluation - Due Dili ence
The largest completed projects are similar in scope and magnitude but emphasis was not
made on large diameter pipe. The most representative project is the 24" DIP WM for Ft.
Lauderdale on Davie Blvd, a large diameter pipe construction project through a heavily
con ested area. Also see 26.1.1
26.1.8 Review of references (use page 2 of this form.
26.1.9 Consideration of past lawsuits or arbitrations to which the firm has been a party.
None
26.1 .10 Price.
$4,209,900.00
02/2009 Page 2 of 9
- 402 -
, ('.~...(.(...""".'."'..'"
\. r:.-. "
, .
Y-.... !
Utllities Department
Engineering Division
Bid Evaluation - Due Diligence
.')"jiSEC'FION'2';,;..REFERENCE.:VERII;ICATION ". ':,-:;;" " , "..,".,'
..-._'t::....~::)y-:,><-;"':-'
Company Name: City of Orlando
Project Name and Conserve 1 Flow Diversion Force Main
brief Descriotion:
Contact Person I Title: Steve Frey (title not provided in bid) Telephone No.: 407-246-3755
Project Value $9,335,651.13 $9,333,781.50 Completion Date : March 2008
(Start I Finish):
. . 'N")'/,' ~ ....'.,.:......./..
1 Have they performed the work satisfactory as it pertains to meeting YesD NoD
budget?
2 Have they performed the work satisfactory as it pertains to meeting YesD NoD
deadlines and milestones?
3 Have they performed the work satisfactory as it pertains to availability of Yes D No D
staff and principals?
4 Have they performed the work satisfactory as it pertains to responsiveness Yes D No D
to Client demands and suaaestions?
5 Have they performed the work satisfactory as it pertains to quality of work? Yes D NoD
6 Were there any Field Change Directives I Change Orders on this project? Yes D No D
Ifves, exolain the circumstances in the Comments I Remarks section.
7 Were there any "disputed" claims from this contractor for this project? If YesD NoD
ves, explain the circumstances in the Comments I Remarks section,
8 How has the closeout process been with this contractor?
9 Have there been any "warranty" claims? If so how has the contractor's YesD NoD
response been?
10 What is your overall satisfaction with this contractor?
I.' " ,"/:>,,/,;"/<','/"'\.\;
Item No, Comments I Remarks
from above (use continuation sheet if necessarv)
Mr. Frey did not return my phone calls
Bid Evaluation Performed By I Date: Jimmy Richie, PE November 6, 2009
Company I Organization: Wantman Group, Inc.
0212009
Page 3 of 9
- 403 -
..
/ 1.....((. ~..('( '.
. \'-
Utilities Department
EngIneering Division
Bid Evaluation - Due Diligence
.....,. _..- .. . .'/SECtION:2i;l;,1REFERENCEVERIFICA1IiION: ,,-,-';;:..,,".-:.',-,-.;,';.-; '..'"-'..l.... i' ".
';;"'_".',,',-;0:.-,'-:"-"".,-,-.
Company Name: Seacoast Utility Authority
Project Name and 12" Watermain ICW Crossing - directional drill with surface restoration
brief Description:
Contact Person I Title: Jim Lance, Telephone No.: 561-627-2900
Construction/Development Manager
Project Value $1,071,608.00 I $1,070,585.00 Completion Date: 2007
(Start I Finish):
;. .'. ".:i..':,,", ." , ,,'"
1 Have they performed the work satisfactory as it pertains to meeting Yes [8J No D
budget?
2 Have they performed the work satisfactory as it pertains to meeting Yes [8J No D
deadlines and milestones?
3 Have they performed the work satisfactory as it pertains to availability of Yes [8J No 0
staff and principals?
4 Have they performed the work satisfactory as it pertains to responsiveness Yes [8J No D
to Client demands and succestions?
5 Have they performed the work satisfactory as it pertains to quality of work? Yes [8J No 0
6 Were there any Field Change Directives I Change Orders on this project? Yes [8J No D
If ves, exelain the circumstances in the Comments I Remarks section.
7 Were there any "disputed" claims from this contractor for this project? If Yes 0 No [8J
ves, exelain the circumstances in the Comments I Remarks section.
8 How has the closeout process been with this contractor? satisfactory
9 Have there been any "warranty" claims? If so how has the contractor's Yes D No f2J
response been?
10 What is your overall satisfaction with this contractor? satisfied
.':"'1<..... ':c", .......':.' '.". ..-'''f.,;;: "'>:.' , ,'. ':-'".',:
Item No. Comments I Remarks
from above (use continuation sheet if necessarv)
6 No change orders-quantities adjusted at close of project
SUA would award another contract.
3 Recognized Tom Bass; knows Fredie Brady and Terrell Bridges; could not recall
Curt Landry. Mr. Lance did not elaborate in describina personnel.
Engineer of Record: Boyle (AECOM)
This project included a substantial amount of surface restoration that exceeded the
directional drill in cost.
StarVFinish When asked, Mr. Lance stated this was not information he could recall or had at
Values hand during the conversation. It may be reasonable to assume that the starVfinish
values were not sianificantlv different.
Bid Evaluation Performed By I Date: James Richie, PE November 6, 2009
Company I Organization: Wantman Group, Inc.
02/2009
Page 4 of 9
- 404 -
..'.'.'.., ,
/.~(:
."\!. .......\'. .
t "
Utilities Department
Engineering Division
Bid Evaluation - Due Diligence
. . ........:: "2 ;';J;;iSECl'IONr2""REf'E~ENCE1VERIEICATION !.-'::. .. '.' /.
Company Name: Citrus County Engineering
Project Name and Chassahowitzka Sewer Project Phase 1 - rehab project with gravity
brief Description: sewer, water main, force main and 8 lift stations
Contact Person I Title: Steve Dixon, Field Operations Telephone No.: 352-527 -5446
Supervisor
Project Value $8,119,918 $8,052,789 Completion Date : End of 2008
(Start I Finish);
...... .'..... ...'.'. , .:,--....\;: ,L. .. i
1 Have they performed the work satisfactory as it pertains to meeting Yes 0 No D
budget?
2 Have they performed the work satisfactory as it pertains to meeting Yes 0 No D
deadlines and milestones?
3 Have they performed the work satisfactory as it pertains to availability of Yes 0 NoD
staff and principals?
4 Have they performed the work satisfactory as it pertains to responsiveness Yes IZl No D
to Client demands and suaaestions?
5 Have they performed the work satisfactory as it pertains to quality of work? Yes IZl No D
6 Were there any Field Change Directives I Change Orders on this project? Yes IZl No D
If ves, explain the circumstances in the Comments I Remarks section.
7 Were there any "disputed" claims from this contractor for this project? If Yes D No I2l
yes, explain the circumstances In the Comments I Remarks section.
8 How has the closeout process been with this contractor? satisfactory
9 Have there been any "warranty" claims? If so how has the contractor's Yes D No IZJ
response been?
10 What is your overall satisfaction with this contractor? "thumbs up"
I':...... '.".. ..... ,-- ....c'..,-.....:..'..:-...,--.. --', ;.'.
Item No. Comments I Remarks
from above (use continuation sheet if necessary)
6 Reduction in scope and material
This neighborhood rehabilitation project included very deep gravity sewer in tidal
area, water mains and 8 lift stations_
3 Recognized Tom Bass; Mr. Dixon's employees recall Fredie Brady; no recollection of
Curt Landrv; Mr. Dixon recalls Terrell Bridoes and commented "aood"
5 Lift station and paving subcontractors provided good work
10 Mr. Dixon stated "thumbs up" and he would hire Danella again.
Engineer of Record: C&D Engineering
Start/Finish When asked, Mr. Dixon stated this was not information he could recall or had at
Values hand during the conversation. It may be reasonable to assume that the start/finish
values were not significantly different.
Bid Evaluation Performed By I Date: I James Richie, PE November 9, 2009
02/2009
Page 5 of 9
- 405 -
Utilities Department
Engineering Division
Bid Evaluation ~ Due Dili ence
Wantman Group, Inc.
1,\" '..' .....}.. ," >SECTION;2;.;;:REF;e:RENCEVERIFIC~i1110N~\i~'@j;~4i~;:~!fi:(;:;::>Y:;'.. ,...
Company Name: City of Ft. Lauderdale
Project Name and Davie Blvd. 24" Watermain - transmission main through roadway
brief Description: Sewer Area 4 Basins A, D & F - sewer rehabilitation in neiahborhoods
Contact Person / Title: Paul Bohlander, City Program Mgr Telephone No.: 954-522-2604
Project Value $6,459,038 & $6,657,114 & Crt' D t 2007
(Start/Finish): $10596979 lt1?MlQ~M ompelon ae:
I" ................" .'....,..~~
Have they performed the work satisfactory as it pertains to meeting Yes [gJ No 0
budget?
2 Have they performed the work satisfactory as it pertains to meeting Yes [gJ No 0
deadlines and milestones?
3 Have they performed the work satisfactory as it pertains to availability of Yes lSJ No 0
staff and principals?
4 Have they performed the work satisfactory as it pertains to responsiveness
to Client demands and suaoestions?
5 Have they performed the work satisfactory as it pertains to quality of work?
6 Were there any Field Change Directives I Change Orders on this project?
If yes, explain the circumstances in the Comments / Remarks section.
7 Were there any "disputed" claims from this contractor for this project? If Yes 0 No [gJ
ves explain the circumstances in the Comments I Remarks section.
8 How has the closeout process been with this contractor?
9 Have there been any "warranty" claims? If so how has the contractor's Yes 0 No [gJ
reSDonse been?
10 What is your overall satisfaction with this contractor?
I..' . " :."
Item No.
from above
...)....
Yes [gJ No 0
Yes [gJ No 0
Yes [gJ No 0
satisfactory
satisfied
3
Comments I Remarks
(use continuation sheet if necessary)
Generally satisfied. Mr. Bohlander did not emphasize or possibly recall any
deadlines or schedule impacts.
Tom Bass - closed projects; responsive; addressed issues as they happened
Fredie Brady - good job as superintendent; some disagreements with City Manager
Curt Landrv, Terrell Bridaes - no recollection
Some work awarded was very challenging and Danella responded well to changes.
There was a potential warranty issue with a 54" pressure pipe having silt and some
joint separation but since other contractors had contact with this pipe no individual
fault was found.
Closeout process "relatively" satisfactory.
1.2
4
9
8
02/2009
Page 6 of 9
- 406 -
Bid Evaluation - Due Dili ence
City's relationship with Danella went well and plenty of work was awarded in the
beginning but in the end their relationship "went south". He explained there were
bound to be some issues/disagreements during at total of $35 million in contracts
throughout the years. None went to litigation. Mr. Bohlander did not elaborate on
this issue. Refer to the CH2MHilI Reference Verification.
Start/Finish When asked, Mr. Bohlander stated this was not information he could recall or had at
Values hand during the conversation. It may be reasonable to assume that the start/finish
values were not 5i nificantl different.
Mr. Bohlander's comments were mostly general towards Danella as a whole and not
related to a s ecific ro.ecl.
Mr. Bohlander stated he could not disqualify Danella as the low bidder and therefore
would hire them a ain.
Bid Evaluation Performed By / Date:
-
, {iu...G7Y.7.".":
<1 '
6
10
James Richie, PE November 9, 2009
Company I Organization: .
02/2009
Wantman Group, Inc.
Page 7 of9
- 407 -
Utilities Department
Engineering Division
.'-
i /{"'(~~('
\...~ .
Utilities Department
EngIneering Division
Bid Evaluation - Due Diligence
1""\ .' . ..... . ".'SECTIQN2- REEERENC.ErYERIFICATIOt.J;'. ""',:,.. ~';.j ..
'. ",n, .C:'_"'j';
Company Name: CH2MHiII
Project Name and David Blvd 24" Watermain
brief Descriotion:
Contact Person I Title: Walt Schwarz, PE, PM Telephone No.: 954-480-7365
Project Value $6,459,038 I $6,459,038 Completion Date: 2007
(Start I Finish):
...... ." ". ." '.' .,/
1 Have they performed the work satisfactory as it pertains to meeting Yes IZI No D
budoet?
2 Have they performed the work satisfactory as it pertains to meeting Yes IZI No D
deadlines and milestones?
3 Have they performed the work satisfactory as it pertains to availability of Yes IZI No D
staff and orincioals?
4 Have they performed the work satisfactory as it pertains to responsiveness Yes IZI No D
to Client demands and suaaestions?
5 Have they performed the work satisfactory as it pertains to quality of work? Yes IZI No D
6 Were there any Field Change Directives I Change Orders on this project? Yes IZI No D
Ifves, explain the circumstances in the Comments I Remarks section.
7 Were there any "disputed" claims from this contractor for this project? If Yes 0 No IZl
I ves, exolain the circumstances in the Comments I Remarks section.
8 How has the closeout process been with this contractor? See below
9 Have there been any "warranty" claims? If so how has the contractor's Yes 0 No IZl
resoonse been?
10 What is your overall satisfaction with this contractor? satisfied
" """':/":""';"" .'..... ,,' ,.,'./
Item No. Comments I Remarks
from above (use continuation sheet if necessarv)
2 The project had a strict schedule in coordination with FOOT.
Mr. Schwarz described Danella as "not by any means a worst performer" and in
5 some projects nothing went wrong. Another phase of the Davie Blvd project was
small diameter pipe considered a very difficult project and tougher than the 24" WM.
Mr. Schwarz stated "a lesser contractor wouldn't have pulled it off'.
6 All change orders were justified and were not subjected to additional work.
Mr. Schwarz described the closeout process as "a few projects hung around". He
further explained this as a contributing factor to what Ft. Lauderdale described as the
8 relationship "going south". Generally stated, 90%. of the project went well and the
last 10% did not. During the end there was no more work and Danella pulled
resources and possibly delaved closino certain oroiects.
02/2009
Page B of9
- 408 -
: ....(r.f? (. '
....~
Utilities Department
EngineerIng Division
Bid Evaluation - Due Dili ence
When asked about Danella's reputation and young age as a business Mr. Schwarz
described them as a "good company" that has "been around a while". He further
said "Danella Companies" was their name in past Ft. Lauderdale WaterWorks
projects and since then they have restructured and grown into the water/sewer
business as "Danella Utili Construction".
Bid Evaluation Performed By I Date: James Richie, PE November 20, 2009
Company / Organization:
02/2009
Wantman Group, Inc.
Page 9 of9
- 409 -
:' .(( ..G.;5(.._..... .., i
'. \).-
Utilities Department
Engineering Division
Bid Evaluation - Due Diligence
Project Name:
Regional Force Main
Project Manager: Paul Fleming, PMP I Consultant: I Wantman Group, Inc.
Contractor: GlobeTec Construction, LLC
'.' ..... ....... . .,. ..c.:,"i';'~:!ir\t::':;i'i$EC;r:IO";1",,:SELECtl$'.lUc::lITERIA'.<::;. .. '..::~,2{.:)kf ;:2"(0,1,;(.;;; ....
As required in the Instruction To Bidders, Section 26 SELECTION CRITERIA, bids are to be
evaluated based on the followino criteria (use continuation sheet if necessary):
'..No.
26.1.1
26.1.2
26.1.3
26.1.4
26.1.5
26.1.6
26.1.7
26.1.8
26.1.9
26.1.10
0212009
$~I~'c;tl~rj{Cfhii)'i.:tN~Mf:~~CQmm.n~'!i,j'::fj::Kt(t!m~~WJiit:;': ,:,>:.:.".. .~..:",...,.. >"",":1:',i':';\1:~<:~f:~;.;?;'...
Experience of the firm with similar projects.
GlobeTec has experience with large scale water and sewer infrastructure including large
diameter and lengthy projects.
$30+M in multiple projects for the City of Ft. Lauderdale WaterWorks 2011
$14.7M included 16"-30" WM, 24" & 30" RWM for Palm Beach County Water Utilities
Department
$5.8M included 48" DIP FM for Citv of West Miami Public Works Deoartment
Background and experience of the principal members of the personnel, including officers.
Principal personnel have a substantial amount of experience in heavy construction and
large diameter pipeline projects.
President - 20 years experience, 6(?) years at GlobeTec as President
VP/Pipeline Mgr. -15 years experience (10? relevant), 2(?) years at GlobeTec as VP
PM Pipellne -12 years experience, 4 years at GlobeTec as PM
PM Pipeline - 6 years experience, 3 years at GlobeTec as PM
Sup!. - 22 years experience, 2 years at GlobeTec as Sup!.
CM/Suot. - 35 vears exoerience, 1 vear at GlobeTec as Suot./Foreman
Bonding capacity. Compare current project values against stated bonding capacity.
$150M capacity, $75M available, $52.7M current proiect values. Capacity is suffic~nt.
Evidence of possession of required Ilcenses or business permits.
Construction Business per FDBPR; Jorge Fonte, CGC & CUC; Antonio Assenza, CUC
Experience in performance.
GlobeTec stated they have no default contracts or litigation. Reference verification
indicates the same.
Contracts on hand.
5 contracts totaling $52.7M at 77% complete (by $ weighted average). The Regional
Force Main workload aooears to be well within the caoacitY of GlobeTec.
Largest completed projects.
GlobeTec's largest completed projects are similar in scope and magnitude Of this project
They include multi-million dollar projects of thousands of feet of large diameter FM, WM &
RWM. Also see 26.1.1
Review of references (use palle 2 of this form).
Consideration of past lawsuits or arbitrations to which the firm has been a party.
None
Price.
$4,290,670.00
Page 1 of 5
- 410 -
_"LO_
..\~.I
Utilities Department
Engineering Division
Bid Evaluation - Due Diligence
. .......'. )";~iiJ!j!~;ijfSECJION!2'.f"'.REF.:ERENCE~MeRIFlCATION<," ., 0""":-',-;'" .--< ;', c
...,...' ". ~ ' .':..
Company Name: City of Ft. Lauderdale WaterWorks 2011
Project Name and Multiple projects in WaterWorks 2011
brief Description:
Contact Person I Title: Paul SoUander, Asst. Director Telephone No.: 954-522-2604
Project Value (see below) (see below) Completion Date: 2007-2009
(Start I FiniSh):
,." ,. >". ';".{' ..': ,;
1 Have they performed the work satisfactory as it pertains to meeting Yes~ NoD
budaet?
2 Have they performed the work satisfactory as it pertains to meeting Yes~ NoD
deadlines and milestones?
3 Have they performed the work satisfactory as it pertains to availability of Yes cgj No D
staff and principals?
4 Have they performed the work satisfactory as it pertains to responsiveness Yes cgj No D
to Client demands and suaaestions?
5 Have they performed the work satisfactory as it pertains to quality of work? Yes ~ No D
6 Were there any Field Change Directives I Change Orders on this project? Yes cgj No D
If ves, explain the circumstances in the Comments I Remarks section.
7 Were there any "disputed" claims from this contractor for this project? If Yes D No IZI
ves, explain the circumstances in the Comments I Remarks section.
8 How has the closeout process been with this contractor? Excellent
9 Have there been any "warranty" claims? If so how has the contractor's Yes D No cgj
response been?
10 What is your overall satisfaction with this contractor? Very satisfied
....;...' ;.'" ,..:.'
Item No. Comments I Remarks
from above (use continuation sheet if necessary)
2 "Generally". Mr. Bollander did not emphasize or possibly recall any deadlines or
schedule impacts.
6 GlobeTec was "reasonable" when it came to change orders.
3 Mr. Bollander stated he had little contact with Antonio Assenzo. In general, this may
be interpreted as a good thing jf PMs can manage without Principal involvement.
3 Anthony Guglielmi - "excellent", "nice", "competent"; he had a lot of interaction with
the CitY; projects went well not necessitating contact with any others at GlobeTec
Mr. Bollander described GlobeTec In general and not specific projects. GlobeTec
Project has six WaterWorks 2011 reference projects and it may be reasonable to assume
Values that the start/finish values were not significantly different. When asked he stated this
was not Information he had at hand durina the conversation.
Bid Evaluation Perfonned By I Date : Jimmy Richie, PE November 9, 2009
Company I Organization: Wantman Group, Inc.
0212009
Page 2 of 5
- 411 -
,(..~.~. (\
" ~
. '.- ..'- ~
Utilities Department
Engineering Division
Bid Evaluation - Due Diligence
.... " ,"'.'>,:..-,.,-." "'i,;:.",;' "'(;;SE:CTION~2;.1:;IREIf,ERENCEi'VER'F,ICA1I'ION':':i;!j[,Cj .i~;W.'!'''''< . ",i'-"',:
'-'-"','-:;';
Company Name: City of West Miami Public Works Department
Project Name and Citywide Drainage Improvements Phase 18 Storm Sewer Collection
brief Description: System
Contact Person! Title: Juan Pena, Director Telephone No.: 305-266-1122
Project Value $5,832,493 $5, 832, 493 Completion Date: 2006
(Start! Finish):
1,:-..:......... .:.,...'..........., : ','..'.",:, . ,'.
1 Have they performed the work satisfactory as it pertains to meeting Yes i:8J No 0
budaet?
2 Have they performed the work satisfactory as it pertains to meeting Yes i:8J No 0
deadlines and milestones?
3 Have they performed the work satisfactory as it pertains to availability of Yes i:8J No 0
staff and orincioals?
4 Have they performed the work satisfactory as it pertains to responsiveness Yes i:8J No 0
to Client demands and suacestions?
5 Have they performed the work satisfactory as it pertains to quality of work? Yes i:8J No D
6 Were there any Field Change Directives! Change Orders on this project? Yes i:8J No 0
If yes, explain the circumstances in the Comments J Remarks section.
7 Were there any "disputed" claims from this contractor for this project? If Yes 0 No i:8J
ves, exolain the circumstances in the Comments I Remarks section.
8 How has the closeout process been with this contractor? Good
9 Have there been any "warranty" claims? If so how has the contractor's Yes 0 No ISI
response been?
10 What is your overall satisfaction with this contractor? Sati.
......:..
Item No. Comments! Remarks
from above (use continuation sheet if necessary)
6 Lift station connection did not work. Option to resolve was given to GlobeTec and
the neQotiated cost was satisfactory.
7 A minor traffic accident occurred and was resolved without litigation.
GlobeTec also had a $3 million phase of the same project.
3,4 Mr. Pena is familiar with Antonio Assenza and Kenny Boone but had no additional
comments. Mr. Pena recognized Anthony Guglielmi as "professional".
Engineer of Record: TYLin International! HJ Ross
Start/Finish When asked, Mr. Pena stated this was not infonnalion he could recall or had at hand
Values during the conversation. It may be reasonable to assume that the start/finish values
were not sianificantlv different.
Bid Evaluation Performed By J Date: Jimmy Richie, PE November 9, 2009
Company! Organization: Wantman Group, Inc.
02/2009
Page 3 of 5
- 412 -
~('
. .
. ...... \ ..... ,
"" . .
Utilities Department
Engineering Division
Bid Evaluation - Due Diligence
'.. .......,.:.;8E(:1"ION.2';.; REFERENeE,'i'ileRIFICATIONX
City of Plantation Utilities Department
Company Name:
Project Name and
brief Descri tion:
Contact Person I Title:
Sanitary Sewer System & Water Main at Westgate
Hank Breitenkam, Director of
Utilities
Telephone No.:
954-797-2285
$3,441,297
Completion Date: 2006
2
Have they
bud et?
Have they performed the work satisfactory as it pertains to meeting Yes I8l No 0
deadlines and milestones?
Have they performed the work satisfactory as it pertains to availability of Yes [8J No D
staff and rinci als?
Have they performed the work satisfactory as it pertains to responsiveness
to Client demands and su estions?
Have they performed the work satisfactory as it pertains to quality of work?
Were there any Field Change Directives I Change Orders on this project?
If es, ex lain the circumstances in the Comments I Remarks section.
Were there any "disputed" claims from this contractor for this project? If Yes I8l No D
es, ex lain the circumstances in the Comments I Remarks section.
How has the closeout process been with this contractor?
Have there been any "warranty' claims? If so how has the contractor's Yes IZI No 0
res onse been?
What is your overall satisfaction with this contractor?
work satisfactory as it pertains to meeting
Yes I8l No 0
3
4
5
6
Yes [8J No D
Yes I8l No 0
Yes IZI No 0
7
8
9
10
Good
Item No.
from above
Comments I Remarks
use continuation sheet if necessa
Yes, the foreman and upper officers.
3
Some undermining of the road was fixed without issue.
Obstacles in the project were reasonably worked around. "11 hour" change was
n otiated at a reat rice.
Subcontractors were used for sidewalk, roads and landscaping. The work
com leted well.
Recognized Jorge Fonte performing well with change orders. Not much interaction
with Alex Carstens and Anthon Gu lielmi.
Start/Finish When asked, Mr. Breitenkam stated this was not information he could recall or had
Values at hand during the conversation. It may be reasonable to assume that the start/finish
values were not si nificant different.
Bid Evaluation Performed By / Date: Jimmy Richie, PE November 9, 2009
9
6
5
6,4,3
Company / Organization:
Wantman Group, Inc.
02/2009
Page 4 of 5
- 413 -
"(((7
,~ .
Utilities Department
Engineering Division
Bid Evaluation - Due Diligence
, ..,.,; '.jY0tSE~1'IO.N;'2'#]REFERENe.E''lERIFICAl'ION',.' . ", . ,. . ,: ...::. ;, '~.;.'.',
L, ' ::;.' :~\~i ":,", :. "":.--';'-'c"
Company Name: Palm Beach County Water Utilities Department
Project Name and lake Region Transmission Main
brief Descriotion:
Contact Person I Title: Joe Tanacredi, PE Telephone No.: 561-493-6088
Project Value $14,765,815 $14,765,815 Completion Date : 2008
(Start! Finish):
, .'. .... " ''''~..f'!':'''''' .."....
1 Have they performed the work satisfactory as it pertains to meeting Yes [gJ No D
budQet?
2 Have they performed the work satisfactory as it pertains to meeting Yes [gJ No D
deadlines and mllestones?
3 Have they performed the work satisfactory as it pertains to availability of YeslZl No D
staff and principals?
4 Have they performed the work satisfactory as it pertains to responsiveness Yes IZI No D
to Client demands and suaaestions?
5 Have they performed the work satisfactory as it pertains to quality of work? Yes IZI No D
6 Were there any Field Change Directives { Change Orders on this project? Yes IZI No D
If yes, explain the circumstances in the Comments! Remarks section.
7 Were there any "disputed" claims from this contractor for this project? If Yes D No IZI
yes, explain the circumstances in the Comments I Remarks section.
S How has the closeout process been with this contractor? Efficient
9 Have there been any "warranty. Claims? If so how has the contractor's Yes D No IZI
response been?
10 What is your overall satisfaction with this contractor? Good
1'\,' .:. ..,\......,;... .'.:. ':.t:' '."o.;r":".'.
Item No. Comments! Remarks
from above (use continuation sheet if necessary)
6 There were minor changes on the order of $1 ,000'5. Mr. Tanacredi did not elaborate
or Dossiblv recall sDecific details about the changes.
5 Subcontractors for directional drill, aerial crossing piles, sod-good work.
Engineer of Record: Palm Beach County Water Utilities Department
4 Performed the Owner purchased materials process successfully.
3 Jorge Fonte was the main PM in daily contact. Alex Carstens had less involvement.
Antonio Assenza was less involved-primarilv in meetinas.
Start/Finish VVhen asked, Mr. Tanacredi stated this was not information he could recall or had at
Values hand during the conversation. It may be reasonable to assume that the start/finish
values were not sionificantly different.
Bid Evaluation Performed By ! Date: Jimmy Richie, PE November 10,2009
Company! Organization: Wantman Group, Inc.
0212009
Page 5 of 5
- 414 -
'/'~'y."
, ( .
\" ~ .'
... '.
Utilities Department
Engineering Division
Bid Evaluation - Due Diligence
Project Name: Regional Force Main
Project Manager: Paul Fleming, PMP I Consultant: I Wantman Group, Inc.
Contractor: Palm Beach Grading, Inc. (hereafter referred to as PSG)
" .::-~,:>:<:..:- ,:,:::?~':!.h';>; ;i;I:;;L::'2;fsec.1J]CJNt1f~SEL;;EOclll~Jlj~~ ,
As required in the Instruction To Bidders, Section 26 SELECTION CRITERIA, bids are to be
evaluated based on the followina criteria (use continuation sheet if necessary):
" 'Nc", I' $""leetlt)'n~GHt8~i~WN~:Ji<(;Q..nn1~,,\S~JJrJf~::;!\;i!;;:!"1";[i:~,:::;;.,i{/::,r;n':,;::'\:'r:m,ji;l0t~1:'I/ri':;~;i::.' .)(:. ...:.,,""".
,,: .: ~;: -i
26.1.1 Experience of the firm with Similar projects.
PSG has experience with projects having similar scopes, mostly roadway/infrastructure;
however, no project reference explicitly states large diameter pipelines for great lengths
through neighborhoods. Currently PBG has a project with about Y.z mile of 24" Drp/PVC
RWM and about 3 miles of 8" & 12" WM.
Other projects include:
Multiple Roadway & Infrastructure projects ranging from $1.4-7.2 million for public and
private entities.
$600k 10" Water Main for Martin Co. Utilities completed Dee-08
$60k Force Main for Martin Co. Utilities completed Dee-OS
$60k S" Water Main for Martin Co. Utilities comoleted Jan-09
26.1.2 Background and experience of the principal members of the personnel, including officers.
Senior members have a substantial amount of experience in what appears to be primarily
development driven projects and then utility work.
PresidentlChairman--31 years experience; 13 at PSG as President (no pipeline projects)
VP-30 years experience; 4 years at PSG as VP
Supt.-21 years experience; <1 year at PSG as Supt.; 12 years as Supt.
Ooerations Manager-14 vears experience; 12 vears at PSG as OP. MQr.
26.1.3 Bonding capacity. Compare current project values against stated bonding capacity.
$80M capacity, $55M available, $33M current project values. Capacity is sufficient.
26.1.4 Evidence of possession of required licenses or business permits.
FDOT Certificate of Qualification
Incorporated September 19,1996
Larry Manning, CGC since November 29, 2005
Construction Business Information, QB since November 29, 2005
26.1.5 Experience in performance.
PSG stated they have no default contracts. Reference verification indicates the same.
26.1.6 Contracts on hand.
S contracts totaling $33 million at 40% complete (by $ weighted average). The Regional
Force Main workload aooears to be within the capacity of PSG.
26.1.7 Largest completed projects.
02'2009
Page 1 of4
- 415 -
. ....U... .(7? .' "
...~.:.
Utilities Department
Engineering Division
Bid Evaluation - Due Dili ence
The largest completed projects are similar In scope and magnitude but PBG has not
explicitly stated large diameter pipe. A roadway/infrastructure project for GL Homes
included coordination with an overlapping and simultaneous project at Lyons Rd and
Boynton Beach Blvd involving multiple permitting agencies/owners.
$7.2 million road and infrastructure for Collier County and GL Homes completed March 07
$6.7 million road and infrastructure for Palm Beach County and GL Homes completed
JanualY 2006
$3.7 million road and infrastructure for Bo nton Beach com feted in Janua 2009
26.1.8 Review of references (use page 2 of this form).
Most references of relevant projects did not return phone calls.
26.1.9 Consideration of past lawsuits or arbitrations to which the firm has been a party.
None
26.1.10 Price.
$4,338,460.00
0212009 Page 2 of 4
- 416 -
;'~.G...r."..'...'.'.."';
'.. ~ /','
. .
Utilities Department
Engineering Division
, .
Bid Evaluation - Due Diligence
"'\;':$Ee'l110N2'~REFER:EN~~;!VERIJ::ICATI()N:;
GL Homes
:.-: ,. ,~;;"; :~;-,'~:.f}} ~f:t:iij\i: W~ i:.:~.:::: :
1;"-,.-,' "
.:. .'
Company Name:
Project Name and
brief Description:
Contact Person / Title:
..;:.... .....
Have they performed the work
budget?
Have they performed the work satisfactory as it pertains to meeting Yes l2J No D
deadlines and milestones?
Have they performed the work satisfactory as it pertains to availability of Yes l2J No D
staff and principals?
Have they performed the work satisfactory as it pertains to responsiveness
to Client demands and suaaestions?
Have they performed the work satisfactory as it pertains to quality of work?
Were there any Field Change Directives / Change Orders on this project?
If yes, explain the circumstances in the Comments / Remarks section.
Were there any "disputed" claims from this contractor for this project? If Yes D No 0
ves, exolain the circumstances in the Comments / Remarks section.
How has the closeout process been with this contractor?
Have there been any "warranty" claims? If so how has the contractor's
resoonse been?
Project Value
(Start / Finish);
.,..::
2
3
4
5
6
7
8
9
Lyons Road
Anthony LoFurno, Director of Land
Development
$7.2 million
561-733-9930
Telephone No.:
$7.2 million Completion Date: March 2007
. ".">':'
satisfactory as it pertains to meeting Yes l2J No D
". ",
Yes l2J No D
Yes l2J No D
Yes l2J No D
Good
Yes D No l2J
"they
delivered"
10 What is your overall satisfaction with this contractor?
1,/0:,': :":':::.,i:,:'., .':.
Item No.
from above
6
8
4
Start/Finish
Values
0212009
Comments / Remarks
(use continuation sheet if necessarY)
The project included drainage retro-fitting and some design issues caused the field
changes. PSG was actively involved in identifying issues and looking for solutions at
a reasonable cost.
PSG completed a 60.90 day punch-list in a roadway/infrastructure project
overlapping with another roadway/infrastructure project involving FDOT and PBC at
Lvons Rd and Bovnton Beach Blvd.
A current project includes about 3 miles of 8" & 12" WM, Yo mile 6" FM and Yo mile of
24" RWM (DIP PVC) without extensive restoration.
Silas-more at the executive level of project management; up to speed with project;
occasional visits; somewhat involved
Perez-more at the executive level of project management
Parcells-"one of the best in Palm Beach County"; multiple project Supt.
Moore-more of a road and dirt auv rather than aiae work
When asked, Mr. LoFurno stated this was not information he could recall or had at
hand during the conversation. It may be reasonable to assume that the start/finish
values were not sianificantlv different.
Page 3 of 4
- 417 -
, :,.(..(((7., .... ..\,)
\~ .'
Bid Evaluation - Due Dili ence
Engineer of Record: Arcadis
Bid Evaluation Performed By I Date: Jimmy Richie, PE November 10, 2009
Company I Organization: Wantman Group, Inc.
02/2009 Page 4 of 4
- 418 -
Utilities Department
Engineering Division
12.A
LEGAL
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA i:8J LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE 09-044 -- SECOND
READING -- IPUD Zoning District-Marine-Oriented & Water Dependent Uses, (CDRV 09-008).
Amending the Land Development Regulations, Chapter 2, Zoning, Section 5. L., changing the intent
section to promote water access and recreational opportunities with accomodation of uses including
marine-oriented and water -dependent uses, and establishment of development regulations for
implementation. Applicant:: City-initiated.
Request for Reconsideration by Commissioner Marlene Ross of Ordinance 09-044 which was adopted
on second reading at the December 1, 2009 Commission Meeting was approved by the Commission on
December 15,2009.
EXPLANATION OF REQUEST: Request to amend the Land Development Regulations for IPUD
Zoning District-Marine-Oriented & Water Dependent Uses, CDRV 09-008. The City Commission
approved the item on First Reading on November 17, 2009, accepting a staff recommendation for
changes/additions to the proposed regulations regarding the "Preferred" marina siting zone, a minimum
lot width standard, outdoor display of boats, and limited provisions for residing on boats.
The ordinance has been modified to include changes discussed on First Reading.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT: Proposed amendments may increase the tax base through increasing the
development potential of vacant or underutilized property.
ALTERNATIVES: Not approve or approve with changes.
- 419 -
ORDINANCE NO. 09-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA AMENDING LAND
DEVELOPMENT REGULATIONS, CHAPTER 2 "ZONING",
SECTION 5L CHANGING THE INTENT SECTION TO
PROMOTE WATER ACCESS AND RECREATIONAL
OPPORTUNITIES WITH ACCOMMODA TION OF USES
INCLUDING MARINE-ORIENTED AND WATER-DEPENDENT
USES, AND ESTABLISHMENT OF DEVELOPMENT
REGULATIONS FOR IMPLEMENTATION; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, the Development Department has made recommendations to amend the Land
Development Regulations changing the intent section to promote water access and recreational
opportunities with accommodation of uses including marine-oriented and water-dependent uses, and
establishment of development regulations for implementation; and
WHEREAS, the City Commission has considered those recommendations and finds that those
amendments will be an improvement to the IPUD zoning district and corridor, and mechanism to
promoting desirable development activity and growth in the City's tax base.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing whereas clause is true and correct and is now ratified and confirmed
by the City Commission.
Section 2.
Sub-sections L of Section 5 of Chapter 2 of the Land Development Regulations is
amend as follows:
L. IN FILL PLANNED UNIT DEVELOPMENT (IPUD). The Infill Planned Unit Development (IPUD) District standards and
regulations are created for the purpose of allowing flexibility to accommodate infill and redevelopment on parcels less than five (5) acres in
size. Parcels five or more acres in size shall comply with normal Planned Unit Development regulations found in Chapter 2.5 ofthe Land
Development Regulations.
1. Intent and expectations.
a. The IPUD regulations are intended to be used in situations where new development or redevelopment is proposed within an
already developed area or neighborhood located in the Federal Highway Corridor Community Redevelopment Plan, Study Areas 1 and V.
A mixture of uses including residential, retail commercial and office, may be allowed to the extent that no land use conflicts will result and
the basic intent ofthe Zoning Code and the Comprehensive Plan will be followed. This district is also intended to promote water access and
recreational opportunities with accommodations of uses including marine-oriented and water dependent uses in both mixed-use
developments and limited single-use projects.
- 420 -
b. It is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that
exceed the standards ofthe basic development standards in terms of site design, building architecture and construction materials, amenities
and landscape design. 'Ihe extent of variance or exception to basic design standards, including but not limited to requirements for parking
spaces, parking lot and circulation design, and setbacks, will be dependent on how well the above-stated planning expectations are met in
the proposed development plan.
c. The IPUD shall minimize adverse impacts on surrounding property. 'Ihe city is not obligated to automatically approve the
level of development intensity requested for the IPUD. Instead, it is expected to approve only such level of intensity that is appropriate for
a particular location in terms of land use compatibilities. The city may require, as a condition of approval any limitation condition, or
design factor that will provide a reasonable transition to adjacent development.
d. In order to be approved, an IPUD project must be compatible with and preserve the character of adjacent residential
neighborhoods. Further, it must be an enhancement to the local area and the city in general. Presentation of projects that fail to do so will
be denied.
e. Each IPUD project is independent and will be evaluated solely on its own merits. 'Ihe inclusion of certain features in a
previously approved IPUD project will not be entertained as a valid argrunent for the inclusion of that same feature in any other IPUD
project if the city decides to reject those features.
2. Application process.
a. The procedures and requirements for applying for rezoning to the IPUD district are the same as those for rezoning to the
PUD district as stated in Chapter 2.5, Section lO, of the Land Development Regulations.
b. When the IPUD is to be developed in a single phase, the site plan for the development may also represent the master plan.
c. The entire property proposed for development as an IPUD shall be under common ownership or unified control, so as to
ensure unified development.
3. Development standards.
Minimum lot area: 1 acre':'
Maximum lot area: 5 acres
Minimum lot frontage: None, except for private marinas'
Maximum height: 45 feet (lesser height may be required for compatibility with adjacent development)
Maximum lot coverage (building): 50%
Maximum density: Determined by land use lO.8 du/ac for land classified High Density Residential
(HDR) or Local Retail Commercial (LRC); or 20 du/ac for lands classified Special
High Density Residential
Minimum usable open space per 200 square feet
dwelling unit:
Perimeter setbacks: Shall mirror setbacks of adjacent zoning district( s) but with a minimum of the setback
required for a single-family residence, as determined by the orientation of structures
in the IPUD...:.:.
* ~iR~Js mafias srisHtsEl aHa v.'atsr ElS13SRElSHt "'m,l~ Private marinas as a principal use require a rninimrun lot area of four (4) acres, .!!
minimum lot frontage of 150 feet and minimum average width of 200 feet.
** Also see "4.h." below for additional requirements.
4. Additional standards.
a. Building design elements.
(l) Massing. 'Ihe proportions and relationships ofthe various architectural components ofthe buildings should be utilized to
ensure compatibility with the scale of other development in the vicinity. 'Ihe buildings should not detract from or dominate the
surrounding area.
- 421 -
(2) Materials. A variety of materials must be utilized to provide visual interest to the buildings. Colors and materials must
be selected for compatibility with the site and the neighboring area. The exterior building design must be coordinated on all elevations
with regard to color, materials, architectural form, and detailing to achieve design harmony and continuity.
(3) Articulation. Well-articulated buildings and architectural interest and variety to the massing of a building and help break
up the monotonous facades. A variety offeatures must be incorporated into the design ofthe buildings to provide sufficient articulation of
the facades. 'Ihis may be achieved by incorporating the use of vertical and/or horizontal reveals, step backs, modulation, projections, roof
detailing, and three dimensional details between surface planes to create shadow line and break up flat surface areas.
(4) Overall design. Design ofthe project shall be tailored to the specific site and shall take into consideration the protection
and enhancement of any natural features of or adjacent to the site as an element in the overall design.
b. Screening and buffering.
(I) Appropriate screening and buffering will be required.
(2) Such screening must shield neighboring properties from any adverse eflects ofthe proposed development.
(3) Screening and buffering must also be used to shield the proposed development from the negative impacts of adjacent uses.
(4) Special emphasis should be placed on screening the intrusion of automobile headlights on neighboring properties from
parking areas and driveways.
c. Pedestrian circulation.
(l) Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular ways and parking spaces.
(2) In all cases, pedestrian access shall be provided to public walkways.
(3) Pedestrian circulation design shall promote interconnectivitv within and between land uses to discourage unnecessary
use of the automobile and reduce vehicle miles traveled.
d. Usable open space.
(l) Shall be required for residential development projects and mixed-use residential projects;
(2) Shall include active or passive recreational space;
(3) Shall not be occupied by streets, drives, parking areas, or structures other than recreational structures;
(4) Shall be designed to be available and accessible to every dwelling unit proposed;
(5) Shall, where feasible, be centrally located in the development; and
(6) Shall not include private courtyards natural areas and water bodies.
e. Trash collection.
(l) Special emphasis shall be placed on trash collection points.
(2) Trash containers or drunpsters must be screened and designed such that they are not visible from or disruptive to adjacent
properties, streets, and rights-of~way while still being conveniently accessible to their users and collectors.
(3) Drunpsters or trash containers shall not be located within setbacks abutting single-family residential developments.
f. Mixed land uses.
(l) Within the IPUD district, mixed land uses may be proposed.
(2) Commercial uses shall only be allowed for developments fronting on streets classified as "arterial" on the "FlUlctional
Classification of Roadways" map in the Boynton Beach Comprehensive Plan.
(3) Such development must be found compatible with adjacent uses and established design characteristics.
(4) Any commercial uses shall be small-scale retail and services, primarily to serve the residents of the IPUD, and not the
public in general, except for uses qualifying under "4.g." below accruing.
(5) Any commercial uses must front on the arterial roadway or on an access wholly contained within the project with neither
entrance nor exit on or visible from or disruptive to adjacent properties, streets, and rights-of~way.
g. Marine-oriented and water dependent uses.
(l) Within the lPUD district. uses shall be encouraged that increase water access and recreational opportunities to the
commlUlitv, so as to support a mix of uses, water access and minimized travel distances.
- 422 -
(2) In addition to adherence to the other development regulations and compatibility language contained within the entire
IPUD section onhe code, any marine-oriented or water dependent use shall also conform to the requirements listed herein.
(3) Principal land uses may include boat and yacht clubs, and private or public marinas (see Part III. Chapter L Definitions)
contin!!ent upon bein!! located within an area identified with the "Preferred" sitin!! desi!!nation by the 2007 Palm Beach County
Manatee Protection Plan. However maior repairs afld boatds, or residim: OR boats, shall be prohibited in the IPUD district. Additionally,
all sale or minor repair of boats, or components thereot shall only occur within a fully enclosed structure except as otherwise allowed by
para!!raph #6 below. The above noted principal uses, when combined with residential uses, in which the residential component occupies
25% or more of the total land area, shall be considered permitted uses, otherwise such marine uses shall require conditional use approval.
(4) Boatels and the residin!! on boats shall be prohibited within the !pun district. except that temporary
stays shall be allowed for a maximum of3 ni!!hts within a 12-month period.
(4) The following uses shall be allowed as accessory to one of the principal marine uses described above: boat brokerages,
ship's stores, tackle shops, maritime museums or other related educational uses, restaurants, boat ramps, and other launching facilities.
(5) Marine-oriented and water dependent uses shall meet all requirements of subsection "4.f." above, with the exception of
"4.U 4 )".
(6) No outdoor dry storing or stacking of boats or other related items shall be allowed, except that outdoor displays are
allowed for sales purposes as Ion!! as the boats are restricted to !!round level display. are not visible from abuttin!! ri!!hts-of:'way or
residential properties. and are not placed within landscape areas or reauired parkin!! maces.
(7) Wash down and other post-use servicing shall be done within the dry storage building or within an enclosed structure (i.e.
three-sided and roofed) designed and oriented to minimize external impacts.
(8) Water used for flushing and other cleaning activities shall be properly pretreated prior to discharge into the stormwater
system, and conservation measures shall be considered to facilitate reclamation/recycling.
(9) No outdoor speakers shall be allowed other than for low volume music that is not audible on~site.
(10) In addition to adhering to the City's sound regulations, no equipment. machines, or tools shall be used between the
hours 01'8:00 a.m. and 6:00 p.m. that generates noise lUlique to a residential neighborhood.
(11) Additional design regulations for commercial buildings and boat storage facilities.
(a) Architectural integration shall be encouraged through the choice of building materials, architectural style. extensive
use of windows, and choice of soft. muted colors.
(b) All buildings shall incorporate 3600 architecture. a variety of massmg and
building heights. and stepping roof lines.
( c) The use of standardized "corporate" architectural styles associated with chain-type
businesses is prohibited.
(d) To contribute to physical compatibility and minimize impacts on the residential
fabric of adjacent neighborhoods. projects adjacent to residential zoning districts shall be designed with
residential character. unless a superior. non-residential design can be demonstrated. Residential designs
shall include. but not be limited to. a combination of actual and faux windows. balconies. porches.
awnings and related architectural details. The character shall either match or compliment established
architectural themes in the vicinity.
( e) All building facades shall include a repeating pattern that shall include no less
than three (3) of the following elements: color change. texture change. material module change. or a
change in plane of at least two (2) feet in depth. At least one of these elements shall repeat horizontally.
All elements shall repeat at intervals of no more than 30 feet. either horizontally or vertically. unless a
superior design can be demonstrated at greater intervals. Recesses and projections shall be from finished
grade to roofline. and be a minimum of 10 feet in width.
(D As an alternative to the required facade offsets noted above. decorative and
substantive roofline changes. when coupled with correspondingly aligned facade material changes. may
substitute.
- 423 -
( g) A minimum of two different types of building materials shall be used, with a 70
percent-30 percent ratio. A change in stucco or use of windows will not count toward meeting this
requirement.
(h) Articulation in parapet wall shall be required with a minimum of five (5) feet for
front and side facades, and any facade oriented towards a street: and, two and one half (211z) feet for rear
facades.
(i) Parapet walls shall feature three dimensional cornice treatment to provide a
finished look from any angle. Additionally, a parapet return IS required with a length equal to or
exceeding the required parapet articulation.
(i) All customer entrances to the building shall be the focal point of design.
Architectural elements shall include some combination of the following improvements: pediments,
lintels, columns, pilasters, porches, balconies, railings, balustrades, and ornate moldings.
(k) On any retail or office building within a marine-oriented or water dependent
proiect or any portion of a building devoted to such use, windows shall be of pedestrian scale, recessed
and vision glass without obstruction.
(1) On any retail or office building within a marine-oriented or water dependent proiect
on any facade on which a customer entrance to the building is located, a minimum of 1.6 square foot of
vision glass is required for each one (1) lineal foot of facade.
(m) On any retail or office building within a marine-oriented or water dependent
proiect on any other facade facing a public street a minimum of 0.8 square foot of vision glass is
required for each one (I) foot.
en) Landscaping above and beyond the regulations cited elsewhere in this code shall
be required for all non-residential buildings in excess of 40,000 square feet in order to reduce the
perceived scale and massing of such buildings.
(0) The width of the foundation planting areas visible from streets or residential
properties shall be 50 percent of the facade height. The applicant may submit an alternate planting plan
that depicts the required screening/softening of the large building facades, however in no instance shall
the planting area be less than 12 feet in width.
(p) The height of the plant material shall be in relation to the height of the adi acent
facade or wall. Further. the height of 50 percent of the required trees or palms shall be a minimum of
two-thirds (2/3) of the height of the building. One (I) canopy tree or a cluster of three (3) palm trees
shall be installed within the foundation planting area every 20 feet on center along each facade visible
from streets or residential properties. Canopy and palm trees shall be distributed along the entire facade
where foundation landscaping areas are required, with understory plant material arranged in the areas
between the low growing shrubs and tree or palm canopies. The applicant may submit an alternate
planting plan that depicts the rearrangement of plant material in order not to interfere with required
building enhances discussed herein.
(q) A perimeter landscape barrier shall be required between incompatible uses and/or
zoning districts: or where there are differences in density, intensity. or building heights or mass: or for
those certain uses requiring additional screening in order to shield outdoor storage or operations. The
- 424 -
barrier shall consist of a decorative buffer wall of at least six (6) feet in height in addition to a varietv of
denselv planted trees, hedges and shrubs. In areas where sufficient width is provided or staff determines
additional buffering is warranted, a berm mav be required in addition to the above regulations.
(r) The applicant shall demonstrate through site design and buffering how sound
associated with the non-residential components of the proiect will be mitigated.
h. Compatibility with surrounding development.
(1) Compatibility will be judged on how well the proposed development fits within the context of the neighborhood and
abutting properties. For this purpose, elevations and cross-sections showing adjacent structures shall be included with the site plan
application.
(2) If vegetation, screening or other barriers and/or creative design on the perimeter of an IPUD achieve compatibility with
adjacent uses, the city may grant some relief from the following two requirements:
a. Any IPUD located adjacent to an existing single-family residential development(s) must locate structures ofthe same
unit type or height allowed by the adjacent zoning district(s), with the exception of a use approved in accordance with subsection "4.g."
above.
b. Structures on the perimeter of an IPUD project, in addition to the basic setback requirements, must be set back one (1)
additional foot for each one (1) in height for the perimeter structures that exceed thirty (30) feet. A structure shall be considered to be on
the perimeter ifthere is no intervening building between it and the property line.
(3) If an IPUD is located with frontage on the Intercoastal Waterway, conditions of approval shall include a deed restriction
requiring that any dockage built will not exceed in width the boundaries ofthe project's actual frontage on the water, regardless of what any
other governing or permitting entity may allow or permit.
1- Vehicular circulation.
(1) Privately owned streets providing secondary vehicular circulation internal to the IPUD may be considered for approval
with rights-of~way and pavement widths less than the requirements stated in the city's Land Development Regulations. However, in no case
shall health, safety and/or welfare be jeopardized.
(2) Roadways providing external connections to the city's street network shall meet all requirements contained in the city's
Land Development Regulations.
1 Parking. For minimum parking standards and calculations, see Chapter 2, Zoning, Section 11. H. l6.e (10).
K Exterior lighting. Lighting ofthe exterior, parking areas and watercraft docking facilities of the planned development shall
be ofthe lowest height. intensity and energy use adequate for its purpose, and shall not create conditions of glare that extend onto abutting
properties.
1. Natural features. The physical attributes of the site shall be respected with particular concern for preservation of natural
features, tree growth and open space.
Section 3.
Each and every other provision of the Land Development Regulations not herein
specifically amended, shall remain in full force and effect as originally adopted.
Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with
any provisions of this ordinance are hereby repealed.
Section 5.
Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 6.
Section 7.
Authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immediately.
FIRST READING this _ day of
,2009.
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SECOND, FINAL READING AND PASSAGE this _ day of
,2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 09-068
TO:
Chair and Members
Planning & Development Board
Michael W. Rumpf
Director of Planning and Zoning
October 13, 2009
Infill Planned Unit Development (IPUD) Zoning District-
Marine-oriented & water-dependent uses (CDRV 09-008)
Interim amendments to Land Development Regulations
FROM:
DATE:
RE:
NATURE OF REQUEST
Staff is proposing interim amendments to the Land Development Regulations (LDR) that correspond
with pending Comprehensive Plan text amendments. The intent of the proposed text amendments is to
incorporate "surface water" provisions that support greater water access including accommodations for
marina uses in the coastal area consistent with the County's Manatee Protection Plan. The proposed
code amendments represent the implementing of land development regulations required by proposed
Policies 1.3.1 and 7.11.7. Such amendments incorporate into the Infill Planned Unit Development
District (IPUD) use provisions and development standards to guide the addition of certain marine-
oriented and water-dependent uses as either mixed-use or limited single-use projects. An excerpt of
proposed Policy 1.3.1 reads as follows:
The Citv shall also establish land development ref!ulations that maximize land use compatibilitv and
protect residential neif!hborhoods from nef!ative impacts ofsubiect uses.
The proposed amendments are intended to protect residential neighborhoods from negative impacts
through, in part, proper height and setback requirements, appropriate landscaping, and design and
operational requirements.
BACKGROUND
The proposed Comprehensive Plan text amendments were initiated by city staff in July of this year, and
approved by the City Commission for transmittal to the Department of Community Affairs (DCA) on
September 1 st. Said amendments were drafted referencing the general theme of Florida Statutes, Chapter
163.3177(6)(a) to consider manatee protection needs, protection of working waterfronts, public access,
and recreation and economic demands within the Comprehensive Plan. Further, the amendments were
initiated to support economic development by increasing development options for those properties that
are victims of the residential real estate crisis. To encourage both marina and other water-related uses,
and particularly to accommodate such uses in a mixed-use setting, the IPUD zoning district was the
target of this amendment.
The key elements of the proposed Plan and Code amendments include a geographic limitation to those
areas identified with the "Preferred" siting category as delineated in Palm Beach County's Manatee
Protection Plan (see proposed Policy 1.3.1), and the proposed development regulations that indicate the
new permitted and conditional uses, and design standards intended to maximize the compatibility of
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such facilities within the varying land uses characteristic of the City's waterfront.
Although marinas and other water-dependant uses proposed by these amendments are typically allowed
in commercial, recreational or even use-specific zoning districts (i.e. "marina" district), the IPUD zoning
district is proposed for this amendment, expanding its role as a mixed-use zoning district for the US-1
corridor, and given the proximity of property currently zoned IPUD to the "Preferred" facility siting
designation as adopted in the Manatee Protection Plan. Furthermore, the IPUD zoning district is a
planned district, and therefore requires the rezoning process and a master plan as part of its development
review. The more thorough review and scrutiny facilitated by the rezoning process is necessary to ensure
land use compatibility through the case-by-case application of both objective and subjective design
standards.
PROPOSED AMENDMENTS
The proposed use provisions and development standards are intended to facilitate the integration of
selected water dependant uses into that limited portion of the coastline identified with the "Preferred"
siting designation. The proposed amendments are attached in their entirety hereto (see Exhibit "A"),
with selected portions featured or referenced and explained below.
The proposed land development regulations are to be incorporated into Part 3, Chapter 2. Zoning,
Section 5.L. Infill Planned Unit Development. With respect to site standards, existing code is to remain
unchanged with the exception of two footnotes (as underlined) that 1) add a separate minimum lot size
standard for single-use projects; and 2) insert a simple reference for a section containing related
provisions. Section 3. Development Standards is proposed with the simple additions as follows (see
underlined text):
3. Development standards.
Minimum lot area:
Maximum lot area:
Maximum height:
development)
Maximum lot coverage (building): 50%
Maximum density: Determined by land use 10.8 duj ac for land classified High Density
Residential (HDR) or Local Retail Commercial (LRC); or 20 dujac for lands classified Special
High Density Residential
Minimum usable open space per dwelling unit: 200 square feet
Perimeter setbacks: Shall mirror setbacks of adjacent zoning district(s) but with a minimum
of the setback required for a single-family residence, as determined by the orientation of
structures in the IPUD.':::::
1 acre':::'
5 acres
45 feet (lesser height may be required for compatibility with adjacent
* Single marine-oriented and water deoendent uses reauire a minimum lot area of four (4)
acres.
** Also see "4.h." below for additional requirements.
The majority of the proposed changes are concentrated in a new Section 4.g, which contains standards
and requirements that could be described under five (5) headings: use provisions; operational provisions;
building design standards; landscaping/buffering and parking standards.
Use Provisions
The use provisions are specifically contained within Section 4(g)(3) and (4) which are indicated below:
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(~) Princioalland uses mav include boat and vacht clubs, and orivate or oublic
marinas (see Part III. Chaoter 1. Definitions). However maim reoairs and boatels, or residing on
boats, shall be orohibited in the IPUD district. Additionallv, all sale or minor reo air of boats, or
comoonents thereof, shall onlv occur within a fullv enclosed structure. The above noted
principal uses. when combined with residential uses. in which the residential component
occupies 2S% or more of the total land area. shall be considered permitted uses. otherwise such
marine uses shall require conditional use approval.
(4) The following uses shall be allowed as accessory to one of the orincioal marine
uses described above: boat brokerages, shio's stores, tackle shoos, maritime museums or other
related educational uses, restaurants, boat ramos, and other launching facilities.
The proposed amendment is intended to allow for a range of water-dependent uses with an emphasis on
active operations with certain service and other commercial functions being limited to an accessory, and
properly regulated role. For example, major boat repairs are not allowed, and sales and minor service
functions must occur within an enclosed building to avoid the associated negative aspects such as noise
and visual impacts.
Ooerational Provisions
The operational standards and provisions are also intended to further minimize noise and visual impacts
as well as to promote water quality and conservation. In summary, Section 4(g)(6-10) prohibits any
outdoor storage of watercraft; requires post-use servicing to be within the principal building or in an
enclosed, or partially enclosed building; requires that pretreatment measures be applied to water used in
engine flushing; and promotes the consideration of water recycling or reclamation as part of its service
function. Lastly, the operational requirements preclude the use of any outdoor speakers, and restricts the
use of equipment that generates noise not typically generated by, and commonly accepted within, a
residential neighborhood, to the hours of 8:00 a.m. and 6:00 p.m. The proposed regulations are based, in
part, on staff findings from a visit to a modern marina in Deerfield Beach called Marina One. The most
noticeable impacts of the operation included sounds generated by the servicing of the boats following
use (e.g. engine flushing), and an audible "beeping" sound generated for safety purposes by the heavy
boat-lift vehicle while backing up.
Design Standards
Additional design standards are proposed for application to new marine-oriented and water dependent
land uses within the IPUD district. Such standards continue placing the same strong emphasis on land
use compatibility as originally written into the IPUD district, with the majority of them specifically
intended to optimize residential compatibility, minimize the appearance of bulk and mass, and maximize
aesthetic quality. Given the potential size and mass of buildings within a marina or related use, many of
the standards are based on the principals of "big box" commercial regulations by precluding large blank
walls and the use of minimal materials, and requiring "360 degree architecture", residential design
styles, and the use of both vision (real) glass windows and faux windows. For example, given the
possible close proximity to single-family neighborhoods, Section 4.g.11(d) requires large commercial or
boat storage buildings to be designed with a residential architectural style and reads as follows:
(d) To contribute to ohvsical comoatibilitv and minimize imoacts on the residential
fabric of adiacent neighborhoods, oroiects adiacent to residential zoning districts shall be
designed with residential characte. unless a superior. non-residential design can be
demonstrated. Residential designs shall include. but not be limited to. a combination of actual
and faux windows. balconies. porches. awnings and related architectural details. The character
shall either match or compliment established architectural themes in the vicinity.
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However, recognizing the importance of flexibility and possible design options, this requirement also
allows for an alternative design style which would be reviewed on a case-by-case basis.
With respect to the emphasis on avoiding blank walls, Section 4.g.11 (b ), (d), (e), and (g), all require
fa<;ade enhancements, whether generally or specifically, and require minimum building materials, muted
colors, articulation, repeating patterns, enhanced entrances and real and faux enhancements such as
windows, balconies, awnings, and porches.
Landscaping Standards
Additional landscaping regulations are also proposed, in addition to the screening and buffering
requirements currently within the IPUD district. These additional standards are both objective and
subjective and require: enhanced landscaping screening and buffering on large projects; landscaping
buffer widths and tree sizes to be proportional to the building height; and application of the landscape
"barrier" which is the most dense landscaping buffer design as currently defined in the City's
landscaping regulations. The landscape "barrier" is intended to separate land uses with differing
intensities. The proposed additional buffering requirements are found in Section 4.g.11(n), (0), (p), and
(q).
Parking Standards
The City's parking space requirements are within Part III, Chapter 2, Section 11.H.16 of the Land
Development Regulations, and Section H.16.e(10) contains the sole parking ratio applicable to marinas;
One (1) parking space per boat slip. As this standard is primarily applicable to wet slips and active
marinas, and is not sensitive to lower parking requirements of indoor (dry) storage uses as well as other
operational components of private marinas, staff proposes to amend and expand Subsection "e(10)" to
require the following parking space ratios:
. One (1) parking space per five (5) wet or dry storage slips; and
. One (1) parking space per 500 square feet of boat showroom.
As for the more active and intensive parking users of marinas, requiring at least a 1 per 1 ratio,
Subsection "e(ll)" of the current regulations will remain unchanged and applies to charter, drift fishing,
and sightseeing boats requiring a minimum of one (1) parking space per three (3) seats within a
watercraft.
Whereas current regulations are tailored more for public, outdoor and/or "working" marinas, the
proposed amendments are written to require minimum parking at private marinas containing a
combination of principal components such as dry storage, boat sales, and wet slips, and are intended to
avoid excessive parking by accounting for operational and use characteristics including accessory
components such as meeting or club facilities, supply stores, and office and administrative space.
CONCLUSIONS/RECOMMENDA TION
Currently, marina uses are allowed within the CBD, C-3 and mixed-use zoning districts; however, dry
storage, often a typical component of private marinas, is not allowed within the CBD and mixed use
districts. As indicated above, the IPUD district is being targeted for this amendment given its intended
application along certain segments of the City's waterfront, its proximity to the "Preferred" facility
siting designations as adopted in the County's Manatee Protection Plan, the opportunity to combine such
uses within a mixed-use setting and/or within a planned (master planned) project, and given the
opportunity to increase the development or redevelopment potential of properties that have been affected
by the residential real estate crisis. Although compatibility with residential neighborhoods continues to
be a priority, it should be noted that the land use characteristics along that portion of the shore
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designated for marinas is varied and includes a mix of 2 isolated single-family neighborhoods,
townhomes, multi-family projects, two public parks (1 with boat ramps), vacant property and spotted
commercial uses along US-1 (see Exhibit "B"). Furthermore, an older marina exists in this vicinity, just
north of the City's boundary and abutting The Peninsula project. With the application of the proposed
standards and provisions, including all requirements and reviews necessary to maximize compatibility of
land uses, staff promotes the subject amendments as an improvement to the IPUD zoning district and
corridor, and mechanism to promoting desirable development activity and growth in the City's tax base.
MR
Attachments
S:\Planning\SHARED\ WP\SPECPROJ\CODE REVIEW\CDRV 09-008 Water-dependent uses\Statfreport - water related uses in IPUD.doc
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EXHIBIT A
10/19/2009
1. INFILL PLANNED UNiT DEVELOPMENT (IPUD). The InfiH Planned Unit
Development (IPUD) District standards and regulations are created for the purpose of
allowing flexibility to accommodate infill and redevelopment on parcels less than five (5)
acrcs in size. Parcels five or more acres in size shall comply with nonnal Planned Cnit
Development regulations found in Chapter 2.5 of the Land Development Regulations.
1. Intent and expectations.
a. The IPUD regulations arc intended to be used in situations where new
development or redevelopment is proposed within an already developed area or
neighborhood located in the Federal Hig/nvay Corridor Community Redevelopment Plan,
Study Areas I and V. A mixture of uses including residential, retail commercial and
office, may be allowed to the extent tllat no land use conflicts will result and the basic
intent of the Zoning Code and the Comprehensivc Plan will be followed. This district is
also intended to promote water access and recreational opportunities with
accommodations of uses including marine-oriented and water dependent uses in both
mixed-use developments l;llJ~Jjm~ted single-use proiects.
b. It is a basic public expectation that landowners requesting the use ofthe
IPUD district will develop design standards that exceed the standards of the basic
development standards in terms of site design, building architecture and construction
materials, amenities and landscape design. The extent of variance or exception to basic
design standards, including but not limited to requirements for parking spaces, parking Jot
and circulation design, and setbacks, will be dependent on how well the above-stated
plmming expectations are met in the proposed development plan.
c. The IPUD shall minimize adverse impacts on surrounding property. The
city is not obligated to automatically approve the level of development intensity
requested for the TPlm. Instead, it is expected to approve on 1y such level of intensity
that is appropriate for a particular location in terms of land use compatibilities. The city
may require, as a condition of approval any limitation condition, or design factor that will
provide a reasOnahle transition (0 adjaeerit development.
d. In order to be approved, an IPUD project must be compatible with and
preserve the character of adjacent residential neighborhoods. Further, it must be an
enhancement to the local area and the city in general. Presentation of projects that fail to
do so will be denied.
e. Each lPUD project is independent and will be evaluated solely 011 its own
merits. The inclusion of certain features in a previously approved IPUD proj ect will not
be entertaincd as a valid argument for the inclusion of that same feature in any other
IPUD project iIthe city decides to reject those features.
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10/19/2009
2. Application process.
a. The procedures and requirements for applying for rezoning to the IPUD
district are the same as those for rezoning to tne Plm district as stated in Chapter 2.5,
Section 10, of the Land Development Regulations_
b. When the IPl;1) is to be developcd in a single phase, the site plan for the
development may also represent the master plan.
c. The entire property proposed for development as an IPUD shall be under
cornman ovmership or unified control, so as to ensure unified development.
3. Development standards.
Minimum lot area: 1 acre':
Maximum lot area: 5 acres
Maximum height: 45 feet (lesser height may be required for compatibility with
adjacent development)
Maximum lot coverage (building): 50%
Maximum density: Determined by land use 10.8 du/ac for land classified High Density
Residential (HDR) or Local Retail Commercial (LRC); or 20 du/ac for lands classified
Special High Density Residential
Minimum usable open space per dwelling unit: 200 square feet
Perimeter setbacks: Shall mirror setbacks of adjacent zoning district(s) but with a
minimum of the setback required for a single-family residence, as determined by the
orientation of stmctures in the IPUD. **
* Single marine-oriented and water dependent uses require a mininllun lot area of [our
(4) acres.
~~____Als_Q___~ge':.4,h,"_I:J~JQ~JQI_~ddi ti on al requi remenrs.
4. Additional standards.
a. Building design elements.
(1) Massing. The proportions and relationships of the vmious
architectural components of the buildings should be utilized to ensure compatibility with
the scale of other development in the vicinity. The buildings should not detract from or
dominate the surrounding area.
(2) Materials. A variety of materials must be utilized to provide visual
intcrcst to the buildings. Colors and materials must be selected for compatibility with the
site and the neighboring area. The exterior building design must be coordinated on all
elevations with regard to color, materials, mchitectural form, and detailing to achieve
design hmmony and continuity.
2
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10/19/2009
(3) Articulation. Well-articulated buildings and architectural interest and
variety to the massing of a building and help break up the monotonous facades. A variety
of featmcs must be incorporated into the design of the buildings 10 provide sufficient
articulation of the facades. This may be achieved by incorporating the use of vertical
and/or horizontal reveals, step backs, modulation, projections, roof detailing, and three
dimensional details between surface planes to create shadO\v line and break up flat
surface areas.
(4) Overall design. Design of the project shall be tailored to the specific
site and shall take into consideration the protection and enhancement of any natural
features of or adjacent to the site as an element in the overall design.
b. Scrccning and buffering.
(1) Appropriate screening and buffering will be required.
(2) Such screening must shield neighboring properties from any adverse
effects of the proposed development
(3) Screening and buffering must also be used to shield the proposed
development from the negative impacts of adjacent uses.
(4) Special emphasis should be placed on screening the intrusion of
automobile headlights on neighboring properlies from parking areas and driveways.
c. Pedestrian circulation.
(1) Pedestrian circulation should be careful1y planncd to prevent
pedestrian use of vehicular ways and parking spaces.
(2) In all cases, pedestrian access shall be provided to public walkways.
(3) Pedestrian circulation design shall promote interconnectivity within
and between land uses to discourage unnecessary use of the automobile and reduce
vehicle miles traveled.
d. Usable open space.
(1) Shall be required for residential development projects and mixed-use
residential projects;
(2) Shall include active or passive recreational space;
(3) Shal1 not be occupied by streets, drives, parking arcas, or slructures
other than recreational structures;
3
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10/19/2009
(4) Shall he designed to be available and accessible to every dwelling Ul1it
proposed;
(5) Shall, where feasible, be centrally located in the development; and
(6) ShaH not include private courtyards natural areas and water bodies.
e. Trash collection.
(1) Special emphasis shall be placed on trash collection points.
(2) Trash containers or dumpsters must be screened and designed such that
they arc not visible [rom or disruptive to adjacent properties, streets, and rights-of-way
while still being convelliently accessible to their users and collectors.
(3) Dumpsters or trash containers sna11110t be located within setbacks
abutting single-family residential developments.
f. Mixed land uses.
(1) Within the IP1JD district, mixed land uses may be proposed.
(2) Commcrcial uses shall only be allowed for developments fronting on
streets classified as "arterial" on the "Functional Classification of Roadways" map in the
Boynton Beach Comprehensive Plan.
(3) Such dcvelopment must be found compatible with adjacent uscs and
established design characteristics.
(4) AllY commercial uses shall be small-scale retail and services, primarily
to serve the residents of the IPUD, and not the public in general, except for uses
qllalifyinr; under "4.g." below.
(5) Any commercial uses must fi'onl on the alterial roadway or on an
access wholly contained within the project with neither entrance nor exit on or visible
from or disruptive to adjacent properties, streets, and rights-of-way.
g. Marine-miented al1d water dependent uses.
(n Within the IPUD district, uses shall be encouragegtUfltm<,:rease water
acce~~.~!JlgI~fl.'~:lti9_nal opportullities to the community. so as to_~IJP..R9J1 a mix of uses,
Y{:lt~~T<,l99.~,s.L<lJl.d minimized travel distances.
(2) In addition to adherence Lo the other development regulations and
compatibilitv language contained witrin the entire IPUD sectiOI:\9Uht:'. code, any marine-
orientecl.QrY{.<!tc,:Lcl~endent use shall also confonn with the regllirc,:ments listed herein.
4
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0) Principal land llses may include hoat and yacht clubs, and private or
public marinas (see Part III, Chapter 1, Definitions). However major repairs and boatels,
or residing on boats, shall bc prohibited in the I'pUD district. Additionally, all sale or
minor repair of boats, or components thereof shaltQ.nlv occur within a fully encJ9i>~cl
structure. ''[h~i)J~9venoted principal uses, whQ]}Qgmpined with residentiat!ti>9'i,jP. whiCh
the resjgmti<lJ component occupies 25% or more oftne total land area, shall be
considered permitted uses, othcrwise such marine uses shall rcyuire conditional use
approval.
(4) The following uses shall be._<lU9'^::9d as accessorv to on\<.QLt~
nrincipa1 111.;lXin9JIses described above: boat brQ!:c9r:igeS, ship's stores, tackle shops,
maritime Il)Jt$~WDS or other related educational uses, restaurants, boat ramps, and other
launching facilities.
(5) Maline-oriented and water d(O;P~ncl.ent uses shall meet al.Lr~gl,lirements
of subsect.i9.!1.'~.4J" above. with the exception 9L.'.'4. f. (4)".
(6) No outdoor dry storing or stackini!, o[boats or other related itcms shall
be allowed.
(7) Wash down and oth~LPQ.st-use servicing shaH.g.e done within the dry
~1Qgg~J~uilding or within an enclosed.i>l!JJgture (i.e. three-sided and roofed) designed and
oriented to minimize extcmal impacts.
(8) Water used for flushing and other cleaning actjyit!es shall be properl"
metreated prior to discharge into l!JQ"tormwater system, anQfQDservation measures sh<!ll
j;J.~ considered to facilitate rec!.~m~ti9n/recvcling.
(9) No outdoor speakers shall be allowed other than lor low volume music
that is not audible off-site.
(10) In aqgjtigll to adhering to the Citv'_s"ound regulations, no equipment,
machines. or tools shall be used between the bours of 8:00 a.m. and 6:00 p.m. that
gencrates noise unique to a residential neighborhood.
{II) Additional design regulationQ.fQIs~ommercial building"..::mcl boat
storage faci1iti~$,
(a) Architectural integration shall bc encouraged through the choice
of building materials, al"Cllitectural style, extensive use of windows. and choice of soft,
muted colors.
(h) All buildine,s shall incorporate 3600 architecture. a variety of
massing and building heights, and stepping roof lines.
(c) The use of standardized "corporate" arcbitecturali>t;(Jl:;s associated
5
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lO/19/2009
with chain-tvpc businesses is prohibited.
(d) To contribute to physical compatibility and minimize impacts on
(11",. residential fabric of adjacent neighborhoods, proiects adjacent to resj(lenti!!L2;Q.ning
districts shall be designed with residential charactet, unless a s1JQr,;IiQr,.BQn=r:",~i\l",IJtLaJ
design can be demonstrated. Residential designs shall include, but not be limited to, a
combination of actual and faux windows, balconies, porches. awnings and related
architectural details. The character shall either match or compliment established
architectural themes in the vicinity.
(e) All building facades shall include a repeating nattem that shall
include no less than three (3) of the following elements: color change, texture change,
material module change. or a change in plane of at least two (2) feet in depth. At least one
of these elements shall repeat horizontallv. All elements shall repeat at int~IT!!L~.J,lLBQ
J::n9:reltJ.an 30 feet. either horizontally or vertically. unless a su]]eriQr...QpsigIU;;m_ be
demonstrated at greater intervals. Recesses and projections shall be from finished grade
to rootline. and be a minimum of 10 feet in width.
(1) As an alternative to the required facade offsets noted above,
decorative and substantive rootline changes. when coupled with,.99IT(';,r:>12ondingly aligned
facade material changes, may substitute.
(c) A minimum of two different types of building materials shall be
used. with a 70 perccnt-30 percent ratio. A chall>!'e in stucco or use of windows will nol
count toward meeting this requirement
(h) Articulation in parapet wall shall be required with a minimum of
five (5) feet for front and side facades. and any facade oriented towards a street; and, two
and one half (2Y2) feet for rear facades.
(i) Parapet walls shall featl![~Jhr:e"'J:iimensional cornice treatment. to
provide a finished look from any angle. AqlitigBaIlY. a parapet reUlrn is required with a
lcngth equal to or exceeding the required parapet articulation.
(j) All customer entrances to the building shall be the focal point of
design. Architectural elements _ shalLjD~l~g~_ some combination of the following
improvements: vediments,_Ji.nte!r;;,..S:91umns. pila<>ters. porches. balconies. railings.
balustrades. and ornate moldings.
(1;:) On any retail or office building within a marine-oriented or water
dependent project. or any portion of a buildingj;iey()t~(:LJo such use. windows shall be of
pedestrian scale. recessed and vision glass witho]JtQ.b~tl}.lction.
(1) On any retail or office building within a marine-oriented or water
dependent proiect. on any facade on which a customer entrance to the building is located,
a minimum of 1.6 suuare foot of vision glass is required for each one (1 ) lineal foot of
6
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10/19/2009
.f,wa9,~
(m'l On an\' retail or office building within a marine-oriented or water
dependent proiect, on any other facade facing a public street. a minimum of 0.8 square
foot of vision glass is required for each one (I) foot.
(n) L,andscaping above and beyond the regulations cited elsewhere in
this code shall be required for all non-residential buildings in excess of 40,000 square
feet in order to reduce the perceived scale and massim~ of such.p.llilq,iJ.!@,.
(9) The width of the foundation pl;;mJipg areas visible from streets or
residential properti es shall be 50 percent of the facade height. The applicant may submit
an altemate planting plan that depicts the required screening/softening of the large
building facades. however in no instance shall the planting area be less than 12 feet in
width.
(N) . The hei ght of the plant material shall be ill relation to the height of
the adjacent facade or walL Fmiher, the height of 50 nereellt of the required trees or
palms shall be a minimum of two-thirds (2/31 of the height of the building. One (1'1
canopy tree or a cluster of three (3'1 palm trees shall b~il;).l;t:l:lled within the fOU!ldation
planting _m:Q!:l-~(,';y.;;;ry 20 feet on center along each facag.~.yisible ITom streets or residenti<!l
~tli~~,__CanonY and palm trees shall be distributed along the entire fa~.ade where
foundation landscaning areas arc rCQuired, with understory plant material arranged in the
areas between the low growing shrubs and tree or palm canopies. The applicant mav
submit an altemate planting plan that depicts the rearrangement of plant material in order
not to interfere with r.s<gJdir~g building enhances discussed her()ill,
(q) A perimeter landscape barrier shall be required between
incompatible uses and/or zoning districts: or where there are differences in density.
intensity. or building heights or mass: or for those certain uses requiring additional
screening in ol'der to shield outdoor storage or operatiQp'~. The barrier shall consist of a
deeoratiy~J)lln~r wall of at least six (6) reet in htight,jn addition to a variety of densely
rlantyc,tJrees, hedges and slmlbs. In areas where sufficient width is provided or staff
determines additional buffcrinl! is warranted, a beml mav be rcquired in addition to the
above regulations.
Ir) The applicant shall demonsJrfltyJhrough site design and buff"png
hQW~911nd associated 'With the non-residential components of the proiect will be
mitigated.
h. Compatibility with surrounding development.
(1) Compatibility will be judged on how well the proposed development
fits within the context of the neighborhood and abutting properties. For this purpose,
7
- 438 -
10/19/2009
elevations and cross-sections showing adjacent structurcs shall be included with the site
plan application.
(2) If vegetation, screening or other barriers and/or creative design on the
perimeter of an IPUD achieve compatibility with adjacent uses, the city may grant some
relieffrom the following two rcquirements:
a. Any IPUD located adjacent to an existing single-family residential
deve10pment(s) must locate structures of the same unit type or height allowed by the
adjacent zoning district(s), with the exception of a use approved in accordance with
subsection "4.g." ahove.
b. Structures on the perimeter of an IPUD proj ect, in addition to the
basic setback requirements, must be set back one (1) additional foot for each one (1) in
heigbt for tbe perimeter stmctures that exceed thirty (30) feet. A structure shaJ.Lbs;
considered to be on the perimeter if there is no intervening buildinll between it and the
propelty linc.
(3) If an IPUD is located with frontage on the Intercoastal Waterway,
conditions of approval shall inelude a deed restriction requiring that any dockage built
wi11not exceed in width the boundaries ofthe project's actual frontage on tbe water,
regardless of what any otber governing or permitting entity may allow or penuit.
1. Vehiculal' circulation.
(l) Privately o\Nued streets providing secondary vehicular circulation
internal to the IPUD may be considered for approval witl1 rights-of-way and pavement
widths less than the requirements stated in the city's Land Development Regulations.
However, in no case shall health, safety and/or welfare be jeopardized.
(2) Roadways providing external connections to the city's street network
shall meet all requirements contained in the city's Land Development Regulatiol1s.
i. Parking. For minimum parking standards and calculations, see Chapter 2,
Zoning. Section II. H. 16.e (10).
k. Exterior lighting. Lighting ofthe exterior, parking areas and watercraft
docking facilities of the planned development shall be of the lowest height, intensity and
energy use adequate for its purpose, and shall not create conditions of glare that extend
onto abutting properties.
}. Natural features. The physical attributes of the site shall he respected witb
particular concern for preservation of natural featmes, tl'ee growth and open space.
8
- 439 -
EXHIBIT B
Zoning and "Preferred" Boat Siting Designations
o 62.5125 250 375 500
Feet
- 440 -
12. B
LEGAL
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
D ANNOUNCEM ENTS/PRESE NTA TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA i:8J LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE 09-048 -- SECOND
READING - Parking requirements for dry boat storage and private marinas (CDRV 09-008). Request to
amend Part III, Chapter 2, Zoning, Section 11.H.16(e)(10) to add separate parking standards for private
marinas including dry boat storage. This amendment is in conjunction with the related amendments to
the IPUD zoning district for marine-oriented and water-dependant uses, as processed by Ordinance 09-
044.
EXPLANATION OF REQUEST: Staff memorandum No. 09-068 is attached (less the exhibits which
do not relate to the proposed parking amendments) describe the proposed amendments in
association with the pending changes to the IPUD zoning district (CDRV 09-008). The staff
report describes the parking requirements that would correspond with the private marinas and
dry storage uses to be accommodated by Ordinance 09-044. The accompanying amendments
to the City's parking standards affect a separate section of Chapter 2. Zoning, and therefore
are codified by a separate ordinance.
Current parking standards only apply to more intensive and active marinas limited to wet slips
intended to accommodate commercial vessels used for drift fishing, sightseeing, diving, or for
rent or charter. The proposed changes would accommodate the less-intensive, private marinas
with dry storage, wet slips primarily used for temporary storage of boats, and sales
showrooms. The proposed changes would insert the following ratios into the City's parking
requirements, as applicable to private marinas that exclude commercial vessels and related
businesses:
One (1) parking space per five (5) wet or dry storage slips; and
One (1) parking space per 500 square feet of boat showroom
- 441 -
The Planning & Development Board and City Commission first reviewed these proposed
changes in October and November, as part of their review of the greater amendments to the
IPUD district regulations. The Board forwards them to the Commission with a
recommendation of approval. The subject amendments are city-initiated, and are therefore
supported by city staff.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT: Possible benefit to property tax base with the ultimate development of vacant,
under-utilized, or inactive property.
ALTERNATIVES: Not approve or approved with changes.
- 442 -
ORDINANCE NO. 09-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 2
"ZONING", SECTION 1l.H.16.e(10) OF THE CITY OF BOYNTON
BEACH LAND DEVELOPMENT REGULATIONS TO PROVIDE
FOR PARKING REQUIREMENTS FOR MARINAS THAT DO
NOT HA VE COMMERCIAL VESSELS; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, the Development Department has made recommendations to amend the Land
Development Regulations to provide for parking requirements for marinas that do not have commercial
vessels; and
WHEREAS, the City Commission has considered the recommendations and finds that the
amendments will be an improvement to the IPUD zoning district and corridor, and provide the ability
for non-commercial marinas to provide services to the public.
WHEREAS, the City Commission finds that the proposed amendment is in the best interests of
the public's health, safety, and welfare, and provides a mechanism to promoting desirable development
activity and growth in the City's tax base.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing whereas clause is true and correct and is now ratified and confirmed
by the City Commission.
Section 2.
That Chapter 2, "Zoning", Section 11.H.16.e(IO) of the City of Boynton Beach Land
Development Regulations is hereby amended to read as follows:
(10) Marinas: One (1) parking space per boat slip, plus required parking spaces for any other
principal uses, including hotels and motels, restaurants, retail floor area, Charter boats, sightseeing
boats, drift fishing boats, and outdoor lots occupied by boats for sale or for rent. Marinas without
commercial vessels: One (1) parking space per five (5) wet or dry storage slips. and one (1) parking
space per 500 square feet of boat sales showroom.
Section 3.
Each and every other provision of the Land Development Regulations not herein
specifically amended, shall remain in full force and effect as originally adopted.
- 443 -
Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with
any provisions of this ordinance are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 6. Authority is hereby given to codify this Ordinance.
Section 7. This Ordinance shall become effective immediately.
FIRST READING this _ day of ,2009.
SECOND, FINAL READING AND PASSAGE this _ day of ,2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
- 444 -
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 09-068
TO:
Chair and Members
Planning & Development Board
Michael W. Rumpf
Director of Planning and Zoning
October 13, 2009
Infill Planned Unit Development (IPUD) Zoning District-
Marine-oriented & water-dependent uses (CDRV 09-008)
Interim amendments to Land Development Regulations
FROM:
DATE:
RE:
NATURE OF REQUEST
Staff is proposing interim amendments to the Land Development Regulations (LDR) that correspond
with pending Comprehensive Plan text amendments. The intent of the proposed text amendments is to
incorporate "surface water" provisions that support greater water access including accommodations for
marina uses in the coastal area consistent with the County's Manatee Protection Plan. The proposed
code amendments represent the implementing of land development regulations required by proposed
Policies 1.3.1 and 7.11.7. Such amendments incorporate into the Infill Planned Unit Development
District (IPUD) use provisions and development standards to guide the addition of certain marine-
oriented and water-dependent uses as either mixed-use or limited single-use projects. An excerpt of
proposed Policy 1.3.1 reads as follows:
The Citv shall also establish land development ref!ulations that maximize land use compatibilitv and
protect residential neif!hborhoods from nef!ative impacts of subiect uses.
The proposed amendments are intended to protect residential neighborhoods from negative impacts
through, in part, proper height and setback requirements, appropriate landscaping, and design and
operational requirements.
BACKGROUND
The proposed Comprehensive Plan text amendments were initiated by city staff in July of this year, and
approved by the City Commission for transmittal to the Department of Community Affairs (DCA) on
September 1 st. Said amendments were drafted referencing the general theme of Florida Statutes, Chapter
163.3177(6)(a) to consider manatee protection needs, protection of working waterfronts, public access,
and recreation and economic demands within the Comprehensive Plan. Further, the amendments were
initiated to support economic development by increasing development options for those properties that
are victims of the residential real estate crisis. To encourage both marina and other water-related uses,
and particularly to accommodate such uses in a mixed-use setting, the IPUD zoning district was the
target of this amendment.
The key elements of the proposed Plan and Code amendments include a geographic limitation to those
areas identified with the "Preferred" siting category as delineated in Palm Beach County's Manatee
Protection Plan (see proposed Policy 1.3.1), and the proposed development regulations that indicate the
new permitted and conditional uses, and design standards intended to maximize the compatibility of
- 445 -
such facilities within the varying land uses characteristic of the City's waterfront.
Although marinas and other water-dependant uses proposed by these amendments are typically allowed
in commercial, recreational or even use-specific zoning districts (i.e. "marina" district), the IPUD zoning
district is proposed for this amendment, expanding its role as a mixed-use zoning district for the US-1
corridor, and given the proximity of property currently zoned IPUD to the "Preferred" facility siting
designation as adopted in the Manatee Protection Plan. Furthermore, the IPUD zoning district is a
planned district, and therefore requires the rezoning process and a master plan as part of its development
review. The more thorough review and scrutiny facilitated by the rezoning process is necessary to ensure
land use compatibility through the case-by-case application of both objective and subjective design
standards.
PROPOSED AMENDMENTS
The proposed use provisions and development standards are intended to facilitate the integration of
selected water dependant uses into that limited portion of the coastline identified with the "Preferred"
siting designation. The proposed amendments are attached in their entirety hereto (see Exhibit "A"),
with selected portions featured or referenced and explained below.
The proposed land development regulations are to be incorporated into Part 3, Chapter 2. Zoning,
Section 5.L. Infill Planned Unit Development. With respect to site standards, existing code is to remain
unchanged with the exception of two footnotes (as underlined) that 1) add a separate minimum lot size
standard for single-use projects; and 2) insert a simple reference for a section containing related
provisions. Section 3. Development Standards is proposed with the simple additions as follows (see
underlined text):
3. Development standards.
Minimum lot area:
Maximum lot area:
Maximum height:
development)
Maximum lot coverage (building): 50%
Maximum density: Determined by land use 10.8 duj ac for land classified High Density
Residential (HDR) or Local Retail Commercial (LRC); or 20 dujac for lands classified Special
High Density Residential
Minimum usable open space per dwelling unit: 200 square feet
Perimeter setbacks: Shall mirror setbacks of adjacent zoning district(s) but with a minimum
of the setback required for a single-family residence, as determined by the orientation of
structures in the IPUD.':::::
1 acre':::'
5 acres
45 feet (lesser height may be required for compatibility with adjacent
* Single marine-oriented and water deoendent uses reauire a minimum lot area of four (4)
acres.
** Also see "4.h." below for additional requirements.
The majority of the proposed changes are concentrated in a new Section 4.g, which contains standards
and requirements that could be described under five (5) headings: use provisions; operational provisions;
building design standards; landscaping/buffering and parking standards.
Use Provisions
The use provisions are specifically contained within Section 4(g)(3) and (4) which are indicated below:
- 446 -
(~) Princioalland uses mav include boat and vacht clubs, and orivate or oublic
marinas (see Part III. Chaoter 1. Definitions). However maim reoairs and boatels, or residing on
boats, shall be orohibited in the IPUD district. Additionallv, all sale or minor reoair of boats, or
comoonents thereof, shall onlv occur within a fullv enclosed structure. The above noted
principal uses. when combined with residential uses. in which the residential component
occupies 2S% or more of the total land area. shall be considered permitted uses. otherwise such
marine uses shall require conditional use approval.
(4) The following uses shall be allowed as accessory to one of the orincioal marine
uses described above: boat brokerages, shio's stores, tackle shoos, maritime museums or other
related educational uses, restaurants, boat ramos, and other launching facilities.
The proposed amendment is intended to allow for a range of water-dependent uses with an emphasis on
active operations with certain service and other commercial functions being limited to an accessory, and
properly regulated role. For example, major boat repairs are not allowed, and sales and minor service
functions must occur within an enclosed building to avoid the associated negative aspects such as noise
and visual impacts.
Ooerational Provisions
The operational standards and provisions are also intended to further minimize noise and visual impacts
as well as to promote water quality and conservation. In summary, Section 4(g)(6-10) prohibits any
outdoor storage of watercraft; requires post-use servicing to be within the principal building or in an
enclosed, or partially enclosed building; requires that pretreatment measures be applied to water used in
engine flushing; and promotes the consideration of water recycling or reclamation as part of its service
function. Lastly, the operational requirements preclude the use of any outdoor speakers, and restricts the
use of equipment that generates noise not typically generated by, and commonly accepted within, a
residential neighborhood, to the hours of 8:00 a.m. and 6:00 p.m. The proposed regulations are based, in
part, on staff findings from a visit to a modern marina in Deerfield Beach called Marina One. The most
noticeable impacts of the operation included sounds generated by the servicing of the boats following
use (e.g. engine flushing), and an audible "beeping" sound generated for safety purposes by the heavy
boat-lift vehicle while backing up.
Design Standards
Additional design standards are proposed for application to new marine-oriented and water dependent
land uses within the IPUD district. Such standards continue placing the same strong emphasis on land
use compatibility as originally written into the IPUD district, with the majority of them specifically
intended to optimize residential compatibility, minimize the appearance of bulk and mass, and maximize
aesthetic quality. Given the potential size and mass of buildings within a marina or related use, many of
the standards are based on the principals of "big box" commercial regulations by precluding large blank
walls and the use of minimal materials, and requiring "360 degree architecture", residential design
styles, and the use of both vision (real) glass windows and faux windows. For example, given the
possible close proximity to single-family neighborhoods, Section 4.g.11(d) requires large commercial or
boat storage buildings to be designed with a residential architectural style and reads as follows:
(d) To contribute to ohvsical comoatibilitv and minimize imoacts on the residential
fabric of adiacent neighborhoods, oroiects adiacent to residential zoning districts shall be
designed with residential characte. unless a superior. non-residential design can be
demonstrated. Residential designs shall include. but not be limited to. a combination of actual
and faux windows. balconies. porches. awnings and related architectural details. The character
shall either match or compliment established architectural themes in the vicinity.
- 447 -
However, recognizing the importance of flexibility and possible design options, this requirement also
allows for an alternative design style which would be reviewed on a case-by-case basis.
With respect to the emphasis on avoiding blank walls, Section 4.g.11 (b ), (d), (e), and (g), all require
fa<;ade enhancements, whether generally or specifically, and require minimum building materials, muted
colors, articulation, repeating patterns, enhanced entrances and real and faux enhancements such as
windows, balconies, awnings, and porches.
Landscaping Standards
Additional landscaping regulations are also proposed, in addition to the screening and buffering
requirements currently within the IPUD district. These additional standards are both objective and
subjective and require: enhanced landscaping screening and buffering on large projects; landscaping
buffer widths and tree sizes to be proportional to the building height; and application of the landscape
"barrier" which is the most dense landscaping buffer design as currently defined in the City's
landscaping regulations. The landscape "barrier" is intended to separate land uses with differing
intensities. The proposed additional buffering requirements are found in Section 4.g.11(n), (0), (p), and
(q).
Parking Standards
The City's parking space requirements are within Part III, Chapter 2, Section 11.H.16 of the Land
Development Regulations, and Section H.16.e(10) contains the sole parking ratio applicable to marinas;
One (1) parking space per boat slip. As this standard is primarily applicable to wet slips and active
marinas, and is not sensitive to lower parking requirements of indoor (dry) storage uses as well as other
operational components of private marinas, staff proposes to amend and expand Subsection "e(10)" to
require the following parking space ratios:
. One (1) parking space per five (5) wet or dry storage slips; and
. One (1) parking space per 500 square feet of boat showroom.
As for the more active and intensive parking users of marinas, requiring at least a 1 per 1 ratio,
Subsection "e(ll)" of the current regulations will remain unchanged and applies to charter, drift fishing,
and sightseeing boats requiring a minimum of one (1) parking space per three (3) seats within a
watercraft.
Whereas current regulations are tailored more for public, outdoor and/or "working" marinas, the
proposed amendments are written to require minimum parking at private marinas containing a
combination of principal components such as dry storage, boat sales, and wet slips, and are intended to
avoid excessive parking by accounting for operational and use characteristics including accessory
components such as meeting or club facilities, supply stores, and office and administrative space.
CONCLUSIONS/RECOMMENDA TION
Currently, marina uses are allowed within the CBD, C-3 and mixed-use zoning districts; however, dry
storage, often a typical component of private marinas, is not allowed within the CBD and mixed use
districts. As indicated above, the IPUD district is being targeted for this amendment given its intended
application along certain segments of the City's waterfront, its proximity to the "Preferred" facility
siting designations as adopted in the County's Manatee Protection Plan, the opportunity to combine such
uses within a mixed-use setting and/or within a planned (master planned) project, and given the
opportunity to increase the development or redevelopment potential of properties that have been affected
by the residential real estate crisis. Although compatibility with residential neighborhoods continues to
be a priority, it should be noted that the land use characteristics along that portion of the shore
- 448 -
designated for marinas is varied and includes a mix of 2 isolated single-family neighborhoods,
townhomes, multi-family projects, two public parks (1 with boat ramps), vacant property and spotted
commercial uses along US-1 (see Exhibit "B"). Furthermore, an older marina exists in this vicinity, just
north of the City's boundary and abutting The Peninsula project. With the application of the proposed
standards and provisions, including all requirements and reviews necessary to maximize compatibility of
land uses, staff promotes the subject amendments as an improvement to the IPUD zoning district and
corridor, and mechanism to promoting desirable development activity and growth in the City's tax base.
MR
Attachments
S:\Planning\SHARED\ WP\SPECPROJ\CODE REVIEW\CDRV 09-008 Water-dependent uses\Statfreport - water related uses in IPUD.doc
- 449 -
12. C
LEGAL
January 5, 2010
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: January 5,2010
D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT
D ADMINISTRATIVE D NEW BUSINESS
NATURE OF D CONSENT AGENDA i:8J LEGAL
AGENDA ITEM CODE COMPLIANCE & LEGAL
D SETTLEMENTS D UNFINISHED BUSINESS
D PUBLIC HEARING D FUTURE AGENDA ITEMS
D OPENINGS D OTHER
REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 10-002 - FIRST
READING -- Approve changes to the Sewer Use Ordinances as per the revised Industrial Waste and
Pretreatment Agreement between the City of Boynton Beach, the South Central Regional Wastewater
Treatment and Disposal Board and the City of Delray Beach.
EXPLANATION OF REQUEST: The revised Industrial Waste and Pretreatment Agreement
between the City of Boynton Beach, the South Central Regional Wastewater Treatment and
Disposal Board and the City of Delray Beach was approved at the November 3,2009
Commission meeting. Incorporation of these new requirements/limits is a FDEP requirement
and, therefore, requires an amendment to the City's Ordinance. The requisite amendments are
summarized as follows:
Section of Industrial Waste and FDEP Regulation Requiring
City Code Section Summary of Amend ment Pretreatment Agreement Requiring
Amendment Amendment
Section 26-115 (po.3; po.11 add definition for "TTO" Section 4 (po.8) 40 CFR 403
remove rule for water containing
Section 26-143 (Ll ammonia Section 11 . B) 3 40 CFR 403
remove rule for water containing
Section 26-147(b)(1)c. ammonia Section 11 . B) 3 40 CFR 403
correct tabled values for calculation
Section 26-162(2)(c)(1) of sewer discharge Section 10. 0)(16). 0)(17). 0)(18) 40 CFR 403
add FOEP required language via Rule 62-625.500(2)(a). FAC.' and
Section 26-169 (intro) intro paragraph N1A Section 10.4 of the Model Ordinance2
correct referenced sections and add Rule 62-625.400(1)(b). FAC. and
Section 26-172 FOEP required language N1A Section 13.2 of the Model Ordinance
maKe rUt::t-' reqUlrea language KUle oL- . r.A.L; ana
Section 26-177(d) revisions to (d) N1A Section 6.8 of the Model Ordinance
1 _ Florida Administrative Code
2 _ Model Ordinance refers to the 1992 Model Pretreatment Ordinance (EPA 833-B-92-003) prefBred by the U.S. EPA Office of Wastewater
Enforcement and Compliance. Permits ~ivision. A copy of the model ordinance can be found in the State of Florida Guidance Manual for
Pretreatment Programs.
A table referencing the new limits is also attached as backup.
- 450 -
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT: None
ALTERNATIVES: Do not amend the City's Ordinance. However, this will create confusion and
possible violations due to outdated pretreatment limits.
- 451 -
ORDINANCE NO. 010-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 26.
WATER, SEWERS AND CITY UTILITIES, ARTICLE IV,
SEWERS AMENDING DIVISION 4. INDUSTRIAL AND
COMMERCIAL WASTE TO INCORPORATE THE NEW
REQUIREMENTS CONTAINED IN THE REVISED INDUSTRIAL
WASTE AND PRETREATMENT AGREEMENT TO COMPLY
WITH FDEP REQUIREMENTS; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, on November 3, 2009, the City of Boynton Beach approved a revised Industrial
Waste and Pretreatment Agreement between the City of Boynton Beach, the South Central Regional
Wastewater Treatment and Disposal Board and the City of Delray Beach; and
WHEREAS, the Florida Department of Environmental Protection requires that these new
limits/requirements contained in the revised Industrial Waste and Pretreatment Agreement be
incorporated in the City's Code of Ordinances; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida has determined that it
is in the best interests of the citizens and residents of the City to amend Division 4 of Chapter 26,
clarifying certain subdivisions and bringing others into compliance pursuant to the revised Industrial
Waste and Pretreatment Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section l.
by this reference.
Section 2.
Each Whereas clause set forth above is true and correct and incorporated herein
That Chapter 26, Article IV, Sewers, Division 4 is hereby amended by adding the
words and figures in underlined type, and by deleting the words and figures in struck-through type, as
follows:
CHAPTER 26:
WATER, SEWERS AND CITY
UTILITIES
SECTION 4.
INDUSTRIAL AND COMMERCIAL
WASTE
- 452 -
26.115 Definitions
The following abbreviations, when used in this ordinance, shall have the designated meanings:
BOD
CFR
COD
DEP
EPA
FAC
gpd
mg/l
NPDES
POTW
RCRA
SIC
TSS
Biochemical Oxygen Demand
Code of Federal Regulations
Chemical Oxygen Demand
Department of Environmental Protection
United States Environmental Protection Agency
Florida Administrative Code
gallons per day
milligrams per liter
National Pollutant Discharge Elimination System
Publicly Owned Treatment Works
Resource Conservation and Recovery Act
Standard Industrial Classification
Total Suspended Solids
USC
WWF
United States Code
Wastewater F acili ty
For the purpose of this chapter, all definitions shall be applied and interpreted in accordance with 40
CFR 403, as amended.
"Act" and "The Act". The Federal Water Pollution Control Act, also known as the Clean Water Act of
1977, as amended, 33 U.S.C. 1251, et seq.
"Approval Authority". The Florida Department of Environmental Protection.
"Authorized Representative of the User".
(1) If the user is a corporation:
a. The president, secretary, treasurer, or a vice-president of the corporation in charge
of a principal business function, or any other person who performs similar policy or
decision-making functions for the corporation; or
b. The manager of one or more manufacturing, production, or operation facilities
employing more than two hundred fifty (250) persons or having gross annual sales or
expenditures exceeding twenty-five (25) million dollars (in second-quarter 1980
dollars), if authority to sign documents has been assigned or delegated to the manager
in accordance with corporate procedures.
(2) If the user is a partnership or sole proprietorship: a general partner or proprietor,
respecti vel y.
(3) If the user is a Federal, State, or local government facility: a director or highest official
appointed or designated to oversee the operation and performance of the activities of the
government facility, or their designee.
- 453 -
(4) The individuals described in paragraphs 1 through 3, above, may designate another
authorized representative if the authorization is in writing, the authorization specifies the
individual or position responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental matters for the
company, and the written authorization is submitted to the City.
"Board". The South Central Regional Wastewater Treatment and Disposal Board, including, in the
appropriate case, the regional treatment facilities, and all its other attendant facilities.
"Board (WWF)". The Board of Directors of the South Central Regional Wastewater Treatment and
Disposal Board.
"B.O.D. (Denoting Biochemical Oxygen Demand)" The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedures for five (5) days at 200 centigrade,
usually expressed as a concentration (e.g., mg/l).
"Building Sewer". Sewer conveying wastewater from the premises of a user to the collection system whi
transmits wastewater to the WWF.
"Categorical Pretreatment Standard" or "Categorical Standard". Any regulation containing pollutant dischaJ
limits promulgated by EP A in accordance with Sections 307(b) and (c) of the Act (33 USC Section 1317) whi
apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
"Chemical Oxygen Demand (C.O.D.)". A measurement of the oxygen equivalent of the organic matter content
a sample that is susceptible to oxidation by a strong chemical oxidant using procedures listed in 40 CFR 136.
"City". The City of Boynton Beach; all that land and water area included within the boundaries of the "City"
which the Commission proposes to acquire, establish, construct, extend, operate, and maintain sanitary sewerc
facilities, except as follows:
(1) All state and federally owned land and water area located in the city or county, except where 1
state and federal government consent to the provisions of this chapter.
(2) All land and water area duly franchised by the city or county to privately owned sewer util
companies for the provisions of sewer service, except where the privately owned sewer util
companies consent to the provisions of this chapter.
"Collection System". The system of public sewers to be operated by the city and connected to the WWF
facilities.
"Compatible Pollutant". A substance amenable to treatment in the wastewater treatment plant such as
biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional
pollutants identified in the NPDES permit if the wastewater facility was designed to treat those
pollutants, and in fact, does remove the pollutant to a substantial degree.
"Composite Sample". A series of samples taken over a specific 24-hour time period at intervals not to
exceed fifteen (15) minutes in the waste stream which are combined into one sample. Flow proportional
sampling is mandated unless circumstances do not permit it, then it shall be time proportional. Samples
shall be taken during effluent discharge times only.
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"Cooling Water". The water discharged from any use such as air conditioning, cooling, or refrigeration,
or to which the only pollutant added is heat.
"Direct Discharge". The discharge of treated or untreated wastewater directly to the waters of the State
of Florida.
"Director of Utilities, Utilities Director, or Director". This refers to the individual in charge of the
Utilities Department for the city.
"Discharge". Means disposal of, deposit, place, emit, unload, release or cause or allow to be disposed
of, deposited, placed, emitted, unloaded, or released.
"Domestic Wastewater". Wastewater derived principally from dwellings, commercial buildings,
institutions, and industry resulting from household or toilet waste resulting from human occupancy. It
mayor may not contain ground water, surface water, or stormwater.
"Environmental Protection Agency" or "EPA". The U.S. Environmental Protection Agency, or where
appropriate, the term may also be used as a designation for the Administrator or other duly authorized
official of that agency.
"Executive Director". The administrative director or his authorized deputy, agent or representative of
the South Central Regional Wastewater Treatment and Disposal Board. The Executive Director is the
authorized administration authority of the South Central Regional Wastewater Treatment and Disposal
Board.
"Existing Source". Any source of discharge, the construction or operation of which commenced prior to
the publication by EP A of proposed categorical pretreatment standards, which will be applicable to such
source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
"Garbage". The animal and vegetable waste resulting from the handling, preparation, cooking, and
serving of foods.
"Grab Sample". A sample which is taken from a waste stream on a one-time basis without regard to the
flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.
"Grantee". Recipient of a federal grant for all or a portion of a treatment works as administered by the
Environmental Protection Agency.
"Holding Tank Waste". Any waste from holding tanks such as vessels, chemical toilets, campers,
trailers, septic tanks, and vacuum-pump tank trucks.
"Indirect Discharge or Discharge". The introduction of non-domestic pollutants from any source
regulated under Section 307(b), (c), or (d) of the Act, (33 U.S.C. 1317), into the WWF (including
holding tank waste discharged into the system).
"Industrial or Commercial Waste". The liquid wastes from industrial, commercial, or institutional
processes as distinct from domestic or sanitary sewage.
"Industrial and Commercial Waste Discharge Permit". A permit issued to control the process flows
from industry, commerce, or institutions that may be discharged into the sanitary sewer system. This
permit is issued in addition to any other types of permits. When issued, the permit will define the
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characteristics and volume of the flow and acceptance or rejection of individual waste components
and/or require high strength waste surcharges.
"Industrial Cost Recovery". Recovery by a federal grantee from the industrially classified users of a
treatment works of the grant amount allocable to the treatment of wastes from those users.
"Industrially Classified User". An industrial or commercial user whose liquid wastes are, in part, made
up of flows related to industrial or commercial activities, as distinct from an industrial or commercial
user whose waste flows are primarily domestic or resulting from human occupancy.
"Industrial User". A source of indirect discharge and discharge of industrial and commercial waste
which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of
the Act. (33 U.S.C. 1342).
"Instantaneous Maximum Allowable Discharge Limit". The maximum concentration of a pollutant
allowed to be discharged at any time, determined from the analysis of any discrete or composited sample
collected, independent of the industrial flow rate and the duration of the sampling event.
"Interference". A discharge, which alone or in conjunction with a discharge or discharges from other
sources, inhibits or disrupts the WWF, its treatment processes or operations, or its sludge processes, use
or disposal; and thereafter, is a cause of a violation of the NPDES permit or of the prevention of sewage
sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits
hereunder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste
Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act
(RCRA); any State regulations contained in any State sludge management plan prepared pursuant to
Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and
the Marine Protection, Research, and Sanctuaries Act.
"Medical Waste:. Isolation wastes, infectious agents, human blood and blood products, pathological
wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory
wastes, and dialysis wastes.
"Milligrams Per Liter (mg/l)". The number of units of minor constituents present with each one million
(1,000,000) units of the major constituent of a solution or mixture. Milligrams per liter shall be
considered equivalent to parts per million.
"Monitoring Costs". Those costs incurred by the City in performing monitoring and/or sampling as
prescribed by 40 CFR 403.
"National Categorical Pretreatment Standard". Any federal regulation containing pollutant discharge
limits promulgated by the EP A which applies to a specific category of industrial users.
"National Pollutant Discharge Elimination System" or "NPDES Permit". A permit issued pursuant to
Section 402 of the Act (33 U.S.C. 1342).
"National Prohibitive Discharge Standard" or "Prohibitive Discharge Standard". Any regulation
developed under the authority of307(b) of the Act and 40 CFR, Section 403.5
"Natural Outlet". Any ditch, canal, stream, waterway, lake, river, pond, well, gully, or other water body.
"New Source".
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(1) Any building, structure, facility, or installation from which there is (or may be ) a discharge of
pollutants, the construction of which commenced after the publication of proposed pretreatment
standards under Section 307(c) of the Act which will be applicable to such source if such
standards are thereafter promulgated in accordance with that section, provided that:
a. The building, structure, facility, or installation is constructed at a site which no other
source is located; or
b. The building, structure, facility, or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing source; or
c. The production of wastewater generating processes of the building, structure, facility, or
installation are substantially independent of an existing source at the same site. In
determining whether these are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent to which the new facility is
engaged in the same general type of activity as the existing source, should be considered.
(2) Construction on a site at which an existing source is located results in a modification rather than a
new source if the construction does not create a new building, structure, facility, or installation
meeting the criteria of Section (l)(B) or (C) above but otherwise alters, replaces, or adds to
existing process or production equipment.
(3) Construction of a new source as defined under this paragraph has commenced if the owner or
operator has:
a. Begun, or caused to begin, as part of a continuous onsite construction program
(i) any replacement, assembly, or installation of facilities or equipment; or
(ii) significant site preparation work including land clearing, excavation, or
removal of existing buildings, structures, or facilities which is necessary for the
replacement, assembly, or installation of new source facilities or equipment; or
b. Entered into a binding contractual obligation for the purchase of facilities or equipment
which are intended to be used in its operation within a reasonable time. Options to purchase
or contracts which can be terminated or modified without substantial loss, and contracts for
feasibility, engineering, and design studies do not constitute a contractual obligation under
this paragraph.
"Non contact Cooling Water". Water used for cooling which does not come into direct contact with any
raw material, intermediate product, waste product, or finished product.
"Pass Through". A discharge of a pollutant from the WWF when such discharge causes a violation of
any requirement of the WWF's NPDES permit, or a violation of a State or Federal water quality standard
or increases the magnitude or duration of any violation and which is the result of a user's discharge of
the pollutant either alone or in conjunction with other user's discharges of the pollutant into the WWF.
A user contributes to pass through when the user:
(1) Discharges a pollutant concentration or a daily pollutant loading in excess of that allowed by the
City or by Federal or State law.
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(2) Discharges wastewater which substantially differs in nature and constituents from the user's normal
average discharge;
(3) Knows or has reason to know that its discharge, alone or in conjunction with discharges from other
users, would result in pass through; or
(4) Knows or has reason to know that the WWF is, for any reason, violating its final effluent limitations
in its NPDES permit and that such user's discharge either alone or in conjunction with discharges from
other users, increases the magnitude or duration of the WWF's violations.
"Person". Any individual, partnership, co-partnership, firm, company, association, society, corporation,
joint stock company, trust, estate, governmental entity, group, or any other legal entity; or their legal
representatives, agents, or assigns. This definition includes all Federal, State, and local entities.
"Point Source". The initial point of discharge into a sewer system.
"pH" Logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution; a
measure of the acidity or alkalinity of a solution, expressed in standard units.
"Pollutant". Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage,
sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials,
heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, and agricultural
wastes, and certain characteristics of wastewater (e.g. pH, temperature, TSS, turbidity, color, BOD,
COD, toxicity, or odor).
"Pollution". The man-made or man-induced alteration of the chemical, physical, biological, and
radiological integrity of water.
"Pretreatment". The reduction of the amount of pollutants, the elimination of pollutants, or the alteration
of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of
discharging or otherwise introducing those pollutants into a WWF. The reduction or alteration can be
obtained by physical, chemical, or biological processes, or process changes or by other means, except as
prohibited by 40 CFR Section 403.6(d).
"Pretreatment Requirements". Any substantive or procedural requirement for treating of a waste prior to
inclusion in the WWF.
"Pretreatment Standards". National Categorical Pretreatment Standards or alternative discharge limits,
whichever is applicable.
"Prohibited Discharge Standards or Prohibited Discharges". Absolute prohibitions against the discharge
of certain substances; these prohibitions appear in Section 26.142 of this ordinance.
"Properly Shredded Garbage". The wastes from the preparation, cooking, and dispensing of food that
have been shredded to a degree that all particles will be carried freely under the flow conditions
normally prevailing in public sewers, with no particle greater than I/2-inch (1.27 centimeters) in any
dimension.
"Public Sewer". A sewer in which all owners of abutting properties have equal rights, and which is
controlled by public authority.
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"Publicly Owned Treatment Works (POTW)". In this case, the regional treatment plant operated by the
South Central Regional Wastewater Treatment and Disposal Board, and the collection sewer system
owned and operated separately by the Cities of Delray and Boynton Beach. (also see Wastewater
Facility - WWF)
"Regional Treatment Facilities". The South Central Regional Wastewater Treatment Plant transmission
and disposal facilities as operated by the South Central Regional Wastewater Treatment and Disposal
Board of Palm Beach County, Florida.
"Replacement". Expenditures for obtaining and installing equipment, accessories or appurtenances
which are necessary during the service life of the treatment process facilities to maintain the capacity
and performance for which those facilities were designed and constructed.
"Sanitary Sewage". The household and toilet wastes resulting from human occupancy.
"Sanitary Sewer". A sewer which carries sewage and to which storm, surface, and ground water are not
intentionally admitted.
"Septic Tank Waste". Any sewage from holding tanks such as vessels, chemical toilets, campers,
trailers, and septic tanks.
"Sewage". A combination of the water carried wastes from residences, business buildings, institutions,
and industrial establishments, together with ground, surface, and stormwater that may be present.
"Sewage Works". All facilities for collecting, pumping, treating, and disposing of wastewater including
the WWF.
"Sewer". A pipe or conduit for carrying sewage.
"Shall" is mandatory; "May" is permissive.
"Significant Industrial User".
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
a. Discharges an average of twenty-five thousand (25,000) gpd or more of process
wastewater to the POTW (excluding sanitary, non contact cooling, and boiler blowdown
wastewater) ;
b. Contributes a process waste stream which makes up five (5) percent or more of the
average dry weather hydraulic or organic capacity of the POTW treatment plant; or
c. Is designated as such by the City on the basis that it has a reasonable potential for
adversely affecting the POTW's operation or for violating any pretreatment standard or
requirement.
(3) Upon a finding that a user meeting the criteria in Subsection (2) of this definition has no reasonable
potential for adversely affecting the POTW's operation or for violating any pretreatment standard or
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requirement, the City may at any time, on its own initiative or in response to a petition received from a
user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be
considered a significant industrial user.
"Significant Non-Compliance". Means that violations of this Ordinance by a user subject to
pretreatment standards meet one or more of the following criteria:
(1) Chronic Violation: 66% or more of all measurements taken for the same pollutant during a
six-month period exceeded (by any magnitude) the applicable daily maximum limit or the applicable
average limit;
(2) Technical Review Criteria (TRC) Violation: 33% or more of all measurements taken for the same
pollutant during a six-month period equaled or exceeded the product of the daily average maximum
limit or the average limit times the applicable TRC. (For categorical pretreatment limitations the TRC
equals 1.4 for BOD, TSS and Oil and Grease; and 1.2 for all other pollutants except pH);
(3) An effluent violation caused interference or pass through or endangered the health of City personnel
or the general public;
(4) A discharge caused imminent endangerment to human health, welfare or to the environment and
resulted in the City exercising its emergency authority under Section 26.147 of this Ordinance;
(5) Failure to meet a compliance schedule milestone date within ninety (90) days or more after the
scheduled date;
(6) Failure to submit a required report within thirty (30) days of its due date;
(7) Failure to accurately report non-compliance; or
(8) Any other violation or group of violations which the Director determines may cause interference or
pass through or will adversely affect implementation of the City's pretreatment program.
"Significant Violation". A violation that remains uncorrected 45 days after notification of non-
compliance; which is part of a pattern of non-compliance over a twelve-month period; which involves a
failure to accurately report non-compliance; or which resulted in the WWF exercising its emergency
authority under Section 403.8 (F)(I)(vi)(B) of the Act.
"Slug". Any discharge of water, sewage, or industrial waste which in concentration of any given
constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes
more than five (5) times the average 24-hour concentration of flows during normal operation.
"Standard Industrial Classification (SIC)". Classification pursuant to the Standard Industrial
Classification Manual issued by the Executive Office of the President, Office of Management and
Budget, as amended.
"State". State of Florida.
"Storm Drain" or "Storm Sewer". A sewer that carries stormwater and surface water, street wash, and
other wash waters or drainage, but excludes domestic wastewater and industrial and commercial waste.
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"Stormwater". Any flow occurring during or following any form of natural precipitation and resulting
therefrom.
"Superintendent". The person designated by the WWF to supervise the operation of the publicly owned
treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly
authorized representative.
"Surcharge". An extra charge levied to a user for treatment of compatible wastewaters that contain
substances in excess of specified maximum allowable limits.
"Suspended Solids". Solids that are in suspension in water, sewage, or other liquids and which are
removable by laboratory filtering.
"Toxic Pollutant". Any pollutant or combination of pollutants listed as toxic in regulations promulgated
by the Administrator of the Environmental Protection Agency under the provision of CW A 307(a) or
other acts.
"Treatment Plant". That portion of regional treatment facilities designed to provide treatment to
wastewater and is operated by the South Central Regional Wastewater Treatment and Disposal Board.
"Treatment Works". The wastewater treatment plant, interceptors, force mains, lift stations, and
collection systems.
"User". Any person who contributes, causes, or permits the contribution of wastewater into the WWF.
"User Charge" or "User Fee". A charge levied on the users of the treatment process facilities for the cost
of operation and maintenance of those facilities and other equitable and necessary charges.
"Wastewater". The liquid and water carried industrial or domestic wastes from dwellings, commercial
buildings, industrial facilities, and institutions, whether treated or untreated, which is contributed into or
permitted to enter the WWF.
"Wastewater Facility" (WWF). Any or all of the following: the collection/transmission system, the
treatment plant, and the reuse or disposal system.
"Wastewater Treatment Plant". Any arrangement of devices and structures used for treating wastewater,
such as the WWF.
"Watercourse". A channel in which a flow of water occurs, either continuously or intermittently.
26.143 Discharge Of Certain Wastes Restricted
No person shall discharge or cause to be discharged, the below described materials, waters, or wastes (collectively, the substances) if it
appears likely that acceptance of those wastes can harm the wastewater treatment process or equipment, the public sewers, the sanitary
sewer systems, or have an adverse effect on the receiving water body, or can otherwise endanger life, limb, public property, or constitute a
nuisance. The decision shall be based on those factors as the quantities subject wastes in relation to flows and velocities in the sewers,
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materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of
treatability of waste in the wastewater treatment plant, and other pertinent factors. The substances restricted are:
(a) Any liquid having a temperature higher than 150E F. or causing the wastewater treatment plant influent to exceed 104E F.
(b) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 milligrams per liter or
containing substances which may solidify or become viscous at temperatures between 32E F. and 150EF. (OE C. and 60E C.).
(c) Any waters or wastes containing strong acid, iron, pickling wastes, or concentrated plating solutions whether neutralized or not.
(d) Any waters or wastes containing phenols or other taste or odor producing substances, in a concentration exceeding limits which
may be established by the POTW as necessary after treatment of the composite sewage to meet the requirements of the state, federal, or
other public agencies of jurisdiction for that discharge to the receiving waters.
(e) Any garbage that has not been properly shredded, which shall mean particles in size no greater than 1/2 inches measured in any
dimension.
(f) Any water or wastes having a pH lower than 5.5 or higher than 9.5 or having any other corrosive property capable of causing
damage or hazard to structure, equipment, or personnel or any waste treatment works.
(g) Any waste containing restricted substances in quantities in excess ofthe following limits, measured at the point of discharge into
any sewer system, or any substance that will pass through the waste treatment facilities and exceed the local limits as adopted by the South
Central Regional Wastewater Treatment and Disposal Board as contained in the lnterlocal Agreement entered into between the City of
Boynton Beach and the City of Delray Beach. Such local limits are incorporated herein by reference.
(h) Any waste from sodirun-cycle action exchange (water softening) units from industrial or commercial users where the chloride
content exceeds milligrams per liter.
(i) Any water or waste containing suspended solids or color of a character and quantity that unusual attention or expense is required to
handle those materials at the waste treatment facilities without a special permit issued by the city.
(j) Any water or waste with a chlorine demand greater than 15 milligrams per liter.
(k) Any radioactive wastes or isotopes or half-life or concentration as may exceed limits established by the POTW in compliance with
applicable state or federal regulations.
(1) Volume of flow or concentration of wastes constituting a slug as defined in Section 26-115.
(m) Any waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment
processes employed, or are amenable to treatment only to that degree that the wastewater treatment plant effluent cannot meet the
requirement of other agencies having jurisdiction over discharge to the receiving waters.
(n) Any waters or wastes containing suspended solids in excess of milligrams per liter unless the user is approved by the city
and provided further that the user complies with the requirements ofthe city's high strength sewer surcharge system.
(0) Any waters or wastes with a five-day, 20E C.B.OD. greater than milligrams per liter unless the user is approved by the
city and provided further that the user complies with the requirements of the city's high strength sewer surcharge system.
(p) Any waters or wastes containing chemical oxygen demand (COD) greater than mg/L unless the user is approved by the
City and provided further that the user complies with the requirements ofthe City's high strength sewer surcharge system.
(q) Total toxic organics as defined in 40 CFR, Part 413.03[c] are not to exceed 5.0 mgll, with no one parameter over 1.0 mgll.
26.147 Admission Of Industrial And Commercial Waste
All users of the public sewers or sanitary sewers shall recognize and comply with the following:
(a) The economy and desirability of the combined treatment of industrial and commercial wastes and
sanitary sewage is recognized. However, not all types and quantities of industrial and commercial
wastes can be so treated. It shall be the policy to admit the types and quantities of industrial and
commercial wastes that are not harmful or damaging to the structures, processes, or operation of the
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sewage works or are not specifically prohibited. In all cases, a special permit will be issued which will
state specific conditions and requirements to be maintained. It is also recognized that to provide this
service, additional facilities or treatment are required, and the cost of that must be borne by the user
receiving the benefits.
(b)
(1) Approval in advance by the city is required for the anticipated admission of industrial or
commercial wastes into the public sewers having:
a. A five-day, 200 C. B.O.D. greater than 220 milligrams per liter, or chemical oxygen demand
(COD) greater than 440 milligrams per liter.
b. A suspended solids content greater than 175 milligrams per liter.
An oil/grease content greater than 100 milligrams per liter.
A total toxic organic content of greater than 5 milligrams per liter, with no one parameter
over 1 milligram per liter.
(2) The user shall provide chemical analyses of the discharge according to a schedule to be
established by the WWF and continued discharge shall be subject to approval of the city.
(c) Samples shall be collected so as to be a representative sample of the actual quality of the
wastes. Samples for analysis may be collected by the user or his representative. Analysis shall be made
by a registered sanitary engineer or graduate chemist whose qualifications are acceptable to the city or a
wastewater treatment plant operator licensed and registered in the state, or a water testing laboratory
certified by the state, using the laboratory methods for the examination of wastewater as set forth in 40
CFR 136 and 62-625.600, FAC (also see 26.158).
(d) When required by the Utilities Director, any establishment discharging industrial or commercial
wastes into the sewer system shall construct and maintain at its sole expense a suitable control manhole
or other suitable control station downstream from any treatment, storage, or other approved works to
facilitate observation, measurement, and sampling of all wastes including all domestic sewage from the
establishment. The location and methods of construction of the control station shall be approved by the
Utilities Director. The control station shall be maintained by the establishment so as to be safe and
accessible at all times. If any establishment wishes to meter its waste discharge into the sewer system to
verify in-product water retention or other uses of metered flow, they may, at their sole expense, install a
flow-metering device as approved by the Utilities Director. The control station shall be accessible to
city personnel at all times for sampling. All authorized WWF or city employees shall be permitted,
upon suitable notice to the user, to enter upon all properties for the purpose of inspection, observation,
measurement, sampling, and testing in accordance with provisions of this chapter. When required,
construction of those facilities shall be completed within ninety (90) days following written notification
by the City.
USER CHARGE AND INDUSTRIAL COST RECOVERY SYSTEM
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26.162 User Charges; Wholesale Sewer Rates; Calculation Of Sewer Surcharge
(a) There is imposed upon the owners or upon the users of each retail and wholesale customer served by
the sewer system, a monthly user charge for the use thereof as follows:
(1) Sewer Rates. A charge for waste resulting from human occupancy which shall include all
of the following factors for the operation of the collection system and treatment of wastewater by the
regional wastewater facility:
a. Operation and maintenance
b. Debt service
c. Capital costs
d. System expansion
e. Others as applicable
Consult the Water/Sewer Billing Department for the prevailing rates expressed as $/ 1,000 gallons of
water consumption.
(2) Sewer Surcharge. A surcharge for waste in excess of the parameters for strength
established in the industrial and commercial waste ordinance, and set forth in 26.162(2) which may be
assessed to applicable customers.
(b) Wholesale Sewer Rates.
(1) This section is applicable to those wholesale customers which maintain their own
wastewater collection systems. They shall be charged a flat rate per 1,000 gallons, the quantity of which
shall be determined by the metering of the wastewater discharge from each wholesale customer's
individual wastewater collection system.
(2) The metering device shall be satisfactory to the city and shall provide for a separate
remote 30-day recording device which shall have a totalizer. Location of the metering device shall be at
an accessible location as agreed upon by the parties involved and as further explained and stipulated in
an agreement to be executed by both parties.
(3) All costs incident to the furnishing, installation, initial calibration, and maintenance on a
continuing basis of the meter, are and shall be, the wholesale customer's responsibility. The wholesale
customer will provide to the city or its designated representative full details on the proposed meter
installation and assurance that the installation will commence only upon the written authorization of the
city. The city shall provide an authorization within ten (10) days after receipt by the city of the details
of the above proposed meter installation.
(4) The meter shall be read monthly by a duly authorized agent of the city, and the wholesale
customer shall provide access to the meter for this purpose. In the event of suspected inaccuracy in
meter readings, the city shall have the right to request that the meter be tested by an independent
organization in accordance with standard practices. If the meter shall be found inaccurate or defective,
the cost of the meter test shall be borne by the wholesale customer. If the meter shall be found to be
accurate and in good condition, the cost of the meter test shall be borne by the city.
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(5) In the event of extenuating circumstances, the Commission may, at its discretion, direct
that sufficient proof other than the installation of a metering device may be acceptable to determine the
quantity of wastewater discharge.
(c) Calculation of Sewer Surcharge.
(1) Calculation of the sewer surcharge shall be in accordance with the following:
Parameter Percent of Effect on Costs Allowable Level of Sewage
Strength
BOD-5 41 mg/l (ppm)
TSS 15 " "
ti ..c. c..
..
COD 41 " "
...................
Let:
F=Fl+F2
Where:
F = the factor to multiply the sewer rate for a surcharge due to excess strengths.
F 1 = the strength factor for BOD-5 or COD, whichever is higher.
F2 = the strength factor for TSS (total suspended solids)
(2) The surcharge will be added to the sewer rate to develop the monthly cost per customer. As
an example of sewer charge calculations utilizing sewer rate and the strength surcharge formula, assume
the following with respect to Ajax Manufacturing Company: total monthly flow of 100,000 gallons;
COD of mg/l; BOD5 of 500 milligrams per liter; total suspended solids of 900 milligrams per
liter; Prevailing monthly sewer rate is $1.52 per 1,000 gallons.
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Sewer Rate:
$1.52/1000 gallons (100,000 gallons/month) = $152/month
11 Sewer Surcharge Calculation:
Fl = 0.41
F2 = 0.15 (900- ,;
F =
111 Total Monthly Charge (Sewer Rate Plus Surcharge):
$152/month + $152/month(
=$
26.169 Suspension Of Wastewater Treatment Service; Notice To Stop Discharge; Failure To
Comply
The city may suspend the wastewater treatment service to any user, including other local
governments, when the suspension is necessary, in the opinion of the Utilities Director, in or DEP to
stop an actual or threatened violation which presents or may present an imminent or substantial
endangerment to the health or welfare of persons or the environment, causes interference to the WWF,
caused the WWF to violate any condition of its NPDES permit, or causes the city to be in violation of
any of its agreements with the WWF.
Any user notified of a suspension of the wastewater treatment service shall immediately stop or
eliminate the contribution. In the event of a failure of the user to cause the user to voluntarily comply
with the suspension or DEP, the city shall take steps as deemed necessary, including immediate
severance of the sewer connection, to prevent or minimize damage to the city or WWF systems or
endangerment to any individuals. The city may reinstate the wastewater treatment service upon proof of
the elimination of the non-complying discharge. A detailed written statement submitted by the user
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describing the causes of the harmful contribution and the measures taken to prevent any future
occurrence shall be submitted to the city within fifteen (15) days from the date of the occurrence.
Penalties, see 26.177
Sec. 26-172 Show cause hearing
user subject to enforcement action under the provisions of this division may request a hearing
before the Utilities Director within ten (10) days of receipt of notification or proposed enforcement
action. A hearing is to be held by the Utilities Director concerning the violation, the reasons why the
action is to be taken, the proposed enforcement action, and directing the user to show cause before the
Utilities Director why the proposed enforcement action should not be taken.
Utilities Director may conduct the hearing and take the evidence, or, at the Utilities Director's
sole discretion, may designate the City Attorney or an independent arbitrator to:
(1) Issue, in the name of the City, notices of hearing requesting the attendance and
testimony of witnesses and the production of evidence relevant to any matter
involved in that hearing.
(2) Take evidence and hear testimony (the strict rules of evidence shall not apply to
any hearing).
(3) Transmit a report of the evidence and hearing, including transcripts and other
evidence, together with recommendation to the Utilities Director or his designee
for action thereon.
(d) At any hearing held pursuant to this division, testimony taken must be under oath and recorded
stenographically, with the costs thereof to be borne by the user. The transcript, so recorded, will
be made available to any member of the public or any party to the hearing upon payment of the
usual charges thereof.
(e) After the Utilities Director or his designee has reviewed the evidence, he may
issue an order to the user responsible for the noncompliance(s) stating that, following a thirty-
day time period to provide remediation of noncompliance(s), penalties as per section 26-177 will
go into effect. Further orders as are necessary and appropriate may be issued.
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(t) The City shall also establish and assess against the user, appropriate surcharges or
fees to reimburse the City for the additional cost of operation and maintenance of the wastewater
treatment works due to the violation of this division.
(g) Costs for conducting a show cause hearing shall be borne by the user requesting the hearing if
the enforcement action is upheld.
26.177 Penalties
Failure to comply with any Chapter 26 ordinances that relate to the actual and/or potential introduction
of prohibited and/or restricted effluents into the sanitary sewer system requires penalties as mandated by
federal law; e.g. Federal Pretreatment Regulations Section 403.8(t)(1)(vi)(A) requires penalties up to the
amount of $1,000.00 per day per violation which goes uncorrected.
(a) Any user who is found to have violated an Order of the city or who fails to comply with any
provision of this chapter for which another penalty is not provided, and the orders, rules, and regulations
issued hereunder, shall be penalized up to $1,000 per day for each offense. Each day on which a
violation shall occur or continue shall be deemed a separate and distinct offense. Such fines shall be
assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge
limits, fines shall be assessed for each day during the period of violation. A lien against the user's
property will be sought for unpaid charges, fines and penalties. In addition to the penalties provided
herein, the city may recover all reasonable attorneys' fees, court costs, court reporters' fees, and other
expenses of litigation by appropriate motions or suit at law against the user or person found to have
violated this chapter or the orders, rules, regulations, and permit issued hereunder.
(b) Penalties for Continuing Violations. Any person who shall continue any violation beyond the
time limit provided for in Section 26.166(1) shall be guilty of a violation, and on conviction thereof,
shall be penalized in the amount not exceeding $5,000 for each offense. Each day in which any
violation shall continue shall be deemed a separate offense.
(c) Whoever violates 26.171 shall, upon conviction, be punished by a fine of not more than $1000
or by imprisonment for not more than sixty (60) days, or by both.
(d)
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(e) The remedies and penalties provided for in this ordinance are not exclusive. The Director may
take any, all, or any combination of these actions against a noncompliant user. Enforcement of
pretreatment violations will generally be in accordance with the city's enforcement response plan.
However, the Director may take other action against any user when the circumstances warrant. Further,
the Director is empowered to take more than one enforcement action against any noncompliant user.
Section 2.
Each and every other provision of Chapter 26, not herein specifically amended
shall remain in full force and effect as previously enacted.
Section 3.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
Section 4.
Should any section or provIsIOn of this ordinance or portion hereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the remainder of this ordinance.
Section 5.
Authority is hereby granted to codify said ordinance.
Section 6.
This ordinance shall become effective ninety (90) days after passage.
FIRST READING this _ day of
2010.
SECOND, FINAL READING AND PASSAGE this _ day of
,2010.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
ATTEST:
Commissioner - Jose Rodriguez
Janet M. Prainito, CMC
City Clerk
Commissioner - Marlene Ross
(CORPORATE SEAL)
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Subdivision A. General Provisions
The purpose of this chapter is to regulate industrial waste pretreatment facilities and discharge of industrial waste into the Wastewater
Facility (WWF) operated by the South Central Regional Wastewater Treatment and Disposal Board and providing for pollutant limitations,
data collection, monitoring, and sampling, and providing for penalties for the violation thereof for the following purposes:
(a) To prevent the introduction of pollutants into the city's wastewater system which will interfere with the normal operation of the
wastewater collection system or the wastewater treatment plant, or which will contaminate the resulting mlUlicipal sludge;
(b) To prevent the introduction of pollutants into the city's wastewater collection system which do not receive adequate treatment by
the WWF, and which will pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system;
(c) To protect the Wastewater Facility workers and the general public;
(d) To provide for fees for the equitable distribution of the costs of operation, maintenance, and improvement of the Wastewater
Facility;
(e) To improve the opportunity to recycle and reclaim wastewater and sludge from the system; and
(f) To enable the City to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal
requirements, and any other Federal or State laws to which the WWF is subject.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
The policy is established that the provisions ofthis chapter will be enforced to the fullest extent possible under the provisions of Federal
Pretreatment Regulations 40 CFR Part 403 and Florida Administrative Code Rules, 62-302, 62-600, 62-604, 62-610, and 62-625 issued by
the Florida Department of Environmental Protection. 'lhe standards set forth are minimum requirements to enSLITe the general health and
welfare of the public. Except as otherwise provided herein, the City shall administer, implement, and enforce the provisions of this chapter.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
(a) The use of city wastewater facilities by any entity or local government shall subject that entity or local government to the
application of this chapter. 'lhis shall include, but not be limited to, wholesale, retail, and large agreement users, whether inside or outside
the city limits.
(b) The regulations of this chapter shall apply to all users of the sewer facilities of the city whether inside or outside the city,
including all other local governments such as, but not limited to, the Town of Highland Beach, the Town of Gulf Stream, and contributions
from incorporated or unincorporated agencies of Palm Beach County. Furthermore, all local government users shall be required, within
sixty (60) days after enactment of this chapter and notice thereof, to enact ordinances substantially similar to this chapter and to apply and
enforce the same to all users of their public and sanitary sewer systems.
(Ord. No. 99-21, S 1,8-3-99)
The following abbreviations, when used in this chapter, shall have the designated meanings:
BOD Biochemical Oxygen Demand
CFR Code of Federal Regulations
COD Chemical Oxygen Demand
DEP Department of Environmental Protection
EP A United States Environmental Protection Agency
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F AC Florida Administrative Code
gpd gallons per day
mg/l milligrams per liter
NPDES National Pollutant Discharge Elimination System
POTW Publicly Owned Treatment Works
RCRA Resource Conservation and Recovery Act
SIC Standard Industrial Classification
TSS Total Suspended Solids
use UmredStaresCo~
WWF Wastewater Facility
For the purpose ofthis chapter, all definitions shall be applied and interpreted in accordance with 40 CFR 403, as amended.
Act and The Act. The Federal Water Pollution Control Act, also known as the Clean Water Act of1977, as amended, 33 U.S.C. 1251, et
seq.
Approval authority. The Florida Department of Environmental Protection.
Authorized representative of the user.
(1) If the user is a corporation:
a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other
person who performs similar policy or decision-making functions for the corporation; or
b. The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250)
persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second-quarter 1980 dollars), if
authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
(3) If the user is a Federal, State, or local government facility: a director or highest official appointed or designated to oversee the
operation and performance of the activities ofthe government facility, or their designee.
(4) The individuals described in paragraphs (1) through (3), above, may designate another authorized representative if the
authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from
which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is
submitted to the City.
Hoard. 'lhe South Central Regional Wastewater Treatment and Disposal Board, including, in the appropriate case, the regional
treatment facilities, and all its other attendant facilities.
Board (WWF). The Board of Directors ofthe South Central Regional Wastewater Treatment and Disposal Board.
B.o.D. (Denoting Biochemical Oxygen Demand). The quantity of oxygen utilized in the biochemical oxidation of organic matter under
standard laboratory procedures for five (5) days at 200 centigrade, usually expressed as a concentration (e.g., mg/l).
Building sewer. Sewer conveying wastewater from the premises of a user to the collection system which transmits wastewater to the
WWF.
Categorical pretreatment standard or categorical standard. Any regulation containing pollutant discharge limits promulgated by EP A
in accordance with Sections 307(b) and (c) of the Act (33 USC Section 1317) which apply to a specific category of users and which appear
in 40 CFR Chapter I, Subchapter N, Parts 405-471.
Chemical oxygen demand (C.UD.). A measurement of the oxygen equivalent of the organic matter content of a sample that is
susceptible to oxidation by a strong chemical oxidant using procedures listed in 40 CFR 136.
City. 'lhe City of Boynton Beach; all that land and water area included within the boundaries of the "City" in which the Commission
proposes to acquire, establish, construct, extend, operate, and maintain sanitary sewerage facilities, except as follows:
(1) All state and federally owned land and water area located in the city or COlUlty, except where the state and federal government
consent to the provisions of this chapter.
(2) All land and water area duly franchised by the city or county to privately owned sewer utility companies for the provisions of
sewer service, except where the privately owned sewer utility companies consent to the provisions ofthis chapter.
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Collection system. The system of public sewers to be operated by the city and connected to the WWF facilities.
Compatible pollutant. A substance amenable to treatment in the wastewater treatment plant such as biochemical oxygen demand,
suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the wastewater facility was
designed to treat those pollutants, and in fact, does remove the pollutant to a substantial degree.
Lomposite sample. A series of samples taken over a specific 24-hour time period at intervals not to exceed fifteen (15) minutes in the
waste stream which are combined into one sample. Flow proportional sampling is mandated unless circumstances do not permit it, then it
shall be time proportional. Samples shall be taken during effluent discharge times only.
Cooling water. The water discharged from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant
added is heat.
Direct discharge. The discharge of treated or untreated wastewater directly to the waters ofthe State of Florida.
Director of utilities, utilities director, or director. This refers to the individual in charge of the Utilities Department for the city.
Discharge. Means disposal of, deposit, place, emit, unload, release or cause or allow to be disposed of, deposited, placed, emitted,
unloaded, or released.
Domestic wastewater. Wastewater derived principally from dwellings, commercial buildings, institutions, and industry resulting from
household or toilet waste resulting from hrunan occupancy. It mayor may not contain ground water, surface water, or stormwater.
Environmental Protection Agency or iJPA. 'Ihe U.S. Environmental Protection Agency, or where appropriate, the term may also be
used as a designation for the Administrator or other duly authorized official of that agency.
Hxecutive director. The administrative director or his authorized deputy, agent or representative of the South Central Regional
Wastewater Treatment and Disposal Board. 'Ihe Executive Director is the authorized administration authority of the South Central
Regional Wastewater Treatment and Disposal Board.
Hxisting source. Any SOLITCe of discharge, the construction or operation of which commenced prior to the publication by EPA of
proposed categorical pretreatment standards, which will be applicable to such source ifthe standard is thereafter promulgated in accordance
with Section 307 ofthe Act.
Garbage. The animal and vegetable waste resulting from the handling, preparation, cooking, and serving offoods.
Grab sample. A sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and over
a period oftime not to exceed fifteen (15) minutes.
Grantee. Recipient of a federal grant for all or a portion of a treatment works as administered by the Environmental Protection Agency.
Holding tank waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-plUllp
tank trucks.
Indirect discharge or discharge. 'Ihe introduction of non-domestic pollutants from any source regulated under Section 307(b), (c), or
(d) of the Act, (33 U.S.C. 1317), into the WWF (including holding tank waste discharged into the system).
Industrial or commercial waste. 'Ihe liquid wastes from industrial, commercial, or institutional processes as distinct from domestic or
sanitary sewage.
Industrial and commercial waste discharge permit. A permit issued to control the process flows from industry, commerce, or
institutions that may be discharged into the sanitary sewer system. 'Ihis permit is issued in addition to any other types of permits. When
issued, the permit will define the characteristics and volrune of the flow and acceptance or rejection of individual waste components and/or
require high strength waste surcharges.
Industrial cost recovery. Recovery by a federal grantee from the industrially classified users of a treatment works of the grant amount
allocable to the treatment of wastes from those users.
Industrially classified user. An industrial or commercial user whose liquid wastes are, in part, made up of flows related to industrial or
commercial activities, as distinct from an industrial or commercial user whose waste flows are primarily domestic or resulting from human
ace upancy .
Industrial user. A source of indirect discharge and discharge of industrial and commercial waste which does not constitute a discharge
of pollutants under regulations issued pursuant to Section 402 of the Act. (33 U.S.C. 1342).
instantaneous maximum allowable discharge limit. The maximum concentration of a pollutant allowed to be discharged at any time,
determined from the analysis of any discrete or composited sample collected, independent ofthe industrial flow rate and the duration of the
sampling event.
Interference. A discharge, which alone or in conjnnction with a discharge or discharges from other SOLITCeS, inhibits or disrupts the
WWF, its treatment processes or operations, or its sludge processes, use or disposal; and thereafter, is a cause of a violation of the NPDES
permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or
permits herennder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II
commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge
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management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act;
and the Marine Protection, Research, and Sanctuaries Act.
Medical waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts,
contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
Milligrams per liter (mg/l). 'lhe munber of units of minor constituents present with each one million (1,000,000) units of the major
constituent of a solution or mixture. Milligrams per liter shall be considered equivalent to parts per million.
Monitoring costs. Those costs inclUTed by the City in performing monitoring and/or sampling as prescribed by 40 CFR 403.
National categorical pretreatment standard. Any federal regulation containing pollutant discharge limits promulgated by the EP A
which applies to a specific category of industrial users.
National Pollutant Discharge Elimination System or NPDES Permit. A permit issued pursuant to Section 402 of the Act (33 U.S.C.
1342).
National prohibitive discharge standard or prohibitive discharge standard. Any regulation developed under the authority of 307(b) of
the Act and 40 CFR, Section 403.5
Natural outlet. Any ditch, canal, stream, waterway, lake, river, pond, well, gully, or other water body.
New source.
(1) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards under Section 307( c) of the Act which will be applicable to
such source if such standards are thereafter promulgated in accordance with that section, provided that
a. The building, structure, facility, or installation is constructed at a site which no other source is located; or
b. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of
pollutants at an existing source; or
c. The production of wastewater generating processes of the building, structure, facility, or installation are substantially
independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to
which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of
activity as the existing source, should be considered.
(2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction
does not create a new building, structure, facility, or installation meeting the criteria of Section (1 )(B) or (C) above but otherwise alters,
replaces, or adds to existing process or production equipment.
(3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
a. Begun, or caused to begin, as part of a continuous on-site construction program:
(i) any replacement, assembly, or installation offacilities or equipment; or
(ii) significant site preparation work including land clearing, excavation, or removal of existing buildings, structures, or
facilities which is necessary for the replacement, assembly, or installation of new source facilities or equipment; or
b. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its
operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and
contracts for feasibility, engineering, and design studies do not constitute a contractual obligation lUlder this paragraph.
Noncontact cooling water. Water used for cooling which does not come into direct contact with any raw material, intermediate product,
waste product, or finished product.
Pass through. A discharge of a pollutant from the WWF when such discharge causes a violation of any requirement of the WWF's
NPDES permit, or a violation of a State or Federal water quality standard or increases the magnitude or duration of any violation and which
is the result of a user's discharge ofthe pollutant either alone or in conjunction with other user's discharges of the pollutant into the WWF.
A user contributes to pass through when the user:
(I) Discharges a pollutant concentration or a daily pollutant loading in excess of that allowed by the City or by Federal or State law.
(2) Discharges wastewater which substantially diners in nature and constituents from the user's normal average discharge;
(3) Knows or has reason to know that its discharge, alone or in conjlUlction with discharges from other users, would result in pass
through; or
(4) Knows or has reason to know that the WWF is, for any reason, violating its final effluent limitations in its NPDES permit and that
such user's discharge either alone or in conjlUlction with discharges from other users, increases the magnitude or duration of the WWF's
violations.
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Person. Any individual, partnership, co-partnership, firm, company, association, society, corporation, joint stock company, trust, estate,
governmental entity, group, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal,
State, and local entities.
Point source. The initial point of discharge into a sewer system.
pH. Logarithm ofthe reciprocal ofthe weight of hydrogen ions in grams per liter of solution; a measure ofthe acidity or alkalinity of a
solution, expressed in standard units.
Pollutant. Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical
wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt,
industrial, municipal, and agricultural wastes, and certain characteristics of wastewater (e.g. pH, temperature, TSS, turbidity, color, BOD,
COD, toxicity, or odor).
Pollution. The man-made or man-induced alteration ofthe chemical, physical, biological, and radiological integrity of water.
Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant
properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing those pollutants into a WWF.
The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes or by other means, except as
prohibited by 40 CFR Section 403.6( d).
Pretreatment requirements. Any substantive or procedural requirement for treating of a waste prior to inclusion in the WWF.
Pretreatment standards. National Categorical Pretreatment Standards or alternative discharge limits, whichever is applicable.
Prohibited discharge standards or prohibited discharges. Absolute prohibitions against the discharge of certain substances; these
prohibitions appear in Section 26-142.
Properly shredded garbage. 'lhe wastes from the preparation, cooking, and dispensing of food that have been shredded to a degree that
all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2-inch
(1.27 centimeters) in any dimension.
Public sewer. A sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority.
Publicly owned treatment works (POTW). In this case, the regional treatment plant operated by the South Central Regional Wastewater
Treatment and Disposal Board, and the collection sewer system owned and operated separately by the Cities of Delray and Boynton
Beach. (Also see Wastewater Facility-WWF.)
Regional treatmentjacilities. 'lhe South Central Regional Wastewater Treatment Plant transmission and disposal facilities as operated
by the South Central Regional Wastewater Treatment and Disposal Board ofPahn Beach County, Florida.
Replacement. Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service
life of the treatment process facilities to maintain the capacity and performance for which those facilities were designed and constructed.
Sanitary sewage. The household and toilet wastes resulting from hlUllan occupancy.
Sanitary sewer. A sewer which carries sewage and to which storm, surface, and ground water are not intentionally admitted.
Septic tank waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
Sewage. A combination of the water carried wastes from residences, business buildings, institutions, and industrial establishments,
together with ground, surface, and stormwater that may be present.
Sewage works. All facilities for collecting, pumping, treating, and disposing of wastewater including the WWF.
Sewer. A pipe or conduit for carrying sewage.
Shall is mandatory; May is permissive.
Signij7cant industrial user
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
a. Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding
sanitary, noncontact cooling, and boiler blowdown wastewater);
b. Contributes a process waste stream which makes up five (5) percent or more ofthe average dry weather hydraulic or organic
capacity of the POTW treatment plant; or
c. Is designated as such by the City on the basis that it has a reasonable potential for adversely aflecting the POTW's operation
or for violating any pretreatment standard or requirement.
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(3) Upon a finding that a user meeting the criteria in Subsection (2) of this definition has no reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or
in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should
not be considered a significant industrial user.
Significant non-compliance. Means that violations ofthis chapter by a user subject to pretreatment standards meet one or more of the
following criteria:
(1) Chronic violation: 66% or more of all measurements taken for the same pollutant during a six-month period exceeded (by any
magnitude) the applicable daily maximum limit or the applicable average limit;
(2) Technical review criteria (FRC) violation: 33% or more of all measurements taken for the same pollutant during a six-month
period equaled or exceeded the product of the daily average maximum limit or the average limit times the applicable IRC. (For categorical
pretreatment limitations the TRC equals 1.4 for BOD, TSS and Oil and Grease; and 1.2 for all other pollutants except pH);
(3) An efIluent violation caused interference or pass through or endangered the health of City personnel or the general public;
(4) A discharge caused imminent endangerment to human health, welfare or to the environment and resulted in the City exercising
its emergency authority lUlder Section 26-147;
(5) Failure to meet a compliance schedule milestone date within ninety (90) days or more after the scheduled date;
(6) Failure to submit a required report within thirty (30) days of its due date;
(7) Failure to accurately report non-compliance; or
(8) Any other violation or group of violations which the Director determines may cause interference or pass through or will
adversely affect implementation ofthe City's pretreatment program.
Significant violation. A violation that remains uncorrected 45 days after notification of non-compliance; which is part of a pattern of
non-compliance over a twelve-month period; which involves a failure to accurately report non-compliance; or which resulted in the WWF
exercising its emergency authority under Section 403.8 (F)(1 )(vi)(B) ofthe Act.
Slug. Any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds
for any period of duration longer than fifteen (15) minutes more than five (5) times the average 24-hour concentration of flows during
normal operation.
Standard industrial classification (SIC). Classification pursuant to the Standard Industrial Classification Manual issued by the
Executive Office ofthe President, Office of Management and Budget, as amended.
State. State of Florida.
Storm drain or storm sewer. A sewer that carries stormwater and surface water, street wash, and other wash waters or drainage, but
excludes domestic wastewater and industrial and commercial waste.
Stormwater. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
Superintendent. The person designated by the WWF to supervise the operation of the publicly owned treatment works and who is
charged with certain duties and responsibilities by this chapter, or his duly authorized representative.
Surcharge. An extra charge levied to a user for treatment of compatible wastewaters that contain substances in excess of specified
maximum allowable limits.
Suspended solids. Solids that are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering.
Toxic pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the
Environmental Protection Agency under the provision of CW A 307( a) or other acts.
Treatment plant. 'lhat portion of regional treatment facilities designed to provide treatment to wastewater and is operated by the South
Central Regional Wastewater Treatment and Disposal Board.
Treatment works. The wastewater treatment plant, interceptors, force mains, lift stations, and collection systems.
User. Any person who contributes, causes, or permits the contribution of wastewater into the WWF.
User charge or user fee. A charge levied on the users of the treatment process facilities for the cost of operation and maintenance of
those facilities and other equitable and necessary charges.
Wastewater. 'lhe liquid and water carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and
institutions, whether treated or lUltreated, which is contributed into or permitted to enter the WWF.
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Wastewater facility (WWF). Any or all of the following: the collection/transmission system, the treatment plant, and the reuse or
disposal system.
Wastewater treatment plant. Any arrangement of devices and structures used for treating wastewater, such as the WWF.
Watercourse. A channel in which a flow of water occurs, either continuously or intermittently.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
(a) The use of public sanitary sewers shall be as outlined in this chapter or through other regulations as may be promulgated by the
city or the WWF under the authority of this chapter.
(b) No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by
health agencies.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
(a) The disposal of sewage by means other than use of the available regional wastewater facilities shall be in accordance with city,
county, state, and federal law.
(b) The disposal of sewage to the WWF shall be as outlined in this chapter and shall be subject to standards which meet or exceed the
city industrial and commercial waste ordinance requirements as they shall exist from time-to-time.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
The city shall have the right to refuse waste from any user where wastewater does not comply with this chapter.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
It shall be unlawful for any person to place, deposit, or permit to be deposited, in any lUlsanitary manner on public or private property
within the city, or in any area under the jurisdiction ofthe city, any human excrement, garbage, or other objectionable waste.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or
other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility
intended or used for the disposal of sewage.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within
the city and abutting on any street, alley, or right-of~way in which there is now located or may in the future be located a public sanitary
sewer of the city are required, at their expense, to install suitable toilet facilities therein, and to connect those facilities directly with the
proper public sewer, in accordance with applicable state and county regulations, within ninety (90) days after date of oflicial notice to do
so.
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(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
Under no condition shall the discharge of domestic, sanitary, industrial, or commercial waste be permitted into the storm sewer system.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
No person shall break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the
sewage works.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
Subdivision B. Private Sewage Disposal System
Where a public, sanitary, or combined sewer is not available under the provisions of Section 26-122, the building sewer shall be
connected to a private sewage disposal system complying with the provisions of this subchapter.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
Before the commencement of construction of a private sewage disposal system, the owner shall obtain a written permit signed by the
Authorized City Oflicial. The application for the permit shall be made on a form furnished by the city which the applicant shall
supplement by any plans, specifications, and other information as are deemed necessary by the Authorized City Oflicial. A permit and
inspection fee of $50 shall be paid to the city at the time the application is filed.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
A permit for a private sewage disposal system shall not become eflective until the installation is completed to the satisfaction of the
county. 'lhe county shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall
notify the cOlmty when the work is ready for final inspection and before any underground portions are covered.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the State
Department of Environmental Protection. No permit shall be issued for any private sewage disposal system employing subsurface soil
absorption facilities unless it conforms to all current regulations. No septic tanks or cesspool shall be permitted to discharge to any natural
outlet.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
At a time when a public sewer becomes available to a property served by a private sewage disposal system, as provided herein, a direct
connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage
disposal facilities shall be abandoned and filled with suitable material.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
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The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
Subdivision C. Installations and Connections
(a) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or
appurtenance thereof without first obtaining a written permit from the city.
(b) The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the
judgment of the city. A permit and inspection fee shall be paid to the city at the time the application is filed. 'lhe permit fee for those
establishments discharging industrial wastewater is further explained in this chapter.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
All costs and expense incidental to the installation and connection ofthe building sewer shall be borne by the owner or user. The owner
and user shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building
sewer.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another
on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or
driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
Old building sewers may be used in connection with new buildings only when they are found, on examination and tested by the
Building Official, to meet all requirements of this chapter.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
(a) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the
pipe, joining, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing codes or other
applicable rules and regulations ofthe city. In the absence of code provisions, or in amplification thereof~ the materials and procedures set
forth in appropriate specifications of the ASTM and WEF Manual of Practice No.9, as same may be amended from time-to-time, shall
apply.
(b) All connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be
approved by the Building Department before installation.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
Whenever possible, the building sewer shall be brought to the building at any elevation below the basement floor. In all buildings in
which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by that building drain shall be lifted
by an approved means and discharged to the building sewer.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
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No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or any other connected
appurtenances, or other sources of surface nmotr or groundwater to a building sewer or building drain which, in turn, is connected directly
or indirectly to a public sanitary sewer.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
The applicant for the building sewer permit shall notify the city when the building sewer is ready for inspection and connection to the
public sewer. The connection shall be made lUlder the supervision ofthe city officials or city representatives.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner
satisfactory to the city.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
Subdivision D. Use of Public Sewers
All waste discharged to public sanitary sewers, which in turn discharge to the regional treatment facilities (WWF), shall meet or exceed
the following criteria of this subchapter.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
(a) No person shall discharge or cause to be discharged any stormwater, surface water, ground water, uncontaminated cooling water
or lUlpolluted industrial process waters to the sanitary sewer.
(b) Stormwater and all other unpolluted drainage shall be discharged to those sewers as are specifically designated as storm sewers, or
to a natural outlet approved by the proper city or county official. Industrial cooling water or unpolluted process waters may be discharged
on approval of the Utilities Director to a storm sewer or natural outlet.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
No person shall discharge or cause to be discharged any of the following described waters or wastes to any sanitary sewers:
(a) Flammable or explosive liquids, solids, or gases, including, but not limited to, gasoline, benzene, naptha, fuel oil, or other
materials with a closed-cup flashpoint ofless than 1400 F. (600 C.) using the test methods specified in 40 CFR 261.21.
(b) Pollutants having a pH ofless than 5.0, or greater than 9.5, or otherwise causing corrosive damage to the WWF or its equipment.
(c) Pollutants, including oxygen-demanding pollutants (BOD, etc.) released at a flow rate and/or concentration which, either singly or
by interaction with other pollutants, will cause interference with the WWF.
(d) Any liquid having a temperature higher than 1500 F. or causing the wastewater treatment plant influent to exceed 1040 F.
(e) Any water or waste containing petroleum oils, mineral oils, or non-biodegradable cutting oils in amolUlts that will cause
interference or pass through, or any fats, wax, grease, or other oils, whether emulsified or not, in excess of 100 milligrams per liter or
containing substances which may solidify or become viscous at temperatures between 320 F. and 1500F. (00 C. and 600 C.).
(f) Pollutants which result in the presence oftoxic gases, vapors, or fumes within the WWF in quantities that may cause acute worker
health or safety problems.
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(g) Any trucked or hauled wastes, except at discharge points designated by the Director. Industrial waste haulers may discharge loads
only at locations designated by the Director. No load may be discharged without prior consent of the Director. 'lhe Director may collect
samples of each hauled load to ensure compliance with applicable standards. The Director may require the industrial waste hauler to
provide a waste analysis of any load prior to discharge.
(h) Any water or wastes containing toxic or poisonous or pathogenic solids, liquids, or gases in sufficient quantity, either singly or by
interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create
a public nuisance or an acute health or safety hazard, interfere with the ability to repair or maintain the WWF, or create any hazard in the
receiving waters of the wastewater treatment plant.
(i) Solid or viscous substances in quantities or of a size capable of causing obstruction to the flow in sewers, or other interference with
the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers,
tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, and
the like, either whole or grolUld by garbage grinders. Penalties, see Sec. 26-177
(j) Wastes which impart color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and
vegetable tanning solutions, which consistently impart color to the treatment plant's efIluent.
(k) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations.
(l) Sludges, screenings, or other residues from the pretreatment of industrial wastes.
(m) Medical wastes, except as specifically authorized by the Director.
(n) Wastes causing, either alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test.
(0) Detergents, surface active agents, or other substances which may cause excessive foaming in the WWF.
Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be
discharged to the WWF. Except where expressly authorized by an applicable pretreatment standard or requirement, no user shall ever
increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment
to achieve compliance with a pretreatment standard or requirement. 'lhe City may impose mass limitations on users that are using dilution
to meet applicable pretreatment standards or requirements.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
No person shall discharge or cause to be discharged, the below described materials, waters, or wastes (collectively, the substances) if it
appears likely that acceptance of those wastes can harm the wastewater treatment process or equipment, the public sewers, the sanitary
sewer systems, or have an adverse eflect on the receiving water body, or can otherwise endanger life, limb, public property, or constitute a
nuisance. The decision shall be based on those factors as the quantities subject wastes in relation to flows and velocities in the sewers,
materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of
treatability of waste in the wastewater treatment plant, and other pertinent factors. The substances restricted are:
(a) Any liquid having a temperature higher than 1500 F. or causing the wastewater treatment plant influent to exceed 1040 F.
(b) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 milligrams per liter or
containing substances which may solidify or become viscous at temperatures between 320 F. and 1500F. (00 C. and 600 C.).
(c) Any waters or wastes containing strong acid, iron, pickling wastes, or concentrated plating solutions whether neutralized or not.
(d) Any waters or wastes containing phenols or other taste or odor producing substances, in a concentration exceeding limits which
may be established by the POTW as necessary after treatment of the composite sewage to meet the requirements of the state, federal, or
other public agencies of jurisdiction for that discharge to the receiving waters.
(e) Any garbage that has not been properly shredded, which shall mean particles in size no greater than 1/2 inches measured in any
dimension.
(f) Any water or wastes having a pH lower than 5.5 or higher than 9.5 or having any other corrosive property capable of causing
damage or hazard to structure, equipment, or personnel or any waste treatment works.
(g) Any waste containing restricted substances in quantities in excess of the following limits, measured at the point of discharge
into any sewer system, or any substance that will pass through the waste treatment facilities and exceed the local limits as
adopted by the South Central Regional Wastewater Treatment and Disposal Board as contained in the Interlocal Agreement
entered into between the City of Boynton Beach and the City of Delray Beach. Such local limits are incorporated herein by
reference.
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(h) Any waste from sodirun-cycle action exchange (water softening) lUlits from industrial or commercial users where the chloride
content exceeds eGG- 645 milligrams per liter.
(i) Any water or waste containing suspended solids or color of a character and quantity that unusual attention or expense is required to
handle those materials at the waste treatment facilities without a special permit issued by the city.
(j) Any water or waste with a chlorine demand greater than 15 milligrams per liter.
(k) Any radioactive wastes or isotopes or half-life or concentration as may exceed limits established by the POTW in compliance with
applicable state or federal regulations.
(l ) Volume of flow or concentration of wastes constituting a slug as defined in Section 26-115.
(m) Any waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment
processes employed, or are amenable to treatment only to that degree that the wastewater treatment plant effluent cannot meet the
requirement of other agencies having jurisdiction over discharge to the receiving waters.
(n) Any waters or wastes containing suspended solids in excess of ~ 400 milligrams per liter unless the user is approved by the
city and provided further that the user complies with the requirements of the city's high strength sewer surcharge system.
(0) Any waters or wastes with a five-day, 20E C.B.O.D. greater than ~ 400 milligrams per liter unless the user is
approved by the city and provided further that the user complies with the requirements of the city's high strength sewer
surcharge system.
(p) Any waters or wastes containing chemical oxygen demand (COD) greater than 44G- 800 mg/L unless the user is approved by the
City and provided further that the user complies with the requirements ofthe City's high strength sewer surcharge system.
(q) Total toxic organics as defined in 40 CFR, Part 413.03[ c] are not to exceed 5.0 mg/l, with no one parameter over 1.0 mg/l.
(r) h'l'). '.vatsrs sr wastss '.\'i1+1 aR aH1fRsRia Rlt-fSgSR ~sHt8i'lt grsatsr 1+1aR 50 milligrants !'lSI htsr lH'llsss 1+Is ussr is aflflISVSE! 13). t-RS ~it,:,.
aRE! flfsviE!sE! fiMt-Rsr 1+Iat 1+1s aSSI ~SFHflliss wAA 1+1s FSEtmrSmsRts sft-RS ~it:"'s Higk st-FSl'lgt-R sswsr slM~kar:gs G).stsm.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99; Am. Ord. No. 01-58, S 2, 12-4-01) Penalty, see Sec. 26-177
(a) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances
or possess the characteristics enumerated in Section 26-143, and which, in the judgment of the Utilities Director, may have a deleterious
eflect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public
nuisance, the Utility Director may:
(l) Reject the wastes.
(2) Require pretreatment to an acceptable condition for discharge to the public sewers.
(3) Require control over the quantities and rates of discharge.
(4) Require payment to cover the added cost of handling and treating the wastes not covered by existing fees or sewer charges as
contained in the strength charge system.
(b) If the WWF permits the pretreatment or equalization of waste flows, the plans for the design and installation of the equipment
shall be subject to the review and approval of the WWF and the city and subject to the requirements of applicable codes, ordinances, laws,
and compliance schedules as established by the city. In addition, any major contributing industry as defined by 40 CFR 403 shall comply
with 40 CFR 403.12 and any other regulation as shall from time-to-time be established by EPA or other appropriate regulating
govemmental agency.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
Grease, oil, hair, lint and sand interceptors are to be provided when, in the opinion of the Utilities Director, they are necessary for the
proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, or other harmful ingredients;
except that those interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and
capacity approved by the city and shall be so located as to be readily and easily accessible for cleaning and inspection.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
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Where preliminary treatment or flow equalizing facilities and/or interceptors are provided for any waters or wastes, they shall be
maintained continuously in satisfactory and effective operation by the user at his expense. Use of solvents and/or detergents and/or soaps,
and/or degreasers is restricted to those levels which do not interfere with the proper functioning of the interceptors. Interceptors like, but
not limited to, grease traps, lint traps, or grit traps must have a watertight closure for their inspection covers. 'lhe covers themselves must
be of a type to conform with the plumbing codes ofthe City's Building Department.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
All users of the public sewers or sanitary sewers shall recognize and comply with the following:
(a) The economy and desirability of the combined treatment of industrial and commercial wastes and sanitary sewage is recognized.
However, not all types and quantities of industrial and commercial wastes can be so treated. It shall be the policy to admit the types and
quantities of industrial and commercial wastes that are not harmful or damaging to the structures, processes, or operation of the sewage
works or are not specifically prohibited. In all cases, a special permit will be issued which will state specific conditions and requirements
to be maintained. It is also recognized that to provide this service, additional facilities or treatment are required, and the cost of that must
be borne by the user receiving the benefits.
(b)
(1) Approval in advance by the city is required for the anticipated admission of industrial or commercial wastes into the public sewers
having:
a. A five-day, 200 C. B.OD. greater than 400 milligrams per liter, or chemical oxygen demand (COD) greater than 800
milligrams per liter.
b. A suspended solids content greater than 400 milligrams per liter.
~. .^.RlHlsRia Rlt-fSgSR grsater 1+laR 50 milligFaR'ls fl8r lltsr.
d. An oill grease content greater than 100 milligrams per liter.
e. A total toxic organic content of greater than 5 milligrams per liter, with no one parameter over 1 milligram per liter.
(2) The user shall provide chemical analyses ofthe discharge according to a schedule to be established by the WWF and continued
discharge shall be subject to approval ofthe city.
(c) Samples shall be collected so as to be a representative sample of the actual quality of the wastes. Samples for analysis may be
collected by the user or his representative. Analysis shall be made by a registered sanitary engineer or graduate chemist whose
qualifications are acceptable to the city or a wastewater treatment plant operator licensed and registered in the state, or a water testing
laboratory certified by the state, using the laboratory methods for the examination of wastewater as set forth in 40 CFR 136 and 62-
625.600, F AC (also see 26-158).
(d) When required by the Utilities Director, any establishment discharging industrial or commercial wastes into the sewer system
shall construct and maintain at its sole expense a suitable control manhole or other suitable control station downstream from any treatment,
storage, or other approved works to facilitate observation, measurement, and sampling of all wastes including all domestic sewage from the
establishment. 'lhe location and methods of construction of the control station shall be approved by the Utilities Director. The control
station shall be maintained by the establishment so as to be safe and accessible at all times. If any establishment wishes to meter its waste
discharge into the sewer system to verify in-product water retention or other uses of metered flow, they may, at their sole expense, install a
flow-metering device as approved by the Utilities Director. 'lhe control station shall be accessible to city personnel at all times for
sampling. All authorized WWF or city employees shall be permitted, upon suitable notice to the user, to enter upon all properties for the
purpose of inspection, observation, measurement, sampling, and testing in accordance with provisions of this chapter. When required,
construction ofthose facilities shall be completed within ninety (90) days following written notification by the City.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
Subdivision E. National Categorical Pretreatment
Standards
(a) Industrial users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance
with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations and as
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required by the city. Industrial users with integrated facilities shall comply with any alternative discharge limits as set by the city. Any
facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained solely at the user's
expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review at the request
of the city. The review of those plans and operating procedures will in no way relieve the user from the responsibility of modifying the
facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the
pretreatment facilities or method of operation shall be reported to the city prior to the user's initiation ofthe changes.
(b) The categorical pretreatment standards fOlIDd at 40 CFR Chapter 1, Subchapter N, Parts 405-471 are hereby incorporated.
(l) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in
wastewater, the Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(C) and Rule 62-625.410(4),
FAC.
(2) When wastewater subject to a categorical pretreatment standard is mixed wastewater not regulated by the same standard, the
Director shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(E) and Rule 62-625.410(6), FAC.
(3) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and
substantive provisions in 40 CFR 403.13 and Rule 62-625.700, F AC, that factors relating to its discharge are fundamentally different from
the factors considered by EP A when developing the categorical pretreatment standard.
(4) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15 and Rule 62-625.820, F AC.
(c) Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete
substitute for adequate treatment to achieve compliance with a discharge limitation lIDless expressly authorized by an applicable
pretreatment standard or requirement. The Director may impose mass limitations on users who are using dilution to meet applicable
pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
(d) All records relating to compliance with pretreatment standards shall be available to oflicials of the city, the WWF, EP A, or FDEP
upon request.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
Upon the promulgation of the national categorical pretreatment standards or alternative discharge limits for a particular industrial
subcategory, the pretreatment standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall
immediately supersede the limitations imposed under this chapter and shall be considered part of this chapter. After the city receives
notice, the city shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
The city reserves the right to establish by further ordinance or regulation more stringent limitations or requirements on discharges to the
sewage works if deemed necessary to comply with the objectives presented in this chapter.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
All users are prohibited from increasing the use of process water or, in any way, attempting to dilute a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with the limitations contained in the national categorical pretreatment standards,
alternative discharge limits, or in any other pollutant-specific limitation developed by the city or state.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
(a) A user shall provide protection from accidental discharge of restricted and prohibited materials or other substances required by
this chapter. Facilities to prevent accidental discharge of prohibited and restricted materials shall be provided and maintained at the
owner's expense.
(b) Prevention of accidental discharges requires, but is not limited to, providing secondary contairunent for storage of potentially
hazardous and/or regulated materials. 'lhe containment requirements are those specified in, but not limited to, 40 CFR 264.170 through
176 and the Pahn Beach County Wellfield Protection Ordinance 88-7 Section 5.01 through 5.04. Containment requirements must meet or
exceed the following criteria of this subchapter:
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(1) Containment Volume to be provided shall be in accordance with the regulations and ordinances listed and shall meet or exceed the
largest of the volume requirements found in those regulations and ordinances.
(2) Storage Sheltering. All outdoor storage shall be sheltered from rainfall, or a suitable means of removing rainwater from
secondary containment areas shall be provided.
(3) Conditions of the Stored Vessel. All stored containers shall be maintained in sound condition; no rust, corrosion, or other signs of
deterioration of the primary containment wall shall be permitted. All stored containers shall be closed and sealed during storage.
(4) Segregation of Chemically Heactive Contents. Materials which are potentially reactive with each other shall not be stored in the
same containment area, unless physical barrier separations are provided within the common area.
(5) Stand-by Materials/Equipment. Absorbents and pumps for pumping out spills shall be available when needed.
(6) Design of Containment Floor/Base. 'lhe floor or base of the containment area on which the stored vessels rest shall either be
sloped or raised or provided with a drain filUcet to prevent or minimize contact between the storage container wall and spilled content.
(7) Materials of Construction for Containment. 'lhe walls, sidings, and floor or base of the containment area shall be constructed of
materials which are chemically inert with the stored materials and which render the provided containment volume leak proof.
(c) On the request of the city, the user shall be required to submit detailed plans showing facilities and operating procedures to
provide this protection. All required users shall complete this plan within ninety (90) days after notification by the city. Iffurther required
by the city, a user who commences contribution to the public sewers after the effective date of this chapter shall not be permitted to
introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of those
plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet
the requirements.
(d) In the case of an accidental discharge, it is the responsibility of the user to immediately notify by telephone, the Utilities Director,
the Executive Director of the WWF, and the WWF. 'lhe notification shall include location of discharge, type of waste, concentration and
volume, and correction actions.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
Within five (5) days following an accidental discharge, the user shall submit to the WWF and the city a written report describing the
cause of the discharge and the measures to be taken to prevent similar future occurrences. The notification shall not relieve the user of any
expense, loss, damage, or other liability which may be incurred as a result of damage to the public/sanitary sewer system, the sanitary
sewer system, the WWF, fish kills, or any other damage to person or property; nor shall the notification relieve the user of any fines, civil
penalties, or other liability which may be imposed by this chapter or other applicable law.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees of whom to call, in the
event of a dangerous discharge. Furthermore, all employers shall ensure that all employees who may cause a dangerous discharge to occur
are advised of the emergency notification procedure.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
(a) Any industrial user who commences the discharge of hazardous waste shall notify the Director of Utilities, the Executive Director
of the WWF, the EPA Regional Waste Management Division Director, and the State hazardous waste authorities in writing of any
discharge into the City Sewer System of a substance which is a listed or characteristic hazardous waste lUlder Section 3001 ofRCRA or 40
CFR part 261. Such notification must include a description of any such wastes discharged, the name of the hazardous waste as set forth in
40 CFR part 261, the EP A hazardous waste number, the volume, concentration, and mass of such wastes, the type of discharge (continuous,
batch, or other), and an estimate of the volume of hazardous wastes expected to be discharged during the following twelve months.
Any notification under this paragraph need be submitted only once for each hazardous waste discharged. This requirement shall not
apply to pollutants already reported under the self~monitoring requirements.
(b) Dischargers are exempt from the requirements of paragraph (a) above during a calendar month in which they discharge no more
than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR Part 26l.30( d) and 26l.33( e).
Discharge of more than 15 kilograms of non-acute hazardous waste in a calendar month, or any quantity of acute hazardous waste, requires
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a one-time notification. Subsequent months during which the industrial user discharges more than 15 kilograms of hazardous waste do not
require additional notification, except for the acute hazardous wastes specified in 40 CFR 261. 30( d) and 261. 33( e).
(c) In the case of new regulations under Section 3001 ofRCRA identifying additional characteristics of hazardous waste or listing any
additional substance as a hazardous waste, the industrial user must notify the Utilities Director, the Executive Director of the WWF, the
EP A Regional Waste Management Division Director, and the State hazardous waste authorities of the discharge of such substance within
90 days of the effective date of such regulations, except for the exemption in paragraph (b) ofthis section.
(d) In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the
vollUlle and toxicity of wastes generated to the degree it has determined to be economically practicable and that it has selected the method
oftreatment, storage, or disposal currently available which minimizes the present and future threat to human health and the environment.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
Subdivision
F.
Reporting,
Inspections,
and
Monitoring
Within thirty (30) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source,
following commencement of the introduction of wastewater into the public/sanitary sewer system, the user shall submit to the Utilities
Director, a monitoring report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are
limited by pretreatment standards and requirements and the average and maximlUll daily flow for these process units in the user facility
which are limited by those pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards and
requirements are being met on a consistent basis and, if not, what additional pretreatment is necessary to bring the user into compliance
with the applicable pretreatment standards or requirements. 'lhis statement shall be signed by an authorized representative ofthe industrial
user.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
(a) Each significant user and/or permittee shall submit to the city during the months of May and November, unless required more
frequently in the pretreatment standard or by the city, a report indicating the nature and concentration of pollutants in the eflluent which are
limited by those pretreatment standards or this chapter. In addition, this report shall include a record of daily water conslUllption which,
during the reporting period, exceeded the average daily water consumption reported in the submission information. At the discretion of the
city and in consideration of those factors as local high or low flow rates, holidays, budget cycles, and the like, the city may agree to alter
the months during which the above reports are to be submitted. 'lhe user shall be responsible to quantify that fraction of daily water
conslUllption designated for discharge to the sanitary sewer, if different from the total water consumption.
(b) Reports of Changed Conditions. Each user must notify the Director of any planned significant changes to the user's operations or
system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change.
(l) The Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition,
including the submission under Section 26-161.
(2) The Director may issue a wastewater discharge permit under Section 26-160 or modify an existing wastewater discharge permit
under Section 26-160 in response to changed conditions or anticipated changed conditions.
(c) For purpose of this requirement, significant changes include, but are not limited to, flow 20% percent or greater, and the discharge
of any previously umeported pollutants.
(l) Reports of Potential Problems.
a. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nomoutine, episodic nature, a
noncustomary batch discharge, or a slug load, that may cause potential problems for the WWF, the user shall immediately telephone and
notify the of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known,
and corrective actions taken by the user.
b. Within five (5) days following such discharge, the user shall, unless waived in writing by the Director, submit a detailed written
report describing the cause(s) of the discharge and the measures to taken by the user to prevent similar future occurrences. Such
notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the
POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or
other liability which may be imposed pursuant to this chapter.
c. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the
event of a discharge described in a paragraph (A), above. Employee shall ensure that all employees, who may cause such a discharge toroccur, are advised of the emergency notification procedure.
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(d) Hepart ;rom Unpermitted Users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports
to the Director as required.
(e) Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed,
postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
(a) The city, through its employees, is authorized to inspect the facilities of any user to ascertain whether the purpose of this chapter is
being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall
allow the city or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling,
records examination, records copying, or in the performance of their duties. The city, WWF, state DEP, and EP A shall have the right to set
up on the user's property those devices as are necessary to conduct sampling inspection, compliance monitoring, or metering operations.
Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the
user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the
city, WW F, DEP, and EP A will be permitted to enter, without delay, for the purposes of performing their specific responsibilities (also see
Section 26-168). Penalty, see Sec. 26-177
(b) The user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional
sampling is not feasible, the Director may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the
user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required
to show compliance with instantaneous discharge limits. Exceptions to flow proportional sampling are samples for oil and grease,
temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds, which must be obtained using grab collection techniques.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
(a) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs, and
from inspections shall be available to the public or other governmental agency in accordance with applicable state statutes or federal law.
All reports submitted to the city shall be signed by an authorized oflicial and contain the following certification statement:
"1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of
the person or persons who manage the system, or those persons directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for
submitting false information, including the possibility fines and imprisonment for knowing violations."
(b) Information and data obtained from reports, surveys, permit applications, permits, monitoring requirements, and inspection and
sampling activities shall be made available to the public without restriction, lIDless the user specifically requests, and is able to demonstrate
to the satisfaction of the Director, that the release of such information would divulge information, processes, or methods of production
entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the
information or data.
(c) When requested and demonstrated by the user furnishing that such information should be held confidential, the portions of a report
which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available
immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement
proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "eflluent data" as defined by
40 CFR 2.302 will not be recognized as confidential information and will be made available to the public without restriction. A copy ofthe
procedure for handling confidential information will be kept on file at the WWF.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
Subdivision G. Waste Discharge Permits
A special permit will be required for each Significant Industrial User, and all other Industrial Users identified as having other than
domestic wastes or waste from sanitary conveniences at the discretion of the Utilities Director. The fixed life of a permit is set up to five
years from date of issue, and a renewed waste discharge permit will have a fixed life of up to five years. 'lhese permits may involve the
implementation of a formula for surcharge for wastes which exceed the sewage parameters for strength as set forth in Sections 26-162
through 26-165. Permits shall not be transferred, conveyed, assigned, or sold. Penalties, see Sec. 26-177
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(a) Wastewater Analysis. When requested by the Director, a user must submit information on the nature and characteristics of its
wastewater within sixty (60) days of the request. The Director is authorized to prepare a form for this purpose and may periodically require
users to update this information.
(b) Wastewater Discharge Permit Requirement.
(1) No significant industrial user shall discharge wastewater into the WWF without first obtaining a wastewater discharge permit
from the Director, except that a significant industrial user that has filed a timely application pursuant to section (c) of this section may
continue to discharge for the time period specified therein.
(2) The Director may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this
chapter.
(3) Any violation of the terms and conditions of a waste water discharge permit shall be deemed a violation of this chapter and
subjects the wastewater discharge permittee to the sanctions set out in Section 26-177. Obtaining a wastewater discharge permit does not
relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other
requirements of Federal, State, and local law.
(c ) Wastewater Discharge Permitting: Hxisting Connections. Any user required to obtain a wastewater discharge permit who was
discharging waste water into the WWF prior to the effective date of this ordinance and who wishes to continue such discharges in the
future, shall, within thirty (30) days after said date, apply to the Director for a wastewater discharge permit in accordance with Section 26-
161, and shall not cause or allow discharges to the WWF to continue after thirty (30) days the effective date of this ordinance except in
accordance with a wastewater discharge permit issued by the Director.
(d) Wastewater Discharge Permitting: New Connections. Any user required to obtain a wastewater discharge permit who proposes to
begin or recommence discharging into the WWF must obtain such permit prior to the beginning or recommencing of such discharge. An
application for this wastewater discharge permit, in accordance with Section 26-161, must be filed at least thirty (30) days prior to the date
upon which any discharge will begin or recommence.
(e ) Wastewater Discharge Permit Duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed
five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at
the discretion ofthe Director. Each wastewater discharge permit will indicate a specific date upon which it will expire.
(f) Wastewater Discharge Permit Contents. A wastewater discharge permit shall include such conditions as are deemed reasonably
necessary by the Director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's
efIluent, protect against damage to the WWF. Wastewater discharge permits must contain:
(1) A statement that indicates wastewater discharge permit duration, which in no event shall exceed (5) five years.
(2) A statement that the wastewater discharge permit is nontransferable without prior notification to the City of Boynton Beach in
accordance with paragraph (c) of this section, and provisions for furnishing the new owner or operator with a copy of the existing
wastewater discharge permit;
(3) Eflluent limits based on applicable pretreatment standards;
(4) Self~monitoring, sampling, reporting, notification, and record-keeping requirements. 'lhese requirements shall include an
identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law;
and
(5) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any
applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State,
or local law.
Wastewater discharge permits may contain, but need not be limited to, the following conditions:
(6) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and
equalization;
(7) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment
devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
(8) Requirements for the development and implementation of spill control plans or other special conditions including management
practices necessary to adequately prevent accidental, unanticipated, or nomoutine discharges;
(9) Development and implementation of waste minimization plans to reduce the amolUlt of pollutants discharged to the WWF;
(10) The unit charge or schedule of user charges and fees for the management ofthe wastewater discharged to the WWF,
(11) Requirements for installation and maintenance of inspection and sampling facilities and equipment;
(12) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for
compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the
wastewater discharge permit; and
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(13) Other conditions as deemed appropriate by the Director to ensure compliance with the ordinance, and State and F ederallaws,
rules, and regulations.
(g) Wastewater discharge permit modification. 'lhe Director may modify a wastewater discharge permit for good cause, including,
but not limited to, the following reasons:
(1) To incorporate any new or revised Federal, State, or Local pretreatment standards or requirements.
(2) To address significant alterations or additions to the user's operation, process, or wastewater volume or character since the time
of wastewater discharge permit issuance;
(3) A change in the WWF that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(4) Information indicating that the permitted discharge poses a threat to the City of Boynton Beach WWF, City personnel, or the
receiving waters;
(5) Violation of any terms or conditions ofthe wastewater discharge permit;
(6) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required
reporting;
(7) Revisions of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
(8) To correct typographical or others errors in the wastewater discharge permit; or
(9) To reflect a transfer of the facility ownership to a new owner or operator.
(h) Wastewater discharge permit transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the
permittee gives at least thirty (30) days advance notice to the Director and the Director approves the wastewater discharge permit transfer.
The notice to the Director must include a written certification by the new owner or operator which:
(1) States that the new owner and lor operator has no immediate intent to change the facility's operations and processes;
(2) Identifies the specific dates on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing wastewater discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date offacility transfer.
(i) Wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater
discharge permit reissuance by submitting a complete permit application, in accordance with Section 26-161, a minimum ofthirty (30)
days prior to the expiration ofthe user's existing wastewater discharge permit.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
(a) Contents of Application. All users required to obtain a wastewater discharge permit must submit a permit application. The
Director may require all users to submit as part of an application the following information:
(1) All information required by Section 26-156;
(2) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used
or stored at the facility which are, or could accidentally or intentionally be discharged to the WWF;
(3) Number and type of employees, hours of operation, and proposed or actual hours of operation;
(4) Each product produced by type, amount, process or processes, and rate of production;
(5) Type and amount of raw materials processed (average and maximrun per day);
(6) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size,
location, and elevation, and all points of discharge;
(7) Time and duration of discharges; and
(8) Any other information as may be deemed necessary by the Director to evaluate the wastewater discharge permit application.
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
(b) This application will define all of the pertinent data concerning the acceptance of industrial and commercial waste flows and will
provide the basis for the issuing of a permit certificate specifying limitations on what the user may discharge. 'lhe Permittee may appeal
specific conditions of the permit for a period of 30 calendar days following the date of issuance. After this period, the Permittee waives all
right to appeal the conditions of the permit.
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(c) The initial permit shall be effective for a period of up to five years from date of issuance and must be renewed annually by the
applicant in order to continue that waste discharge.
(d) An application for an initial permit shall be accompanied by a cashier's check for the first year's fees in the amount of $500 plus
the City's monitoring costs as prescribed by 40 CFR 403.
(l) Industrial and commercial waste discharge permit form. The form of permit for industrial and commercial wastes shall be as
specified by the city. Specific provisions for continued acceptance by the city of the waste shall be attached to and made a part of the
permit to discharge. The city may prescribe those items as equalized flow discharge, prechlorination, or additional limitations on waste
characteristics not adequately described in this ordinance or may prescribe pretreatment quality, requirements for the waste flow in detail.
(2) Henewal of industrial and commercial waste discharge permit. The application for a renewed waste discharge permit shall be
of a form specified by the city.
(e) Application signatories and certification. All wastewater discharge permit applications and user reports must be signed by an
authorized representative of the user and contain the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of
the person or persons, who manage the system, information submitted is, to the best of my knowledge and belief~ true, accurate, and
complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations."
(1) Wastewater discharge permit decisions. 'lhe Director will evaluate the date furnished by the user and may require additional
information. Within thirty (30) days of receipt of a complete wastewater discharge permit application, the Director will determine whether
or not to issue a wastewater discharge permit. The Director may deny any application for a wastewater discharge permit.
(g) Administration of permits.
(l) The administration of the industrial and commercial waste discharge permit program and the application of the surcharge
formula imposes additional obligations of the cities.
(2) The city, in addition to determining the waste flow volumes and analyzing the waste strengths for development of the
surcharge, must also maintain an accurate record ofthe permit applications, permits, meter installation details, meter calibrations, and shall
make available to each establishment the necessary renewal application forms.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
Subdivision H. User Charge and Industrial Cost
Recovery System
(a) There is imposed upon the owners or upon the users of each retail and wholesale customer served by the sewer system, a monthly
user charge for the use thereof as follows:
(1) Sewer rates. A charge for waste resulting from hlUllan occupancy which shall include all of the following factors for the operation
of the collection system and treatment of wastewater by the regional wastewater facility:
a. Operation and maintenance;
b. Debt service;
c. Capital costs;
d. System expansion;
e. Others as applicable
Consult the Water/Sewer Billing Department for the prevailing rates expressed as $11 ,000 gallons of water consumption.
(2) Sewer surcharge. A surcharge for waste in excess of the parameters for strength established in the industrial and commercial
waste ordinance, and set forth in Section 26-162(2) which may be assessed to applicable customers.
(b) Wholesale sewer rates.
(l) This section is applicable to those wholesale customers which maintain their own wastewater collection systems. 'lhey shall be
charged a flat rate per 1,000 gallons, the quantity of which shall be determined by the metering of the wastewater discharge from each
wholesale customer's individual wastewater collection system.
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(2) The metering device shall be satisfactory to the city and shall provide for a separate remote 30-day recording device which shall
have a totalizer. Location of the metering device shall be at an accessible location as agreed upon by the parties involved and as further
explained and stipulated in an agreement to be executed by both parties.
(3) All costs incident to the furnishing, installation, initial calibration, and maintenance on a continuing basis of the meter, are and
shall be, the wholesale customer's responsibility. The wholesale customer will provide to the city or its designated representative full
details on the proposed meter installation and assurance that the installation will commence only upon the written authorization of the city.
The city shall provide an authorization within ten (10) clays after receipt by the city of the details of the above proposed meter installation.
(4) The meter shall be read monthly by a duly authorized agent of the city, and the wholesale customer shall provide access to the
meter for this purpose. In the event of suspected inaccuracy in meter readings, the city shall have the right to request that the meter be
tested by an independent organization in accordance with standard practices. If the meter shall be fOlUld inaccurate or defective, the cost of
the meter test shall be borne by the wholesale customer. If the meter shall be found to be accurate and in good condition, the cost of the
meter test shall be borne by the city.
(5) In the event of extenuating circlUllstances, the Commission may, at its discretion, direct that suflicient proof other than the
installation of a metering device may be acceptable to determine the quantity of wastewater discharge.
(c) Calculation of sewer surcharge.
(1) Calculation of the sewer surcharge shall be in accordance with the following:
Parameter Percent of Eflect on Costs Allowable Level of Sewage Strength
BOD-5 41 ~ mg/l (ppm)
TSS 15 ~ " "
^ . 4+ 50 " "
. .Hlffioma
COD 41 444+ " "
Let:
F=Fl +F2~
Where:
F The factor to multiply the sewer rate for a surcharge due to excess strengths.
Fl The strength factor for BOD-5 or COD, whichever is higher.
F2 The strength factor for TSS (total suspended solids)
ji] TRs st-rSHgt-k fa~tsr fsr a1'H1'RsRia (tstal aHlmsma)
(2) The surcharge will be added to the sewer rate to develop the monthly cost per customer. As an example of sewer charge
calculations utilizing sewer rate and the strength surcharge formula, assume the following with respect to Ajax Manufacturing Company:
total monthly flow of 100,000 gallons; COD of eQQ. 900 mg/l; BODS of 500 milligrams per liter; total suspended solids of 900 milligrams
per liter; .^.HlffioRia at 100 mg/l; Prevailing monthly sewerrate is $1.52 per 1,000 gallons.
1. Sewer rate:
$1.52/1000 gallons (100,000 gallons/month) = $152/month
11. Sewer surcharge calculation:
Fl = OAl (~900 - ~ 800) - ~ 0.051
~ 800
F2 = 0.15 (900 - ~ 400
~ 400
)-~ 0.188
ji] - {HI (l00 50) - {HI
~
- 491 -
F=~ 0.051
+~ 0.188
~
~ 0.239
111. Total monthly charge (sewer rate plus surcharge):
$1 52/month + $1 52/month( ~ 0.239 ) = $ ~ 188.33
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
(a) A surcharge shall be applied over and above the standard sewer use fee when the wastes from any lot or parcel of land, upon
which there is located any building or activity, contain B.OD., C.OD., ammonia, or suspended solids concentration higher than defined
herein.
(b) The surcharge in dollars shall be computed by the formulas included in this subchapter established for the user charge and
industrial cost recovery system. Computation of Surcharges will be based on efIluent analyses at a frequency determined by the User's
water consumption as follows:
(1) Monthly eflluent analyses for water usages at more than 100,000 gallons per month.
(2) Semi annual eflluent analyses for water consrunption less than 100,000 gallons per month.
Surcharges will remain in eflect nntil a new efIluent analysis is required or changed based on interim analyses by the User using a
Certified Water Testing Laboratory at the User's expense.
Sewer Surcharges will constitute a new line item on the prevailing Water/Sewer Bill prepared monthly per User of the system and
subject to prevailing regulations/penalties for late or nonpayments. Reimbursements of Surcharge related monitoring expenses initiated by
the City of Boynton Beach are required.
(c) Nothing in this chapter shall restrict the city from making additional adjustments in rates if it is found that the nature or quantity of
the waste creates an additional burden on the system or if those adjustments are necessary to comply with regulations of the State
Department of Environmental Protection or the United States Environmental Protection Agency.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
(a) At the discretion of the Director of the Public Utilities System, there is imposed upon all users of each industrially and
commercially classified property served by the sewer system an annual cost recovery assessment.
(b) The annual cost recovery is as follows:
(1) SID Industrial Permit Fee-$500.00 plus monitoring costs.
(2) CommerciallIndustrial User Fee-$50.00 plus monitoring costs.
Permit Fees, CommerciallIndustrial User Fees and related monitoring costs reimbursements must be paid within thirty (30) days of Permit
issuance or receipt of Monitoring Cost Recovery Notice.
CommerciallIndustrial User Fees will be billed as a new line item on the prevailing Water/Sewer Bill prorated over a period of twelve
months, but billed monthly; a monthly payment of $4.17 will be added to the prevailing Water/Sewer Bill.
(c) SIU Industrial Permit Fees and CommerciallIndustrial User Fees shall be prorated for existing permit holders and users upon
enactment ofthis division.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
This subchapter shall be subject to review and revision on the minimum of an annual basis, and the city reserves the right to modify this
subchapter or any parts thereof at any time or from time-to-time.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
(a) Any person found to be violating any provision of this subchapter shall be served by the city with written notice stating the nature
of the violation. The person shall provide a written plan within thirty (30) days for the satisfactory correction thereof.
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(b) The Director may enter into consent orders, assurances of voluntary compliance, or other similar docrunents establishing an
agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the
noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative
orders issued pursuant to this ordinance and shall be judicially enforceable.
(c) Any person violating any of the provisions of the subchapter shall become liable to the city for any expense, loss, or damage
occasioned the city by reason of that violation.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
Subdivision 1. Administration
The WWF is responsible for the proper treatment and disposal of all waste that is proper to process through the regional treatment
facilities, beginning at the point source.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
(a) To the extent permitted by general law, the proper oflicial and other duly authorized employees oUhe city or the WWF bearing
proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observations, measurement,
sampling, and testing in accordance with the provisions of this chapter. 'lhe oflicial or his representatives will not inquire into any
processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on
the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
(b) To the extent permitted by general law, the proper oflicial and other duly authorized employees of the city or the WWF bearing
proper credentials and identification shall be permitted to enter all private properties through which the city holds an easement for the
purposes of~ but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage
works lying within that easement. Penalty, see Sec. 26-177
(c) If the Director or designee has been refused access to a building, structure, or property, or any part thereof, and is able to
demonstrate probable cause to believe that there may be a violation oUhis chapter, or that there is a need to inspect and/or sample as part of
a routine inspection and sampling program to verify compliance with this ordinance or any permit or order issued hereunder, or to protect
the overall public health, safety and welfare of the community, then the Director may seek issuance of an inspection warrant pursuant to
Sections 933.21-933.26, Florida Statutes, from the Pahn Beach County Court.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
(a) The city may suspend the wastewater treatment service to any user, including other local governments, when the suspension is
necessary, in the opinion of the Utilities Director, in or DEP to stop an actual or threatened violation which presents or may present an
imminent or substantial endangerment to the health or welfare of persons or the environment, causes interference to the WW F, caused the
WWF to violate any condition of its NPDES permit, or causes the city to be in violation of any of its agreements with the WWF.
(b) Any user notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the contribution. In the
event of a failure of the user to cause the user to volimtarily comply with the suspension or DEP, the city shall take steps as deemed
necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the city or WWF systems or
endangerment to any individuals. 'lhe city may reinstate the wastewater treatment service upon proof of the elimination of the non-
- 493 -
complying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the
measures taken to prevent any future occurrence shall be submitted to the city within fifteen (15) days from the date ofthe occurrence.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalties, see Sec. 26-177
The City shall publish annually, in the largest daily newspaper published in the City, a list of the industrial users which, during the
previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. 'lhe term
"significant noncompliance" shall mean:
(a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66%) percent or more of wastewater
measurements taken during a six-month period exceed the daily maximrun limit or average limit for the same pollutant parameter by any
amount;
(b) Technical review criteria (TRC) violations, defined here as those in which thirty-three (33%) percent or more of wastewater
measurements taken for each pollutant parameter during a six-month period equals or exceeds the product ofthe daily maximrun limit or
the average limit multiplied by the applicable criteria (one and four-tenths (1.4) for BOD, TSS, tats, oils and grease, and one and two-tenths
(1.2) for all other pollutants except pH;
(c) Any other discharge violation that the City believes has caused, alone or in combination with other discharges, interference or pass
through (including endangering the health of City personnel or the general public);
(d) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the
City's exercise of its emergency authority to halt or prevent such a discharge;
(e) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater
discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(f) Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, ninety-day
compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(g) Failure to accurately report noncompliance;
(h) Any other violation(s) which the City determines will adversely aflect the operation or implementation of the local pretreatment
program.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
Subdivision J. Violations; remedies
No person shall knowingly make any false statements, representations, or certification in any application record, report, plan, or other
document filed or required to be maintained pursuant to this division, or falsify, tamper with, or knowingly render inaccurate any
monitoring device or method required under this division.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
(a) Any user subject to enforcement action under the provisions of this division may request a hearing before the Utilities Director
within ten (10) days of receipt of notification or proposed enforcement action. A hearing is to be held by the Utilities Director concerning
- 494 -
the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the
Utilities Director why the proposed enforcement action should not be taken.
(b) The Utilities Director may conduct the hearing and take the evidence, or, at the Utilities Director's sole discretion, may designate
the City Attorney or an independent arbitrator to:
(1) Issue, in the name of the City, notices of hearing requesting the attendance and testimony of witnesses and the production of
evidence relevant to any matter involved in that hearing.
(2) Take evidence and hear testimony (the strict rules of evidence shall not apply to any hearing).
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendation to the
Utilities Director or his designee for action thereon.
(c) At any hearing held pursuant to this division, testimony taken must be under oath and recorded stenographically, with the costs
thereof to be borne by the user. The transcript, so recorded, will be made available to any member ofthe public or any party to the hearing
upon payment ofthe usual charges thereof.
(d) After the Utilities Director or his designee has reviewed the evidence, he may issue an order to the user responsible for the
noncompliance( s) stating that, following a thirty-day time period to provide remediation of noncompliance( s), penalties as per Section 26-
177 will go into effect. Further orders as are necessary and appropriate may be issued.
(e) The City shall also establish and assess against the user, appropriate surcharges or fees to reimburse the City for the additional cost
of operation and maintenance of the wastewater treatment works due to the violation ofthis division.
(1) Costs for conducting a show cause hearing shall be borne by the user requesting the hearing if the enforcement action is upheld.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
If any person discharges sewage, industrial wastes, or other wastes into the city's wastewater disposal system contrary to the provisions
oUhis chapter, federal or state pretreatment requirements, or any order of the city, the city's attorney may commence an action against the
user for appropriate legal relief~ in the appropriate court which has jurisdiction; and to the extent permitted by law, shall seek recovery of
all city costs and expenses related to those actions against the user by the city.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
All users are required to retain and preserve for no less than three (3) years, any records, books, documents, memoranda, reports,
correspondence, and any and all summaries thereto, relating to monitoring, sampling, waste hauling and chemical analyses made by or on
behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or
any other enforcement or litigation activities brought by the WWF or the city pursuant hereto shall be retained and preserved by the user
until all enforcement activities have concluded and all periods oflimitation with respect to any and all appeals have expired.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177
An escalating enforcement strategy shall be used by the City to maintain compliance with this chapter. The various types of
enforcement actions shall be used as determined by the Director and/or Code Enforcement Division and/or the City Attorney depending on
the type or severity ofthe violation. A copy of the enforcement plan will be kept on file at the WWF.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
(a) Affirmative Defenses to Discharge Violation.
(l) Consent Orders. 'lhe Director may enter into Consent Orders, assurances of vohmtary compliance, or other similar documents
establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the
user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as
the administrative orders issued pursuant to Section 26-172(D) and shall be judicially enforceable.
(b) Upset.
- 495 -
(1) For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary
noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not
include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities,
lack of preventive maintenance, or careless or improper operation.
(2) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if
the requirements for paragraph (c), below are met.
(3) A user who wishes to establish the aflirmative defense of upset shall demonstrate, through properly signed, contemporaneous
operating logs, or other relevant evidence that:
a. An upset occurred and the user can identify the cause(s) of the upset;
b. The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation
and maintenance procedures; and
c. The user has submitted the following information to the Director within twenty-four (24) hours of becoming aware ofthe upset
ifthis information is provided orally, a written submission must be provided within five (5) days:
1. A description of the indirect discharge and cause of noncompliance;
ii. The period of noncompliance, including exact dates and time or, if not corrected; the anticipated time the noncompliance is
expected to continue; and
111. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
d. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
e. Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for
noncompliance with categorical pretreatment standards.
f. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment
standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is
provided. 'lhe requirement applies in the situation where, among other things, the primary source of power of the treatment facility is
reduced, lost, or fails.
(b) Hypass.
(1) For the purpose ofthis section,
a. "Bypass means the intentional diversion of waste streams from any portion of a user's treatment facility.
b. "Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them
to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage does not mean economic loss caused by delays in production.
(2) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it
also if it also is for essential maintenance to assure eflicient operation. 'lhese bypasses are not subject to the provision of paragraphs (b )(3)
and (4) ofthis section.
(3) a. If a user knows in advance of the need for a bypass, it shall submit prior notice to the Director, at least ten (10) days before
the date of the bypass, if possible.
b. A user shall submit oral notice to the Director of an unanticipated bypass that exceeds applicable pretreatment standards within
twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of
the time the user becomes aware ofthe bypass. The written submission shall contain a description ofthe bypass and its cause; the duration
of the bypass, including exact dates and times, and, ifthe bypass has not been corrected, the anticipated time it is expected to continue; and
steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. 'lhe Director may waive the written report on a case-
by-case basis if the oral report has been received within twenty-four (24) hours.
(4) a. Bypass is prohibited, and the Director may take an enforcement action against a user for a bypass, unless:
1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage.
ii. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have
been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
111. The user submitted notices as required under paragraph (b)(3) of this section.
b. The Director may approve an anticipated bypass, after considering its adverse effects, ifthe Director determines that it will meet
the three conditions listed in paragraph (b)(4)a. of this section.
- 496 -
(Ord. No. 99-21, S 1,8-3-99)
Failure to comply with any Chapter 26 ordinances that relate to the actual and/or potential introduction of prohibited and/or restricted
eflluents into the sanitary sewer system requires penalties as mandated by federal law; e.g. Federal Pretreatment Regulations Section
403. 8( f)(1 )(vi)(A) requires penalties up to the amount of $1 ,000.00 per day per violation which goes uncorrected.
(a) Any user who is found to have violated an Order ofthe city or who fails to comply with any provision ofthis chapter for which
another penalty is not provided, and the orders, rules, and regulations issued hereunder, shall be penalized up to $1,000 per day for each
offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct oflense. Such fines shall be
assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for
each day during the period of violation. A lien against the user's property will be sought for unpaid charges, fines and penalties. In
addition to the penalties provided herein, the city may recover all reasonable attorneys' fees, court costs, court reporters' fees, and other
expenses of litigation by appropriate motions or suit at law against the user or person found to have violated this chapter or the orders,
rules, regulations, and permit issued hereunder.
(b) Penalties for Lontinuing Violations. Any person who shall continue any violation beyond the time limit provided for in Section
26-166( a) shall be guilty of a violation, and on conviction thereof, shall be penalized in the amount not exceeding $5,000 for each offense.
Each day in which any violation shall continue shall be deemed a separate offense.
(c) Whoever violates Section 26-171 shall, upon conviction, be punished by a fine of not more than $1000 or by imprisonment for not
more than sixty (60) days, or by both.
(d) V,TithiR 30 days of aflY afld all '.'iolatioHs, the user shall cause a sample of the discharge to be takeR afld laboratory aflalysis
flsrf8fmsiil 81'1 saiiil sa+Hflls at their S~[flS1'1SS with t-hs rssults t8 BS flr8'.'iiilsiil t8 ths l.lt.jJit-iss Dirs~t8r. Ths Ut-ilitiss Dirs~t8r ma:,' rSEfHirs ftH1:-hsr
sampliRg at such times as deemed appropriate.
(e) The remedies and penalties provided for in this chapter are not exclusive. 'Ihe Director may take any, all, or any combination of
these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's
enforcement response plan. However, the Director may take other action against any user when the circumstances warrant. Further, the
Director is empowered to take more than one enforcement action against any noncompliant user.
(Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99)
- 497 -
- 498 -
City of Boynton Beach Sewer Discharge Limits:
Parameter Limit
Metals
1~F1tiFfleFlY 2.9 Ffl~/I
Arsenic 1.96 F1'1!!JI
Cadmium 8.98 F1'1!!.'1
CArSFfliblFfl HSH8vslsFlt 9.8 Ffl~/I
Chromium-Total 17.78 F1'1!!.'1
Copper 1 e.~9 F1'1!!/1
~ ~
Lead 1.88 F1'1!!.'1
Mercury 8.77 F1'1!!JI
Molybdenum 1.18 F1'1!!.'1
Nickel 8.9ei F1'1!!JI
Selenium 1.:2 F1'1!!}1
Silver 2.9€ F1'1!!.'1
Zinc 8.9ei. F1'1!!/1
Inorganics
I~FflFfleFlia (sblr8Aar~e) 188 F1'1!!/1
Chloride e99 F1'1!!/1
Cyanide ei.e1 F1'1!!JI
CysFlia8 BFflsFls13le 9.8 Ffl~/I
te 6RleriRatisR 8.5 F1'1!!.'1
rlbl8Fia8 89 Ffl~fl
-PR pH 5.5 -- 9.5 std. units
Temperature 150 deg . F
Organics
CBOD (St:lre19Bl'!!s) 588 F1'1!!.'1
COD (st:lrs19sr!!s) 1888 F1'1!!/1
Oil and grease 289 F1'1!!!1
Petroleum hydrocarbons 25 mg/l
Phenol 5.0mgll
rReRslie 6SFflI36b1ReJS, tetel 5.8 F1'1!!.'1
Total Toxic Organics (HO) 5 mgll ( No 1 > 1.0 mgll )
TSS (st:lrs19sl'!!s) egg 400/500 *mgll
Particle size < 1/2"
Radioacative elements Are prohibited
- 499 -
Florida Department of
Environmental Protection
Charlie Crist
Governor
._-~~~ ~---~~~
Bob Martinez Center
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
I err Kottkarnp
Lt, Governor
Michael W. Sole
SecretalY
July 14, 2008
Mr. Willie Williams
Pretreatment Coordinator
South Central Regional Wastewater Treatment and Disposal Board
1801 North Congress Ave.
Delray Beach, FL 33445
Re: South Central.Regional Wastewater Treatment and Disposal Board
Pretreatment Program Audit
Permit Number FL0035980
Dear Mr. Williams:
On April 23, the Florida Department of Environmental Protection (Department) performed a pretreatment
program audit (PPA) of the South Central Regional Wastewater Treatment and Disposal Board (Board)
pretreatment program. The purpose of the PPA was to evaluate the effectiveness of the program in
controlling industrial discharges and in meeting the requirements of Chapter 62-625, Florida
Administrative Code (FAC.).
The PPA consisted of the standard program interview; a review of the industrial user files Waste
Management of Palm Beach (Waste Management) and Micronized Fluropolymer Products,
Inc.(Micronized); and a site visit to Micronized. As part of the PPA, the Board's enforcement response
plan, and the City of Boynton Beach's and City of Delray Beach's sewer use ordinances were also
reviewed.
Based on the PPA, the Board is adequately implementing its pretreatment program. However, there are
a few issues that need to be addressed. A summary of the findings from our PPA is contained in
Attachment A and a summary of the sewer use ordinances review is contained in Attachment B.
Please review the attachments and respond to the Department addressing our concerns by August 29. If
you have any questions regarding this correspondence, or need any assistance, please contact Sam
Jinkins or myself at the letterhead address or at (850) 245-8605.
Sincerely,
----pzr~
Dawn K. Templin, P.E.
Pretreatment Coordinator
DKT/swj
Attachments
cc: Tim Powell, P.E., DEP Southeast District Office
Dennis Coates, SCRWTDB
Paul Decarolis, City of Delray Beach
Arsenio Elizondo, City of Boynton Beach
"Morc Protcction. Less Process"
G;\Dome,tioIPROTREAnsoUTH CENTRAI.\INSPIPI'A Q7.oo.doo www.dep.slate.fl.us
- 500 -
ATTACHMENT A
Pretreatment Program Audit
South Central Regional Wastewater Treatment and Disposal Board
Audit Date: April 23, 2008
The following is a summary of a Pretreatment Program Audit (PPA) of the South Central
Regional Wastewater Treatment and Disposal Board (Board) Industrial Pretreatment Program.
Sam Jinkins of the Florida Department of Environmental Protection (Department) performed the
PPA. Willie Williams represented the Board, and Paul Decarolis and Gene Tarver represented
the Cities of Delray Beach (Delray) and Boynton Beach (Boy ton), respectively.
The comments identify particular program areas where improvements should be incorporated to
meet applicable pretreatment program requirements and areas where improvements are
suggested to facilitate effective implementation of the program.
General Comments
It was discussed during the PCI, that once the Board's wastewater discharge permit is
renewed, there will be a requirement to re-evaluate its local limits. Although not required, it
is recommended that a Plan of Study (POS) be submitted to the Department prior to
commencing local limits sampling. The POS can help to prevent re-sampling, due to
improper locations, or additional analyses due to improper detection limits. A copy of the
Department's Plan of Study Summary was sent via email on June 1, to assist you when
preparing the POS. .
Industrial User Control Mechanisms
1. Two of the required permit elements were missing from the industrial user control
mechanisms (permits) for Micronized and Waste Management. In accordance with Rule
62-625.500 (2)(a)2, FAC., the following required notification requirements must be
included in all industrial user permits:
a. Part 5., Section C.4. of both permits require that the significant industrial user
(SIU) report any slug loads to the Board within 24 hours of occurrence.
However, in accordance with Rule 62-625.600(5), FAC., all IUs must notify the
Board immediately of all discharges that could cause problems, including slug
discharges. The immediate notification of a slug discharge requirement must be
included in each SIU permit. Please revise all SIU permits to include this
requirement as they are renewed.
b. The notification requirements for bypass in Part 5., Section A. k) of both permits
require five days notice for unanticipated bypass. However, in accordance with
62-625.860(2)(b), FAC., the SIU must submit oral notification of a bypass within
24 hours of becoming aware of the bypass and a written submission must be
provided within 5 days of the time the SIU becomes aware of the bypass.
Please revise all SIU permits to include all bypass notification requirements as
they are renewed.
- 501 -
2. There are several typographical errors in the "Monitoring Requirements" table of Waste
Management's permit. For example, "NOTE A pg 4" is noted in the "Frequency" column
for "Water Flow" on the table; however, the reference could not be found on page 4 of
the permit. The Department recommends reviewing the references in the table and
revising the permit, as necessary, to correct the typographical errors when the permit is
renewed.
Enforcement Response Plan (ERP)
The review of the ERP for Delray indicated that several anticipated types of noncompliance,
and specific procedures to identify and track noncompliance were not included. Additionally,
the ERP does not indicate time frames for response to a noncompl1ancebyan industrial user.
In accordance with Rule 62-625.500(2)(d), FAC., an ERP must contain detailed procedures
that, at a minimum:
1. Describe how the control authority will investigate instances of noncompiiance; and
2. Describe the types of escalating enforcement responses the control authority will take in
response to all anticipated types of industrial user violations and the time periods within
which responses will take place.
Guidance on the development of an ERP and a model ERP is available in Chapter 9 of the
State of Florida Guidance Manual for Pretreatment Programs, (July, 2001) or the EPA's
Guidance for Developing Control Authority Enforcement Response Plans (September 1989).
The Department recommends that the Board review the enforcement response plan and
evaluate the need to update the current ERP.
Additionally, in accordance Item 36 (pg 39) of the Agreement, it appears that Boynton and
Oelray are responsible for enforcement of their own sewer use ordinances. Therefore, an ERP
from each City or an ERP from the Board, that each City agrees to follow, should have been
submitted during the PPA. An ERP was received; however, it appears that the submitted ERP
is for Delray only and an ERP was not received from the Board or from Boynton. Please
indicate in your response if the Board or Boynton has adopted Delray's ERP.
- 502 -
Attachment B
Sewer Use Ordinance
Review Summary
Reviewed by: Samuel Jinkins
Due to the relationship between the Board and the Cities of Delray Beach (Delray) and Boynton
Beach (Boynton), the sewer use ordinances '(SUO) of both of the Cities were reviewed. It was
noted that the Industrial Waste and Pretreatment Agreement (Agreement), between the Board
and the Cities, addresses the requirement for the Cities to adopt a sewer use ordinance that is
no less stringent than the requirements listed in the Agreement. Since the Board is the control
authority and the requirements for the Cities to adopt an SUO are contained in the Agreement,
it is the Board's responsibility to ensure that each City's SUO meets the requirements of Rule
62-625.500(2)(a), F.A.C. -..._~~-~--
The review is based on the requirements for legal authority as specified in Rule 62-
625.500(2Xa), FAC. Where appropriate, references are made to the 1992 Model
Pretreatment Ordinance (EPA 833-B-92-003) prepared by the U.S. EPA Office of Wastewater
Enforcement and Compliance, Permits Division. A copy of the model ordinance can be found in
the State of Florida Guidance Manual for Pretreatment Programs.
Checklist
Reference
SUO
Reference
Comment
1.4
53.004
(Delray)
5.3
53.102
(Delray)
6.8
26-177(d)
(Boynton)
53.999
(Delray)
6.10
53.084
(Delray)
The definition of grab sample in the Delray SUO is
incorrect. This definition states that the sample should be
collected n. ..without consideration of time." The correct
language should state that the sample is taken "...with no
regard to the flow in the waste stream and over a time
period not to exceed 15 minutes." Please refer to Section
1.4 of the Model Ordinance and revise the definition in
Delray's ordinance accordingly.
The section regarding permit appeals could not be found
in the SUO for Delray. The Department recommends
referring to Section 5.3 of the Model Ordinance and
adding this section to the SUO for Delray.
In accordance with Rule 62-625.600(6)(b), FAC., and
item 18 of the Agreement requires any industrial user to
notify the respective City within 24 hours of becoming
aware of a violation. However, it was noted that neither
Delray's nor Boyton's SUO contain the 24 hour notification
requirement. Please refer to the above noted Rule, item
18 of the agreement and Section 6.8 Model Ordinance
and add this requirement to both City's SUOs.
The Department recommends referencing Chapter 62-
160, FAC., and Rule 62-625.600(1)(e)6, FAC., in
addition to the federal rule reference of 40CFR, part 136,
regarding sample collection and analysis in Delray's SUO.
- 503 -
Checklist
Reference
SUO
Reference
10
Comment
11.4
13.2
None
None
None
The following administrative enforcement remedies were
not found in the either SUO for Boynton or Delray:
Compliance Orders/Schedules (section 10.4); and Cease
and Desist Orders (section 10.5). The Department
recommends referring to Sections 10.4 and 10.5 of the
Model Ordinance and include these enforcement
remedies in both SUOs.
The sectioh concerning Remedies Nonexclusive could not
be found in the SUO for Delray. The Department
recommends referring to-Section -1-1-:-4-0f-the Mode'--~---- -- ----~---
Ordinance and adding this section to the Delray's SUO.
The affirmative defenses to discharge violations for the
Prohibited Discharge Standards were not found in
Boynton's or Delray's SUO. In accordance with Chapter
62-625.400(1)(b), FAC., an industrial user must have an
affirmative defense to discharge violations. Please refer
to the above noted Rule and Section 13,2 of the Model
Ordinance and add this item to the SUO.
- 504 -