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Agenda 03-07-00March 7, 2000 T. OPENINGS: · GIVE CIVil' OF BOYNTON BEACH ~'~ ~ ~ ~ ~ FINAL AMENDED AGENDA /_clfi ANAGER'S FF CE 6:30 P.M. Call to Order - Mayor 3erry Broening Invocation - Reverend Conrad Braaten - Ascension Lutheran Church Pledge of Allegiance to the Flag led by Commissioner Nellie Denahan ZF YOU WISH TO ADDRESS THE COMMISSION: TI. A. Appointment To Be Made DAIS) BEFORE THE "OPENINGS" + COME TO THE PODZUt4 WHEN THE t4AYOR CALLS YOUR NAME TNDZVZDUAES HAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. AddiUons, Deletions, Corrections 2. Adoption ADMZNZSTRATZVE: Appointments to be made: Board Length of Term Expiration Date I Weiland III Sherman IV Tiliman III Sherman I Weiland II Denahan III Sherman IV 'Rllman III Sherman IV Tillman Children & Youth Advisory Board Alt Bldg. Board of Adjustment & Appeals Alt Bldg. Board of Adjustment & Appeals Alt Code Compliance Board Alt Community RetaUons Board Alt Community Relations Board Alt EducaUon Advisory Board Reg Education Advisory Board Reg Ubrary Board Reg Recreation & Parks Board Alt 1 yr term to 4/00 1 yr term to 4/00 1 yr term to 4/00 3 yr term to 9/00 Tabled (3) ! yr term to 4/00 t yr term to 4/00 2 yr term to ,~/01 Tabled (3) 2 yr term to '~/01 Tabled (2) 3 yr term to 4/01 Tabled 1 yr term to 4/00 "Regular City Commis~siOn March 7, 2000, :'.,. ~:AJN_N_N_N_N_N_N_~~ENTS & PRESENTATZONS: A. Announcements: B. Presentations: 1. Proclamations: a. HeadStart Week - March 13-17, 2000 b. Red Cross Month - March 2000 Presentation and Acceptance of 1998/99 Annual Comprehensive Rnandal Report by Paul Bremer, Ernst 8, Young Presentation of the Government Finance Officers Association Certificate of Achievement Award for the Annual Comprehensive Rnandal Report for fiscal year ended September 30, 1998 ~V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the ac'don indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 2. 3. 4. Agenda Preview Conference of February 9, 2000 Spedal City Commission Meeting of February 9, 2000 Regular City Commission Meeting of Februaw 15, 2000 Spedal City Commission Meeting of February 17, 2000 Bids - Recommend Approval - All expenditures are approved in the 1999-2000 Adopted Budget Extend the "ANNUAL PARTS & SUPPI_ZES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT" - BID #035-1412-00/SP for one (1) additional year to various vendors by manufacturer with an estimated annual expenditure of $80,000 (New Bid #042-1412-00/KR) Extend the ANNUAL CONTRACT FOR SUMMER CAMP TRANSPORTATION SERVICES to Quality Transport Services, Inc., BID #047-2710-00/KR in the amount of $275 per bus per day. The estimated total expenditure for the Summer Day Camp program is $10,725 (PROI~OSED RESOLUTION NO. ROO-~I~) Agenda Regular City Commission March 7~ 2000 = Extend the ANNUAL CONTRACT FOR LANDSCAPE MAZNTENANCE, BID #046-2730-00/KR to Tare Landscape, First Genesis Lawn Service and Luis Cintron's Lawn Service, until such time that a new bid can be awarded, not to exceed .lune 30, 2000. The e~imated expenditure is $163,300 4, INTENTIONALLY LEFT BLANK. iEpprove the PURCHASE OF A LOCAL LAW ENFORCEMENT PURSUFF HICLE W/OPTIONS utilizing State Contract #070-001-99-1, as awarded y the State to Duval Ford in the amount of $22;350 6. INTENTIONALLY LEFT BLANK (Moved to New Business) Award the "ANNUAL 8ID FOR READY MIX CONCRETE", BID #030-1411- 00/SP,~te Fi0rida Rock Industries, Inc., in the.amount of $41,087.50 [Bid #99-zlO/City of :Delray Beach lead entity) P. esolutions: Proposed Resolution No. R00-20 Re: Approving the $1 million tri- path/[nterlocat Agreement between Palm Beach County, Beynton Cultural Centre, Inc. and the City of Boynton Beach for funding the capital improvements and exhibits for the 1913 Schoolhouse Museum Proposed Resolution No. R00-21 P,e: Approving the application for a grant from the Flodda ]Inland Navigation District (FIND) in an amount up to $25,000 for maintenance dredging of an existing channel from Boat Club Park to the Boynton Tnlet Proposed Resolution No. R00-22 Re: Approving the appointment of Ouintus L 'Greene, Director of Development and Michael Rumpf, Planning and Zoning Director, as the City's representative and alternate, respectively, to the Technical Advisory Committee O-AC) of the Metropolitan Planning Organization of Palm Beach County, repladng the former Director of Development and alternate Proposed Resolution No. R00-23 Re: Approving the appointment of Mary Lynne Ramsey as Legal Secretary Proposed Resolution No. R00-24 Re: Approving the appointment of Wayne Begal as Director of Media & Public Communications Proposed Resolution No. R00-2_5 Re: Authorizing the Mayor and the Oty Clerk to execute a communications site lease agreement (ground) and a memorandum of agreement between the City of Boynton Beach and Nextel South Corp, 3 Agenda ReguZar City Commission Narch 7, 2000 Proposed Resolution No. R00-26 Re: Appointing Kurt Brassner as City Manager and authorizing the Mayor and Cib/ Clerk to execute an appointment agreement between Kurt Bressner and the City of Boynton Beach. D. Ratification of Planning & Development Board Action: CH:jestic Greeting Card CSoutheast comer of High Ridge Road and mmerce Road) - Request site plan approval to ~onst~uctn' a 43,651 square foot 2-story printing/warehouse/office facility on 2.97 acres - E. Approve ~penditures from Law Enfomement Trust Funds in the amount of $3,785 to We Change Foundation" Approve purchase for the fabrication and installation of a Sliding Double Gate System from Comet Fence Corporation at' the East Water Treatment Plan site, Woolbdght in the amount of $18,27~,.03 Approve the contract with Vila & Son Landscaping Corporation, piggybacking on Board of County Commissioners of Palm Beach County contract, Bid #399052 to complete the landscaping projects on Seacrest Court, NW 17~ Avenue, Ocean Parkway medians and the Circles in the Ridgewood Hills Subdivision for an amount not to exceed $12.0,000 under the Neighborhood Assistance Program CITY MANAGER'S REPORT: PUBI_[C AUDZENCE: TNDZVZDUAL SPEAKERS W~LL BE L.~MI"rED TO 3-MTNUTE PRESENTATIONS VZ~ PUBLZC HEARZNG: 7:00 P.H. OR ASSOONTHEREAFTERASTHE AGENDAPERHI*TS None V~ZZ. BZDS: None 4 Agenda Regular City Commission t4arch 7, 2000 DEVELOPMENT PLANS: None NEW BUS]NESS: Consider setting aside $16,500 in fiscal year 2000-2001 and $16,500 in fiscal year 2001-2002 to support the On Cam pus Intervention Program at Congress Middle School B. Approve a Special Event Permit for B.A.P.S. church groundbreaking ceremony e~/ent om March 12, 2000 subject to tent inspections by City officials APprove Special City Commission meeting to be held at 6:00 p.m. on ~ednesday~ March 15, 2000 for acceptance of ele~on results and administration Oaths of Office to new City cOmmissioners Overview and d'~cussion of awarding the annual bid for custodial services for db/ facilities to Golden Mark Maintenance in the amount of $I12,620. E. Discuss Storm Water Fees as requested by Commissioner Weiland F. Discuss Upgrading Minimum Landscape Requirements as requested by Commissioner Weiland Discuss Title Change and Compensation Adjustment for Interim City Manager as requested by Mayor Broening LEGAL: A. Ordinances - 2nd Reading - PUBL/C HEAR]NG Proposed Ordinance No, 000-02 Re: Providing for determination whether changes to the comprehensive development of regional impact constitutes a substantial deviation under 380.06 F.S. and whether further development of regional impact review is necessary, amending the development order for quantum Park Proposed Ordinance No O00-03 Re: Amending land development regulations, uses permitted to allow recreational and attractions as defined for the industrial land use classification, multi-family residential and mixed use residential/commercial uses in P.[.D.S. totaling a minimum of 500 acres, by amending Uses Prohibited to exdude multi-family from prohibited uses. Agenda Regular C~ty CommL~sion March 7, 2000 B. Ordinances - 1~ Reading Proposed Ordinance No. 000-04 Re: Amending Sections 8.A.5.a(5) and 8.A.4.e of the M-1 zoning distdct to allow as condiUonal uses the cutting of sub-primal portion of meat (8erry Veal) = Proposed Ordinance No. 000-05 Re: Abandonment of' three (3) segments of street rights-of-way for Wal-Mart Proposed Ordinance No. O00-06 Re: Abandonment of two (2) segments of special purpose easement rights-of-way for Wal-Mart 4. Proposed Ordinance No. 000-07 Re: Abandonment of street rights-of-way for BAPS Temple C. Resolutions: Proposed Resolution No. R00-27 Re: Approving an agreement between the City's G.A.L.A. Committee and Sheldon Amusements for the amusement company to plan, organize and implement the Kids Komer games and rides area for the period of March 16 through 19, 2000 D. Other: 1. Add Chapter 9, Section 9-51 (e) to the City Code of Ordinances to read: "In the event that Boynton Beach Fire Rescue DeparLment resources are requested by another municipality which has an agreement with a third-party fire agency for mutual aid services, and of which no Tnterlocal Agreement or Mutual Aid Agreement with the Qb/of Boynton Beach exists, a fee in the amount of $2,000 per occurrence for up to one (1) hour service, and $500 per hour for each additional hour, shall be charged to the municipality requesting and receiving such services.. Payment must be made to the Cib/, in full, within thirty (30) days of invoice." XZZ. UNFZNZSHED BUSZNESS: Review and Consideration of the pre-application(s) received, for submittal to Palm Beach County, Department of Economic Development, under the Round ITT Core Grant Program Discussion on Marina Issue as requested by Mayor Broening 6 Agenda Regular City Commission March 7, 2000 XZZZ, OTHER: XI'V. AD.1OURNMENT: NOTICE (F.S. 286.0105) CONTACT ]Oyr';: COSTELLO~ (56'[) 742-.6013 AT L~AST TWENTY-FOUR HOURS PRIOR TO 'R-IE PROGRAM OR A~ ~1 ORDER FOR THE FINAL 3/3/00 11:45 AM To: Honorable Mayor & City Commission From: Dale $. Sugerman Assistant City Manger Date: March 3, 2000 Utility Rate Study Pursuant to Commissioner Wefland's request at the Agenda Preview Conference on Mmrch 2n~, enclosed are the staffs working papers which go into the creation of the Utility Rate Study. We expect the draft rate study to be delivered to us by March 15th and we can place it on the April 4t~ Commission Agenda. jc Enclosure c: Wilfred J. Hawkins, Interim City Manager Jim Cherof~ City Attorney II-ADMINISTRJ TIVE ITEM A CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November 3,1999 (5:00 p.r~) November 17, I999 (5:00 p.m.) December 8.1999(5:00 p.m.) December 22, 1999 (5:00 Requested City Comm/ssinn Meeting Dams [] January 18. 200C [] February 1, 2000 [] February lS~2000 [] March 7, 2000 Date Final Form Must be Turned in to City Clerk's Office Janualy 5. 2000 (5:00p.m.j January 19, 2000 (5:00 p.m_) February 2,g000 (5:00p.m.) February 16, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Development Plans [] C°nsent~Agenda [] New Bus/ness [] Public Hearing [] Legal [] Bids [] Unfinished Bus/ness [] Amaouncemem [] Presentation Replace Barbara Smith, Regular member of the Library Board, whose term expires April, 2001. EXPLANATION: As indicated in the minutes of the January 26. 2000 Library Board meeting, Ms. Smith notifed Chairwoman Walker that she would not be able to attend future board meetings. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Sue Kruse. City Clerk City Clerk's Office ger s Signature City Attorney / Finance Human Resources S:XBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC Boynton Beach City Library Advisory Board Iqinutes 3anuary 26, 2000 Present - Board Members: Dorothy Walker CChair), Alice Otis, Alice Warren, .3ane Zimmerman. Ubrary Director: Virginia Farace. Absent:-Marva Collins, Daniel Holthouse, Valede Pleasanton, Maryann Tata, Barbara Smith. A Quorum being present, Chair Dorothy Walker opened the meeting at 4:07 P.M. I~linutes of the December meeting were approved as distributed. Chair bdefly reported on the City's Board Dinner and requested that the City Clerk removeBarbara Smith from the Board, roster as she has missed more that four meet~ings ~his year~, Barbara has, indicated: to Dorothy that she cannot attend future meetings either. Unfinished Business: The Library Director had copies of the Library' Electron c Informatioh~P01icy for those new board member~ wh° requested c~ne at the last meeting. Neither Mary Ann nor Marva were in attendance today so the Director will bring ~the copies t~ the February meeting. Library Director reviewed the Library's monthly activity report with the Board. Virginia ~eported that Delray Public Ubrary is interested in rejoining COALA and they were all w0rkingtogether hopefully to achieve this. Virginia read a letter of resignation fr°m Rebecc~ Dawn McCrery Hill, a library clerk in Support Serv ces. Dawn has accepted a better position with a company in Boca and her last day will be Saturday, Feb. 5. Head of Public Services position is still being advertised and 3oyCe Waters is Acting Head. The dra~c PowerCard Passportwas displayed. Plans are to have a big event during National Ubrary Week in April. Virginia Will keep the board informed. .. ~- Announcements included: BookFest Book Bazaar, the Friends' of Ubrades event Will be held in the Greenacres City Community Center on the first.weekend of February. Each Board member received a flyer and was encouraged to attend the Friday evening reception. The Friends' Annual Luncheon will be at Benvenuto's Restaurant on Monday, February 21: AuthOr is Idella Parker. Board members were encouraged to attend to show support for our Friends group. Next Meeting: The next Library Board meeting will be on the fourth Wednesday of the month, February 23, at 4 P.M. in the Library mini-conferenca room. Meeting adjourned at 4:,~5 P.M. ITEM III-B.'l.a. Announcements & Presentations Proclamations WHEREAS, HeadStart is dedicated to enhancing the lives of economically challenged childm~ and families throughout the City of Boynton Beach: and WHEREAS, high-quelity, comprehensive services for economically challenged chitdmn and their families can enhance children's social competence, academic success and life prospects; and WHEREAS, HeadStart programs ir Palm Beach County serve over 1,800 economicelly challenged children and families annually in every county in Florida; and WHEREAS, one key component of a quality program is the level of staff training; an(~ WHEREAS, the HeadStart community is committed to high-quality programs and is convening its third HeadStart Training Institute; and WHEREAS, Palm Beach County has a vision and plan for a comprehensive continuum of eany education and care services for all children; NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, FIodda, hereby designate Mamh 13-17, 2000 as "HEABSTARTWEEK" and strongly urge all residents to join in planning, promoting_ an~.d providing for comprehensive earty education and care. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Flodda, to be affixed this 7= day of Mamh, in the year Two Thousand. Gerald Broening, Mayor City of Boymon Beach ATTEST: c ity Clerk (Corporate Seal) TIT-ANNOUNCEMENTS & PRESENTATIONS C ....... TTEM B.l.b. WHEREAS, the Amedcan Red Cross is always there, under the same trusteci symbol, serving our community and touching more lives in new ways oy providing lifesaving information, ~'a[ntng, end disaster relief to individuals and families for numerous years: ano WHEREAS, the Red Cross is a leading voluntary agency meeting the needs of individuals and families affected by personal emergencies and disaster; and WHEREAS, the Red Cress is designated by the Congress of the United States in the ac[ approved January 5, 1905, as amended. 36 U.S.C. Sections 1-9, as the lead voluntary agency responsible for national and intemational relief in time of peace and to apply the same in mitigating the sufferings caused by pestilence, famine, lire, ticods, and other great national calamities, and to device and carry on measures for preventing the same; and WHEREAS, the Red Cross has trained thousands of people in our community in essential skills such as first aid and CPR, and provided HIV/AIDS prevention education end disaster preparedness information, saving untold numbers of lives; and WHEREAS, March has been designated as ~Red Cross Month" by the U.S. Presidential Proclamation to cetebrete the achievement of the Red Cross in the services it provides to communities nationwide: NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach. Flodda. do hereby recognize the Red Cress as the lead voluntary agency to help families prepare for a disaster and meet the immediate needs of individuals affected by disaster, and a'leading voluntary agency training families in tirst aid, CPR. and HIV/AIDS prevention education: and previding other needed'services, FURTHER, I urge that our community acknowledge end support the ongoing con~bution of the Red Cross in helping our families prevent, prepare for. end respond to emergencies and disasters during Red Cross Month and throughout the year. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynmn Beach, Florida, to be affixed this 7th day of March, in the year Two Thousand. Gerald Broening, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) RequesTed City Coram/ssion Meeting Dates [] November 16, 1999 [] Deceraber7. I999 [] December 21. t999 ] January 4. 2000 [[I'-ANNOUNCEI~ENTS & PRESEflTAT[ONS rrEM B-2 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FOkavl Date Final Form Must be Turned in to City Clerk's Office November 3, 1999 (5:00 p.m.) November 17, 1999 (5:00 p.m.) December 8. 1999 (5:00p.m.j December 22. 1999 (5:00 p.m.) Requested City Comm/ssion Meeting Dates [] January 18, 2000 [] February 1, 2000 [] February 15, 2000 [] March 7. 2000 Date Final Form Must be Turned in to City Clerk's Office January 5, 2000 5:00 p.m.) January i9, 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m.) February 16, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Busrness [] Public Hearing [] Legal [] Bids [] Unfmished Busmess [] Announcement [] Presentation RECOMMENDATION: Accept 1998/99 Annual Comprehensive Financial Report as presented by Ernst & Young. EXPL.~NATION: The Annual external review of the City's financial records has been completed by Ernst & Young. Ernst & Young reviewed selected financial records, financial controls, and policies and procedures. Ernst & Young's management comments are in the back of the book as well as the City's response to those comments. PROGRAM IMPACT: As required by the Auditor General of the State of Florida an external audit most be performed each year. The auditing firm of Ernst & Young was awarded a ~three year contract to cover fiscal years 1997/98. 1998/99 and 1999/2000. There is also a 2 year renewal option to cover fiscal years 2000/2001 and 2001/2002. FISCAL IMPACT: Annual fee for 1998/99 was $83,500. ALTERNATIVES: Department Head's s~gnamre Financial Services Deparlment Name [ /lty Manager's Signature City Attorney / Finance / Human Resources S :~BULLETINZFO RMS~AGENDA ITEM REQUEST FORM.DOC Requested City Commission Mecfin~ Dates [] November [6. 1999 [] December 7. 1999 [] December21. 1999 [] Januar~ a. 2000 Ill-ANNOUNCEMENTS & PRESENTATIONS CITY OF BOYNTON BEAC[ ITEM B.3 AGENDA ITEM REQUEST FORM Date FinaI Form Must be Turned in to City CIerk's Office November 3. 1999 (5:00 p.m.) November 17. 1999 (5:00 p.m.) December& I999 5:00p.m.) December 22. 1999 (5:00 p.m.) Requested City Comm/ssion Meetin*~ Dates [] January 18, 2000 [] February I. 2000 [] February 15, 2000 [] March 7. 2000 Date Final Form Must be Turned in to City Clerk's Office January 5, 2000 (5:00 p.m.) January 19, 2000 (5:00 p.m., February 2, 2000 (5:00 p.m.I February I6, 2000 tS:00 p.rc~ ~ NATUILE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Government Finance Officers Association Certiicate of Achievement Award for the Annual Comprehensive Finanieal Report for fiscal year ended September 30, 1998. EXP. LANATION: The Certificate of Achievement for Excellence in Financial Reporting has been awarded to the City of Boynton Beach. FL. by the Government Finance Officers Associatin of the United States and Canada for its comprehensive annual financial report. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. PROGRAM IMPACT: FISCAL IMPAC~I: ALTERNATIVES: Department Head's Signature Financial Services Department Name r t 7 ~ity Manager's Signature City Attorney / Finance / Human Resources SSBULLET1N~ORMS AGENDA ITEM KEQUEST FORM.DOC IV-CONSENT AGENDA ITEM A.1 MINUTES OF THE AGENDA PREVIEW CONFER HELD IN CONFERENCE ROOM "B", CITY HALL, BOYNTON ON WEDNESDAY, FEBRUARY 9, 2000 AT5:15 P.M. PRESEN? Gerald Broening, Mayor Henderson Tillman, Vice Mayor (Arrived @ 5:40 p.m.) William Sherman, Mayor Pro Tern Ron Weilano, Commissioner Nellie Denahan, Commissioner Wilfred Hawkins, Interim City Manager Sue Kruse, City Clerk CALL TO ORDER_ The Agenda Preview Conference began at 5:23 p.m. Mr. Hawkins reported that the agenda now contains language regarding new Public Audience procedures as follows: Z-OPENTNGS: D. ZF YOU WISH TO ADDRESS THE COMMISSION: · F~LL OUT THE APPROPRZATE RE(~UEST FORM · GIVE 11' TO THE CI'I'Y CLERK [ON THE DAZS) BEFORE THE "OPENINGS" · PORT/ON OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME IND/V~DUALS ARE PERI~i lED TO SPEAK FOR THREE UNINTERRUPTED MINUTES. ZNDZV/DUALS OR ORGAN[ZAT/ONS MAKING PRESENTATTONS TO THE COMMISSION ARE PERMITTED TO SPEAK FOR.~TEN UNINTERRUPTED MINUTES Mr. Hawkins advised that the public would be requested to fill out large index-style cards that are being prepared in two colors. One of the colored cards would be for comments on general matters under Public Audience and the second colored card would be for items listed on the agenda. Announcements regarding the new procedure will De posted on the front doors and on the back wall of the Chambers. A rack containing the comment cards will hang beneath the posting. The Mayor or City Clerk would read this procedure as listed on the agenda. This announcement would be made early enough in the meeting to allow time for members of the public who might not have seen the postings to fill out a card. MEETING M1~NUTES AGENDA PREVZEW CONFERENCE BOYNTON BEACH, FLORIDA FEBRUARY 9f 2000 When Commissioner Weilanc expressed concern that ten (10) minutes might not be enough time for a presentation, Mr. Hawkins explained that this item referred to the area of the agenda listed as IT/-Announcements & Presentations. This would regulate staff or anyone else who has requested time to make a presentation. The time allotted for presentations under Item Vii- Public Hearings should be flexible. After a brief discussion, there was a consensus to make the following language changes: EU:M/NATE: "Individuals or Organizations making presentations to the Commission are permitted tospeak for ten uninterrupted minutes." · CHANGE: "Individuals are permitted to speak for three uninterrupted minutes to read "Individuals may speakfor three uninterrupted minutes." Mayor Broening and Mr. Hawkins confirmed that the public would be permitted to approach the podium with a comment card right up to the time when the Hayor makes the announcement about this procedure. I~-CONSENTAGENDA B-5. Approve Change Orders #1 and #2 to Purchase Order #000924 in the amount of $26,806 for TEHPORARY CUSTOD~L SUPPORT utilizing the Ci-I'Y'S ANNUAL BiD FOR TEMPORARY LABOR SERVICES from Tandem Staffing, BID #076-2510-99/SP bringing the Bid's total estimated expenditures to $49,806 rvlr. Hawkins explained that this item would allow the City to make up for present shortages in the custodial crew, On March 7~, staff will make a presentation to the Commission dealing with the entire custodial issue. If the Commission accepts that plan, it would be implemented on April 1=. Agenda ]~tem IV-B.5 is a temporary measure. Mr. Sugerman reported that staff is very excited about the proposed plan and, in his opinion, the custodial crew will be present at that meeting to show their support of the plan. [V-CONSENT AGENDA B-6. Approve the sole source purchase of an Automated Stencil, Sign and Decal System (Sign IVlachine) from Bren Instruments, Inc., in the amount of $18,450 This purchase would allow the City to make more signs in-house and would help standardize signs throughout the City. The purchase was not included in the City's original budget. Mr. Sugerman said this machine would do stencils for the decals that are used on the Police cars. This is an expensive ~rocess that we would be able to handle in-house. [t would produce significant savings for the Police Department and the forfeiture funds would assist in the funding. Commissioner Denahan noted that the $18,450 did not add up to the $18,485 that was indicated under "Fiscal Impact". Hr. Hawkins advised that this issue would be investigated. MEt: I LNG MINUTES AGENDA PREVIEW CONFERENCE BOYNTON BEACH~ FLOR.iDA FEBRUARY 9t 2000 IV CONSENT AGENDA F. - Authorize Change Order #6 in the amount of $8,1:[0 to Corai-Tech Associates, [nc., general contractor for the O/T Building Renovation Project for the Utilities Department Commissioner Denahan inquired about the door hardware and questioned whether this item was a contractor responsibility. Dave Kelly, Utility Engineer, advised that when the plans for the second floor restrooms were revised, doors had to be added and additional hardware was required. Also, additional electrical outlets were required pursuant to the Electrical Code when wail modifications were made on the second floor. Hr. Sugerman said these Change Orders were reviewed by the architect, project manager and the. City's in-house project manager and were accepted as is evidenced by their signatures. ~V.CONSENTAGENDA H.- Approve the expenditure of $:[1,520 to H.T.E., ]:nc. for the conversion of consumption and the utility billing history Mr. Sugerman reported that the City purchased and a system that was Y2K compliant and that ensured we would go forward with our customers. This expenditure will allow the City to attach the history to the new Y2.K compliant system. Hayor Broening questioned whether this would solve the problem of late-arriving utility bills. Hr. Sugerman responded negatively but added that within the next three or four months, we should be on target with all of the billing dates. X-NEW BUSINESS A. - Approve a multi-year spedal event permit at no charge for Boynton Beach Hall in exchange for continual rent-free usage of City Hall in the Hall location for a five-year term To date, the City has been using City Hall in the Hall rent-f~e. The Hall is now willing to give the City a five-year rent-free usage agreement (valued at $3-00,000 over the five-year period) in exchange for six special events annually such as car, boat and RV shows. The City would still have review over proper set-up and permitting. The Hall has offered to locate these special events on the west side of the Hall. Hr. Hawkins commended Helody Green for her work on this contract. Vice Hayor Tillman inquired if the Hall would pay the cost of additional police protection if it were required. Hr. Hawkins said the City would have to approach that subject with them if the situation arose. Vice Hayor 'lqllman suggested that the City set up parameters so that this is not a problem in the future. Hr. Hawkins reported that the actual contract would be brought back to the Commission for approval. MEE'r~NG MZNUTES AGENDA PREVIEW CONFERENCE BOYNTON BEACH,, FLOR.ZDA FEBRUARY 9~ 2000 Commissioner Denahan requested that the Commission be provided with back-up information on the special event process that includes the fees associated with the events. X-NEW BUS[NESS B.- Request for funding from Boynton Beach Faith Based Community Development Corporation ("r,4~'/.~7 The City received a letter dated February 8~ withdrawing the request from the Boynton Beach Faith Based Community Development Corporation. They will proceed through the CDBG process and the City Commission will see the 'item again when the CDBG requests come forward to the Commission for ratification. This request raised the issue of organizations requesting money from the Commission. At the last Agenda PrevieTM Conference, mention was made about a former program that was in place at the City a number of years ago. Mr. Hawkins referred to Exhibit "A" in the back-up material that explained the process that was used when the Community Relations Board performed the reviews. All of the criteria associated with the application had to be met in order for the request to move ;forward to the board for review. Once the review was performed, the Community Relations Board would develop the funding requests that were forwarded to the City Commission for approval. Mr. Hawkins advised that he developed that procedure that formalized the process. Dudncj the time the process was in place, it was very effective and there were no appeals from organizations. Mr; Hawkins said there are no hindrances if the Commission wishes to move forward with this process. Mayor Broening suggested that a staff committee be established to perform the evaluations since the requests are submitted to staff and staff ensures that the applicant meets all criteria. There was a consensus of the Commission that staff perform the evaluations and make the recommendations. Vice Mayor Tillman recommended that staff include a rating'~system in the application process. Mayor Broening added that when he was involved ir~ a similar type program years ago, priorities were set. up that included education, social, etc. A similar type of rating system could be included in this process. Vice Mayor Tillman requested that staff bring back to the Commission a final document that includes suggestions. Mr. Hawkins advised that staff would review these comments and bring back a recommendation to the COmmission at a later date. X-NEW BUSINESS C. - Schedule a Special City Commission meeting for February 29, 2000 at 6:30 p.m. for the purposes of making a determination that changes to the Comprehensive Development of Regional Tmpact (Quantum Park) do not constitute a substantial deviation; determining that no further HE,- i ]~NG MZNUTES AGENDA PRE~EW CONFERENCE BOYNTON BEACH, FLORIDA FEBRUARY 9, 2000 development of regional impact review is necessary regarding such changes; considering approving such changes and amending the Development Order Hr. Sugerman said there would be nothing to consider at the February 15th meeting other than setting the Special Meeting date. This issue could wait until March; however, the applicant has requested that both issues be addressed by the present City Commission. Commissioner Weiland said he spoke with Hr. Greene last week and staff would be able to have everything in order in time for that meeting. Mr. Sugerman advised that there are a couple of things quantum is responsible for delivering to the City in order to complete the packet. The City is doing its best to accommodate quantum, but not everything is within the City's control. X[-LEGAL D.l.a,-- Rescind the fine in Case #99-1516 (102 Seacrest Court) - The original fine was $125 plus $672.21 in administrative costs. Commissioner Denahan referred to "Program Impact" in the back-up Agenda Item Request Form wherein it states that "The property is owner occupied and generally maintained in conformance...", and questioned the meaning of that statement. Mr. Hawkins said Scott Blasie, Code Compliance Administrator, would have to respond to that question. X~Z-UNFlrNZSHED BUSZNESS A. - Review and Consideration of the pre-application(s) received, for submittal to Palm Beach County, Department of Economic Development, under the Round TTI Core Grant Program (7'ABZ~'D 7'0 FEBRUARY .~b'm) Hr. Sugerman advised that Attorney Cherof has still not finalized language with the applicant regarding acceptable businesses. It is anticipated that the ~ty Attorney would provide a more definitive statement at the meeting. Commissioner Weiland reminded the Commissioners of the meeting scheduled for February 17~ and inquired if they were in agreement with having an option to make it a Special City Commission meeting on February 17% RoseMarie LaManna, Paralegal, advised that the notice had been prepared for a Special City Commission meeting. She said the language in the notice read "Interviews, Meetings and Selection". She further advised that the interviews would begin at 8:00 a.m. and continue through 12:15 p.m. There would be a lunch break and the Special City Commission meeting would begin at 2:00 p.m. Commissioner Weiland felt the words "possible selection" should be included on the notice. Commissioner Weiland requested the addition of an item under XT/-UNF~ISHED BUSTNESS - MEt i LNG MZNUTES AGENDA PRE~EW CONFERENCE BOYNTON BEACH, FLOI~DA FEBRUARY g~, 2000 B, "City Manager Search Discussion". Commissioner Weiiand said he plans to contact all former employers of the candidates to get additional background information. AD]OURNMENT There being no further business to come before the City Commission, the meeting properly adjourned at 6:30 p.m. CTrY OF BOYNTON BEACH Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner ArrEST City Clerk :~woty City Clerk Tapes) 07_/~J./2000 9:33 AH 6 ZV-CONSENT AGENDA MINUTES OF THE SPECIAL CITY COMMISSION ZTEM A.2 HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON WEDNESDAY, FEBRUARY 9, 2000 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Henderson Tillman, Vice Mayor William Sherman, Mayor Pro Tem Nellie Denahan, Commissioner Ronald Weiland, Commissioner Nicholas Igwe, Assistant City Attorney Sue Kruse, City Clerk 1. OPENING Mayor Broening called the meeting to order at 6:35 p.m. and stated the purpose of the meeting ton ght was to accept or reject the candidates qualified for the Mamh 14, 20D0 election, the list being attached to and made a part of the minutes of this meeting. Motion Commissioner Oenahan moved to approve the candidates as presented. Motion seconded by Mayor Pro Tern Sherman. Motion carried 5-0. 2. ADJOURNMENT There being no further business, Commissioner Denahan moved to adjourn the meeting, which was seconded by Vice Mayor Tillman. The meeting Properly adjourned at 6:36 p.m. CITY OF BOYNTON BEACH Mayor ATTEST: ~ity Clerk Recording Secretary (one tape) Vice Mayor Mayor Pro Tern Commissioner Commissioner CZTY OF BOYNTON BEACH 2000 GENERAL ELECT]'ON DISTRICT II BRUCE BLACK 321 SW 1ST AVENUE BOYNTON BEACH FL 33435 734-6147 BRZAN K EDWARDS 629 NE gM AVENUE BOYNTON BEACH FL 33435 732~2739 MACK MC CRAY 806 NW 4'tH STREET BOYNTON BEACH FL 33435 732-9213 TERRY PEREZRA 161 NE 19T~ AVENUE BOYNTON BEACH FL 33435 73~-7459 DISTRICT IV. CHARLZE FZSHER 8069 STIRRUP CAY COURT BOYNTON BEACH, FL 33436 364-8717 GENE MOORE, P O BOX 910 2424 NORTH FEDERAL HIGHWAY BOYNTON BEACH, FL 33435 73~2424 February 8, 2000 j~mC~\main~'shrda~\cC\Wp\elec'don\2000 quaflfieo candidates.doc MZNUTES OF THE REGULAR CZTY COMMTSSTON ME TV-CONSENT AGEN DA HELD TN COMMTSSTON CHAMBERS, CITY HALL, BOYNTON BI ITEM A,3 ON TUESDAY, FEBRUARY 15, 2000 AT 6:30 P.F PRESENT Gerald Broening, Mayor Henderson Tillman, Vice Mayor William Sherman, Mayor Pro Tern Ron Weiland, Commissioner Wilfred Hawkins, Interim City Manager ~lames Cherof, City A~orney Sue Kruse, City Clerk T, OPENINGS: AB Ce Call to Order - Mayor 3erry Broening Znvocation - Reverend Dr. Marshall Cook - Boynton Beach Congregational Church Pledge of Allegiance to the Flag led by Commissioner Ronald Weiland Mayor Broening called the meeting to order at 6:35 p.m. Reverend Cook offered the invocation and Commissioner Weiland led the Pledge of Allegiance to the Flag. D. TF YOU W~SH TO ADDRESS THE COMMTSSTON: · F[LL OUT THE APPROPRTATE REQUEST FORM · GTVE TI' TO THE CZTY CLERK (ON THE DA~S) BEFORE THE "OPENZNGS" PORT~ON OF THE AGENDAHAS BEEN COMPLETED. · COME TO THE PODTUM WHEN THE MAYOR CALLS YOUR NAME TNDZV~DUALSMAY SPEAK FORTHREE UNZNTERRUPTED MTNUTES. Mayor Broening reminded the audience that a previously usec procedure for public speaking was being reinstituted. The procedure involves the public filling out a card to request three m~nutes of time to address the Commission. Mayor Broen ng ~announced that the Commission would be somewhat flexible at first to allow the public to get used to this process. E, Agenda Approval: 1, Additions, Deletions, Corrections Attorney Cherof requested the addition of Item [V-C.6, "Approving a Water Service Agreement Outside of the City Umits with Leider PUD". Mayor Pro Tern Sherman requested some time to discuss the new public speaking procedure just prior to :Item W-Public Audience. 2, Adoption Commissioner Weiland moved to approve. Vice Mayor Tillman seconded the motion that carried ME=~zNG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLORZDA FEBRUARY 15, 2000 ADMTNZSTRATIVE: A. Accept resignation from Arthur T. Education Advisory Board Motion Vice Mayor lillman moved to accept the resignation. motion that carried 4-0. Bm Appointment To Be Made Appointments to be made: Board Rowe, Regular Member of the Mayor Pro 'rem Sherman seconded the Length of Term Expiration Date IV Tillman Mayor Bmening II Denahan III Sherman Mayor Broening Mayor Broening IV Tillman III Sherman IV 'fillman Children & Youth Advisory Board Alt Bldg. Board of Adjustment & Appeals Alt Bldg. Board of Adjustment & Appeals Alt Code Compliance Board Alt Community Relations Board Reg Community Relations Board Alt Community Relations Board Alt Education Advisory Board Peg Education Advisory Board Peg i yr term to 4/00 Tabled C3) i yr term to 4/00 Tabled [3) 1 yr term to 4/00 Tabled [3) 3 yr term to 9/00 Tabled (2) 3 yr term to 4/01 I yr term to 4/00 Tabled(3) Iyr term to 4/00 Tabled (3) 2 yr term to 4/01 Tabled [2) 2 yr term to 4/01 III Sherman library Board Reg 3 yr term to 4/01 III Sherman Recreation & Parks Board Alt Vice Mayor llllman and Mayor Pro Tem Sherman requested that their 1 yr term to 4/00 Tabled (3) appointments be tabled. Mayor BroenJng reappointed Brett Sherman as a regular member of the Community Relations Board. Motion Commissioner Weiland moved to approve the appointment. Vice Mayor qqllman seconded the motion that carried 4-0. III, ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: ME,- i zNG MZNUTES REGULAR CZTY COMMZSSIOfl BOYNTON BEACH~ FLOR/DA FEBRUARY 15~ 2000 TNT Concert - Friday, February 18, 2000 @ Oceanfront Park from 6:00 p~m. to 9:00 p.m. Meg Hooper, Special Events Manager, made this announcement. 2. Black Awareness Celebration 2000 Saturday. February 19th and Sunday, February 20th (See Attached) Saturdaw February 26th and Sunday, February 27m (See Attached) Ms. Hooper thanked the Mayor and Commissioners for attending the Black Awareness Luncheon and the Gospel-O-Rama. Ms; Hooper referred everyone to the last page ef the agenda that listed all of the remaining events in celebration of Black Awareness Month. Ocean Avenue Promenade Design - Public Meeting - Monday, February 28th, from 6:00 p.m. to 8:00 p.m. in the Library Program Room Mayor Broening made this announcement, Mike Rumpf, Planning & Zoning Director added that this meeting would provide the public with an opportunity to review the completed design plans for the Ocean Avenue Promenade. This public meeting will be announced again through a news release, an announcement on the marquee, a message on hold through the City's phone system and a direct mailing to people directly involved in the downtown area, Breakfast in Boynton and Green Market - Saturdayt March 4, 2000 from 8:00 a.m. to 11:30 a.m. at the Library Lawn Ms. Hooper made this announcement. B. Presentations: 1. Proclamations: a. "Black Awareness Celebration Day" - February 26, 2000 Mayor Broening read a Proclamation declaring February 26, 2000 as Black Awareness Celebration Day. b. "Election Day"- March 11.4, 2000 Mayor Broening read a Proclamation declaring March 14u~ as ElecUon Day in the City of Boynton Beach and advised the public to check o~ the polling precincts since some changes have been made. ME= 1 lNG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLORIDA FEBRUARY 15,, 2000 1V. CONSENT AGENDA: Commissioner Weiland requested that Item IV-B.5 be removed from the Consent Agenda for discussion. A. Minutes: Fluoridation Public Hearing - 3anuary 26, 2000 Agenda PreviewConference of 3an uary 31, 2000 Regular City Commission - February 1, 2000 Bids - Recommend Approval - All expenditures are approved in the 1999-2000 Adopted Budget Award the bid for the PURCHASE OF ONE (1) NEVV AND UNUSED 125KW PORTABLE GENERATOR SET to O's Sales and Service, in the amount of $34,648 Extend the '"]~VO YEAR BID FOR HYDRAUL/C CYI.~NDERS AND VALVES/PARTS AND REP/~RS"- BID #028-2516-99/SP for one additional year to Construction Hydraulics, Inc. of Lake Worth, Florida, at the Shop Hourly Rate of $35 per hour with an estimated annual expenditure of $12,500 - New Bid #035-2516-00/KR Renew the bid for "ANNUAL SUPPLY OF PLASTIC FRONT-LOAD CONTAINERS" to Truck Max, Inc. with an annual expenditure of $10,000 Approve the purchase of a Tractor/Backhoe, Model #416C (Commodity #760-960-110) from Kelly 'Tractor Company utilizing State Contract #760-001-99-1 in the amount of $52,6/3.33.48 Approve Change Orders #1 ~nd #2 to Purchase Order #000924 in the amount of $26,806 for TEMPORARY CUSTODIAL SUPPORT utilizing the C/'[~'S ANNUAL BID FOR TEMPORARY LABOR SERVICES from Tandem Stafflng¢ BID #076-2510-99/SP bringing the Bid's total estimated expenditures to $49,806 At Commissioner Weiland's request, Item ~V-B.5 was removed from the Consent Agenda for discussion. Approve the sole source purchase of an Automated Stencil, Sign and Decal System (Sign Machine) from Bren Instruments, Inc., in the amount of $18,450 4 M E= i LNG MZNUTES REGULAR CTTY COMMZSSZON BOYNTON BEACH~ FLOR/DA FEBRUARY Z5,2000 Cw Approve the PURCHASE OF VARIOUS VEHICLES/NEW AND REPLACEMENT uUlizing State Contracts #070-001-99-1, #070-001-98-1 and General Services Administration (GSA) Contract #GS-07F-9956H, from multi-vendors, as awarded by the State and GSA, in the amount of $229,596.39 Resolutions: Proposed Resolution No. ROO-13Re: Approving the conveyance of a 12' wide utility easement from the City of Boynton Beach to Florida Power and Light Company (Lots 5 & 6, Block 6, Robert Addition to Town of Boynton) Proposed Resolution No. ROO-14Re: Ratifying South Central Regional Wastewater Treatment and Disposal Board action of .lanuary 20, 2000: Authorization to enter into contract with Brotton Services, Inc. dated March l, 2000 for the sum of $291.80 per month for janitefial services. Contract will be in effect for one year, but may be extended for an addiUonal (2) one-year terms. Authorization to enter into contract with New Look Lawn Services dated March 1, 2000 for the sum of $1,400 per month for the length of contract in the North Area and an additional sum of $1,000 per month for the length' of the contract in the South Area for a total of $2,400 per month/ Contract will be in effect for [1) one year but may be extended for an additional (2) two one-year terms. Authorization to expend$1,234~rom board surplus funds to make final payment to the City of Delray Beach as per the Ocean Out'fall Purchase Agreement of ~luly 12, 1979. Authorization to expend $17,400 from Repair & Replacement Funds to replace two (2} pumps for emergency Chlorine Scrubber on an emergency basis. Authorization to expend $35,000 from Repair & Replacement Funds to repair the Centrifuge Conveyor on an emergency basis. Authorization to expand $3,000 from Repair & Replacement Fund to replace Waste Meter to Centrifuge. ME=; ~NG MZNUTES REGULAR cTrY COMMTSSZON BOYNTON BEACH~ FLORIDA FEBRUARY 15, 2000 Proposed Resolution No. R00-15Re: Authorizing the release of $18,000 of the $20,000 Cash Restoration Bond posted by Bill Winchester as surety for restoration Proposed Resolution No. R00-16Re: Accepting a Letter of Credit No. 557167-07 from Comerica Bank in the amount of $105,055.50 as surety for the water and sewer systems in the project known as Boynton Beach YMCA Proposed Resolution No. R00-17Re: Approving an Agreement for Water Service Outside of the City Umits for the project known as Sunset Lake Proposed Resolution No. R00-18Re: Approving an Agreement for Water Service Outside of the City Umits for an addition to Leider PUD by Centex Homes as contract purchaser D. Ratification of Planning & Development Board action: Grove Plaza Common Area (Southeast corner of Hypoluxo Road and Lawrence Road) - Request new site plan approval for common area buffer - Tract "G" (Grove Plaza Replat) Authorize Change Order #5 in the amount of $9,663.65 to CoraI-Tech Associates, THC., general contractor for the O/T Building Renovation Project for the Utilities Department Authorize Change Order #6 in the amount of $8,110 to CoraI-Tech Associates, /nc., general contractor for the O/T Building Renovation Project for the Utilities Department Ratify the 3anuary 28, 2000 authorization by the Acting Tnterim City Manager to effect a not-to-exceed $55,000 emergency sewer gravity main repair located in The Meadows at Headows Boulevard and Cedar Drive Hm Approve the expenditure of $11,520 to H.T.E., Tnc. for the conversion of consumption and the uUlity billing history Approve Change Order #4 for drainage modification on the Gateway Tmprovement Project in the amount of $16,339 Motion Vice Mayor l~llman moved to approve the Consent Agenda with the exception of Item IV-B.5. Mayor Pro Tern Sherman seconded the motion that carried 4-0, 6 MEETING MZNUTES REGULAR CITY COMMZSSZON BOYNTON BEACH, FLORIDA FEBRUARY 15~ 2000 CONSENT AGENDA ITEM FOR DISCUSSTON: :Item ZV-B.5. Approve Change Orders #1 and #2 to Purchase Order #000924 in the amount of $26,806 for TEMPORARY CUSTODIAL SUPPORT utilizing the C~rY'S ANNUAL BID FOR TEMPORARY LABOR SERVICES from Tandem Staffing, BID #076-2510-99/SP bringing the Bid's total estimated expenditures to $49,806 Commissioner Weiland reported that staff would bring forth recommendations at the March 7m meeting regarding contracting City custodial services entirely to an outside firm, Since we have been short staffed in performing this operation for some time, he recommended tabling this item until the March 7m meeting so that it could appear in conjunction with the staff presentation. Mayor Broening questioned whether the Oty's custodial services would be curtailed if this item were tabled for three weeks. Bill DeBeck, pro]ect Manager, advised that we are currenUy working with five regular employees and five temporary employees. Therefore, we are short five people at the current time and we would not to able to function without those five tern porary employees. This is a short-term fix and the temporary employees would be eliminated as soon as the contract is approved with the custodial company. Motion Commissioner Weiland moved to approve Consent Agenda Item ~V-B.5. Mayor Pro Tern Sherman seconded the motion that carried 4-0. V, CZTY MANAGER'S REPORT: Mr. Hawkins reported the following: Cooperation continues with Palm Beach County Economic Development Divisio~ with the Core and CompetiUve Grants for small businesses. Round ~V of the Development Regions Grant applications is open until March 21~, All interested businesses must apply before that date. A workshop is scheduled for Tuesday, February 22"" from 5:00 p.m. until 6:00 p.m. at the Chamber of Commerce to provide assistance with the application process. Applications can be secured through the City Manager's Office or Dale Sugerman. The Gateway Boulevard project is progressing through Phase I that involves infrastructure. Phase TI will include paving and sidewalk installation. The City has requested that the contractor provide a new schedule based on the Phase :[ and Phase II scenarios. The completion of the project will be pushed hack to the end of the year. HE,'- z.rNG MZNUTES REGULAR CITY COtVlMZSSI'ON BOYNTON BEACH, FLORIDA FEBRUARY 15~, 2000 Mayor Broening confirmed that the delay of this project was primarily related to weather and underground electrical connections. V~. PUBL~[C AUD~ZENCE: Mayor Pro Tern Sherman expressed his opinion that the new procedure for public speaking is important to the progress of the Commission and the City. He reminded those present that at the last meeting, a member of the public gave him a personal negative narrative. Mayor Pro Tern Sherman stated that he never missed a regular Tuesday evening Ob/Commission meeting in 11 months. The Ob/Commissioners are asked to attend six to eight meetings per month in addition to regular Ob/Commission meetings. Of the eight meetings Mayor Pro Tern Sherman missed, four were workshops and three were Agenda Preview Conferences. Mayor Pro Tern Sherman said he spends quality time with the City Manager at 4:00 p.m. every Tuesday. In addition, he receives feedback from the news, letters and mailings that are delivered to his mailbox. Mayor Pro Sherman said he is proud of the time he and fellow Commissioners have devoted to their posiUons. Unfounded insults are negatively driven, counterproductive.to success and downright bitter. No value is gained when one person wastes the public's time by issuing the Commission a "report card" as seen through only that person's eyes. The card system will speak only to issues of Oty business. David Stewart, 700 Casa Loma Boulevardr is associated with Dive Shop II. He questioned how the businesses could conUnue in this area once Casa Loma Boulevard is torn up. This will eliminate parking inthe area. He also questioned what the Commission plans to do about the fences that were erected in the area. Mr. Stewart said the businesses would like to stay in the area, but will leave if that is what the Commission desires. Scott HcClarv, 700 CaSa Loma Boulevard, is 'a principal in the Seamist Marina. He urged the Commission to visit this area of the Qb/this weekend for a preview of what will happen when the boating season is in full swing. He recommend~ that anyone who visits over the weekend park in a location away from this area because it will be a "zoo". Additional parking [s needed. He urged the Commission to take control of the project because it is going nowhere. Cliff Montross, 105 SiN 18t~ Strm,f_ requested an update on the progress of the lO-acre park at the end of Gateway Boulevard. He said this was his second request for a status report. Lee Wische, 1301 SiN 18t~ Stre-~- requested, for the second time, a report on why the reader board sign on theSenior Center does not contain any information. He said he was told at the last meeting that he would receive a response in writing. However, to date, he has not. Mr. Wische said he wants an answer. Kevin $cullv, 94I Brookdale Drive, is the owner of Scully's Market. He said it was agreed at a January 11~ meeting among himself, Commissioner Weiland, Dale Sugerman and Quintus Greene that someone would visit his market to physically show him where the urban walls, ME= I ~NG MZNUTES REGULAR CITY COMMISSTON BOYNTON BEACH, FLOR]:DA FEBRUARY 15, 2000 sidewalks, curbs, lighting and widths of roads would be in relation to his property. At the CRA meeting, he advised that no such visit had taken place. Mr, Scully said he isn't getting any answers and he would, appreciate it if someone would meet with him at his market. Richard Stone. 111 SE 1,t Street. is the Chief Steward for NCF&O Blue Collar Unit. He also represented the White Collar Unit. He reiterated an expression of appreciation that was forwarded to the City Commissioners in a letter dated February 11= for their efforts in assisting the Union with regard to finalizing contracts with the City. Fir. Stone thanked the City Commissioners and Attorney Cherof for fair mindedness in negotiations and he is hopeful that the Union and City would conclude the contracts as expeditiously as possible. 3oan Mormelo also offered her thanks on behalf of the Union. Ed Tedtmann. 869 NW 8th Avenue. represented the Laurel Hills Neighborhood Association. He addressed_the application of Poly Plastic Packaging Company for a building addition at 510 East Industrial Avenue. He dted a report from the Environmental Committee. The owner of the business stated ,that he would store a maximum of 800 gallons of highly flammable materials on the property. However, during an inspection, Hr. Tedtmann counted 4,760 gallons of flammable liquid storage containers, Hr. Tedtmann is concerned that this manufacturing plant and the storage area is within 500' of the neighborhood. Tn addition, there is an oil company not far from this location with large tanks for the storage of oil. Although these chemicals are supposed to be stored in an explosion-proof building, the application lacks specifications for explosion proofing. The community would like a response. David Katz, 742 NW 11th Street represented Skylake Homeowners' Association and expressed the concerns of his community regarding the Poly Plastic Packaging Company. Hr. Katz submitted a copy of his remarks to the clerk. (A copy of Hr. Katz' statement is attached to the original set of these minutes on file in the 'City Clerk's'. Office.) Hr. Katz requested a response from the City within a week. Bill Schmalz, 1727 SW 18th Street, thanked th~ Commissioners for their favorable decision with respect to the fluoride issue. Douo Lewis, 1501 SW 8th Avenue. was employed by the City of Boynton Beach as a Starter/Ranger and Golf Professional Pro Shop Attendant since 1996. Hr. Lewis was never late, sick or absent nor did he ever refuse any request by management. Hr. Lewis said his loyalty to management was quoted by his supervisor as being "exemplary". Mr. Lewis wrote the "How to Do" manual and was the primary trainer of all new staff. Hr. Lewis was terminated on January 4= by memorandum that stated he failed to successfully complete his probationary period. Mr. Lewis said he attempted in vain to learn why he was fired. He met with Human Resources Director who investigated the termination and learned that the reason was poor customer service. Mr. Lewis said his personnel file does not indicate any reprimands or counseling. Hr. Lewis was referred to the City Manager. He has unsuccessfully tried to contact the City Manager since .January 26% He requested assistance from the Commission in being reinstated. 9 MEt= i ~NG MZNUTES REGULAR C/TY CO~IHTSSZON BOYNTON BEACH~ FLORZDA FEBRUARY 1.5, 2000 Warren Timm, 130 NE 26th Avenue, asked for a status report on the Gateway Boulevard project. In addition, ,he urged the Commissioners to be flexible with the sign-up procedure because public opinion is very valuable and it can add understanding to the issues. Henrietta Solomon. 230 ,NE 26m Avenue. said parks are invaluable to a City and we must make the best of what we have. She urged the Commission to keep the public informed. Bobble .,Fi~zaeraldr 127,NW Sm Court~ requested a status report regarding the $125,000 allotted by the Cit, cfor a neighborhood beautification project n Boynton Hills. SunnvGarcia. 1631 NW. 3-~,,Lane, is Vice President of Rolling Green. Mr. Garcia is opposed to the use of the cards.for public speaking because some people do not see the agenda until they :arrive at the meeting, If people arrive late, they might miss an opportunity to speak on an issue of importance to them. MA YOR BROBNXNG ANNO~INCBO THAT THBRB WAN ONB ADDa I.~ONA£ RB~UBST TO SPF-AI~ BUT TI-IB Z~$LIB WAS ON THBAG~NDA AND THB SPP_AKBR ~VOULD BB CALLBO ON,AT THAT T~rM~. lib ASKBD -~F THK~RB WAS ANYONB o , oaruNrr TO OUrA Ca our WZSHBO ro Terrence Pereira, 161 NE 19a Avenue, said he deliberately did not fill out a card in protest even though he intended to sbeak. He does not believe free speech should be limited. The Commission must understand that angry and, dissatisfied citizens will address the Commission and. accepting offensive remarks is part of the job. He recommended eliminating the card system. Hayor Broening advised that there is no inherent right in the State of Florida for anyone to speak at a Commission meeting except at public hearings. These regular meetings are not Town ~leetings. Although Mayor Broening believes everyone should have the right to speak, this process would help make sense of what people have _to/say. This procedure will continue until it is determined that there is something fundamentally wrong with it. VTT. PUBLZC HEARZNG: Project Name: Wal-kMart POSTPONED AT APPL/CANT'S RE(~UEST TO FEBRUARY 15'r' Agent: .1. Robert Bray, Assistant Vice President of Real Estate, Wal-Mart Stores East, Thc. Location: Northwest comer of Winchester Park Boulevard & Boynton Beach Boulevard Description: Request for abandonment of two (2) segments of special purpose, easement rights-of way totaling approximately 0.5 acres lo ME= I LNG MTNUTES REGULAR CiTY COMMZSSZON BOYNTON BEACH~ FLORIDA FEBRUARY 15~, 2000 Steohanie Toothacher. attorney reoresentinq WalA-Mart, was available to respond to any questions regarding the abandonment of the two easements. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. Motion Vice Mayor Tillman moved to approve Project A, Wal-kMart, request for abandonment of two (2.) segments of spedal purpose easement rights-of way totaling approximately 0.5 acres atthe northwest comer of Winchester Park Boulevard & Boynton Beach, Boulevard, with all comments directed from staff included. Mayor Pro Tern Sherman seconded the motion that carded 4.0. aw Project Name: Wal. Mart POSTPONED AT APPLI:CANT'S REQUEST TO FEBRUARY 15TM Agent: .1. Robert Bray, Assistant Vice President of Real Estate, Wal-Mart Stores East, ];nc. Location: Northwest comer of Winchester Park Boulevard & Boynton Beach Boulevard Description: Request for abandonment of three (3) segments of street dghtS-of way totaling 0.13 acres MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. Motion Vice Mayor Tillman moved to approve PrOject B. Mayor Pro Tem Sherman seconded the motion that carried 4.0. Project Name: Agent: Owner: Location: Description: BAPS TEMPLE .1ay Patel - / BAPS Development, Inc. SE 18m Avenue and US #1 & SE 20m Avenue Request for abandonment of street right-of-way .lay Patel. reoresentina BAPS Temple. was present to respond to any questions. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. Motion Mayor Pro Tem Sherman moved to approve. Vice Mayor "lqllman seconded the motion that carried 4-0. [1 MEe 1 lNG MZNUTES REGULAR C~TY COMMZSSTON BOYNTON BEACH`' FLORZDA FEBRUARY 15,, 2000 V~. BIDS: None ZX. DEVELOPMENT PLANS: A. Ratification of Planning & Development Board action: David Chafin (640 NE 15~ Place) - Request for relief from Chapter 2. Zoning, Section 5 (C) (2)(a), requiring a minimum rear setback of 25'to allow a 9.5' rear variance, or a rear setback of 15.5' to construct an addition to a single-family home (TABL-~'D I'OFEBI~UARy'.~'~~') Hike Rumpf, Planning & Zoning Director, reported that the Chafin's are relocating out of the State and have withdrawn their applicatio,. X, NEW BUSTNESS: Aw Approve a multi-year special event permit at no charge for Boynton Beach Mall in exchange for continual rent-free usage of City Hall in the Mall location for a five-year term Vice Mayor Tillman asked if additional language was added regarding shuttle service. Mr. Hawkins advised that the City will approach the Hall with the recommendation and he is confident they will be receptive to parking for special events. Motion Vice Mayor 'lqllman moved approval. Mayor pro Tern Sherman seconded the motion that carried 4-0, B. Request for funding from Boynton Beach Faith Based Community Development Corporation (TABLED ONFEBRUARY~~r) Hr. Hawkins reported that the Boynton Beach Faith Based Community Development Corporation would go through another process through the Community Redevelopment Office. This item needs to ;e removed from the table and disposed of. Motion Vice Mayor Tillman moved to remove this item from the table. Commissioner Weiland seconded the motion that carried unanimously. 12 MEe i ~NG MZNUTES REGULAR C~I'Y COMM[SS/ON BOYNTON BEACH, FLORZDA FEBRUARY 15, 2000 Sister Lorraine Ryanr a medical mission sister, 4769A Quailwood Crescent, said the culture of Black Americans is intertwined with their churches. She urged the Commission to honor Black Americans by granting this request. Schedule a Special City Commission meeting for February 29, 2000 at 6:30 p.m. for the purposes of making a determinaUon that changes to the Comprehensive Development of Regional Tmpact (Quantum Park) do not constitute a substanUai deviation; determining that no further development of regional impact review is necessary regarding such changes; considering approving such changes and amending the Development Order Dale Sugerman, Assistant City Manager, explained that since the agenda was prepared, staff has been looking carefully at this issue and it s ant doated that a d~termination w be made that there will be a substantial deviation. The schedule will not change, but that will change how the project is treated. The Commission will be fully apprised of what.this means. Commissioner Weiland pointed outthat .this is a very big project and will be a great asset for the City if it moves forward. He urged staff to be 100% prepared n order to avo d errors with a project of this size. He wants staff to :provide all necessary information well in advance of the meeting so that meaningful discussion can take. Place at the meeting. He further stated that the Commission would not have to make a decision on February 29~ f there is any discomfort on the part of any Commissioner. Mr. Sugerman said this would be a 66-acre mixed-use project in Quantum Park that would idclude residential, commercial, retail and entertainment. This pro.iect will be considered at the Special Meeting on February 29m. There will be an Ordinance for consideration on first reading. At the regular meeting on March 7~, a public hearing will be cpnducted on this issue. Based on the results Of the public hearing, there will be a second readir~g of the Ordinance at the regular meeting on March 21~. This project will be introduced through the Planning & Development Board process on February 22"d, Mr. Hawkins said staff is taking a great deal of time to review this project. A strategic alliance team has been formed to make sure the review is coordinated and to ensure that all issues are covered. Motion Vice Mayor Tillman moved to approve. Commissioner Weiland seconded the motion that carried 4-0. LEGAL: A. Ordinances - 2~ Reading - PUBLZC HEARZNG None 13 ME/::t ,NG MINUTES REGULAR CZ'FY COMMZSSTON BOYNTON BEACH, FLORIDA FEBRUARY 15, 2000 B. Ordinances - Ist Reading None C. Resolutions: None D. Other: 1. Ratification of Code Compliance Board action: ae Rescind the fine in Case #99-1516 (102 Seacrest Court) - The original fine was $125 plus $672.21 in administrative costs. Scott Blasie, Code Compliance Administrator, advised that the Code Compliance Board voted to rescind the fine in Case #99-1516 based upon the violator's efforts to comply and the fact that the property has been well maintained. Commissioner Weiland pointed out that the City usually recovers the administrative costs in cases such as this. He inquired why this case was different. Mr. Blasie felt the board's intent was based on the fact that this was a small fine and the violator had problems with a car he was trying to get rid of. The violator paid a non-refundable $200 fee for the hearing before the board. Motion Commissioner Weiland moved to approve. Vice Mayor Tillman seconded the motion that carried 4-0. X/?. UNF'LN[SHED BUS~[NESS: Re Review and Consideration of the pre-application(s]) received, for submittal to Palm Beach County, Department of Economic Oevelopment, under the Round ZZz Core Grant Program ~7'ABZ~D TO FEBRUAR r ~5m) Attorney Cherof recommended that this item be left on the table since there are still activities ongoing on the property that would impact the Commission's consideration of grants. A club, without an Occupational Ucense, advertised that they were opening this past weekend. The City filed for injunctive relief in court and the club did not open. However, there are ongoing discussions about how the City would want to resolve their application for an Occupational Ucense. 14 M EEI-~NG MI'NUTES REGULAR C~TY COMMI'SSZON BOYNTON BEACH,,' FLORIDA FEBRUARY 15~ 2000 B. City Manager Search Discussion Commissioner Weiland referred to City Commission meeting minutes of October 19, 1999 wherein a recommendation from Lance deHaven-Smith read as follows: "My recommendation to the Commission was to raise the requirements for applicants, and to extend the search in an effort to find candidates whose background and qualifications would be strong in all areas': The Mayor and Commissioners also decided to be clearer about their expectations regarding the applicants' qualifications for the job. They want the new City Manager to meet the following requirements: He or she must have at least a Master's Degree in Public Administration or an equivalent degree in another field. Roughly 80 percent of Florida city managers have an FIPA, and this level of formal, education is needed to assure that the Manager will have technical skills essential for the job." In the November 23, 1999 City Commission Workshop Meeting minutes with Fir. Slavin, the following is cited: "Master's Degree in Public Administration or an equivalent degree in another field. (Mr. Slavin suggested that if an equivalent degree is included, it should be a Master's Degree in Business Administration with government administration or a .1D Degree with experience as a manager or a Graduate Degree in Public Finance with experience as manager." The Commission has five resumes to consider on Thursday. Hr. Slavin assisted the Commissio~ in defining the crlteda for the job. There is a very strong applicant whose education includes a Bachelor of Sdence Degree from the University of Maryland. In September of 1975, the resume indicates graduate study in Public Administration. Although he took courses 'in this area, he never obtained a degree in Public. Administration. [n ,luly of 1992, he attended a program for senior executives in state and local government at Harvard University .lohn F. Kennedy School of Government. Commissioner VYeiland determined that this gentleman does not possess a Master's Degree in any of the fields and Fir, Slavin should not have presented this candidate to the Commission. This applicant ~does not meet the qualifications. In addiUon, Commissioner Weiland pointed out that the Commission was notified on Saturday that one candidate from Miami Beach has city business and cannot attend Thursday's meetings. He reminded the Commissioners that when interviews occurred in August 1999 a, similar situation occurred with Hr. MacLemore. The Commissioners decided not to offer him an opportunity for a special meeting. Commissioner Weiland questioned whether the Commission should change plans to accommodate the Hiami Beach candidate on another day, or provide her with an opportunity to interview early in the morning and return later in the day for her public interview. 15 MEETING MINUTES REGULAR c~rY COMM~rsszoN BOYNTON BEACH, FLOR.~DA FEBRUARY 15r 2000 Mayor Pro Tem Sherman felt the Commission had a candidate pool of four that could end up being three. Mayor Pro Tern Sherman also expressed concern about the proposed scoring sheets because they presented problems in the past. Vice Mayor Tillman said he looked at the entire candidate packet and the Commission has a very good pool of candidates. There is a discrepancy in the fact that Mr. Stoner does not possess a Master's Degree. However, he urged the Commissioners to look at the size of the cities Mr. Stoner has dealt with and the time he has been on the job. Vice Mayor Tillman felt those qualifications would make the Master's Degree a moot point. The Master's Degree was included to bring in the highest possible level indMdual. The Commission should interview Mr. Stoner and decide later on whether or not the lack of a Master's Degree should be a consideration. He urged the Commission to give Mr. Stoner an opportunity. Vice Mayor 'Fillman felt Ms. Henry's situation was understandable. She is the only female candi.d,.ate in the pool and she is from th s region. He felt that it wou d not look good f she weren t interviewed. Vice Mayor Tiliman saiiJ he was receptive to any suggestions from the Commission with respect to either a longer day.on Thursday or adding interview Ume on Friday for Ms. Henry. It is his ~pinion that ail ~f the c~andidates should be inlierviewed. While Commissioner Weiland agreed with Vice Mayor Tillman that Mr. Stoner appeared to be very skilled, he reminded everyone that the. Commission sent out a profile through Mr. Slavin. Although Mr. Stoner may be a "gem in the rough", there were probably other "gems in the rough" that did not apply because they didnft possess a Master's Degree. Commissioner Weiland expressed concern about the fact that Mr. Slavin submitted Mr. :Stoners resume when he knew Mr. Stoner didn't meet the qualificat!ons, tf the Commission decides to consider this application, it would open up a whole :~ew"ballgame''. Mayor Broening advised that Mr. Slavin knew all of the candidates personally. The Commission directed Mr. :Slavin to find the five best candidates for this City~ Mayor Broening said he would not want to forego the opportun ty to ta I~.{0 i~lr~ Stoner even though he feels the lack of a Master's Degree is a handicap. Mayor Broening said he was prepared to trust Mr. Slavin. Mayor Broen~ng wants to ~nterv~ew Ms. Henry because she-is~n extremely strong candidate. Vice Mayor Tillman did not feel that extending;the interview process for an additional day would be disruptive. He urged the Commissioners not to use Thursday as an excuse to exclude a candidate. He felt that if Ms. Henry was being fo:rthr ght, the Commission should come back on Friday to include her. Commissioner Weiland reminded the Commission that when the interviews took place in August, Mr. MacLemore was not g~ven another day for his interview because of artides that could be written in the press about questions that were asked. He inquired if it would be fair to the candidates that were interviewed on Thursday if the questions are changed for Ms. Henry on Friday. He also questioned if it would be fair to Ns. Henry to receive different questions. A date was established for Thursday and he is notin favor or extending it to Friday. MEt:; .tNG Mt'NUTES REGULAR CZTY COMM'rSSZON BOYNTON BEACH, FLOR.I[DA FEBRUARY 15f 2000 Commissioner Welland said he devotes a great deal of time to his job and tries to do the best possible job he can. He reiterated that he asked about the date of these ~nterviews for more than six weeks. He made plans to take his son away for the weekend because school is closed, Commissioner Weiland would prefer to do these interviews on Thursday with the four candidates. He has no intention of trying to exclude Ms. Henry. Commissioner Weiland said he would be willing to begin interviews at 6:00 a.m. on Thursday and stay until 9:00 p.m. or 10:00 p.m. to accommodate Ms. Henry. Mayor Pro Tern Sherman felt there had to be some time during the day on Thursday that Ms. Henry could be here for her interview. Mayo Pro Tern Sherman was upset that the Commission spent two days during a hurricane establish!ng a profile and then Mr. Slavin presented a candidate with a Bachelor's Degree. Mayor Pro Tem Sherman recommended that the Commission interview four candidates maybe - but three for sure. Commissioner Weiland is confident that the Commission will hire a candidate from this pool by the weekend. He questioned whether the Commission would discuss the candidates following the public meeting if there is a 3-2 vote., Such a discussion among the Commissioners may help bring out points that might convince a Commissioner to change his/her vote. Mayor Broening reminded the Commissioners that during the Agenda Preview Conference, there was discussion about not voting on Thursday, Rather, ~he commiss oners would take working papers with them and spend the weekend (or five to seven days) reviewing. There would then be another meeting to r~ake a selection. Mayor Broening sa d ~ does not have an objection to making the selection on Thursday, but he is wil!~ng to delay if that is the Commission's desire. Mayor Broening feels this is a very important decision and caut on may be the way to go. He is satisfied with the poo of canal date~ and agreed that the Corem ss on wOuld cons der four cand'dates. Mayo~ Broenmg Wou dike 1~o ihterv Aw Ms. Hen~ because he feels she is deady a superior candidate. Commissioner Weiland recommended that Ms. Hehry be contracted in the morning to make it clear that the commission would like to see her on Thursday.~. The Commissioners should then be: contacted to advise of her response. When Ma~yor Browning offered to make that contact, Attorney Cherof said he would phone Ms. Henry, Mayor Pro Tern Sherman asked how the situation would be handled if Ms. Henry could not attend an interview at any time on Thursday, Commissioner Weiland recommended that Ms. Henry not be given a choice of Thursday or Friday. If she is sincere about the job, she will make it on Thursday. Vice Mayor lillman felt the Commissioners were comparing what happened in the past to what is happening now. Because of her qualifications, Ms. Henry should not be excluded. She meets the criteria and the Commission must be lenient and open-minded on some points. Attorney Cherof recommended that the Commission take a brief recess while he attempted to contact Ms. Henry. 17 ME,- J.~NG MZNUTES REGULAR CZ'I'Y COMMt'SSTON BOYNTON BEACH, FLORZDA FEBRUARY 15, 2000 MAYOR BROENTNG DECLARED A ].0-MZNUTE RECESS AT 8:20 P.M. THE MEt=I~NG RECONVENED AT 8:35 P.M. Mayor Broening reported that Attorney Cherof was unable to reach Ms. Henry and lelt a message on her answering serwce. Attorney Cherof advised that the following options were available: Wait to see if Ms. Henry returns the call this evening or first thing in the morning to advise that she is available on Thursday; or Move all of the meetings to another time. This would necessitate contacting at least three other people who have already made arrangements to fly here. Commissioner Weiland feels that the issue before the County in Miami Beach is a financial position on E~ayfront Park. Ms. Henry is the Assistant County Administrator. If she is not able to delegate her responsibilities to someone else for that issue, she should still be able to make time for this interview because of the window of opportunity this City is offering her. Commissioner Weiland has difficulty believing the meeting in Miami would take the entire day. If she is interested in the position, she will do her best to be here at two different Umes on Thursday. Commissioner Weiland pointed out that if all of the interviews were to be rescheduled, the possibility exists that another candidate could be lost because of scheduling conflicts. Attorney Cherof also explained that all of the interviews were scheduled on fairly short notice. It is doubtful that any of the candidates obtained the type of flight arrangements that would produce refunds and the City would probably have to reimburse those costs. Commissioner Weiland said the City of Boynton Beach must investigation on the final candidate that could take up to two weeks. do its own backgrounr~ Mr. Sugerman advised Attorney Cherof that Mr. Stoher had made arrangements to leave his city this evening and could possibly already be en route. Attorney Cherof felt it would be appropriate to try to reach Mr. Stoner immediately if he were not going to be interviewed. Mayor Broening said he would be willing to concede with respect to Mr. Stoner, but is in favor of meeting with Ms. Henry. Commissioner Weiland agreed that the City has four candidates and we should work with Ms. Henry to get her here on Thursday. Vice Mayor Tillman said it is very important for this City to interview Ms. Henry. The Commission raised the level and conceded that Mr. Stoner does not have his Master's Degree. No one else can be excluded because of what she might read in the newspapers. He recommended that the City Attorney be instructed to include some parameters about what Ms. Henry should or should not do. Ms. Henry's position is critical and we should accommodate her. l'f the Commissioners are willing to accommodate her either early in the morning or late at HEel zNG MZNUTES REGULAR CTTY COMMTSSZON BOYNTON BEACH, FLORIDA FEBRUARY 15, 2000 night, then the Commissioners should be willing to add another day. He urged the Commission not to exclude this woman because of scheduling. He agreed to extend the window of opportunity for the interview on Thursday but did not want her excluded if she could not meet that schedule. Commissioner Weiland said this Commission set a precedent in August when Ronald MacLemore was excluded because he couldn't make it to the meeting. There is now discussion about including someone who can't be here for the exact same reason. He urged the Commission to continue with the same format that was used -in the past. Ms. Henry is a great candidate on paper and Commissioner Weiland is willing to extend her every opportunity to interview on Thursday. Mayor Pro Tem Sherman said he would make himself available all day on Thursday to accommodate Ms. Henry. If she cannot be here on Thursday, she should not be a candidate. Motion Commissioner Weiland moved to move forward with interviewing candidates for the City Manager's posiUon on Thursday, February 17~, whether it's three candidates or four candidates. Mayor Pro Tern Sherman seconded the motion that carded 3-1. O/ice Mayor Tillman dissented.) Commissioner Weiland recalled that when past interviews took place, an intermission with a social hour was held with the candidates. He asked if this could be arranged for Thursday. Mayor Breening offered to have this social hour at his home at either 5:00 p.m. or 6:00 p.m. RoseMade Lamanna, Paralegal, will make the arrangements that would include invitations to the board chairpersons, City senior staff and the Commission.', This would involve approximately 30 people. XZZZ. OTHER: Vice Mayor Tillman requested authorization from the Commission to act as the City representative in a meeting with HUD arranged by'Representative Alcee Hastings on March 3~ to secure money for the stormwater project (Pond "B'3, Motion Commissioner Weiland moved to approve Vice Mayor 'rillman representing the City Commission with HUD on March 3% Mayor Pro Tern Sherman seconded the motion that carded 4-0. XI'V. AD3OURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 8:50 p.m. 19 ME,- I zNG MZNUTES REGULAR CZ'TY COMMTSSION BOYNTON BEACH, FLORZDA FEBRUARY 1.5, 2000 C~Y OF BOYNTON BEACH Mayor Vice Mayor ATTEST Mayor Pro Tern City Clerk Commissioner /D~e~uty City Clerk "-(-'Three Tapes) Commissioner 02/~.6/2000 4:18 PM 20 As presid~aarofthe sky-lake homeowners association-I'm here representing 184 residences which translates into close to 600 men, women and children. Apropos to what recently happened in Manalapan where a house was blown up by a small but unnoticed gas leak, it has come to my attention, and I have shared ~ds information with the other communities surrounding Sky Lake: that there is a place ofbnsiness called the Poly Plastic Packa~ng Company at 510 East Industrial Ave that wants approval from the city to construct an addition to its facility. Let me now put City staff as well as this commission on notice that Sky Lake is adamantly opposed to this expansion. The owner of the business stated that the maximum number of gallons he would be storing at the expanded facility would be no more than 800 gallons of any potentially flammable, explosive, toxic, noxious, or otherwise hazardous or offensive material. Upon inspection 4,760 gallons were counted in the not yet.., and let me repeat.., the not yet expanded facility. Obviously this owner can not be trusted to, abide by our codes which are designed to protect the residents and businesses of our city from such blatant abuses of our safety laws. This commission should act in the best interest of the residents that are closely situated to this unsafe and perilous business as well as all of the residents of our city and direct staffto correct thin condition post haste. This application for expansion must be denied and Poly Plastic Packaging should be asked to relocate entirely. A ha~rnat incident involving 5000 gallons of such materials would make what happened in Manalapan seem tike a baby's burp. Coming on the heels of the explosion in Manalapan, thee media may be very interested in a follow-up story exposing the potentiality catastrophic situation we now have in Boynton Beach. Will you please direct your staffto contact me within a week as to the direction that the city will follow in this matter? TV-CONSENT AGENDA MZNUTESOFTHESPECZAL CTTY COMMTSS~ON ME TTEM A.4 HELD TN COMMTSSTON CHAMBERS, CZTY HALL, BOYNTON E ON THURSDAY, FEBRUARY 17f 2000 AT 2:00 P.M. PRESENT Gerald Broening, Mayor Henderson TiIlman, Vice Mayor William Sherman, Mayor Pm Tern Ron Weiland, Commissioner Nellie Denahan, Commissioner 3ames Cherof, City Attorney Sue Kruse, City Clerk CALL TO ORDER Mayor Breening called the meeting to order at 2:10 p.m. and announced that this special meeting was for the purpose of interviewing and reviewing the qualifications of the candidates for the position of City Manager. Mayor Broening stated the procedure as follows: Each Commissioner would ask the candidates the same questions so that each would have the opportunity to respond. The candidates would be rated i through 3 based on their responses. William P. Mitchell Assistant City Manager Newport News, Virginia Vice Mayor Tillman Tf you were hired today, what would you do for the first six months on the job at Boynton Beach2 My first few days and weeks would be aimed at familiarizing myself with the City, its employees and the members of the Commission. I would like to have the opporturii'ty to meet with key community anc~ neighborhood groups that might be available. ! would want to familiarize myself with the financial cooc~ition of the City. I would want to become acquainted with how the budget is being administered and review departments and program expenditures. ! would want to hear from the Commission on things it considered to be a priority. I would .meet with staff to learn what issues they confront and what they consider to be important and try to make some assessment of what should be the key things that need immediate attention. One of the most important tasks would be to ensure that services are delivered in an effective and efficient way. That would occupy my Ume for the first six weeks of my tenure. Mayor Pro Tem Sherman: If you were selected for this posiUon, what standards should be used to assess your performance during the first year as City Manager? The most impontant standards are to be tha~ ! have presented to the Commission the issues and tasks that ! think are important to the community. I will have put together those items as a result of the kind of input ! indicated to Vice Mayor Tillman that ! will be ~oliciting from various players in the community. [ also think that you would want to know that T had addressed a reasonable number of those items that MEETZNG M~NUTES SPECI'AL C~TY COMMI'SSZON BOYNTON BEACH~ FLORIDA FEBRUARY 17, 2000 are top priority to this Commission. Those would be the main standards in a general sense. Otherwise, T believe it would be important for service delivery ro conUnue to be effective and for you to be able to observe improvements in area of interest or concern to the Commissio~ Those things would be important in your evaluation of my performance. Commissioner Weiland: If you were the manager, how would you weigh considering economic development, park issues and redevelopment for commercial in the CRA area to increase our tax base? ! know this community values parkland and citizens need parks for their families to use and enjoy; I place a high priority on preserving those kinds of uses in a community. If at a possible, I would not want to sacrifice land that had been designated as parkland if there were other options that lend themselves to economic development initiatives. As I know from my earlier conversation with you, there are other opportunities for economic devei0pmeet in the community. I th nk t Woud be the responsibility of the staff and the Commission to try to tap those opportunities and develop them concentrating the City's energy in those areas t0 avoid bavin9 to use lanai that has been designated for parkland. ProtectiOn of the environment ~tself';a~d making sure there are good refuges for nature to be enjoyed: and generally Protected have increa~fng importance to our ~itiz~ns. Of course, cities are like arm]es in a way. There's an old adage that says, "armies live on their stomachs". Cities .live on their finan, ces~ We certainly can't shortchange the need for economic aeveiOpment activities and ! believe that a City like Boynton Beach has a very good story to tell to this State as weilas this country about the many ~ositives ~hat are here. The gc~d things that are here w make economic deVelopmekt a much easier ~unedon to perform. ~t is just a matter of the community seizing the opportunity to tell its story Of course, t Ca'not te ts st~y a one. It needs partners ! w6uld seek t~ identify those partners and ther ones that most 'readily come to mind are other communities in the, region as well as the State govemment itself --bol~h of which are engaged in economic development activitiesi Those resources ought to be u~t[t ~d and Boynton Beach certain y needs to make surethatjt is part, of the a. gend~ of these other levels of government n terms of trying to attract desirable industry and commerce to the community. 4. Commissioner Denahan: Tell us about some of your 'external relationships to the State and other local governments, the schools, the business community, citizens group'nd the media. It is important to work with a lot of other groups to deliver a successful governmental product There is little that communities can accomplish alone a~l i have, over the years, worked closely with the school system and youth serving agencies both locally and at the State level. I have also had relationships with neighboring communities with regard to'p~blic transit. I was a member of a regional transportaton district commission that recently merged with, another reg onal transit distdct to form one large transit system. We have had quite a lot of success:workipg with the bus ness community, respond ng to ssues that would help retain those companies within the community as well as identify opportunities for those companies to expand their operations. I have worked closely with neighborhood associations to fadlitate them, identify problems and issues that were ~mportant to them and not only stop there with asking about the problems they are concerned about, but also to solicit their view on some of the solutions to the problems. We have been quite successful in identifying ways to better serve communities and neighborhoods simp y by appealing to the citizens and finding out their particular frustration; We have had some success r~ decreasing crime in areas through the use of neighborhood groups. There were problems at one time with a lot of street MEt: liNG MINUTES SPECZAL CI-I'Y COMMTSSI'ON BOYNTON BEACH, FLOI~TDA FEBRUARY 17~ 2000 drug sales and no one knows any better who the people are who engage in [:hose kinds of illegal activities than the people who actually live in those neighborhoods and are burdened and victimized by those activities, Oftentimes all they need is a mechanism to express them and they can put their fingers almost immediately on getting to the bottom of the problem and the issue, There is a concept now called community governance, A large parr of that is an outgrowth of community polidng, The major element of it is going into the community and listening to the citizens. This allows the goverement to hear firsthand what kind of services are working and what kinds of services could be improved with changes in service delivery practices, 5. Mayor Broening: Why do you want to come to Boynton Beach? [ have been in local government for quite a number of years and ! feel ! need some movement in my career. ! really do not want to end my career as an Assistant Manager and ! think that coming to work in Boynton Beach or a city like Boynton Beach can be a capstone to my career and would complete my career. ! would be able to say that ! had a full local government experience and career. Boynton Beach offers that opportunity because you have a vacancy and ! think that T have much more to contribute to public service. ~[ have been committed to public service my entire life and ! take it very seriously. T believe I am a decent professional and ! think ! know the business fairly well. As ! told Commissioner Welland, "sure would like to live in Florida". This presents an opportunity to do that. Florida is an appealing place for obvious reasons. ! am always trying to learn more about this business, ! do not profess to know ever~hing that there is to know. ! would only assure you that [ would work hard at it and be above board and open which is the,only way for a .,m_aneger to deal with a governing body. ! always get better at what t s [ do !q start at one level and I m confident that ! end upat a much higher level in the end. These are the reasons !'m interested in Beynton Beach and they're also some reasons that ! think I bring some value. Vice Mayor Tillman: How important do you think your experience in terms of remaining in a job a certain length of time ~s in bringing that key element to Boynton Beach? !t is important because I have observed a lot of things and !'ye done a lot of things in the years that I have committed to local government and as ! was telling Commissioner Sherman, ! don't surprise easily. I think I've seen almost everything there is to see and ! believe that there are few surprises for me in government whether or not it has to do with staff personnel, the C'~mmunity, or the Commission. ! think ! have a fairly good instinct for what it is that elected officials are interested in. ! know each of you has a constituency while at the same Ume, the entire City and community must be your primary interest and constituency. I've gained this knowledge over a considerable number of years. I know that management requires a certain amount of hands-on and being there in order to be effective atit, [ know that just because you say you want something done, that doesn't necessarily mean its going to get done, You have to do some follow up to make sure things get accomplished, I know the importance of fairness both in dealing with employees as well with the communities, One of the mare criterion of fairness is if I can do it for one, can I do it for another? If the answer is no, generally it's probably the better parr of wisdom to steer clear of it. I could go on because I have included a certain amount of experience in all those numbers of years, That is the value I will bring to Boynton Beach. Mayor Pro Tern Sherman: If you were selected as our City Manager, how would you assess the strengths and weaknesses of our organization and how would you identify opportunities to improve it? 3 MEETZNG M:~NUTES SPECIAL CZ'fY COMMZSS:~ON BOYNTON BEACHt FLORIDA FEBRUARY ].7f 2000 The challenge is delivering services to the citizens and meeting their expectations and satisfying their needs. [ would assess the effectiveness of the organization by how well the staff responds to those needs. I believe that there is no better way to tell how well an organization does than to see how the community feels about the services it receives. It may be necessary to survey and get baseline data about how the community feels about the organization. I have no reason to believe that the community has anything but high regard for the City organization now. Later on, we would be able to find out whether there has been any improvement in areas where the community had identified the need for improvement. You look for opportunities for improvement whenever you hear recurring concerns and complaints. Those are areas that demand review for improvement. Commissioner Weiland: During the past 10 months, we have had a difficult time hiring a City Manager. The community has become very uneasy about us not being able to make a selection. If you were hired as a City Manager, there is a ~3essibility that there are different factions of the City that would not welcome your appointment. What would you do and how would you approach bringing the community back together and entrustieg your abi ty to lead the City? I would commit myself to working for whoever is in the position of authority and responsibility and I would see that the organization provides good sound staff work that can be relied upon and that the information is accurate and the organization is open. [ would let people know that the City government is here to provide assistance and be of service and that we are not attempting to identify reasons why not to do things. We are trying to identify how to get things done [ believe that is all that the community wants and community leaders Want. They want to be convinced that they are getting a fair days work for a fair dollar. They want to feel that what they receive is reliable and that people are ccJmmitted to doing good. Commissioner Denahan: What three critical factors have you found work for you in affecting employee morale in order to help you bring everyone on board if you were selected? First and foremost is to let employees know that they are valued; that they're important and that they are going to be supported when they're right and if there may be disagreement with them. Tf they're wrong, as long as it's not something deliberate, they will be support/ed as well and they will be listened to and their ideas will be sought out. Their ideas wilJ be expected to help manage the City and address its issues. No one can get very much accomplished alone and it is probably even more true in local government. [t is key that people know that they are needed to make a contribution. They need to be recognized for the contributions they make. Nothing is more distressing to an employee group than for people to take more credit for achievements than is really justified. Almost always, achievement is a group accomplishment. Frequently, the leadership will take kudos quickly and easily and that can hurt morale. Praise needs to be equitably spread around while the blame comes to the top. The top then makes it clear that it doesn't want to have to take too much blame too frequently. 10. Mayor Broening: What special quality would you bring to Boynton Beach? ! would work hard for Boynton Beach. ! believe that my most important asset right now is commitment to get things done. it is easy to talkthe game. The hard part is the doing. ~ will take hold of the task and stay with it. ~ do not like to ~3e embarrassed and T am sure=you don't either. There is nothing more embarrassing to me than to fail for not having made a genuine effort. There will be disappointments and failures from time to time and if we learn from the mistakes, they have value. One thing that the 4 MEET/NG MINUTES SPECIAL CZTY COMM:[SS?ON BOYNTON BEAClt, FLOR/DA FEBRUARY 17, 2000 Commission can rest assured of is that I would make Boynton Beach an integral part of me. ! try to look ahead. Whenever we are confronted with a challenge, we start from where we are at that point. There is little or no value in looking back at yesterday to try to identify a scapegoat. What is important is what is needed to take us out of the situation we are in and move us ahead. I would work to try to do that. I~A YO~ BROENZNG THANKED Id, q. MZ'I"CHELL AND ZN~UZt~ED £F HE HAD ANY ~UEb-T_roN~ FO~ THE C01¥1~£$$£01~. ~R. I~FFCH£LL HAD NO ~U£5-FZON~ TO MAYOR BROENZNG DECLARED A BR/EF RECESS. KURT BRESSNER Village Manager Bensenville, Zllinois Vice Mayor Tillman: Tf you were hired as the next City Manager, what would you do in the first six months? What T would want to do is talk to some of the influential people in the community to find out their views. I would talk to the Chamber, educational community, healthcare services, citizen leaders and those types of individuals that have demonstrated an interest in the community. T would want to work with each Commissioner to find out what you would want to accomplish indMdually and as a group. T would meet with the employees to determine what their prioriUes and interests are and do an inventory of what is called "the cMc index". This is something that the National Civic League has put together. Tt is a method to evaluate a community in terms of citizen participation, community leadership, government performance, the level of volunteerism in the community, inter-group relations in the community and the ciwc education in the schools. ! would get a fix on that and talk about the type of information that is being disseminated and where it is coming from. T would try to determine how accurate that information is and find out if there is capacity for cooperation and conciliaUon if there have bean conflicts. I would determine the community vision. I know there is community pride. I would want to look at the type of inter-community cooperation that exists. Boynton Beach js part of a region that is dependent upon sister agencies and sister governmental units. I {Nould do thi~ within the first 60 days. Mayor Pro Tem Sherman: If you were selected for this position, what standards should be used to assess your performance during the first year? It would be very helpful to sit down with the Commission early on to establish specific projects and benchmarks that you are looking for both internally and externally. There are a number of internal issues in the organization in terms of employee relaUons. From what I've seen, the staff is very good, very enthusiastic and interested in doing the right thing for the community. I know there have been efforts in the past to develop more teamwork among staff members and ] would ask that we come up with a list of activities and projects that the Commission is interested in having me perform and develop benchmarks for success. Commissioner Weiland: Weighing the factor that Boynton needs to increase its tax base, please explain the needs of developing parks and recreation versus economic development. MEETZNG MI'NUTES SPECZAL CTTY COMM~'SSZON BOYNTON BEACH, FLORIDA FEBRUARY '17~ 2000 The struggle between open space and development is something that is being played out in communities all over the United States. ]If the conditions are such that there are opportunities for economic development and they can allow refraining of the open space so that two projects could emerge, perhaps with a larger piece of property and reshaping, you might be able to fulfill both desires of the community under one project. ! don't view it as a zero sum and ! don't view it as a win-lose situation. ]I do view it as having to take stock of what's there, what the expectaUons are of the citizens and what the desires .are of the Commission, You must then balance those needs and come up with possible alternatives. It is ~mportant to get the plans Out and get them circulated so that there is adequate public dialogue and involvement in the discussion. The old adage is "if you tell me I'm going to forget. If you show me I may remember, but if you involve me, I'm going to understand". In the case of land use decisions, the more involvement there is, the better off. You might be pleasantly surpr sed that citizens who.may have been diametrically opposed to the development of a. piece of property may take a look and say, under these circumstances, I think maybe I can sUppor~ something. Then you have something to work with. The community dOes need to focus on economic development, but it doesn~c necessarily have to be at the cost of some other attributes in the community. It wil take SOme tact and diplomacy, behind,the- scenes work and some statesmanship by everybody that is involved. Commissioner Denahan: Please expound on some of your external relaUonships in reference to state or other local government, schools, business community, citizens groups and the mad a. [[have .been actively involved in a number of professional assoc ations that serve.local governments -the nternacional City Hanagement AssodaUon, ! am chairman of a special committee that is looking at graduate education for public administration degrees. ]I. am working with NSPA (National Society for Public Adm nistration) trying to refine the curriculum for graduate students to make sure that the education they receive is relevant to municipal government. Too often the education that is derived at the graduate level may not be on point to those individuals that want to choose local government as a career. T am also on the Board of Directors for the !nnovaUons Group and have been on the board for the last two years. The ][nnovaUons Group is an organization of the best and the brightest communiUes in the United States, These are the communiUes that are doing the right thing anc~ they are the types of communities that you would want to rub shoulders with because this is where the brain crust is. These dues are no different than Boynton Beach, but they have fecUSSL~ on their communiUes and are willing to share that informaUon. Part of the responsibility as a board member is to continue that flow of information and develop means by which that information can be given to the members of the organization. Tf ]I am selected as manager, one of my condiUons of employment will be that Boynton Beach joins the ;nnovations Group because it will give staff and the Commission an opportunity to share experiences and work from the experiences of others. lin terms of other organizations, ! am on the board for the DuPage Mayors and [Vlanagers Conference that is a council government. ]i have been actively involved with that organization that represents about 900,000 people in the Chicago area and DuPage County, ]I have been on that Board of Directors off and on for the last 15 years. That organization ,gives us an opportunity, as a member of a municipality, to participate in legislative issues and deal with technology issues. Currently I am chairman of the Transportation Policies Committee and we are in the process of implementing a traffic signal inter-connecUon system for the entire county for better traffic flow of the area. Each board member is responsible as a chairperson of a particular committee. Both elected and appointed members are voting members of the Board of Directors. 6 MEETING MI'NUTES SPEC!AL CZTY COMMI'SSrON BOYNTON BEACH~ FLORIDA FEBRUARY Z7~, 2000 serve also as the Vice-Chairman of the 911 Board that is the Emergency Service Telephone Board for DuPage County. As Vice Cha rman, ! am responsible for handling over $7 million a year in surcharge revenue that we use to fund the 911 system that is a countywide system in DuPage County. [n terms of the Chamber, T have been on Boards of Directors of the Chamber. [ think there is an important relationship between Chambers and municipalities, recognizing that Chambers and boards don't always agree but they must talk to each other. They've got to work with each other even to a point of disagreeing, but being able to say T respect your position. T have aways found that having a relationship v~ith a Chamber of Commerce is a ben'fit to the community. Sometimes it's adversarial and sometimes we're on the other side of an issue, but we've always found ways to talk and T think that's very important to any community. ! know that in Boynton Beach, the situation with the Chamber kind of comes and goes and it's like that all over the United States. Am I connected? Yes. ! try to be involved in external issues rather than just stay in my community. I'm a visual learner. That's how I learn th ngs by meetincr and work no with DeOD e T've Parn~d r,.rom, you .all and your staff, tm tek!ng some things back to my community that Boynton Beach is doing. i've peen Keeping notes too. It's a learning eXperience for me. 5. Mayor Broening: Why do you want to come to Boynton Beach? This is a compleX community. It has a good base for citizen involvement and potential for some good changes. The core elements seem to be present;/here. You've got a viable business community. Some areas are more viable than others are, but YOu h~ve a core. There appears to be active re gious, social and fraternal organizations in the communi~. Thee are core elements of any successful community that make them gc~l hometowns. You have gathering po nts in the community. You have taken care to establish gathering points in the community for people to come together, share eXper ences and socialize. Tn talking with staf~f you have a lot of cultural events and community events that are gathering points and are very important for the life of the community. You have a commtted staff. The core infrastructure appears to be good and you are addressing some or.your internal issues through training and developing your staff. T see good potential. 6. Vice Mayor Tillman: How important is,stability to you in the job. My first position was for 11 years in Wood Dale and in Downers Gr~ve for nine years. That is a very long tenure for this profession. The average tenure for managers nationwide is about four or four and one- half years. So, in both of those communities ! exceeded that time line. [t wasn't as if you got to cruise control after a certain point in time in your career. Tn both those communities what ! found was that the opportunities and challenges continued to come my way and T was never bored or complacent in terms of what T was working on. Tt kept coming at me and ! kept coming at it for the entire tenure in those communities. Bensenville is kind of a white-knuckle ride right now too because there is always something going on. A good manager ~s not goin~ to be sitting back and wa ting for things. He/she is going to be anticipatory - go out and find out ~vha~ go ng on in the community and try to address those things before they become a crisis so that you all. look good and the newspapers print nothing but good news about your community. Mayor Pro Tem Sherman: !f you were selected our City Manager, how will you assess the strengths and weaknesses of our organization and how would you idenUfy opportunities to improve it? MEETING MlrNUTES SPECZAL C~'I'Y COMM1rSSI'ON BOYNTON BEACH, FLORZDA FEBRUARY '17, 2000 I focus on the strengths because that is where the success is. Weaknesses will manifest themselves soon enough. What I have found in my experience has been that working with groups of employees, whether it's a task-oriented teem~ or working in small groups to have them work with each other and help each other, builds self-confidence. It gets them focussed on programs and activities that they are proud of doing and they want you to know about. What we did in Downers Grove at least once a month is that we showcased a program or activity at the Council meeting. Staff made a presentation of the new ideas that were generated by staff and nurtured by the Manager and department heed. There were a number of m stakes made in the process, but they were all learning exper ences for the ind v dua s involved and the failures were celebrated, as were the successes. We celebrated the failures a lot quieter, but we did mark those down and move on. My role as manager is not to direct the work of the staff. My role as manager is to make things happen and make staff do the work and let them dove op the r own priorities w th gu del nos from you all and from me. It is their responsibility and a trust factor is involved. Qne thing about me - you have my trust, you keep my trust. That's out of that whole and get traits. You develop trust; takes a while to come back. IcJ relationship, i'm nora father. I'r~ job. We are all professionals il shortcomings to that by whatsoever in terms of our lives. terrible conditions, iv equivalent of a snowstorm or a ~ Weeks age we had a watel you're stopped by to talk to the crew. NY l safely so that traffic can, and said, "thank you sir, we do try to get out into t organization, but it is an organization 8. Commissioner Weiland: going to be a long time until you crawl it ta~es you a while. That's one of my We work together. Tf the trust is betrayed, it [y earn your way back. It is an adu t an adult relationship. We're all here to do a public service as a career. There are in the public sector have no privacy , and are asked to work in understand ~ou get hurricanes, That's the out and seeing ng that just two the winter, the water is about 42 degrees and was on my'way home from a meeting and but you're doing did tomorrow and T did. I to them. This is a very large r public service. In the pastille months, we have had a difficult Ume se oct ng a City M~nager A ar§e part of the Ci~ s at unrest at this indecision. Tf you are appointed, you may not be accepted by part of the~0mmunity. How Would you approach this and bdng them together? ! believe in equity. I believe in equity of services, p~grams and opportunity. I wou d do averyth ng ! .could to live, that and walk that walk and talk tha~.talkbecause t think it is very important. ! understand mese complexities and the difficulty that that places, but ! have always found in working with individuals that there is a common point someplace. It may t~ke a little bit to determine that common point, but then we build on that. You build on relationships and you develop trust. !f there are neighborhood meetings, I prefer to meet in a church, a school Or the living room ora home. Having a community meeting at some place other than City Hall is a way to do outreach. In those environments, people start out very suspicious. Within a short period of time, you can win people's;trust. 111 do my best to use a the skills that !'ve been given to make that happen recognizing that mayb'e I'm notlthe person they might have wished would have been appointed to this position. MEET/NG MI'NUTES SPECZAL CITY COMMTSSTON BOYNTON BEACH, FLOI~DA FEBRUARY 17f 2000 Commissioner Denahan: I believe our employees are our most valuable assets. Dovetailing on Commissioner Weiland's comments, some of the employees may have a hard time moving toward acceptance of you or whomever we appoint as our new City Manager. What three critical factors would you use to impact employee morale and how would you use them to transition yourself into the position easier? Employees understand what they do and the mere fact of me asking them, "what do you do and how do you do it" and "show me what you do" will be a way to have me understand what they contribute to the organization and the community. They teach me and ! would do that to find out from them individually or as groups what they do. ! know a little bit about being a Police Chief now because !'m acting Police Chief. !'m hiLting at some of the edges of :laW enforcement and it is a very compleX profession. ! have been able to pick up some of the concerns and issues so ! can empathize with them. ! would ask the mpl0yees what they feel they are doing that they .don't understand why they are doing it. !n man,y, ureaucracies, ritual sometimes precedes logic The third quest on would be, '~what do you want to do? "Where are the areas~ where you can improve the prooram?" When nut to fh¢ t¢~t- t-h~ n.h ,- ~m .... delivers for the good of the community and does wel on beha f ortho commun Ly. They will moan about it, but when needed, the employees are on a focussed- mission and take care of their responsibilities. ! am not a great one for doing goals on a departmental bas s From my point of vew, there are ma n focal points in the community i~hat need to, JJe dealt wEh. When you focus on those actvites, you accumulate individuals and talent: h the organization. ! do not have the eXperience in Florida; therefore, ! would be locked at the hip with the City Attorney. BUt:! have moxie to work with people. !0. Mayor Broening: What special qualities would you br ng to Boynton Beach? ! have a high degree of integrity. ! understand full well that the role of the City Manager has changed. The role is not only responsibility for directing day-to-day operations, but also that of a convener. They bring parties together, get the dialogue go ng and they step out of'. the picture when the conversation goes on. ! have a good work ethic. !'m resourceful. ! can come up with seemingly random ideas and try to pull them together into cohesive ideas and concepts. !'m WAll known in the profession and ! can get things done through colleagues. ! picked up the phone and found out an awful lot about you all by talking to some colleagues. ! made three phone calls and they generated a lot of [nformetion about Boynton Beach. Those are some of the things ! bring personally to the table and maybe they will be a benefit to you. MAYO~ BROENING THANKED I~R. Bt~ESSNER AND IN~UZP. ED £F HE HAD ANY ~UES'FZON$ FO~ THE COMMISSION Mr. Bressner asked the Commissioners to address the issue of equity of services throughout the community. Mayor Broening said he was not sure of the answer, and eXplained that there is a perception. Usually, where there is a perception; there is o~cen a reality. This is something the Commission would forward to the new City Manager as a first priority. MEETTNG MINUTES SPECIAL CITY COMMZSS1rON BOYNTON BEACH, FLORZDA FEBRUARY 17, 2000 Commissioner Weiland said it is very important that the highest quality services are provided. The citizens are family of the City of Boynton Beach and they must be taken care of. All aspects of the City are of the utmost importance and the Commission is concerned about keep ng the citizens happy. MAYOR BROEN]:NG DECLARED A BRZEF RECESS. DAVID H. READY City Administrator Flint, Michigan Vice Mayor Tillman: [f you were hired, what would you do the first six months? Please be specific. [ believe leadership is active and reflective. The first part would be reflective with a lot of listening, discovering the in-depth issues, meeting a lot of people including department heads, staff, citizens and community to understand the issues and move f0rwar~ from there. Mayor Pro Tem Sherman: Tf you were selected, what standards should be used to assess your performance? T would like to think that is a hiqh standard in terms of benchmarks as far as service delivery, integrity of the office, and where the City ~ommission thinks the City should move and my ability to move in that direction. I would be open to setting goals and benchmarks and you holding me to that standard. Commissioner Weiland: Boynton Beach needs to increase its tax base with economic development. How should we achieve that keeping in mind the needs for parks and recreation? ! firmly believe that cities either develop or die. That has been a main thrust of my tenure in Flint. Development is a key issue in Boynton Beach. The key is staying with it and being able to pierce the limitations by continually chipping away. You stay with it and move~it along and little by little things start to change. As far as the tax base goes in terms of economic de~,e~lopment versus other uses for land, it is a balance and mix that is decided by the governing baldy based on good rational criteria. My job is to imbue that process with vigor to make it happen. 4. Commissioner Denahan: Would you please expound on some of your external relationships to the State and other local governments, the schools, business community, citizens groups and the media? Relationships are very important because without them, many of the things that occurred in Flint could not have been done. A particular example was the new Downtown Minor League Baseball Stadium and Arena/Convention. This was a major project and to do it, all stakeholders had to come to the table. What the City of Flint cannot do alone, an authority (a partnership) will be created and we will make it work and spread the liability across a wider geographic location. The City of Flint supplies water to the entire county via the Detroit water system. My role was politically controversial because ! chaired the joint city/county water parL-nership to renew the county anc~ other municipalities' contracts with the City of Flint. In turn, T had to renegotiate, with Detroit because the l0 MEEITNG MZNUTES SPECTAL CZTY COMMISSZON BOYNTON BEACH, FLORZDA FEBRUARY 17, 2000 rates had increased more than 300% over the 20-year contract. I brought all of the players to the table so that everyone could move forward with one contract. We have more than ZOO neighborhood groups and organizations. It is important for me to remain involved with them to keep them engaged in the City process. With respect to the media, ! have emoraced them and created a good symbiosis that serves the community and the larger area. 5. Mayor Broening: Why do you want to come here? ! have been in Flint for 8 fears and ! wanted to move the city to the next leveJ T have accomplished what ! set out to do. [ would like the challenge to take a City with a lot of potential to the next level on the way to the "World Class Q'ty". Vice Mayor Tillman: How important do you believe stability is and do you see yourself as a stable person in terms of your job? T think my history speaks for me. ! have held my ast two positions for eight years each. ! understand the importance of stability because projects do not happen overnight. [ appreciate the need for stability especially in the structural arrangement of government that has issues of long-term effect that need to be put into practice. Mayor Pro Tem Sherman: Tf you are selected our City Manager, how will you assess the strengths and weaknesses of our organization and idenUfy opportunities to improve it? I would let the organization speak to me to find out where it is. ! would piece together the Commission's goals and objectives and the City's mission to find out how each process can be better. I believe each process can be improved. The manager must allow the organization to see and make those process changes. Organizational development is the key to finding the streogths and weaknesses and moving the process along. ! am a strong advocate of clear goals, benchmarks and accountability. ~ hold myself to that same standard. 8. Commissioner Weiland: ~'n the past ~.0 'months, we=have had ~ difficult time in selecting a City Manager. At this time, the City is uneasy about our inability to select a persofi.~. Tf you were to be chosen as the City Manager, there- is a possibility that certain factions of the City would not accept you as the fight person for the job. How could you bring the community together and accept that you would be the right person that could do the job? ! can De. st answer this question by saying that my passion for government is one that being inclusive is of cdUcal importance. Flint is a diverse community. My staff is diverse. The personnel are very diverse. Whether it's the City Hall Christmas choir or a major policy initiative, ! am always thinking of the issues of diversity and balance and bringing the community together. I am always sensitive to the fact and possibility of those things that could take the community apart. For me to demonstrate that !'m the right person for the job for the entire community is something ! understand. ! can demonstrate that by being involved. Commissioner Denahan: ! believe that our employees are our best assets. You may have a little bit of resistance with employees as you transiUon if you are selected. What would be the three critical factors that 11 MEi:i zNG MZNUTES SPECZAL CZTY COMMZSSTON BOYNTON BEACH, FLORZDA FEBRUARY 17, 2000 you have found in your previous positions helped you with employee morale and will help you transition into this position? Organizational development is the key. By understanding and performing organizational development well, whether it's training or giving employees more latitude to help them. The staff and the bureaucracy need to understand that they have a place. More specifically, through goals and benchmarks and a program that we all can embrace, the organizaUon itself puts the pressure on individuals to perform. If I'm running the organization correctly, an employee that waivers in one capacity or another doesn't need to worry about me. ]~f I'm doing it correctly, those employees should be worried about their peers. The three critical factors would be: 1) a good quality service program; 2) goals and objectives that everyone agrees to; and 3) ~acilitating the resources that let employees get the work done, whether it's equipment or personnel. Mayor Broening: VVhat special quality or qualities would you bring to Boynton 6each ~f you were selected? Long ago I made a personal decision that if I was going to rise to the highest level of government in terms of professionalism and to be a professional in government, I needed experience and education. I tried to do that. I bring my educational background that has allowed me to frame the issues of government, frame the issues of law and frame the issues of public administration. The experience I have he[ps me to merge the two into a theory of practices that is workable. I~AYO~ BROEIV£NG THANKED ,,~,q. ~F_ADY AND ZlY(2UZ~ED ZF HE HAD ANY (2U£.~I'ZOIVS FOR THE COI~/~ISSION. Mr. Ready: What do you see as the ideal City Manager? Commissioner Welland responded that the ideal manager should have strong leadership and involvement to the fullest capability and dedication to the employees so that they haVe a leader they can depend on. Vice Mayor Tillman said he feels an effective city manager should be one that has a proven track record through projects, concepts and events. His immediate team and the employees should hold him in the highest regard. He should be a person who accepts critidsm as well as accommodations equally and spreads them in the same manner. This person should be open and fair-minded and willing to go above and beyond his duties. This person must get the job done. - J Commissioner Danahan commented that the City Manager must be an effective communicator. Mayor Pro Tern Sherman sale he would like the City Manager to do the diligence and look into our organization as he finds it whe~ he arrives here. He would like the City Manager to take the necessary time to assess it in order to determine our strengths and weaknesses and come up with an effective plan to make any corrections that are necessary. Mayor Broening agreed with the remarks that were made and added that he would like the City Manager to be the kind of leader who never asks anyone to do something hewouldn't do h~mself.' ]'n addition, a leader is an enabler. The leader sets the climate, provides the incentives and anything else necessary to do the job. The leader should not attempt to overdefine what the .1ob is because the person who performs the job best defines the job. Ready thanked the members of the Commission for taking the time to interview him. He pointed out thet all of the candidates are well skilled. However, a fifth dimension that he finds helpful is the ability to 12 MEET'~NG M;rNUTES SPEC1'AL cTrY COMM]'SSI'ON BOYNTON BEACH~ FLOR/DA FEBRUARY 17, 2000 look ahead in anticipation of problems in order to take corrective action before they become problems. This is an important characteristic and aspect that he continually tries to work at. MAYOR BROENING DECLARED A BRIEF RECESS AT 4:15 P.M. THE MEETING RECONVENED AT 4:30 P.M. Mayor Breening was confident that three outstanding candidates were interviewed and believed the Commission would be able to reach consensus on the selection of a City Manager. He pointed out that once a selection was made, a backgKound check would be required and on March 7~, the Commission would approve a formal Resolution to make an offer. Commissioner Weiland said he would like to forego spending any additional time on this and not put off the decision until March 7m. Although it is necessary for our Police to do a background check, perhaps the Commission coU d make a decis on on the candidate today through discussion and let the Police proceed with the background check. [fit is positive, the person would have the appointment and we could put the issue to rest for the sake of the community. Commissioner Weiland agreed to listen to the Commissioners' comments. Attorney Cherof advised that this would be a two-fold process. The first step would be the selection of the candidate that is followed by an informal process (administrative process) of preparing an employment agreement and performing the background check. The second part is the formal approval of a Resolution of Appointment with the contract attached to it, Attorney Cberof advised that the Commission could do the administrative part and :address the Resolution of Appointment and employment contract on March 7~. Commissioner Weiland recalled that in the past, a selection was made, but before the ratification took place, members of the Commission changed their minds. Commissioner Weiland would not want that to happen again. He wants assurance that the Commission's action would be etched in stone based on successful negotiation of the contract and this process would be completed on March 7~. Mayor Broening agreed with Commissioner Weiland's remarks and stated that would be his hope. However, the legal process is necessary. Mayor Broening said he is almost 100% confident that if he makes a selection today, he would not change his mind except for ~ reason of cause between now and March 7th. Commissioner Denahan remarked that all of the candidates are q~alified, but they each have a healthy concern because two of the Commissioners will not beton the Commission when he begins work. She recommended that the Commission consider selecting a second choice in the event the first-choice candidate elects not to accept the position. Commissioner Denahan agreed that she did not want to repeat former history. Mayor Pro Tern Sherman requested Mr. Slevin's opinion with respect to Com;missioner Denahan's recommendation. Mr.. Slavin felt it would be a good and sound idea in the event the first-choice candidate decided not to accept the position or failed the background check. Mr. Slavin expressed some concern about whether or not the second candidate would accept such an offer, but pointed out that most times, they will. These candidates have been in this business for a long time and understand how [t works. Mayor Pro Tern Sherman said that when he nterviewed the three candidates, he asked them if they would come to Boynton Beach if they were selected. Each one of them responded affirmatively. The second question was how soon they could take charge and their responses were approximately a month. 13 MEETING MI'NUTES SPEC1'AL CZTY COMM~.SS'rON BOYNTON BEACH, FLORIDA FEBRUARY 17~ 2000 Hayor Pro Tern Sherman feels there is a very good chance of the second person agreeing to accept the position if necessary. Commissioner Weiland pointed out that once a selection is made, contract negotiations would begin that include salary and benefits, He pointed out that Attorney Cherof handled this search and quesUoned whether he would handle the negoUaUons. Attorney Cherof advised that the City has a contract for a City Manager. The sole issue is the dollar amount that would be added to the' contract and Attorney Cherof would like the Commission to review that collectively. Commissioner Welland recalled that a salary range was determined during a workshop meeUng. However, there was no determination with respect to a severance package or a car allowance. Commissioner Welland wants to make certain that every issue is covered so that we can roach successful negoUations. Attorney Cberof said he would give the successful candidate our contract and ask him, in consultation with Mr. Slavin, to have the contract returned to us with the appropriate blanks filled in. It would then come back to the Commission collectively for consideraUon. Attorney Cherof reminded the Commissioners of the Special Meeting scheduled for February 29m. At the present time, thero are two items on the agenda. This contract proposal could be added to that agenda. The Commissioners wero agreeable to this suggestion. Attorney Cherof pointed out that once that occurs, the formal approval could take place on March 7m, Commissioner Welland pointed out that the candidate wou d not give his current emp oyer his formal 8th resignation until March . That wou d mean that the candidate probably would not start work hero for four to six weeks. When the discussion returned to whether or not to select first and second-choice candidates, Commissioner Welland said he had very strong feelings about one candidate. He had concerns about the other two candidates. When only Vice Mayor ~llman and Commissioner Denahan felt it was necessary to have a fallback candidate, Attorney Charof suggested that the Commission defer~hat decision of a back-up candidate until the meeting on February 29th. Consensus Therowas consensus ofthe Commissiontedeferthe decision ofthe oack-upcandidateuntilthemeeUng of February29m. In Commissioner Weiland's opinion, one candidate showed exemplary measures in his ability to lead with experience, his attitude, organizational skills, concern in dealing with employees, education, accomplishments and his ability to lead the City of Boynton Beach. I was impressed by his statement that if he were chosen, he would discuss it with his family. Not only did he have to sell himself to the Commission, but also the Commissioners had to sell themselves to him. The other two candidates did not allude to this. Commissioner Weiland said he would like discussion about appointing Kurt Brossner as our new City Manager. Mayor Pro Tem Sherman said Mr. Bressner was his choice as well. i4 HEEl zNG MZNUTES SPEC'rAL CTTY COMM1'SS1'ON BOYNTON BEACH,, FLORIDA FEBRUARY ~-7~ 2000 Vice Mayor ~llman felt ail of the candidates were good, but since we contracted for five candidates, he would prefer to interview frye. The two outstanding candidates were Mr. Bressner and Mr. Mitchell. However, Vice Mayor Tiliman was impressed with Mr. Mitchell When he said the first thing he would do if he were hired was to look at the b~oks. Therefore, Mr. Mitchell was Vice Mayor Tillman's first choice, followed by Mr. Bressner. Commissioner Denahan said she was impressed with all of the candidates. She advised that she had an opinion, but since she would not be serving under the City Manager, she would prefer to withhold her opi~nion and allow the three Comm ssioners who will remain on the Comm ssion to state ther o inons first. Commiss oner"Denahan said she Was imoressed wifh Mr ~ ~ ....... -- ,',,~-~ b r~sponse :na~: ne WOUlO OoK at the books~ By the Same token, she was equal y impressed that Mr. Bressner would not accept the .fob without his wife's agreement. She would have no reservation in appointing any of the three candidates~ Mayor Broening said he asked the rea ly hard questions during the morning session. Al three candidates gave perceptive and Well thoUght-out answers. HOwever, in the afternoon, Mr. B_.ms. sner stood out n the ~rowd. Mayor Broening liked his energy and likes the fac;c tha~ his team gc~es outside city hail. This is an area where this City.has been inactive. Mayor,~mening was mpreSsed,,wth Mr Bressneds knowledge of Boynton. Beach an~libel eves he is ready to 'hit the ground running Mayor Broening said he Was impressed by Mr. M~chell waating to look at the books, but he s hot~ unea~ abeut tbs Cty's books. Mayor Broening said,the weight o~ his opinion would go t~) M~'. Bressner. ~ommissioner Denahan sa d t s a significant statement: for the Corem ss on to make a unan moas ecision and she t .eqluested more d scus~i0n from Hayor Pro Tem Sherman, Commissioner Weiland anc~ Vice Mayor Ti man b~fore she voted on the issue. C~mmissioner Weiland said he would like to see a unan mous vote, but a unan mous vote is not requ red. COmmissiOner Wetland did not believe the candidate wou d reject an offer once he learned that a unanimous vote could not be achieved because the dissenting vote was from a Commissioner that would not be on the Comm~ssion when he startedwork he~'e. Commissioner Weiland said Mr. Bressner showed extraordinary strength and determination that he could lead our City with great experience. He has three co leagues n Boynton Beach to bring him up to speed. He Said he doesn't ~;Cnow anyth ng about .R°rda aw ~nd woud be joned at the'hip with the City AttorneY. Commissioner Weiland felt ver~ comfortable with Hr. Bre~sner. Mr. Ready was brief and direct in his answers. He made dear statements about what he would do. Mr. Bressner gave great detail that showed that he has the qualifications, experience, desire and determination to lead the City. Mr. Mitchell seemed somewhat appr~hens ve and that raiseci COncern with respect to how he would deal with the public and developers. Mr. Bressner was above and beyond the other candidates and could do an outstanding job for ~e City. Vice Mayor Til man said his main concern was stability because we are in the implementaton phase of many projects with respect to V s on 20/20. Mr. Mitchell showed that stability. Newl3ort News was a city that'existed on the Cold War. When the Cold War ended, Virginia was sunk. Mr. Mitchell went in and under his leadership, he brought the city back. He breathed life back into the dty. That speaks well in terms of his ability to stay on a job and see it through. ! did not see any other inddent from the others that achieved what Mr. Mitche and his subordinates have done in Newport News. Mayor Pro Tem Sherman pointed out that a 4-1 vote was needed. Everyone is entitled to a choice and it is not a necessity to persuade someone to change his vote. Although a unanimous derision would look good, a 4-1 vote would put a City Manager in place 15 MEe i ~NG MINUTES SPECIAL CTTY COMMISSION BOYNTON BEACH, FLORZDA FEBRUARY 17~ 2000 Mayor Pro Tern Sherman said that when the Mayor asked Mr. Bressner what he would bring to 8oynton Beach, Mr. Bressner said integrity and a mid-western style work ethic. He summarized by saying that the job ahead of him was not like "falling off a log'~. Mr. Bressner is up to the challenge and Mayor Pro Tern Sherman was totally impressed by his summation. Mayor Pro Tern Sherman is willing to accept a 4-1 vote. Commissioner Denahan said she would like to have a unanimous decision on this vote, but she would prefer not to prolong the discussion since additiona comments could be perce red as ess than posit ye. C0mmiss one~ Denahan was very impressed With all Of the candidates and any one of them could come into Boynt0n Beach and aCComplish the C [y~s vision. Motion Commiss oner Denahan moved that we select Kurt Bressner for the City Manager position for the City of Boynton Beach. Commissioner WeilancJ seconded the motion that carried 4-t. (Vice Mayor Tillman dissented.) AD3OURNMEN~ There being no further business to come before the City Commission, Commissioner Denahan moved to adjourn the meeting. Commissioner Weiland seconded the motio~ The meeting propedy adjourned at 5:~.0 p.m. CTTY OF BOYNTON BEACH Mayor Al I~-ST Vice Mayor Mayor Pro Tern Commissioner Commissioner City Clerk Clerk k-(:Threa 90-minute Tapes) 16 Requested City Commission Meeting Dates [] November 16, 1999 [] December 7, I999 [] Deeember2L 1999 [] January 4, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FO1U Date Final Form Must be Tamed in to City Clerk's Office November 3, 1999 (5:00 p.m.! November 17, 1999 (5:00 p,m.I December 8, 1999 [5:00 p.ra) December 22, 1999 (5:00 p.m.) Requested City Commission Meetin~ Dates [] January 18, 2000 [] F~br~y 1, 2000 [] V~br~y 15,2000 [] March 7, 2000 'V-CONSENT AGENDA ITEM B.1 Date Final Form Must be Ttrmed in m City Clerk's O~ce January 5, 2000 (5:00 p.m.~ Jalluary 19, 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m. ~ February 16, 2000 (5:00 p.m-) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Bus/ness [] Public Heafing [] Legal [] Bids [] Unfinished Bus/ness [] Announcement [] Presentation RECOMMENDATION: A motion to extend the "ANNUA]L PARTS & SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT" - BID #035-1412-00/SP for one (1) additional year to various vendors by manufacturer, with an estimated annual expenditure of $ 80,000.00. New Bid g042- 1412-00/KR. Procurement Services requests Commission's review, evaluation, and extension approval. CONTRACT RENEWAL PERIOD: APRIL 7, 2000 TO APRIL 6, 2001 EXPLANATION: At the Commission meeting of April 6, 1999, this bid wa~ awarded to five (5) various vendors for a one year period. These vendors have provided us with excellent service throughout the year. The bid will expire on April 6, 2000; but, according to the Terms and Conditions of the bid, we have the option to renew this bid and extend the prices for an additional year, provided all parties agree (see attached extension letters from all five (5) vendors). Dominic DeMauro, Warehouse Manager, concurs with this request (see attached Memo). PROGRAM IMPACT: The purpose of this bid is to secure a source of supply for various parts and supplies for the City's fleet of large trucks and miscellaneous equipment, comprised of various manufacturers. These parts and supplies are Warehouse stock/supply items to be ordered on an "As Needed Basis". FISCAL IMPACT: BUDGET ACCOUNT # 502-0000-141-01-00 (Warehouse Stock) EST. ANNUAL EXPENDITURE, $ 80,000.00 S :',BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ALTERNATIVES: CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM eptity Director of F/nancial Services Procurement Services Department Name City Attorney / Finance / Human Resources /ktr Attachments cc: Dominic DeMauro File S :~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH MEMORANDUM FINANCE ADMINISTRATION TO: FROM: DATE: SUBJECT: Karen Riseley, Buyer Dominic DeMauro. Warehouse Manager Febmary 3, 2000 Parts Supplies for Large Trucks 1035-1412-99-SP FFn ~ .... The warehouse recommendation is to extend this bid for a additional year. All company's are in agreement expenditures is $80.000.00 any questions please contact me at 6324. Requested City Corranission Meetin~ Dates [] November 16. 1999 [] December 7. I999 [] December 21. 1999 [] January 4, 2000 IV-CONSENT AGENDA ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Cl~rk's Office November 3. 1999 (5:00 p.m.) November 17. 1999 (5:00 p.m.) December 8, 1999 (5:00 p.m.) December 22, 1999 [5:00 p.r~) Requested City Commission Meet~n~ Dates [] January 18, 2000 [] February 1. 2000 [] February 15,2000 [] March 7, 2000 Date Final Form Mnst be Turned m to CiW Clerk's Office January 5, 2000 (5:00 p.mO January I9, 2000 (5:00 p.m.) February 2,2000 (5:00 p.m.) February i6, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcemem [] Presentation RECOMMlgNDATION: A motion to extend the ANNUAL CONTRACT FOR SUMMER CAMP TRANSPORTATION SERVICES to QUALITY TRANSPORT SERVICES, INC., Bm #047-2710- 00/KR, in the amount of $275,00 per bus per day. The estimated total expenditure for the Summer Day Camp program is $10,725.00. coNTRACT PERIOD: MARCH 17, 2000 TO MARCH 16, 2001 EXPLANATION: This annual contract will expire on March 16, 2000. According to the Terms and Conditions, we have the option to renew the agreement for an additional year, provided both parties agree. Quality Transportation of Ft. Lauderdale. Florida has provided the Summer Day Camp Program with exceptional transportation services and has agreed to extend their contract price for an additional year (extension letter is attached). Melody Green, Recreation Director, and Sharon Golden, Recreation Manager in the Leisfire Services Department concur with this extension (see attached Memo 00-20). PROGRAM IMPACT: The purpose of this bid is to establish a bus transportation service for the City of Boymon Beach, Department of Leisure Services. The bus service will provide transportation for the summer camp program to various sites throughout Palm Beach County. FISCAL IMPACT: BUDGET ACCOUNT # 172-2712-572.49-17 ESTIMATED EXPENDITURE $10,275.00 ALTERNATIVES: Deputy Director of Financial Services Procurement 8e~ices Department Name /ktr Attachments cc: Melody Gree~ Recreation Director Sharon Golden, Recreation Manager s ABULLETIN~ORMS~AGENDA ITEM KEQUEST FORM.BOC City A~omey / Finance / Human Resources RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETVVEEN THE CITY OF BOYNTON BEACH AND QUALITY TRANSPORT SERVICES, INC., PROVIDING FOR SUMMER CAMP TRANSPORTATION SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Quality Transport Services, Inc., (Bid #047-2710-00/KR) :urrently has a contract for transportation services with the City of Boynton Beach, )roviding for summer camp transportation services, which contract will expire on Jlarch 16, 2000; and WHEREAS, the City and Quality Transport Services, Inc., have elected to exercise an option for renewal in said Contract for a one (1) year term; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Flodda does hereby authorize and direct the Mayor and City Clerk to execute a Agreement between the City of Boynton Beach and Quality Transport Services, Inc., said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~,TTEST: City Clerk (Corporate Seal) . . day of March, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner S:Reso~,gr~Quality Trasrmort 022600 SUMMER DAY CAMP TRANSPORTATION AGREEMENT THIS AGREEMENT made and entered into this 8th day of March 2000, by and between q)ualitv Transport Serv/ces, Inc., a Florida corporation, hereinafter referred to as "Transportation gent, whose business address is: 650 N.W. 27 Avenue, Ft. Lauderdale, Florida 33311 and the City of Boynton Beach, Florida, a municipal corporation, hereinafter referred to as "City", whose address is: 100 East Boynton Beach Boulevard, Boynton Beach, Florida, 33435. WHEREAS, the City is in need of services to provide bus service ~rans_porration for the summer day camp program to various sites throughout Palm Beach County from June 05-July 28, 2000 and WHEREAS, Transportation Agent has the knowledge, ability and equipment to provide bus service transportation for the summer day camp program, and WHEREAS, the City des/res to engage the services of Transportation Agem to provide bus service for the summer day camp program for the aforementioned purposes, NOW THEREFORE, and in consideration of the mutual covenants and pronuses set forth herein, the parties to this agreemem do hereby agree as follows: 1. The initial term of this agreement is June 05 - July 28, 2000. That Transportation Agent shall provide eqmpment and drivers for summer day camp transportation for the eight week schedule (attached) from June 05 - July 28, 2000 for the amount of $275.00 per school bus per day. 3. That Transportation Agent shall submit to the City a weekly invoice for service provided and upon review of this invoice by Sharon Golden, a check will be issued. That Transportation Agent shall ensure that all buses have passed a 2000 Florida Department of Transportation (DOT) inspeqtion, wi~ all of the work performed by a certified mechanic. 5. That Transportation Agent shall have documentation of all inspections available upon request by the City of Boymon Beach. 6. That Transportation Agent's buses shall have two-way radio communications with their base station operation. 7. That Transportation Agent's buses are to be school bus type, with a minimum 65 passenger seating. 8. That Transportation Agent's buses shall be clean and free from any potential safety hazards. I0. That Transportation Agent may leave bus equipment on City property overnight. The City waives any responsibility for any damages that may occur while the bus is left unattended and on City property. Transportation Agent hereby agrees that City shall not be responsible for any damages to its equipment while the equipment is left unattended and/or on City property. That, if the Transportation Agent intends to sub-charter, the sub-charter's certificate of insurance listing the City of Boynton Beach as additional insured shall accompany the written confirmation. I 1. That Transportation Agent shall be responsible for any and all materials, parts, labor, oil and fuel for the buses provided for the summer camp program with the City of Boynton Beach. 12. 13. That Transportation Agent shall provide on-call maintenance setwice in case of mechanical failure during times buses are operatin~ on a trip or preparing to leave for a nip. That Transportation Agent shall provide standby drivers and buses to be available and on site, as requested by the City, within two hours of notification that there is a mechanical problem with the bus. That Transportation Agent shall submit an outline of how they wilt respond in the event a bus breaks down during transportation by ~. The plan must include the provision that if a field trip is cancelled due m mechanical breakdown or vehicular accident, the City will not be charged for this time. If the Transportation Agent is unable to perform a service as scheduled and the City is forced to utilize another method or vendor for transportation, the Transportation Agent shall be responsible for paying any charges incn~ed. 15. That Transportation Agent's drivers shall' have vali~ State of Florida Commercial Driver's Licenses (CDL) as required by state law to ~/a~sport passengers by bus. 16. Transportation company shall be responsible for regularly updating all their drivers' licenses and driving records and maintaining a file, making it accessible to the City of Boynton Beach should any mishap occur during the City's scheduled or requested trips. 17. That Transportation Agent's drivers, prior to leaving the City site for a trip, are required to complete and sign a vehicle inspection report form indicating that the driver has determined that the vehicle is in safe operating condition. 18. That Transportation Agent's drivers shall have good communication skills, be familiar with trip locations and be responsible for appropriate attire. 19. That Transportation Agent's drivers shall be responsible for recording and reporting all pertinent information to the vendor with regard to payroll, forms, etc. Drivers shall not be represented in any manner as employees of the City of Boynton Beach 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. That Transportation Agent's drivers shall stay on the site of the field trip. At no t/me shall the bus leave the trip site, tmless the trip has been designated by the Camp Director, in writing to the driver, as a "shuttle service" trip. That Transportation Agent shall provide one bus on site (per attached schedule), Tuesdays through Fridays from June 05, 2000 through July 28, 2000. Bus will be scheduled for use from 8:30 a.m. until 4:30 p.m. No bus will be needed on July 4, 2000. That the City, through the Camp Director, shall notify Transportation Agent 48 hours in advance should unforeseen circumstances arise and it is necessary for the Camp Director to cancel a field trip. Transportation Agent will not charge the City for the bus for this day. That Transportation Agent shall ensure that buses are on time. If buses are late arriving to base campsites, the Transportation Agent acknowledges that City may deduc! from payment to Transportation Agent an hourly fee ($34.38) for each hour or part of any hour that the bus is late. That the City reserves the right to renew this agreement for one (1) year intervals, with Transportation Agent's approval, for future summer camp programs. In the event that any provision of this agreement is breached by Transportation Agent, the City of Boynton Beach may serve written notice upon Transportation Agent of its intention to terminate the agreement. The liability of the Transportation Agent for any and all such breaches shall not be affected by any such termination. That Transportation Agem shall maintain a drug-free workplace and that no alcohol or illegal drugs shall be consumed by Transportation Agent's drivers prior to or during transportation service. That Transportation Agem shall provide verification Of a one million dollar insurance liability policy which names the City, its participanJs, employees and volunteers as additional insured. An original certificate of this insu/ance coverage shall be provided to the City's Risk Management Department from the Transportation Agent's insurance carrier (Insurance advisory form attached). That the City shall not be responsible for any property damage or personal injury sustained by or caused by Transportation Agent, its drivem or representatives from any cause whatsoever, prior, during or subsequent to the period of time during which this agreement is in effect. Transportation Agent hereby waives, discharges, releases, indemnify for, and hold the City, its agents, employees and officers harmless from any liability, damages, costs, and attorneys fees arising out of this agreement. That Transportation Agent shall not sell, subcontract or transfer this agreement to any individual, group, agency, government, non-profit or profit corporation without the written consent of City, and at City's discretion. 30. 31. 32. 33. 34. 35. 36. That Transportation Agent shall indemnify, save and hold harmless the City, its agents, employees and officers from any claim, demand, suit, loss, cost of, expense or damage which may be asserted, claimed or recovered against or from City or City's agents, employees or officers, by reason of any damage to property or person, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, or arises out of the negligent or wrongful act(s) of Transportation Agent, its drivers and employees. That, in the event that litigation shall be necessary for the enforcement of this agreement on behalf of either party, then the prevailing party shah be entitled to reasonable atxomey fees and costs incurred in said litigation. Venue for said litigation shah be Palm Beach County. That Transportation Agent shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability in its hiring or contracting practices, or for any reason associated with this agreement. That this agreement alone sets forth all the covenants, promises, agreemems, conditions and understanding between the parties hereto. There are no covenants, promises, agreements, conditions or understandings, either oral or written between the parties other than those herein set forth. No agreement shall be binding upon the parties unless and until it is reduced to writing and signed by both Transportation Agent and the City. If any term or provision of this agreement shall, to any extem, be deemed invalid or unenforceable, the remainder of this agreement shall be valid and shall be enforced to the fullest extent of the law. That this agreement shall be interpreted under Florida law. That the City of Boynton Beach Department of LEisure Services unanimously has selected Oualitv Transport Services, Inc. to provide Summer Day Camp Transportation Services, and that Sharon Golden shall serve as the~ity's contact for the coordination and selection of day camp - transportation services, and that of Oualitv Transport Services, Inc. shall serve as Transportation Agent's contact. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year written above. ATTEST: By:. Mayor, City of Boynton Beach By: Approved as to form and legal sufficiency: Office of the City Attorney Company Name By: Signature Title 2000 SUMMER DAY CAMP TRANSPORTATION SCHEDULE WEEK 1 WEEK 2 WEEK 3 WEEK 4 WEEK 5 WEEK 6 WEEK 7 Day Date Monday June 05 Tuesday June 06 Wednesday June 07 Thursday June 08 Friday June 09 Monday June 12 Tuesday June 13 'Wednesday June 14 Thursday June 15 Friday June 16 Monday June 19 Tuesday June 20 Wednesday June 21 Thursday June 22 Friday June 23 Monday June 26 Tuesday June 27 Wednesday June 28 Thursday June 29 Friday June 30 Monday July 3 Tuesday July 4 Wednesday July 5 Thursday July 6 Friday July 7 Monday July 10 Tuesday July 11 Wednesday July 12 Thursday July 13 Friday July 14 Monday July 17 Tuesday July 18 Wednesday July 19 Thursday July 20 Friday July 21 Location Destination No Bus Request None Kinder Kamp (Civic Center) TBA Camp Whispering Pines (Boat Club Park) TBA Camp Galaxy (Galaxy Elementary. School) TBA Pioneer Play Camp (Poinciana Elementary School) TBA No Bus Request None Kinder Kamp (Civic Center) TBA Camp Whispering Pines (Boat Club Park) TBA C~,iii~ Galaxy (Galaxy Elementary School) TBA Pioneer Play Camp (Poinciana Elementary School) TBA No Bus Request None Kinder Kamp (Civic Center) TBA Camp Whispering Pines (Boat Club Park) TBA Camp Galaxy (Galaxy Elementary School) TBA Pioneer Play Camp (Poinciana Elementary School) TBA No Bus Request Kinder Kamp (Civic Center) Camp Whispering Pines (Boat Club Park) Camp Galaxy (Galaxy Elementary School) Pioneer PlayCamp (poinciana Elementary School) None TBA Rapids Waterslide Rapids Waterslide Rapids Waterslide No Bus Request None Kinder Kamp (Civic Center) TBA Camp Whispering Pines (Boat Club Park) TBA Camp Galaxy (Galaxy Elementary School) TBA Pioneer Play Camp (Poinciana Elementary School) TBA No Bus Request None Kinder Kamp (Civic Center) TBA Camp Whispering Pines (Boat Club Park) TBA Camp Galaxy (Galaxy Elementary School) TBA Pioneer Play Camp (poinciana Elementary School) TBA Kinder Kamp ( Civic Center TBA No Bus Request (Holiday) None Camp Whispering Pines (Boa~ Club Park) TBA Camp Galaxy (Galaxy Elementary School) TBA Pioneer Play Camp (Poinciana Elementary School) TBA ~VEEK 8 Monday July 24 Tuesday July 25 Wednesday July 26 Thursday July 27 Friday July 28 LOCATION ADDRESSES: No Bus Request None Kinder Kamp (Civic Center) TBA Camp Whispering Pines (Boat Club Park) TBA Camp Galaxy (Galaxy Elementary School) TBA Pioneer Play Camp (Poinciana Elementary School) TBA Pioneer Play Camp ~- Poinciana Elcnuentary School 1400 N.W. Is~ Street Boynton Beach, FL 33435 369-7094 Camp Whispering Pines - Boat Club Park U.S. 1 and N.E. 20~ Avenue Boynton Beach, FL 33435 736-9372 Kinder Kamp - Civic Center 128 E. Ocean Avenue Boynton Beach, FL 33435 375-6240 Camp Galaxy -Galaxy Elementary School 461 W. Boynton Beach Blvd. Boynton Beach, FL 33435 369-7090 7 P~.qu~sted Ciw Commission IV-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM B.3 AGENDA ITEM REQUEST FORtvt Dat~ Final Form Must be Turned in m CRV Clerk's Office Noveraber 3. 1999 (5:00p.m.) November t7, 1999 (5:00 p.w.) December 8, I999 (5:00 l~m.) Dec~mber 22, 1999 (5:00 p.m.) Requested City Commission Meiting [] January 18, 2000 [] ts, 2ooo [] March 7, 2000 Date Final Form Must be Turned in to City Clerk's Office Januav/5, 2000 (5:00 p.nt) Ianua~ 19, 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m.) February 16, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Admini~lt, tlive [] Development Plans [] Consent Agenda [] New Business [] PubllcHcaring []_ Legal [] Bids [] Unfinished Business [] Announcement [] Present/t/on _R_E_.CO~M_lV~___NDATION: A motion t0 extend the ANNU~ .CONTRACT FOR LANDSCAPE MAINTENANCE, BID #046-2730-00/KR, to Tare Landscape, First Genesis Lawn Service and Luis Cintron's Lawn Service, until such time that a new bid can be awarded, not to exceed June 30, 2000. The estimated expenditure is $163.300.00. EXPLANATION: This bid expired January 19, 2000 and is in the process of being r~-bid. Tare Landscape, First Genesis Lawn Service and Luis cintr6n's Lawn serViie have provided Satisfactory service. They have agreed to extend the existing eantract unffi such time that a new bid can be awarded, not to exceed June 30, 2000, under the same Terms and Conditions (extension letter~ attached). The contra~t witch B.L.C. Lawnl & Maintenance will not be renewed since they have been unable to maintain proper insurance coverage and no longer meet the quality of work in the maintenance specifications. The work previously done by B.L.C. has been re-allocated to Tare Landscape, First Genesis Lawn Service and Luis Cintron's Lawn Service during this extension period. John Wildner, Parks Director, concurs with this recommendation (see attached Memo #00-21). PROGRAM IMPACT: The purpose of this hid is to provide the best quality landscape maintenance service available at the most ecouamical_priee for different areas within the City bruits of Boyntun Beach. FISCAL IMPACT: BUDGET ACCOUNT # 001-2730-572.46-95 Parks Maintenance EST. EXPENDITUR~ $163,300.00 ALTERNATIVES: The Annual Contract for Landscape Maintenance. i? ip the prnsess of being retbitl. Deputy Director of~inancial Services '' /f - CityMmlagei'sSfgn~tur~ Department Name City Atlomc~/Finance / Human Resources /lctr Attachments cc: John Wildner, Parks Director File ~,~ SABULLETII~ORMSXAGENDA ITEM REQUEST FORM.DOC LEISURE SERVICES DEPARTMENT MEMORANDUM NO. 00-21 TO: FROM: DATE RE: Bill M. Atkins~, D~puty Director Department of Finance Iohn Wildner, Parks Director/~ ~ F~ebruary 15, 2000 ~Temporary Exte~sibn of Landscape Maintenance Contracts As you are aware we'are in the process of rebidding Parks Division Landscape Maintenance contracts. We have been rewriting specifications in 'order tO upgrade the level of service. You will be receivingthem ~horfly. Request that procurement services Place a temporary extension on the Commission Agenda for First Genesis Lawn S.e~v. j~e, Luis Cintron's Lawri Service and TARE Landscape. Extensions will be until thei~w bid is awarded, not to exceed Sune30, 2000. The approve listed contractors have been proVidi~ satisfactory service according to existing specifications. We do not recommend extending the contract with B.L.C. (Best Lawn Care). We have had continuing problems with 'this company maintaining Proper insurance coverage and meeting maintenance speCifications. JWfoal xc: Dept. file TO: FROM: RE: Date LEISURE SERVICES ': PARKS MEMORANDUM #00-030 Wilfred Hawkins John Wildner, parks Director~ Draft Landscape Maintenance Specfficatmns' March 3, 2000 Attached is a draft of the landscape maintenance specifications being prepared for our contract maintenance bid; This was requested as additional back up for the March 7, 2000 City Commission Meeting. JW CC: Mayor and City Commissioners Dale Sugerman REQUEST FOR BID BID # 008-2730-99/SP Sealed bids will be received in the PURCHASING DEPARTMENT, City of Boynton Beach, I00 E, Boynton Beach Boulevard, or mail to P.O. Box 310, B0Ynton Beach, Florida 33~,25-03 l0 on or by: oooooooo 00. 2000. No Later Than O:00 P.M. ~Local Time). NOTE: All bids will be opened and computer tabulated on the next business day: ooo 00, 2000. There will be a pre-bid meeting on: ooo 00. 2000 at 10:00 A.M. (local timek The meeting will be to review the conditions and standards for the maintenance of the areas identified within this bid. ATTENDANCE IS REQUIRED. The meeting will be held in: Conference Room "C", City Hall-West Wing, I00 E. Boynton Beach Blvd., Boynton Beach, Florid~ Bids will be opened in the: PURCIIASING DEPARTMENT-CITY HALL 2ND FLOOR Unles~ otherwise designated All bids received_will be publicly opened and read aloud. Bids received after the assigned date and time will not bo considered. The Purchasing time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private comers in regards to mail being delivered by a specified time so that a bid can be considered. The City reserves the fight to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid and no award has been made. Any questions relative to any item(s) or portion of this bid should be directed to Carol Doppler, Buyer (561) 742-6322. The following language is made a pan of and is to be included in the specifications hereto attached: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name or vendor catalog number is mentioned it is for the purpose-of astablishine a ~rade or aualitv of atenat only. Since the C~ty does not wash to rote out other compettt~on and equal brands or makes, the phrase OR EOUAL is added. However, if a product other than that specified is proposed? itis the x, endor'~ resPonsibility to nan3.e such a product,within his bid and to prove to the City that said~p,i:oduct is eq~!a!t° that specific,ed and m submit brochures, sample~, and/or specifications, ~ detail On item(s) submitted. The ~City shall be thc S°le judge concerning the merits of the 10i3' submitted: ~' · Acceptance of arty bid is Xpress y condition~ upon the,icontracto~r (or ven~tor if appli,eabl~) and subcontractor(O accePting all:conditi0ns. 0t'the specifications including rasl~0nsibih~ for and complying h:t ~full with the dUties of an employer e~-Florida Right 3o ~(mowLaw, Florida Statute Section 442: .8 for his ~O this a~greement. ATTENTION ALL INTERESTED BIDDERS: Due to the expense in mailing, complete sets of specifications are available for pick-up or will be mailed to your office upon request. Contact: City of Boynton Beach Purchasing Department 10_0 E. Boynton Beach Boulevard Boynton Beach, FL 33435 (561) 742-6322- Carol Doppler Office Hours: MONDAY- FRIDAY, 8:00 A.M. TO 5:00 P.M. 2 SPECIFICATIONS FOR in the the CoNTrRACT AREA AND LOCATION FIRM PRICE The City requires a firm price for the Contract Term. CONTRACT TERM Term of contract shall be one (1) year from award of contract. The City reserves th~ fight to renew thc contract for an additional year pending a mutual agreem~ent between the City and the vendor(s), and a review of c°ntraet performance by vendor for the previous~year. 3 ORDER PLACEMENT ARer the award of contract to the successful bidder(s), the City reserves the right to utilize either of the following order placement methods: a. Purchase orders will be issued to the successful bidder(s) throughout the contract period on an as-needed, when-needed, where-needed basis. or: b. A blanket purchase order will be issued to successful bidder(s) for the City's anticipated annual dollar volume. Releases for partial delivery of services will be made against said blanket order. PERFORMANCE It is the intention c~f the City of Boynt0n Beach to purchase landscape maintenance Services as specified!' l~erein from a source of supply that will give prompt and converfient service. Any failure 0f the~C~cessfuI bidder(s) to comply with these eonditinns may be Canse for terminating any resalting ¢0ntract immediately upon notice by the City. PERFORMANCE~PROBATION PERIOD The successful vendor will immediately enter into a six month probationary period upon contrfict award. During this~time the vendor's performance will be closely serutlni~ed~by City staff. If the vendor's.performance fails tO consistently meet the standards specified~ within the bid, his contract ~ill he,promptly cancelled. If his performance is acceptable, then he will also be notified and the 60n~ctwill extend through the expimti0n date given in this bid. ~lie City has the fight to termi~ e Re e0ntr.a~t during the probationary period with or without ~ause, and this right shall be Solely at the discretion of the City. ALTERNATES For purposes of bid evaluation, bidders must indicate any variances to the specifications, terms and c0~iditions, _no matter how slight. If variations are not stated in the proposal, it shall be construed that the bid fully complies with the specifications, terms and conditions as stated. Bidder viarrants that the prices, terms and conditions quoted in the bid will be firm for the period of the contract. BACKGROUND I]x~FORMATION The City reserves the rights before awarding the contract m require a bidder to submit such evidence of his qualifications as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a bidder, including past performance (experience) with the City. Note: For this bid, vendor must attach to his bid an accurate, up-to-date listing of his current maintenance equipment, including brands and model numbers. The City also requires a listing of commercial including main contact person and your t'lrm's 1 will Paragraph: City reserves the right to inspect all maintenance equipment prior to contract award and/or a CNo~e finalists and/or l~een ~.f~und termination ~. bycwri~2~n .no, ce to the soccessfui~bidder, terminate th~ ~nmc~ ~f~the bidder has ~l.~[ailcd.:~ perform hi~. scuances ~n a inanner sat~s~acto~;:t0~.the: City as per fi/all ~: ~tated ~n tho notice. City Shall be the sole 5udge DEFAULT PROVISION In'case of default by the bidder or contractor, the City of Boynton Beach may procurethe articles the bidder or contractor responsible for any excess costs SECONDARY/OTHER VENDORS The City reserves the right irt the event the primary vendor/contractor cannot provide an item(s) or service(s) in a timely manner as requested, to'seek other sources without violating the intent of the contract. REJECTION OF IRREGULAR PROPOSALS ~- 5 Bids which contain any alteration, addition, condition, limitation, unauthorized alternates or show irregularities of any kind may be rejected by the City as non-responsive or irregular. The City reserves the right to waive any irregularities, technicalities or informahties in any bid and to reject any or all bids. TRANSFER PROHIBITED The successful bidder shall not assign, transfer, convey, sublet or otherwtse dispose of this contract, or of any or. all of his or its rights, title or interest herein, or his or its power to execute sugh contract to any pers0n,.company or corporation without prior written consent of the City. In the evener th.at, the successful bidder does not hold a commercial pesticide applicator's license, the successful bidder maycontract with a qualLfied firm!0 ~florin th~ ch~%applications. In this event; the successful bidder shall notify the City of this intent and PRICES FOR THE duration pesficid{ DEFAULT ON PRIOR CONTRACT~ is ~n arrears :to the ( the City. contract be awarded to any person or firm which : or which is a defaulter as surety or otherwise At'who has failed to perform faithfully any previous contract with CAPACITY Vendors must have the capability to perform contracted maintenance on a timely basis and with proper equipment and superdsion. Vendor must adhere to maintenance procedures and schedules as set forth .in the ~conditions and specifications. Failure to do so shall result in contract cancellation. BID OUOTATION SUBMFrTALS All bids must be ~ubmitted on the attached"Bid Forms". Vendors must bid on all areas. Exceptions are professional specialize maintenance services, such as irrigation, tree trimming, landscape installation shall have separate bid forms and area listings. CONTACT PEI~ON Vendors desiring further information relative to this bid should contact John Wildner. Parks Suverintendent. at (56D742-6226 or Norm Turner. Crew Suvervisor. at (SGD 742-6223. VENDOR SERVICE REPRESENTATIVE The awarded vendor must submit, at time of award and prior to issuance of a Purchase Order, the following: a.) name, b.)address, and c.)phone number of the person(s) to be : *contacted for the coordination of landscape maintenance ~. 2. An alternate to the Principal Contractor must be Erineipal Conn'acror when 1 weeks ;ontracted S ~ Faikum tO do so may result in loss of of fertilizer, mulch, insecticid~ and:herbicides. that week and/or defaul pm) for Rating of Principal Contractor's completed work may be recorded on Log Sheet following inspection. Ratings. will be reported as: 2.) Unacceptable: performed:maintenance fall to meet standarc~. No navment for that,area and /or alt areas. 3.) Default: non-performance of contract. Pr0cess termination of area or contract. The vendor's Federal Identification number must be noted on the bid in order for payment to be processed by the City. COMMUNICATION Open communication with City staff is requested. Cellular phone are requested of contractors. Cellular phones are requested to be on and in proper working condition ~n order To respond to questions of assigned tasks. GENERAL CONDITIONS FOR BIDDERS FAMTLIARITY WITH LAWS: The bidder is assumed to be familiar with all Federal, State and Local laws, ordinances, rules and regulations that in any manner affect the equipment. Ignorance on the part of the bidder will in no way relieve them from responsibility. The bidder Will submit EXEC~ TIONOF BID: Bid must contain a manual- signature of an authorized representative in the space provided on all affidavitS and proposal sheets. NO BID: If not submitting a bid, respond by returning one copy of the "STATEMENT OF NO BID" in the envelope provided (generally "yellow"), and explain the reason by indicating one of the reasons listed or in the space provided, Repel_ted failure to quote without 'sufficient justification shall be cause for remoya! of the suPplier s name from the mailing list. NOTE: To qualify as a respondent, bidder must:submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. BID OPENING: Shall be public, on the date as specified on the bid form. It is the bidder's responsibility to assure that the bid is delivered at the proper time and place prior to the bid opening. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Bids which for any reason are not so delivered, will not be considered. The City reserves the fight to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid and no award has been made. Offers by telegram or telephone are not acceptable. 9 RIGHT TO REJECT BID: Right is reserved to reject any or ail bids and m waive technical errom, or to accept any bids that are in part deemed as. the best responsible bidder which r~Presents the most advantageous bid to the City. In determining the "most advantageous bid". price, quantifiable factors, and other factors are considered. This would include specifications, delivery requirements, the initial purchase .price,, life. expectancy, cost of maintenance and operation, operating efficiency, training requirements, disposal value and other factors contributing to the overall acquisition., cost of an item..Consideration may be given, but not necessarily-limited _to conformity to tho specifications, including timely deliver, .product arranty, a b~dder s proposed sermce~ ability to supply and provide sermc~~ dehver7 to reqmred schedules and past performances in other :Contracts wiih the City or other government ~ntities. EVALUATION FACTORS: Tho City expressiyreserves the right to: A. Waive as an informality, minor deviatiom fi:om specifications at a low~.r, price than the best responsible bidder meeting all aspects Of the specifications and consider it, if it is determined that total Cost is lo~wer-and the o~erall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or ailbids; D. Reissue an Invitation to Bid; E. Extend the bid opening time and date; F. Procure anylitem by other meens; . G. Increase or decrease the quantity specified in the Invitation to Bid unless the bidder specifies otherwise; H. Consider and accept au alternafi~ bid a~pmvided herein when most advantageous to the City. STANDARDS: Factor~ to be considered ,'.in determining whether the standard of responsibility has been met include wltether a pmspectiv~ bidder has: A. Available tho appro.p,.ri.'ate financial, material,, eqmpment,' facility and personnel resources and expertise, or the ability, tO obta~ them, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record, of performances; C. A satisfactory record of integrity; D. Qualified legally To Contract wit/fin the State of Florida and the City of Boynton Beach; E. Supplied all'necessary information in connection with the inquiry concerning responsibility INTERPRETATIONS: must,reference, the date by which L be The:award-'hereunder~ is snbje~t to att Conflict"of interest ADDITIONAL OUANTITIES: The fight is reserved to acquire additional quantities of the bid products or services at the prices bid in this invitation, If additional quantities, are not ecceptable~ the bid sheets must be noted "BII) IS FOR SPECIFIEI) QUANTITY ONLY~'. SUBCQNTRACTING: If a bidder subcontracts any portion of a Contract for any reason, they must state the name and address of the subcontractor and the name` Of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids Wherein a subcontractor is named and to make the award to the bidder, Who, in the opinion of the City, will be in the bestinterest of and/or most advantageous to the City. The Ci~ also reserves ,thO r_ if the bid names a subcontractor who-'has previously 'failed i t award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award.. The City reserves alt rights in order to make a determination as to the foregoing. ADDENDA: From time to time, the Citymay issue an addendum to change the intent or to claxify the meaning of the Contract documents. Since alt addenda are available to bidders at the Office of the Purchasing Division, it is eaclX bidder's responsx'oility to check with the issuing office and immediately secure all addenda before submitting bids, It is the usual practice for the City to mall an addendum to known bidders, but it cannot be guaranteed that all bidders will receive ALL addendum(s) in this mannexx Each bidder shall acknowledge receipt of ALL addenda by notation on the bid. I1 ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected. EXCEPTIONS: Incorporation in a bid of exceptions to any portio,n(,s), of the Contract docUments maY' invalidate the bid. Eiceptions to the Technical and Special ProvisiOns shall be clearly and specifically noted in the bidder's bid on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's be construed as ALTERNATES: Where a base bid is Owner the unqualified fight to a final a bid on.the base bid a bid On alternate items. The Owner The found in defaul defaulted Contractor. being removed f NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance laboratories. Ttie data derived from thereto to and items not idder being charged against the ' also result in the supplier~s name list. DISPUTES: In case of any doubi 6r difference of opinion as to tho iten~ to be furnished hereunder, the decision of the City Manage~ shall be final and binding on beih partieS: ANTITRUST CAUSE OF ACTION:! In ~ubmitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is ac,eepted, the bidder will convey, sell, assign or transfer to the C~ty of Boynton Beach all nght$ tatle~ and ~nterest m and to all causes of acuon xt may now or herea.~er acquire under the ant/~ la~s of the United States and State of Florida for pr/ce fixing relating to the particular cora~. ~oa~t~s or services purchased or acquired by,the City of Boynton Beach. At the City of ltoyntdn B~ach's discretion, such assignment shall be made and become effective at the time the purchas~nglagency tenders final payment to, the b~dder. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance ( the ~pecific and "A a conviction ttO a to a or for of as apart to action covered the city., .:' Any Purchase Order issued pursuant to this bid invitation and the moneys due hereunder are not assignable~, except, with' the prior written approval of this 1 bidders Shali hold the City, it s officials and employees harmless and covenant not to sue the 13 City, it's officials and employees in reference to their decisions to reject, cancel, dispute, award, or not award a bid, as applicable INDEMNIFICATION The contractor shall indemnify, saye harmless, and defend the City of Boynton Beach, it's officers, agents and_employees from and against anY claims, demands or causes of action of whatsoever kind or x omission~ negligent aot, conduct, or misconduct of s or the performance of services, pm'suant to this ,bi{ including without limitation, awarding the-e0nmmt a PURCHASING AGREEMENTS WITH OTHER QOVERNYVIENT AGENCIES: This bid may be expanded to include other governmental agencies. In some cases, Cooperative Purchasing t of .tOre- AWARD OF CONTRACT: Contract or Pumhaso The low monetary bid will NOT in all cases be awarded the } the best other and to waive ,,any bid the AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the Specifications herein. Items/services delivered not as Specified, will be returned at no expense orpenalty to the City of Boynton Beach. .. PRICES. TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink and ~nclude all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Diacount time will be computed iYom the date of satisfactory completion at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Upon completion, the City shall make final inspection. If this inspection shows that the service has been performed in a satisfactory manner in accordance with the specifications, the City shall receive [he same. Final payment due the bidder shall be withheld until visual inspection is made by the Leisure Services/Parks D~vision and merits of performance evaluated.-This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. Ifany service has to be.rejected for any reason, the bidder shall be required to perform required tasks to specified areas for acceptance. A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. B. MISTAKES: will bid do so C. DISCOUNrrS: Willbe considered.in det,m, inlng thelowest netcost. LICENSE.AND pERMITS~ tt shall be the responsibility of the successfdl bidder to obtain all service .at no 'additional 'Cost to the City. City be readily available for review bY the Purchasing Agent and City Inspectors. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equipment,:ete:, contained in this bid meets all O.S.H.A. requireinents. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect ondateof delivery, all costs necessary .to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Bidder Certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. OUESTIONS: _Any questionsxelative to any item(s) or portion of this bid or Invitation to Bid should be directed to: John Wildner. Parks Sunerintendent; Monday through Friday, 7:30 A.M. to,4:30 P.M.. ~56D 742-6226 or Norm Turner. Crew Snnervisor. (561) 742-6223. NEWAL: The Purchasing Agent may renew the contract, at the same terms, conditions, and cea, for one (1) year intervals subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. SPECIAL CONDITIONS FOR BIDDERS 1. It will be the responsibility of the successful bidder to supply necessary labor for placement of all equipmenf assg.e~ified. : : .~ ~ 3. The City by,written notice, may: SO 4. It shall 5. I71~¢ caused : edition. the A.M. Best's Key a ~ the all times guard fi'om damage or loss Of property of the City or Contractors and shall: rep)ace rep~ any:loSs orid~amag~ unless such be or Contractors. Thei City may witht/old payment or make or damage to LANDSCAPE MAINTENANCE FUNCTIONS AND TASKS I.O Turf Care - Maintain turf areas in a healthy, growing, green, trimmed Condition by performing the following operations: 1.1 Mowin~ - general A. Mowing shall be performed in a workman-like manner that ensures smooth surface appearance without scalping or leaving any 'h'nissed" uncut grass B. Reel mowers with milers or rotary mowers will be used on St. Augustine grass; reel mowers with rollers, rotary mowers, or flail mowers will be used on Bahia grass. proper cutting height and level for the WPe~ Mower blade height adjustment is to be measured: -~.el plane of the mower blade. D. All mower blades are to b~ sharp enough~to cut, rather than to tear grass blades. E. All litter and, debris i~ to .be ~emoved2from turfbefore mowi,.n.g to avoid shredding that may damage turf aPPearance, or [rems that may be prop/ql~d by mower blades F. Mowing will be done :ca~'efuHy so as not to "bark'~ trees or shrubs, .intrude into ground cover beds, da~nage sodded berms, damage sprinkler heads, valves, manifolds, back flow devises~ time 'el°~ks, curbs, or other facilities. G. Grass cliPPings ordebris ~,aused by.mowing or ming will be removed from adjacent walks, drives, gutters, and. cUrbslor surfaces on the~sarne day as mowed~or rammed. H. Mowing will not bedon~Wh/mweath~orconditions:will result in:damaged tuff. I. Berm$ must be mowed ~4[h-small trim mowers~ Riding mowers or weed eaters will not be pemm'tted on berms. _ 1.2 Mowin~ Soecifics (St. Aum~stine Grass] A. Grass is never to be mowed lower than.three (3)inches in height. B. Grass shallbe mowed as per schedule. C. Remove clippings from St. Augustine in "right-of-way" natural turf areas only if excessive clippings result from growth rates exceeding specified mowing frequencies. Special Note: MOWing frequencies can b~ deleted Or increased due ~to climate factors by Contractural Crew SuperviSor or City's designee. F~ilure to complete maintenance items assigned per schedule and specification may result in loss payment for area groupings, all areas and/or default of contract. !.3 Bahia Grass- ~ :- A. Grass is never to exceed 6 inches in height. Never mow lower than 4 inches. B. Same as above (as noted for St. Augustine grass, Sec. 1.2, B) C. Sameas above {as n~d:forSt Augus 'ti!t~ e gras~.;,8ec.:L2, 2.0 l~fimmin~ and Edein~ ,. A. Grass shall be trimmed during, the t IO an immediate operation following, adjacent turf is surfaces in will be given assigned edger Di~ C. Turf areas i from the assigned not be tr/mmed with weed eater.-A small trim mower will be sidewalks, flush Or as an at shrub ,or~ mechanical ~en~ incurb areasL trees that are in lawn inches out of proper used to killing and around al~as 19 manner to limit drift to two (2) inches. Contractor ~s responsible for replacement of all damaged sod or plants at his cost. 3.0 Weed Control: "Landscape Maintenance Weed Control" Weeds are to be manually or mechanically removed from shrubs, [hedges, ground cover and flow~erbeds as per sct~edute. Weeds in turf ~are to be treated With herbicide. When using herbicides it is requested that the brand name and active ingredient in (Round Up) or equal be used to control weeds on pavers, pavement, curbs, sidewalks, and roadside. B..Weedsareto be removed from watkways, pav.ers.~ curbs, gutters, expansion joints, fence lines, cement noses and concrete medians. This includes sidewalk~ and/or paVement on both sides of roedways/medians. C. COntractor may use other herbicides with authorization from Contractual Crew sUi~ervisor or City designee. E. Notice: Failure to complete maintenance items assigned per scheduIe and specification tliaY m~il::in toss o£PaYment for grOuping of area~, a~l areas and/or default Of contract. 4.0 Pruning Shrub and, Hedge Care: Maintain shrubs in a healthy, growing cOrrect-color condition and. in the shape and area specified, or as specifically directed by Contractual Crew S~aPervisor or City designee. All pruning shall be in accordance With strict horticultural practices~ "Maintenance pruning" shall consist, of the removal of deed and/or broken branches, suckers et sprouts, branches that may hang over walkways, ~ow ti/rough fences, obscure r.oadway vision, etc. Pnming is performed to have shrubs appear orderly and neat at all nmes. Ornamental shrubs such as} fire bush, tb~allls, thunbergia and ilex schellings shall maintain there natural shape and not be box cut. Cofitractors shall use manual hand shears and prune just above node of leaf stem. All pruning Will be accomplished in accord~ce With standard practices including (1) use sharp cutters'(2) do not use hedge shears for p~ming (3) machetes Will not be permitted for any operation. B. Hedge Trimming: Hedges or topiary that is to be maintained in a geometric form may be sheared by manual or mechanical hedge shears to shape and size specified in Landscape Plans or at direction of City desiguee. Hedge trimmmg will be done once a month. Remove all cuttings and clippings from pruning and trimming operations on the same day as operation occurs. Nuisance weeds, trees and bushes/ such as Brazilian Pepper, will be removed from hedges, and not trimmed as part of the hedge. Notice: hedges shall trimmed at an 20 anele. Top of hedees shall be sliahtl¥ thinner in width than bottom. There .~hall be a I S de~ree anorox. Anele. Notice: Failure to complete maintenance items assigned per schedule and specification may result in loss of payment for grouping of areas, all areas and/or default of contract. : - C. D. ;P~:rrees: Lawn maintenance contr~mr shall have dead fi'onds removed as they occur . .aspan of scheduled maintenance~ . ~ ~ ~ :. - E. NoUce, p !m frond att .~.hed,~ranches .at he~gt!.t l~'eater than 12 ff sha!.l,~be ~tmnmed by ;. ;, ~llc~rls~,: insured.and ~c~ed~ l~rofesslmiai :t~. trtmmmg cogll~a~y¢~ee~attached b~d F. ,Shade, Trees: Lawn maintenance contractor shall prune branches anti'remove sucker growth ~o maintain clear visibility between grade ~ feet. All licensed, information G. Aecent Trees: such as Cattley Guava, Ligustrum and Oleander Standards shkll be pruned ~ thi~rdn~ to~maintaJn-.~ape 0ftree. as per area schedule. , . ~ 5.0 Litter and Debris Control A. Litter removal from tuff areas and plant beds and designated areas shall be completed prior toeaCh,m .owin' g operation in the same day. B. Litter to be removed inclnaas but not limited to: paper, glass, trash, undeskable materials or debris (unauthorized paper signs), palm fronds, tree limbs, deposited or blown onto the sites. C. Litter is ~o be removed entirely from the sites and disposed of in acconiance with City Ordinances. D. Notice:-Failure to complete maintenance items assigned per schedule and specification may result in loss of payment for grouping of areas, all areas and/or default of contract. Notice: Irri~ation malntenanc¢ bid snecifleatlon are located on ,attached sheet. Only licensed im?atinn contractors ~hall bid on irri~ation maintenance areas. 6.0 Irrigation: Notice for:lawn tandscave maintenance contractor bidder. 21 A. Irrigation systems will be checked upon each landscape/mowing service, to ensure no damage to heads or valves. Any irrigation devices damaged by contractor in the act of landscape/mowing maintenance will be deducted f~om payment .~f landscape service. .Cos.t o.f y~lacem.entlshall be charged to landseape.maintensnee contester and performed I)y irrigation mamtensnce contractor. All systems may be inspected weekly by City personnel and/or irrigation maintenance contractor. 7.0 Fertilization and Granular Pest Control Fe~lization Reouiroments: It shall be the Lawn Contractors obligation to perform regular inspections of the .palms, turf, ~tings, as part of there schedule maintenance reP0~t to the City any site detrimentat to the health and vitality of the plan~tings. Further, the Lawn port the development of &seaso or other problems along wgh recommended written and shall be given to the Contractual Crew Supervisor.no later thana day after each inspection. It is required ~at authorization be approved by C0ntractual;Crew SupemSsor prior to any work being pe~'forme& A. Turf Prom 0n St. Augustine and Bahia Tuffwill be by identification of target insect and treated on .an as needed basis upon City authorization. Some specific insects to be treated are cinch bugs and mole erickem. The successful bidder shall inspect tuff for evidence of insect damage and prepare cost estimates of pmpnsed corrective measures for City approval. Bo Shrub; Tree~ Groundcover Insect Control shall be for specific insects identified as prob!emific and treated as needed upon City authorization Some specific insects to be controlled: are aphids, scale and grasshoppers. C. Fire Ant Control will be done on au as needed basis with the use of Amdro, Award or other insecticide labeled for fire ant control. Do Disease Control in tuff and shrub areas will be by identification and diagnos~s and application,of appropriate fungicide or bactericide as needed upon authorization of the City. E. Bahia Ttu'fFertilizafionshall be applied in March. F. St. Aummtine Turf Fertilization shall be applied as per schedule with a 5-10-31 for Summer. Spring, Winter, F~ shall have 15~- 15 tuff fe~ilizer. G. Shade Tree Fertilization fertilizer shall be applied in March and September'with an 12-2- 14 complete fertilizer with microelements. H. Palm Tree Fertilization: 22 1. Apply 2 applications as per schedule of liquid Chelated Palm and Tropical Micro- Nutrients as specitied~ per label ,Liquid 'fertilizer shall be'soak in'~ per label sgecifications and shall not over spray on to any 2. with micro,nutrients. No All work involving the use of chemicals shall be in compliance with' all Federal, State and Certified and type at the beginning of tho Contract~ ~ sell chemiCal~ i' by Florida begin until written app,mval of use is obtained C. 'Chemicals shall only be applied by or under the supervision of those persons possessing a valid Florida Certified Pesticide Applicators license. Applications sh~l be in strict accordance with ali gOVerning regulations. ': ' '" ·" D. Kecords must be kept and retain~ as prescribed by law for the use of pesticides of all operations stating dates, times, methods of' apPlications, dhemicat 'formulations, E. Chemicals shall be applied 'when ak curtems are still and using methods preventing drifdng onto adjacent property and preventing any toxic exposure to persons whether or not they are m or near the project. ~ ~. 23 F. Any soil, sod or plants contaminated by misuse of chemicals on the sites will be removed and replaced at cost to the responsible contractor. 8.0 Mulch Melaleuca mulch shall be added to planting beds as per. schedule. Mulch shall be applied at three (3) inches thick. Beds will be cle~ofweeds when new mulch is applied. 9.0 Renlacements City shall replace any landscape, irrigation, or structures damaged by maintenance operations or due to neglect to perform these ,specffi~ations and charge cost m maintenance contractor. (Contractor will be notified pri0i- to replacement / repair by ContractUal superVisor or city designee). 10.0 Damages Damage to any landscape, Lrrigation, hardecapes, grading, sod, utilities etc. due to any cause shall be immediately reported by all Contractors. Contractor must contact Contractual Crew Supervisor or City Designee immediately.(561-742-6223) or (561-742-6225) 11.0 Reports The Contractor shall be provided with a checklist to be filled out and returned to the Parks and Recreation Department after each mowing operation. All maintenance operations and the dates they were performed shall be noted, and any repairs or damages shall be described. No payment will be made unless all repons are provided. 12.0 General A. No maintenance shall be performed on weekends or during holidays unless requested in writing and approved by the Recreation and Park Dep~,huent Director. B. Failure to_ respond to requests by City within 24 hours due to inadequate maintenance procedures, litter, limbs and other debris not removed will result in $50.00 a day deduction from the following payment application. C. Special attention will be given to specified areus prior to national holidays to ensure that the City is at its best during these timea. Contractor will check area two (2) days prior to holiday and verify that maintenance has been properly performed. 13.0 Additional Work A. Sod Renlacement: Contractor will supply sod replacement to the City on an "as needed" basis. Sod will be priced per/sq, ft. of removal, grade and installed 24 B. Plant and Tree Installation: Contractor will supPly labor for installation of shrubs and trees as needed. Labor will be priced at an hourly rate per man C. ~ Contractor will ~supply labor for additional fertilizing if needed. LabOr will be priced on an hourly basis per man~required. gallon of insecticide or 50 pounds of granular Parks '( 'standards: all 25 PEST CONTROL AND FERTILIZATION SPECIFICATIONS This section'of bid only annlies to a. fallv licensed and insured Pest control contractor for the annlication ofvesticides and fertilities to svecific area location.-. within the annual bid for landscave maiutenan~ Notice: vest control contractor must be an insured. ~tato of florida licensed pest. control operator, General Use of Chemicals: A~.. All work involving the use of chemicals shall be in compliance with all Federal, State and local laws and will be accomplished by or under the direction of a:Florida Certified*pesticide Applicatoffs license. Application shall be in strict accordance with all governing regulations. B. A hsting of proposed chemicals to include commercial name, apphcation rates and type of usage shall be submitted to the Contractual Crew Supervisor for approval at the beginning of the Contract. All proposed chemicals shall ,be apprOved by Florida Department of Agriculture. No work shall be~in until written apprOval of use is obtained from the City designee. C. Chemicals shall only be apphed by or under the supermsion of those persons possessing a valid Florida Certified Pesticide Applicators license. Apphcations shall be in strict accordance with all governing regulations. D. Records must be kept and retained as prescribed by law for the use of pesticides of all' operations stating dates, times, methods of applications, chemical formulations, applicators names and weather conditions. E. Chemicals shall be applied when air currents are still and using methods preventing drifting onto adjacent prOperty and preventing any toxic exposure to persons whether or not they are in or near the prOject. F. Any soil, sod or plants contaminated by misuse of chemicals on the sites will be removed and replaced at cost to the responsible contractor. Palm Tree Fertilization: INSERT REVISED SPECIFICATIONS. 1 PAGE 1. Apply one (1) application as per schedule of liquid Chelated Palm and Tropical Micro- Nutrients as specified per labeL Liquid fertilizer shall be soak in as per label specifications and shall not over spray on to any other structures, such as, pavement or buildings, due to staining. 2. Apply 4 applications per year at (quarterly interval) as per schedule of granular 12-2-14 or 13-3-13 with minor elements. with micro-nutrients. 3. The time of the applications will coincide with the lawn, trees, hedges applications. 26 4. The Contractual Crew Supervisor shall be notified to be present prior to, during and after application of fertilizers.. 5. one (1) supplemental applications of Mangane. se Sulfate and Sul-po-mag 0-0-21 shall be applie~t as per label specifiCati0ns and at~i~ection of City ~taff as:~eededifor,cOrrection of nutrient de~ciegcy. 6. c;n~actor shah~ apply tWo apPlicati;ns ~r~h, magen ,r50°~ .Prell fomh~a Per Schedule Palms shali~e femhzed.~t~:~e~ ~i~_ll!3t~:O/~:oo~:,~!,!.~!_~ithil~ t~:drip tine off,ends. No grimUlar fertilizer shall reStl o~i ~ Of Paim;trees; The granular rate of realiZer pe~: label. Royal Palms ~,- "i~ palms shall be treated with one application of pesticides:for;palm:weevils'in winter months~qa~;;lOt~ ~ Febm~ · ....... · . ~,<iR~palms shall, be, treatedi with Merit ;.or equal, t~ench; ~seaki~§ ro~t-~':per..label specifications · areas:for the contwl of insects. 27 IRRIGATION MAINTENANCE SPECIFICATIONS This section of bid annlies only to a fully licensed and insured irriaation contractor for the, routine ~m~,atton maintenance of snec~fi¢ area Iocal~ons amthin the annual b~d for landscape, maintenance. Scope of work: The sole purpose and intent of this section oft[tis invitation to bid is to establish a term contract fox irrigation system preventive maintenance and'service repair on a scheduled cycle basis for one year throughout the City of Boynton Beach as part of the Annual Bid for Landscape Maintenance. General: Contractor shall provide all supervision, labor, tools, equipment and trucks to complete all services. Contractor shall be solely responsible for pedestrian and x(ehieular safety and control within tho works!to and sha~l PrOvide tho n~cessary warning devices, barn'c.a~e,s and ground personUe~ needed to g~ve Safety, protection,and warning to porson~ and VehiCular traffic within the area. Blocking of public streets shall ,n~ be p~mitted unless prior arrangements have been made ~th the City and cOOrdinaled withithe Contractual SuperVisor. Traffic control is the. respon~ibili .ty of.the Contractor and shal~ be accomplished in conformance with State, County and City highway construction codes. The Contractor shall be responsible for contacting the appropriate utilities for location of any buried or serial utilities in the work area which could be damaged by Contractor's operation. Scone of work: The sole purpose and intent of this section, of the Invitation for bidis to estat for irdgati~ system preventive maintenane~ and Service repair' 0na sehech~ one year. The Irrigation Contractor shall be totally responsible for irrigation maimena~ assigned areas and shall have open communication via celhlar phone with: C CreCy SuperVisor. IrrigatiOn c0hwafiior shall, provide a bid price for the folio' of the following shall be the contractors responsibility for this conWact. This limited to the following: lish ~ term contract ~d cycle basis for ce/repair of ity Contractual ring task items. All includes but not A. Contractor shall be on eatI for immediate repair and adju~iment of irrigation problems, Such as but not limited to: main breaks; stuck open valves, sprinklers ~liroctly over spraying into ~Oads and partial or whole system shut downs. Contractor shall respond w/thin 3 hours of notice on business' days~ B. Weekly visual check of irrigated areasfor immediate repair and adjustment of imgation probiems such as dry spots. C~ntractor shall be responsible for the cost tb replace sod and C. Monttfly Oaands on) .~ystemrarming wet check inapection ofthe follow/fig: 1.) Check and report on City water meters for proper function. a.) City is responsible for water meter maintenance, replacement and repairs, b.) Contractor,is only respo~iNe for r~orting proper connection ~nd leaks Of meter 2.) Inspect and adjust pumps for proper function, a.) meters and electrical: City ESP & listed above. [clocks 5.) Inspect, rain for all a, winng, 29 b.) Authorization by Contractual Supervisor is needed prior to any repair/replacement of control valves. Report on tog sheet all work in process and/or completed. e.) Contractor is responsible fo~ all cost'of control valves and related items including replacement, materials, wires to valves, components, repairs, installations, diaphragms, solenoids and labor for all existing valves. 7.) Inspect, adjust and repair all main, lateral, and zone lines( 2;5 inch diameter and below.) a.) Contractor is responsible for proper operations, troUbl~ shobting, hrepairs, Wiring, installation and reporting of problems for all main_ lateral and io~e lines. b.) Authorization by Contractual Supervisor ~s needed prior toany repair/replacement of existing main, lateral and zone lines. R~ort on log slicers all w~rk in process and/or completed. c.) Contractor is responsible for all costs of main, lateral, zone lines and related items including replacement parts, wiring ,.materials, comp0nents;,rep~ i~stallations and:labor cost for all existing main, lateral and zone lines.(2.5 inch diameter and below) 8.) Inspect, adjust and repair all existing m'igation heads (rotors, sprays, impulses, knockers and bubblers.) a.) Contractor is responsible for proper'operations, trouble shooting, ~repairs, wiring, installation and reporting of problems for all irrigation heads (rotors, sprays, impulses, knockers and bubblers.) b.) Report on log sheet all work in process and/or completed. c.)Contractor is responsible for all costs of irrigation heads and related items including, replacement parts, materials, components, repairs, installations and labor costs for all existing irrigation heads (rotors, sprays, impulses, knockers and bubblers.) 9.) Contractor shall comply with the Cities reporting, logging, rating, and invoice procedure. a.) Contractor shall follow schedule maintenance of areas. b.) Contractor shall pick up log sheets from vendor box at 222 NE 9* Ave. c.) Contractor shall fill out all areas of log sheet completely and legibly as each task is completed. d.) Contractor shall subimt completed log sheets of completed areas at the end of each scheduled day, so that Contractual Supervisor may inspect these areas to verify completion. e.) Coicu~ctor shall submit invoice for payment Friday before 4pm. f.) Contractor must comply with standards and specifications of this section and the whole Annual Bid For Landscape Maintenance. Irrigation area detailed listings are on page 00 section 00 the fo[lowing is only a brief summary of area to be bid on for imgation maintenance [3 Federal highway medians and chase areas 2.) North federal highway (right of way) 3.) Congress avenue medians 4.) BoyntonBeach blvd. Medians and chase areas 5.) Boynton Beach and 1-95 (4 comer fight of ways) 6.) GulfStream Blvd.medians ~.) Wo~o!b~ghtwad medi~ 9.) Hypbtu~f'f0ad medi~~ IQ:) Chapel hill blvd.mcdJan~ !1.) !2.) 13) * medians TREE TRIMMING & ARBORIST CARE SPECIFICATION This section of bid only applies to a fully licensed and insured. Tree trimming contractor for the trimming of treeS at specific area locations within the annual bid for Iandscape maintenance. Scope of work: The sole purpose and intent of this section of this invitation to bid is to establish a term contract for Tree Trimming and Pnming Service throughout the City of Boynton Beach as pan of the Annual Bid for Landscape Maintenance. General: Contractor shall provide all superwsio~ labor, tools, equipment and tracks to complete ali services. Contractor shall be solely responsible for pedestrian and vehicular safety and conrail within the worksite and shall provide the necessary warning devices, barricades and ground personnel needed to give safety, protection and warning to persons and vehicular traffic within the area. Blocking of public streets shall not be permitted unless prior arrangements have been made with the City and coordinated with the Contractual Supervisor. Traffic control is the responsibility of the Contractor and shall be accomplished in conformance with State, County and City highway construction codes. The Contractor shall be responsible for contacting the appropriate utilities for location of any buried or serial utilities in the work area which could be damaged by Contractor's operation. Clean up: Contractor shall leave the areas in a condition equal to that which existed prior to the commencement of tree la-imming operations. It shall be the responsibility of the Cbntraetor to remove and dispose of, in a proper and acceptable manner to City of Boynton Beach, all logs, brush, trlmmmgs and other debris resulting from ~e tree maintenance operation. The Contractors bid cost shall include all expenses incurred with regard to equipment including but limited to aerial equipment, trucks~ chipping equipmem, power and all hand tools as specified below: Crew/Personnel shall include but not limited to the following: A. One (1) Foreman (working) who shall be provide supervision of the work force and shall have the responsibility for all work performed by the Contractor. B. Two (2) Climbers/Trimmers who have skills necessary for working in trees from an aerial lifr./tower truck or if necessary by the use of ropes, saddles and other hand climbing equipment. 33 Personnel must be proficient in operating all other mechanical equipment pertinent to providing this service. The climber/trimmers shall also have the ability to alternate as grounds person including skills in ground operations such as loading trucks, cutting limbs on the ground, operating a chipper, etc. Equipment: Equipment shall include but not limited to the-following: A. Chipper and truck B. Aerial track C. All hand tools (i.e., saws, rakes, shovels, ropes, buckets, etc.) Schedule of work: A. Contractor shall comply, with the City's reporting, logging, rating, and invoice procedure. B. Contractor shall follow schedule maintenance of areas. C. ConWactor shall pick up log sheets from vendor box at 222 NE 9~ Ave. D. 'Contractor shall fill out all areas of log sheet completely and legibly as each task is completed. E. Contractor shall submit completed log sheets of completed areas at the end of each scheduled days so that Contractual Supervisor may inspect these areas to verify completion. F. Contractor shall submit invoice for payment Friday before 4 p.m. H. Contractor must comply with standards and specifications of this section and the whole Annual Bid For Landscape Maintemmee. TREE TRIMMING RESULTS Palm trees shall be cut to the following specifications: u~nd~ 3 ,and 9 o'clock position. b.) Boots, debris shall be removed from around head of palm trees. Shade trees shall be cut to the follo~gispecifications: a.) Tree branched shall be li~ ~ed, raised 13 ft from grade. Nuisance trees shall be a.) Australian pine b.) Fla. Holly /Brazilian pepper c.) Ficus INSERT TREE TRIMMING/~O~ST CARE SPECIFICATION ( 3 PAGES) TREE TRIMMING SERVICE LOCATION Tree trimming service area detailed listings are on page 00 section 00 the following is only a brief summary of area to be bid on for tree trimming. Only trees over 12 ft high are to be bid on. 1.) Federal highway medians and chase areas 34 2.) North federal highway (right of way) 3.) Congress avenue medians 4.) Boynton beach blvd. Medians 6.) Wooibn'ghi ~a mexiias 7.)'Chapel l~l~':bivd~rn~edi~ 8.) Golfview harbor sw 25a place medians 9.) Golf~iew harbor Sw 27~ ave medians 10.) Ridgeway estate median Scope of work: The sole purpose and intent of this section offl~is invitation to bid is to establish 'an annual Citywide contract for median.and roadside lendscaping, Tiffs contract section includes furnishing, installing and maintahfing (fora guarantee period).trees, shrubs .and sod ~Oughout the City of Boynton Beach as part of the ~a~B~d for Landscape Maintenance. The;City of B0ynton Beach is not required to issue any task orders (work orders) under thiscontmct; General: Contractor shall provide all supervision, labor; tools,:equipment,and macks, to complete. all services. ' Contractor shall be solely responsible for pedestrian and vehicular safety and control w!thin the worksite and shall provide the nec~ warning deVices; barricades and ~m4 iaers~el needed to give safety, protection and wamingm persons and vehicular~traffic wi~n the area. Blocking of public streets the City and coordinatedwith t the Contractor and shall be accomplished in ~ construction codes. The Contractor s buried with ~ of NOTE FOR DRAFT OF CONTRA(~T ADDITION AREAS IN PROGRESS , NEAR COMPLETION AND ARE BEGINNING FROM BID I ~. TO 1. BOYNTON BEACH BLVD :-OLD BOYNTON TO CONGRESS AVE 2. NW 17m AVE 3. 7. 1-95 OVERPASS WOOLBRIGHT 8. 1-95 .OVERPASS GATEWAY 10. NwSm COURT 11.1 i2. 13, 16. 17. BEACH BLVD TO GOLF RD. FEDERAL 2ONGRESS AVE(INFO) ~, INSTALLATIONS AND:IMPROVEMENTS TREATMENT PLANT LANDSCAPE INSTALLATIONS (s) 20. INSERT EXTENDED MEDIAN BOUNDRY WEST OF CONGRESS 14.0 Location& Descriotion of Areas to be Maintained AREA #1 U~s. 1 (FEDERAL mGHWAY). ALL MEDIANS AND CHASE AREAS ON FEDEI~,L HIGHWAY BETWEEN SMITI~ CIRCLE AN_I~ GULFSTREAM BOULEVARI~ (47 MEDIANS-SUBDIVIDED INTO $ GROUPS-A,B,C,D, AND E). Median and chase (side section) areas include sod, landscape, paver blocks, curbs, intersections, paved medians, gaps, breaks, and approximately one foot fi.om curb onto roadside - maintain flee of weeds. Areas are heavily landscaped with trees, bushes, shrubs, em. Trees, palms and ground cover must be trimmed per specifications and maintained clear of roadsides, walkways or any visual pedestrian or vehicular hazards. Dead and/or dying palm fronds are to be cut and removed as necessary each visit. Mowed and trimmed clippings are to be removed from curbside and walkway. Grass is primarily St;- Augustine. Note: Includes entrance circle to Bovnton Isles.: Weeds are to be removed from walkways, pavers, curbs, gutters, expansion joints, fence lines, cement noses and concrete medians. This includes sidewalks and/or pavement on both sides of roadways/medians. AREA #Z ~, NORTH CANAL (C-~S). GraSs G). shrubs, visit. i pavement oa sides o TO St. are to be fence 37 AREA ii $ BOYNTON BEACH BLVD. AND 1-95 RIGHT OF WAY. Areas are landscaped with ~rees, palms, shrubs, ground cover (grass is primarily St. Augustine and/or Bahia), etc., and must be trimmed per specifications -- maintained clear of any Visual vehicular hazards. Right. of way areas include sod and landscape. All such areas must be maintained free of weeds and unwanted growth. Dead and/or dying palm fronds areto be cut and removed as neceasar~ij each visit. Mowed and trimmed clippings, are ~ be removed from curbside, weeds are to be removed from Walkways, pavers,.curbs, gutters, expansion joints, fence lines, cement noses and concrete medians. This includes sidewalks and/or pavement on both sides of roadways/medians. SIDE specifications and remove.d~ each visit. AREA ~8 Road). ., on the west (West BLVD. (SE 36ra intffl'sectiorls, Mowed and,~ clippings areto be are to be cut ~nd:tcrnov~[ as necessary (grass.is primarily St. Augustine r visual blocks, foot from curb onto ~ free of weeds and,unwanted~gr, owth. Dead [ removed as nccessary each y~sit. Mowe~, ~ and ,trimmed Notice.' Area includes walkwavs., navers AREA #9 GATEWAYBLVD. MEDIANS. MEDIANS EAST OF 1-95 OVERPASS TO FIRST MEDIAN WEST OF I~95 OVERPASS. not All and and free of 3~ of AREA #13 GOLFVIEW HARBOR SW 25vs PLACE MEDIANS. EAST OF SOUTH CONGRESS AVENUE TO SW 25m PLACE. Several median areas are landscaped with trees, palms, shrubs, gro. tmd cover (grass is primarilY St. Augustine), etc., and mus~ be trimmed per specifications ~- mgintalned clear of any Visual v~hicula~ h~ards. Me. an:areas ~inctude sod~ landseane intersections pproximately one foot from curb onto roadmde. All such areas must be maintained free of w¢~ds ,and .unwanted growth. Dead and/or dying palm fronds are to be cut and removed as ne~e~a/y e/iCh vislt M~wed and trimmed cliPl~in~s ~re to be removed. EAS? m* SOUTH primagi~ St~. Dea~ be necessary each visit. Mowed and ~immed cliPPings are to be removed. is of any breaks, and maintained free of WAY. EAST OF One {1) ,right of way is involved, located at southeast comer band of NE 15~ Place. Area AREA #16 EAST OF SOUTI~ FEDERAL ttlGH'WAY. MEDIAN. HEAD EAST TOt MEDIAN AT fEND OF CUL-DE- One ~30 x 60 feet, atlend oL Has f standards i . of;fallen palm fronds and trim of ¢ by removal of all debris from site, are to. be maintained. AREA,#1 from site. reared palms, followed RIVIERADRIVE:MEDIANS. EAST OF SOUTH FEDERAL HIGHWAY. ~ 30 x 50 feet. at end of'cul-de-sac is involved. included in pickup t Of other palms, removal of all debris 4O AREA #18 COQUINA COVE MEDIANS. JUST OFF NORTH FEDERAL HIGHWAY ON NORTH OCEAN INLET DRIVE. Consider it one (1) median with bre.~ak, !2 X 100 feet. Several.trees and .irC~b~erry shrub. Grass 'conSider:St: Augus 'tin~.~ ~t~,ce':~t~lards r~ii~$:~[emS¥'al Of all ~b~is fr6~ sire ~,~ o~all 'WAY. TAKE ~IILE. of the school. general area AREA//25 KIWANIS SIERRA PARK. APPROX, ONE BLOCK WEST OF NORTH FEDERAL ON THE SE CORNER OF GATEWAY BLVD. AND NE 4~ STREET Singular park area tandscaped with trees, palms~ shrubs, ground cover (grass is primarily St. Augustine), etc., and must be ~d per specifications ._ r~dntained clea~ of any visual vehicular hazards. Areas include sod, landscape, 'gaps, breaks, and anvmximatelv one from curb onto roadside. All Such areas must be maintained free of Weeds ~el unwante~d Dead and/or dying palm fronds are to be cut and removed as necessary each visit. Mowed and trimmed clippings are to be removed. FOR GATE OR FENCED AREA. both: mowing a hedge of Silver Buttonwood and the maintains i~terior areast area is hedge. Requirements include him and etc. · AT Sl~ weeds: AREA//28 one and C~JD CARE CENTER. 909 NE 3~ STREET. any visual cut and removed as necessary! each vasxt. ) of trasl~ weeding and raking Bahia~ &~ TREATMENT PLANT. 124 SE lSra STREET OF RAILROAD TRACKS. ground cover (grass 18 primarily per specifications -- maintained clear of any landscape, parking lot, gaps, breaks, and must be maintained free of fronds are to be ~ut and removed as ute to bo remOVed. Notb: Includes mowing throughout compleX: Fences 42 AREA#30 WEST WATER TREATMENT PLANT. LocATED WEST OF MILITARYTRAIL ON BOYNTON BEACH BLVD. and of and of ~any and ; of as 43 AREA#34 FIRE STATION THREE. 3501 NORTH CONGRESS AVENUE. INCLUDES GUN RANGE~ ADJACENT. S~veral areas are landscaped with trees, palms, shrubs, ground cover (grass is primarily Bahia & St. Augustine), etc., and must be trimmed per specifications -- maintained clear of any visual vehicular hazards. Areas include sod, landscape, parking lot, gaps, breaks, and approximately one foot from curb onto roadside. All such areas must be- maintained free of weeds and unwanted growth/Dead and/or dying palm fronds are to be cut. and removed as visit: MOwed Includes rough ~approximatelb ~rass and/or weeds. Police Firing Range includes vex3t steep slopes. · NORTH FEDERAL HIGHWAY St. visual All such areas must · fronds are tO b~ cut and tximmed clippings are to be removed from curbside. Note: Paved median located east of clubhouse. ARY SCHOOL COs~M~LEX- ONE BLOCK ~w AND NE 1s AVENUE TO OCEAN o ~nx~T, ~ ~G ADJACENT P Bahia with trees palms, shrubs, ground cover (grass is primarily includo sod, landscape, parking lot, gaps, breaks, and from curb onto roadSi~de] All such areas must lie maintained free of ~iunwantec~ growth. Dead and/or dying palm fronds are to be cut and removed as V~dlCH IS El. CLAIR RANCH ROAD. 'l'tt TO NURSERY LANE (OFF TO SIDE). shrubs,,ground cover (grass is~primarily Bahia & St. -- maintained clear of any visual , breaks, and approximately one foot from free of weeds and unwanted growth. Dead and/or dying p~ e ~to be cut and removed as necessary each visit. Mowed and trimmed clippings'are to be removed. AREA#38 LIFT STATION #303 BRISTOL SPRINGS. SOUTHEAST OF THE INTERSECTION OF N. SEACREST & HYPOLUXO ROAD. 100 FEET BEHIND AMOCO GAS STATION. and is ROAD. OF ;St. S. OF ~O be removed. OF ON EAST St. are to be removed. ~mmed 45 AREA g43 LIFT STATION #356 BOYNTON BEACH BLVD. MASTER. END OF E. BOYNTON BEACH BLVD., EAST SIDE OF FEDERAL HWY., ACCESS ROAD CONTINUES TO STATION. gith trees, shrubs, ground ~cover (grass is primarily Bahia & St. rimmed per specifications -. maintained clear of any visual include sod, shrubs, trees, gaps, breaks, and approximately one foot t be maintained free, of weeds and unwanted growth. Mowed are to be removed, BETWEEN SW shrubs, ground cover (grass is primarily Bahia & St. clear of any visual are to clippings are to be removed. removed as SIDE. OF WEST shrubs,~ground cover (grass ia p~arily Bahia) and CUt Police/SWAT o be Mowed and trimmed clippings are30 beremoved. Note: Road, heading west. It stops at entrance of Delray Area ia clippings are to be removed. iw C0 . ~ro.und cover (grass is ~rimarily Bahia & St. per specifications --maintained']clear of any visual , gap~, breaks, and approximately o~: foot from ~ Of Weeds al3d un}Vanted growth. Dead and/or cUt and removed as necessary each. visit. Mowed and trimmed AREA g47 LIFT STATION #607 LEISUREVILEE NO; SIX. NORTH SIDE OF SW 19m AVENUE, 50 FEET EAST OF INTERSECTION OFROMA WAY. ~& St. emoved. ~ ' & St. : St. .FENCE~ MARY SCRUB). and 47 AREA#53 OUTSIDE AND INSIDE PERIMETER OF SARA SIMS AREA & HERITAGE AREA. All trash bagged and removed; all paved walkways and curbs, roadsides, clear of glass and debris as well as free of weeds. Clean all pavedcourta of gtass and debris. (Mon-Wed-l~r~). BIDDER ACKNOWLEDGEMENT -Submit Bids P.O, Box 310 Boynton Beach, Florida 33425-0310 TelePhone (56 i) 742-6322 Mailing Date (City): October 15. [998 Bid TitIe: "ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE" Bid Number: # 008--2730-99/SP Bid Received By: NOVEMBER 23, 1998, NO LATER THAN 5:00 P.M. (local time) Bids will be opened in the Purchasing DePartmenl unless specified otherwise. Bid receivang date and time is scheduled for: NOVEMBER 23, 1998, NO LATER THAN 5:00 P.M. (local time) and may not be withdrawn within ninety (90) days al~er such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Federal I.D. Number: A Corporation of the State of: Area Code: Mailing Address: City/State/Zip: - Vendor Mailing Date: TelePhone Number:. Authorized Signature Name Typed THIS PAGE TO BE SUBMITTED ALONG WI. TI-i PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 49 BID FORM COMPLETION OF WORK (Applicable for Services): After the award is made, and all necessary-information and pemaits (where applicable) have been secured, the contractor wilt begin work as agreed upon. PAYMENT TERMS: Invoices are to be submitted the first of each month to the Leisure Services/Parks Division for approval prior to the payments being processed by the City. NOTE: If Purchase Order and remittance is mailed to other than address shown, please indicate: PURCHASE ORDER TO: RBMITTANCB TO: TO BE INCLUDED IN YOUR SUBMITTED BID PROPOSAI~: 1. Accurate, up-to-date listing of your current maintenance eqmpment, including brands and model numbers. Listing of commercial accounts, including mare comact person and telephone numbers. Firm's most recent Corporate Financial statement. A copy of bidder's or subcontractor's commercial pesticide license. THIS PAGE TO BE SUBMI'I'I'ED IN ORDER FOR BHI PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 50 NOTICE TO BIDDERS: Bidders MUST return this page with the bid proposal acknowledging the above conditions. Any , are to be stated by the bidder and ATTACHE TO ~ CO mA NA m ( SIGNATURE ?~Bl~ N~AM TITLE TO THE CITY OF BOYNTON BEACH: We (1), the above signed, hereby agree to furnish the following articles md/or services atth¢ prices and terms stated subject to all instructions, conditions, specifications, and all attachments hereto. We (r) have read all attachments including the specifications and fully understand what is required. Signed Printed THIS PAGE TO BE SUBMI'[TED IN ORDER FOR Bll) PACKAGE TO BE CONSIDERE~ COMPLETE AND ACCEPTABI.~ 51 Company Name: COMMERCIAL REFERENCES Address: Zip Code: Contact Person: Phone Number: Company Name: Address: Contact Person: Zip Code: Phone Number:. ( ) Company Name: Address: Contact Person: Phone Number: ( ) Zip Code: Company Name: Address: Contact Person: Zip Code: Phone Number:. ( ) SIGNED: THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 52 INSERT SCHEDULE OF PRICES FROM EXCEL NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of ) Coumy of ) , being first duly sworn, deposes and says that: L He is of (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2: He is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting sucl~ proposal; 3. Said bid is genuine and is not a collusive or sham bid; eFinur~lfr, the said,.bidd, er. nor any. of it.s' of~,~ers, partn.ers, .owners, agents, representatives, p~.oye,es or pames .mm. tems~., ~ncluding this affiant, has ~n any way colluded, conspired, conmvea or a~eed, d/rectly or ~ndimctly with any other proposer, firm or person to submit a collusive or sham proposal in connection with the Contract for which the attached bid has been submitted or to refi~in from bidding in connection with such Conu2ct, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference ~vith any other bidder, firm or person to fix the price or orices in the attached bid or of any other bidder, or to fix any overhead, profit or cost elernen~ of the proposal price or the proposal price of any other bidder, or to secure through any collusion, conspiracy, conmvance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and 5. The pnce or prices quoted in th$ attached bid are fair and proper and are not tainted by any collusion; consptracy, covmivance or urflawfiJl agreement on the part of the bidder or any of its agents; representatives, owners, employees, or parties in interest, including this affiant. Subscribed and sworn to before me This __. day of ,19 (Signed) (Title) My comrmssion expires THIS PAGE TO BE SUB1V[]i'I'I'ED ALONG WI'I'll PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPI~,ABLE 42 ~NTI-KICKBACK AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH ) : SS ) sworn, d~pose and say that no portion of the sum herein bid will reward of .~ ~NAME ~ SIGNATLrRE Sworn and subscribed before me this: day of , I9 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBi~IITr~D ALONG V~TH PROPOSAL 1~ ORDER FOR BID PACKAGE TO BE CONSIDERED (~OMPLETE AND ACCEPTABLE 43 - - CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and hindicate,.in the appropriate spaces provided which category best describes your company Return s form with y~r l~id ~pmposal sheet making it an officia~l part of your bidresponse. BLACK H~S?ANIC WOM~N OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMi'i-r ~:D ALONG WITH PROPOSAL 44 CONFIRMATION OF DRUG:FREE WORKPLACE _ - ~ the City of the procurement of commodities or a business that certifies that it has implemented a drug- i) Publish a statement ,notifying:- employees, that the .~.u~.!aw~ manuf~acture, dis~bution, ~g, PosSeSsion, or Usc~ a ~O~tmt!Od Sub.s~q~ ~l~it~e~'fff the workp!ac~ and ~i~g~e actiuns that will:~k~ ag~ :employee%~o~ '~o~Oh,s. of suck prohibiIion. 2) policy of and 3) the commodities or conu'acmal services that are 4) In :the statement specified in Subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea o~'g~l~ or nolo. contendere .t°': any violation of chapter 893~ or Of. any controlled, subst~ncethan law of;the U/tired States or any state, for a wola~on occurring m the workplace no later 5 days ai%r such conviction. 5) hnpose a sanction on, or require the satisf~to.ry participati,on in a drug. abuse assistan~ce or rehabilitation program if such is available m the employee s commumty Oy,. any employee who is so convicted. 6) Make a good faith effort to continue to m.lntain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature THIS PAGE TO BE sUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 45 STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this form to: THE PURCHASING DEPARTMENT, City of Boynton Beach, 100 Er Boymon Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bid on your Bid ~'008..2730-99/SP for ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not p=~mit u~ to perform Unable to meet specifications U~ble to meet bond requirements Specifications unclear (explain below) Other (specify below) IF YOU ARE NOT SUBMITTING A BID, PLEASE COMPLETE FORM AND !I~TURN TO PURCHASING DEPARTMENT Requested City Cormm/ssion Meeting Dates [] November 16. 1999 [] December ?. 1999 [] December 21, 1999 [] January 4, 2000 IV-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM B.4 AGENDA ITEM REQUEST FOIL,. Date Final Form Must be Turned in to City Clerk's Office November 3. 1999 (5:00 p.m.) November 17, 1999 (5:00p.m.) December 8.1999 (5:00 9.m.) December 22, 1999 (5:00 p.m.) Requested Cit) Conmaission Meeting Dates [] January 18. 2000 [] Febraaw 1. 2000 [] February 15, 2000 [] March 7, 2000 Date Final Form Must be Turned into City Clerk's Office January 5, 2000 (5:00 p.m lanuary 19, 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m.) Febraary 16, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Aclminislxative [] Development Plans [] Consent Agenda [] New Business [] Public l-Iear~g [] Legal [] Bids [] Unrra/shed Business [] Announcement [] Presentation RECOMMENDATION: MOTION to approve the MOTOROLA SERVICE AGREEMENT FOR TIlE MAINTENANCE OF TI-~ RADIO SYSTEM for a twelve (12) month period in the amount of $ 73,176.60. EXPLANATION: Procurement Services has reviewed the request from COMMUNICATIONS DIVISON to have MOTOROLA provide a SERVICE AGREEMENT for the maintenance of the radio system. This agreement will cover both preventive maintenace and repairs for calendar year 2000. The radio system consist of Motorola equipment and software. The current agreement has been in place since 1992 with no price increases, but a change in the agreement will allow for a 5% increase which is reflected in the mount of $ 73,176.6Q Procurement Services requests Commission's review, evaluation and approval. PROGRAM IMPACT: Due to the critical nantre of the radio system for public safety an4 public service the continual timely maintenance and repairs is necessary. FISCAL IMPACT: Funding for the repairs and maintenance of the~radio system will come from: BUDGET ACCOUNT ALLOCATION 001-1810-519-46-24 Radio Repaks $ 73,176.60 ALTERNATIVES: Prepare a formal bid with specifications to ma/ntakn and repair the radio system. Deputy Director of Firmacial Services Procurement Services Department Name ·~/~ Ci~vlanhg~e['so~w_~/~z/z~Sig~ture City Attorney / Finance / Human Resources cc: Phyllis Dixon - Communication File S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC COMMUNICATIONS DIVISION MEMORANDUM From: Re: Date: Bill Atkins, Ass/stant Finance Director Hugh McCaffrey, Communications Manager Service Contract - Maintenance Agreement: Motorola February 4, 2000 The City has an existing Service Agreement with Motorola for maintenance of the radio system. The agreement covers the radio system to include the backboue and subscriber units. It provides 24 x 7, four hour response major problems, and next day service for minor problems, Both preventative maintenance and repairs a? cov_ered. Not covered are abuse, water damage, or acts of God (e.g., lightning). Charges are monthly, billed quarterly. The current agreement (through 12-31-99) has been in place with no price mcrease, since 1992, and has been automatically renewed annually. Motorola contracts the service to regional Motorola authorized service facilities but is ultimately responsible for compliance. The agreement is Ul~ for renewal with a 5% increase effective January 1, 2000 and is under review by the City Manager's office. The purchase requisition submitted earlier covers maintenance through June 2000. A new system was a~ticipated by then, however the implementation has been moved back. Purchase of a replacement system has been delayed. That system will be covered under factory warranty for a year, after which additional a new mamtenanee agreement will have to be negotiated. [ recommend that this agreement be approved as sole source. Motorola retains responsibility for equipment, much of which is proprietary. · Motorola retains responsibility for service levels of subcontractors. · Individual service shops vary greatly in quality and we have experienced diffianlties with "authorized" shops, ultimately forcing a change through Motorola. · Due to the critical nature of the radio system for public safety and publ/c service, any interruption of service is unacceptable. As indicated in an earlier e-mail, there is an outstanding invoice (#S0013739) for service from October 1 to December 31, 1999 in the amount of $17,331.41. This inydice is due and payable and should be charged to the Commtmicalions Division. Thank you. cc: Wilfred Hawkins, Interim City Manager G:\WORD~RAD IOEMAINTENANCE AGREEMENT 2000 MoTo,.A .oo.24,.2346 Communications and Electronics, Inc. 1307 E Algonquin Road Schaumburg, Illinois 60196 CUSTOMER NAME: ATTN: Hu~lh McCaffre¥ BILLING ADDRESS: Oate: City of Boynton Beach SERVICE AG,.,=EMENT 12/20/99 100 E. Boynton Beach Blvd. CITY: Boynton Beach STATE FL ZIP: 33425 CONTRACT START DATE: AUTO RENEWAL: EXPIRATION DATE: SIC CODE CUSTOMER/AGREEMENT ORDER #: 0000555014390 CUSTOMER #: BILL TO TAG #: 1000303074 EQUIP AT TAG #: DIVISION: SD CUSTOMER CONTACT: Hugh McCaffre¥ CUSTOMER PHONE #: c061-742.6o3t (Southern Division) (CIRCLE ONE) [ ] COVERAGE PLL [1 D,A. PAGE_l_ OF _2_ 1-Jan-00 [-'~YES r~"~NO 12/31/00 1 B11626 CEE Trunk x 1 E6.9(: 186.90 I D389 Site Controller x 50.4C 50.40 I T507SA Smartaet x 101.85 101.85 3 APCOR Fire x t 6.8(~ 50.40 0~00 3 B1604 CentraCom x 47.25 141.75 I B1603 CentraCom x ~ .55.65 55.65 4 [;ovenaeam x ' /.~ ~1:~. 5 CSSRCB Repeater x 78.75 393.7,' I C73KSB MSR20OO x 28.65 28.~ I C73KSB MSR2000 x 28.65 28.6=, 10 D35KI(A Mostar x 10.00 100.0( 3 D35KKA Control x ~ - ' 21.00 63.0( 8 D35TDA Control x 21.0( 168.0( 2 F6214 Intrac Radio Tele x 19.70 39.4~ 6 HT440 x 7,35 44.1{: ' 2 ~TgO x 7.35 f4~7(~ 6 FI3,~'WNA STX x 8.40 50.4~ 38 ~t35WNA S-TX x 8.40 319,20 2 .35VLB Ba~e Station x 21.00 42.00 TOTAL PER i MONTH $1,910.40 PAYMENT CYCLE: TAX EXEMPT: TAXES IANNUALLY L~ YES. ATTACH EXEMPT TOTAL 8EMI-ANNUALLY CERTIFICATE ~ ~aov~ SEra,CE ~ QUARTERLY [ ] NO ISSU~JECTTO~TATE&LOCAL X MONTHLY (AFT) T~e ~U, solo'nD,s, m .~ OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) VERIFIED BY MOTOROLA. ream One to provide service. Motbrola Tefm~andC0nditions attached. S~ ~ ~Patoh for Truhklh~ FNE provided by $~tem Support Center SERVICE CENTER: CITY: SPUT ~BCONTRACT: ! ~ YES NEW [:SUPERSEDE AGREEMENT SCR#: STATE: (PLEASE SPECIFY ~VC CTR NAME (e~, EQUIPMENT AND DOLLARS) (S): 35080326509388 LJ YES. ATTACH P.O. I i NO 954-349-9353 MOTOROLA SALES/SERVICE REPRESENTATIVE (SIGNATURE) TELEPHONE # Mike Buntin~ MOTOROLA SALES/SERVICE REPRESENTATIVE (PRINT NAME) PAGER # NATIONAL SERVICE BILLING COPY CUSTOMER COPY Motorola Sales Rep Copy r.~ £OROLA t-800-247-2346 Communications and Electronics, Inc. 1307 E Algonquin Road Schaumburg, Illinois 60196 CUSTOMER NAME: ATTN: Hu~lh McCaffre)' BILLING ADDRESS: Date: City of Boynton Beach SER AGREEMENT t pLEASE PRINT} 12120199 100 E. Boynton Beach Blvd. SIC CODE CUSTOMER/AGREEMENT ORDER #: 0000555014390 CUSTOMER #: 1000303074 BILL TO EQUIP AT TAG #: TAG #: CITY: Bo~/nton Beach STATE FL ZIP: 33425 CONTRACT START DATE: AUTO RENEWAL: EXPIRATION DATE: 1-Jan-00 [-~"]YES ~'~NO 12/31t00 MODEL NUMBER/SERIAL c~o~ svc cm ~vc cm 170 Mobiles x 8.4( 1428.0~ 1 ~JTI000 x 7.~ 7;35 I StahdBy-Repeater x ' 78.7~ 2 ' ~0sf~r Cohtrol x ' ~1,(~ ~;~ 4 Nt 353 Cowtco~ x 1 NI352B CVC x 7.9( 7.9~ 203 STX x ' 8;~ 1705.2~ 14 T35VLJ S~tor x 10.0~ 140.0(] 2 T5076 smartnet x 78.75 157.50 10 TDN7070 Modem x ~ , 7.9~ 79.00 2 TDN7019MOdem x ' ,. ' - 7.g~ 15.80 5 U3812 x 15.75 78.75 10 HT1Q00 Po~t x 8.~ 29 MTX800 Port x 8/~ 243.60 10 MTB2000 Port x 8.4~ 84.00 TOTAL PER MONTH $41187.65 PAYMENT CYCLE; TAX EXEMFT: TAXES ANNUALLY LJ YES. ATTACH EXEMPT TOTAL ~,098.05 SEMI-ANNUALLY · CERTIFICATE QUARTERLY [ I NO MONTHLY (AFT) 5THER (SPECIFY IN SPECIAL INSTRUCTIONS) VERIFIED BY MOTOROLA. DIVISION: SD (Southern Division) CUSTOMER CONTACT: Hugh M=Caffrey CUSTOMER PHONE #: 561-742-6031 Team One to provide service. Motorola Terms and Conditions attached. ~;erYjce d!~pa{eh for Trbr~ktng FNE prOVided by System Support Center SERVICE CENTER: CITY: 3pIJT SUBCONTRACT: [ 1 YES [ ] NEW [;SUPERSEDE SCR#: STATE: (PLEASE SPECrFY SVC CTR ~ EQUIPMENTANDDOLLAR~ ENT NUMBER [S): La YES, ATTACH P.O. I ] NO MOTOROLA SALES/SERVICE REPRESENTATIVE [SIGNATURE) TELEPH~ Mike Bunting MOl~OROLA SALES/SERVICE REPRESENTATIVE (PRINT NAME) PAGER NATIONAL SERVICE BILLING COPY CUSTOMER COPY Motorola Sales Rep Copy ;named in this Agreement's Altachments (~Cust~mei~). mental entity. · ~ ;SECTION 1 DEFINITIONS. "Service Agreement' moans this Service Agreement and its Attachments; Order Form. Motorola does not by this Agreement make any pace guarantees except as stated in the ~"Equipment' means, collectively and In part, the communication equipment that is specitied in the Afiach- 'meats or that is subsequently added to this Service Agreement, SECTION 2 ACCEPTANCE The terms and conditions set forth in this Service Agreement and in At- tachments will become the Service Agreement only when acknowledged and accepted in wdting by Mo- terola's Schaumburg, Iltinots Service Department. SECTION 3 SERVICE DEFINED A. Motorola agrees to I)rovide services for the Equipment as speci* ~ed in ~he Attachments and in accordance with the following standards: (ii Motorola parts or parts of ~qual quality that ara new er ara warranted as ~like new~ will be used; (ii) the Equipment will be Serviced 3t levels set forth in Motorola's product manuals: and (iil) routine service procedures that ara prescribed ~om time to time by Motorola for its products will be followed. B. All communication equipment pul- :based by Customer from Moterola ("Additional Equipment") that is part of the same communications stem or of similar type as the Equipment cavemd under this Service Agreement will be automatically idded to this Service Agreement and will be billed at the applicable rates after the warranty period has ~xpfred. Motemla may also provide additional services ("Above-Contract Services~) at Customer's re- luest that will be billed at Motercta's then appticable service rates. C. All Equipment must be in work- ~g order on the Start Date of the Service Agreement or at the time the Equipment is added to the Service ~greement. Customer must provide a complete serial number and model number list either prior to the itart Date or prior to the time that the Equipment is added to the Service Agreement and must indicate in '~e Attachments any Equipment that is labeled intrinsically safe for use in hazardous environments, D. Customer must immediately notify Motorola in writing when any Equipment is Iosl, damaged, or stolen. ;ustemer's obligation to pay Service fees for such Equipment will terminate at the end of the month in thich Motorola receives such written notice. E, If Equipment cannot, in Motemla's opinion, be properly r economically serviced for any reason including excessive weal. unavailability of parts, the state of fech- elegy, or the practical feasibility of the scope of Services as specified in the Attachments or Motorola ~tatement of Work, Motorola may: (1) modify the scope of Services related to such Equipment; (2) remove ~=uch Equipment from Service Agreement; or (3) increase the pdce to Service such Equipment, F. Cus- ~mer must notify Motoro.,la er Mctomla's Subcontractor immediately of any Equipment failure. Motoro a ~vill respond to Customers notification in a manner consistent with the level of service purchased as indi- Cted in the Attachments. ;;ECTION 4 EXCLUDED SERVICES A. Service does not include the repair or replacement of ~quipment that has become defective or damaged due to physical or chemicat misuse or abuse from auses such as lightning, power surges, or liquids. B. Unless specifically included in the Attachments. ;ervice does not include repair or maintenance of any transmission line. antenna, tower or tower lighting, uplexer, combiner, or multicouDler. Motemla has no obligation or responsibility for any transmission redium, such as taJephone lines, computer networks or the worldwide web, orfor Equipment malfunction aused by such transmission medium. C. Unless specifically included in the Attachments. Service of quipment does not include items that are consumed in the course of normal operation of the Equipment. uch as, but not limited to, batteries magnetic tapes, and computer supplies. D. Service does not in- ude reprogrammteg of Equinment: accessories, belt clips, or battery chargers; custom or Special Prod- cts: modified units; or software. E. Service does not include certification programs, software support, ~pregrammmg, or modifications to Equipment related to assuring the correct precessmg, providing, or ~ceiving of date data from, into, or between the year 1999 and the year 2000. ECTION 5 RIGHT TO SUBCONTRACT/ASSIGNMENT Motorola may assign its rights and obti~qa- )ns under thl~Service Agreement andmay~con~ract any portion of Moforola's performance called for this Service Agreement ECTION 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in the :tachmente. Wi3en Motorola performs service at the Equipment's location. Customer agrees to provide iJotarola, at no charge, a non-hazardous environment for work with shelter heat, light, and power and [th fu and free access to the Equipment Customer will provide all inform;tirm ertalnin to the hard ~ . p g - i~are and software etements of any system with which the Equipment is intertac ng that enable Mottle a to '~gdorm ts obligations under this Service Agreement. Unless otherwise specified in the Attachments. the rl'~3urs Of aery ca w be hours af 8'30 ...... a m to 4'30 p m, excluding weekends and holiday.s ~ECTION 7 PAYMENT Motorola wll invo ca Customer in advance for each a meat eriod All PY P · ~'her. charges will be billed monthly, and Customer must pay each invoice within thirty (30) days of the ~vo~ce date to the Moterola office designated by Motorola. Customer agrees to reimburse Motorola for all tope, rty taxes, sefes and rise taxes, excise taxes, and other taxes or assessments Iexcept income, profit. · ) SECTION 8 WARRANTY Motorola warrants that its Services under this Service Agreement will be' free of defects in materials and workmanship for a period of ninety (g0) days beyond the expiration or termination of this Agreement. Customer's sole remedies are to raquira Moterela to m-perform the af- fected Service or ~o refund, on a pro-rata basis, the Service fee ~)aid for the affected Service. MOTOROLA DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING. WITHOUT LIMITATION. THE IMPMED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SECTION 9 CERTIFICATION DISCLAIMER Unless signed by a Motorola authorized signatory, Mo- forola spesitically disclaims all certitications regarding the manner in which Motorola canducts its business or peri'elms its obligations under this Service Agreement. SECTION 10 DEFAULT/TERMINATION A. Customer agrees to provide M0torola written notice of any default of this Service Agreement to state the nature of the default. Noncompliance with regulatory laws or disadvantaged business entity requirements may not be cause for default. If Motorola does not sere the default within sixty (60) days, Customer may terminate that portion of the Service Agreement that is in default by giving Motorola thirty (30) days pdor written notice. B. Any dispute will be resolved by mutuatagraement. C. Neitherpartyislfabfafordelaysorlackofper;'ormancerasultfagfromanycausse such as strikes, material shortages, or acts of God that are beyond that perry's reasonable co, frei. SECTION 11 LIMITATION OF LIABILITY Notwithstanding any other provision, Motorola's total Itabti- i~y for losses, whether for breach of contract, negligence, indemnity, warranty, or strict tiabitity in tert, is limited to the price of twelve months of Services sold. IN NO EVENT WILL MOTOROLA BE LIABLE FOR LOSS OF USE, LOSS OF TIME. INCONVENIENCE. LIQUIDATED DAMAGES. COMMERCIAL LOSS, LOST PROFITS OR-SAVINGS, O1~ OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTEN~ SUCH MAY BE DISCLAIMED BY LAW. SECTION 12 EXCLUSIVE TERMS AND CONDITIONS A. Customer acknowledges that the Service Agreement supersedes all ~3dor and concurrent agreements and understandings, whether wdften or ~ra~, related to the services perforated. '[he Service Agreement or Attachments may not be altered, amended. or modified except by a wdtten agreement signed by both parties. B. Customer agrees te reference this Service Agreement on all pbrchase orders issued pursuant to this Service Agreement. Neither party wii be bound by any terms contained in Customer s purchase order or elsewhere (even if it is attached to the Service Agreement). In the event of a conflict between the main body of this Service Agreement and any Addenda or Attachments, the main body of this Service Agreement ~viti take precedence, unless the Ad- dendum or Attachment specifically states otherwise. SECTION 13 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations raauired by the Federal Communications Commission ("FCC ") or any cther federal state, or local government agency and for complying with all rules and regulations required by such agencies, Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental maffers. SECTION 14 OWNERSHIP OF INTELLECTUAL PROPERTY A. This Service Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Moterela parent, copyright trade secret, or other intellectual property including any intetiectual preper[~ created as a result of or related to the products sold or Services performed under this Service Agreement. B. Mo- torola reserves the dght to limit access [o its confidential and proprietary information including cast and pricing data. SECTION 15 GENERAL TERI~S A. If~3t~yJ~ouJtrenclers any posen ofthts ServiceAgmement unen- fomeable, the remaining terms will continue rn full force and effect. B. THIS SERVICE AGREEMENT AND THE RIGHTS AND DUTIES OF THE PARTIES WILL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS. C. Failure to exeretse any right wil not oaerste as a waiver of that dght, power, or odvilege. D. Exceat for money due upon an ol3en ac- count, no action may be brought for any breach of this Service Agreement more tha~ one (I) year after the accrual of such cause of action, E. The Service Agreement will begin on the Start Date specified In the Attachments This Service Agreement will renew, for an additional one year term, on evepj anniver- sary of the Start Date unless either party notifies the other of its intention to discontinue the Agreement within thirty days of that anniversary date. F. If Motorola provides Service after the termination or expira- lion of this Agreement, the terms and conditions and any prices in effect at the time of the termination or expiration will apply to that Service. Revision Date 3/98 Requested City Commission Meetin~ Dates [] November 16. 1999 [] December 7. i999 [] December2I, I999 [] Januar3t 4, 2000 IV-CONSENT AGENDA ITEM B.5 CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FORrvl Date Final Form Must be Turned in to City Clerk's Office November 3, 1999 (5:00 p.m.) November 1~, 1999 (5:00p.rn.) December 8,1999 (5:60 p.m.) December 22, 1999 (5:00p.m.) Requested City Comnuss~on Meet/ne Dates [] January 18. 2000 [] February 1 2000 [] Febma~3 15,2000 [] March 7. 2000 Date Final Form Must be Turned in to Ciw Clerk's Office January 5, 2000 (5:00 p.m.) January 19, 2000 (5:00 p.m.) February 2, 2000 (5:00p.m.) February 16, 2000 (5:00 p.m.) NATURE OF AGENDAITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: MOTION to approve the PURCttASE OF A LOCAL LAW ENFORCEMENT PURSUIT VEttlCLE W/OPTIONS utilizing STATE CONTRACT #070-001-99-1, as awarded by the STATE to DI3VAL FORD, in the amoum ors 22,350. EXPLANATION: Procurement Services has reviewed pLrBLIC WORKS/FLEET MAINTENANCE request to purchase a LOCAL LAW ENFORCEMENT PURSUIT VEItlCLE W/OPTIONS. This purchase will utilize STATE CONTRACT #070-001-99-1 (contract period Nov. 5, t998 - Sept. 19, 2000) AUTOMOBILES AND LIGHT TRUCKS. This vehicle will be a replacement vehicle for unit g4805 damaged in an accident. The accident is now in litigation which will delay the repair or replacement of the vehicle. Procurement Services requests Commission's review, evaluation and purchase approval. PROGRAM IiVIPACT: The replacement of this pursuit vehicle will allow Police Deparnnent m maintain a full fleet of vehicles to maintain operations. "~ FISCAl_ IMPACT: Funding in the amount of $22,350 will be transferred from the Fleet Maintenance, Reserve for Vehicle Replacement Account #501-2516-519-99-10 to cover the costs of this vehicle. The fair market value of the damaged vehicle is estimated at $16,700 and any potential insurance recovery will be placed back in the reserve account. ALTERNATIVES: Any delay will have impact on the Police Department operations since they are currently operating with one less road vehicle. l~uty D/rector of Financial Services Procurement Services Department Name cc: Chris Roberts - Public Works Robert Lee - Fleet Maintenance Mary Munro - Finance Hoyt Johnson - Finance File · ~City~aufig~s-S-ighature City Attorney / Finance / l-Iman Resources S:kBULLETINWORMS~A. GENDA ITEM REQUEST FORM.DOC 5~10756211 CT"/ BOYNTON BCH To: From: Subj: PUBLIC WORKS DEPARTMENT MEMORANDUM #00-024 Wilfred Hawkins, Int~im City Manager Chris Roberts, Interim Public Works Dir~ctor~- H. Lee, Fleet Adnfinistration~/ Robert R~luast For Vehicle Replacewaent MANAGER'S OFFICE Date: January 27, 2000 The Police D~artment has a marked patrol car, unit #4805 damaged frOm an accident in Dee~mber 1999. The estimate of repair for this unit is $14.316.I I. Estimated valu~ taken from an automotive estimating guide, Kelly Blue Book, places the value for this model Ford Crown Victoria at $16,700.00. R~placoraent costs with a new unit from the State Contract Vehicle Bid is $22,350.00, Information r~ceived form Risk Management and the Police Departm,nt. suggest that we rep aec this mt as soon as po~lble as the deparanent is now down one road unit. The accident itself, has reached a point where litigation is now r~quired. This will delay the r~pair or replacement of thc tm_at. This,/chicle could be replaced by transferring funds from Public Works, Fleet Maintenance a*coum #501-2516-519.99-10 (Reserve-vehicle replacement account) into acct. #501-2516-5 l 9.64-31 for replacement vehicle purchases. When the litigation process ~s completed, thc Self-Insurm~cc fund will transfer the replacement value funds back into thc reserve account. I am requesting approval to go forward with this purchase. Once you approve, an agenda item will be prepared for Commission approval. If you have any questions please give me a call at ext. 6215. APPROVED: YES ~ ~]~00 - ~ NO cc: Dale Sugerman, Assistant City Manager Bill Atkins, Finance Mike Munro. Police Chuck Magazine, Risk Management TO: VIA: FROM: DATE: SUBJECT: PUBLIC WORKS DEPARTMENT MEMORANDUM #00-026 Bill Atkins, Deputy Finance Director Christine Roberts, Interim Public Works Director ~'~ Robert H. Lee, Fleet Administrator February 7, 2000 Additional Vehicle Purchase for a Pursuit Vehicle i( CEIVED 2000 PURCHASt,,~,. ~ DEPT. i Listed below is the additional departmental request, which was approved by Wilfred Hawkins on January 31, 2000 for a Police Law Enforcement Pursuit Vehicle. Also, included is information on the funding, replacement vehicle number, and purchasing information. POLICE DEPARTMENT Duval Ford: 1 - 2000 Local Law Enforcement Pursuit Vehicle w/options. Replacement for Vehicle #4805 State Contract #070-001-99-1 Budgeted Amount: #Refer to P.W. Memo #00-024 (Copy Attached) Actual Cost: $22,350 -- Account #501-2516-519-64-31 Please contact me if you need any additional information in order to place this item on the agenda for Commission Approval. PL/RHLJpl Requested City Commission Meefin~ Da~s [] November 16, 1999 [] D~cember 7, 1999 [] December2L 1999 [] Ianua~ 4. 2000 iV-CONSENT ITEM B.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM November 3, 1999 (5:00 p.,n.) November 17, I999 (5:00 p.m.) December 8, 1999 (5:00 p.rc~) Requested City Commission Meetin~ Dates []; Sanuar~ 18,2000 [] February L 2000 [] Februa~ tS, 2O0O [] March 7.2000 Date Final FormeMust be Turned oM ~,y'>, 2000 (5:00 p.m.) .(anua~ I9. 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m.) February 16. 2000 (5:00 p,m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] PubhcHearing [] Legal [] Bids [] UnfinishedBusiness [] Announcement [] Presentation RECOMMENDATION: A motion to award the bid fo,,the A1NNUAL BID FOR CUSTODIAL SERVICES FOR CITY FACILITIES to GOLDEN MARK MAINTENANCE, in the amount of $112.620.00. Procurement Sen, ices requests Commission's revieav, evaluation, and award approval of thc "ANNUAL BID FOR CUSTODIAL SERVICES FOR CITY FACILITIES"- BID g012-2511-00/SP. :. CONTRACT PERIOD: MARCH 8, 2000 THROUGH MARCH 7, 2001 EXPLANATION: On December 1//1999, Procurement Services opened the above mentioned bid which included six proposals. Alter review, it was d/etermined that GOLDEN MARK MAIbTTENANCE, of Hollywood, Florida is the lowest, most responsive, respo)~ibin bidder who meets all specifications. This award will include fourteen (14) buildings as indicated on the~ttocbod location sheet. This will allow the present Custodial Staff (City employees), with the assistance of this cp~troctor, to servi~e the City's facllitias. The newest facilities, including the 1913 Schoolhouse Mnsemn, thg/Seuior Center, and the Utility Operations Building, are covered in this proposal. Bill DeBeck, Facilities Man~er, concurs with this request (see attached Facilities Memo #00-017), PROGRAM IMPACT: The intent of this hid is to obtain firm pricing to provide contractual custodial services for the City of Boynton Beach's facilities. FISCAL IMPACT: BUDGET ACCOUNT # 001-2511-519.34-10 ANNUAL EXPENDITURE $ 112,620.00 ALTERNATIVES: The ouiy alternative to this would be to hire five (5) additional employees along with additional vehicles, equipment, and chemicals. S:~BULLETIN~ORMS~AGENDA ITEM REQUEgT FORM.DOC IV-CONSENT ITEM B.6 V BEACH rEST FORM ;ted City Commission !8, 2000 1,2000 IS, 2000 20OO February 2, 2000 (5:00 F.m.) Febn~.y 16, 2000 (5;00 p.rr,.) [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation ~BID FOR CUSTODIAL SERVICES CE, in the amount of ~.00. approval of the "ANN~ BID FOR 2-2511-00/Sp. 7, 2001 the above mentioned bid Which inehided six NTENANCE, of Hollywood, Florida/s the - This award will include fourteen (14) present Custodial Staff (City employees), newest facilitieS, including the 1913 ld/ng, are covered in this proposal. Bill lities Memo #00-017). provide contractual custodial services for the IUAL EXPENDITURE .~,620.00 .dditional employees along with additional Requested City Commission Meeting Dates -- November 16, 1999 December 7. 1999 [] December21. L999 [] Januar3 4. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November3. 1999 5:00p.m.) November 17. 1999 (5:00 p.m.) December 8, 1999 5:00 p.m.) December 22. 1999(5:00 p.m.) Requested City Commissio~ Meeting Dates [] lanuary 18, 2000 [] February 1. 2000 [] February 15. 2000 [] March 7, 2000 IV-CONSENT ITEM B.6 Date Final Form Must be Turned in to City Clerk's Office ,January 5, 2000 (5:00 p.rn.i January 19, 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m.~ February 16, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [~1 Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: A motion to award the bid for the ANNUAL BID FOR CUSTODIAL SERIVCES FOR CIT~Y FACITLITIES to GOLDEN MARK MAINTENANCE, in the amount of $112,620. EXPLANATION: Upon conducting an in-depth analysis of five bids Dom maintenance companys and one "bid" from the existing custodial employees, staff is recommending the custodial services contract be ~wacded to Golden Mark Maintenance to maintain 14 city buildings at a cost of $112, 620. The contract period would be from March 8. 2000 through March 7, 2001. The current eight custodial employees (plus one supervisor} will be responsible for maintenance of 22 city buildings. The custodial employees will not loose any salary or benefits. Staff was looking for a lower cost and a greater level of productivity through a private contractor, we realized that there are d[sti~net advantages to retaining our own employees. However, we are looking for an increased level of productivity from our employees. Staff believes that productivity and efficiency will increase significantly because we have designed, and are prepared to implement, a performance based evaluation system (both supervisory and customer feedback-based) for both Golden Mark Maintenance and our eight custodial employees. PROGRAM IMPACT: Staff will ase the next 12 months (or so) to measure the success of this "pilot" project. The performance based evaluation system will be used to determine at the end of this evaluation period if we should conintue with the private contractor/city employee maintenance structure or make modifications to one or both of our custodial service providers. In retrospect, the supervisors of the custodial employees of the City were greatly concerned about the productivity, quality, and efficiency of the custodial employees over the past several years. In addition, we were aware of the movement in the industry to contract with the private sector for custodial/maintenance se.rvlees. Staff was willing to explore the possibilities and the city.has actuaiiy used contract custodial services in many buildings and facilities throughout the City, in addition to our custodial employees. Staffdecided to explore the options of contracting ail custodial services. ~be public bidding for this was conducted on December 1, 1999. Staffltas spent considerable time discussing this issue with, not only our custodial employees, but also their Union repre~antatives from West Palm SSBULLETIN~FOR3AS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Beach. From these meetings staff has realized that there will be objections from some of the custodial employees and their union representatives. These objections are: 1) A different evaluation system from the "standard" evaluation system ail other union employees are subject tO. We do intend to have a different evaluation system for our custodial employees. Because we spe.cifically want to. measure the performance of the custodial employees during this 12 month (or so) period..The custo_dial employees will not be compared to the contractor, bgt rather, to the new standards of performance that we have set. The custodial employees had input into formulating these new performance standards. 2) Plan to slightly modify the work hours for custodial operations. Currently, the custodial staff work hours are 4:00 a.m. until 12:00 p.m. (with no break for lunch). We are moving their hours to 6:00 a.m. until 3:00 p.m., with one hour for lunch. The objection from some custodians is that this change in the hours of operation will interfere with their second ]obs. The staff position is that an employee's job with the City of Boynmn Beach is their nrimarv lob, and their obligation is to the City first. We need to change the hours of operation in order to accomplish a higher level of productivity and service. 3) Job sites for City custodial employees to maintain are not the administrative buildings. The job site assignmems are not changing from the current assignments. In fact, of our eight current emPloY;ecs, s~x of them are staying with the same assignments they generally had over the past years. Only two of t. he custodians are moving from their current assignments in the City Hall and West Wing Complex, to assignments in buildings and park facilities away from City Hall. Finally, this "pilot project" is change, and change is exactly what we needed to achieve a higher, more efficient, cost-effective level of service, and increased productivity from those providing the service. FISCAL IMPACT: Awarding this contract to Golden Mark Maintenance will reduce the City's overall custodial service expenses. The current annual cost for custodial services is $477,646. The combination of maintainingo the eioht current employees (plus one supervisor) and awarding 14 buildings to Golden Mark Mnint~nance will reduce ou~-"-- overall annual cost to $396,560 for a realized saving Of $79,086 annually. We will be able to provide increased level of service, maintain our current custodial employees with no reduction of salary and benefits at a cost saving to the City. Staff believes this is a win-win solution for employees and the City. ALTERNATIVES: The only other alternative would be to hire five additional employees along with additional equipment, vehicles, and necessary support materials to do the janitorial functions around the City. Depariment Head's Signature Department Name S:kBULLETIN\FORMS~AGENDA ITEM REQUEST FORM DOC City Manager s Signature City Attorney / Finance / Human Resources TO: VIA: FROM: DATE: SUBJECT: FACILITIES MANAGEMENT DIVISION Memorandum No. 00-017 Bill Atkins, Deputy Finance Director Christine Roberts, Interim Public Works Director Bill DeBeck, Facilities Manager February 9, 2000 Custodial Services Bid Award F~*B 10 After review I would recommend that the Iow bidder, Golden Mark Florida Corporation, be awarded the Annual Contract for Custodial Services to fourteen (14) buildings as listed below for $112.620. City Hall Fire Station 4/1 Police Station West Wing Chambers East Wing 1913 Schoolhouse Museum Library Art Center Madsen Center Civic Center Parking Garage Senior Center Utilities Administration This would allow the present Custodial Staff with the assistance of this contractor to service the City's facilities including the three (3) newest facilities; th~ 1913 Schoolhouse Museum, the Senior Center, and newly renovated Utilities Administration Building. The cost of this contract would be funded out of ~he budgeted.monies in Acct. g001-2511-519- 34-10. The only alternative to this would be to hire five (5) additional employees along with additional vehicles, equipment, and chemicals. If you need any further information, in order, to place this on the agenda for the Commission's approval, please call me. BDB~I PROPOS;~L continued ...... CUSTODIAL SERVICES FOR CITY FACILITIES SERVICE LOCATION ANNUAL SERVICE LOCATION ANNUAL COST COST 1.) CIT~ HALL .... [ 14,424.00 200 MAUSOLEUM CHAPEL 2,652.00 2.) CHAMBERS 21.) BOAT CLUB PARK 3,360.00 4,704.00 3.) POLICE STATION 22.) E2~LL HESTER PARK 13,176.00 20,240.00 4.) PARKING GARAGE 23.) OCEANFRONT PARK 8,760-00 4,704.00 5.) FIRE STATION #1 240 SENIOR CENTER 7,080.00 3,360.00 6.) EAST WING ZS.) W sON CENTER 10,020.00 5,160.00 7.) WEST WING 26.) CONGRESS AVENLrE 11,820.00 PARK 4,704.00[ 8.) HIGH SCHOOL ~7.) CITY HAr.r. IN THE -' 4,440.00 MALL 2,016.0( 9.) 1913. SCHOOLHOUSE 28.) MANGROVE PARK MUSEUM 5,940.00 RESTROOM BUTt.DING 2,016.0C 9.) LIBRARY ~. 29.) p~rNfETI'O GRF~WNS 18,240.00 PARK I~STROOM 2,016.0( Burr.r~ING 11.) ART CENTER 30:) M~ADOWS PARK 5,88o.oo KESTROOM BUILDING 4,704.0( 12.) MADSEN CENTER '31.) GALAXY PARK 3,360.00 RESTROOM BUTLDING 3,360.0C 32.) LITTLE LEAGUE PARK 13.) CIVIC CENTEK 7,200.00 RESTROOM BUILDING 4,704.0c 14.) P.W. #I 33.) PENCE PAKK~ 9,540.00 RESTROOM BUILDING 3,360.0~ 15.) P.W. #2 34.) SARA SIMS PARK 8,160.00 OFFICF_JRF~TROOM 3,360.0, BUrLD]/qG 16.) P.W. #3 35.) PIONEER CANAL pARK 4,551.00 RESTP, OOM BUTf.DING 1,344.0 17.) FIRE STATION #3 36.) u'rrIkrry OPERATIONS 10,458.00 BUiLDiNG. ** 18.) PISTOL RANGE 1 ,764.00 19.) CEMETERY MAINT. [ BUILDrNG RESTROOM 2,016.00 TOTAL A_NNUAL COST $222,593. ** UTILITY OPERATIONS BUILDING IS INCLUDED IN TOTAL OF $112,620.00 THIS PAGE TO BE'SUBMI-I-I I~D IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CUSTODIAL SERViCES FOR CITY FACILITIES SERVICE LOCA~'ION ABM JANIToRiAL BRIGHT - BO~NT0-N BEACH cLEANING GOLDEN MARK TLB MAINTENANCF SERVICES ' MAINTENANCE CUSTOD AL STAFF SYSTEMS, INC. MAINTENANCE 1.) CITYHALL ~ "$ 27,'tA6.0~ $ 15,~2~.~0 ~ BID $ ' $ 1~,424;00 $ 52,272.00 17~400.0Q 3,):2') CHAMBERSpoLtCE~S~TiQN _ ~ ~.4~. ~ ~,~.~ $ 3,110.~0 $ 3 360 00 $ 7,500.00 $ ~ 26~598~3~ $ 14076:00 NOT $ 24,867.00 $ 13176.00 $ 47,748.00 4.) PARKING GAUGE $ .2,~92.00 $ 19~20~00_ ' ~ ~ 31.,~3~0~ $ 8,760.0~ $ 6,000.00 5.¥ FIRESTATI~ $ 12.~3.24 $ ~,~0,00' ITEMIZED $ 4,85~.Q0 $ 7,080.00 $ 6,600.00 5.)~STWNG ' $ 18,671,75 $ I0596.00 $ 1555~00 '$ 10,020,00 $ 9,600.00 7.)'WEST:WING $ 2t;999;51 $ 12 4~2:p0 $ 18;699 00 $ 11,820,00 $ 27,800.00 8~) H[GH'~G~OQL - ,$ 7;266:50 $ 3,~O.00 .$ 6,220,00~ $ 4,440.00 $ 9,600.00 9.) 1913SCHOOLHOUSE $ 10 853.~6 $ 5;664,d0' $ 9,330,00 $ 5,940.00 $ 18,000.00 10.) EIB~RY ' $ 33;396,30 ~$ 19,46~,00 $ 27985.00 $ 18~240,00 $ 30,000.00 H,)ARTCENTER $ 8,976.55 $ 4;6~,00 $ 6,220.00 $ 5,88000 $ 4,800.00 12.) MADSENCENTER $ 5,531.16 $ 2,12400 $ 3,1~0,00 $ 3,360,80 $ 4,200,00 13.) CIVICCENTER $ 14,159.74 $ 6,92t.00 $ 18~662,00i $ 7,20~;00 $ 13 200.00 ~4,) P.W.*~I .'~ ~ $ 19,~98.62 $ 10,080.00 $ 15,55~00 $ 9 540.00 $ 4,200.00 IS.)P.W,~2 $ lS293,50 $ 7,824:00 ' $ 9,330~00 $ 8,160.00 $ 10,200.00 16.)p.w,~3 $ 7,391,57 $ 36~00 $ 6,22000 $ 4,55t,~0 $ 6,600.00 17.) FIRESTATION~3 $ 19,422.08 $ 11,052,00 $ 9.330,~0 $ 10:458.00 $ 6,600.00 18,) PiST~-~NGE' $ ~;5~,00 $ 3,852;00 _ $ 3;647,00 $ 1,764,00 $ 4,680.00 19.) CEMETER~N~ $ 3,~3.72 $ 3;t20.00 $ 2,023,08. $ 2.016.00 $ 4,200.00 21.) BOATCLUB'PARK $ 7,827:47 $ 4,408.q0 $ 9,3al.00 $ 4.704.00 $ 4,800.00 22.) EZELLHESTERPARK $ 39,16~,32 $ 21,408.00 $ 6;525.00 $ 20.2~0.00 $ 19,800.00 23.) OG~NFRONTPARK $ 7.635.78 $ 4;368;00 $ 30,479.00 $ 4;70~.00 $ 4,800.00 24.) SENIORCENTR $ 6,299.16 $ 4,608~00 $ 4~53.00 $ 3,360.00 $ 7,800.00 25.) WILSON~TER $ ~. 8,550~'t9 $ 4;092:00 $ 4,669,~0 $ 5,160.00 $ 9,120.00 26.) CONGRESS AVENUE $ 7,396.26 $ 4 608.00 $ 6,220.00 $ 4,704.00 $ 4,800.00 ~7;) CI~AEEIN $ 3~5.95 $ ~.728;00 $ 4,669.00 $ 2,016,00 $ 1,800.00. TRE MALL , ' ..... 3,489.27 $ 4,080;00 $ 1.824.00 $ 201600 $ 1,440.00 28.) MANGROVE PARK $ ~, .; ~ ' RESTROOM BLDG. 29.) PALME~OGREENS $ 3,3~.85 $ 4080.00 ' $ 986.00 $ 2,016,00 $ 1,440.00 PARKRE~R~OM B~DG, ~ ' ~ ~ 30,)~MEAD~WSpARK $ 7,069.55 $ 4~608.00 $ 622,00 $ 4,704.00 $ 3,720.00 RESTROOM BEDG: 31.)GA~PA~K $ 5~271:50 $ 4,608~00 $ 2,326,00 $ 3,360.00 $ 1,320.00 RESTROOM BLDg. 32~)EI~EE;E~GBE ~ 7430.53 $ 4,608,00 $ 2,023.00 $ 4,704.00 $ 2,760.00 PARK RESTROOM BLDG. ~ 33.) PENCE PARK $ 5,032.83 $ 3,408,00 $ 4 669.D0 $ 3,360.00 $ 1,440.00 RESTROOM~BLDG. ~ 3~;)-SA~I~RK- $ [270.23 $ 3,528.00 $ 622.0( $ 3,360.00 $ 1,800.00 3FFtC~RESTROOM ~5.,)~&LPARK $ 2;680;gl $ 3,408,00 $ 2,023.00 $ 1,344.00 ~ESTROOM~BEDG. ~6:~IEI~O~TIONS $ 21,302.04 $ t0,704.00 $ 622.00 ~W $ 33,600.00 ~UILDING ~NNUALCOST $ 411;~40.23 $ 253,943.00 $ 380,000.00 ~ 318,752.00 $ 222,593.00 $ 374,160.00 ?orrectedfi~ures $ 411,140.16 $ 254,001.00 *~UTILITY OPERATIONS BUILIDNG IS INCLUDED IN TOTAL OF ~112,620.00 E0¥NTON F~OILITIE~ ;Oex~mb~r 20, 1 To: Bill DeBeck From: Dick Cosby Yke President Bill, per our con.or, ion ~ morning, tl~ ~ for tl~ utility operadoas ~;ld~ ~ We ~ ~li~-~ to ~ the ~ of~g ~ ~ o~m ~ ~ ~ We ~ ~ ~ ~ a~ ~ we ~ ~ ~ '~-a ~ ~d ~ ~ ~ ~bj~ to ~ ~ I believe when you check our ~e~ences you will find that w~pcrfo~ in a capable lllann~. would like to n~t with you lXa'sonally in the near future to discuss our pmlmsaL M~ C!llri~m~s ~..~J I'Iappy New Yearl B~fLL ATKINS, DEPUT~DIRECTOR OF FINANCIAL SERVICES DATE PUBLIC BILL DE BECK, PROJECT MANAGER **LOWEST, MOST RESPONSIVE, RESPONSIBLE BIDDER ,WHO MEETS ALL SPECIFICATIONS" ANNUAL BID FOR CUSTODIAL SERVICES FOR CITY FACILITIES BID OPENING DATE: DECEMBER 1, 1999 BID OPENING TIME: 2:30 P.M. BID #012-2511-00/SP "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. AIl'ot~h~br offer~ submitted tn response to this solicitation. if any, ars hereby rejected as late" VENDORS ABM JANITORIAL SERVICES BRIGHT MAINTENANCE INC. 31TY OF BOYNTON BEACH 20 N.E, 6TH STREET 10284 BROOKVILLE LANE CUSTODIAL STAFF ~' POMPANO BEACH, FL 33060 BOCA RATON, FL 33428 ',954) 942-3660 (561) 470-1331 JIM WILLIAMS G. CASTAGNA TOTAL ANNUAL COST ** $411,140.16 ** $254,00t.00 $380,000.00 HOURLY RATE PER PERSON FOR EMERGENCY WORK $22.50 $12.75 N/A HOURLY RATE PER PERSON FOR SPECIAL PROJECTS $15.00 $12.75 N/A OPTIONS: "PICK-UP" OF CURRENT EMPLOYEES ~ $80,184.00 $123,709.00 N/A ~/INYL FLOOR MAINTENANCE $0.12 per square foot $0.10 per square foot YES NUMBER OF BID PROPOSALS (on request) SUBMITTED 1 1 1 SPECIFICATION "CHECK-OFF" SHEETS SUBMITTED INCOMPLETE INCOMPLETE NOT REQUIRED LIST OF 3 SIMILAR CONTRACTS SUBMITTED YES YES NOT REQUIRED STAFF LISTING SUBMI I ~ ~-u YES YES NOT REQUIRED ANNUAL BID FOR CUSTODIAL SERVICES FOR CITY FACILITIES BID OPENING DATE: DECEMBER 1, 1999 BID OPENING TIME: 2:30 P.M. BID #012-2511-00/SP "Offers from the venoors listed he'rein are the On(y offers received ti~mely as of the above receiving date and time All other offers submitted in response to this solicitation, if any, are hereby rejected as late" VENDORS ABM JANITORIAL SERVICES BRIGHT MAINTENANCE INC. CITY OF BOYNTON BEACH 20 N.E. 6TH STREET 10284 BROOKVILLE LANE CUSTODIAL STAFF ~ POMPANO BEACH, FL 33060 BOCA RATON, FL 33428 (954) 942-3660 I561 ) 470-1331 JIM WILLIAMS G. CASTAGNA MATERIALS/EQUIPMENT LIST SUBMITTED YES YES NOT REQUIRED CONTACT INFORMATION SUBM~ I ~ I=u YES YES NOT REQUIRED STATEMENT OF BIDDER'S QUALIFICATIONS SUBMITTED * YES * YES NOT REQUIRED NONCOLLUSION AFFIDAVIT O'F , PRIME BIDDER \~ YES YES NOT REQUIRED ~,NTI-KICKBACK AFFIDAVIT SUBMITTED YES YES NOT REQUIRED CONFIRMATION OF MINORITY FORM SUBMITTED/NOT A NOT A C~'~ JFIED MINORITY OWNED BUSINESS SUBMITTED MINORITY OWNED BUSINESS OWNED BUSINESS NOT REQUIRED CONFIRMATION OF DRUG-FREE WORKPLACE SUBMITTED YES YES NOT REQUIRED COMMENTS ~*PRICE EXTENSION INCORRECT **PRICE EXTENSION INCORRECT BACKUP/SUPPORT · BACKUP/SUPPORT *BACKUP/SUPPORT DOCUMENTATION SUBMITTED DOCUMENTATION SUBMITTED DOCUMENTATION SUBMITTED ANNUAL BID FOR CUSTODIAL SERVICES FOR CITY FACILITIES "Offers from the vendors listed herein are the only offers BID OPENING DATE: DECEMBER 1, 1999 ~eceived timely as of the above receiving date and time, BID OPENING TIME: 2:30 I: u~.~ ,~ ~...~'~H'~u ~ i~WL.. /...,.~U r-.iVl. , I other offers subn~ltted in response to this solicitation, BID #012-2511-00/SP ~ I ~, a~'e hereby rejected as late. · VENDORS CLEAN NG SYSTEMS, INC GOLDENMARK MAINTENANCE TLB MAINTENANCE INC. 1033O N.W, 55TH STREET f323 SOUTH 30TH AVENUE P.O. BOX 1235 ~ SUNRISE, FL 33351 HOLLYVVOOD, FL 33020 BOYNTON BEACH FL 33425 (954) 341-0000 I954) 925-3989 (561 ) 737-7563 JAMES FISCHER R CHARD A COSBY TOMMY L. BROWN TOTAL ANNUAL COST $318,752.00/ ~' ' *$222,593.00 $374,160.00 (no price ~iv~n !0r Location 36) HOUR~.Y RATE PER PERSON FOR EMERGENCY WORK $20.00 $7.95 $18.00 HOURLY RATE PER PERSON FOR SPECIAL PROJECTS '$15.00 $7,95 $15.00 OPTIONS: "P CK-UP" OF CURRENT EMPLOYEES ~ $55,400.00 $23,781.00 mo. x 6 mos. $9.00 VINYL FLOOR MAINTENANCE $0.12 per square foot $0.15 per square foot $12.50 (strip/3 coats floor finish) ~JUMBER OF BID PROPOSALS SUBMITTED 1 1 1 SPECIFICATION "CHECK-OFF" ' SHEETS SUBM TTED YES YES INCOMPLETE LIST OF 3 SIMILAR CONTRACTS SUBMITTED YES YES YES STAFF LISTING SUBMITTED YES YES NO ANNUAL BID FOR CUSTODIAL SERVICES FOR CITY FACILITIES "Offers from the vendors sted herein are the only offers BID OPENING DATE: DECEMBER 1, 1999 received timely as of the above receiving date and time. BID OPEN rNG TIME: 2:30 P.M. All other offers sabra tted in response to this solicitation BID #012-2511-00/SP i~f ~._n y, are hereby rejected as late" VENDORS CLEANING SYSTEMS, INC. ~ GOLDEN MARK MA NTENANCE ~ rLB MAINTENANCE INC. 10330 N.W. 55TH STREET 1323 S~OUTH.30TH AVENUE 3.0. BOX 1235 ~- SUNRISE, FL 33351 HOLLYWOOD, FL 33020 3OYNTON BEACH, FL 33425 (954) 341-0000 (954) 925-3989 561 ) 737-7563 JAMES FISCHER { CHARD A. COSBY TOMMY L. BROWN MATERiALS/EQUIPMENT LIST ,SUBMITTED YES YES NO C~)NTACT INFORMATION SUBMITTED YES YES YES .~TATEMENT OF BIDDER'S QUALIFICATIONS SUBMITTED * YES ** YES YES NONCOLLUSION AFFIDAVIT OF , PRIME BIDDER ~ YES YES INCOMPLETE ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES YES CONFIRMATION OF MINORITY FORM SUBM TTED/NOT A FORM SUBMITTED/NOT A IS A CERTIFIED MINORITY OWNEIDBUSINESS~SUBMITTED MINORITYOWNED BUSINESS MINORITY OWNED BUSINESS OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE SUBMITTED YES YES YES COMMENTS 'BACKUP/SUPPORT SEE NOTATION )OCUMENTATION SUBMITTED *BACKUP/SUPpORT MSDS SUBMITTED DOCUMENTATION SUBMITTED NAME OF BID: BID 'NUMBER: BID OPENING DATE: BID OPENING TIME: BIDDER'S S..~-IN SHEET (Please Print) ANNUAL BID FOR CUSTODIAL SERVICES FOR CITY FACILITIES 012-2511-00/SP DECEMBER 1, 1999 2:30 P.M. NAME OF COMPANY REPRmSmNTATIVE ADDRESS PHONE NUMBER FAX NUMBER CITY, STATE & ZIP W/AREA CODE ANNUAL BID FOR CUSTODIAL SERVICES FOR CITY FACILITIE~E BID DATE: DECEMBER I, 1999 BID TIME: 2:30 P.M. BID #: 012-2511-00/SP STATEMENT OF "NO BIDS" LISTING VENDOR AMERICLEAN SERVICES, INC. 2230-N SPRING HARBOR DRIVE DELRAY BEACH, FL 33445-6902 CUSTOM CAR.E, INC. 6560 E. ROGERS CIRCLE BOCA RATON, FL 33487 INTER KLEEN 1499 S.W. 30~a AVENUE, SUITE #7 BOYNTON BEACH. FL 33426 MANPOWER 3300 PGA BLVD., SUITE 450 PALM BEACH GARDENS, FL 33410 SERVICE MASTER 3866 PROSPECT AVENUE g4 W. PALM BEACH, FL 33404 SI.IN COAST JANITORIAL SERVICES, INC. 5642 CORPORATE WAY W. PALM BEACH. FL 33407 REASON OUR SCHEDULE WOULD NOT PERMIT US TO PERFORM INSUFFICIENT TIME TO RESPOND TO THE INVITATION TO BID IT IS TOO BIG A CONTRACT, AS WE ARE A SMALL COMPANY WE DO NOT OFFER THIS PRODUCT OR AN EQUIVALENT UNABLE TO MEET SPECIFICATIONS UNABLE TO MEET BOND REQUIREMENTS OUR PRODUCT SCHEDULE WOULD NOT PERMIT US TO PERFORM TO: VIA: FROM: DATE: SUBJECT: FACILITIES MANAGEMENT DIVISION Memorandum No. 00-017 Bill Atkins, Deputy Finance Director Christine Roberts, Interim Public Works Director Bill DeBeck, Facilities Manager February 9, 2000 Custodial Services Bid Award After review I would recommend that the low bidder, Golden Mark Florida Corporation, be awarded the Annual Contract for Custodial Services ro fourteen (14) buildings as listed below for $112,620. City Hall Fire Station #1 Police Station West Wing Chambers East Wing 1913 Schoolhouse Museum Library Art Center Madsen Center Civic Center Parking Garage Senior Center Utilities Administration This would allow the present Custodial Staff with the assistance of this contractor to service the City's facilities including the three (3) newest facilities; the 1913 Schoolhouse Museum. the Senior Center, and newly renovated Utilities Administration Building. The cost of this contract would be funded out of the budgeted.monies in Acct. #001-2511-519- 34-10. The only alternative to this would be to hire five (5) additional employees along with additional vehicles, equipment, and chemicals. If you need any further information, in order, to place this on the agenda for the Commission's approval, please call me. BDB/pl PROPOSA~L ~ontinued ...... CUSTODIAL SERVICES FOR CITY FACILITIES ~ "' SERVICE LOCATION ANNUAL SERVICE LOCATION ANNUAL COST COST I.) Cli Y HALL - 20.) MAUSOLEUM CHAPEL 14,424.00 2,652.00 2.) CHAMBERS 21.) BOAT CLUB PARK 3,360.00 4,704.00 3.) POLICE STATION 22.) I~7~FLL HESTER PARK 13,176.00 20,240.00 4.) PARKING GARAGE 8,760.00 23') OCF~6slqFl{ONT PARK 4,704.00 5.) FIRE STATION #1 24.) SENIOR CENTER. 7,080.00 3,360.0(] 6.) EAST WING 25.) WILSON CENTER 10,020.00 5,160.0G 7.) WEST WhNG ~ 26.) CONGRESS AVENUE 11,820.00 pi~l~/~ 4,704.00 270 CITY HAI5. IN TI-IE ;8.) HIGH SCHOOL 4,440.00 MALL 2,016.0( 90 1913 SCHOOLHOUSE 28.) MANGROVE PARK MUSEUM 5,940.00 RESTROOM BUILDING 2,01 6.00 '0.) LIBRARY 290 PALWfETTO GREENS .... 18,24o.oo PARK RESTROOM 2,o16.o( Burr--DING I 1.) ART CENTER 30.) Iv~-ADOWS PARK 5,880.00 RESTROOM BUILDING 4,704.0( · 12.) MADSEN CENTER 31.) GALAXY PARK 3,360.00 RESTROOM BUILDING 3,360.0( :130 CIVIC CENTER 32.) LITTLE LEAGUE PARK : 7,200.00 RESTROOM BUILDING 4,704.0( i 14.) P.W #1 33.) PENCE PARK ~. 9,540.00 RES/ROOM BLrlLDING 3,360.0( ~15.) P W. #2 34.) SARA SIMS PARK 8,160.00 OFFICFURESTROOM 3,360.0, BUILDING :16.) P.W. #3 35.) PIONEER CANAL PARK 4,551 .oo RESTROOM BUTLDING 1,344.0, ;17.) FIRE STATION #3 36.) crrILiTY OPERATIONS I 0,458.00 BUILDING ~18.) PISTOL RANGE ~ 1,764.00 ~1~9.) CEMt: t'ERy MAiNT ' ~ BUILDFNGKESTRO~M 2,016.00 TOTAL ANNUAL COST $222 593.~0 *~ UTILITY OPERATIONS BUILDING IS INCLUDED IN TOTAL OF $112,620.00 THIS PAGE TO BE SUBMI 1 1 ~..D IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE .4~ND ACCEPTABLE CUSTODIAL SERVICES FOR CITY FACILITIES SERYICE LOCATION . ABM JANITORIal. BRIGHT BOYNTON BEACH CLEANING GOLDEN MARK TLB MAINTENANCE SERVICES MAINTENANCE CUSTODIAL STAFF SYSTEMS, INC. MAINTENANCE 1~) CITY HAL~ $ 27,:1.45.05 $ '/5,42~0.00 BID $ 17,400~00 $ 14,424;00 $ 52,272.00 2,) CHAMBERS $ 4,3~3,67 $ 2.172,00 $ 3,1t0.00 $ 3,360.0(] $ 7,500.00 3.,).PiQ~CE~STJ~_TJON $ 26.,5~8.33 .$ 'i4,0.76.60 NOT $ 24,867.00 $ 13,176.00 $ 47,748.00 40 PARKING GARAGE $ ;2,692;00 $ t9,200;00 $ 31,030.00 $ 8,760.00 $ 6,000.00 5;) FIRESTATION~t $ 12,843.24 $ 6,780.00 ITEMIZED $ 4,857.00 $ 7,080.00 $ 6,600.00 6.) EASTWING $ 18671.75 $ 10,596.00 $ 15551.00 $ 10,020.00 $ 9,600.00 7.) WESTWING $ 21,99951 $ 12,492.00 $ 18,699.00 $ 1t,820.00 $ 27,800.00 80 HIGH SCHOOL $ 7,266.50, $ 3,540.00 $ 6,220.00 $ 4;440.00 $ 9,600.00 9.) t9~13 SCHOOLHOUSE $ 10,853.76 i $ 5,664,00 $ 9,330~;00 $ 5,940~00 $ 18,000.00 10.) LIBRARY $ 33,396.30 $ 19,464,00 $ 27,985;00 $ 18,240.00 $ 30,000.00 1t.) ARTCENTER $ 8,976.55 $ 4,664,00 $ 6,220,00 $ 5,880.00 $ 4,800.00 t2) MADSENCEN~'ER $ 5,5_3t,!6 $ 2,124.00 $ 3,t10.00 $ 3,360.00 $ 4,200.00 13:) CIVIC CENTER $ 14,159.74 $ 6,921.00 $ 18,662,00 $ 7,200.00 $ 13,2,00.00 14.) P.W.#1 ' $ 19,198;62 $ 10,080.00 $ 15,55t.00 $ 9,540,00 $ 4,200.00 15,)P.W.#2 $ 15,293,5_8 $ 7824.00 $ 9,330,00 $ 8,t66.00 $ 10,200.00 16.) P.W.#3 $ 7,391.57 $ 3,624.00 $ 6,220.00 $ 4,551.00 $ 6,600,00 ~7'.)'~FIR~-STATION#3 $ 19,~2'2.08 $ tl,052.60 $ 9,33000 $ 10,458,00 $ 6,600.00 18) P STOLRANGE $ 5,584.00 $ 3,852,00 $ 3,647.00 $ 1,764.00 $ 4,660.00 1~) CE__M~_TEJ~YM~,iNT. $ 3,543,72 $ 3,120,00 $ 2,023,00 $ 2,016,00 $ 4,200.00 BUILDING RESTROOM [0.) r~AUSOLEUMCHAPEL $ 4,668,27 $ 3,084;00 $ 3,647,00 $ 2,652.00 $ 3,240.00 21.) BOATCLUB PARK $ 7,827.47 $ 4,408.00 $ 9,33t.00 $ 4 704.00 $ 4,800.00 22.) EZELLHESTERPARK $ 39,164,32 $ 21,408.00 $ 6,525.00 $ 20,240.00 $ 19,800.00 ~;~.) bC~.~IFRO~?PA~K $ 7,635.76 $ 4,~8.00 $ 30,479.00 $ 4,704.60 $ 4,800.00 ~4.) BErqi¢OR'~;ErqTR ' $ 6,299.16 $ 4,608:00 $ 4,353.00 $ 3,360,00 $ 7,800.00 25,) WILSON CENTER $, 8,550.t9 $ 4,092,00 $ 4,669.00 $ 5,160.00 $ 9,120.00 26.) CONGRESS AVENUE $ , 7,396.26 $ 4,608.00 $ 6,220.00 $ 4,704,00 $ 4,800.00 =ARK -~7.) CITY HALL IN $ 3,845.95 $ 1,728,00 $ 4,669.00 $ 2,016,00 $ 1,800.00 [HE MALL ~ ->8.) MANGROVE PARK $ \, 3,489.27 $ 4,080.00 $ 1,824.00 $ 2,016.00 $ t,440.00 ~ESTROOM BLDG.,~ - 29.) PAEME*CI'0~REENS $ 3,36',~.85 $ 4,080.00 $ 966,00 $ 2,016.00 $ 1,440.00 PA~K RE~TROOM BLDG. 30.) MEA~)OWS PARK $ 7,069.55 $ 4,608.00 $ 622.00 $ 4,704.00 $ 3,720.00 RESTROOM BLDG, 31,) GALAXy PARK $ 5,271.50 $ 4,608.00 ' $ 2,326.00 $ 3,360,00 $ 1,320.00 RESTROQM BLDG. 32.) LI~i'LELEAGUE $ 7,430.53 $ 4,608.00 $ 2,023.00 $ 4,704.00 $ 2,760.00 PAR~ RESTROOTvfBLDG. 33.) PENCEPARK $ 5,032.83 $ 3,408. qp $ 4,669.00 $ 3,360.00 $ 1,440.00 RESTROOM BLDG. 34.) SARA SIMS PARK $ 5,270.23 $ 3,528.00 $ 622.00 $ 3,360.00 $ 1,800.00 OFFICE/RESTROOM 35.) PIONEER CANAL PARK $ 2,680.91 $ 3,408.00 $ 2,023.00$ 1,344.00 $ 1,680.00 RESTROOM BLDG. 36.) UTILITYOPERATIONS $ 21,302.04 $ 10,704.00 $ 622,00 *¢; $ 33,600.00 BUILDING ANNUAL COST $ 4'1t,t40.23 $ 283,943.00 $ 380,000.00 $ 3'18,752.00 $ 222,593.00 $ 374,160.00 *correctedfi~ures $ 411,140.16 $ 254,00t.00 **UTILITY OPERATIONS BUILIDNG IS INCLUDED IN TOTAL OF $112,620.00 02/~4/2880 ~:44 5~3756223 BOYNTON ~ACILZTZES PAGE ~r~ KC~r~ December 20, 1999 To: Bill DeBeck Facilities Manag~mem Front Dick Cosby Vice Pre~ider~ Subject: Cus~odiaiServicesPr~ing Bill, per our conversation this morning, Ihe price for the utility operations N]iimng was coi~ed out. however, h~advertently i~ was omitted from tb~e price ~chedulc. We are willing to at, orb the cost of mailllairdng the utility Ol~rations building at no ~d_ _d. itional cos~ according to the ~-fficafion~ in your RFB//012-2511-00SP. We are attesting ~o the above knowing we will t~ perfonning und~ a perfornm~e bond and could be subjecaxt to monetary pe~sltics. I bel/cw when you check our references you w/II find that We/pea, form in a capable I would ~ke to m~t with you personally in the near future to discuss our pwposal. Mary Christmas and Happy New Year? ~LL ~NS~ ~EP~T~'~ECTO~ OF F~N~N~L SErViCES ~?E P~C WO~S/F~C~L~T~E$ E~L~ ~E BE~ ~O~E~T ~N~ **LOWEST, MOST RESPONSIVE, RESPONSIBLE BIDDER .WHO MEETS ALL SPECIFICATIONS" ANNUAL BID FOR CUSTODIAL SERVICES FOR CITY FACILITIES BID OPENING DATE: DECEMBER 1, 1999 BID OPENING TIME: 2:30 P,M. BID #012-2511-00/SP "Offers from the vendors listed herein are the only offers received timely as of the above recew~ng date and time. All other offers submitted in response to this solicitation, if any. are hereby rejected as late" VENDORS ABM JANiTORiAL SERVICES BRIGHT MAINTENANCE INC. CITY OF BOYNTON BEACH 20 N.E. 6TH STREET 10284 BROOKVILLE LANE CUSTODIAL STAFF POMPANO BEACH, FL 33060 BOCA RATON, FL 33428 954) 942-3660 (561) 470-1331 JIM WILLIAMS G. CASTAGNA TOTAL ANNUAL COST ** $411,140.16 ** $254,001.00 $380,000.00 HOURLY RATE PER PERSON FOR EMERGENCY WORK $22.50 $12.75 N/A HOURLY RATE PER PERSQN FOR SPECIAL PROJECTS $15.00 $12.75 N/A OPTIONS: "PICK-UP" OF CURRENT EMPLOYEES ~ $80,184..0.0 $123,709.00 N/A VINYL FLOOR MAINTENANCE $0.12 per square foot $0.10 per square foot YES (on request) NUMBER OF BID PROPOSALS SUBMITTED 1 1 1 ~PECIFICATION "CHECK-OFF" SHEETS SUBMITTED INCOMPLETE INCQMPLETE NOT REQUIRED LIST OF 3 SIMILAR CONTRACTS SUBMITTED YES YES NOT REQUIRED STAFF LISTING SUBMITTED YES YES NOT REQUIRED ANNUAL BID FOR CUSTODIAL SERVICES FOR CITY FACILITIES BID OPENING DATE: DECEMBER 1, 1999 BID OPENING TIME: 2:30 P.M. BID #012-2511-00/SP "Offers from the vendors listed herein am the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solic ration. if any, are hereby rejected as late" VENDORS ABM JANITORIAL SERVICES BRIGHT MAINTENANCE INC. CITY OF BOYNTON BEACH 20 N.E. 6TH STREET 10284 BROOKVILLE LANE CUSTODIAL STAFF POMPANO BEACH, FL 33060 BOCA RATON, FL 33428 (964) 942-3660 (561) 470-1331 JIM WILLIAMS G. CASTAGNA MATERIALS/EQUIPMENT LIST SUBMITTED YES YES NOT REQUIRED CONTACT INFORMATION SUBMITTED YES YES NOT REQUIRED STATEMENT OF BIDDER'S QUALIFICATIONS SUBMITTED * YES * YES NOT REQUIRED NONCOLLUSION AFFIDAVIT OF PRIME BIDDER ~ YES._ YES NOT REQUIRED ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES NOT REQUIRED CONFIRMATION OF MINORITY FORM SUBMI I I ED/NOT A NOT A CERTIFIED MINORITY OWNED BUSINESSSUBMITTED MINORITY OWNED BUSINESS OWNED BUSINESS NOT REQUIRED CONFIRMATION OF DRUG-FREE ~VORKPLACE SUBMITTED YES YES NOT REQUIRED COMMENTS **PRICE EXTENSION INCORRECT **PRICE EXTENSION INCORRECT BACKUP/SUPpORT · BACKUP/SUPPORT *BACKUP/SUPPORT DOCUMENTATION SUBMITTED DOCUMENTATION SUBMITTED DOCUMENTATION SUBMITTED ANNUAL BID FOR CUSTODIAL SERVICES FOR CITY FACILITIES "Offem from the vendors listed herein are the only offem BID OPENING DATE: DECEMBER 1, 1999 received timely as of the above receiving date and time. BID #012-2511-00/SP ~1H ~,are hereby rejected as late" VENDORS CLEANING SYSTEMS, INC. GGEDEN MARK MA NT. ENANCE rLB MAINTENANCE INC, 10330 N.W. 55TH STREET 1'323 SOUTH 30TH AVENUE 3.0. BOX 1235 SUNRISE, FL 33351 HOLLYWOOD, FL 33020 3OYNTON BEACH, FL 33425 (954) 341-0000 (954) 925-3989 ',561) 737-7563 JAMES FISCHER RICHARD A. COSBY I'OMMY L, BROWN TOTAL ANNUAL COST $318r, 752,00 *$222,593.00 $374,160.00 (no price given for Location 36) HOURLY RATE PER PERSON FOR EMERGENCY WORK $20.00 $7.95 $18.00 {OURLY RATE PER PERSON FOR SPECIAL PROJECTS $15,00 $7.95 $15,00 OPTIONS; ~ "PICK-UP" OF CURRENT EMPLOYEES ~ $55,400.00 $23,781.00 mo. x 6 mos. $9.00 VINYL FLOOR MAINTENANCE $0.12 per square foot $0.15 per square foot $12.50 (strip/3 coats floor finish) NUMBER OF BID PROPOSALS SUBMITTED 1 1 1 SPECIFICATION "CHECK-OFF" SHEETS SUBMITTED YES YES INCOMPLETE LIST OF 3 SIMILAR CONTRACTS SUBMITTED YES YES YES STAFF LISTING SUBMITTED YES YES NO ANNUAL BID FOR CUSTODIAL SERVICES FOR CITY FACILITIES Offers from the vendom listed herein are the only offers BID OPENING DATE: DECEMBER 1, 1999 received timely as of the above rece v ng date and time. BID OPENING TIME: 2:30 P.M. All other offers submitted in resaonse to this solicitation, BI D #012-2511-00/SP ( ..a0y,.ar9 hpr~y re ected a~ late" ~_ ........ II VENDORS CLEANING SYSTEMS, INC. GULDEN MARK MA NTENANCE ~ fLB MAINTENANCE INC 10330 N.W. 55TH STREET 1323 SOUTH.30TH AVENUE ~.O. BOX 1235 SUNRISE, FL 33351 HOLLYWOOD, FL 33020 3OYNTON BEACH, FL 33425 (954) 341-0000 (954) 925-3989 1561 ) 737-7563 JAMES FISCHER RICHARD A. COSBY 'OMMY L. BROWN MATERIALS/EQUIPMENT LIST I SUBMITTED YES YES NO CONTACT INFORMATION 8UBMII 1 ED YES YES YES STATEMENT OF BIDDER'S QUALIFICATIONS SUBMITTED * YES ** YES YES NONCOLLUSION AFFIDAVIT OF ~ PRIME BIDDER ~ YES. YES INCOMPLETE ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES YES CONFIRMATION OF MINORITY FORM SUBMiTTED/NOT A FORM SUBMITTED/NOT A IS A CERTIFIED MINORITY OWNED BUSINESS SUBMITTED MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE SUBMITTED YES YES YES COMMENTS *BACKUP/SUPPORT SEE NOTATION DOCUMENTATION SUBMITTED *BACKUP/SUPPORT MSDS SUBMITTED )OCUMENTATION SUBMITTED NAME OF BID: BID NUMBER: BID OPENING DATE: BID OPENING TIME: BIDDER'S S~,_,J-IN SHEET (Please Print) ANNUAL BID FOR CUSTODIAL SERVICES FOR CITY FACILITIES 012-2511-00/SP DECEMBER 1, 1999 2:30 P.M. NAME OF COMPANY REPRESENTATIVE ADDRESS PHONE NUMBER FAX NUMBER CITYf STATE & ZIP W/AREA CODE ANNUAL BID FOR CUSTODIAL SERVICES FOR CITY FACILITIES BID DATE: BID TIME: BID #: DECEMBER 1, 1999 2:30 P.M. 012-2511-00/SP STATEMENT OF "NO BIDS" LISTING VENDOR AMERICLEAN SERVICES, INC. 2230-N SPRING HARBOR DRIVE DELRAY BEACH. FL 33445-6902 CUSTOM CARE, INC. 6560 E. ROGERS CIRCLE BOCA RATON, FL 33487 INTER KLEEN 1499 S.W. 30ra AVENUE, SUITE #7 BOYNTON BEACH, FL 33426 MANPOWER 3300 PGA BLVD., SUITE 450 PALM BEACH GARDENS, FL 33410 SERVICE MASTER 3866 PROSPECT AVENUE f/4 W. PALM BEACH, FL 33404 SUN COAST JANITORIAL SERVICES, INC. 5642 CORPORATE WAY W. PALM BEACH. FL 33407 REASON OUR SCHEDULE WOULD NOT PERMIT US TO PERFORM INSUFFICIENT TIME TO RESPOND TO THE INVITATION TO BID IT IS TOO BIG A CONTRACT, AS WE ARE A SMALL COMPANY WE DO NOT OFFER THIS PRODUCT OR AN EQUIVALENT UNABLE TO MEET SPECIFICATIONS UNABLE TO MEET BOND REQUIREMENTS OUR PRODUCT SCHEDULE WOULD NOT PERMIT US TO PERFORM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IV-CONSENT ITEM B. 7 Requested City Commission Meeting Dates [] November 16. 1999 [] December7~ 1999 [] December21, 1999 [] January 4. 2000 Date Final Form Must be Turned Lnto Cib/Clerk's Office November 3, 1999 (5:00 p.m.~ November 17, 1999 (5:00 p.m., December 8, I999 (5:00 p.m.) December 22, 1999 f5:00 p.m.) Requested City Commission Meeting Dateq [] January 18, 2000 [] February 1, 2000 [] February 15,2000 [] March 7, 2000 Date Final Form Must be Turned in ro City Clerk's Office January 5, 2000 ~5:00 p.m.) January 19, 2000 (5:00p.m.) F¢Imlary 2, 2000 (5:00 p.m.) Febraary 16, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Adminisl~'artve [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: A motion to award the "ANNUAL BID FOR READY MIX CONCRETE", Bid #030-1411-00/SP, to FLORIDA ROCK/NDUSTRIES, INC. in the amount of.$41,087.50, (Bid #99- 40/City of Delray Beach lead entity). - CONTRACT PERIOD: IVL~RCIt 8, 2000 TO DECEMBER 31, 2000 EXPLANATION: This is a Joint Bid, with the City of Delray Beach acting as Delray Beach awarded this bid to Callaway Concrete Co. who was not been'ahie lead entity. On November $, 1999, · to execute a signed contract for the prices quoted. Therefore, the City of Delray cancelled the award to C~la~ay Concrete Co. and re-awarded the bid to Florida Rock Industries, Inc. (copies of documentation from the City of Delray Beach are attached). Florida Rock Industries, Inc. is the second low bidder, and has agreed to liold prices until December 31, 2000. John A. Guidry, Utility Director concurs with this request (see attached Utilities Memo Department also concur with this award (see attached Public Works Memo #00-034). Public Works and the Parks g99-225 Revised). PROGRAM IMPACT: The purpose of this bid is to secure a source for the purchase of ready mix concrete for various applications. The largest portion of this bid is utilized by the Utilities Department, but Public Works and the Parks Department also require the use of ready-mix concrete. ALTERNATIVES: FISCAL IMPACT: BUDGET ACCOUNT 001-2730-572.52-75 001-2512-541.53-10 401-2810-536.46-47 401-2815-536.46-42 401c2824-536.63.13 405-5000-590.96-02 WTR054 407-5000-590.96_04 SWR081 ~UDGETEDAMOUN~ $ 625.00 $ 8,300.00 $ 2,100.00 $ 2,100.00 $ 6,400.00 $10,800.00 ~;10,800.00 Parks Dept. Public Works Utilities Dept. Utilities Dept. Utilities Dept. Utilities Dept. Utilities Dept. $41,125.00 eputy Director of Financial Services -- Pr_ocurement Services Department Name Date ty Manager's Signature City Attomev/ Finano~, ~ ~ /ktr Attachments cc: John Guidry, Utilities D/rector Barb Conboy, Utilities Chris Roberts, Interim Public Works D/rector John Wildner, Parks Depamnem File TO: FROM: DATE: SUBJECT: MEMORANDUM Utilities ~00-034 B/Il Atk/ns, Deputy Director- Financial Services Utilities Director ~ February 7, 2000 ~} RECEIVED FEB t 6 ~nll Co-Op Bid - Ready Mix Concrete Bid #030-1411-00/SP Agenda Item In December 1999, the Utilities Department recommended Callaway Concrete Company be awarded the annual Co-op Bid, Ready Mix Concrete - Bid #99-40 (see attached Utilities Memo #99-333). Callaway Concrete has now refused to sign the contract to provide their services to both the City of Boynton Beach and the City of Delmy. After reviewing the bid document for Ready Mix concrete, the Utility Department recommends awarding the bid to the next lowest bidder, Florida Rock Industries. Florida Rock Industries has agreed to hold prices as stated until December 31, 2000. The total annual bid price is estimated at $41087.50. Funds are available in various Utilities accounts and, based on the schedtding of projects, we estimate the fo/lowing expenditures for Ready Mix Concrete: 401-2810-536-46-47 401-2815-536-46-42 401-2824-536-63-13 405-5000-590-96_02 WTR054 407-5000-590-96.04 SWR081 $ 2,100.00 2,100.00 6,400.00 10,800.00 10800.00 Please present this request for award at the next City Commission Meeting for approval. If additional information is needed, please contact Mark Law at ext. 6403 or Jim Hart at ext. 6422. /gb Attachments Xc: Mark Law Jim Hart Tony Lombardi Fred Ireland Barb Conboy TO: VIA. FROM: DATE: SUBJECT: PUBLIC WORKS DEPARTMENT MEMORANDUM ~99-225 (Rev/sed) Bill Atkins, Deputy Finance Director Chris Roberts, Inter/m Public Works r~;__ _ ~ ~t ~c[or George Mantel/, Roads & Streets Supervisor February 22, 2000 Ready Mix Concrete Bid Award Please award th/s Joint Bid with the City of Delray Beach (Delray Bid #99-40) to the low bidder, FLORIDA ROCK, to reflect the £ollowmg. ~ular~: 137 cubic yards ~ $60.50 per cubic yard Budget Account #001-2512-541-53_10 = 58,288.50* 10.33 cubic yards @ $60.50 per cubic yard Budget Account #Parks = $624.97 *This is the funding budgeted in Roads & Streets a~d does not reflect any increases that will result from charge-backs for such projects as utility restorations, park equipment installations, etc. utili2ing the 3,000 PSI Type I, the 4,000 PSI Type I, or the additional 2,500 PSI Regular Stamp Mix. Please contact me if you need any additional infoi-mariun. PL/GM/pl ~ ~/~,~f~-~,'~z'.~-f.,~_ - ........... CITY OF DELRAY BEACH 7'%,'~'~"'~'-'-'~ '~'~"~ ~'~ - MA~ LAW, DEPUTY DIRECTOR OF UTILITIES BILL ATkINS, DEPU~IrD1RECTOR OF FINANCIAL SERVICES BID#99~40 READY MIX CONCRETE ANNUAL CONTRACT CITY OF DELRAY BEACH ITEM ESTIMATED Callaway Florida Rock CSR Rinker # DESCRIPTION QUANTITY Concrete Co Industries Materials 1 2,500 PSI Type I Ready Mix 500 cu yd $54.00/cu yd $56,50/cu yd $59.00/cu yd 2,500, 28 days strength) PSi $27,000.00 lyf $28,250.00/yr $29,500.00/yr 2 3,000 PSi Type I Ready Mix 100 cu yd $57.00/cu yd $58.00/cu yd $61.00/cu yd (3,000, 28 days strength) PSI $5,700,00/yr $5,800.00/yr $6,100.00/yr 3 4,000 PSi Type I Ready Mix 100 cu yd $63.00/cu yd $80.10/cu yd $65.00 /cu yd (4,000, 28 days strength) PSI $8,300.00 lyf $6,010 00 lyf $6,500.00/yr 4 100 PSI FIowable Fill Ready Mix 50 cu yd N/A $53.00/cu yd $54.00 /cu y.d (100, 28 days strength) PSI N/A $2,650.00 lyf $2,700.00 lyf 5 3,000 PSi - Pearock Pump Mix 100 cu yd $69.00/cu yd $62,00/cu yd $69.00/cu yd $6,900.00 lyf ~ $6,200.00/yr $6,900.00/yr 6 2,500 PSI Regular Stamp Mix 500 cu yd $54.00./cu.yd $87.50/cu yd $61.00/cu yd $27,000;00/yr ~ $28,750.00/yr $30,500.00/yr SRAND TOTAL BID PRICE FOR CITY OF DELRAY BEACH $72,900.00/yr $77,660.00/yr $82,200.00 lyf CITY OF BOYNTON BEACH ITEM ESTIMATED Callaway Florida Rock CSR Rinker # DESCRIPTION QUANTITY Concrete Co Industries Materials 1 2,500 PSI Type I Ready Mix 150 cu yd $54.00/cu yd $59.50/cu yd $59.00 /cu yd 2,500, 28 days strength) PSI $8,100.00 lyf $8,925.00/yr $8,850.00/yr 2 3,000 PSi Type I Ready Mix 150 cu yd $57.00/cu yd $61.00/cu yd $61.00/cu yd 3,000, 28 days strength) PSI $8,550.00/yr $9,150.00 lyf $9,150.00/yr 3 4,000 PSI Type I Ready Mix 125 cu yd $83.00/cu yd $83.10/cu yd $65.00/cu yd 4,000, 28 days strength) PSI $7,875.00/yr $7,887.50 lyf $8,125.00/yr 4 100 PS[ Flowable Fill Ready Mix N/A N/A N/A N/A (100, 28 days strength) PSI N/A N/A N/A 5 3,000 PSi - Pearock Pump Mix N/A N/A N/A N/A N/A N/A N/A 6 2,500 PSI Regular Stamp Mix 250 cu yd $54.00/cu yd $60.50 /cu yd $61.00/cu yd $13,500.00 /yr $15,125.00/yr $15,250.00 lyf GRAND TOTAL BID PRICE FOR CITY OF BOYNTON BEACH $38,025.00/yr $41,087.50/yr $41,37&00/yr ,;:/flnancelpurchasinglreadyrnix.xls/10129199 ~ 1 of 2 CITY OF DELRAY BEACH BID #99-40 READY MIX CONCRETE ANNUAL CONTRACT ~,dditional Comments: ~- Callaway Florida Rock CSR Rinker Concrete Co Industrle~ Materials Delivery within 24 hours after receipt of order? YES NO NO Exception to 24 hour notice? Yes, under normal conditions 2-3 days Any additional delivery charges. Delivery on short loads. ~hort loads under 5 yards is Minimum load charge for less 1 cu yd $80.00 $75.00. than 5 yards is $75.00. 1-1/2 cu yd $80.00 2 cu yd $75.00 After hours (between 5:00 pm Environmental load charge 2-1/2 cu yd $65.00 and 6:00 am) is $500.00. ;6.00/load. 3 cuyd $55.00 ... 3-1/2 cu yd -$40.00 ' Weekends are $500.00 4 cu yd $30,00 4-1/2 cu yd $20,00 Holding Time $1.00 per rain. 5 cu yd $10.00 after 60 minutes. Page 20, Item 5: We deliver in cubic yards not weight. Page 20, Item 6: We allow 10 min. or 1 hr. per 10 cu yds. We're not strict about it, it's lust a guideline. k...:~:lfinancelpurchasinglreadymix.xlsll 0/29/99 2 of 2 Requested City Commission Meetin~ Dates [] Noveraber 16, 1999 [] December 7_ 1999 [] December21, 1999 [] January 4, 2000 IV-CONSENT AGENDA ITEM C.! CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cite Clerk's Office November 3, 1999 (5:00 p.m.) November 17, 1999 {5:00 pron.) Decembor 8. 1999 (5:00 p.m.I December 22. 1999 [5:00 p.m.) Date Final Form Must b~ Turned to Cit~ Clerk's Office Sanuasy 5, 2000 (5:00 p.m.) January 19, 2000 (5:00 p.m.) Fe, bmaty 2, 2000 (5:00 p.m.) February 16, 2000 [5:00 p.m,! NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Annoanc~aent [] Presentation Approve the $1 million tri-party Interleeal Agreement between Palm Beach County, Boynton Cultural Centre, Inc. and the CitT~ofBoynton Beach for funding the capital improvements and exhibits for the 1913 Schoolhouse Museum. EX]PLANATION: On March 9, 1999, Palm Beach County voters approved a $25 million bond referendum for issuance of general obligation bonds for certain recreation and cultural facilities. This agreement represents one such project and the authorization to expend those funds. PROGRAM IMi~ACT: The purpose of this Interlocal Agreement is to enhance recreational and culturai facilites to increase opportunities for use and benefit of all residents of Palm Beach County. Approval will provide SV~aillien of funding for the design, construction and hcqulsition for the exhibits for the 1913 Schoolhouse Museum/ FISCAL IMPACT: Boynton Cultural Centre, Inc. will assume the responsibility of design, construction and payment of the project and shall be paid.by the County on a reimbursable basis. ALTERNATIVES: The City_of Boynton B,_____?ch would assume responsibility for funding the exhibits., ,, p s signa~ J/fiity ~ana~ s slgn~t~e - Library CJ~OZ/~/~ 4/9/~z4,~. ~x~ Department Name y /'L~ty Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY, THE CITY OF BOYNTON BEACH AND THE BOYNTON CULTURAL CENTRE, INC., FOR FUNDING OF THE 1913 SCHOOLHOUSE MUSEUM IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach (Municipality) owns property located at 129 East Ocean Avenue in the City of Boynton Beach, Florida; and WHEREAS, the Municipality and Boynton Beach Cultural Centre, Inc., (Agency) have entered into a Management Agreement dated June 9, 1999; and WHEREAS, the Agency has requested financial participation from Palm Beach County (County) in the design, construction and acquisition of said project; NOW, THEREFORE, BE IT, RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1, Upon recommendation of staff, this Commission does hereby authorize and direct the Mayor and City Clerk to execute an Intedocal Agreement between Palm Beach County, the City of Boynton Beach and the Boynton Beach Cultural Centre, Inc., for funding of the 1913 Schoolhouse Museum Improvements. ~ That this Resolution shall become ~mmediately upon passage. PASSED AND ADOPTED this ATTEST: City Clerk (Corporate Seal) effective day of February, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner Department of Parks and Recreat/on 2700 6th Avenue South Lake Worth, FL 53461 (5617 966-6600 FAX: (561 642-2640 www. co.paJm-beach.fl.us County Administrator January 19,2000 Arleen Dennison, Director Boynton Cultural Centre, Inc. 208 S. Seacrest Blvd. Boynton Beach, FL 33435 RE: Interlocal Agreement for 1913 Schoolhouse Museum Improvements - 1999 Recreational and Cultural Facilities Bond Dear Ms. Dennison: Attached are three originals of a tri-party Interlocal Agreement for funding in an amount up to $1,000,000 for the 1913 Schoolhouse Museum Improvements project. The exhibits you provided are attached to each Agreement. Please have the ntedocal Agreements executed by the Boynton Cultural Centre, Inc. and the City of Boynton Beach and return all three complete originals plus the required insurance certifications (see Page 8, Section 12) to Susan Yinger, Contract/Grant Coordinator. We will then place the Interlocal Agreement on the Agenda for approval of the Board of County Commissioners. If you have any questions on the Agreement, please contact Ms. Yinger at 966-6653. ' We are eager to see the results of this exciting project! 'An Equal Opportunity Affirmative Action Employer" Dennis L. Eshleman, Director Parks and Recreation Department DLE:SWY Attachments Copy to: Commissioner Mary McCarty, District 4 Gerald Broening, City Manager Jean Creamer, Assistant County Administrator Paul King, Assistant County Attorney Bill Mason, Risk Manager Tim Granowitz Bill Wilsher INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY, THE CITY OF BOYNTON BEACH, AND THE BOYNTON CULTURAL CENTRE, INC., FOR FUNDING OF 1913 SCHOOLHOUSE MUSEUM IMPROVEMENTS THIS INTERLOCAL AGREEMENT is made and entered into this day of ,2000, by and betWeen PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", The City of Boynton Beach, a Florida Municipal Corporation, hereinafter referred to as "MUNICIPALITY" and th- Boynton Cultural Centre, Inc., a Florida not-for-Profit corporation, hereinafter re~erred to a~ "AGENCY ". WITNESSETH: WHEREAS, MUNICIPALITY owns property located at 129 East Ocean Avenue in Boynton Beach; and WHEREAS, MUNICIPALITY and AGENCY have entered into a Management Agreement dated June 9, 1999, which is on file with MUNICIPALITY'S Clerk's office; and WHEREAS, AGENCY desires to design, construct, and acquire exhibits and other capital improvements for the 1913 Schoolhouse Museum, hereinafter referred to as "the Project" at said location; and WHEREAS, AGENCY has asked COUNTY to financially participate in the design, construction and acquisition of said project; and WHEREAS, on Mamh 9, 1999, a bond referendum was passed by the voters of Palm Beach County for the issuance of general obligation bonds for the purpose of financing the acquisition, construction, and/or improvements to certain recreation and cultural facilities, in the principal amount of $25 Million; and WHEREAS, on July 27, 1999, COUNTyapproved a recreation and cultural facilities project list and proposed funding allocations for the $25 Million Recreation and Cultural Facilities Bond; and WHEREAS, the Project represents one such recreation/cultural project enumerated in the $25 Million Recreation and Cultural Facilities Bond; and WHEREAS, AGENCY desires to operate and maintain the Project upon its completion; and WHEREAS, the Project shall be open to and benefit all residents of Palm Beach County; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into Intedocal Agreements w th each other to jointly exercise any power .privilege, or authority which such agencies share in common and Which each might exercise separately; and WHEREAS, all parties desire to increase the recreational and cultural opportunities for residents of Palm Beach County and to enter into this Intedocal Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and are ~ncorporated herein as if fully set forth, Section 1.02 The purpose of this Intedocal Agreement is to enhance recreational and cultural opportunities for use by the public and thereby provide a mechanism for the COUNTY to assist AGENCY in the funding of the Project. Section 1.03 COUNTY will pay to AGENCY a total amount not to exceed $1,000,000 for the design, construction and acquisition of the Project as more fully described in the Project Description and Conceptual Site Plan attached hereto and made a part hereof as Exhibit Section 1.04 MUNICIPALITY and AGENCY agree to provide funding in an amount of $ 0 to complete the Project. .Section 1.05 COUNTY's representative dudng the design and construction of the Project shall be the Director of Parks and Recreation, Palm BeaCh County Parks and Recreation Department, telephone no. (561) 966-6685. ~IClPALITY and AGENCY's representative during the design, construction and acquisition of the Project shall be Arleen Dennison, Head of Special Services/Executive Director, telephone no. (5611 742-6387. .Sect on 1.06 AGENCY shall design, construct and acquire the Project upon property owned by MUNICIPALITY as more fully descnbed m Exhibit B attached hereto and made a part hereof. Section 1.07 AGENCY shall utilize its procurement process for all design, construction and acquisition services required for the Project. Said procurement process shall be consistentwith all federal, state and local laws, rules and regulations. COUNTY shall have no contractual obligation to any person retained by AGENCY with regard to the Project. Any dispute, claim, or liability that may adse as a result of AGENCY's procurement is 2 solely the responsibility of AGENCY and AGENCY hereby holds the COUNTY harmless for same to the extent permitted by law and subject to the limitations of Section 768.28, Flodda Statutes. ARTICLE 2: DESIGN AND CONSTRUCTION Sect on 2.01 AGENCY shall be responsible for the design and construction of the Project. AGENCY shall design and construct the Project in accordance with Exhibit "A" (Project Description and Conceptual Site Plan), attached hereto and made a part hereof, and with all applicable federal, state and local laws, rules and regulations. Section 2.02 Prior to or upon execution of this Intedocal Agreement by the parties hereto, AGENCY shall initiate its procurement process to select the necessary professional engineer and/or archi~ct to perform all engineering and/or architectural design work, including, but not limited to, the preparation of plans, permits and specifications necessary for the design and construction of the Project. Section 2.03 AGENCY shall provide a copy of the design professional's, engineer's and/or architect's programming phase documents (i.e., site plan, floor plan, elevations, etc.) to the COUNTY's Representative for review. The COUNTY's Representative shall review said programming phase documents to ensure consistency with the intent of this Intedocal Agreement; If no comments are received within thirty (30) days the documents will be presumed to be approved. ..Secton 2.04 AGENCY shall be responsible for securing all permits and approvals necessary to construct the Project. Section 2.05 Pdor to AGENCY commencing construction of the Project, AGENCY shall provide a copy of a plans and specifications along with the associated costs thereof to the COUNTY's Representative for review of same to ensure consistency with the intent of this Intedocal Agreement. Section_ 2.06 AGENCY agrees to totally complete the Project and open same to the public for its intended use within thirty six (36) months from the date of execution of this Intedocal Agreement by the parties hereto. Upon notification to the COUNTY at least ninety (90) days prior to that date, AGENCY may request an extension beyond this pedod for the purpose of completing the Project. COUNTY shall not unreasonably deny AGENCY's request for said extension. Section 2.07 AGENCY shall submit quarterly project status reports to the COUNTY's Representative on or before January 10, Apdl 10, July 10, and October 10 during the design and construction of the Project. These Quarterly reports shall include but not be limited to, a summary of the work accomplished, prob ems encountered, percentage ,,o.f completion, and other information as deemed appropriate by the COUNTYs Representative. ARTICLE 3: FUNDING Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove shall be paid by COUNTY to AGENCY on a reimbumable basis. Any costs incurred in connection with the Project in excess of that amount shall be the sole responsibility of AGENCY. Should the total cost of the Project exceed the amount as projected by AGENCY, AGENCY shall appropriate and expend the excess funds required for completion of the Project. The COUNTY shall notdispense any funds to AGENCY for the Project until AGENCY has appropriated and expended said excess funds forthe Project. Section 3.02 The COUNTY shall reimburse project costs under the terms of this Agreement to AGENCY on a quarterly basis from the date of execution of this Intedecal Agreement ,however, should the need arise !,o.r AGENCY to. be reimbursed on a more frequent basis, then ~OUNTY will, at AGENCY s specific request for each instance, make its best efforts to reimbume AGENCY within forty five (45) days. of suc,,h, spec al request. For each requested payment, AGENCY shall prov de to the COUNTY s Representative a fully commie!ed a~d executed Contract Payment Request Form and a Cont.ra. ctual Se~ices Purchase Schedule Form, attached hereto and made ; Exh b t"C" Said f°rms shall'include informatior~ Ii and shall with the n~ a copy check ~ byAGENCY along of each respective Fina~ Schedule was pa d by Section 3.03 The COUNTY shall retain not less than ten percent (10%) of the total amount allocated AGENCY for the Project until AGENCY completes the Project and provides COUNTY with a Project Completion Certification, and theCOUNTY receives and approves all documentation as required n accordance with this ntedocal Agreement. The COUNTYs representative shall visit the Project site to verify and approve said final reimbursement. Section 3.04 AGENCY shall provide a request for final reimbursement to the COUNTY ~o later than ninety (90) days following completion of the Project and provision a Project Completion Certification to the County. .Section 3.05 The County agrees to reimburse AGENCY an amount not to exceed $456,000 for those approved pre-agreement costs accruing to the Project subsequent to Mamh 9, 1999, as more fully described in Exhibit "D", Cost Estimate and Pre-Agreement Cost List. 3.06 For construction projects fully funded by the County Bond, no more than 10% of the Bond funding for the project shall be used for design and engineering costs forthe project and be eligible for reimbursement under this Agreement. ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE OF THE PROJECT .Sect on 4.01 Upon completion, the Project shal remain the property of the AGENCY. The COUNTY shall not be required to pay AGENCY any additional funds for any other capital improvement required by or of AGENCY. Section 4.02 AGENCY hereby warrants and represents that it has full legal authority and financial ability [o operate and maintain said Project. AGENCY shall be responsible for all Costs, expenses, f~es and charges, and liability related to the operation and maintenance of the Project. Section 4.03 AGENCY shall operate and maintain the Project for its intended use by the general public for a term of thirty (30) years from the execution of this Intedocal Agreement by the parties hereto. AGENCY shall maintain the Project in accordance with industry i~tandards for such facilities to prevent undue deterioration and to encourage public use. Sect on 4.04 The rights and duties arising under this Intedocal Agreement shall inure to the benefit of and be binding upon the parties hereto and,their respective successors and assigns. MUNICIPALITY and AGENCY may not assign this Inter~ocal Agreement or any interest hereunder without the express prior written consent of the COUNTY. .Sect on 4.05 It is the intent of COUNTY to issue this ~tmding assistance to AGENCY for the purpose set forth hereinabove. In the event AGENCY transfers ownership of the Project to a party or parties not now a part of this Intedocal Agreement, other than another govemmental entity that'agrees to assume, in writing, AGENCY's obligations hereunder, COUNTY retains the right to reimbursement from AGENCY for its participation to the full extent of the funding assistance awarded to accomplish the Project. Should AGENCY transfer management of the project to a party or parties not now a part of this Intedocal Agreement, MUNICIPALITY and AGENCY shall continue to be responsible for the liabilities and obligations as set forth herein. Further, MUNICIPALITY and AGENCY shall not transfer management of the Project to a third party without 'the written consent of the COUNTY. 5 ARTICLE 5: USE OF THE PROJECT .Section 5.01 MUNICIPALITY and AGENCY warrantthat the Project shall serve a public recreational or cultural purpose and be open to and benefit all residents of Palm Beach County and shall be available thereto on the same cost and availability basis as to residents of MUNICIPALITY. MUNICIPALITY and AGENCY shall not discriminate on the basis of race, color, sex, national odgin, age, disability, religion, ancestry, marital status or sexual orientation with respect to use of the Project. Section 5.02 The term of this Intedocal Agreement shall be for a period of thirty (30) years commencing upon the date of execution of this Inter °cai Agreement by the parties hereto. M. U. NiCIPAI~ T~ and AGENCY shail restrict its use of the Project to r~crea~ional, cultural, c~vlc, eduCational, cOmmun ty and social purposes only unless otherwise agreed to in writing by the parties hereto. Section 5.03 AGENCY shall affix a permanent plaque or marker in a prominent location at the~completed Project indiCat ng that the COUNTY was a contributor to the development of the Project. Said plaque or marker shall include the Co,u, nty sea and a st of County Commissi~)ners, unless (~therwise directed by the COUNTY s Representative. ARTICLE 6: ACCESS AND AUDITS AGENCY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the design, construction and acquisition of the · Project for at least five (5) years after the end of the fisca year in wh ch the flna payment is released by the couN'~-~(, except that such records shall be retained by AGENCY until final resolution of matters resulting from any litigation claim, or spec a audit that starts prior to the expiration of the five (5) Year pedod. The ~)UN~' reserves the right, upon reasonable request and dudng normal business hours, to inspect said Project and shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit. ARTICLE 7: -NOTICES Any notice given pursuant to the terms of this Intedocal Agreement shall be in writing and hand delivered or sent by Certified Mail, Return Receipt Requested. All notices shall be addressed to the following: As to the COUNTY: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, FL 33461 As to MUNICIPALITY: City Manager City of Boynton Beach City Hall 100 East Boynton Beach Boulevard Boynton Beach, FI 33435 As to AGENCY: Director Boynton Cultural Centre, Inc. 1913 Schoolhouse Museum 129 East Ocean Avenue E~oynton Beach, FI 33435 ARTICLE 8: TERMINATION FOR NON-COMP LIANCE The COUNTY may terminate this Intedocal Agreement upon wdtten notice to MUNICIPALITY and AGENCY for non-compliance by MUNICIPALITY and/or AGENCY in the performance of any of the terms and conditions as set forth herein and where · MUNICIPALITY and/or AGENCY does not cure said non-compliance within ninety (90) days of receipt of written notice from the COUNTY to do so. Further, if MUNICIPALITY and/or AGENCY does not cure said non-compliance within the time frame specified above, then upon written notice, the COUNTY may require AGENCY to reimburse any funds provided to AGENCY pursuant to this Intedocal Agreement either in whole or in part once the COUNTY has reasonably determined that no other remedy is available. The AGENCY is not responsible for acts or omissions of the MUN CIPALITY. ARTICLE 9: REMEDIES This Intedocal Agreement shall be govemed by the laws of the State of Florida. Any and all legal action necessary to enforce the Intedocal Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any dght, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties hereto may pursue any and all actions available under law to enforce this Interlocal Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. ARTICLE 10: FILING A copy of this Intedocal Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. ARTICLE 11: INDEMNIFICATION AGENCY shall indemnify, defend, and hold harmless COUNTY against any actions, claims, or damages arising outofAGENCY's negligence in connection with this Intedocal Agreement to the extent permitted by law. The foregoing indemnification shall not constitute a waiver 0fsovereign immUnity beyond the limits set forth in Section 768.28, Florida Statutes, norshallthesamebeconstruedtoconstitute agreement te indemnifythe County for the County's negl gent acts or omiss ons. It is understood and agreed that AGENCY s merely a recipient of County funding and s an independent contractor and is:not an agent, servant or employee of COUNTY or its Board (~f County Commissioners, In the event a claim or lawsuit is brought against COUNTY or any of its officers, agents or employees AGENCY shall indemnify, save and hold I~armless ~nd defend' the COUNTY, its i)fficers, agents, and/or emp oye~.s from and against anYand all Cia!ms; liabilities, losses, judgments and/or causes of act on of anytype ar~'iving odt of Or relating to any idt~ntional or negligent act or omiss on of AGEN(~Y, its agent~, servants'and/o~ emPl0~s in the performance of this Agreement. ARTICLE 12: INSURANCE Without waiving the dght to sovereign immunity as provided by Section 768.28, Flodda Statutes, the MUNICIPALITY acknowledges to be self-idsured for General Liability under Flodda sovereign immunity statutes with coverage limits of $100,000 per person and $200,000 per occurrence; (~r such monetary waiyer limitSthat may change and be set forth by the legislature. AGENCY agrees to maintain third-party Commercial General Liability insurance at limits not less than $500,000 combined single limit for bodily injury or property damage. With respect to Commemial General Liability, AGENCY agrees to add the COUNTY as an "Additional Insured". Any claims-bill tailored coverage shall not be considered third-party liability for the purpose of this paragraph. The MUNICIPALITY agrees to maintain or to be self-insured for Workers' Compensation and Employer's Liabili .ty insurance ~n accordance with Chapter 440, Florida Statutes. The MUNICIPALITY and AGENCY agree to maintain or acknowledges to be self-insured 8 for property insurance, which would include builder's risk insurance while the project is in the course of construction in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum; thereafter, Ali-Risk property insurance for adequate limits based on the MUNICIPALITY and AGENCY'S replacement cost or probable maximum loss estimates for the peal s of either fire, wind, or flood. MUNICIPALITY and AGENCY shall agree to be fully responsible for any deductible or self- insured retention. The MUNICIPALITY and AGENCY shall agree to provide a statement or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status, which COUNTY agrees to recognize as ai:ceptab e for the above mentioned co~;erages. /~ompliance with the foregoing requirements sha not relieve MUNICIPAL TY and GENCY of its liability and obligations under this lntedocal Agreement. ARTICLE 13: CAPTIONS The captions and section designations herein set forth are for convemence only and ~h'all have ne substantive meaning. ARTICLE 14: SEVERABILITY . If any term or provision of this Intedocal Agreement, or the application thereof to any person or clmumstance, shall to any extent be held invalid or unenfomeable, the remainder of this I ntedocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenfomeable, shall not be affected, and every other term and prevision of this I ntedecal Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE '15: ENTIRETY OF AGREEMENT This Interlocal Agreement represents the entire understanding between the COUNTY, MUNICIPALITY, and AGENCY, and supersedes all other negotiations, representations or a .gr.eements, either wdtten or oral, relating to this Interlocal Agreement. None of the prev~sfons, terms and conditions contained in this Interlocal Agreement may be added to, modified, superseded Or otherwise altered, except by written instrument executed bythe parties hereto. -' IN WITNESS WHEREOF, the parties have caused this Intedocal Agreement to be executed on the day and year first above wdtten. ATTEST: DOROTHY H. WILKEN, CLERK PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Chair ATTEST: CITY OFBOYNTON BEACH By:. By: Clerk Mayor WITNESSES: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BOYNTON CULTURAL CENTRE, INC, Tax I.D. # By:, Joan DuBois Name (Type or Pdnt) Title: Chairman By: Signature APPROVED AS TO FORM AND LEGAL SUFFICIENCY By:. By: County Attomey Municipality Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Agency Attorney 10 LIST OF EXHIBITS EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D Project Description and Conceptual Site Plan Legal Description of Property Contract Payment Request Form (Page 1 of 2)and Contractual Services Purchase Schedule Form) (Page 2 of 2) Cost Estimate and Pre-Agreement Cost List EXHIBIT A PROJECT DESCRIPTION AND CONCEPTUAl, SITE PLAN EXHIBIT A PROJECT DESCRIPTION AND CONCEPTUAL SITE PLAN 1913 CHILDREN'S MUSEUM INTERIOR EXHIBITS BOYNTON CULTURAL CENTRE, INC. PROJECT DESCRIPTION The Museum is approximately 7,000 square feet in size, and there are a total of 6 ~-~? ~-":'--~Z~ ~g~ft ;~n_op, ana s. tm~ omce~s, and p?ten_~.al exhibition space in hallway and mrge sraLrweu. ~ne nmas are to oe uses as per the following breakdown: DESIGN SERVICES $100,000 Design services include: 1) development of the inter/or exhibit designs, media software and hardware designs, gift shop and office space designs, interior and exterior s/gnage designs 2) development of construction spedfications and fabrication requirements 3) review of construction bids, and 4) supervision of construction, fabrication and installation of the exhibits, including interior and exterior signs FABRICATION AND CONSTRUCTION $900,000 Attached is a floor plan of the building. The exhibits will be designed around the following themes: · Agriculture-including the dairy industry, vegetables and produce, the farmi,~g, shipping and market cycle, and the early fishing industry · Commurllcation and technology-PaSt, present and future, with an emphasis on medical applications as well · Boynton Beach and expanded southern Palm Beach County area-historical roots, comm~]n{ty archive and historical photo areas · Gallery space constructed for rotatir~g exhibits from other Museums · Gift store · St~ff space The building has been recently completel.v renovated to include an elevator, updated electric, plumbing, HVAC, a new roof, and some underground cabling to accommodate future computer hookups. This phase of the project will include free standing consh-uctlon of exhibits, (including the purchase of components fabricated off-site and installed on site, such as a~imatr0nic figures, scale models, etc.) construction of wall unit built-ins as required, additional media or hardware equipment wiring as required, sectioning the building as needed for staff and gift shop space, or in other words all work necessary to turn an empty building into an active Children's Museum as per the above stated design requirements. OC~¥NTO~ ~EA~-.t-I Iql~5 / / / EXHIBIT B LEGAL DESCRIPTION OF PROPERTY EXHIBIT B LEGAL DESCRIPTION OF PROPERTY Property Address Legal Description Property Zoning Owner 129 East Ocean Avenue Boynton Beach, Florida 33435 SAWYERS ADD LTS 2 TO 5 INC, LT 6 (LESS W 75 FT OF S 204.65 F~ W 9.95 FT IF N 68.50 FT & 20 FT Public Usage City of Boynton Beach EXHIBIT C CONTRACT PAYMENT REQUEST FORM AND CONTRACTUAl. SERVICES PURCHASE SCHEDULE FORM PALM BEACH COUNTY EXHIBIT PARKS AND RECREATION DEPARTMENT Grantee Billing ~ CONTRACT PAYMENT REQUEST (Project) Request Date Billing Period Item Consulting Services Contractual Services Materials, Supplies, Direct Purchases Grantee Stock Equipment, Furniture TOTAL PROJI:CT COSTS Certification: I hereby certify that the above ~'ore incurred for the work identified as being ~mplished in the attached progress reports. Administrator/Date PROJECT PAYMENT SUMMARY Project Costs Cumulative This Billlng Project Costs Total Project Costs Certification: I hereby certify that the documen- tation has been maintained as required to support the project expenses reported above and is avail- able for audit upon request. Financial Officer/Date PBC USE ONLY County Funding Participation Total Project Cost Total project costs to date County obligation to date County retainage ( %) County funds previously disbursed County funds due this billing Reviewed and Approved by: $. $ ( ( $ PBC Project Administrator/Date Department Director/Date 1 OF2 PALM BE~ .! COUNTY PARKS AND RECRL,. ION DEPARTMENT CONTRACTUAL SERVICES PURCHASE SCHEDULE EXHIBIT C (Project) Grantee Billing # Billing Date Billing Period Contractor Name Contractor City Check or Project Invoice Number Voucher Number Amount Paid General and date and date this period Description Certification: I hereby certify that the purchase!noted above were used in accomplishing the project. \ Administrator (Date) TOTAL Certification: I hereby certify that bid tabulations, executed contract cancelled checks, and other purchasing documentation have been maintained as required to support the costs reported above and are available for audit upon request. Financial Officer (Date) 20F2 EXHIBIT D PROJECT COST ESTIMATE AND PRE-AGREEMENT COST LIST Note: Costs must be for eligible project expenses incurred subsequent to March,9, 1999 EXHIBIT D PROJECT COST ESTIMATE AND PRE-AGREEMENT COST LIST Project Cost Estimates The following estimates are for thc design, acquisition and construction of the exhibits and space at the 1913 Schoolhouse Museum. ' Museum Exhibition Design Fee Concept design * Construction/Production Documents · Fabrication/Installation Supervision · Follow-up Evaluation 100,000.00. Consumction Budget · Fabrication Contractor · Exhibition Galleries · First Floor- 700 sq, ft ~ $165 sq. · Second Floor- 2600 sq. ft. (~ $165 sq. ft. Rotating Exhibition · First Floor- 920 sq. ft. ~ $125 sq. ft. · Archive Gallery · First Floor- 920 sq. ft. ~ $175 sq. ft. Total Budget 80,000.00* 115,000.00 429,000,00 115,000.00' 161,000.00' $1 ~000,000~00 Pre-Agreement Cost List A Request for Proposal for Museum Exhibition Design has been issued and is due for review on Friday, December 10, 1999. SUbsequently, we will advertise for a museum fabricator. Both pm will be asked to enter into a contractual agreement with the Boynton Cultural Centre, Inc. for their services. These services are direct costs related to the intent and purpose of this Agreement. Since this tri-party Agreement must still be finalized between Palm Beach County, the City of Boynton Beach and the Boynton Cuitural Centre, Inc., it is requested that $456,000.00 of the above budget items that are designated with an * bc available as Pre-Agreement Costs, so this project can get underway. Requested City Commission Meetine Dates [] Novemberl6. 1999 [] December7. 1999 [] December21, 1999 [] January 4, 2000 IV-CONSENT AGENDA ITEM C.1 CITY OF BOYNTON BEACt AGENDA ITEM REQUEST FORM Date Final Form Must be Turnetl /nto City Clerk's Office November 3, 1999 (5:00 p.m.) November 17. 1999 (5:00 pan. I December 8, 1999 (5:00 p.m.) December 22. 1999 (5:00 p.m.) Requested Ciiy Commission _Meeting Dates [] Janua~ 18,2000 [] Febnla~ 1, 2000 [] February 15, 2000 [] March ~, 2000 NATURE OF AGENDA ffEM RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation Approve the $1 million tri-party Interlocal Agreement between Palm Beach County, Boynton Cultural Centre. Inc City of Boynton Beach for fimdmg the capital improvements and exhibits for the 1913 Schoo~ouse Museum. . and the EXPLANATION: On March 9, 1999, Palm Beach County voters approved a $25 million bond referendum for issuance of general obligation bonds for certain recreation and cultural facilities This ao*eement r~reSents ..... L ..... · r:,. ,4, oue SUCh project aha the authorization to expend those funds. - PROGRAM IMPACT: The purpose of this Interlocal Agreement is to enhance recreational and cultural facilites to increase opportunities for use and benefit of all residents of Paim Beach County. Approval will provide $1~million of funding for the design, construction and acqmsition for the exhibits fbr the 1913 Schoolhouse Museum.- FISCAL IMPACT: Boynton Cultural Centre, Inc. will assume the responsibility of design, construction and payment of the project and shall be paid by the County on a reimborsable basis. ALTERNATIVES: rhe City of Boynton Beach would assume responsibility for funding the exhibits., Department Head's Signature ///City Manag&ls S~gnamre - Department ,// / C~ly Attorney / Finance / Human Resources SABULLETINXFORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLOR D~, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOC/,L AGREEMENT BETWEEN PALM BEACH COUNT(, THE CITY OF BOYNTON BEACH AND TF BOYNTON CULTURAL CENTRE, INC,, FC FUNDING OF THE 1913 SCHOOLHOUSE, MUSEI IMPROVEMENTS; AND PROVIDING EFFECTIVE DATE. E R WHEREAS, the City of Boynton Beach (Municipality) owns property located at 129 East Ocean Avenue in the City of Boynton Beach, Florida; and WHEREAS, the Municipality and Boynton Beach Cultural Centre, Inc., (Agency) have entered into a Management Agreement dated June 9, 1999; and WHEREAS, the Agency has requested financial part c pation from Palm Beach County (County) in the design, construction and acquisition of said project; NOW, THEREFORE, BE IT, RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1, Upon recommendation of staff, this Commission does hereby authorize and direct the Mayor and City Clerk to execute an Intedocal Agreement between Palm Beach County, the City of / Boynton Beach and the Boynton Beach Cultural Centr;, Inc., for funding of the 1913 Schoolhouse Museum Improvements. Section2 That this Resolution shall become immediately upon passage. PASSED AND ADOPTED this ATTEST: City Clerk (Corporate Seal) effective day of February, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner Palm Beach County Board of County Commissioners Maude Ford Lee. Chair "-ten H Newell, Vice Chairman Raren ~E Marcus Carol A. Roberts Mary McCarty Burr Aaronson Tony Masilotti County &dministrator Januaw 19,2000 Adeen Dennison, Director Boynton Cultural Centre. Inc. 208 S. Seacrest Blvd Boynton Beach, FL 33435 RE: Interlocal Agreement for 1913 Schoolhouse Museum Improvements - 1999 Recreational and Cultural Facilities Bond Dear Ms. Dennison: Attached are three originals of a tri-party Interlocal Agreement for funding in an amount up to $1,000,000 for the 1913 Schoolhouse Museum Improvements project. The exhibits you provded are attached to each Agreement. Please have the Interlocal Agreements executed by the Boynton Cultural Centre, Inc. and the City of Boynton Beach and return all three complete originals plus the required insurance certifications (see Page 8, Section 12) to Susan Yinger, Contract/Grant CoordinatOr. We will then place the Intedocal Agreement on the Agenda for approval of the Board of County Commissioners. If you have any questions on the Agreement, please contact Ms. Yinger at 966-6653. ' We ara eager to see the results of this exc tng project! Sincerely, Dennis L. Eshleman, Director Parks and Recreation Department DLE:SWY Attachments Copy to: Commissioner Mary McCarty, District 4 Gerald Braening, City Manager Jean Creamer, Assistant County Administrator Paul King, Assistant County Attorney Bill Mason, Risk Manager Tim Granowitz Bill Wilsher INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY, THE CITY OF BOYNTON BEACH, AND THE BOYNTON CULTURAL CENTRE, INC., FOR FUNDING OF 1913 SCHOOLHOUSE MUSEUM IMPROVEMENTS THIS INTERLOCAL AGREEMENT is made and entered into this day of ,2000, by and between PALM BEACH COUNTY, a political subdivision efthe State of Florida, hereinafter referred to as "COUNTY", The City of Boynton Beach, a Florida Municipal Corporation here nafter referred to as "MUNIC PAL TY" and the oynton Cu tura Centre, Inc., a F onda not-for-prefit corporat on, hereinafter referred to as "AGENCY ". WITNESSETH: WHEREAS, MUNICIPALITY owns property located at 129 East Ocean Avenue in Boynton Beach; and WHEREAS, MUNICIPALITY and AGENCY have entered into a Management Agreement dated June 9, 1999, which is on file with MUNICIPALITY'S Clerk's office; and WHEREAS, AGENCY desires to design, construct, and acquire exhibits and other capital improvements for the 1913 Schoolhouse Museum, hereinafter referred to as "the Project" at said location; and WHEREAS, AGENCY has asked COUNTY to financially participate n the design, construction and acquisition of said project; and WHEREAS, on Mamh 9, 1999, a bond referendum was passed by the voters of Palm Beach County for the issuance of general obligation bonds for the purpose of financing the acquisition, construction, and/or improvements to certain recreation and cultural facilities, in the principal amount of $25 Million; and WHEREAS, on July 27, 1999, COUNTYappreved a recreation and cultural facilities project list and proposed funding allocations for the $25 Million Recreation and Cultural Facilities Bond; and WHEREAS, the Project represents one such recreation/cultural project enumerated in the $25 Million Recreation and Cultural Facilities Bond; and WHEREAS, AGENCY desires to operate and maintain the Project upon its completion; and WHEREAS, the Project shall be open to and benefit all residents of Palm Beach County; and WHEREAS, Section 163.01, Flodda Statutes, permits public a~gencies to enter into Intedocal Agreements with each other to jointly exercise any power, privilege or authority which such agencies share in common and which each migl:tt exercise separately;, and WHEREAS, all parties desire to increase the recreational and cultural opportunities for residents of Palm Beach County and to enter into this Intedocal Agreement. NOW, THEREFORE, n consideration of the mutual coven[ants promises and representation9 COntained herein, the.parties hereto agree as follows: ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and are ~ncorporated herein as if fully set forth. Section 1.02 The purpose of this Intedocal Agreement is to enhance recreational and cultural opportunities for use by the public and thereby provide a mechanism for the COUNTY to assist AGENCY in the funding of the Project. Section 1.03 COUNTY will pay to AGENCY a tota amount notto exqeed $1,000,000 for the design, construction and acquisition of the Project as more ful y described in the Project Descr ption and Conceptual Site Plan attached hereto and made a part hereof as Exhibit Section 1.04 MUNICIPALITY and AGENCY agree to provide funding in an amount of $ 0 to complete the Project. Section 1.05 COUNTY's representative during the design and construction of the Project shall be the Director of Parks and Recreation, Palm BeaCh County Parks and Recreation Department, telephone no. (561) 966-6685. M~INIClPALITY and AGENCY's representative dudng the design, construction and acquisition of the Project shall be Adeen Dennison, Head of Special Services/Executive Director, telephone no. (561) 742-6387. Section 1.06 AGENCY shall design, construct and acquire the Project upon property owned by MUNICIPALITY as more fullydescribed in Exhibit"B" attachbd hereto and made a part hereof. Section 1.07 AGENCY shall utilize its procurement process for ail design, construction and acquisition services required for the Project. Said procurement process shall be nC~nsist.ent .with. ail federal, state and local laws, rules and regulations. COUNTY shall have o comrac~ua~ ob gation to any person retained by AGENCY with re~gard to the Project. Any dispute, claim, or liability that may arise as a result of AGENC~7's procurement is solely the responsibility of AGENCY and AGENCY hereby holds the COUNTY harmless for same to the extent permitted by law and subject to the limitations of Section 768.28, Florida Statutes· ARTICLE 2: DESIGN AND CONSTRUCTION Section 2.01 AGENCY shall be responsible for the design and construction of,,th.e Project. AGENCY shall design and construct the Project in accordance with Exhibit A (Project Description and Conceptual Site Plan), attached hereto and made a part hereof, and with all applicable federal, state and local laws, rules and regulations. Section 2.02 Prior to or upon execution of this ntedoca Agreement by the parties hereto, AGENCY' shall nitiate i~s procurement process to se ect the nece.~.~rv engineer and/or architect to perform ail eng needng and/or archite~t-u-r-aYd~s"~g'~n~'~';~' including, but not limited to, the preparation oX pans, permits and speclfications necessary forthe d~sign and construction of{he Project. Section 2.03 AGENCY shall provide a copy of the design professional's, engineer's .nd/or amh~tects programming phase documents (i.e., site plan, flOOr n an etc . - -- r , v_,, ......~, .) to the COUNTY's Representative for rev ew The COHNTY'_~ I~mnr,~ ...... ' - .. rewew said programm ng phase documents to ensure consistency with the intent of this Interlocal Agreement. If no comments are received within thirty (30) eays the documents will be presumed to be approved. Section 2.04_ AGENCY shall be responsible for securing all permits and approvals necessary to construct the Project. Sectjo. n 2.05 Pdor to AGENCY commencing construction of the Project AGENCY shall provide a ~py Of all Plans and speciflcat ons along w th the associated costs thereof to the ~OUNTY ~ R~pres~ntative for r~view of same to ensure consistency With the intent of this Intedocal Agreement. Section 2.06. AGENCY agrees to totally comp ete the Project and open same to the public for its intended use within th rty six (36) r~onths from the date ~of execution of this ntedocal Agreement by the parties hereto. Upon notification to theCOUNTY at least ninety (90) days pdor to that date, AGENCY may request an extension beyond this pedod for the purpose of completing the Project. COUNTY shall not unreasonably deny A ~ * GENCY s request for said extension. Section 2.07 AGENCY shall submit quarterly project status reports to the COUNTY's Representative on or before January 10, Apri 10, July 10, and OctOber 10 dudng the design and construct on of the Project. The~e Quarterly reports sha inc ude but not be limited to a summary of the work accomplished, problems encountered, percentage .,o.f completion, and other information as deemed appropriate b~, the COUNTYs Representative. 3 ARTICLE 3: FUNDING Section 3.01 The total not to exceed amount as set forth in Sect on 1.93 hereinabove shall be paid by COUNTY to AGENCY on a reimbursable basis. Any costs incurred in connection with the Project n exCess of that amount shall be the sole 'responsibility of AGENCY. Should the total cost of the Project exceed the amount as projected by AGENCY, AGENCY shall appropriate and expend the excess funds required for completion of the Project. The COUNTY shal not d spense any funds to Project unt'l AGENCY has apprOpriated and expend;gd said e;~cess fu'nd's'~'o'~t'~l'~'p~j';~t°. The COUNTY shall reimburse project costs under the terms of this , basis from the date of execution of this Intedocat its Fdr E Section 3.03 The COUNTY shall retain not less than ten percent (10°_/4) ?fthe tota amount allocated AGENCY for the Project until AG.~ENCY completes the Project and provides COUNTY with a Project Completion Certification, and theCOUNTY receives and approves all documentation as required in accordance with this Intedocal Agreement. The COUNTY's representative shall visit the Project site to verify and app['ove said final reimbursement. _Section 3.04 AGENCY shall provide a request for final re mbursemer~t to the COUNTY no tater than ninety (90) days following completion of the Project and provis on a Project Completion Certification to the Count~. ~ection 3.05 The County agrees to reimburse AGENCY an amount not to exceed $456,000 for those approved pre-agreement costs accruing to the Prbject subsequent to March 9, 1999, as more fully described in Exhibit "D". Cost Est mate ~;~d Prc,.Anr~m~.* Cost List, ~ ....... = .......... _3.06 For construction projects fully funded by the County Bond, no more than 10% of the Bond funding for the project shall be used for design and engineering costs forthe project and be el gib e for reimbursement under thiS'Agreement. ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE OF THE PROJECT Sect on 4.01 Upon completion, the Project shall remain the property of the AGENCY. The COUNTY shall not be required to pay AGENCY any additional funds for any other cap ta improvement required by or of AGE~qcY. Section 4.02 AGENCY hereby warrants and represents that t has fu I legal author ty and financial ability to OPerate and mainta n Said Project AGENCY shall I~e responsible for all costs, expenses, fees and charges, and :liability related to the operation and maintenance of the Project. Sect on 4.03 AGENCY shall operate and maintain the Project for its intended use by the general pub c for a:term of thirty (30) years from the execution ofthis Intedocal Agreement by the Parties hereto. AGENCY shall .maintain the Project in accordance with industry ~tandards for such facilities to prevent undue deterioration and to encourage public use. Section 4.04 The rights and duties arising under this Interlocal Agreement shall inure to the.benefit of and be binding upon the parties hereto anti, their respective successors and assigns. MUNICIPALITY and AGENCY may not assign this Intedocal Agreement or any interest hereunder without the express pdor wdtten consent of the COUNTY. Section 4.05 It is the intent of COUNTY to issue this funding assistance to AGENCY for the purpose set forth here nabove In the event AGENCY transfers ownership of the Project to a party or parties not now a pa.rt of this Inteldocal Agreement, other than another governmental entity that agrees to assume, in writing, AGENCY's obligations hereunder, COUNTY retains the dght to reimbursement from AGENCY [or its pa~icipation to the full extent of the funding assistance awarded to accomp sh the Project Should tra ' ' nsfer management of the project to a party or parties not now a par[ of this Intedocal Agreement, MUNICIPALITY and AGENCY shall continue to be responsible for the liabilities and obligat ons as set forth herein. Further, MUNICIPALITY and AGENCY shall not transfer management of the Project to a third party without the written consent of the COUNTY. 5 ARTICLE 5: USE OF THE PROJECT Section 5.01 MUNICIPALITY and AGENCY warrant that the Project shall serve a public recreational or cultural purpose and be open to and benefit ail residents of Palm Beach County and shall 'be ava able thereto on the same cost and availability basis as to residents of MUNICIPALITY. MUNIC PALITY and AGENCY sha not discriminate on the basis of race, color, sex, national origin, age, disabil ty, religion, ancestry, marital status or sexual orientation with respect to use of the Project. Section 5.02 The term of th s Intedo..cal Agreement shall be for a ped.od ofth ~ (30) years Commencing Upon the date of~xecufior~ of this Intedocal Agreement by, the part es hereto. M UN ICI F~AI~I'I'~' and AG ENVY Sha I restrict~its USe of the Project to recreational, cu tura., bivic, eduCational; community and social purpOSes only un ess oth~e~w se agreed to ~n writing by the part es hereto. Sect on,5.03 AGENCY shall affix a permanent plaque or marker in a prominent location at the completed Project ndicat ng thatthe COUNTY was a contr butor to thP. of the Project. Said Dlaque or marker shallmclude the County seal and a st of County Commissioners, unless otherwise directed by ~he COUNTY's Representative. ARTICLE 6: ACCESS AND AUDITS AGENCY shall maintain adequate records to justify a charges, e~penses, and costs incurred in estimating and performing the design, construction and acquisition of the Project for at least five (5) years after the end of the fiscal year in which the final payment is released by the COUNTY, except that such records shall be retained by AGENCY until final resolution of matters resulting from any litigation, ,claim, or special audit that starts prior to the expiration of the five (5) year pedod. The COUNTY reserves the dght, upon reasonable request and dudng normal business hours, to inspect said Project and shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit. ARTICLE 7: ~NOTICES Any notice given pursuant to the terms of this Intedocal Agreement shall be in wdting and hand delivered or sent by Certified Mail, Return Receipt Requested. All notices shall be addressed to the following: As to the COUNTY: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, FL 33461 As to MUNICIPALITY: City Manager City of Boynton Beach City Hall 100 East Boynton Beach Boulevard Boynton Beach, FI 33435 As to AGENCY: Director Boynton Cultural Centre, Inc. 1913 Schoolhouse Museum 129 East Ocean Avenue Boynton Beach, FI 33435 ARTICLE 8: TERMINATION FOR NON-COMPLiANCE The COUNTY may terminate this Intedocal Agreement upon wdtten notice to MUNICIPALITY and AGENCY for non-compliance by MUNICIPALITY and/or AGENCY in the performance of any of the terms and conditions as set forth herein and where . MUNICIPALITY and/or AGENCY does not cure said non-compliance within ninety (90) days of receipt of written notice from the COUNTY to do so. Further, if MUNICIPALITY and/or AGENCY does not cure said non-compliance within the time frame specified above, then upon wdtten notice, the COUNTY may require AGENCY to reimburse any funds provided to AGENCY pursuant to this Intedocal Agreement either in whole or in part once the COUNTY has reasonably determined that no other remedy is available. The AGENCY is not responsible for acts or omissions of the MUNICIPALITY. ARTICLE 9: REMEDIES aTiihis Intedocel Agreement shall be governed by the laws of the State of Florida. Any and legal action necessary to enforce the Intedocal Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any dght, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties hereto may pursue any and all actions available underlaw to enforce this Intedocal Agreement including, but not limited to, actions adsing from the breach ~3f any provision set forth herein. '7 ARTICLE 10: FILING A copy of this Intedocal Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. ARTICLE 11: INDEMNIFICATION AGENCY shall ndemn fy, defend and ,h,,o_ d harmless COUNTY ,aga nst any actions claims~ ordamageS adS~r~g out ofAGENCY Sneg gence n COnneCt (~n. with this Inted0cal Agreement to t~e extent permtted by law Th~ foregoing indemnification shall not COn.stitute a waiver of sovereign immunity beyond the imits set forth in Section 768.28 Florida Statutes, nor shall the same be co~st~ed to constitute agreement to indemnify the County for the county's negligen~ acts or omissions. It is understood and agreed that AGEI~ an independent contractor and iS Board <~f County Commissioners hold harmless recipient of County funding and is servant or employee of COUNTY or its :laim or lawsuit is brought against sba ndemnify, save and and/or employees' from and ments and/or causeslof action of any type negligent act or omission of AGENCY, its )f this Agreement. ARTICLE 12: INSURANCE Without waiving the dght to sovereign immunity as provided by Sec[ion 768.28, FIodda Statutes, the MUNICIPALITY ackno~v edges to be self-idsured for Genera Liability under Flodda sovereign immunity statutes with coverage limits of $100,0{00 per person and $200,000 per occurrence; or such monetary waiver limitS'that may change and be set forth by the legislature. ~ AGENCY agrees to maintain third-party Commemial General Liability !nsurance at lim ts not less than $500,000 combined single limit for bodily njury or preol~e~-ty damage. With respect to Commercial General Liability, AGENCY agrees to add the COUNTY as an "Additional Insured". Any claims-bill tailored COverage shall not be COnsidered third-party liability for the purpose of this paragraph. The MUN CIPALITY agrees to maintain or to be se f- nsured for WorkeR' Compensation and Employer's Liability, insurance in accordance with Chapter 440, Florida Statutes. The MUNICIPALITY and AGENCY agree to maintain or acknowledg(~s to be self-insured 8 for property insurance, which would include builder's risk insurance While the project is in the course of construction in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum; themaftgr, Al!-Risk property insurance for adequate lir~its based on the MUNICIPALITY and AGENCY S replacement cost or probable maximum loss estimates for the perils of either fire, wind, or flood. MUNICIPALITY and AGENCY shall agree to be fully responsible for any deductible or self- insured retention. The MUNICIPALITY and AGENCY shatl agree to provide a statement or Certificate of Insurance evidencing insurance, self-insurance and/orsovereign mmunitystatus, which COUNTY agrees to recognize as acceptable for the above mentioned coverages. Compliance with the forego ng requirements shal not rel eve I~IUN C PALITY and AGENCY of its liability and obligations Und6r this Intedocal Agreement. ARTICLE 13: CAPTIONS The captions and section designations heroin set forth are for convenience only and ~hall have no substantive meaning. ARTICLE 14: SEVERABILITY . If any term or provision of this Intedocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this I ntedocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceab e, shall not be affected, and every other term and provision of this Intedocal Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE '15: ENTIRETY OF AGREEMENT This Interlocal Agreement represents the entire understanding between the COUNTY, MUNICIPALITY, and AGENCY, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Intedocal Agreement None of the prov!sions, terms and conditions conta ned n th s Intedocal A,~re modified, superseded or otherwise altered, except by written i~strument executed by the parties hereto. IN WITNESS WHEREOF, the parties have caused this Intedocal Agreement to be executed on the day and year first above written. ATTEST: DOROTHY H. WILKEN, CLERK PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By:_ By: Deputy Clerk Chair ATTEST: CITY OF BOYNTON BEACH By: By: Clerk Mayor WITNESSES: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By:. County Attomey BOYNTON CULTURAL CENTRE, INC. Tax I.D. # By: Joan DuBois Name (Type or Print) Title: Chairman By: Signature APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Municipality Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Agency Attorney 10 LIST OF EXHIBITS EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D Project Description and Conceptual Site Plan Legal Description of Property cContract Payment Request Form (Page 1 of 2)and ontractual ~Services 15urchase Schedule Form} (Page 2 of 2) Cost Estimate and Pre-Agreement Cost List 3.1 EXHIBIT A PROJECT DESCRIPTION AND CONCEPTUAI, SITE PLAN EXHIBIT A PROJECT DESCRIPTION AND CONCEPTUAL SITE PLAN 1913 CHILDREN~ MUSEUM INTERIOR F__J~ IRITS BOYNTON CULTURAL CENTRE, INC. PROJECT DESCRIPTION The Museum is appro~mately 7,000 square feet in size, and there are a total of 6 galleries; 4 at approximately 950 square feet, 2 at approximately 700 square feet, as well Large srmrwe., lne mas are to oe uses as per the following breakdown: DESIGN SERVICES $100,000 Design ~ervices include: 1) development of the interior exhibit designs, media software and hardware designs, gift shop and office space designs, interior and exterior signage designs 2} development of construction specifications and fabrication requirements 3) review of construction bids, and 4) supervision of construction, fabrication and inst-tlation of the exhibits, inelud/ng interior and exterior signs FABRICATION AND CONSTRUCTION $900,000 Attached is a floor plan of the building. The exhibits will be designed around the following themem * Agriculture-including the dairy industry, vegetables and produce, the farm{ng, shipping and market cycle, and the early fishin~ industry · Comm~lnication and technology-past, present and future, with an emphasis on medical applications as well · Boynton Beach and expanded southern Palm Beach County arm-historical roots, COmmunity al-Chive and historical photo areas · Gallery space constructed for rotatir~g exhibits from other Museums · Gift store · Staff space The building has been recently completely renovated to include an elevator, updated electric, plumbing, HVAC, a new roof, and some underground cabling to accommodate future computer hookups. ~T~s phase of the project will include free standing construction of exhibits, (including e purchase of components fabricated off-site and installed on site, such as ammatromc figures, scale models, etc.) construction of wall unit built-ins as required, _ad__d~ti~ 'o,n~al m_~_e?2a or,~e equipment.wiring as required, sectioning the building as uceaea ior srmI ana gat shop space, or m other words all work necessary to turn an empty building into an active Children's Museum as per the above stated design requirements. 'BOY NTON BEACH OLD ~C.~OOL NlOSeul'q EXHIBIT B LEGAL DESCRIPTION OF PROPERTY EXHIBIT B LEGAL DESCRIPTION OF PROPERTY Property Address Legal Description Property Zoning Owner 129 East Ocean Avenue Boynton Beach, Florida 33435 SAWYERS ADD LTS 2TO 5 INC, LT 6 (LESS W 75 FT OF S 204.65 Fl') W 9~95 FT IF N 68.50 FT & 20 Fl' Public Usage City of Boynton Beach EXHIBIT C CONTRACT PAYMENT REQUEST FORM AND CONTRACTUAL SERVICES PURCHASE SCHEDULE FORM Grantee Billing # PALM BEACH COUNTY PARKS AND RECREATION DEPARTMENT CONTRACT PAYMENT REQUEST (Project) Request Date Billing Period Item Consulting Services Contractual Services Materials, Supplies, Direct Purchases Grantee Stock Equipment, Furniture TOTAL PROJECT COSTS Certification: I hereby certify that the above ...... re 'ncurred for the work identified as being ~mplished in the attached progress reports. Administrator/Date PROJECT PAYMENT SUMMARY Project Costs Cumulative This Billing Project Costs Total Project Costs Certification: I hereby certif~ that the documen- tation has been maintained as req ~ired to support the project expenses reported above and is avail- able for audit upon request. Financial Officer/Date EXHIBIT PBC USE ONLY County Funding Participation Total Project Cost Total project costs to date County obligation to date County retainage (__.%) County funds previously disbursed County funds due this billing Reviewed and Approved by: (. ( ) $. PBC Project Administrator/Date Department Director/Date 1 OF2 ~ PALM BE~ ! COUNTY PARKS AND RECRE,.~ ION DEPARTMENT CONTRACTUAL SERVICES PURCHASE SCHEDULE EXHIBIT C (Project) Grantee I]illing # Billing Date Billing Period Contractor Name Contractor City Check or Project Invoice Number Voucher Number Amount Paid General and date and date this period Description Certification: I hereby certify that the purchase!noted above were used in accomplishing the project. ~ Administrator (Date) TOTAL Certification: I hereby certify that bid tabulations, executed contract cancelled checks, and other purchasing documentation have been maintained as required to support the costs reported above and are available for audit upon request. Financial Officer (Date) 2OF2 EXHIBIT D PROJECT COST ESTIMATE AND PRE-AGREEMENT COST LIST Note: Costs must be for eligible project expenses incurred subsequent to March ,9, 1999 EXHIBIT D PROJECYF COST ESTIMATE AND PRE-AGREEMENT COST LIST Project Cost Estimates The following estimates are for thc design, acquisition smd construction of the exhibits and space at the t913 Schoolhouse Muse,~m. Museum Exhibition Design Fee Concept design * Construct. ion/Production Documents · Fabrication/Installation Supervision · Follow-up Evaluation 100,000.00' Construction Budget · Fabrication Contractor · Exhibit/on Gallerics · First Floor- 700 sq. ft ~ $165 sq. ft. · Second Floor- 2600 sq. ft. (~ $165 sq. ft. Rotating Exhibition · First Floor- 920 sq. ft. ~ $125 sq. ft. · Archive Gallery · Pqrst Floor- 920 sq. fl./~) $175 sq. ft. 80,000.00* I 15,000.00 429,000.00 115,000.00' 161,000.00' Total Budget $1,000,000,00 Pre-Agreement Cost List A Request for Proposal for Museum Exhibition Design has been issued and is due for review on Friday, December 10, 1999. SU.bsequenfly, we will advertise for a museum fabricator. Both parties will be asked to enter int~) a contracVaal agreement with the Boynton Cultural Centre, Inc. for their services. These services arc direct costs related to the intent and purpose of this Agreement. Since this tri-party Agreement must still be l-realized between Palm Beach County, the City of Boynton Beach and the Boynton Cultural Centre, Inc., it is requested that $456,000.00 of the above budget items that are designated with an * bc available as Pre-Agreement Costs, so this project can get underway. Reque~ed City ConanmSsion Meeting Dates [] November 16. 1999 [] December 7. 1999 [] December21. 1999 ] January 4. 2000 IV-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Mu~t be Turned ~n to City Cle*k's Offi~ November 3, 1999 (5:00 p.m.) November 17. 1999 (5:00 p.m.) December 8. 1999 (5:00 p.m.) December 22. 1999 (5:00 p.m.) Requested City Commission Meeting Dates [] January IS. 2000 [] February 1. 2000 [] Februa~_ 15. 2000 [] March 7_ 2000 Date Final Form Must be Turned t_o City Clerk's Office January 5, 2000 (5:00 p.m.) Janumy 19. 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m.) February 16, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcemem [] Presentation RECOMMENDATION: City Commission approve and Mayor sign a resolution to apply for grant from the Florida Inland :~: Navigation District (FIND). The amount to be requested is up to $25,000, to pay 90% of the City's portion of an interlocal agreement berween Palm Beach County: and the City of Boynton Beach. The money will be used for maintenance dredging · ~- to an existing channel from Boat Club Park to the Bo3mton Inlet. EXPLANATION: FIND provides funding assistance to local governments within F1ND's district to perform waterways ~ improvement projects. Palm Beach Cotmty and the City of BoyTnton Beach have entered into an agreement to dredge ~ approximately 1645 cubic yards of sand/shell from an existing navigation channel. The channel connects the Boat Club -,,- Park public boat romp to the Intracoastal Waterway. FIND requires project sponsors of public n~vigation projects to provide matching funds of at least 10% of the total cost of the project. PROGRAM IMPACT: Decrease the amount of money spent on' this program,-which can be used for other programs, FISCAL II~PACT: It will save the City of Boynton Beach up to $2~,000. The Boynton Beach Will provide up to $2 500. ALTERNATIVES: The City of Boynton Beach pay the full $25,~00 for its share of the maintenance dredging. Department Head s Signature Department Name ' '///~it~ b.~in"a~er*s gi'g~a[ure-' // City Attorney / Finance / Human Resources S :kBULLETINkFOILMS L4GENDA ITEM KEQUEST FORM.DOC RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSIO~ OF THE CITY OFBOYNTON BEACH FLOR DA, AUTHORIZING AND DIRECTING STAFF TO APPLY FOR A GRANT FROM THE FLORIDA INLAND NAVIGATION DISTRICT (FIND) IN THE AMOUNT OF $25,000 ,T,,O BE UTIILZ. ED FOR PAYMENT OF. 90% OF THE CITY S POF [TION OF AN iNTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTOI BEACH, AN (ISTING PARK TO THE E )YNTON EFFECTIVE DAT -_-. WHEREAS, FIND provides funding assistance to local governments within district to perform waterways improvements projects; nd WHEREAS, Palm Beach County and the City of Boynton Beach have into an agreement to dredge approximately 1645 cub|c yards of sand/shelJ existing navigation channel, which channel connects the Boat Club Park ramp to the Intracoastal Waterway; and WHEREAS, the City Commission of th? City of Boynton Beach, upon 3n of staff, deems it to be in the best interests o;the citizens of the Boynton Beach to authorize and direct staff to apply f¢ r a grant from the Inland Navigation Distdct (FIND) in the amount of $25,0( ~0 to be utilized for of 90% of the City's portion of an Interlocal Agreem, ;nt between Palm / and the City of Boynton Beach, for the maintenar ~ce dredging to an channel from Boat Club Park to the Boynton Inlet; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach hereby uthodzes and directs staff to apply for a grant from the FIorid~a Inland Navigation District (FIND) in the amount of $25,000 to be utilized for payment of 90% of the City's portion of an Intedocal Agreement ben, ween Palm Beach County and the City ;h, for the maintenance dredging to an existing channel from Boa[ [o the Boynton Inlet. Section 2.. This Resolution shall .become effective immediately upon PASSED AND ADOPTED this day of March, 2000. CiTY OF BOYNTON BEACH~ FLORIDA Mayor ~/ice Mayor Mayor Pro Tem Commissioner ~ommissioner~ ' Clerk IV-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Coma:nission Meeting Dates m to City Clerk's Office Meeting Dates [] November 1~, 1999 November 3. 1999 (5:00 p.m.) [] January 18, 2000 [] December7. I999 November17,1999 [5:00p.m.) [] February I. 2000 [] December21. 1999 DecemberS. 1999 (5:00 p.rm) [] February 15. 2000 [] January4,2000 December 22,199915:00 p.m.) [] March7,2000 [] A dmi~istrative [] NATURE OF [] Consent Agenda [] AGENDA ITEM [] Public Hearing [] [] Bids [] [] Announcement [] Ddte Final Form Must be Turned in to City Clerk's Office January 5, 2000 (5:00 p.m.) lanuary 19, 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m.) New Business Legal Un_finished Business Presenta~on RECOMMENDATION: Recommend approval of attached resolution R00- , requesting the appointment of Quintus L. Greene, Director of Development and Michael Rumpf, Planning and Zoning Director, as the City's representative a~l alternate, respectively, to the Technical Advisory comrmttee (TAC) of the Metropolitan Planning Organization of Palm Beach County, replacing the former Director of Development and alternate. EXPLANATION: The Metropolitan Planning Organization was created by federal regulations and Florida Statutesto meet federal requirements ['or obtaining and expending federal transportation funds. The MPa is composed of local elected officials from county and municipal governmems and applicable transportation author/ties and is independent of local elected bodies. The responsibilities of the Technical Advisory Committee (TAC) encompass providing technical, subject matter expertise, to the MPa, reviewing and recommending actions related to planning and addressing the short-term (five-year) and long-range (twenty-year) objectives for Palm Beach County. PROGRAM 1MPACT: Over the last few years, the MPa has provide the Florida Department of Transportation (FDOT) with priorities for the ucansportation improvements th the eastern portion of the county. FDOT, in ~onsultation with the MPa, has addressed these priorities. TAC examines the intemctiun of changes to land use and transportation system networks w/thin the MPa territory, and provides advisory recommendations on the overall impact on the Metropolitan Planning Area. FISCAL IMPACT: N/A ALTERNATIVES: Opt to appoint alternative representation Department Head's Signature Department Name S :~BULLETrN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R00- A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING QUINTUS L. GREENE, AS A REPRESENTATIVE TO THE TECHNICAL ADVISORY COMMITTEE TO THE METROPOLITAN PLANNING ORGANIZATION AND APPOINTING MICHAEL W. RUMPF AS ALTERNATE REPRESENTAT VE TO THE TECHNICAL ADVISORY COMMITTEE TO THE METROPOLITAN PLANNING ORGANIZATION; AND PRovD NG AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is ntitied to representation on the Technical Advisory Committee to the Metropolitan Planning Organization; and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following ~amed individuals such dght and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 3F THE CITY OF BOYNTON BEACH, FLORIDA~ THAT: Section 1. The %VHEREAS" clauses above are hereby ratified and :onflrmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida lereby appoints QUINTUS L. GREENE as a representative on the Technical Advisory Committee to the Metropolitan Planning Organization and appoints MICHAEL W. RUMPF as alternate representative on the Technical Advisory Committee to the Metropolitan Planning Organization. Section 3. That this Resolution shall become effective immediately Jpon passage. PASSED AND ADOPTED this ~TTEST: 3ity Clerk :Corporate Seal) __ day of March, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner IV-CONSENT AGENDA ITEM C.4 RESOLUTION NO. RO0- A RESOLUTION OF THE CITY COMMISSION OF THE (JHY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CiTY A'Ci'ORNEY TO EXECUTE AN APPOINTMENT CONTRACT BETWEEN THE u ~ Y OF BOYNTON BEACH AND MARY LYNN RAMSEY, LEGAL SECRE-I'ARY; PROVIDING AN EFFEuiVE DATE. WHEREAS, the City Attorney has recommended that the City enter into an Appointment ;ontract for the Legal Secretary position with Mary Lynne Ramsey, pursuant to the terms and conditions attached hereto as Exhibit"A". NOW, THEREFORE, BE l-r RESOLVED BY THE ClTY COMMISSi'ON OF THE CITY OF BOYNTON BEACH~ FLORIDAr THAT: Section 1. The City Commission of the City of Boynton Beach, Florida authorizes the City ~,ttomey to enter into an appointment contract with Mary Lynne Ramsey, for the position of Legal ~ecretary. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of March, 2000. CTI"Y OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor P~'O Tern Commissioner Commissioner City Clerk (Corporate Seal) s:ca\Reso\employment matters\ Legal Sec-Ramsey APPOINTMENT CONTRACT THIS APPOINTMENT CONTRACT is entered into between the CtTY OF BOYNTON BEACHf Florida, (the "CITY") by and through its City A~orney ("CITY ATI'ORNEY") and NARY LYNNE RANSEY. RECITALS The C1T and MARY LYNNE RAMSEY acknowledge the following premises for this contract: A. CITY ATTORNEY is the Chief Legal Officer of the C1TY and is authorized, pursuant to Section 72.1(b) to appoint individuals in a specialized field. B. The CITY ATTORNEY on behalf of the cl-rY desires to appoint NARY LYNNE RANSEY as a Legal Secretary for the CTTY, and NARY LYNNE RANSEY desires to undertake that appointment. C. In selecting MARY LYNNE RAMSEY to be appointed as Legal Secretary for the C1TY, theC1TY ATTORNEY has relied on all information and materials appearing on or furnished in conne~on with her application for that posiUon, including representations made in oral interviews. MARY LYNNE RAMSEY represents that all such information and materials are accurate, complete, and authenUc and that she is qualified to serve as a Legal Secretary and that the performance of such duties are specialized in nature. D. The clq'Y and MARY LYNNE RAMSEY wish to reduce their agreements to writing in order to describe their relationship with each other, to provide a basis for effective communication between them as they fulfill their respective functions in the operation of the Legal DeparLment the ClTY and to enhance administrative stability and continuity within the Deoarb~ent. E. The position of Legal Secretary is a contractual appointment by the CiTY ATTORNEY of an indMdual in a specialized field and not a civil service position. The C1T~s Qvil Service Rules and RegulaUons are not applicable to NARY LYNNE RANSEY. NARY LYNNE RANSEY is an "at will" employee. F. Nothing herein shall constitute an abridgment of or limitation to the rights and powers of the ATTORNEY to manage the work force of the Legal Department of the City and to organize, reorganize, create, or abolish the Legal Department work force, including the appointment referenced herein. -1- G. Nothing herein shall constitute an abridgment or limitation on the dghts and powers of the CTI'Y Commission to create or alter the work force of the CTrY by appropriation or non-appropriation of funds earmarked for departments, positions, or appointments. TERMSfCONDTF~ONS. AND COVENANTS Accordingly, on the foregoing premises and covenants contained in this contract, the CTI'Y and follows: '~n consideration of the mutual MARY LYNNE RAMSEY agree as ARTTCLE 1. Agreement for Appointment 1.~. The CTI'Y ATTORNEY hereby appoints MARY LYNNE RAMSEY to serve as Legal Secretary for the CTI'Y and MARY LYNNE RAMSEY hereby accepts that appointment. 1.2 MARY LYNNE RAMSEY is an at will employee of the QTY. By acceptance of this Contract MARY LYNNE RAMSEY acknowledges that there has been no representation or promise, express, or implied fixing the term of her appointment. ART]:CLE 2 Duties and Obligations 2.1 Prindpal Duties and Obligations. Subject to the cl-rY A-FI'ORNEY's responsibilities and direction for the overall operation of the C_tTY's work force, MARY LYNNE RAMSEY shall: 2.1.1 Serve as a Legal Secreta_ry of-t~ ~ and shall perform the job responsibilities as set forth on Exhibit "A"; 2.1.2 Perform such legally permissible job responsibilities related to the City's Legal Department as assigned by the CiTY ATTORNEY and/or his designee. 2.2 Manner of Perfo~,iiance. Except as otherwise expressly provided by the contract, MARY LYNNE RAMSEY, Legal Secretary at all times shall: 2.2.1 devote all her time, attention, knowledge, and skill solely and exclusively to the business and interests of the CTrY during normal working hours and at City related events after normal business hours. -2- 2.2.2 perform her duties and obligations faithfully, industriously, and to the best of her ability. 2.2.3 not engage in outside employment except with prior written disclosure to and written consent of the CI'FY ATTORNEY. 2.2.4 Confidentiality. MARY LYNNE RAMSEY shall maintain confidentiality on the contents of all City Attorney's files, records, reports, records of investigations, City Attorney's work products and other information obtained in the course of performance of her employment duties. ARTICLE 3 Annual Performance Goals and Evaluation 3.:[ The City ATTORNEY and/or his designee shall conduct a preliminary performance evaluation one hundred twenty (120) days from the employment date [n addiUon to the preliminary performance evaluation, the QTY ATTORNEY and/or his designee shall review aha evaluate the performance of MARY LYNNE RAMSEY at least once annually in advance of the adopUon of the CI-I-Y'S annual operating budget. The review and evaluation shall be in accordance with spedfic criteria developed by the ATTORNEY and/or his designee. The criteria may be added to or deleted from as ATTORNEY may from time to Ume determine. Further, the ATTORNEY and/or his designee shall provide MARY LYNNE I~,MSEY with written summary statement of the evaluaUon and provide an adequate opportunity for MARY LYNNE RAHSEY to discuss her evaluatior with the ATTORNEY and/or his designee. The ATTORNEY shall periodically define such goals and performance objectives that he determines necessary for.the proper operation of the Legal Depaf L./ent and shall further establish a relative priority among those various goals and objectives. 3.2 Compensation reviews are not subject to any specific formula applicable to other ~ personnel. Salary adju~b-~ents shall be at the sole discretion of the C1TY ATTORNEY and are subject to the appropriation of funds by the City Commission. -3- ART/CLE 4 Compensation and Benefits 4.1 Base Salary. The CTrY shall pay to NARY LYNNE RAMSEY the annual sum of THIRTY THOUSAND DOLLARS, ($30,000) payable in equal ins+ailments at the same intervals as C1TY's personnel are paid. 4.2 Health Insurance. MARY LYNNE RAIVlSEY shall receive the same benefit provided to non-union City employees hired alter 10/1/91. 4.3 Disability Insurance. NARY LYNNE RANSEY shall receive the same benefit provided to non-union City employees hired alter 10/1/91. 4.4 Life Tnsurance. MARY LYNNE RANSEY shall receive the same benefit provided to non-union City employees hired alter 10/1/91. 4.5 Holidays. HARY LYNNE RAMSEY shall be entitled to observe the same paid legal holidays as non-union employees hired alter 10/1/91. 4.6 Vacations. NARY LYNNE RANSEY shall be entitled to the same vacation accrual as non-union employees hired after 10/1/91. Use of vacation time shall be coordinated with and approved by the CITY A'I-FORNEY: 4.7 Sick Leave. MARY LYNNE RANSEY shall be entitled to accrue sick leave and be subject to the same sick leave policies as non-union employees hired after lo/1/91. 4.8 Participation in Retirement System. MARY LYNNE RAMSEY shall be enrolled in and shall enjoy all benefits provided ',under the General Employee Pension Plan. _~/ ARTTCLE 5 5.1 [ndemnification and Reimbursement Indemnification. The C1TY shall: defend and indemnify MARY LYNNE RANSEY against all claims and 5.1.1 actions (civil, administraUve or criminal), provided the claims or actions are not iniUated by the CTTY and arise out of and in the course of the performance of his duties and responsibilities pursuant to this contract; and -4- 5.1.2 pay any judgment or settlement, if approved by the City Commission, that may be entered against MARY LYNNE RAMSEY in any action referenced in 5.1.1. provided MARY LYNNE RAMSEY was in the course of the performance of his duties and responsibilities pursuant to this contract, except a judgment based on intentional wrongful misconduct by NARY LYNNE RAMSEY. 5.1.3 CITY reserves the right to select, appoint, retain, or discharge legal counsel necessary to provide the defense referenced herein. ARTICLE 6 DUration of Contract 6.1 MARY LYNNE RAMSEY's appointment and the term of this Contract shall commence on the 28th day of February, 2000. This appointment has no fixed term and may be terminated as set forth in Article 7 hereof. ARTZCLE 7 Termination of Contract 7.1 Events of Termination. This Contract shall terminate: 7.1. Rights and Obligations Upon Unilateral Termination by cl-rY, Unilateral termination shall be in writing, signed by the CITY ATTORNEY and need not reflect performance related reasons. Tf this Contract is terminated by unilateral action by the CTi'Y ATTORNEY, MARY LYNNE RAMSEY shall be entitled only to: 7.1.2 an amount for accrued and unused vacation leave, not to exceee the maximum number of days permitted by law, according,~to the schedule/formula for non- union employees hired after 10/1/91; 7.1.3 an amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non- union employees hired after 10/1/91. -5- 7.2 Rights and Obligations Upon Termination Due to Resignation. If this Contract terminates du~ to MARY LYNNE RAMSEY's resignaUon, MARY LYNNE RAMSEY shall be entitled only to the following compensation and benefits: 7.2.1 base salary through the date of resignation or such other date as mutually agreed to between MARY LYNNE RAMSEY and the CITY ATTORNEY; 7.2.2 an amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by. law, according to the schedule/formula for non-union employees hired after 10/1/91; 7.2.4 life and/or disability benefits if applicable. AR'I'~CLE 8 8.1 to this Contract shall be valid unless reduced to writing and signed by both parties. Modification or Extension of Contract Modification and Amendment. No modification of or amendment ARTICLE 9 Tnapplicability of Collective-Bargaining Agreements 9.1 No collective-bargaining agreement to which the CITY is a party shall in whole or in part govem, apply to, or be deemed part of or incorporated into this Contract. 9.2 MARY LYNNE RAMSEY is a confidential employee under F.S 447.203(5) and is prohibited from participating in labor organizations or collective bargaining. _ / ARTZCLE 10 Venue 10.1.1Anycivilaction arising outofthis Contract orthe nonpe~ormance orb~achofany covenantcon~inedinitshallbe broughtonlyin Palm Beach County, Florida. -6- ART/CLE 11 Waiver 11.1 'The ClTY's or MARY LYNNE RAMSETs waiver of any breach of any term, condition, or covenant of this Contract shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this Contract. ART/CLE 12 Applicability to Successors 12.1 This Contract shall be binding on and inure to the benefit of: 12.1.1 MARY LYNNE RAMSEY's heirs and personal representatives; and 12.1.2 the C1TY regardless of changes 'n the persons holding office as members of the C1TY. ART/CLE 13 Severability of Provisions 13.1 If any provision of this Contract or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remaining provisions of this Contract or their application to other parties or circumstances. ARTLCLE 14 Governing Law 14.1 This Contract and the terms, conditions, and covenants contained in it shall be governed by and construed in accordance with the laws of the State of Florida. AR1/CLE 15 Tntegration of All Agreements and Understandings 15.1 This Contract contains the entire agreement between the CIT and MARY LYNNE RAMSEY. All prior agreements and understandings, whether wdtten or oral, -?- pertaining to the C~TY's appointment of MARY LYNNE RAMSEY are fully abrogated and of no further force and effect from and after the date of this Contract. 15.2 Regardless of which party of party's counsel prepared the original dratt and subsequent revisions of this Contract, MARY LYNNE RAMSEY and the CITY and their respective counsel have had equal opportunity to contribute to and have contributed to its contents, and this Contract shall not be deemed to be the product of and, therefore, construed against either of them. :L5.3 The omission from this Contract of a term or provision contained in an earlier dratt of the Contract shall have no evidentiary significance regarding the contractual intent of the parties. ARTZCLE 16 Execution of Contract 16.1 Only one odginal of this Contract shall be signed by the parties. The original shall be maintained by the Qb/Clerk. No term, condition, or covenant of this Contract shall be binding on either party until both parUes have signed it. EXECUTED on the respective dates set forth below. Dated: MARY LYNNE RAMSEY CITY OF BOYNTON BEACH By: ]ames A. Cherof, City Attorney Dated: By: Dated: Mayor s:ca\agr~MARY LYNNE RAMSEY Employment Contrac~ -8- NATURE OF WORK Position is located in the ~ Department. which is r Position involves pr.oviding se and to assist in re~ol~i matters~ ILLUSTRATIVE TASKS CNote: These exam~, .es .a~..e intende~ only types Of work perfeZmed in this clans. duties does not .exclu~. them frem this position if the work or a logical assignment to the departments function.) .~sponsible for all ~re~rial and adm/- )g and expediting the various of is similar, related, Edits and amends new ordina~es by referring to City C determine the appropriate language. Composes letters and memoranda for City Attorney. Prepares ordinances and resolutions frcm Planning and r ecc~a~_ndations. ~ ~ ordir~c~s · · -~cr!ptions, and md oral x~e of Ordinances to )ning Beard · .Answers. in person and telephone ~nquiries. Scrg~ns and directs all lncc~u_ng calls. R~solves problems which do not require an attorney's atten- tion. Places calls to obtain specific information requested bY attorney and transmits the information. , ' / Researches and retrieves backup material for specific requests. Perfo .n~ record k.eepi.ng functions. Assigns code numbers to all ordinances and resolutions and maintains a .log book of the status of each item. Determines appropriate sub3ect folder in which material is to filed. Locates and retrieves, requested doc~_nts fr~ general and-litigation files. ' ' . ~ Prepares requisitions, city forms, and personnel forms. Keeps attorney's appointment calendar. Prepares_litigation files and maine~ns an up-to-date list of pending cases. Maintains a follow-up log for City Attorney regarding work in progress, upcx~ing matters, due dates, and .work schedules. Phot6copies materials and maintains law library. Provides legal support services. Opens, sorts, stamps reads all incoming corre ~13o_ ndence and arranges outgoing mail Keeps reports of annual and sick leave and all timeke~ Department. Schedules travel and hotel reservations for attorney's travel expense reports. Deliuers rush material outside the office, when reques Mails materials, insuring accuracy of contents in a t~ Perfor~s related work as required. distributes, and ~ing for the Legal trips and prepares _ :ed. ~ly manner. LEGAL SECR~aR~- Continued Ability to operate modern office equitm~nt inclu~nq a word processor. an ,shorthand and ments, city legal terminology, uniform ~stem, rules and procedures of courts, city's rules, departments and functions. Ability to work under ,pressure, to produce accurate work, and to meet Basic. mathematical skills. ~ ~ QUALIFICATIONS and four or MarYLvnne BanlseV omc Phone (56 tl 433-9742 5797 Auttmm Ridge Road Lake Worth. Florida 33463 SUMMARY Thirteen years experience in the legal field as a Legal Secretary and in office administration, Responsibilies include scheduling depositions, hearings and conferences, attorney time and billing, dictation, preparation of correspondence and pleadings. CompuTer knowledge in Windows 95, Windows 98, Corel Wordperfect 8.0, 7.1 and 5.0, AIM Program (Attorney Information Manager) WOIIK HISTOOY STEPHENS, LYNN, KLEIN & McNICHOLAS Northbridge Centre 5t5 N. Flagler Drive, Suite 1600 West Palm Beach, Florida 33401 561-655-1500 9/89 through 4/1/99 Position: Legal Secretary (Medical Malpractice Department) Administrative Assistant LAW OFFICES OF DUNN AND COREY 9/88 through 9/89 Boymon Beach, Florida Hialeah, Florida (Main Office 305/688-5297) Position: Receptionist/Secretary JOSIAS AND GOREN .. 6/87 through 7/88 Ft. Lauderdale, Florida (954/771-4500) Position: Receptionist/Clerk OUBBENT EMPLOYMENT: City of Lake Worth 7 North Dixie Highway Lake Worth. Florida 33401 Position: Legal Secretary 8/99 - Present IV-CONSENT AGENDA ITEM C.5 RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING THE APPOINTMENT OF WAYNE SEGAL AS THE DIRECTOR OF MEDIA AND PUBLIC COMMUNICATION OF THE CITY OF BOYNTON BEACH, FLORIDA AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPOINTMENT CONTRACT ON BEHALF OF THE CITY WITH WAYNE SEGAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon the recommendation of staff, the City desires to employ the services of Wayne Segal as the Director of Media and Public Communication of the City of Boynton Beach, Florida; and WHEREAS, it is the desire of the City Commission to provide certain benefits and requirements regarding the employment of Wayne Segal by the City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Flodda Ioes hereby confirm the appointment of Wane Segal as the Director of Media and Public communication of the City of Boynton _Be/ach, Florida and authorizes the City Manager to execute an Appointment* Contract on behalf of the City of Boynton Beach with WayneSeagal, said Contract being attached hereto as Exhibit "A", and incorporated herein by reference. Section2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTEDthis ATTEST: __ day of March, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pm Tern Commissioner Commissioner City Clerk ;:ca~res\employment~Segal Reso APPOINTMENT CONTRACT THIS APPOINTMENT CONTRACT is enterec~ into between the CITY OF BOYNTON BEACH, Florida, (the "CITY") by and through its City Manager ("CITY MANAGER") and WAYNE SEGAL. The CiTY and WAYNE SEGAL acknowledge the following premises for this contract: A. The CITY MANAGER is the Chief Executive Officer of the CITY and is authorized, pursuant to Section 72.1 (b)to appoint individualS in a specialized field. Bo The CITY MANAGER on behalf of the CITY desires to appoint WAYNE SEGAL as Director of Media and Public Communications for the CITY, and WAYNE SEGAL desires to undertake that appointment. C. In selecting WAYNE SEGAL to be appointed as Director of Media and Public Communications for the CITY, the CITY MANAGER has relied on all information and materials appearing on or furnished in connection with his application for that position. WAYNE SEGAL represents that all such information and materials are accurate, complete, and authentic and that he is qualified to serve as Director of Media and Public Communications and that the performance of such duties are specialized in nature. D. The CITY and WAYNE SEGAL wish to reduce their agreements to writing in order to descdbe their relationship with each other, to provide a basis for effective communication between them as they fulfill their respective administrative functions, and to enhance administrative stability and continuity within the City of BOynton Beach. E. The position of Director of Media an~ Public Communication is a contractual appointment by the CITY MANAGER of an individual in a specialized field and not a civil service position and the CITY's Civil Service Rules and Regulations are not applicab e to WAYNE SEGAL. By entering into this appointment contract, WAYNE SEGAL waives all dghts under the City's Civil Service system. F. Nothing herein shall constitute an abridgment of or limitation to the dghts and powers of the MAN,~GER to manage the work force of the CiTY and to organize, reorganize, create, or abolish the CITY work rome, including this appointment except as provided for here~n. -1- G. Nothing herein shall constitute an abridgment or limitation on the rights and powers of the City Commission to create or alter the work force of the CITY by appropriation or non-appropriation of funds earmarked for departments, positions, or appointments. TERMS. CONDITIONS. AND COVENANTR Accordingly, on the foregoing premises and in consideration of the mutual covenants contained in this contract, the CITY and WAYNE SEGAL agree as follows: Agreement for Appointment 1.1 The CITY MANAGER hereby appoints WAYNE SEGAL to serve as Director Media and Public Communications for the CITY and WAYNE SEGAL hereby accepts that appointment and undertakes that appointment. 1.2 WAYNE SEGAL is an at will employee of the CITY. By acceptance of this Contract WAYNE SEGAL acknowledges that there has been no representation or premise, expressed or implied fixing the term of his appointment, except as provided for herein. ARTICLE 2 Duties and Obligations 2.1 Principal Duties and Obligations. Subject to the City Manager's responsibilities and direction for the overall operation of the C1TY's work force, WAYNE SEGAL shall: 2.1.1 serve as Director of Media and 15ublic Communications of the CITY. The job description for Director of Media ~nd Public Communications is attached as Exhibit "A". 2.2 Manner of Performance. Except as otherwise expressly provided by this contract, as Director of Media and Public Communications, he shall at all times: 2.2.1 devote all his time, attention, knowledge, and skill solely and exclusively to the business and interests of the CITY during normal working hours and at City related events after normal business hours. 2.2.2 perform his duties and obligations faithfully, industriously, and to the best of his ability. 2.2.3 not engage in conflicting outside employment except with prior '2- 2.2.4 keep the CITY MANAGER fully informed in advance of all travel and activities that take him out of the office for more than a day at a time. All travel must receive prior written approval of the CITY MANAGER. ARTICLE 3 Annual Performance Goals and Evaluation 3.1 The CITY MANAGER shall review and evaluate the performance of WAYNE SEGAL at least once annually in advance of the adoption of the annual operating budget. The review and evaluation shall be in accordance with performance criteria developed by the CITY MANAGER, which criteria must be provided to WAYNE SEGAL in advance of the commencement of the period of evaluation. The initial performance criteria is as set forth on Exhibit "B", attached hereto. The criteria may be added to or deleted from as the MANAGER may from time to time determine, except that WAYNE SEGAL shaL not be evaluated for tasks if no performance criteria have been established. At WAYNE SEGAL'S first six month evaluation, provided he has achieved the goals set forth by the City Manager, he will receive an ncrease of four (4)%. Further, the MANAGER shall pr(~vide W~YNE SE. GAL with a summary written statement of the evaluation and prOvide an .adequate opportunity for WAYNE SEGAL to discuss his evaluatien wifli t~ie MANAGER. 3.2 Periodically, the MANAGER and WAYNE SEGAL shall define such goals and performance objectives that they determine necessary for the proper operation of the Informat on Techno ogy Department operations n atta nment of the objectives and shall further establish a ~'~lati~e Pdority among those various goals ancJ objectves, which Shall be reduced to writing. Such goals and objectives shall be generally attainable within the time limitations as specified in the annual operating and capital budgetsand appropriations provided by the CITY. 3.3 Compensation reviews are not subject to any specific formula applicable to other CITY personnel. Wage adjustments shall be at,he sole discretion of the CITY MANAGER and are subject to the appropriation of funds by the City Commission. ARTICLE'4 Corn pensation and Benefits 4.1 Base Salary. The CITY shall pay to WAYNE SEGAL an annual salary of FIFTY-THREE THOUSAND ($53,000) DOLLARS, payable in equal installments paid at the same intervals as the CITY's management personnel are paid. 4.2 Business Expenses. The CITY shall pay or reimburse WAYNE SEGAL consistent with reimbursement policies for CITY managerial employees. 4.4 Health Insurance. WAYNE SEGAL shall receive the same benefit provided to non-un[on City employees hired after 10/1/91. 4.5 Disability Insurance. WAYNE SEGAL shall receive the same benefit provided to non-union City employees hired after 10/1/91.. -3- provided to non-union City employees hired after 10/1/91. 4.5 Disability Insurance. WAYNE SEGAL shall receive the same benefit provided to non-union City employees hired after 10/1/91. 4.6 Life Insurance. WAYNE SEGAL shall receive the same benefit provided to non-union City employees hired after 10/1/91. 4.7 Participation in Retirement System. Participation in Retirement System. WAYNE SEGAL shall receive the same benefit provided to non- union employees hired a~er :~0/:[/91. 4.8 Holidays. WAYNE SEGAL shall be entitled to observe the same paid ega holidays as non-union employees hired after 10/1/91. 4.9 Vacations. WAYNE SEGAL shall be entitled to observe the same vacation accrual as non-union managerial employees hired after 10/1/91. 4.10 Sick Leave. WAYNE SEGAL shall be entitled to accrue sick leave and be subject to the same sick leave policies as non-umon employees hired after 10/1/91. 4.11 Moving Expenses. WAYNE SEGAL agrees to obtain three quotes for moving expenses, which shall be submitted to the City of Boynton Beach. The City shall pay 50% of the agreed upon moving expenses upon ratification of this Agreement, with the remainder to be paid by the City upon completion of the move. 4.12 Automobile. WAYNE SEGAL shall be compensated for use of his personal vehicle for city business in the amognt of $250.00 per month. ARTICLE 5_ ~' Indemnification and Reimbursement 5.1 Indemnification of the Director of Media and Public Communications. The CITY shall: 5.1.1 defend and indemnify WAYNE SEGAL against all claims and actions, civil or criminal, provided the claims or actions arise out of and in the course of the performance of his duties and responsibilities pursuant to this Contract; and 5.1.2 pay any judgment that may be entered against WAYNE -4- SEGAL in a civil action adsing out of and in the course of the performance of his duties and responsibilities pursuant to this contract, except a judgment based on intentional wrongdoing by WAYNE SEGAL. 5.1.3 CiTY reserves the rights to select, appoint, retain, or discharge legal counsel necessary to provide the foregoing defense. ARTICLE 6. Date of Appointment 6.1 WAYNE SEGAL's appointment and the term of this Contract shall commence on the date of ratification of this contract by the City Commission. ARTICLE 7 Termination of Contract 7.1 Events of Termination. This Contract shall terminate: 7.1.1 at any time by mutual agreement of WAYNE SEGAL and the CITY; 7.1.2 upon WAYNE SEGAL's sustained inability for all or substantially all of 180 calendar days in a 190 day period to perform all or substantially all of his duties and obligations pursuant to this Contract as a result of physical or mental illness or condition, which inability shall be verified at the CITY's expense (to the extent not covered by applicable medical ~nsurance maintained by the CITY) by a licensed physician mutually agreed upon by WAYNE SEGAL andzthe CITY, provided that state or federal law or regulation would not preclude or prohibit WAYNE SEGAL's separation under the condition. In the event the parties are unable to mutually agree on a physician within fifteen days of a request for selection, the examining physician will be selected solely by the CITY. -- ~' 7.1.3 at any time by the CITY MANAGER's and CITY COMMISSION's unilateral termination of WAYNE SEGAL's contract for the position. 7.1.4 the death of WAYNE SEGAL. 7.1.5 the resignation of WAYNE SEGAL A resignation shall be submitted in writing and ~hall provide for an actual resignation date no later than forty- five (45) days following the date of notice of resignation. 7.2 Rights and Obligations Upon Unilateral Termination by CITY. Unilateral termination shall be in writing, signed by the CiTY MANAGER, and need not reflect performance related reasons. If this Contract is terminated by unilateral action by the CITY MANAGER. WAYNE SEGAL shall be entitled only to:' -5- 7.2.1 Prorated base salary for the effective date of the termination plus ninety (90) days, calculated as follows: Employees annual base salary shall be divided by 365 days, and that sum shall be multiplied by 90 days, less customary withholding. 7.2.2 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 7.2.3 an amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to' the schedule/formula for non-unionemp oyees hired after 10/1/91; 7.2.4 an amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired ~ffer 'i0/1/91. 7.3 Rights and Obligations Upon Termination by Mutual Agreement. tf this Contract terminates L pon mutual agreement of the parties, WAYNE SEGAL shall be entitled to: 7.3.1 to this Contract; reimbursement for as-yet unreimbursed expenses pursuant 7.3.2 an amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired before 10/1/91; 7.3.3 an amount for accrued and umJsed sick leave, not to exceed the maximum number of days permitted by law, accord lng to the schedule/formula for non-union employees hired before 10/1/91; --~" herein. 7.3.4 The total accrued deferred compensation as provided by Article 4.2 7.4 Rights and Obligations Upon Termination Due to Disability or Death. If this Contract terminates due to WAYNE SEGAL's physical disability or death, WAYNE SEGAL or his guardian or personal representative shall be entitled only to the following compensation a[3d benefits: 7.4.1 base salary through the last day that WAYNE SEGAL performed services to or on behalf of the CITY; 7.4.2 to this Contract; reimbursement for as-yet unreim ~ursed exoenses pursuant -6- 7.4.3 not to exceed the maximum number of days permitted by law, according schedule/formula for non-union employees hired before 10/1/91; and 7.4.4 life and/or disability benefits if applicable. 7.4.5 Article 4.2 hereto. an amount for accrued and unused sick and vacation leave, to the the total accrued deferred compensation as provided by 7.5 Rights and Obligations Upon Termination Due to Resignation. If this Contract terminates due to WAYNE SEGAL's resignation, WAYNE SEGAL shall be entitled onlyto the follOWing compensation and benef'Rs: 7.5.1 base salary through the date of resignation or such other date as mutually agreed to between WAYNE SEGAL and the CITY MANAGER; 7.5.2 reimbursement for as-yet unreimbursed expenses pursuant to this Contract; 7.5.3 an amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired before 10/1/91; 7.5.4 life and/or disability benefits if applicable. 7.5.5 Article 4.2 herein. the total accrued deferred compensation as provided by Modification or extension ~' of Contract 8.1 Modification and Amendment. No modification of or amendmem to this Contract shall be valid unless reduced to writing and signed by both parties. Inapplica. bility of Collective-Bargaining Agreements 9.1 No collective-bargaining agreement to which the CiTY is a party Contract.Shall in whole or in part govern, apply to, or be deemed part of or Incorporated into this ARTICLE '10 Venue -7- 10.1 Any civil action arising out of this Contract or the nonperformance orFiodda.~reach of any covenant contained in it shall be brought only in Palm Beach County, ARTICLE 11 Waiver 11.1 The CITY's waiver of any breach of any-term, condition, or covenant of this Contract shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this Contract. Applicability to Successors 12.1 This Contract shall be binding on and inure to the benefit of: 12.1.1 WAYNE SEGAL's heirs and personal representatives; and 12.1.2the CITY regardless of changes in the persons holding office as members of the CITY. Severability of Provisions 13.1 If any provision of this Contract or the application of any provision to any party or cimumstance shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remaining provisions of this Contract ¢r~heir application to other parties or circumstances. Governing Law 14. I This .Contract and the terms, conditions, and covenants contained in it shall be governed by and construed in accordance with the laws of the State of Florida. ARTICLE 15 Integration of All Agreements and Understandings -8- 15.1 This Contract contains the entire agreement between the CiTY and WAYNE SEGAL. All prior agreements and understandings, whether wdtten or oral, pertaining to the CiTY's appointment of WAYNE SEGAL are fully abrogated and of no further force and effect from and after the date of this Contract, 15.2 Regardless of which party's counsel prepared the odginal draft and subsequent revisions of this Contract, WAYNE SEGAL and the CiTY and their respective counsel have had equal opportunitv to contribute to and have contdbute'd to its contents, and this Contract shall not be deemed to be the product of and, therefore, construed against either of them. 15.3 The omission from this Contract of a term or prevision contained in an eadier draft of the Contract shall have no evidentiary significance regarding the contractual intent of the parties. Execution of Contract 16.1 This Contract may be executed in duplicate or in counterparts, each of which shall be deemed an odginal and all of which together shall be deemed one and the same instrument. No term, condition, or covenant of this Contract shall be binding on either party until both parties have signed it. EXECUTED on the respective dates set forth below. WAY(~E SEG,~L ~' Dated: CITY OF BOYNTON BEACH By: .t-.y~- D HAWKINS, IN~/ERIM CITY MANAGER Dated: APPROVED ASTO FORM: CITY ATTORNEY S:ca~Agmements\Employment AgA~Segal Dated: -9- Class Code 01049 Grade: Contract CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION FLSA: E CLASSIFICATION TITLE: DIR., MEDIA AND PUBLIC COMMUNICATIONS PURPOSE OF CLASSIFICATION The pur~.os~ of this classification is to develop, implement, and coordinate a corn~ehensive public information and commumcaUons program to dispense in.formation about the city. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing work. counseling, disciplining, and completing employee performance appraisals. Consults with City Manager and other officials to review work activities, resolve prublems, receive advice and direction, and provide recommendations; coordinates work activities with those of other city departments, community organizations, outside agencies, or others as needed. Develops, implements, coordinates, and operates a comprehensive proactive public information and communications program; develops program goals consistent with deparmaenffcity policy; revises/updates program and/or function goals as required; allocates and schedules resources to assure achievement of progrom/function goals. Serves as general source for dispensing information aboul the city; prepares press releases, public service announcements, and special activity newsletters and news s/atements; prepores/presents information to the public, governmental agencies, civic organizations, and the media; meets with other departments, agencies, consultants, and other individuals to reeeive/dissemiuate updated information. . _-~ Responds to requests for information from the public and media representatives; provides information or direiits requests to proper department for follow-through. Develops system to ensure current information on City activities is readily available to the public. Oversees/coordinates develupmant and production of quarterly city-wide newsletters; assists with preparation of employee newsletters; assists in development of andio/video rapes, pamphlets, and brochures. data/information_Devel°ps public notices of meetings and other program activities; provides for public awareness and access to program nationalC°llects'sources.analyzes' interprets, and disseminates vanons data in oral/written format from local, regional, state, and © DMG-MAXIMUS, liNC. Page I Last Revised: August, 1999 City of Boynton Beach. Florida · Public Informafinu Officer 0212 Coordinates community affairs activities through the Neighborhood Project Specialist programs; monitors activities of Citizen Action Center through its coordinator; serves as the city's liaison m the Community Relations Board end the Education Advismy Board. Coordinates various public ceremonies, dedications, end special events; conducts tours as needed; represents agency for special events or on boards/task forces. Develops contingency plans to accommodate unexpected situations; anticipates variations m workflow and plans flexibility in work activities. Evaluates problems/situations and identifies problems needing to be addressed; records pertinent information to maintain current files. Prepares or completes various forms, reports, correspondence, newsletters, press releases, news statements, notices. public service announcements, or other doenmenm. Receives vat'ions forms, reports, correspondence, news articles, pmgrern information, meeting/event notices, photographs, manuals, reference materials, or other documentation; reviews, completes, processes, forwards or rehams as appropriate. Operates a computer to enter, renieve, review or modify data; utilizes word processing, spreadsheet~ database, desktop publishing, or other software programs. Attends various meetings; serves on committees as needed; makes speeches or presentations. Communicates with supervisor, employees, other deparanents, city officials, elected officials, the public, the media, and other individuals as needed to coordinate work activities, review shams of work, exchange information, or resolve problems. ADDITIONAL FUNCTIONS Provides assistance to other employees as needed. Performs other related duties as required. MINIMUM QUALIFICATIONS High school diploma or GED; supplemented by college level course work or vocational training in communicatrons, public relations, or journalism; supplemented by one (1) year previous experience and/or training involving comraumcations, public relations, or journalism; or any equivalent combination of education, ~tining, end experience which provides the requisite knowledge, sk/Ils, and abilities for this job. PERFORMANCE APTITUDES Data Utilization: Requires the ability to evaluate, andir, deduce, and/or assess data nsmg establislied criteria. Includes exermsing discretion in fletermming actual or probable consequences and in referencing such evaluation to identify and select altemativas. Human Interaction- Requires the ability to perform in a supervisory capacity over subordinate supervisors. © DMG-MAX1MUS, INC. Page2 Las~Revised: Augusr~ 1999 Cit~ of Bo,Ynton Beach, Florida · Public Information Officer 021 r Eouinment. Machinery, Tools, and 1Vlaterials Utilization: Requires thc ability to operate and control the actions of eqmpment, machinery, tools and/or materials requiring complex and rapid adjustments. yerbal Antitude: Requires the ability to utilize a wide variety of re£erence, descriptive, advisory and/or design data and informatiOn. Ma_thematical A titude: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages; the ability to utilize principles of fractions; and the ability to interpret gmphs. Functional Reasonin: Requires the ability to apply principles of influence systems, such as motivation, incentive, and leadership, andto exercise independent judgment to apply facts and principles for deYeloping approaches and reclmiques to resolve-problems. Situational Reasoning. Requires the ability to exercise judgment, decisiveness and ereativiBr in situations involving evaluataon of mformat~on against measurable or verifiable criteria. ADA COMPLIANCE Physical Ability: Tasks requtre the ability to exert light physical effort in sedentary to light work, but which may involve Some li~dng, can'ying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of lime at a keyboard or work station. Sensory Reouirements: Some tasks require the ability to perceive and diserimina~e colors or shades of colors, sounds, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors. Performance of essential functions may reqtore exposure to adverse environmental conditions, such as humidity, rain, tamperamre extremes, or bright/dim light. The City of Boynton Beach, Florida, is an Equal Opportunity Employer:. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss p'otential accommodations with the employer. © DMG-MAXIMUS, INC. Page3 Lasl-Revlsed: August, 1999 Director of Hedia and Public Communications Suggested Performance Goals MACS (Marketing and Communication Strategists) Work with MACS: To redefine mission and membership To develop strategies for Public Image Task Force Report Implementation: Communication Audit Communication Plan Marketing Plan Surveys "Brand Boynton Beach" Collaborations Leadership Interviews PIN (Public Information Network) Work with PIN: To produce Employee News and Departments News: To post in Public Folders To publish In Employee Newsletter To post on Website To print in city newsletter To implement Public Image Task Force Report (PITF) Recommendations: Ob/Facilities Audit Customer Service Audit Communication Products Produce: Employee Newsletter City Newsletter Reader Friendly Budget/Financial Information (per PITF) Webmaster Work with webmaster: To develop creative concepts To produce/submit information City Contacts Meet with every City Commissioner Visit every Dept. and ~neet with Dept. Head and PIN contact Identify Marketing Strategies for appropriate Depts. Community Contacts Meet with Chamber President and Marketing Committee Meet with Associations, Organizations, and other stakeholders Meet with all Media contacts and local editors. CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: DIR., I~FDIA AND PU~uIC COMMUNICATIONS Class Code 01049 Grade: Contract FLSA: E PURPOSE OF CLASSIFICATION communications pwgram to dispense informaUon about th~ c~. ESSENTIAL FUNCTIONS - ~ The omis~/on of specific sta~ementJ of the duties does not The folluWi~g ~u~es are normal for this exclude them frOm the classification if tile woFk iO simil~ll', related, or a logical assignment for this classification- Other duties may be required and assipmd. Consults with City ~amager and other officials to reWew work activities, resolve problems, receive advice aud dire~ofl, and provide recommendations;, coorcl~ates work activities with those of other dty depamuents, community o ~r~niTat~Otm outside asen~e~ or othe~ as needed. Develops, implements, coordinates, and operates a comprehen~'e proactive publ~ information and ~'-'--~-_ ---. - ." - _l. _,, .......~ .~t,~,l~ to assu~ achi~vameat oI progranvmn~on and/or fullction goals as ~ au~t~ ~u~ --..-- ~ goals. Sm'yes as g~nezal som,~ for gg information ahmt tl~ city; l~f~res pr¢~ r~leas~s, public sera= Responds to ~ for information from the pubUc and media representatives; lxo~ides information or directs ~ to proper dgpaliment for follow-through- ~rsees/coordiuates de,~.lom~nt and proch~an of quarterly city-wid~ ncwsic~a~; ~ with preparation of '~ -" · audi * ta , mphlcts, andbmct/ures. mployee ncwslctlers: u~sts m dgvclopmgnt of ~ pes pu Develops public no~ices of meetings and other program acti-~ities; provides for public awarancss and access to program data/information. Psg~ 1 Cit~ of Bo~nton Beach~ Florida * Pubfic Information Officer 0212 Collects. analyzes, interpre~ and disseminates various data in oral/written format from local, x~g/onaL state, and national sources. Coordinate~ community affaizs acti~/iies through the Ne/ghborhood Project Specialist programs: momtors activ/fies of Citizen Action Center through its coovdin~ton serv~ as the dty's liaison to the Community Rehtions Board and the Eduction AdviS0rYBoar& Coord/nates various pubt/¢ ceremonies, dedications; and~ sp~/al,~ven~; con~cts roars as needed; £¢presents agency for special evems or on boards/~ forces, Develops confingel!cJ~ pla~ to ac, c. ommodato Rtlexpe~ed sit~a~oBs; anfidl~ites ,va~.atiol~s in work~ow'artd plans flexibility in work activities. Evaluates problems/situations and identifies problems needing to, be adckessed; records p~t/ncnt information to maimnln au'rent Prepays or completes various forms, repons, con-espondence, newsletters, pres~ releases, news statements, notic~ pablic service ~nnouncementt or offer doaunents. Receives various [~_~mla, repor~ correspondence, n~vs a,~cles.) pro~r~n, info.on, meet/rig/event not/ces. phOlo~api~~ m~,~,,~l~. ~eren~ materials, o~ other do~lmevia~lo~; reviews, ~om~ pllx~sses, forwards or ~in( as apptop~ate; deskto~ ~bli~hin~. o£ otbe~ sot~T~a~ ~o~me. At, ads vm'ious meetings; serves on committees as noedeck makes Sp0~II~ or Communicates with supervisor, employees, other ~ts, city offici~l~ elected officials, the public, the media, and otb~ indivi~h~l~ as needed to coordinate work activities, tevxew status of work. exchange informat/o~- or resolve problem~ ADDmONAL FUNCTIONS performs other ~ulated dulies as r~qui~d. MINIMUM QUA I .P,~CATIONS five (5) years job ~lated experien~e' Knowledge of the prances ava pnnc~pl~ mvolv~a ~m unplemenung a puv information program Ability to u.~ desk-top publishing as needed for pub~ information program. Page 2 Cit~ of BolutOn ~,*Je#: Florida · Public [nformn44nn Officer 0212 PERFORMANCE APTITUDES Data Utilization: Requires th~ ability to ~waluate~ audit, deduce., ~ncl/or asses data using established crRcria. [X~glud~ cxor~.~qg cTt~g~tion in d~l~l'mmin~ agtX,~fi or pt~oa~[O consequences and in referencing such ~valuafion to ic~nli~ and select Human Interaction: Requires the ability to perform in a supervxsozy capacxty over Stlbordinat~ slipervlSOrs. ,of ~qUipment, n*,,acl:tb~, tools and/Or materials t*'~qutrmg .~mI~x ano rtl:nO ao**lusmxcn~. ~: Requix~s the ability to mili~e a ~ variety of referent, &~scriptlve, ad~iso~ and/or ~-i~n data and i~fformation. and lt~lership, and to exercise incl~pondenl lu~meat to apply lacIs max p~q~ ADA COMPLIANCE ~: T~d~ require the ability to exert ligh~ physical effort in sedentav] to lip. hi work. but which ma~ involve SOll~ lil°dng, carllnn~ ~v~hing aad/or l~dling of objects and materials of light weight (:5-10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Senso . Re 'rememS: Some tndrs require tl~ ability m porceive and disorimi_na~ colors or shades of colors. Environmental Factors: performance of ~ functions may :equue exposm~ to advers~ envtrOnmental conditions, such as-b-mi, fity, rain, temperature exuemes, or bfigh~dim ligl~ The City of Boynton Beach, Florida, is an Equal Oppommity Employer. In complian~ wRh the Americans with Disabilities Act, tho City ~1 provide r~asonablo accommo~la~ons to ~mlified indiviguals with disabilRi~s and encourages both ~e and current employes to disa~s pote~al accommo~tio~s with tl~ employer. ~. _ P~ge 3 WAYNE M. SEGAL 2001 Old St. Augustine Road, D302 · Tallahassee, Florida 32301 · (850) 219-3180 COMMUNICATIONS: RELATIONS STRENGTHS Audience Analysis · Program Planning/Development/Issues Management ° Writing/Edit ng - Special Events/Initiatives TECHNICAL SKILLS · Computer Operating Systems: Windows 371, 95, 98. Software: MS Word WordPerfect PageMaker, ~PowerPoi,n_t,.CorelDRAW, Photo-Paint -G~ap'hic,~, layot~t at~d de~i~jn AREAS OF ACHIEVEMENT Audience Analysis · Defined aud once, engineered ~arketing plan authored written materials for special census, whiCh enabled municiPality to r~atize 10 percent gain in 'state revenue sharing funds, · Developed ma[ket~ng plan,_collateral materials for fund raising project, resulting ~n revenues of $150.000; · Conducted campaign for first time city council candidate. Program PlanningK)evelopment/Issues Management · Plan, coordinate media relatiofl~ fbr state government officials. · created community and media relat °nSprograrns for government, health care prov ders agenc es businesses. · Assisted government, health care providers, agencies, businesses with communications plans and issues management. Writing/Editing · Developed newsletters for govommentat and community agencies, health care prowders, professional and arts organizations. · Produced informational, marketing, fund raising brochures from concept to finished product.- · Accomplished wrRer with extensive experience in press releases, position papers. speeches for a variety of organizations, topics, events. Special Events/Initiatives · Determine. recommend state labor secretary's role in major programs and initiatives affecting work place issues in consultation with customers and constituents. · Provide planning, advice and support for reengineering state labor agency · I~creased downtown revitalization by generating publicity for city sponsored entertainment venue. Wayne M. Segal ['age 2 of 2 Public-Information Director President Public Information Officer Public !nformeti~n Officer M.A., Journaiisrr B.A. EMPLOYMENT HISTORY Labor and Tallahassee, Strategic Communications& P~'oject Management West Palm Beach, Florida Florida ~ ty ~t ph ta~J~ ~hja Pennsylvania EDUCATION 1999-Present 1996-1999 19g4-1996 lgR6-1994 Advisory Past Board Member, Human Past Board Member Chapter) Member, International; Festivals & ~. of Palm Beach County (Flor!da) (Palm Beach/Treasure Coast Member. - Center [West Palm'Beach. Member, Grot~d Break ng Committee, No~tl~wo~a~ommun~ty Florida, December 1998) RESOLUTION NO. R00- ].V-CONSENT AGENDA ]'TEM C.6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORI DA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COMMUNICATIONS SITE LEASE AGREEMENT (GROUND) AND A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND NEXTEL SOUTH CORP.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the C ty of Boynton Beach, F orida,- 3on recommendation of S~aff, .h. ereby authorizes and directs the Mayor and City Clerk to enter into a communications :§ite Lease Agreement and a Mer:norandum of Agreement betWeen the City of Boynton Beach and Nextel South Corp.; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Flodda floes hereby authorize and direct the Mayor and City Clerk to execute a Communications Site~ Lease Agreement and a Memorandum of Agreement betWeen !he City of Boynto, n~Beach and Nextel South Corp., said Agreement being attached 3ereto as Exhibi~ A. Section2._ This Resolution shall become effective immediately upon 3assage. PASSED AND ADOPTEDthis __ day of March, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice M. ayor Mayor Pro Tem Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:Reso~Agr~Nexte1022600 6700 N. Andrews Ave., Suite 700 Ft. Lauderdale, FL 33309 LETTER, OF TRANSMITTAL Date: To: From; Phone No.: RE: February 22, 2000 Nicholas [gwe, Assistant City Attorney 100 East Boynton Beach Boulevard PO Box 310 Beynton Beach, FL 33425-0310 Carl W.. Hatthews / Ft. Lauderdale (954). 229-2714 Fax No.: (954) 275-2416 FL- 2513A-Hi h Point (VZA FEDERAL EXPRESS) In reference to the above site, enclosed for execution please find the following documents: ~ Four I4) original Agreements between Cib/of Boynton Beach and Nextel. > One (1) original Memorandum of Agreement between City of Beynton Beach and NexteL . Once completed please return these documents to me. If you have any questions, please call. Thank you, Carl W. Matthews Encl. S:~South~F]_ Lagal\Sites~500's~513A-High Point,Letter-to atty for execution.doc COMMUNICATIONS sITE LEASE AGREEMENT (GROUNDI - t" is entered into this day of ,2000, bet,yuan This Communications Site Lease Agreement (Ground) ( Agrecmen ) Suite C tv of Boynton Beach, a Florida municipal corporation with art office at 100 East Boynton Beach B.oalevard, P.O. Box 310, Boynten Beach, FL 33425("Lessor"), and Nextei South Co~p. a Georgia corporation d/b/a Ncxtel Communications wth address of iS 1 Trafalgar Court, 300E, Mmtland. FL 32751 ( Les ) For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I Premisas~. Lessor is the owner of a parenl of land (the "Land") and BellSouth Mobility, inc.~ has erected a monopole (the "Tower") on the Beac State of Florida commonly known as Little League Field, 300 Woolbright Land ocatedintheClty°f:B°ynt°n ?e'aeh/~.?~`~n~`~-~f`~almT~eL~Jismorepartico~ar~ydes~tibedinExhib~tAannexedheret~. Lessor,h~..b._Y. the Tower and Land are collectively toe rrope,<~?-. -;--~ ,... a.~a n~,, aloht (558'~ suanre feet of the Land and all access anu unmy ' the wvislen of communications services ( Permitted U '). ~ ~ -r~ ~r~mi~n v be~ased b Lessee for any activity m ¢onnechon. ,Wlt~,~.. p_~. ~. ~ ..... ~ Tower in order to install Lesses's ~. y~se. ,,,~ ~-.- ....... m. ay ?, --*-,~inm a senarate a~recmont vattl a mira pa~ty Lessor acknowledges that Lessee must rose ca~ ....... ~ -- antennas in connection -with the Permitted Use, ~ 3. Tast~ and Const~,u,~lom- Lessee shall hav~, the right a~ any time following the full exec~ion o.f this Agrenment to emer upon the Land for the purpos~ of making appropriate engineering and boundary survey, inspections, soil test borings, other reasonably necessary tasts and constructing the Lessee Facilities (as defined in paragraph 6(a) below). ears commune ng upon construction of Lessee Facilities or One Hundred Eighty (180) ,~ w The term ofthis ARrecment sba I be five (5)y .... '~ nnd termiuntin~ on the fifth ann versary cf thc ,,. 'l~ern~ .......... ~ ~ ...... ,~.~ ,.--mis Ao~eement, whichever' first occurs ("Commancemem. la.~re; ...... .... ~ u.,,o- ,..~e ri~,ht to extend the Term for 'ye fi e 5 ar periods (tt~e ? Kanewm xerm., -.. --- - ..... ~,~- of its i-~*,,"on not to renew six (6) monms poor to four (4) sucenss~ ~v ( )~ye . · ~ s Lessee nounas ..romatianllv be extended for each successive Renewal Term u.nles ~-'- -~-"~"t fur the fourth or fifth Renewal Term by providing a~mmenc ment of the succeeding Renewal Te . Y .... ~. o,~mnv~cemen of such Renewal Term- Notwithstanding the Lessee wriRan notice of such electton no less than slx ( ). Im - eterm of the lease agrenmant between the City' efBoymon - Be:cg~ and BellSouth Mobility, Inc.. da~ed February l,~v~, attach D 5. Rent. (u) Within thirty (30) days of ibc Commencement Date and on the first day ef eech year thereafrer, Lessee shall pay to Lessor as rent Te.._~n Thousand and O0/100 DOLLARS ($10,000.00) per year ("Rent"), plus applicable sales tax. Rent for any fractional year at thc beginning or at the end of the Term or Renewal Term shall be prorated.. Rent shall be payable to Lessor at City of Boynton Beach, 100 E. Boyman Beech Boulevard, FL'33425; ~ttuntion: Finance Director. (b) Rent shall be increased on each anmvessary of the Con'eneacement Date by an amount equal to ~ve percent (5%) of the Rent for thc previous year. exclusive of taxes. (c) As additional consideration, Lessee shall pay Lessor a one time signing bonus in the amount of Seven Thousand and 00/100 DOLLARS ($7,0O0.00) within thirty (30) days of the Cornmencomant Date. ,. · - - Premises as additional consideration, Lessen shall design and construct a materials storage fecthty ("Storage Facthty") adjacent to the (d) As - ' ' 'on and anoruval of the Storage Facility by Lessor, title to the Stumge oenerallv shown on Exhibit B. Upon completion of constru~on .and ot.~, et~ .~.~d ~ ~u .~,a~tenanen onera~ion repair and any other costs Facility shall be turned over to Lessor. t.~.-.. - ..... asseetated with the Storage Facility, 6 Faeil t as; Utillfias; Aeces~ · ' · ' in and o crate on the Premises radio communications facilities, including vathout limitation., utility (a~ Lessee has the right to erect, mamta P ....... : .... : .... + ,~dio transmtt na and receiving antennas, lines transmlssmn hoes, air conditioned equt?fnt sh?e~.). ........ ion therewith Lessee has the right to do all work necessary, to rtine ui ment and structures thereto ( Lessee vScu?s ). m ~nn~,, ,. :.~,.u ~o..,.i~,ion lines connectina the antennas to the suppo g .q ? ....... · ....... bnsmess c,n~rations and ~o work shall be performed at Lessee's sole coSt and expense and in a good iransmitters and receivers. All of Lessan's construction and installatio~ .... e and workmanlike rammer. Title to the Lessee Facilities shall be held by Lessee. All of Lessee Facl tt~es shall remain Lessee s personal prop rty .... or before the expiration or earlier termination of and are not fixtures. Lessee has the tight to remove all Lessee Facilities at its sole expense on the Agreement; provided, Lessee repairs any damage to the Premises caused by such removal. Upon termination of this Agreement, Lessee shall not be ~quired to remove any foundation more than one (1) foot below grade leval. (b) Lessee shall ~ay for thc electricity it consumes in its operations at the rate charged by the servicing utility company. Lessee shall have the right tc draw electricity and other utilities from the existing utilities on the Land or obtain separate utility service from any utility company 's that wilt' provide service to the Land (including a standby power generator for Lessee exclusive use). LesSor agrees to sign such documents or easements as may be required hy said utility companies to provide such service to the Premises, including the grant to Lessee or to the sev/icing · · assec of an easement in, over across or through the Land as required by such servicing utility company re atddy company at ~o cost to ~,e .L, ., ..... ~o*,~ -ecesenrv for such newer or other utilities at Less~e's sole cost and expense, will be at provide utility services as prowuecl ~erem. t~,y ~,~,. .......... · ~ a location acceptable to Lessor and the servicing utility company. (c) Lessee, Lassee's employees, agents, subcontractors, lenders and invitens shall have access to the Premises without notice to Lessor twanty-foor (2~.) hours a day, seven (7) days a week, at no charge. Lessor grants to L~ssen, and its agents employees, contractors, guests and invitees a non-exclusive righi and easement for pedestrian and vehi, B. (d) Lessor shall maintain all access roadways from the nearest vehicular access at all times under normal weather conditions. Lessc expense, except for any damage caused by Lassee's use of such roadw: 7. Interference. ular ingress and egress across that portion of the Land described in Exhibit )ublic roadway to the premises n a manner sufficient to allow pedestrian and shall be responsible for malntuining and repairing such roadway, at its so e ys. (a) Lessee shall operate the Lessen Facilities in a manner tl will r~or cause interference to Lessor and other lessees or licensees of the Land, provided that their installations predate that of the Lessee Facilities. If at any time the Lessee Facilities causes interference to facilities of lcensecs of the Land which facilities were installed prior to the installation of the Lessee Facilities, and such the Le~sor or other lass~.s o.rr. ..... ~. o ..__ ~_ , ..... c ~,oh interference, Lessor may require that Lessee cease IV-CONSENT AGENDA ITEH C.7 RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING THE APPOINTMENT OF KURT W. BRESSNER AS CITY MANAGER OF THE CITY OF BOYNTON,BEACH. FLORIDA AND AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AN EMPLOYMENT AGREEMENT ON BEHALF OF THE CITY WITH KURT W~,, BRESSNER, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desiresto employ the services of KURT W. BRESSNER is City Manager of the City of Boynton Beach, Florida, as provided in Article IV, Section 49 of the City Charter of Boynton Beach, Florida; and WHEREAS, it is the desire of the City Commission to provide certain benefits md requirements regarding the employment of KURT W. BRESSNER by the City; ~nd WHEREAS, Kurt W. Bressner wishes to accept employment as City Manager of the City of Boynton Beach, Ftodda, under the terms and conditions mutually ~greed upon; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 'HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida :loes hereby confirm the appointment of KURT W. BRESSNER, as City Manager of lhe City of Boynton Beach, Florida and directs the Mayor to execute an employment agreement on behalf of the City of Boynton Beach with KURT W. BRESSNER, said Agreement being attached hereto as Exhibit "A", and 'incorporated herein by reference. 022700 Section 2. This Resolution shall become effective immediately upon passage. !~' ,P/ASSED AND~DOPTED this · ~ day of, March, 2000. C ~OF BQYNTON BEACH FLORIDA Mayor ~. Vice Mayor Mayor Pro Tern \TTEST: City Clerk Commissioner Commissioner 022700 EMPLOYMENT AGREEMENT TH[S AGREEMENT, ,made and entered into this · day of March, 2000, by and between the City of Boynton beach, Florida, a municipal corporation, hereinafter called "City" and KURT BRESSNER, pursuant to these terms and conditions: WTFNESSETH: WHEREAS, the City desires to employ the services of KUR~BRESSNERas , as provided by Article iV, , Florida; and "Commission" to employment of the said City and hereinafter called regarding the wHEREAS, KURT BRESSNER wishes to accept employment as City Manager 0t~said City under the terms and.conditions recited herein. 1.0 Duties 2.0 1.1 City agrees to employ KURT BRESSNER (hereinafter "CTrY MANAGER'% to perform the functions and duties spedfied in Article IV, Section 49, of the City Charter and by Q~f Code, and to ;perform other legally permissible and proper duties and functions as the Commission shall from time to time assign. Salary 2.1 salary of ONE HUNDRED FIVE THOUSAND ($105,000.00) payable in equal .periodic installments, paid at the same Ume managerial employees of the City are paid. ~:ity agrees to pay City Manager for his services rendered an annual DOLLARS that other 2.2 The City Commission will periodically review Qty Manager's performance. The first evaluation shall occur approximately six (6) months from ,date of employment. The City Commission shall also provide the City Manager with an annual performance evaluation. 2.3 In conjunction with any review of performance, the City Commission may increase the base salary and/or other benefits of City Manager in such amounts and to such extent as the City Commission may det~ermi~e ~on Manager. 2..4 The bonus 166.02~(7). 3.]. In not 4,0 paragrapti 4,1 his in Section 4, . ,2000. This Agreement shall terminate: 4.0.1. at any time by mutual agreement of CITY MANAGER and the CITY; 4.1.2. upon CITY MANAGER's sustained inability for all or subsi~ntially all of 180 calendar days in a 190 day ,period to perform all or substanUally all of his duUes and obligations pursuant to this Contract, as a result of physical or mental illness or condition. 4.1.3 at any time by either the CTrY COMMiSSION's unilateral termination of CITY MANAGER'S. 4,1.4 the death of CITY MANAGER. 2 5.0. 4.1.5 the resignation of CITY MANAGER Riahts and Oblioations Upon Unilateral Termination by CITY. 5.1 Uniiateral termination shall be in writing following a vote by the City Commission and need ~not reflect'performance related reasons. If this Contract is terminated by unilateral action by the City, City Manager shall be entitled to: prorated ba~e salary paid in a lump sum for the eighty three Annual base salary, shall be divided by 365 days, and that sum shall be multiplied by 183 days, less cu~c~mary withholding, 5.1.2. as-yet unreimbursed expenses 5.1.3. an amount for accrued and unused vacation leave as set forth in Section 6 ofthis Agreement. 5.1.4. an amount for accrued and unused sick leave, as set forth in Section 6 of this Agreement. 6.0 Riahts and Obliaations Uoon Termination by Mutual Aqreement 6.1. If this Contract terminatesi .upon mutual agreement of the parties, C19'Y MANAGER shall be entitledt0: 6.1.1 severance benefits as mutually agreed to in writing by City and City Manager 7.0 Riohts and Oblk~ations UPon Termination Due to Disability or Death. 7.1. If this Contract terminates due to CITY MANAGER's disability or death, CITY MANAGER or his guardian or personal representative shall be entitled to the following compensation and benefits: 0.1.1. disability; base salary to date of death or last day of work if 0.1.2.. reimbursement for as-yet unreimbursed expenses pursuant to this Contract; 3 8,0, 0.1,3, 0.1.4. accrued and unused sick and vacation leave. life and/or disability benefits, jf applicable. 8.1,1. and the City; for ~as~t~;SnmimburSed', e~penses pursuant 9.0 8.1~3.~ a~cruect and. unused, sick and vacaUon leave 8:t:4.,the tOtal accrued, deferYed :compensation as provided herein 8.1.5 continued participation, at Manager's expense, in the City's health insurance program for a period of six (6) months. 8.2. A resignation shall be submitted in writing to the Commission through: the City. C!erk and Shall prOVide for an a~al, resignation date no later ~han th rty (30) days folowing the date of notiCe of resignation, or later with the consent of the City Commission. Automobile 9.1. City Hanager shall be provided with a late model unmarked vehicle for business and unrestricted personal use. 9.2. Oty shall maintain the vehide and shall provide property damage, personal liability and comprehensive insurance in accordance :with current insurance coverage policies of the City, 4 10.0 Vacation, Sick Leave, Disability, Dental, Health, Life Insurance, Retirement, Memberships and Pro[essional/Education Develbpment. 10.1, same life granted to other managerial non-union city. 10.2. City f~een (15)vacation days upon on leave days on include aty :into the city 10.5. The City agrees and )ay for the , travel and official City of Florida such S which the City Manager of the City is a member and as the City may designate, and 10.7 12.0 may ; and s as City City, dudng 3 no way and business-related 13.0 ~mdemmif'ma~ ,', 3f an alleged act or '6 omission occurring in the performance of City Manager's duties as City Manager. City shall either compromise and settle any daim or suit or pay the amount of any settlement or judgment rendered thereon, if not compromised and settled. 14.0 Bonding 15.0 Other Terms and Conditions of Employment 15.1. The Commission, in consultation with the City Manager shall fix such otb.er terms; and conditions of employment, as t may determine from time to Ume, relating to: the 'performance of City Manager, provided such terms and .conditions ate not inconsistent with or in conflict with the provisions of the Agreement, the City Charter or any other law. 15.2 In addition to the~beneflts cited in this Agreement, City agrees to provide ?ty ~Manag~ ?ith any and all benetits that apply to other managerial nomuni0fl e~ployees of the City. 15.3.. The part es agree that there are no estab ished hours of work for the Oty Ma~iager~": ~:~City Manager sha I dedicate himself to the tasks necessary to e{fe~ti~ly and efficiently manage the affairs of the City. The City Manager may adjust his regular work schedule to balance the demands Of extended business days and night meet ngs, upon reasonable notice to the City Comniission. 15.4. City Manager agrees to move into the City of Boynton Beach within six (6) months from the date of actual employment date. City agrees to reimburse the C~ Manager foi~ his moving expenses, up to a maximum of -four thousand ($4,,000,00)dollars. C ty M~nager shall obtain three quotes for mov ng expenses. 15.5 The City will provide the City Manager with computer equipment suitable for on and off site use. 16.0~ Binding Effect t6.1 ' or Agreement, Witness Witness Dated': Witness V~ltness Approved as to Form: .]ames A. Cherof, City Attorney S:ca\agr~manager 030600 Dated: Cib/Clerk 8 IV-CO NSENT AGENDA CITY OF BOYNTON BEACH ITEM D.'I AGENDA ITEM REQUEST FOR ,. Requested City Commission Dale F naI For~ Must be Turned Meeting Dhtes in m City Clerk's Office [] December7. 1999 [] December21, [999 [] Janumy 4, 2000 November 17. 1999 5:00p.m.) December 8, 1999 (5:00 p.m0 December 22, 1999 (5:00 p.m., NATURE OF AGENDA ITEM Requested City Commission Meeting Dates [] Febmary i. 2000 [] February 15, 2000 [] March 7. 2000 Date Final Form Must be Turned in to Ci~ Clerk's Office lanuary 19, 2000 (5:00 p.mo February 2, 2000 (5:00 p.m.~ February 16, 2000 (5:00 p.m.) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing ITl, Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Please place request below on the March 7, 2000 City Commission agenda under Consent - Ratification of Planning and Development Board action. The Planning and Development Board with a unanimous vote. recommended approval subject to all staff comments. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 00- 036. EXPLANATION: PROJECT: MAJESTIC GREETI3NG CARD AGENT: Leuny Siegal Tri-Star Build/ag Corp. OWNER: DSLA Realty Company LOCATION: Southeast corner of High Ridge Road and Commerce Road DESCRIPTION:2.97RequeStacres.Site plan approval to consn'uct a 43,651 square foot 2-story printing warehouse/office facility on PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A D evelo.' e~fi~ D!/ar~' en~D]-?r ecror Planning and Zoning Director t I //tty'i~anager's S~ghamre City Attorney / Finance / Human Resources DEVELOPMENT DEPARTMENT MEMORANDUM No; PZ ~ 00-036 SITE PLAN REVIEW STAFF REPORT FOR PLANNING AND DEVELOPMEI~IT BOARD AND CITY'COMM SSION February 18, 2000 DESCRIPTION:OF PROJECT Project Name:, .* :,:%Majestic Greeting Card Property OWner::, D-S~ Realty Company LTD Applicant/Agent: Tri-Star Bu ding Corporat on Location: Southeas~ corner of intersect on of H gh R dge Road and Commerce Road (High Ridge Commerce Park PID. Lots 19 and 20) File No.: NWSP 99~028 Land Use Plan Designation: Industrial (1) Zoning Designation: Planned Industrial Development (PID) Prol~osed use: Printing and Related Support Services, including Distribution and Warehousing Number of Rooms: N/A Square Footage: Site Area: Building Area: 129,234 square feet (2.97 a~cres) Warehouse - 38.851 square feet Office - 4,800 square feet Total 43.851 square feet Surrounding land uses and Zoning District: fsee Exhibit "A" - Location Map) North - Commerce Road· farther north Boynton Pump and Irrigation Co., zoned PID South - Undeveloped land. zoned M1 East - Lot 18 of the High Ridge Commerce Park PID, undeveloped West - High Ridge Road. farther west a horse farm. outside of City's limits (unincorporated Palm Beach County) Page 2 Memorandum #00-036 Existing Site Characteristics: Proposed Development: Concurrency: The subject property- current y vacant - comprises lots 19 and 20 of High Ridge Commerce Park P D for a total of 2.97 acres· There are 57 trees currently on.site, mostly nuisance species of Australian Pine and Accacia as well as a variety of ',~eeds, grasses and shrubs. The remaining desirable species will be utilized in the landscape plan. There is a 40-foot buffer easement along the western property line. as established in the master plan. Florida Power and Light utility easements extend through the northern, western and southern, property lines The south'side of the property is bordel~ed by the abandoned Miner Road, now a 25-foot buffer, enacted through resolution R97-68. Lastly, gopher tortoises were foUnd On the ~is~l~ a~;d G~pr°perty' and mUStcb~mi&si~ri.be handed in accordance with regulations ~)f the Florida The ~tevelbp.,er is proposing construct on of a one-story; 43 651 s u printir~¢,~var~h0;us~e/0ffice LC ** ~-~'--,; ..... q are foot Pt~PO~4~ S~te' P an)'~'~; ~;~'i'~oX~ p~K,ng (~%e Exhibit "B" - . ~ ;. ~ ~ a ~.~ne.~nnung a~d ~eated Suppo~ Se~i~, including DistribUtion: and Warehous ng, wil be requ red to amend the lis{ of approved 'bses fo~ the PiP maser plan. Driveways: Parking Facility: a. Traffic - A traffic state, me, hr for the project was not prov dod as part of this s Pr or td fina~l '~. ' ! ' · ubm tta ~ . _, approva~ staff, must rece ve confirmatio,, ~,^~- ~ .... ~-,ounty s Jraffic DIvtslon regarding, standards compliance, each b. Drainage - Conceptual drainage information was ~3rovided f * , - · , _ or the city s review. The cty s concurrency ordznanbe requires drainage certification at time of site plan approva!. Th,e Engin~,ering Division is recommend n that the · specific blrainag~ s'o Ut o~s' be deferre,q ~,- + ~--~ -- - g rewew of · · . . '-,, -,,, -~,.~ u/perm ~ rev ew wh compleie engineering doC~rnehts are requi'red , en more Proposed on-site traffic circulatio~ Consists of two (2) two-way entry drive aisles: one, 27- foot w/de aisle, with access to Commerce Road and one. 24- foot wide aisle, with access to High Ridge Road The proposed vehicular use area will progide ~)arking areas Con[aining the required 9-foot by 18-foot spaces (all at a 90 degree angle) and three (3) loading spaces on the east side Of the building- which will not be visible from High Ridge Road· There are 80 parking spaces, proposed, including four designated as handicapped ~ccessible. F~quir~d parking is calculated to be 69 spaces, based on square footage of, the proposed uses. Regulations for the Planned Industrial Developmer~t zoning district determine that parking space requirements are based on number Ofemp oyees on a maximum shift and projected hum :)er of visitors, Pertinent parking requirement calculations must be submitted by the applicant (staff allows the calculation of parking spaces based on square fodtage when emotoyee informat on ts not available). Page 3 Memoranaum #00-036 Landscaping: The landscaping of the site will fully meet code requirements when staff anmme'nts a're nco'~[~orate~t~ ' Special attent (~n;sh~[ be g yen to relocation ~d"~"~.re~a¢~rnertt;'0f.d~i~i'~S~s~hP'ne;~-ees~d'Saba Pa rn currently existing on..the site,-and bom~pliafice With tl!e pe~rrmeter buffer requiCeme of the ma~ter p an (se~ COnd ti'bnS df'aplsr,d~ali. - Building-and Site · Regulations: Building irements when staff Plan: been designed area, will ~CW palette, to ~ doors will Signage: No freest proposal require~L as ;Pa~!i~ bec -, pre, p~s~d at this point. When the signage is the ~larm~ng and Zoning Dlv~ston will be Udes ~, ~[ ~i~n over the no~ entrance ,v ~ ~,~-f~ ~?~ 'q. 7 ¢%:,~' ' z . and ~oS g~ graphics shall be subm~ed :~{'~e ~ga~e must be m conformance RECOMMENDATION: '~ :~ ' -' '¢'' The Planning and Zoning~Divi'sidn ¢b;~Jbmm~fl~S:~P~',Cf this, s!te p!a¢ request, subject to the comments included in Exhlbi~!!iC~!;~.,b~liti~s~ O~/~P¢~t~:'T.h~'-iFechn!ca! pm/Jew Committee (TRC) recommends that the C~efib~¢~& ['8~htifi~d,ln~th~ ~hil~Jt be Co¢rbcted on the set of plans submitted for building permit. - ~" xc: Central File 1AA LOCATION MAP MAJESTIC RIAA ' D EXHIBIT "A NOT IN C|TY~ SITE ." M1 '0; 118 MILE: '0 400. '800 FEET ! ! B" .'C OM M E R:_.QE_ _~_ _R.O_ .A_D George F. White ^.L~. and Associates. Inc EXHIBIT "B" COMMERCE ~. R__..O_ A__D ! l; EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: MAJESTIC GREETING CARD File number: NWSP 99-026 Reference: 2nd Review New Site Plan. File # NWSP 99-026 with a Februa 1 2000 Plannin and Zonin DEPARTMENTS PUBLIC WORKS Comments: NONE iNCLUDE REJEc~ Comments: All utilities easemems shall be shown on the rectified landscaping X drawings so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed Within utility easements. Canopy trees may be planted outside ofthe easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LDR Sec. 7.5-18. ~ gives public utilities the authority to remove any trees that interfere with utility utility easements or pub_Iic rights-Of-way. _ Dept. of Health permits will be required for the water system serving this X ). Fire .flow calculations:will be required demonstrating the City Code X reqmrement of 1500 g.p.m, as stated in LDR chip. 6, Art. IV, Sec. 16, or the requirement imposed by insurance undelwvriters, whichever is see Sec. 26-16(a)). Please submit these calcu permit submittal. Co~p Plan policy~ 3C.3.4 requires the conservation of pota_~ble water; X Ci~ water may n~t, therefore, be used for irrigation wheri 6tier sources aretreadily available. Thig office will not require surety for installation of the water and sewer X utili~ties, on condition that the systems be fully completed and given to the {2ltv before the first permanent meter is set. Note that setting of a permanentt water meter is a prerequisite to obtaining the certificate of occupancy. A building permit for this project shall not be issued until this office has approved the plans: for the water and/or sewer improvements required to Sec. 26-15) The waste stream from the manufacturing process must meet the City's pretreatment requirements. A sampling point must be provided to allow monitoring of this wasm stream. (Sec. 26-143, 26-147) Page 2 MAJESTIC GREETiNG CARD FileNo.: NWSP 99-026 DEPARTMENTS iNCLUDE REJECT Comments: 8. Aifire flow test is required prior to construction. LDR 6-16. The Fire D~partment c'onnection for the fire sprinkler system ma3; not be more ~ , than t50.~eet from, a, hydrant · POLICE~ 7' Comme~i~: ~ -NONE ~- ' ~' ENGiNE MS Comments: . . . ~ . 9. Reflect sidewalk out to Co~mek~e Road. On the Site ~d L~d~cape ~ plus, show the handmap ~cess~ble path out m ~e Commerce ~oad sidewalk as shown~ on ~e:~:i~il Plans', On~e .Si~e Pla,, ~d,.. ~ng.~ ~ & Drawee P~s ~end at least one of~e handmap access~bfl~ paths ·rough the l~dscape ~ea and c9~ect ~t to the pubhc stdew~k to sa~s~ the reqmrements of the Florida Access~bd~ Code. I 0. On Ihe Paving & Drainage ~lan, add a general gote that~the Drainage ~ X Pm 1~o fom~oC~*Smd~dD wlngB29100~a~dmp i~y m 1 shal n ra d o pla~s acco~ingly~ ~ , 11. ~ere shall be no~l~d clewing, land ~emoving or l~d fling Fi~out first obtaining the appropri~e pe~im. [LDR Ch~ter 8} ~i~ I. Seotion 1 ~d Chap~r 7 5, A~icle I, Section 5.B.] 12. A Work in the Right-of-Way ~e~it is required fo~ all cons~ction X w~n the Commerce Road r~ght-of-way. [LDR Chapter 22, Amcle I, S ctio 7 ] , 13. Due to the nature of the business, we recommend ~mblishi~g a fire hne X along ~e west side of the building. ' B~LD~G DIVISION Comments: 14. Add to the building that is depicted on ~e site plan drawing a label~ X : s~bol that identifies ~e location of the h~dicap accessible enhance door to each ten~1 space~ Show and label ~e same doors on'the drawing titled floor plan. Page 3 MAJESTIC GREETING CARD File No.: NWSP 99-026 15. Add to the drawing titled site plan a labeled symbol that represents and , X delineates the path of travel of the accessible route that is required between the accessible parking spaces and the accessible entrance door to each tenant space. The symbol shall start at the accessible parking space(s) and terminate at the accessible entranceg to the building. The symbol shall representthe locations of the path of travel, not the locations of the detectable wam/ng or other pavement markings that are required to be installed along the path. Please nc~.that at time ofpermit review the applicant shall provide detailed documentation on the plans that will verify that the r~4u)~ed 44 inch wide accessible route i~ in compliance with the regulations specified in the Florida Accessibility Code for Building Construction. 16. Within the site data found on sheet SP- 1, identify the proposed finish' X floor elevation of the proposed building (lowest floor elevation). Verify that the proposed elevation is in compliande with regul~/ti0ns of the code by adding specifications and notes to the site data that address the ~ following issues: a) From the FIRM map, identify the title of the flood zone that the buildlng is located within. Where applicable,'specify the base flood elevation, If there is no base flood elevation, indicate that on the plans. b) ,As the design professional-of~record for the project, state on the plan that the proposed floor elevation is above the highest .100-year base flood elevation applicable to the buildin~g, site, a~ determined by the South Florida Water Management Disttict s surface water management construction development regulations. [Section 3107. 1.2, Chapter' 3 t of the Boynton Beach amendments, t6 the 1997 edition of the Standard Building Code] ' · c) Identify the floor elevation that the design profession~l h~,. established for the building within the footprint of the buildlng that is shown on the site lan, floor lan and civil Ians P P . . P · 17. Amend the last sente,,n, ce of note number fiV~ found on the ~ite plan to X state the following: Site lighting will be evaluated at time of permit rewew. The proposed site lighting fixtures ~ill illuminate the site ,, consistent with the specifidat[ons identified in the Parking Lot Code. 18. Clarify the width of the easements that are shown on the dr~.wing titled X site plan. Where applicable, amend the plans so that the proposed structures do not encroach into an easement. 19. At time of permit submittal, provide a completed and executed City X unity of title form. The form shall describe all lots~ i~arcels or tracts combined as one lot. A copy of the deed with legal descriptions of each property is required to pro~ess the f6rm. To unify the properties, the owner identified on each deed shall be the same. Page 4 MAJESTIC GREETING CARD File No.: NWSP 99-026 CLUDE REJECT DEPARTMENTS 1N 20. compliance with:the building-CodeS will :be ~va[uated at time.of permit X review The permit fee, water,and seWer facility Fees, Fire:arrd L!fe Safety fees, County fees and State fe~s ~ill b~de~ermin~d'at fiine iSf permit review. : '~ ~ '- 2 I. Per'nits are required to constmct.~e i~mpr6Ve~en~itl~-t are s~9~ th~:approved site :planiconditi0hal u~e (16~m~ ~)?~it a~p,¢~!ca~n forms are avaflable:~tl~B~¢~~' '9~:p~!~¢tt.t: PAR/<.sANDRECREA~rON'i 7 ........ i ~ ", , Comment~: NONE == · ~ ·' . · . X FORESTE~NVIRONMENTAL!ST .. ~ , , Comments{ NONE ~. · : ,~-, , ~ , X PLANNiNG AND ZONIN Comments: 22.' Site plan, landscape and engineering plans should use the same scale. : Also, the plans should be oriented in th~ same direction.: (Chapter 4, · Section 7, Site Plan submission requikements) 23. Indicate adjacent zoning for properfieg to the south and east On the site plan. (Chapter 4, Section 7, Site plan submission requirements) 24. In tabular summary on the site plan, provide site acreage, totai lot X coverage and net bnildable area in sqhare, feet and acres. -'~s0 provide percentage for pervious and impervious area. (Chipter 4, Section 7, Site Plan submission requirements) ' X ~25. In the tabular summary on the: site plan~ provide data for required and provided parking. Based on code ~equi~ements for Planned Industrial Development, the number of off-street ?arking spaces is based on the number of employees (1,1/2':S3a~S t~o/: each tWo employees on a maximum shift). (Chapter: 4!, .$~et~od 7, Site Pla~. Submission · requirements) ' .26. On the landscape plan, within the 27 foo~~pqrimeter.PID puffer, alternatively, provide one:O) tr~ (~ah~g. any) pei' 40 lir/e~r fee0-t of frontage and a continuoU~ e~gen~¢ hedge~ (maintained at 6 feet) along the outside edge of the buffe/',:~epi~ing ~e ~ocoplum hedge~ proposed along south fence line as required b~ the Master PI~. ' Page 5 MAJESTIC GREETING CARD File No.: NWSP 99-026 DEP · ~ [ REJECT -- 27. On the landscape plan, within the 40 foot buffer easement, alternatively, X provide one (1) Gumbo Limbo tree per 40 linear feet of frontage and a continuous cocoptum hedge (maintained at 3 feet), planter becis of dwarf crouton (hybrid), evergreen giant liriopi, keys lilies, iroxa nora grant, along the north, south and central portions of the west frontage. This should be designed to the satisfaction of staff to be similar to that landscaping design provided on the north side of the PID entrance, along the west side of the Boynton Pump and Supply site 28. Provide mounted color elevation drawing prior to the Planning and X Development Board. meeting. (Chapte~ 4,. Section :7, Site Plan · submission ~requirements) . .- 29. Provide a note on the site plan indicating that all roof top equipment will X be screened from view ata minimum distance of 600 feet· (Chapter 9, Community Design Plan requirements) 30. Submit required traffic analysis to obtain confirmation from Palm Beach X County that project c0nfor~s with Traffic Plan Study. . 31. Use approval required to amend the existing list of approved uses for the X PID Master PIan. : , ADDITIONAL PLANNiNG AND DEVELOPMENT BOARD COMMENTS 32. NONE. · X ADDITIONAL CITY COMMISSION COMMENTS 33. To be determined. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: MAJESTIC GREETING CARD APPLICANT'S AGENT: Lenny Siegal, Tri-Star APPLICANT'S ADDRESS: 2900 N. M tary Trail #165, Boca Raton 33431 DATE OF HEARING RATIFICATION BEF(~RE CITY COM;M SS ON: March 7 2000 TYPE OF RELIEF SOUGHT: NEWSITE PLAN - z LOCATION OF PROPERTY: Southeast comer of intersection of'High Ridge Road and Commerce Road DRAWING(S): 'SEE EXHIBIT "B" ATTACHED HERETO. ~ x THIS MA~I-FER c~me before th,'Ci~ ~!~issio~ o~ the Cty of Boynto. Beach, Florida appearing on the Consent Agenda'on the da~e,aBov~i The city Com._m,?ss[anLbereby adopts the -findings and recommenSation of the Plannin9 and DeVelOpment' BOard.' Which BOard found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton ~ Flodda on the date of hearing stated above. The City Commission having considered the relief sought by the app~ cant and heard testimony from ~he applicant me~bers of city administrative staff and the public finds as follows: Application for the relief sought was made' by the ,~pplicant in a manner consistent with the requirements of the City's Land Dele 0Pment Regulations, The Applicant x HAS ' HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or su ested by the public and supported by substan~tial,competent evidence are as set 99 . . . . . ~ : ,, .-- forth on Exhibit C w~th notation Includ?. The Applicant's application for relief is hereby x GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk Requested City Commission Meet/n~ Dates [] November 16, 1999 [~ December 7, 1999 [-~ December 21, 1999 [--- January 4. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR Date Final Form Must be Turned in to CiW Clerk's Office November 3, 1999 (5:00 p.m.) November 17. 1999 (5:00p.m.) December 8, 1999 (5:00 p.m.) December 22, 1999 (5:00 p.m.) Requested City Comra/ssion Meetin~ Dates [] January 18, 2000 [] February 1, 2000 --] Febraary 15.2000 March 7, 2000 IV-CONSENT AGENDA ITEM E Date Final Form Musl be Turned in to City Clerk's Office January 5, 2000 (5:00 p.n~) January 19, 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m.) February 16, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative Consent Agenda [-- Public Hearing Bids [-- Announcement [] Development Plans --] New Business Legal --] UmSnished Business [] Presentation App[oval of expenditures from Law Enforcement Trust Funds in the mount of $3,785.00 To "We Change Foundation ' EXPLANATION: We Change Foundation is a program directed towards at risk youth that drop out of school. This is a Boynton Beach project. We are required to put 15% of forfeiture funds back into the community in eitheP.yunfu programs or anti-drag programs. PROGRAM IMPACT: Funds will help offset some of their cost for classroom build out. Without the Cities help" We Change Foundation" may have discontinue the program. FISCAL IMPACT: Total donation requested $3,785.00. Funding will be in account 691-5000-590-04-25. The total funds in the forfeiture account are $53.044.12. Funding this request will have no fiscal impact on our budget. PoHce Department Name · 'y Cit~ Mfit~er's Signature / City Attorney / Finance / Human Resources S:~BULLETINr~ORMS~AGENDA ITEM REQUEST FOR/VI.DOC Requested City Commission Meeting Dates [] Novemberl6. 1999 [] December 7. 1999 [] December 21. 1999 [] January 4, 2000 IV-CONSENT AGENDA ITEM F CITY OF BOYNTON ...... AGENDA ITEM QUEST FORM Date Final Form Must be Turned in to City Clerk's Office November 3, 1999 (5:00 p.rm) November 17. 1999 (5:00 p.m./ December 8, 1999 (5:00 December 22, 1999 (5:00 p.m.) Requested City Commission Meeting Dates [] January 18,2000 [] February 1, 2000 [] February 15, 2000 [] March 7. 2000 Date Final Form Must be Turned in to City Clerk's Office January 5, 2000 (5:00 p.m.) January 19, 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m.) Februa~ 16,2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Approve purchase for the fabrication and installation ora Sliding Double Gate System from Comet Fence Corporation at the East Water Treatment Plant site. Woolbright Road entrance, in the amo. unt of $18,274.03. EXPLANATION: This gate entrance has been deleted from the O/T Building Renovation Project by the General Contractor; he has submitted a change order request to credit this non-installation. The Utilities Department then obtained proposals from numerous fence fabricators and installers for this installation. Please refer to the attached memorandum for the summary, of those firms contacted. Only one (11 firm responded back with a proposal. This firm haspreviously performed fencing fabrication and installation services for this site. It is desirous to utilize their expertise for this requested task. PROGRAM IMPACT: This is part of the renovatmn stages at t~he East ~ater Treatment Plant and Utilities Administration Building areas. FISCAL IMPACT: Funds are available in account #409-5000-590-96.10, WTR089, [or the amount of $18,274.03. ALTERNATIV~ None - The designed gate system is part of the site improvements currently in progress. Dep~ nentHead'sSignamre '-/~- Ci~y'Ivlahager'sS'ignature Utilities Department ',. ~f~/~ ~?/0,~. ~¢.. ~ Department Name d/ City Attor~ / Finance / Human Kesources S 5BULLETIN~ORMS~.GENDA ITEM REQUEST FOILM.DOC TO: FROM: DATE: SUBJECT: Director of Utilities Mark G. Law, Project Manager Deputy Utility Director H. David Kelley, Jr., PE/PSM.~ ~Utility Engineer January 29; 2000 Sliding Double Gate System East Driveway Entrance OfF Utilities Building Renovation Project Project #01%2821-99/CJD The Architect issued a Proposal Request (APR) #7 to the Contractor on July 16, 1999 requesting the cost to modify the screen wall foundation at the east driveway entrance by shifting the gate assembly area eppmximately 10 feet south from the original plan location. The Building General Contractor (Contractor) responded back with this Request for Change Order (RCO) #13 'on September 2, 1999, in the amount of $7,972.05. This amount was discussed with the architect at our in-home meeting ~ofSeptember 9, 1999, and a withdrawal directive was sent to the Corrtractor on September 10, 1999 via a letter from the Architect. The Architect issued APR #18 to the Contractor on October 5, 1999 to delete the installation of the double gate, gate operater(s) and other material. The Architect then issued revised APR #18R to delete the gates with specifics on November 4, 19992 The Contractor responded back with his RCO #35 .on December 16, 1999 with a credit of $22,945.00 to not construct any of the gate structure or meChanism. The Depmtment is in the process of accepting this credit and has been in the process of obtaining proposal for the double gate fabrication and installation since the middle of November, 1999:' The Department developed a m,,e,morandum dated November 18, 1999 for the "Ornamental Picket Fence Slide{Gate Systera describing the specifications for the gates and track, both in material and opera~ofl. Seyeral fence comractors were contacted requesting a proposal based on the specifications ~nd attached details. Those firms contacted were: · Bulldog Fencing 737-0824 555 W. Ocean Avenue Boynton Beach, FL. 33435 Page 1 of 2 pages · Rich Company 930-4766 1635 NE 133ra Street North Miami, FL. 33181 Gateway of South Florida, Inc~ 740-0093 5401 N~ 102~ Avenue;SUite 127 Sunrise, FL. 33351 · American Fence Company 965-7514 7540 South Military Trail Lake Worth, FL. 33461 · Comet Fence · 1-800-226-6401 t34t NW 1.3~ Avenue Pompano Beach, FL. 33069 · The Fence Builder 687-3456 7876 Belvedere Road Wegt Palm Beach, FL. 33413 · Pick-it Fence Company 795-8972 2980 .Buck Ridge Trail Loxabatchee, FL. 33470 · Budget Fence .C..ompany 965-9666 1154:South Military Trail West Palm-Beach, FL. 33415 From the above firms, only one (1) responded with a proposal. That firm is Comet Fence. They were the firm that constructed and installed the existing picket, aiong Seacrest Boulevard with the Phase One site development Contract approximately one yea/.ago. Attached is a copy of their proposal in the mount of $15,657.81, plus $1,985.50 for the continuous angle track- on which the gate sections will operate, and plus $630.72 for a center driveway vertical wide flange protection beam to received the closed gates. This total is $18,274.03 Based on the above synopsis~ we recommend that a purchase order be issued to Comet Fence in the stated amount for the fabrication and installation of the gate system for the east driveway entrance to the East Water Treatment Plant site, as an acceptable and sole source provider. The Department is pleased with the site fencing and south driveway gate system previous installed by this firm. Your concurrence and approval of this matter will be appreciated. Due to the lead time for the fabrication; your prompt attention to this matter will be appreciated. If you have any questions regarding this matter, please advise the senders. Page 2 of 2 pages ~:1341-NW 13th Ave, Pompano iBe~Ch, FI 33069 CO~ET FENCE CORP CI~ OF E~I' BO~ B~OL[ BL~, ~N ~[~ ~. 33435 ~61-742-64 X4 DAVID ~LLY, 32'0" ~E R~L GA~E WITE: - 1/2" x 2 3/4" STA~ESS S~ WErE ~O~ WALL ~)UNTED (Double) GUIDE ROL],EgS ,.S, TANLEY ~675-121'~ 1Tlp~ 230v 1 phase I~/DAAULIC SLIDE CATE OPERATORS .ALT~ _ GATE MOUNTED DR1-V~ ' LABOR: THE' ABOV~ DESCRIBED INSTALLED C(FdF,L, ETE ~ (eoo) Fax (954) Date: 1/29/00 SAI~/ EOYNTON BEACH EAST WATER TREATMERT 'PLANT ~V-"'P~, iL - ~ .... 1620 SO'il S~C~ST BO~T~ BEACH, 'F~ ~ Feme Pic~,, 6 ~ O" ~ ~CH 6'fi' wall ~,~ Calv. Steel l . 'TH'£S QUOTATION ZS BASED ON MATc[F/NG THE ' GA~I~'"W'~ Ilq~TALLZD~N'i~I~LSZ I " ' we t~ueby propose to lumish al/abor, t~c~. ~te, eq~ment and ~ ~u~an~ n~ssa~ ~ ~ ~e ~e ~d m~ls a~ per 4. ~e~omer ~a~ea ~tl ree~on~lblllty f~r ~y and all ~ma~ (o undergr~ 11~ p~e. ~e, e~c.. ~t a~e ~t ~ndg m~ee [~ALC~TINSTALLED' $I5,657.8~ l+ PE~IT ~ES IF ~QUI~D) (PRTCE B~qED ON S~ ~l'f ~ ' ............... ~-~l Ca'~) .... : D~L{V~Y: ~0.,~. C~O~i~AT~ TERMg: NET ON BILLING ; ~ YOU~ ............." PRicEs $UBJECT TO CHANGE Wl~O~ NO~CE '.~ ~OM~ F~NCE CORPORATION ACCEPTED: ~ ~; ~AS~, ~;S ~A;g~ .a.;.: 1/29/00 e; _ COMET FENCE CORPORATION :[341 N.W. 13th Ave. POMPANO BEACH FL 33069 (954) 975.5401 1-800-226-6401 FAX (954) 975-6403 Requested City Commission Meetiu~ Dates [] November 16. 1999 [] December7, 1999 -"] December21, [999 [] January 4, 2000 IV-CONSENT AGENDA rrEM G CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned into City Clerk's Office November 3, 1999 (5:00 p.m.) November 15, [999 (5:00p.rm) December 8. 1999 (5:00 p.m.) December 22, 1999 (5:00 p.m.) Requested City Commission Meeting Dates [] January 18,2000 [] February 1. 2000 [] February 15, 2000 [] March 7. 2000 Date Final Form Must be Turned in to City Clerk's Office January 5, 2000 (5:00 p.n~) January 19, 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m.) February 16, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans ~ Consent Agenda [] New Business [] Public Hearing -] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Staff recommends the approval of the Contract with Vila & Son Landscaping Corporation, piggy backing on Board of County Commi~sionars &Palm Beach County contract Bid #399052 to complete the landscaping projects on Seacrest Court, NW 17m Ave., Ocean Parkway medians, and the Circles in the Ridgewood Hills Subdivision for an amount not m exceed $120,000.00 under the Neighborhood Assistance Program. EXPLANATION: Comnnssion previously approved on August 9, t 999,. neighborhood beantification projects $279,920.00 to complete several PROGRAM IMPACT: These projects will assist in contributing to_the ped~s~ian traffic safety and help crime prevention at all locations, as well instilling a sense of community pride., FISCAL IMI'ACT: 2ttese funds have been appropriated as result of the previously approved and adopted budget for this fiscal year. ALTERNATIVES: None COMIVlIJNITY~PM~NT MANAGER. DIP~TOR Ol~ -DEVEY~O'P~[~NT S :~BULLETrN~FORM S'~AGENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources Requested City Commission Meet/n~ Dates [] Novemt~x 16, 1999 [] December7. 1999 [] December21, 1999 [] Janua~ 4, 2000 X-NEW BUSINESS ITEM A CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Cl~rk's Office November 3, 1999 [5:00 p.m.) November 17, 1999 (5:00 p.m.) December 8, 1999 (5:00 o.m.I December 22. t999 (5:00 p.m.) Requested Ciiy CommXaSion Meat/n~ Dates [] January 18, 2000 [] February 1_ 2000 [] w~y 15,~000 [] March 7, 2000 Date Final Form Must be Turaed to Ciiv Clerk's Office January 5, 2000 (5:00 p.m./ January 19, 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m.I F~braaty 16, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [-~ 'Presentation RECOMMENDATION: Motion to consider setting aside $16,500.00 in fiscal year 2000-2001 and $16,500.00 in fiscal year 2001- 2002 to support the On Campus Intervention Program at Congress Middle School. EXI~LANATION: Last year Congres Middle School suspended 30% of its student-'body (428 students) at least once, a higher percentage than any other middle school in Palm Beach~County. The On Campus Intervention Program is designed to keep the students on campu?,:rath~r ~b~an having an off campus suspension. Counselors and teachers' aides work with the students during their time in the program with the goals of reducing out of school suspensions, modifying the behavior of repeat offenders, trying to keep the kids on track academically and providing a classroom environment conducive to teaching and learning. The attached irrformation fxom G. David Fellows explains the program in greater detail. PROGRAM IMPACT: The program at Congress (and Christa McAuliff Middle School) has a three year pricetag of approximately $415,000. The Quantum Foundation is prepared to fund approximately $315,000. The Palm Beach County Sheriff is funding $50,000.00 and $16,500.00 has been committed by the City's Police Department for the first year of the next three. This request before the City Commission is to make a commitment of $16,500.00 for each of the second and third years of the progran~ S:~BULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: This request is truly an advanced request, more than one year before the funds are actually needed. If the City Commission desires to fund this program, $16,500.00 should be placed in the 2000-2001 annual operating budget, and $16,500.00 should be placed in the 2001-2002 annual operating budget. If the City Commission should choose to fund such a program, we have a line item in the budget that would be the r~atural place for such an appropriation. It is the Contribution to Human Services account #001-1211- 512-99.07. ALTERNATIVES: Not to provide fimding for such a program. Assistant City Manager Depatm~ent Name -X C~'tY Mating-er ' s Signature City Attorney / Finance / Human Resources S:kBULLETINWORMS~AOENDA ITEM REQUEST FORM.DOC G. David Fellows Regional V ;e President Personal Financial Analyst Ucensed Florida Modgage Broker PRIMERICA A member of ot~group 639 E. Ocean Avenue. Sutia 205 Seynton Beach. FL 33435 Res. ~56B 740-0237 Bus. t561) 734-1250 Febmaryl4.2000 Mr. Dale Sugatma, Asszsumt City. Manager City of Boynmn Beach [00 E. Boynton Beach Blvd. P.O. Box 310 Boyaton Beach_ FL 33425-0310 Dear Mr. Sugarman: [ appreciate your taking the time to get funding for the On Campus Intervention Program at Congress Middle School on the agenda for the City CormmSsion meeting scheduled for March 7, 2000. This program ismade poss~?ole, in part, because three years ago Chief Gage allocated a police officer to Congress Middle School for an alternative to suspension program. The teacher provided by the school clislrict for that program is still in place and will be filling the teaching position required for OCIP. The Quantum Foundation is entertaining a request for $412.988.96 to fund the counseling component of the On Campus lmervention Program at Congress Middle School and Chrism McAuliff Middle School over the next three years. They appear ~ to fund $312,988.96 of that mount if $100,000 in outside funding can be fount[ The Sheriff's Office is working on securing $50,000 in funding for Citfista McAulitt. Chief Gage is prepared to contribute g 16,500 from the department' s forfeiture funds for the first year of operation at Congress Middle. At this time he is unable to commit to funding for years two and three because the necessary money is not in his forfeiture fund at this time. If the City would commit to fund years two and three, I would imagine that the monies could come fxom the same source. Last year Congress Middle School suspended 30% of its student bod~v (428 students) at least once. a higher percentage than any other middle school in the county. For the prior~wo years it ranked number three with 29% in 1998 and 26% in 1997. Last year 27% of the arrests in Boynton Beach (683 Of 2497) were luyeniles, down slightly from 30°/$ in 1998. Wben properly implemented the On Campus Intervention Program has proven that it can reduce suspensions bem*een 40% to 50% in its first year of opemtiot~ I hope our City'Commission will find this project worthy of its support. Sineedrely, G. David Fellows Ce: Chief Gage Enclosures An independent representative of Primerica Financial Services Representing Pzimerica Ufe Insurance 2.ompany Executive Offices: D~ uth. Georgia Aolo and Homeowners Travelers Indemnity Co, Se:udties ol/ered through PFS Investments Inc. Member of NASD® Executive Otiices: Duluth. Georgia 30099q1(~01 (770} 381-1000 Primerica Financial Semi(es Home Mortgages. Inc. The On Campus Intervention Program A Proven School Based Alternative To Suspension Program To Be Undertaken In Partnership with The School District of Palm Beach County Contact Persons: G. David Fellows 639 East Ocean Ave., Suite 206 Boynton Beach, FL 33435 (561) 734-1250 Jeffrey B. Lefton, L.M.H.C. Associate Director South County Mental Health Center, Inc 16158 S. Military Trail Delray Beach, FL 33484 (561) 637-2129 The On Campus Intervention Program For many students the On Campus Intervention Program (OCIP) is a viable option to out of school suspension. Its objective of providing counseling services to students who would otherwise be suspended is consistent with Goal 6 of the Palm Beach County Health Care District's Strategic Plan. OCIP's goals are to reduce out of school suspensions, to modify the behavior of repeat offenders, to keep students on track academically; m reduce the drop out rate, and to provide a classroom environment conducive to teaching and learning. First implemented at Clearwater High School in Pinellas County in 1995-96, this highly successful program has now Spread to five additional high schools and four middle Schools within that school system The program is housed at an isolated location on the school grounds and requires,an OCIP "s~aff'mg unit?' of fonr people. The school provides a teacher and a teacher s aide. A nOn-profit counseling organization provides a Masters level counselor and secures a counselling intern from a ~ocal co!lege.. Peer counselors also have the opportunity to participate in the program. ParticipatiOn in OCIP is voluntary and requires consent of both the parent and the student. The On Campus Intervention Program is designed to work with students who would otherwise be. suspended. The Assistant Principal in charge of OCI~ makes referrals. Once in the program, students are given an intake assessment to determine what issues may:b~ underlying their disruptive behavior. Daily sessions are held for individual counseling, group counseling, and life skills training Two to four follow-up group counseling sessions are required after discharge from OCIP. Counselors will make referrals to outside'non-profit agencies for any issues that exceed the scope of the program. Students Will also receive four hours of academic tutoring dally. While OCIP addresses health and safety issues by offering _a therapeutic alternative to out of schogl suspensions, its impact on total school student aclfievement is equally as important. Students typically spend more days in OCIP than they would have spem suspended, out onthe streets unsupervised This means fi{al the classroom from which they came is free ora disruptive influence for alonge~ period of time. By returning the student on track academically and with new coping skills to encourage new behaviors, OCI~ can contribute to improving the learning environment for all students in the school. Since half of the students referred to OCIP are 9th graders, the program has a direct positive influence on raising l0th graders scores on FCAT and Florida Writes! tests. A final benefit of the program should not be overlooked. The OCli? counselors can be a valuable asset to the principal in upgrading the skills of their faculty and staff. On occasions such as teacher planning days, when students are not on campus, OCIP counselors can be utilized to conduct workshops in such areas as sensitivity training, conflict resolution, anger management,, etc. for faculty and staff on an individual, or group basis. When fully implemented; the On Campus Intervention Program can have a positive effect on many factors impacting school safety and student achievement. ~;DMINISTRAT1ON BUILDING 3o~ ~ouT~h S~¢et S.~ May 22, 1998 ~O. Box )-942 Largo, FL 33779-2942 {813) 586~1818 FAX (813) 588~202 SchootBoardof Florida E~ Benjamin Barbara J. Crockett ~n¢ Galtucci ! Susan LatvaLa Superintendent j, Howard l-Un~sley, ~d.D. PINELLAS COUNTY SCHOOLS To Whom It May Concern: it is with pleasure that I write this letter of support on behalf of the O.C.I.P. (Off 'Campus Intervention Program) that is currently at Clearwater High School in Pinetlas County; Florida. The O.C.I.P. was developed by the School Advisory Counci[ as a joint venture between the Pinellas County School Board and an agency of Family Resources as an effort to reauce out of school suspensions at Clearwater High. The program's intent is to'modify the inapproPriate disruptive behaviors of repeat offenders and keep students on track academically, thereby, reducing the drop out rate and increas ng the number of students who graduate with meaningful skills. It Js also structured to return the classroom environment to. one that consistently, provides teachers aad students with optimum learning opportunities free of disruption. As you can see by the attached bar graph, suspensions have been significantly reduced since the Off Campus Intervention Program was introduced, thereby~ increasing student achievement. As a member of the Pinetlas County School Board, strongly endorse and support this program. Through the O.C..P, students benefit from reduced suspensions, academic COntinuity and~behavi0 counse[ir~g~ teachers enjoy improved classroom behav or, and community benefil s range from suspension reduction to reduced juvenile crimes in the school com~ nunity. MK David Fellows has been instrumental in the development of this prego tm. and funding has been achieved through his efforts. Because of his comm[t~ ant a~d partnership with Family ResOurces, this ~)rogram will be expanded into three middl_e~scho° s nex~ year. Thank you for this' opportunity i~,o express my overwhelming support of the Off Campus Intervention Program. ~ has brought many benefits to the community, as well as to Pinellas Count~ Schools, and I w~)Uld Strongly urge.other school districts to consider:the implementation ofthis program. Sincareiy, Susan Latvala, Member Pinellas County School Board Attachment Printed on Recycled Paper UNIFORM CRIME REPORTS ARREST FORM JUVENILES ADULTS RACE OFFENSE Total Arrested I Total Male Female Total Male Female White Black Indian Oriental Homicide 2 0 0 0 2 0 2 0 2 0 0 Murder 2 0 0 0 2 0 2 0 2 0 0 0 O 0 0 0 0 0 0 0 0 0 Manslaugh~r . Forcible Sex Offenses 5 0 0 0 :5 5 0 3 2 0 0 Forcible Rape 2 0 0 0 2 2 0 I I 0 0 Forcible Sodomy 2 0 0 0 2 2 0 I I 0 0 Forcible Fondling I 0 0 0 I 1 0 I 0 0 0 Robb~ ~ 38 17 16 1 21 18 3 g 30 0 0 Agg~av~ated Assault 151 31 15 16 120 8g 32 55 96 0 0 2 1 1 0 1 1 0 I 1 0 0 AggraVated Stalking 80 37 37 0 43 35 8 26 54 , 0 0 B~rgl~-~ LarCenyT[hgR 856 414 204 210 442 221 221 449 406 0 1 Pocket Picking I 0 0 0 I 1 0 6 I 0 0 Purse Snatching 0 0 0 0 0 0 0 0 0 0 0 Shopliffing 786 382 174 208 404 192 212 415 370 0 From Bull/ling 8 3 3 0 5 4 1 7 1 0 0 From Coin Operated Device 0 0 0 0 0 0 0 0 0 0 0 From Motog Vehicle 37 22 21 1 15 14 I 15 22 0 0 Bicycic~ 6 I I 0 5 3 2 2 4 0 0 Motor Vehicle pats 2 2 2 0 0 0 0 Il 2 0 0 All Other 16 4 3 I 12 7 5 ~0 6 0 0 M6t&' ~Vehicic Theft 22 16 13 3 6 6 0 ~ 16 0 0 K idn~ig/~biluction 0 0 0 0 0 0 0 0 0 ' 0 0 Arson I I 1 0 0 0 0 ~ I 0 0 Si~01e~Assault 192 22 11 I I 1 170 137 33 96 96 0 0 Sim~ ~ Stalking 2 0 0 0 2 I I I I 0 0 ~a~,otics Offenses 488 45 43 2 443 365 78 2~17 271 0 0 Drugs/Narcotics 378 42 40 2 336 302 34 170 208 0 0 Dni~/Equipment 110 3 3 0 107 63 44 47 63 0 0 Brib~ 0 0 0 0 i 0 i _ 0 0 0 0 0 0 E~mefit 5 0 0 0 5 3 2 3 2 0 0 Fralxd 54 9 3 6 45 28 17 ~2g 26 0 0 False pretenses/Swindling 49 8 3 5 41 27 14 26 23 0 0 Credit CardiATM 5 1 0 1 4 1: 3 2 3 0 0 Im~ersoaetion 0 0 0 0 0 0 ' 0 0 0 0 0 W~lfare 0 0 0 0 0 0 0 0 0 0 0 Wire 0 0 0 0 : 0 ~ 0 0 0 0 0 Cotmt~ff¢it/Forgery 5 2 0 2 3 2 I I 4 0 0 ExtoRi ,fin/Blackmail I I 1 0 0 0 0 0 I 0 0 lntifdidition 0 0 0 0 0 0 0 0 0 0 0 Progthution 0 0 0 0 0 0 0 0 0 0 0 Ndn~Fo~gible Sex Offenses 10 0 0 0 10 10 0 9 I 0 0 Sex Offense 2 0 0 0 2 2 0 I I 0 0 Obscenity 8 0 0 0 8 8 0 8 0 0 0 Bu~y/ge~ceive/Poss. Stolen Property 24 9 9 0 15 15 0 8 16 0 0 DUI 137 0 0 0 137 108 29 128 9 0 0 De~stxu4tion/Damage/Vandalism 14 5 4 I 9 9 0 10 4 0 0 Gfird~li~g 5 I I 0 4 4 0 0 S 0 0 Wpapo~s Violations 14 4 3 I 10 10 0 9 5 0 0 L ~lls0r Law Violations 93 6 5 I 87 $0 7 35 58 0 0 M~s~l aneous 29~ 62 43 19 234 197 37 96 200 0 0 TOT.4~L 2,497 683 410 273 1,814 1,343 471 11,189 1,307 0 I AGENCY: FL0500300-BoymonBeachPolice REPORTING PERIOD: 1999Annual CONTACT: (561)7424186 JudyGlass SOUTH COUNTY MENTALHEALTH CENTERINC. OCIP BUDGETED COSTS QUANTUM BUDGETSUMMARYFORM-YEAR1 AMOUN~ REQUESTED ~ATEGORY DESCR PTION QUANTUM SCHOOL BOARD S,c,M.H.C, TOTAL REQUEST ; CLINICAL SUPERVISOR (.5 FTE) $..1~7 00~,Q0 $0 00 $17,00--0,00_ COUNSELOR $27,000,00 $0,00 $27,000 00 COUbJSELOR $27.000,00 $0 00 · $27,000,00 SECRETARY (.25 FTE) $4,750.00 Sg,00 $4,750,00 TEACHER $0 00 $31,500,06 $31,5~0.00 TEACHER . $0,00 $~.500.00 $31 500.00 PSYCHIATR~ F~) ---- $0,Q0 $0,0_0 $22.0b-~.00 $221000.00 TOT~L~"~ALARiEs $76,75~).00 $53,000.00 $22,060.00 $160,750.00 ; EICA.@~65% OF SAL,AR ES $5~795.D0 $4,819.50 $1,663.00 $12,297,50 WORKERS COMP. ~ 1,5% $1,136 00 $945.00 $330,00 $2,411.00 UNEMP[.OyMEN~ ~COMP. @ 1% $757.00 $630.00 $220:00 $1,607.00 ~RMPI~OYEE MEDICAL INS. @ 11% $8 ~;~-0 . $6,930,~0 $2,420,00 $17,683.00 ETIREM'ENT @ 5% ~3,787 00 $3,150,00 $1,t00.00 ~$8_,uJ7,0~ TOTAL BENEFITS $19,808.~0 $16,474.50 $5,763.00 $42,035.50 NT Laptop computers, TV's,VCR's etc. $12,500.00 $0.00 $0.00 $12,500.00 ~ DPF'I'CE SUPPLIES ~ $250 PER FTE $58~.50 $500.00 $50 00 $1,237,50 'ROGRAM SUPPLIES $1,912 50 $0,00 $0.00 $t,9~.~ TOTAL SUPPLIES $2,600.00 $500.00 $50.00 $3,150.00' \ $0.00 $0 ; SEE RENT .," $0.00 $0.00 .00 TWO CLASSROOMS $0,00 $14,000.00 $0.00 $14,000.00 300 MILES AT.30 PER MiLE PER FTE $250.00 $0.00 $0,00 $250.00-- ) SEE SUPPLIES $0.00 $0.00 $0,00 $0.00- JONE $0 00 $0,00 $0,00 $0.(~u ~,E OF SERVICES CC p COORDINATOR $17,030,00 $0.00 $0~00 $17,030.00 INSURANCE EXPENSE AT 1)125 PER FTE $3,094.00 $2,250.00 $225,00 $5,569.00 STAFF DEvELoPMENT $1,800,00 $1,309,09 $130:91 $3,240.00 ihD[RE~.~*ADMINIsTRATiON @ 7,5% $9,024.90 $7,315.02 $2,111-92 $18,451'84 TOTAL OTHER $13,918,90 $10,874,~1 $2,467.83 $27,260,84 $141,856 90 $104,848,61 $30,270.83 $276,976.34 £ SALARIES ENEFITS EQUIPM[ SUPPLIES UTILITIES- RENT ~APITAL )URCH~ THER TOTALS SOUTH COUNTY MENTAL HEALTH CENTER, INC. OCIP BUDGETED COSTS QUANTUM BUDGET SUMMARY FORM-YEAR 2 AMOUNT REQUESTED CATEGORY DESCRIPTION QUAIqTUM~.; SCHOOLBOARD S.C.M.H.Ci TOTAL REQUEST SALARIES CLINICAL SUPerVISOR (.5 FTE) $17,8§0.00 $0.0.0 $17,850.00 ;OUNSELOR $28,3~Q.00 $0.00 $28,350.00 ~OUNSELOR $28,35.0.00 $0.00 $28,350 00 SECRETATY (.25 FTE) $4,98~7.50 $0.00 $4,987.5C TEACHER $0,00 $33,075 00 $33 075.00 TEACHER $0.OO $33,075.00 $33,075.00 PSYCHIATRIST (.2 FTE) $0~(~0 $0.00 $23~i00.00 $23,100.00 ' ~ $23,100.00' $168,787.5~ TOTAL SALARIES $79,~,50 $86,150:00 BENEFITS FI~A ~'-7,~%.0F SALARIES $5,795 00 $5,080,48 $1,767.15 $12,822.63 WORKERS ~QMP @ 1,5% $1,136,Q0 $992,25 ~:~46,50 $2,474.75 UNEMPLOYMENT COMP. @ t% .$757~,~0 $661,50 $231,00 $;I,649,u0 EMPLOYEE,MEDICAL ~NS, ~ 11% $8;333,00 $7~276.50 $2,541,0~) $15,150.50 RETIREMENT @ 5% $3,787,00 $3,307,50 $1,155,00 $8,249.5~ TOTAL BENEFITS $~9,908.00 $t7,298.23 $6,040~65 $43,146.88 EQUIPMENT $0.00 $0.00 . $0.00 $0.00 SUPPLIES ~FE ~'SOP,~{'ES @ $250 PER FTE $687.50 $500,O0 $50.00_ $1,237.b0 PROGRAM SUPPLIES $1,912.50! $0. Q0 $0,uO $1,912,50_ TOTAL SUPPLIES $2,6_~)0.00 $50~0.00 $50.00 $3,150.00 REI~T $0.00 $0.00 UTILITIES sEE ,, -- ~ $0,00 $0.00 RENT ~(~'CLASSROOMS $0.00 $140O0.00 $0.00 $14,000.00 1'RAVEL ' 300 MILES AT 30 PER MILE PER FTE $250.00 $0.00 $0.00 $250.0u PRINTING SEE SUPPLIES $0.00 $0.00 $0.00 $0.00 CAPITAL NONE $0.00 $0~00 $0,001 $0.00 P_URCHASE OF SERVICES OCIP COORDINATOR -- $17 030.00 $0,00 $0.00 $17,030.00 OTHER INSURANCE E~PENSE AT 1,125 PER FTE $3,094.00 $2,250.00 $225.00 $5'569'00!1 STAFF DEVELOPMENT $1,800~00 $1,309.09 $130.91 $3,240.0u ! ,6t~ 05 $2,2 9 INDIRECT ADMINI~TRAT ON @ 7.5% $9,308.99 $7 . ;15~9 $19,;138.00 I TOTAL OTHER $;1~,202,96 $11 172,14 $2,571.90 $27 947.00 TOTALS $133,428,46 $109,120.36 $31,762,55 $774~311.38 SOUTH COUNTY MENTAL HEALTH CENTER, INC. OClP BUDGETED COSTS QUANTUM BUDGET SUMMARY FORM-YEAR 3 AMOUNT REQUESTED CATEGORY .D_ESCEipTION QUANT~JM SCHOOL BOAR[~ S.C,M.H.C, TOTAL REQUEST SALARIES CLINICAL 6UPERVISOR (.5 FTE) $18,742.50 $0 00 $18,742.50 COUNSELOR $29,76~ 50 $0 00 $29,767.50 ,COUNSELOR $29,767.50 $0.00 $29,767.50 SECRETATY (.25 FTE) $5,236,85 $0.00 $5,238.8u TEACHER ~$0.00 $34,728.75 $34,728.?~ TEACHER ,$0, Q0 $34,7~28 ,SYCHIATRIST (.2 FTE) $0,00 $0 0O, $24,2~5.00 $24,255.00 TOTAL SALARIES $83,~14~88 $691457,50 $24,255,00 $t77,226,88 BENEFITS FICA ~ 7.65% OF SALARIES $5,795~0( $5,313.50 $1,855.51 $12,964,01 ~.ORKERSJ COMP, @. 1~5% $1,136 00 $~,04~86 $363.83 $2,541.69 UNEMPLOYMENT COMP. @ 1% $757,00 $694.58 $242.55 $1,694.1;~ EMPt. OYEE MEDICAL INS. @ 11% $8,333.00 $7,640.33 $2,668.05 $18,641.3u RETIREMENT @ 5% , $3,787,00 $3,472 88 $1,212.75 $8,472.63 TQ_TAL BENEFITS $19,808~00 $18,t63.14 $6,34_2.68 $44,3~3.82 EQUIPMENT $0.00 $0.00 $0.60 $0,00 SUPPLIES 3FFIGE SUPPLIES ~[I $250 PER FTE $687.50 $500.00. $50,00 $1,237.5~ PROGRAM SUPPLIES $1,912;50 $0,00 $0;00 $1,912.50 TOTAL SUPPLIES $2,600.00 $500,00 $50,00 $3~ 50.00 ~ $0.00 $0.00 $0,00 $0.00 UTILITIES SEE RENT . ~ENT TWO CLASSROOMS $0.00= $t 4,000;00 $0.00 $14,000.00 TRAVEL 300 MILES AT .30 PER MILE PER FTE $250.00 _ $0 00 $0,00 $25~ [~RINTING SEE SUPPLIES $0 00 $0.00 $6_.00 $0~00 CAPITAL NONE $0.00 $0.00 $0~00 $0.00 PURCHASE OF SERVICES OCIP COORDINATOR $17,030.00 $0.00 ~ $0.00 $17,030.0_0 OTHER qSURANCE EXPENSE AT 1,125 PER FTE $3,094.00 $2,250.00 $225,00 $5,569.00 STAFF DEVELOPMENT $1,850.00 $1,309,09 $130,91 $3,240.0u, INDIRECT ADMINISTRATION ~ 7.5%' $9,60~.23 $7,925.98 $2,325.27 $19,858.48 TOTAL OTHER $14,501.23 $11,485.07 $2,681.18 $28,667.48 TOTALS $~37,703.60 $113,605.71 $33~328.86 $284,638.17 South County Mental Health CENTER, INC A Private Not-for-Profit Organization Serving South Paint Beach County Sittce 1974 November 30,1999 Chief Program Officer The Quantum Foundation, Inc. 5050 South Flagler Drive, Suite 220 West Palm Beach, FL 33401 Dear Sir/Madam, Attached please find the grant application for the On-Campus Intervention Pro,am (OCIP) to be provided at Congress Communky Middle School and Christa McAulliffe Middle School. The OCI1~ is a school based alternative to suspension program that has been proven to be effective in modifying student behavior, keeping students on track academically, reducing the dropout rare, improwng the classroom learning environment and enhancing student achievement The total amount requested for these two OCI~P's is $141,856.90 for the first year, $133,428.46 for year two and $137;7Q3.60 for the third year This is a total of $412,988.96 over the next three years. Please feel free to contact David Fellows, Jeff Lefton or myself for any necessary clarification or for further information. I look forward to hearing from you in the very near future. Sincerely, Executive Director 16158 South Military Trail o Delray Beach. Florida 33484 · (561~ 495-0522 · (561) 737-8400 · Fax (561) 495-7975 Sponsored by South County Mental Health Center, [nc. and the State of Florida. Department of Children and Families. June 23.1999 Attached for your review is the basic text of a funding proposal for the On Campus Intervention Program. The only component not yet done is the breakdown of cost per OCIP unit. There will be one unit at Congress Middle School and two at Santaluces High School. Thank you for your input. I can be reached at 252-8277 if you have any commems you would like to share. Thank you for your input. 'Believe and Achieve, Dlvid"~llows The On Campus Intervention Program For many students the On Campus Imervention Program is a viable option to out of school suspension, or placement in an alternative education program. Its goals are to reduce out of school suspensions, to modify the behavior of repeat offenders, to keep students on track academically, to reduce the drop out rate, and to provide a classroom environment conducive to teaching and learning. First implemented at Clearwater High School in Pinellas County in 1995-96, the program has spread to two other high schools and three middle schools within the county. During its first three years at Clearwater High School, suspensions were reduced by 58%, the drop out rate went from 3.5% to 1,8%, and scores on standardized tests have improved. The OCIP is housed at an isolated location on the school grounds and requires a staffof four people. The school, provides a teacher and a teacher's aide. A non-profit counseling organization provides a Masters level counselor and secures a counseling intern from a local college, Peer counselors also have the opportunity to participate in ~he program. Participation in OCIP is voluntary and requires consent of both the parent and the student. The On Campus Intervention Program is designed to work with students who would otherwise be suspended. Referrals are made by the Assistant Principal in charge of OCIP. Once in the program, students are given an intake assessment to determine what issues may be underlying their disruptive behavior, Dally sessions are held for individual counseling, group counseling, and life skills training. A two to four follow-up group counseling sessions are required after discharge from OCI?. Counselors will make referrals to outside non-profit agencies for any issues that exceed the scope of the program. Students will also receive four hours of academic tutoring daily. While OCIP addresses heakh and safety issues by offering a therapeutic alternative to out of school suspensions, its impact on total school student achievement is equally as important. Students typically spend more days in OCI[P than they would have spent suspended, out on the streets unsupervised. This means drat the classroom from which they came is free ora disruptive influence for a:16nger period of time. By returning the student ontrack academically and with new coping skills to encourage new behaviors, OCIP can contribute to improving the learning e..nvironment for all students in the school. Since half of the students referred to OCIP are 9~ graders, the program has a direct positive influence on raising l0th graders scores on FCAT and Florida Writes! tests. A final benefit of the program should not be overlooked. The OCIP counselors can be a valuable asset to the principal in upgrading the skills of their faculty and staff. On occasions such as teacher planning days, when students are not on campus, OCIP counselors can be utilized to conduct workshops in such areas as sensitivity training, conflict resolution, anger management, etc. for faculty and staff on an individual, or group basis. When fully implemented, the On Campus Intervention Program can has a positive effect on many factors impacting school safety and student achievement. Who will you serve? The On Campus Intervention Program is a school-based therapeutic alternative to suspension program designed for use at the middle and high school levels Currently we know of no programs of this type in operation in the Palm Beach County School District Congress Middle School and Santaluces High School have been selected to pilot this program for the following reasons: 1. The City of Boynton Beach's Education Advisory Board brought this program to the attention of the School District and is requesting that it be implemented at schools which serve Boynton Beach families; 2. Juvenile crime statistics are on the rise. From 1995 to 1997 juveniles accounted for 25% of the arrests in Boynton Beach In 1998 that proportion rose to 30%. From 1995 to 1998 adult arrests increased by 35%, while juvenile arrests increased by 3. These schools lead the county in putting unsupervised, suspended students on the streets. According to the School District's Gold Report for the t997-98 school year, Congress suspended 421 students (29%) at least once Only Lake Shore Middle suspended more students (448 - 32%). Santaluces suspended 969 students (33% of all students) at least once, most among high schools. 4. Students at these schools are scorigg below both county and state averages on standardized tests. Of the25 middle schools in the county, only six scored lower on the 1999 8th grade FCAT:Math 2 test and only five schools scored lower on the 1999 8a' grade FCAT Reading2 test and the 1999 8a~ grade Florida Writes! test_ Santaluces ranked 15 out of t8 high schools on all three of these tests given to 10~ graders; 5. Principals, administrative staff~ and the School Advisory Councils at both schools support this program as a positive approach to reducing suspensions and improving student achievement; and 6. The School District's Alternative Education Department has made a verbal three-year commitmem to provide the space ano the teachers for the program. Recipients of On Campus Intervention Program services fall into three classifications: Primary - J Secondary Indirect The Primary Group of individuals served by this program will be those students who have committed a violation of the School Discipline Code for which they may be suspended. The Assistant Principal in charge of OCIP will make referrals into the program These students will not only receive services directly from the teacher and counselor who staff the program, but also may receive services from other non-profit counseling agencies they may be referred to for assistance in addressing issues which exceed the scope of the On Campus Intervention Program. What is the service you are offering? The On Campus Intervention Program will be composed of these basic service components: Individual Counseling Group Counseling Life Skills Education Academic Support Aftercare [n-Service Training Individual counseling will be provided as needed b5 a Masters Level Counselor m address a student's individual and family issues, uncooperative behavior, personal conflicts, and academic issues. Upon entering the program, new students are given self- assessment forms, including a suicidal ideation assessment, and an OCI? Student Profile Survey. During individual sessions, this information will assist the counselor in helping the student to identify the issues underlying their disruptive behavior and alternatives to that behavior that will have more positive results. Based on the OCIP counselor's assessment of the individual student's needs, referrals may be made to the school counselor, or to agencies in the communky for further servmes that may be helpful in resolving family problems, substance abuse issues, and other situations that cannot be completely resolved with short term counseling. In the rare event that the counselor feels that a student is displaying suicidal ideations, the parent or guardian and the assistant principal wilt be notified and, if necessary, arrangements will be made immediately to Baker Act the student through the School Resource Officer, or the Clinical Director of the OCIP. Students that have been dismissed from OCIP may return for additional sessions as needed. Group counsefing will be offered daily by the program cQunsetor and will typically address subjects relevant to teens, such as anger management, conflict resolution, goal setting, problem solving skills, establishing individual values, choices and consequences, substance abuse, gang ~nvolvement, wolence, runaway ~ehavtor, communication skills, relationship issues, and other pertinent topics. Unscheduled groups may be called during the day to address special incidents that have occurred in the classroom, or to defuse possible upcoming conflicts. Given adequate space, OCli> is designed to accommodate up to 15 students ar any one time, but can handle as many as 20. It is anticipated that a minimum of 200 students (unduplicated) at Congress Middle and 600 students (unduplicated) at Santaluces High School will directly receive services through OCI~ next year. The guidelines for this program strongly recommend that the primary consideration for admitting a student to the program be as follows: · Classroom behavior that is disruptive, creates a disturbance, or exhibits a lack of respect. · Students who frequently fail to comply with school policies. The Secondary Group of individuals served by OC~ is the school's faculty and staff. The OCIP Counseling Staff can be a valuable resource to the principal. During teacher planning days when the students are absent from school, they can conduct staff development workshops on such topics as classroom management skills, conflict resolution, anger management, etc. As requested by the Principal, these services may be provided on an individual basis. The Indirect Group is undoubtedly the largest to receive program services. The most important objective of the On Campus Intervention Program is the long-term goal of providing a classroom environment conducive to teaching and learning. By removing disruptive students from the classroom for a longer period of time than they typically would have been suspended, OCIP gives the teacher and class a bigger break from a negative distraction, a short-term benefit. By modifying the behavior of program participants prior to returning them to the classroom, OCI~ seeks to make this classroom environment change a long-term one. By achieving this objective the On Campus Intervention Program indirectly impacts every teacher and student in the school. What outcomes are you committed to achieving? Outcome evaluations wilt be conducted at least semi-annually to determine if the program goals are being met and anticipated changes in the target population are, in fact. occurnng. Expected program outcomes for the 1999-2000 school year include: 1. The OCIP will provide services to a minimum of 200 students ar Congress Middle School. 2. The OCIP will provide servmes to a minimum of 600 students at Santaluces High School. 3. A minimum of 75% of students accepted will successfully complete the program. 4. 60% of the students who complete OCIP will not receive a subsequent out of school suspension during the remainder of the school year. 5. The rate of out of school suspensions will drop 40% at each school in the first full year of program operation compared to the base year of 1998-1999. 6. When rating the effectiveness of the program on a scale of l to 5, 75% of the facuky will record scores of 3 or higher. 7. When rating the effectiveness of the program on a scale of 1 to 5, 60% of the students will record scores of 3 or higher. 8. When rating the effectiveness if in-service training sessions provided to faculty and staff on a scale of 1 to 5, 80% of participants will record scores of 3 or higher. As previously noted, the most important objective of the On Campus Intervention Program is the long-term goal of improving the classroom learning environment for all students in the school. If this program is effectively integrated with a school-wide effort to improve school safety, i.e. discipline, and student achievement, the following three- year outcomes can be reasonable expectations. (Note: goals 1 and 2 undoubtedly will be influenced by the opening of the new Boynton Beach High School for the 2001-2002 school year.) Suspensions will stabilize at a rate of 50% to. 60%-b~ow the base year of 1998-1999. There will be a 30% to 40% reduction in th~ high school dropout rate from the base year of 1998-1999. The impact of OCIP will be even greater if the county moves to a six period day, which gives students less margin for error if they are to graduate on time with their classmates As the classroom learning environment improves, so will the scores on standardized tests. The effect of OCIP on standardized tests such as FCAT Math, FCAT Reading, and Florida Writes! for l0th graders will start to appear in the seconc[ program year. Scores on these tests for 8th graders should start to be impacted in the third program year. OCIP's impact on the High School Competency Test (HSCT), a test all t graders must pass in order to graduate, should also start to appear in year three of the program Life Skills education will be offered daily as part of the regular program curriculum and will address such topms as communications, depression and suicide, independent living, family dynamics, goal setting, choices, sexuality and dating, sexually transmitted diseases, substance abuse, gender identity, cultural sensitivity, and other relevant topics. The Life Skills Educator will have prepared lesson plans for each session and will invite discussion among program participants. Academic support for program participants will come from the teacher furnished to OCIP by the School District's Alternative Education Department. Peer cOunselors and volunteers can also be utilized as rmors Teachers will receive a color-coded folder notif?Sng them of their student's length of stay in OCIP, typically three or five days. Teachers will return delinquent assignments, current class assignments, tests, and homework for the appropriate number of days to OCIP via the same color-coded folder. Students will be expected to complete all work assignments during their daily, allotted four hours of academic time, so thaf they will return to their classes academically current. The OCIP teacher will also seek to identify and address any special learning challenges the student may have. The Aftercare component of OCIP is designed to provide additional support to OCIP "graduates." It is also designed to reinforce positive changes that students may be working on. Aftercare should also assist in facilitating the student's return to regular class. The maximum number of weekly aftercare sessions assigned to a student is four. However, additional aftercare sessions may be assigned as needed. Aftercare is provided in small groups, but may also be available individually for students. Either the counselor or the student may initiate individual aftercare sessions. In-Service Training can be conducted on those days when students are nor on campus. OCIP staff can hold meetings to better familiarize the faculty with the program. OCli? counselors can also conduct workshops with teachers and, staff on such topics as sensitivity training, conflict resolution, anger management, communication skills, etc. in order to upgrade their personal skills. As directed by the principal, or at the request ora staff member, these sessions can be made available on an individual basis. Who is going to do it? The effective implementation of the On Campus Intervention Program will require the cooperative efforts o~ The School District of Palm Beach County A Non-Profit Counseling Agency The OCIP Coordinator The School Board of Palm Beach County is responsible for providing adequate space to house the program and a certified teacher to oversee the academic compunent~ The space provided must allow for both academic and private counseling activities to be conducted simultaneously for 15 to 20 students. It is the responsibility of the school housing OCIP to select a teacher(s) they feel has the background and personality that best suitsthe therapeutic objectives ofthe program Since the pr0gram ~s school-based, such day to day necessities as transportation, food services, security, ere. are already in place and require no additional funding. The Non-Profit Counseling Agency. for OCI]? in Palm Beach County is not presently in place. There are a variety of ways this agency could be selected. At Clearwater High School, the school, through an invitation and interview process, selected Family Resources. Family Resources has since become the "Community Partner" for OCIP and is providing counseling services as the program expands (now to three high schools and three middle schools) throughout Pinellas County. Family Resources participation has been funded through Juvenile Just/ce grants and funding from local municipalities as well as the Juvenile Welfare Board. In Palm Beach County, the School District's Alternative Education Department received State funds and, through the FPP process, contracted with Comprehensive Alcoholism Rehabilitation Programs, Inc. (CARP) in February 1999 to provide the counseling services. This contract was terminated when State funding was withdrawn in May 1999. CARP appears to be a very capable organization, is very interested in becoming involved with OCIP, and undoubtedly would enter into another con~ract if funding were available. Since there is no counseling agency presently in place, it's entirely possible that an outside funding source would wish to be involxted in the selection process. If this is the case, great weight should be given to the following criteria: The agency must be well skilled in dealing with teenagers 2, The agency must be well connected with other non-profit organizations so as to facilitate appropriate referrals on an as needed basis. 3. The agency must have the capacity to grow with OCIP in the future as it expands to other schools in Palm Beach County. 4. The agency should have a strong grant writing department so that it can apply for and secure the funding necessary for further program expansion. The OCIP Coordinator is G. David Fellows. Since he conceived of the OCIP concept ar Clearwater High School in 1994, he has been the principal architect and spokesman for the program as it has expanded throughout Pinellas County. His responsibilities still include making semiannual reports to the Pinellas Count? School Board on the progress of OCIP. His intimate knowledge of'the program and his five years' experience in irs operation and implementation make him the person best suited to coordinate the successful introduction of the On Campus Intervention Program into the Palm Beach County schools. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM X-NEW BUSINESS ITEM B Requested City ¢onunission Meetin~ Dates November I6. 1999 December 7. 1999 December 21. 1999 January 4. 2000 Dat~ Final Form Must be Turned into City Clerk's Office November 3. 1999 '15:00 p.m.) November 17. 1999 (5:00pan.) December 8. 1999 (5:00 p.rtr) December 22. 1999 (5:00 p.n~) Requested City c°mma*sion Meeting Dates January lS. 2000 February l. 2000 February 15. 2000 March 7_ 2000 Date Final Form Must be Turned in to CiW Clerk's Office Janumy 5~ 2000 (5:00 p.tm1 January 19. 2000 (5:00 p.m.) February 2, 2000 (5:00 p.n~) February 16, 2000 (5:00 p.na,) [] Administrative [] Development Plans NATUllE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfildshed Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve Special Event Permit for B.A.P.S. church ground breaking ceremony event on March 12,2000, subject to tent inspections by City officials. EXPLANATION: Bochasanwasi Shree Akshar Puroshotam Swammarayan Sanstha S.E. (B.A.P.S.) has requested a Special Event Permit for a groundbreaking ceremony for their church. The event will be held on church property located on S.E 18t~ Avenue (see site plan attached). They expect approximately 490 people to attend the two-hour ceremony. B.A.P S. contact, Jay Patel, agrees that they will pay 100% of all staff, equipment, set up and breakdown costs for the event. Thc Leisure Services Department recommends approval of the special event permit: City ComnUssion authorization is needed in accordance with ordinance #098-37, due to the religious nature of this event and the gathering of more than 250 people, PROGRAM IMPACT: · B.A.P.S. will pay for 100% of all costs fincluding over~rrnel associated with this special event as determined by the Leisure Services Department and Police Department. (i.e.: Police assistance ~vith traffic control, trash removal, clean up, equipment set up and removal costs and r~tals. I · No parking will be allowed in the adjacent fight -of-way. * Sound system will be designed to avoid impact upon adjacent neighborhood properties. FISCAL IMPACT: None. B.A.P.S. will pay 100% of all costs associated with this event. ALTERNATIVES: Since B.A.P.S, has addressed the comments and has received approval from each Department Head, and they can assure a safe event with no impact on surrounding properties, no other alternatives are recommended. D~ ga~' eat Head's Signature ' Leisure Services/Recreation Department Name t' /}/City Manager's Signature City Attorney / Finance / Human Resources I IDIVISI )0 OF SEC (!- 4) C2 ~ru~A. Ti' OF - i i Requested City Commission Meeting Dates [] November 16. 1999 [] December 7. 1999 [] December21, 1999 [] January 4, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cit~ Clerk's Office November 3, 1999 (5:00 p.m November 17. 1999 (5:00 p.m.) December 8, I999 (5:00 p.m.) December 22, 1999 5:00 p.m.) Requested City Comrmssmn Meefino- Dates [] January 18, 2000 [] Febmary I, 2000 [] February 15, 2000 [] March 7. 2000 X-NEW BUSINESS ITEM C Date Final Form Must be Turned in to City Clerk's Office January 5, 2000 (5:00 p.m.) lanuary 19, 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m.) February 16, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administxative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Approve Special City Commission meeting to be held at 6:00 p.m. on Wednesday, March 15, 2000, for acceptance of election results and adminislxation of oaths of office to new City Cormmssioners. EXPLANATION: In accordance with Section 144 of the City Charter. a meeting must be held within three days after an election m accept the results and administer oaths of office to the new officials. This date and time has been suggested to precede the Community Redevelopment Agency meeting. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Set another date and time within the three day period. Department Heard s Signature epartment Name C~ty Manager's S~gnature City Attorney / Finance / Human Resources S:~BULLETI/q~o ILMS~AGENDA ITEM REQUEST FORM.DOC Requested City Commission Meeting Dates [] December21, 1999 [] January 4. 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI-LEGAL ITEM A.! Date Final Form Must be Turned in to City Clerk's Office December 8, 1999 (5:00 p.m. December 22, 1999 (5:00 p.m0 Requested City Commission Meeting Dates _ [] February 1'5, 2000 [] Fcbmasy 29. 2000 [] March 7, 2000 Date Final Form Must be Turned in to City Clerk's Office February 2, 2000 (5:00 p.m.1 February 16, 2000 (5:00 p.m.) [] Administrative [] Development Plans [] Consent Agenda [] New Business ~ Public Hearing [] Legal r-] Bids [] Unfmished Business [] Announcement [] Presentation RECOMMENDATION: Please place the request below on the February 29, 2000 City Commission agenda under Legal Ordinance - 1s~ Reading. The Planning and Development Board with unanimous vote, recommended approval including omitting staff conclitions #2, #3, g4, #6, #9, and #10, in part, based on their finding that the subject request is not a substantial change to the master plan and therefore additional information is not necded. The Board does, however, recommend an additional condition that limits Quantum Park to a maximum of 500 dwelling units. For further details pertath[ng to this request see a~tached Department of Development Memorandum No. PZ 00- 037, and attached Ordinance. EXPLANATION: PROJECT: QUANTUM CORPORATE PARK DRI AMENDMENT #10 AGENT: Winston Lee & Associates, [nc LOCATION: Quantum Park DESCRIPTION: Request to amend the previously approved PID master plan in connection with an amendment to the DRI as follows: Change the master plan land use designation of lots 3 and 6 from Office/Industrial to Industrial Use: lots 39 and 40 from Office/Industrial to Governmental and Institutional Use; lot 50B from Office/Industrial to Industrial; lots 59, 60 61, and 62 from Office/Industrial to Mixed Use; lots 63, 64, 65A, 65B, 66, 67A, 67B and 67C from Office/Indusa-ial/Commercial to Mixed Use; lots 76, 81 and 82 from Office/Industrial to Office/ladustrial/Commemial Use; lots 83, 84, 85, 86. 87 and 88 from Office/Industrial/Attraction and Recreation to Mixed Use; and lot 91 from Office/Industrial/Commercial to Attraction and Recreation Use. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Dev~tJJn6IJe~ff~ ~r t Dire ctor Planning and Zonintg'lJ0dector t ' /itc;Man~ge?'s Signathre- - ' City Attorney / Finance / Human Resources .... 8) Change in the Master Plan designation of Lot 9t from Office/Industrial/Commercial to Attraction and Recreation use. BACKGROUND An amendment to a Development of Regional Impact (DRI) is first and foremost governed by Florida Statutes Chapter 380.06 (19) -Substantial Deviations. The applicant has submitted a Notice of Proposed Change (NOPC) in accordance with the statutory requirements. The NOPC ~s reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council (RPC) and the City. The DCA. and the RPC review the proposed NOPC and provide comments following the procedures outline in Chapter 380.06 (19). The C ty's Land Development Regu at ons Chapter 1.5, Sec. 4.3A requires a preliminary review by the Planning and Development Board of. an amendment to a DRI. Chapter 380.06 F.S. requires that [he local governing body hold a Public hearing to review and approve the NOPC. The City Commission is required to determine whether the proposed change to the Quantum Par~k DRI is or is nota substantial deviation asdefined in Chapter 380.06 (19), If it is determined that the requested change is a'substantial deviation then further review wilt be required pursuant to the statutory requirements. If the City Commission determines that the proposed change is not a substantial deviation then they may take action to approve or deny the requested change. The original DRI Development Order adopted a Master, Plan for Quantum Park. That Master Plan has been amended over the years, the latest change being made in March, 1999. The proposed Amendment #10 alters the approved land uses for that Master Plan,- Therefore the re~,iew of the DRI amendment also constitutes a reviewof the changes to the Master Plan for Quantum Park. In addition to the state statutes, staff has reviewed [he Master Plan in accordance with Land Development Regulations Chapter 2. Section 7, Planned Industrial Development and Chapter 3, Master Plan Approval. Eirst review comments were generated and are ;attached as Exhibit "D". The applicant requested an expedited review schedule agreeing to waive the Opportunity of a second review by the TRC. ANALYSIS Notice of Proposed ChanqefNOPC) -~ Substantial Deviation The criteda for determining if a proposed change to a DR[ is a substantial deviation are outlined in Chapter 380.06 (19), In reviewing the statute section staff determined that at least five of the criteria apply to the proposed change for Quantum Park DRI. The first three criteria fall under subsection (b) which reads as foltows: "Any proposed change to a previously approved development of regional impact or development order condition which, either individually or cumulatively with other changes, exceeds any of the following criteria shall constitute a substantial deviation and cause the development to be subject to further development-of- regional-impact review without the necessity for a finding of same by the local government:". The applicable criteda under this subsection are discussed below, 1. Chapter 380,06(19)(b)9., An increase in the number of dwe 1 ng units by 5 percent or 50 dwelling unit$~ whichever is greater._ The proposed change introduces a new land use category into the DRI Master Plan - Mixed Use. The Mixed Use category includes an addition of 500 residentiai dwelling units. The proposed change exceeds this criteria. Based on several conversations with representatives at DCA, additional criteria apply in the case of a new land use not previously introduced in the DRI. In this case the criteria outlined in Chapter 380.06(19)(e)5.a. applies. That criteria is discussed below and would over ride the determination above. Chapter 380.06(19)(b)10., An increase in commercial development by 6 acres of land area or by 50,000 square feet of gross floor area, or of parking spaces provided for customers for 300 cars or a 5-percent increase in any of these whichever is greater. The proposed change indicates an increase in the commercial square footage of 301,880 square feet.' The existng Mas(er Plan and Development Order limt the commercial square footage to a maximum of 426,888. The proposed Master Plan (Note ¢2) and Development Order language limit the commercial square footage to 728,768. This constitutes a 70.71% increase in permitted commercial square footage. The proposed change exceeds this criteria. However, because the proposal also decreases Office uses, Chapter 380.06(19)(e)5.c applies. This requirement allows the consideration of net changes resulting from the reduction in square footage in one category to offset increases in another, use category. That criteria is discussed below. Because the applicant has failed to provide the Substantia! Deviation Determination Chart as required to properly evaluate the net change, this criteria cannot be analyzed properly. The applicant has ~)een requested to provide the chart. = Chapter 380.06(19)(b)15., A 15-percent increase in the number of external vehicle trip~ generated by the development above that which was projected dur ng the original development;of-regional-impact review. The applicant submitted a brief traffic analysis with the NOPC that provides tdp generation for the entire DRI by proposed ,]and use only. This analysis indicates that a total of 63,737 trips will be generated which is 15 trips less then the 63,752 vested for the DRI. Staff determined that the analysis provided by the applicant was not sufficient to determine the impacts of the proposed char~ge and requested that additional information be provided. The data request was includFd iiq the Is' review comments attached as Exhibit "D". In addition, there is a 'requirement in the DRI Amendment #8 adopted by Ordinance No,. 097-20 that any future amendment involving a change to the permitted land uses mast provide a tra~c study that s to be reviewed by an independent traffic consultant atthe expense of. the applicant; McMahon and Associates rs providing the independent review of the traffic,analysis. The review is ongoing at this time. The results will be available to the City Commission for the scheduled Public Hearing on March 7, 2000. The fourth and fifth criteda which are applicable for review of this proposed change are provided in Chapter 380.06(19)(e)5.,which states: "The following changes to an approved development of regional impact shall be presumed to create a substantial deviation. Such presumption may be rebutted by clear and convincing evidence". Chapter 380.06(19)(e)5.a., A change proposed for 15 percent or more of the acreage to a land use not previously approved in the development order. The proposed cha~nge introduces a new category of land use identified as Mixed Use. This new land use category is proposed to include a mix of commercial, office and residentia, uses. The residential use is an entirely new use for Chis DRI development. At present the PID zoning regulations, Chapter 2. Section 7,F, prohibits residential uses except for hotels and motels. The applicant has requested a code revision to allow residential uses in a PID in excess of 500 acres The Mixed Use oategory will include 62.38 acres which is 11.27% of the total 553.13 acres comprising the Quantum Park DRI. The proposed change does not exceed this criteria. Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the of simultaneous increases and decreases of at muitiuse development of regional with more than three uses specified in 380.0651 (3)(~ and (rg) ;idenfial use, As part of the NOPC application the appliqant is to complete a "Substantial Deviation Determ nat on Chart. This requirement is atso addressed in Chapter 380.06(19)(e)4., which states: "Any submittal of a proposed change to a previously approved developmentsha include a description of individua changes previously made to the development including changes previously approved by the Ioca government. The local government shall cons der t~e previous and current Changes in dec dng whether such changes cumulatively constitute a substantial deviation requiring further development-of- regional- impact review". The applicant has failed to provide this chart citng that t has not been done since the Second ,~mendment to the Development Order and because of the numerous changes to !he,prQject, completing the table ~/ould not be productive. Staff and DCA disagree ~vith this aJ-gu-rnemt. The! scope of the proposed change requested n this NOPC requ res that the: Substantial Deviation Determination Chart be submitted. The information necessary to make a determination based on this cdteria would be provided in the chart. Because-of insufficient data, staff is unable to make a determination regarding this criteria at this time. Conclusion If the proposed change meets any one of the first three criteria analyzed above then it is a substantial deviation and is subject to further development-of-regional-impact-review. If it meets either of the last two criteria it is presumed to be a substantial deviation and may be rebutted by clear and convincing evidence. At this time staff continues to review the evidence provided by the applicant. The traffic irt pacts are under study at this time and additional information has been requested. It is also necessary for the applicant to provide the Substantial Deviation Determination Chart to clarify any further substantial deviation claims. No substantial deviation recommendation can be made until all the evidence requested has been provided by the applicant and reviewed by staff, DCA and the RPC. Master Plan Modification The proposal submitted for the NOPC modifies the approved Master Plan for the Quantum Park DRI. The nature of the changes to the Master Plan fall into two categories. The first set of changes are housekeeping items to reflect the uses-which are existing at this time. The second set of changes introduce into the Master Plan the 62.38 acre mixed use development known as "Quantum Village". A descriptive summary of these changes is provided below. Lots 3 and 6 The land use designations for these lots have been changed to Industrial (I) from Office/Industrial ('O/I). The change is being made to be consistent with the approved site plans for warehouse, distribution and storage facilities. These facilities are Bocar properties. 4.075 acres (Lot,3) and Stanton Magnetics. 2.232 acres (Lot 6). Lots 39 and 4q The land use for these two lots hCs been changed to Governmental and Institutional (G&I) from Office/industriaL These lots were purchased by the Palm Beach County School Board and are used for parking purposes. The total acreage of the two lots is 5.008. Lot 50B This 4.250 acre lot has been changed from Office/industrial (OI) to Industrial (I). No explanation was given. Lots 76, 81, 82 These ors have been changed from the Office/industrial (OI) land use category to the Office/Industrial/Commercial (OIC) category. The previous DRI Amendment #9 changed them to their current (OI) designation from the proposed (OIC) designation without consent from the subject property owner. No other explanation was provided for this change. These three lots compdse 12.823 acres. Lot 91 This lot has been changed from Offce/Industriat/Commercial (OIC) to Attraction and Recreation (AR). This change is made to reflect the approved development for a dual ice rink - skating facility known as "Frozen Ponds'. Tract 91 is comprised of 6.550 aces. The (AR) land use designation proposed for this site is being reviewed for appropriateness by the Treasure Coast Regional Planning Council. They expressed concern to staff whether Frozen Ponds meets the DRI definition for the AR land use category. The RPC comments, if any, will be available for the scheduled public headng for this NOPC, and could lead to maintaining this lot with the 'Commercial" designation, and various other changes to the lot use designations to offset this unanticipated "Commercial" acreage increase. Lots 59, 60. 61, 62, 63, 64, 65-A, 65-B, 66, 67-A,67-B, 67-C, 83, 84, 85, 86, 87, and 8~ These 18 Lots are being changed from: Office/Industrial (OI); Offce/Industrial/Commercial (OIC); and Office/ Industrial or Attraction and Recreation (OI & AR) to Mixed Use (MU). The Mixed Use category is not clearly defined at this time but will include a combination of office. commercial and residential land uses. A conceptual site 91an titled "Quantum Park and Village" was submitted with the application. This site plan represents a type of "urban village" concept that is the departure from the original intent of the Quantum Park DRI specifically due to the introduction of residential land use. A total of 500 residential dwelling units are proposed for this 5 site. The conceptual site plan is not the subject of any approvals at this time. The total land area for these 18 lots is 62.38 acres. The major focus of the analysis for this Master Plan amendment is the prc~posal for the Mixed Use land use category. The Quantum Park DRI has been amended nine times over the years, which is not unusual for a DRI of this type. The Florida Statute governing the DRI process, Chapter 380.06(19), provides for and anticipates amendments stating that "There are a variety of reasons why a developer may wish to propose changes to an approved development of regional impact, including chanqed market conditions". The Proposed change requested.by Amendment #10 is a significant depar[ure from the existing character of development for the Quantum Park DRI. This proposed change tothe Master Plan was ana~lyzed from two perspectves. The first s the potential for creating additional regional impacts. The second is the cons stency and compatibility of the proposed change with the reguations and policies adopted by the City through the Comprehensive Plan, Land D~velopmen~ Regu]at ohs and (~ther applicable studies such as the Visions 20/20 plan. Regional Impacts A development has gone through the DRI process because the projected impacts are considered regional in nature. Any change to that development must be analyzed to determine if the changes proposed create additional impacts above and. beyond what was originally idet~tifled and mitigated. In the case of the Quantum park DRI the major issue is whether there will be an increase in traffic resulting from the land use redistribution/redesignation. A arovision in Amendment #8 to the Quantum Park development order requires that" A traffic study shall be submitted with any future application requesting a change in use designations on any lot. The City shall hire, at the applicant's expense, an independent traffic consultant to review the study". In accordance with this provision the City has retained McMahon and Associates to conduct the review of the applicants traffic study. In analyzing the traffic impacts, tdp generation and operational characteristics of those trips are taken into consideration. The applicant's initial traffic study provided tdp generation data only for the proposed change. Staff's 1~t review comments requested additional data including AM and PM peak analysis, trip distribution and assignment and a comparative trip generation table. The applicant provided the additional dater and it was forwarded te McMahon and Associates for their review. McMahon and Associates has also requested additional data from the applicant that bas been forwarded to the applicants traffic consultant At this time the analysis for traffic .~mp~cts is on-g¢~ng. No determination has been made. The recommendation of the traffic consultant will be available for the Public Hearing on the amendment request. The :Department of Community Affairs and the Treasure Coast Regional Pianning Council focus their review of the amendment on regional issues exclusively. Staff has received preliminary comments from FDOT regarding traffic which also requests additional information be provided by tl~e applicant. Both DCA and the RPC comments on this project will be available an or after February 25, 2000, which is their deadline for review of this amendment. Comments from these agencies will be inset[ed into the analysis once received. 6 Consistency and Compatibility with City Policies Comprehensive Plan - In the NOPC for this amendment, the applicant responded negatively to Question 11 asking whether the proposed change-will require an Amendment to the City's Comprehensive Plan citing Policy 1.16.1 which outlines the permitted uses in the industrial category. What is at question is the residential use proposed with this amendment· It is true that the Industrial category allows those uses permitted in the- Office Commercial and Local Retail Commercial land use categories if approved as such in a planned industrial district. 'i'he Local Retail Commercial land use category does permit multi-family residential development. However, the narrative providing for the permitted uses in the Industrial category speaks to Industrial and Planned Industrial Development uses only including ancillary commercial and office uses. It does not mention residential nor was it the intent of the Comprehensive Plan to permit i'esidential uses in the Iridustrial category. The data and aha ysis for this land use category does not take into account residentia [Jse. ' The applicant cites the City's Comprehensive Plan objectives and policies promoting m xed use development. This Qbjectve I 15 states: "The City sha l encourage planned development projects which are sensitive to characteristics of the site and to surrounding lend uses, and m~xed use projects in locations which are appropriate, and utilize other innovative methods of regulating !and development.~ The accompanying policies address commercial/residential mixed uses being allowed in the Mixed- Use and Local ,Retail Commercial land use category. No mention is made of allowing them in the Induatrial category. The mixed uses promoted for the Industrial land use category are commercial/industrial and commercial/warehouse uses. There are two policies in the Future Land Use Element of the Comprehensive Plan which seek to ensure the continued availability of land for industrial uses. These policies are being amended in the EAR process and the amended version is provided below. Policy 1.19.2 The City shall provide continued e~fort to allow for industrial acreage.which can accommodate the approximate industrial employment which has been projected in the Future Land Use Element, and prohibit conversion of land desiqnated "Industrial' on the currently adopted Future Land Use Map unless such conversion woutd qenerate a ran,qe of employment choices for current and future residents, provide q¢ods and services of reqional imbortance, and retain reqional fiscal and economic siqnifiCance. Policy 1.19.4 The City shall continue to encourage and enforce the development of Industrial [and' as industrial parks or concentrated industrial areas in order to maximize the linkage between complementary industries. During the review of the last several changes to the Quantum Park PID/DRI staff has err phasized the potential loss of parcels designated specifically for industrial use. As stated in the staff report for Amendment #9. this conversion began with the accommodation for the planned high school, which removed approximately 40 adjacent acres (12 parcels) from the "Industrial" category, and included the conversion of several parcels from "Industrial" or "Office" To "Commercial" for the Carmax project. The proposed change for Amendment #10 continues the trend away from a strictly industrial park development to an expanded mixed use concept allowing a vadety of land uses including residential. It is evident from the review of the Comprehensive Plan that the current po icies of the City maintain and promote the availability of land for industrial development as well as prowde for certain traditional types of mixed use development. The amendment as proposed cha enges those policies. Although no additional acreage s proposed, the amendment changes the distribution of land uses in the Quantum Park DRI by reducing industrial and office uses, increasing commercial uses and adding a residential component. One purpose of the Future Lahd Use Element of the Comprehensive plan is to provide for a balance of land uses [o meet the needs of the City and t s res dents Th~s also assists the City to determine and provide the necessary public services for the anticipated population and development. The proposed change for Quantum Park does affect the data and analysis used to provide the basis for the land use policies and distribution In particu ar the Comprehens ye Plan projected a surplus of commercial land use without further increases by the build-out date. The proposed Quantum Park amendment does not add additional commercial acreage but does add a significant amount of commercial square foo~ge. Aisc, despite the support ng role that res dential uses have in the success of mixed use proiects, the addition of the residential units will affect the population project ens for the city which in turn impacts local resources such as parks, schools and other ~ublic services Approval of the amendment as proposed requires the City to adjust it's policies regarding mixed use development a~c to assess the impacts that the proposed change will have regard ng the Future Land Use F_Jement of the Comprehensive Plan. At a minimum, a Comprehensive Plan amendment would be required for the current proposal to allow for residential and mixed use development as pro, posed. During this 'process the City will be able to eva uate the impacts of the DRt land use changes as they relate to the data and policies in the Comprehensive Plan. Land Development Requlations - The Quantum Park DRI is zoned Planned Industrial Development (PID). As stated in Land Development Regulations Chapter 2, Section 7 Planned Industrial Districts: "~'he pu(pose of the PtD distdct is to provide a zoning classification for light inddstrial, development that w better satisfy current demands for ight industda zoned lands by encouraging ~e~;eloprr)ent which will reflect changes in the techno egy and and deve!,opment and relat~ th~ deve ppment of land to the specific site and conserve natural amenities. Once again the proposed change puts more emphasis on the mixed use concept favoring commercia uses rather t~an indusirial as is the intent of the code. In addition the st of proh bited uses in the PiE) zoning district includes residential uses except for hotels and motels. The proposed amendrnent to the Quantum Park Master Plan requires that the PID Section cf Chapter 2 Zoning be amended to permit the add t on of 500 residential units. The applicant has submitted a code revision application. They are propos ng anguage that will a ow residential uses only in a PID of ove~ 500 ~cres~ That aPi~lication' is being reviewed s mu taneously and is the sub.~ect of another staff report. Conclusion The proposed change to the Quantum Park DRI/PID requires the City to shift its policies regarding industrial land use. In order to accommodate the type of mixed use development proposed for this PID, the Comprehensive Plan and Land Development Regulations must be amended. RECOMMENDATIONS Pursuant to Florida Statutes, Chap[er 380.06(19) Substantial Deviations, the applicant has attempted to justify that the proposed change does not constitute a substantial deviation to the Quantum Park DRI. The applicant must provide clear and convincing evidence supporting this assertion. The applicant must provide additional information before a determination of no 8 substantial deviation is made by the City. The additional information which must be provided includes: Traffic analysis data req Jested by the City and McMahon and Associates which analysis is found by McMahon andAssociates not to create additional regional im ~acts. The Substantial Deviation Determination Chart showing that the increases and decreases in the Quantum park DRI meet the threshold requirements of Florida Statutes Chapter 380.06(19)(e)5.c. Regarding the modificat on to the Quantum Park Master Plan staff recommends that the request be conditionally approved subject to the applicant filing and receiving approval for a text amendment to the Comprehensive Plan and the approval of the zoning code revision allowing residential uses in a PID. · LOCATION MAP QUANTUM PARK NOT II~J CITY pin !I.IANTIJ M PARK) ~U '0 FEET 1/8 400. '80C EXHIBIT "B" '1 EXItIBIT "D" Condi~roval Project name: QUANTUM PARK DRI File number: MPMD 00-001 Reference: REVISED tst Review, New Site Plan. File with, January 11, 2000 Plannln~, and Zonin, )epartment da~e stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTiLITIES 1. The master plan indicates a significant change in usage from office/ X commercial/industrial to mixed use in several locations. Adding a residential component will require a re-review of the water and sanitary sewer demands to be placed on our systems. Please have the applicant prov[deestimated demands for all of the proposed changes. FIRE Comments: NONE X POLICE Comments: NONE X BUILDING DIVISION Comments: 2. Submit a letter describing the proposed changes. X 3. To verify compliance with the maximum intensities that are described X within note number two, submit square footage computations of the gross floor area of the existing sites that have development order approval. Identify the lot number and total floor area square footage of all sites with development order approval. Total the floor area and categorize them in the land uses that are identified in note two. i~NGINEERING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Page 2 Quantum Park DR1 File No.: MPMD 00-001 DEPARTlV~NTS I 1NCLUDE I REJECT Comments: 4. The Notice of Proposed Change (NOPC) document which accompanies this X Master Plan revision does not account for Quantum Lots 83-88 in the narrative provided for Question #5. Add these lots to the list as 5.11 changing the use from "OI or AR" to"MU" as shown on the Master Site Plan and provided in the acreage table on page 4 of the NOPC report. Also, for your records, the 8th Amendment was adopted by the city on June 3, 1997 by Ordinance No. 097-20. The NOPC document, page 5 shows the date of adoption as March 17, 1997. 5. Revise Item #2 Under the Notes section on the Master Site Plan sheet to X reflect the uses and intensities as proposed by Amendment #10. 6. Under the conditions of Amendment#8 to the Quantum Park D.O. and X Chapter 3, Article IV of the Lend Development. Regulations a traffic analysis is required for this Master Plan approval. In addition a traffic analysis is required to assist in determining if the proposed changes will generate additional regional impacts pursuant to Chapter 380 06 (18) Substantial Deviations. A traffic statement was provided but is insufficient to provide the analysis required. Provide a traffic analysis for Amendment #10 which at a minimum inaludes: - An AM and PM peak analysis for uses proposed in Amendment #10, particularly the 500 residential units, - Trip distribution and assignment for the proposed use changes, - Comparative trip generation table providing data for the uses originally approved, those recently approved (Amendment #9) and those uses proposed for Amendment #10. This traffic analysis will be reviewed by an independent traffic consultant as required by Quantum D.O. Amendment #8. 7. Quantum Park DRI development is delinquent in providing the required X annual report for the year 1998. In addition, the 1999 annual report is due February 15, 2000. Annual reports must~be provided in order to maintain the existence of the DO and the vested fights associated with it. As a condition of approval of this Master Plan Amendment #10 the 1998-99 Annual report may be combined and submitted to the City's Planning and Zoning Department no later than May 1, 2000. 8. Industrial tracts #47-A and #47-B are not labeled on the Master Site Plan. X Label these tracts. 9. Approval of the Master Plan is contingent upon a finding of no substantial X deviation by the City. The applicant must provide ad~ditional information before a determination of no substantial deviation is made. The additional information includes: Traffic analysis data requested by the City and McMahon and Associates which analysis is found by McMahon and Associates not Page 3 Quantum Park DRI File No.: MPMD 00-001 DEPARTMENTS I INCLUDE REJECT to create additional regional impacts. .The Substantial Deviation Determination Chart showing that the mcreasas and decreases in the Quantum Park DRI meet the threshold requirements of Florida Statutes Chapter 380.06(19)(e) 10. Approval of the Master Plan is contingent upon the applicant filing for and X receiving approval for a text amendment to the Comprehensive Plan to permit residential use in the Industrial land use category. 11. Approval of the Master Plan is contingent upon the approval of the X applicant's code revision requestto permit residential development for large scale projects in a PID zoning district. AND DEVELOPMENT BOARD COMMENTS ADDITIONAL PLANNING 12~ Delete comment #2. X 13. Delete comment #3. X 14. Delete comment #4. X 15. Delete comment #6. X 16. Deletecommant # 9. X 17. Delete comment #10. X 18. The Quantum Park PID master plan shall be limited to a maximum of 500 X dwelling units. I ADDITIONAL CITY COMMISSION COMMENTS 19. To be determined. ORDINANCE NO. O - AN ORDINANCE OF THE CiTY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR A DETERMINATION WHETHER CHANGES TO THE-COMPREHENSIVE DEVELOPMENT OF REGIONAL IMPACT APPROVED IN ORDINANCE NO. 84-51, AND AMENDED IN ORDINANCES NOS. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20 AND 9905 'CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380 06, FLORIDA STATUTEs, 1996~ AND WHETHER FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS REGARDING SUCH CHANGES~ AMENDING THE DEVELOPMENT ( 86- 11, 86-37, 88-3, /LND 99-05) FOR PURPOSES OF I~ AppROvED CHANGEs, AND PROVIDING AN EFFECTIVE DATE. XT-LEGAL ITEM A.1 WHEREAS~ Riteco Development Corporation, a Florida corporation ("Riteco") 1led with the City of Boynton Beach (the "City') an Application for Development Approval )f Comprehensive Development of Regional Impact (the "ADA') on May 21, 1984, regarding that certain property (the "Property") described in Exhibit 'A", attached hereto and made a part of hereof; and WHEREAS, the ADA was approved and the Development Order for the Property vas granted December 18, 1984 pursuant to Ordinance No. 84-51 (the UDevelopment Order"); and WHEREAS, Riteco subsequently conveyed its dght, title and interest in and to the Property to Boynton Park of Commerce, Inc., a Flodda corporation ("Boynton Park"), and, Boynton Park, in turn, subsequently conveyed its right, title and interest in and to lhe Property to Quantum Associates, a Florida general partnership (the "Developer"); ~nd WHEREAS, the City approved previous applications to amend the Development 3rder which applications were approved by the City in Ordinance No. 86-11, Ordinance 36-37, Ordinance No. 88-3, Ordinance No. 94-10, Ordinance No. 94-51, Ordinance 96- Page 1 of 6 33, Ordinance No., 96-65, Ordinance No. 97-20, and Ordinance No. 99-05; and Recreation (AR) land use designation for this loot to reflect the approved development as a dual ice rink-skating facility. The proposed change is requested without an increase in the total vested tdp eneration of 65,752 trips: No change to the DRI is 13roposed other than as set forth ereln. WHEREAS, the City Commission of the City of Boynton Beach, as the governing body having jurisdiction, is authorized and empowered to consider applications for amendments to development orders approving developments of regional impact )ursuant to Chapter 380.06, Flodda Statutes (1996); and WHEREAS, the City Commission has considered the testimony, reports and )ther documentar~ evidence submitted as said public hearing by Quantum, the City staff and the public, and the City Planning and Development Board's recommendation of the 22"0 day of February, 2000; and WHEREAS, said City Commission has considered the testimony, reports and )ther documentary evidence submitted at said public hearing by Quantum, the City staff and the public, and the City Planning and Development Board's recommendations of the 22nd of February, 2000; and WHEREAS, said City Commission has considered all of the forgoing. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. A notice of public hearing was duly published on the 26th day of February, 2000, in the Palm Beach Post, a newspaper of general circulation in Boynton Beach, Florida, pursuant to Chapter 380.06, Florida Statutes, ano proof of said 3ublication has been duly filed. Section 2. The Development Order shall be amended to include the following provisions: .ots 3 and 6: Page 2 of 6 The Lot 3 and Lot 6 Land Use Designations have been changed to Industrial (IND) from :Dffice/Industdal (O1). The change is made to be consistent with the approved Site Plans for warehouse, storage and distribution developments. Lots 39 and 40: The land Use Designation for the lots has been changed to Governmental and Institutional (G&I) from Office/Industrial (OI). The Palm Beach County School Distdct has purchased these lots for parking and school related purposes. ~t 50 B.'. The Land Use Designation has been changed from Office/Industrial (IND). Lots 59. 60, 61, 62: These tots were previously designated as Office/Industrial (OI) Land Use. The Land Use has been revised to "Mixed Use (MU)". The proposed Mixed Use Land Use Designation includes office, commercial and residential uses: Lots 63.64.65A. 66. 67A. 67B and 67C: 1'hese lots were previously designated as Office/Industrial/Commercial (OIC) Land Use. The Land Use has been revised to "Mixed Use (MU)". The proposed Mixed Use Land Jse Designation includes office, commercial and residential uses. _ots 76. 81 and 82: These Lots are currently-designated as Office/Industrial (OI). The previous Office/Industrial/Commercial (OIC) Land Use Designation was amended by Notice of Proposed Change No. 9 and the revised Master Plan submitted in support of that change. It is proposed to change the designation to Office/Industrial/Commercial (OIC). Lots 83. 84.85, 86, 87 and 88: The Land Use of these lots was previously designated as Office/Industrial (O1) or Attraction and Recreation (AR) Land Use, The Land Use has been revised to "Mixed Use (MU)", The proposed'Mixed Use Land Use Designation includes office, commercial and residential uses. Page 3 of 6 ..L. ot 91: The Office/Industdal/Commemial (OIC) designation has been changed to Attraction and Recreation (AR) land use designation for this lot to reflect the approved development as a dual ice rink-skating facility. Section 3. The Development Order shall also be amended to include the ;onditions of Approval, attached and incorporated herein as Exhibit "B". Section 4. Upon consideration of all matters described in Section 380.06, Florida Statutes (1996), it is hereby determined that: A. The amendments proposed by Quantum do not unreasonably interfere with the achievement of the objectives of the adopted state land development plan applicable to this area. B. The amendments proposed by Quantum are consistent with the local comprehensive plan and are, or will be, consistent with the local land development regulations, subject to the conditions outlined above. C. The amendments proposed by Quantum are consistent with the recommendations of the Treasure Coast Regional Planning Council, subject to the conditions outlined above. D. The amendments proposed by Quantum do not create any additional regional impacts and therefore do not constitute a substantial deviation under Chapter 380.06, Florida .Statutes (1996). Section 5. The City Commission has concluded as a matter of law that these ~roceedings have been duly conducted pursuant to the provisions of Chapter 380.08, =lodda Statutes (1996), that Quantum is entitled to the relief prayed and applied for, and :hat the Development Order is hereby amended incorporating the amendments ~roposed by Developer as set forth in Section 2 above. Page 4 of 6 Section 6. Except as otherwise amended herein, the Development Order shall remain in full force and effect. Section 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 8. 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 9. Authority is hereby grantedto codify said ordinance. Section 10. This ordinance shall become effective immediately upon passage. FIRST READING this SECOND READING ,2000. day of ,2000. and FINAL PASSAGE this day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner .TTEST: City Clerk S:ca%Ord\Quantum DRI - 2000 Page 5 of 6 TO: FROM: DATE: SUBJECT: DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ00-037 Chairman and Members Planning and D~)~.~lop. ment Board Lusia Galav ~ Senior Plann~.~ February 17, 2000 Quantum Park - DRIA 00-001/MPMD 00-001 Master Plan Amendment #10 - Quantum Park and Village NATURE OF REQUEST Quantum Park of Commerce is a partially built-out Development of Regonal Impact (DRI) comprised of 553.13 acres, zoned Planned ndustrial Developmen[ (PID). It is located on the west side of 1-95. between Miner Road extended and the Boynton Canal - (C-16). (See attached Exhibit "A" - Location Map)~ The applicant, MFT Development, Inc~ is requesting an amendment to the Quantum Park DRI Developmer~t Order (D.C.) adopted December 4, 1984 by Ordinance No. 84~51. The original D.C. was subsequently amended nine (9) times by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51 96-33 96-65 97-20 and 99-05. The current Master Plan for Quantum Park is provided in Exhibit "B" - Existing Master Plan. Amendrr snt #10 proposes to once again change the approved,, uses on several lots in the Master Plan mainly t(~ allow for a mixe~ use developmen~ ~a led Quantum Park and Village% The proposed changes to the Master Plan are depicted in Exhibit "C" - Proposed Master Plan and described as follows: 1) 2) 3) 4) 5) 6) 7) Change in the Master Plan designation of Lots 3 and 6 from Office/industrial to Industrial use: Change in the Master Plan designation of Lots 39 and 40 from Office/Industrial to Governmental and Institutional use; Change in the Master Plan designation of Lot 50B from Office/Industrial to Industrial; Change in the Master Plan designation of Lots 59, 60, 61, and 62 from Office/Industrial to Mixed Use; Change in the Master Plan designation of Lots 63, 64, 65A, 65B, 66, 67A, 67B, and 67C from Office/Industrial/Commercial to Mixed Use; Change in the Master Plan designation of Lots 76, 81 and 82 from Office/Industrial to Office/industrial/Commercial use; Change in the Master Plan designation of Lots 83, 84, 85, 86, 87, and 88 from Office/Industrial/Attraction and Recreation to Mixed Use; and Requested Cit~ Conmuss~on Meeting Dates [] December7. 1999 [] December21, 1999 [] Jamum-f 4. 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Xl. LEGAL A. 2 Date Final Form Must be Turned in to City Clerk's Office November 17, 1999 r5:00 p.m.) December S, 1999 (5:00 p.m.) December 22, 1999 (5:00 p.m.) Requested CRy Commission Meeting Dams [] February 1. 2000 [] Febmmy 15. 2000 [] February 29, 2000 [] March 7, 2000 Date Final Form Must be Turned in to CRV Clerk's Office January 19, 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m./ February 16, 2000 (5:00 p.m.) [] Administrative [] Development Plans [~. Consent Agenda [] New Business [] Public Hearmg [] Legal [] Bids [] UnfmishedBusiness [-- Announcement [] Presentation RECOMMENDATION: Please place the request below on the February 29, 2000 City Commission agenda under Consen! - Ratification of Planning and Development Board action. The Planning and Development Board with a unanimous vote, recommended approval, subject m staff condition #3, the omitting of staff condition #2, and revisions to staff condition # t to read as follows: Restrict the residential development within the PID to mixed use and a maximum of 500 dwelling units. For fitrther details pertaining to this request see attached Department of Developmem Memorandum No. PZ 00- 041. EXPLANATION: PROJECT: RESIDENTIAL, ATTRACTION, RECREATIONAL AND MIXED USES IN THE PID ZONING DISTRICT AGENT: Winston Lee & Associates, Inc DESCRIPTION: Request to amend Chapter 2, Zoning, Sections 7.E. and 7.F. to allow residential, attraction, recreational, and mixed uses (Residential/Commercial) within a Planned Indusa'ial Development Zoning District that totals a minimum of 500 acres. PROGRAM IMi~ACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Deve:e[~ t Director Planning and Zon~ctor C~ty Man'ag'er's glgfiature City Attorney t Finance I Human Resources TO: FRQM: DATE: SUBJECT: DEPARTMENt OF DEVELOPMENT MEMORANDUM NO. PZ 00-041 Chairman and Members Planning and Developr~ent Board Lusia Galav Senior Planner (~ February 17, 20~0~ Quantum Park - CDRV 00-001 Residential Use in PID Zoning Distdct NATURE OF REQUEST The applicant, Quantum Limited Partners, Ltd. represented by Mr. Winston Lee, ASIA, AICP is requesting a code revision to Land Development Regulations Chapter 2, Section 7 E. and 7.F. 1. Planned Industrial District. The request is being made in conjunction with a Notice of Proposed Change (NOPC) and proposed Master Plan modification to the Quantum Park PID. BACKGROUND Quantum Park of Commerce is a partially built-out Development of Regional Impact (DRI) comprised of 553,13 acres, zoned Planned Industrial Development (PID). It is located on the west side of 1-95, between Miner Road extended and the Boynton Canal - (C-16). The applicant has proposed a change to the Development Order that introduces a new DRI land use - "Mixed Use" into the development. The Mixed Use portion of the proposed change includes a 500 unit residential Component. The Land Development Regulations Chapter 2, Section 7.F. 1. prohibits residential uses in a PID with the exception of hotels and motels. Therefore the applicant has petitioned the City to revise the above referenced sections in the code to altow for the residential use. In addition, the applicant has requested that the permitted uses for a PID include attractions and recreation, The applicant has proposed the following language (underlined) modifying the code. Section 7.E., Planned Industrial District, Uses Permitted: E. USES PERMI3-]'ED. In the PID, a building and its customary structures and land uses may be erected, altered and occupied for any office, professional, business fwholesale or retail), educational institution, adult entertainment in accordance with Section 11.M or industrial use provided that such use or uses is/are approved by the planning and development board, PID's with a .qross acrea,qe of Dyer 500 acres shall be allowed the above uses, with the addition of attractions, recreational and mixed use residential/commercial uses.....et al. F USES PROHIBITED Residential uses with the exception of accessory hotels or motels. Mixed use residential/commercial uses are allowed in PID's with qross acreaqe totalinq at least 500 acres. ANALYSIS In reviewing Section 7.E it further states "In approving uses in the PID, the planning and development board shall make findings that the use or uses proposed will not be in conflict with the performance standards listed in Section 4.N. of these zoning regulations, and that the use or uses proposed is/are consistent with the intent and purpose of this section". As stated in Land Development Regulations Chapter 2, Section 7 Planned industrial Districts: "The purpose of the PID district is to provide a zoning classification for light industrial development that wilt better satisfy current demands for light industrial zoned lands by encouraging development which will reflect changes in the technology and land development and relate the development of land to the specific site and conserve natural amenities." At this time residential use is not consistent with the stated inter'it and purpose of the zoning district. A modification to the intent of the district is required to permit the t~pe Of mixed use proposed. The appicaton for the code revision refers to the Comprehensive Plan Future Land Use Element as perm ~ng reside~3t al use in the Industrial category t s true that the Industria category al[o~vs those uSes permitted in the offlce Commercial. and Loca Reta I Commercial land U~& Categories if approved as such in a planned industrial district, and that the Local Retai Com~ercia! I~'nd use categ0w does.permit multi-family residential development. However the r~a~ratfve providing for the perm tted Uses n the. Industrial category speaks to Industrial and Planned Industrial Development uses on y including ancillary commercia and office uses t does not mention residential nor was it the intent of the Comprehensive P an to perm t residentia~l uses in the Industrial category. ~The data and analysis for this land use category does not take i0to account resider)rial use. The staff report for the DRt and Master Plan amendments recsmme~ds that the Comprel~enSive Plan be amended to provide for the Mixed Use category as it is proposed to allow Re r~sidential use. The Land Development Regulations currently permit multi-family residential in the Community Commercial (C-3) and General Commercial (C-4) zoning districts. This multi-family residential use when ~ocated in, a commercial zoning district is required to comply with the Multi-family (R- 3) zoning regulations. The R~3 zoning regulations provide for a maximum density of 10.8 dwelling units per acre. The permitted uses for the Industrial land use category include: "major recreation facilities such as racetrack:s, arenas, amusement parks, exposition halls and the like". These uses would most likely be classified as commercial in nature and be permitted in the PID, as long as they were approved by the planning and development board. As stated in the applicant's request, the City's Comprehensive Plan Objective 1.15 does support mixed use projects where appropriate. The accompanying policies address commercial/residential mixed uses being allowed in the Mixed Use and Local Retail Commercial land use category. No mention is made of allowing them in the Industrial category. The mixed uses. promoted for the Industrial land use category are commerciallindustdal and commercial/warehouse uses. CONCLUSION The proposed change to the Quantum Park DRI/PID requires the City to shift its policies regarding industrial land use. In order to accommodate the type of mixed use development proposed for this PID, the Comprehensive Plan and Land Development Regulations must be amended. The code revision as proposed is not consistent with the intent of the Comprehensive Plan regarding permitted uses for the Industrial category. If it is the intent of City to modify it's current policies and regulations regarding industrial land use ther, the intent statement for the PIB district must be also be amended to included commercial/residential mixed use developments as acceptable uses under certain circumstances. Aisc, to maintain a consistent policy regarding residential developments in non-residential zoning districts, the same requirements ShOUld be imposed on residential developments in the PID district including allowing only multi-family dwellings that comply with the R-3 zoning regulations. The 500 acre siz,e requirement requested by the applicant is reasonable and prudent given the ability of a development this size to propedy locate and buffer the commercial/residential mixed use development. RECOMMENDATION Staff recommends that the code revision be approved subject to the Comprehensive Plan being amended to specifically address "residential" as a permitted use in planned industrial developments. Further, staff would offer the following conditions: 1. Restrict the residential development to multifamily as defined and regulated in the R-3 zoning district. 2. Amend the 'intent" statement in the PID zoning regulations to support the residential/commercial mixed use concept for large scale developments. Permit the attractions and recreation uses in the PID as they are defined in the permitted uses for the Industrial land use category. EXHIBIT "C" Conditions of Approval Project name: RESIDENTIAL, ATTRACTION, RECREATIONAL AND MIXED USES IN THE PID ZONING DISTRICT File number: CDRV 00-001 Reference: See application DEPARTMENTS iNCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDiNG DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNiNG AND ZONING Comments: 1. Restrict the residential development to multifamily as defined and regulated X i¢ the R-3 zoning district. 2. Amend the "Intent" statement in the PID zoning regulations to support the X CDRV 00-001 Page2 of 2 DEPARTMENTS INCLUDE REJECT residential/commercial mixed use concept for large scale developments. 3. Permit the attractions and recreation uses in the PID as they are defined in X the permitted uses for the Industrial land use category. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 4. Revise comment #I to read as follows: Restrict the residential development X within the PID to mult-family and a maximum of 500 dwelling units. 5. Delete comment #2. X ADDITIONAL CITY COMMISSION CONDITIONS 6. To be determined. I I MWR/dim Xl. LEGAL A. 2 ORDINANCE NO. O AN ORDINANCE OF THE CiTY COMMISSION OF THE CTI'Y OF BOYNTON BEACH, FLOP[DA AMENDING LAND DEVELOPMENT REGULA'I-[ONS, CHAPTER 2. ZONING, BY AMENDING SECT[ON 7 E. USES PERMTI'TED TO ALLOW RECREATZONAL AND A'I-rRACT[ONS AS DEFINED FOR THE INDUS'TP[AL LAND USE CLASSIFJCA'I'JON, MULl'Z-FAMILY RESIDENTIAL, AND MD(ED USE RESIDENTIAL/COMMERCIAL USES IN P.I.D.S ; A MINIMUM OF 500 ACRES; BY 7 F.i. USES PROHIB['rED TO PROVIDING FOR .CODIF[CA'I-LON, CONFITCTS, SEVERABII. TrY, AND AN.EFFECT'tVE DATE. 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 certain sections of the Code of Ordinances to allow Recreational and Attractions as defined for the Industrial Land Use Classification in the Comprehensive Plan, Multi-Family Residential, and Mixed Use Residential/Commercial uses in PID's totaling a minimum of 500 Acres; and NOW THEREFORE, BE 1-r ORDAINED BY THE CITY COMMISSION )F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Chapter 2, Zoning~ Section 7E, is hereby amended by adding :he words and figures in underlined type, and by deleting the words and figures n struck-through type, as follows: E. USES PERMJ'rTED. In the PID, a building and its customary ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale or retail), educational institution, adult entertainment, in accordance with Section 11.M., recreational and attractions as defined far the industrial land use classification. multi-family residential, and mixed use residential/commercial uses in PID's totalin~ a minimum of SOO acres or industrial use provided that such use or uses is/are approved by the planning and development board Section 2. Chapter 2, Zoning, Section 7 F. 1. is hereby amended by adding the words and figures in underlined type, and by deledng the words and figures in struck-through type, as follows: F. USES PP, OHIBI'I'ED Z. Residential uses with the exception of accessory hotels or motels. Multi-family and mixed use residential/commercial uses are allowed in PZD's with aross acreaqe totalinq at least 500 acres. Section 2. All laws and ordinances applying to the Qty of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 3. Should any section or provision of this Ordinance or any )ortion thereof be declared by a court of competent jurisdiction to be invalid, ;uch decision shall not affect the remainder of this Ordinance. Section 4. This Ordinance shall become effective immediately. I~RST READING this day of March, 2000. SECOND, FINAL READING AND PASSAGE this day of March, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner 3{ty Clerk 3EB BUSH GOVERNOR February 28, 2000 THOMAS F. BARRY, Mr. D. Ray Eubanks Planning Manager Department of Community Affairs 2555 Shurtmrd OaX Boul,¥ard Tallahassee, ItL 32399-2100 Dear .Mr. Eubanks: SUBJECT: Quantum Park Development of Regional Impact (DRI) City of Boynton Beach, Palm Beach County Notification of Proposed Change (NOPC) As requested in the letter from Mr. Kahart Pinder of Pinder Tro'atman Consuiting, Inc. 4ated February 17, 2000, ~e Department has reviewed ~e Quantum Pazk Development of Regional Impact (DRi) Notification of Proposed Change ('NOPC) suppt,mental transpo~ation ~alysis was revised pursuant to thc Department's commcnu ~FDOT letter to D, CA - dated Februa~' 1 20OO). The Quantum Park DKI was orig~ally approved on December 15, 1994 as a mixed-use development. Through amendments the development order now approves the follo~ng land uses: commercial, industrial, govcmmer~tAnstitutionaL office, r,creaaon and hotel. The applicator proposes revisions to the DRI Mast~ Plan to create a mixed-use devetopmem that inclucte$ office, commercial, and residential uses, Thc applicant has proposed the following changes to the Master Plan: Modifying Lots 3 and 6 from Office/Industrial to Industrial to be consistent ~,¥ith approved site plans. Modifying Lots 39 and 40 from Offic¢,~Indust'ial to Governmental/industrial since they were purchased by Palm Beach County School District. Modifying Let 50B from Office/Industrial to indusia'ial. Amending Lots 59~ 60, 91, and 62 from OfficeHndustrial to Mixed-Use to be developed as part of the "Quantum Park and Village." ,amending Lots 63, 64, 65(A, B), 66, 67(A, B), and $7C from ~ffiee/IndustriaUC ommerciat to Mixed-Use to be developed as part of the "Qaanrarn Park and Village." 7r~'~ ¢.~r ql'~ ~ 084 L~q~-)J;-t;,c,~:×O4 2qT-I-IIq qNTNNH']N/II-Ifl- Mr. D. Ray Eubanks February 28, 2000 Page 2 . Modifying Lots 76, 8i, and 82 from Office~ndustrial to Offic¢,qndustriaFCommercial reversing the change made in the previous. NOPC. Modifying Lot 91 from Office/Industrial/Commercial to Attraction and Recreation ~e reflect the approved ice fink and skating facility. The following are our commems: The applicant used an urfl~own u'ip generation rate for the Auto Dealership Use Catego~ in the Daily Trip Oenerafion Comparison. The Deparu'nem appliedthe ITE daily ".Average rate" of 37.50 per 1000 square feet to determine that the Auto Dealership would generate 1,990 d~ily tr-,ps and a total of 64,506 daily ~ps for the entire DRI. The figure is still le~s than ~e approved 64,698 trips. The study ~hows that the number ofdirectiona~ AM peak hour trips out of the Qtmmum Park DR/increases by two hundredfi~-thr~ (253) trips, and the number of directional PM peak hour trips into the DKt increases by three hundred ninety-six {396) trips. The applicant's additional analysis indicates that the increase will not impact ~.e external roadway system since .the trips w~ll be distributed to sever?,l links and will be traveling in the off-peak dff*ctions. AJso, the increased tril~ axe distributed among proj eot access points, md w~ll not negatively impact surrounding intersections. In summary> the Quantum Park DKI NOPC provided to the Departm~m is stufficient and we have no further objections. Plea~e ~¢¢1 f~e to contact ~.s office at (95~) 777-4601 should you have ~y questions. GS:at Jim Snyder, TCRPC Bob Romi~ Joe Yesbeck Bill Cross Sincerely, Dis~ct Plating Manager Requested City Commission Meeting Dates [] November ltl, 1999 [] December7. [999 [] December21. 1999 [] January 4, 2000 NATURE OF AGENDA ITEM XI-L£G tL IT£M CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned i~ to City Clerk's Office November 3, 1999 (5:00 p.m.) November 17, 1999 (5:00 p.m.) December 8, 1999 (5:00 p.m.) December 22, 1999 (5:00 p.m.) --] Administrative [] Consent Agenda [] Public Hearing [] Bids ] Announcemem Requested Ci[y Commission Meeting Dates [] January 18,2000 [] February l, 2000 [] February 15,2000 [] March 7. 2000 Date Final Form Must be Turned in to City Clerk's Office JtmtJarf 5, 2000 (5:00 p.m.) Jauumy 19, 2000 (5:00 p.m.) Februa~ 2, 2000 (5:00 Febmmy 16, 2000 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOM3iENDATION: Please place the request below on the March 7. 2000 Ci~ Commission agenda under Legal, Ordinances - First Reading. As you recall, at the February 1~ City Commission meeting this request was approved to amend Sections 8.A.3.a(5) and 8.A.4.e of the M-1 zoning district to allow as a conditional use the cutting of sub-primal portion of meaT. Staffrecommends this request be approved. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: BERRY VEAL Richard W. Carlson, Jr., Esq. Berry Veal Corporation 1421 Neptune Drive Request to amend the M-t zoning district regulations, Sections 8.A.3.a(5) and 8.A.4.e to allow as a conditional use the cutting of sub-primal portions of meat and pre-cur poultry into serving portions, including p~/ckaging and shipping, and to clarify the list of prohibited uses. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Deparm~nt 6f Development D~rector Planning and Zoj/fn~Dire~or City Manager'~ Signature City Attorney Finance / Human Resources ORDINANCE NO. O 00- AN ORDINANCE OF THE CITY COMMISSION Of THE ClTY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULAtiONS, CHAPTER 2. ZONING, BY AMENDING SECT[ON 8A.3.a(5) E. USES PERMittED TO ALLOW KS A CONDTI-~ONAL USE THE CUT'I'~NG OF SUB-PRIMAL POR'I-[ONS OF MEAT AND PRE-CUT POULTRY INTO INCLUDING PACKAGING L~ST OF =OR SERVING PORTIONS, AND SHIPPING~ BY USES pROHIBTI~D TO pROHIBTfED USES; CONFLICTS, WHEREAS, the City Commission of the Qty of Boynton Beach, Florida determined that it is in the best interests of the citizens and residents of the to amend certain sections of the Code of Ordinances to allow as a itional use the cutting of sub-primal portions of meat and pre-cut poultry nto serving portions, including packaging and shipping, and to clarify the list of ; and NOW THEREFOREf BE ZI' ORDA]:NED BY THE CZI'Y COt4PlTSSZON iF THE CTI'Y OF, BOYNTON BEACHf FLORZDA~ THAT: Section 1. Chapter 2, Zoning, Section 8.A.4.e. is hereby amended by the words and figures in underlined type, and by deleting the words and ures in struck-through type, as follows: 8.A. 4.(e) Cuttina of sub-Primal ~ortions of meat and ore-cut ooultrv into and shiooino where ore-cut oortions will not exceed 10 oounds and waste aenerated will not Section 2. Chapter 2, Zoning, Section 8.A.5.a(5) is hereby amended by the words and figures in underlined type, and by deleting the words and in struck-through type, as follows: 8.A.5.a(5) Section 2. 'na, and dressina, from carcasses. All laws and ordinances applying to the City of Boynton in conflict with any provisions of this ordinance are hereby repealed. Section 3. Should any section or provision of this Ordinance or any be declared by a court of competent jurisdiction to be invalid, decision shall not affect the remainder of this Ordinance. Section 4. This Ordinance shall become effective immediately. FIRST READING this day of March, 2000. SECOND~ FINAL READING AND PASSAGE this day of March, 2000. CTI'Y OF BOYNTON BEACH, FLORZDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner , Clerk TO: THRU: FROM: DATE: SUBJECT: DEVELOPMENT DEPART~rF. NT b, rF,1VIORANDUi~ NO. PZ 99-308 Chairman and Members Planning and Development Board Michael W. RumpF°/~- Director of Planning and Zoning Jose R. Alfam _]tq Assistant Planner December 13, I999 BERRY VEAL - CDRV 99-004 Request to amend the M-1 toning district regulations [o allow as a conditional use the cutting of sub-primal portions of meat and pre-cut poultry into serving portions, including packaging and shipping, and to cl~/rify the description of the related prohibked uses. NATURE OF REQUEST Richard W. Carlson. Jr., Esq., acting as agent for the Berry Veal Corporation, a 'manufacturer/food preparation business located at 1421 Neptune Drive, within the City of Boynton Beach, (see Exhibit "A" - location map), is requesting a change to the city's M-1 zoning district regulations to allow as a conditional use the cutting of sub-primal portions of meat and pre:out poultry into serving portions, including packaging and shipping. This applicatio~ also includes a request to modify the list of prohibited uses to clarify the rather ~*,eneral and antiquated description of the prohibited item "Meat packing and poultry dressing". BACKGROUND The Berry Veal Corporation opened its business in the City of Boynton Beach in 1985 under a license of .manufacturer/food preparation. The principle procedures in this business consists of cutting meat to separate it from bone (mb-primal cut) and package it 'into serving sized portions according to customers needs Land Development Regulations Chapter 2, Zoning, Section 8, A.3:a.(5).allows 'Prepared meat, seafood, and poultry products" u,ses, once an environmental review.permit is secured. The same Chapter 2, Section 8, ~..5.a.(5) prohibits Meat packing and poultry dressing . The applicant requests that a new use be added in the M-I zoning district regulations under conditional use (Chapter 2, Section 8,A.4.e.), and read as follows: "Cu~ng of sub-primal portions of meat and pre-cut poultry into serving portions including packaging and shipping., This request also includes a modification to the list of prohibited uses in the M-1 zoning district. The applicant requests that Chapter 2, Section 8,A.5.a.(5)., be changed from "Meat packing and poultry dressing. ' to "Slaughtering and rendering of meat and poultry, processing, and dressing, from carcasses." (see Exh~it '~B" - Statement of Request). ANALYSIS As stated above, Berry Veal Corporation has been doing business in the City of Boynton Beach since 1985. -~'-ff assumes that the original approval was the result of a more lenient interpretation of the code, or was ;d on an understanding that the subject use did not include the cutting (butchering) of greater portions of ~a~ar. The business has subsequendy increased its operation to the point of over.owing the existing physical factlmes. In order for them co remam competitive they have expressed the need to expand their facilities, Page 2 CDRV #99-004 including building a new storage/cool room area. The cool room will increase their capacny to store larger quantities of both pre-cut and cut material, and thus provide better (quicker) service to their customers. As staff currently interprets the M-1 code to prohibk meat cutting and packing (and the code does not specifically define "meat packing", the use is now construed to be legal non-conforming. The Land Development Regulations, Chapter 2, Section 11.i.D.2., Nonconforming uses and structures, states: "No structure used for a nonconforming use shall be enlarged, extended, reconstructed or structurally altered, unless the use is changed to one which complies with the provisions of this chapter (ordinance)." The applicant has expressed his intention to bring the use into conformity (by the subject amendments), and subsequently complete the needed expansion in compliance with current City regulations. The applicant believes that Berry Veal's nature of business should include meat cutting and packaging and shipping as a permitted aspect of the entire process, and that this level of meat cut~ing and packaging/shipping is appropriate in the industrial district. The applicant also state~ that restaurants and supermarkets are allowed to process and package meat for retail customers within commercial zoning districts, at a greater intensity than currently allowed in the more intense M-1 zoning district. It is noteworthy that Berry Veal is in full compliance with federal control regulations ns verified daily by a residen~ USDA inapector. In fact, staff has visited the site and wimessed the Iow cutting stage and cleanliness of the operation. With respect to impacts, staff feels that the subject request, if approved, would generate ho negative impacts due to the cleanliness of the operation and proximity to other industrial uses. Furthermore, said expansions will also be subject to environmental review (the existing use at Berry Veal received environmental review approval in 1985). --~'~"For comparison, staff surveyed other jurisdictions m obtain their respective regulations. Of the three (3) entities surveyed. Delray Beach allows meat cutting subject to conditional use in the industrial zoning d~trict~. Similar to the City's conditional use process, Delray Beach u~es the conditional use process m review such projects on a case-by-case basis for performance, including parking, safety, compatibility, etc. The second jurisdiction, Palm Beach County, simply allows meat cutting as a permitted use, and the City of Lake Worth prohibits the use with code language similar to the city's current regulations. RECOMMENDATION Staff recommends that the subject request be approved, based on the following: 1) the proposed revisions are consistent with the intern and purpose of the M-1 zoning district regulatious; 2) the proposed revisions will have no adverse impact on adjacent properties nor on the City as a whole; and 3) the proposed revisions will update the City's industrial zoning district regulations with respect m modem portion cutting, processing and shipping of meats, and prevent furore multiple interpretations of the subject regulations. Staff assumes that the original intent of the zoning regulations was to specifically prohibit the more intense stages of meat processing such as slaughtering (and the associated impac~ such as noise and waste) which are not characteristic of uses involved in the lower end of the process. No conditions of approval are recommended, however, any conditions recommended by thc Board, or required by the Commission. shall be documented in Ex/'tibit "C" - Conditions of Approval. E:chibits ..... :MR LOCATION MAP BERRY VEAL EXHIBIT "A' 118 _ MILES FEET FIE[::: ' !:::i EXHIBIT "B" Richard W. Carlson, Jr., Esq. 23;77 Crawford Court Lan~.rana, FL 33462-2511 Pfione (561) 433-0172 T¢lecopier (561) 433-0874 November 4, 1999 Mike Rumpf, Planning Director Cityof Boynton Beach 100 East Boynton Beach Boulevard Boynton Beech, FL 33435-0310 Re: Berry Veal ~ Code Revision Dear Mike: Thank you for taking the time for a site visit and meeting a few weeks ago at the Berry Veal facility- We appreciate your willingness to learn the business and evaluate the City's Land Development Regulations. I represent Berry VeaX relative to its efforts to expand its meat trimming/distribution business located at I421 Neptune Drive. I write you to request a code review thai'would modify Chapter 2, Section 8 to make a distinction between meet processing operations. Obviously slaughterhouses are properly a prohibited use. However, the portioning and packaging done by Berry Veal has less of an impact than the meat department at a supermarket or even a delicatessen. Because the impact is less and the use is located in an industrial complex, there is no reason why the business of Berry Veal should be a prohibited use in the M--1 zoning district. I sugqest that Sections 8ASa(5) and ' 8A4 be amended to provide intensive meat processing such as slaughterhouses and rendering be prohibited use~ and meat and poultry portioning or packaging of sub-primal or pre-cut portions be addressed as a conditional use in the M-1 district. At the end of our meetinq I promised to bbtain the SIC classifications for our use. I had some difficulty obtaining the information, and when I did, it proved to be of little help. I enclose the various classifications for your consideration. To assist you, I have prepared the following language for your Mike Rumpf, November 4, Page 2 of 3 Planning Director 1999 review. I suggest Section 8A5a(5), Prohibited uses, read: Slauchterinq and renderin~ of meat~ packin~ and poultry processin~ and dressing, from carcasses. A new Section 8A4e,~ Conditional Uses, should be added to provide: Cuttinq of sub-primal Dortions of shipoinq. meat and and As you requested, enclosed is a check in the amount of $250 for a Code Review. Once the Code review is underway and there is a clear indication it is supported by Boynton Officials, we will begin the conditional use process. We recognize that appropriate conditions will be included by the City in that process, although, as we discussed, there is a substantial amount of mitigating control from the US Department of Agriculture (USDA) because Berry Veal ships interstate. We can certainly make those City requirements as well as USDA requirements. Note that all USDA requirements are monitored by an on-site Federal inspector and documented in reports. As you know f~om your site visit, Berry Veal's operation is entirely donsistent with the uses found in the M-1 Industrial zoning district. I again note that the meat and poultry cutting of a supermarket has a greater impact than the operation of Berry Veal. The expansio~ proposed by.Berry Veal is imperative because of business demands. Note that the building is peculiar to this type of operationl Moreover, the cost of the building is more tha~ five times that of-ordinary warehouse/industrial space and has been a substantial'~nvestment to Berry Veal. We are confident that the loss of value to the property which would result from a determination 'that the use is prohibited (and, hence, non- conforming) would be restored with appropriate code amendments and the conditional use approval. Berry Veal cannot continue any long-term operations as a non- conforming use. The loss to the City is obvious. Presently Berry Veal employs over .fifty employees. Most of the employees are extremely skilled meat trimmers who would follow the business. As you could see from your site visit, :~erry Veal maintains the property above-and-beyond what is foun~ in most industrial uses. ~with the level of control resulting ffrom USDA regulation the Mike Rumpf, November Page 3 of Planning Director 1999 facility is truly a clean, light industrial use. We again invite you or other Boynton officials to visit the site at any time fora tour of the facility. We will also provide additional information - such as the USDA reports - as you see fit. We are confident that once the business is understood there will be universal support for the code amendment and 'con~itio~ai use a~plicati0n tkat will follow. We look forward to working w~th you. Sin ely, W.P3.~I~r Carlsont Jr., '~$q.' c: Richard Gioia, President, Berry Veal EXHIBIT "C" Conditions of Approval Project name: Berry Veal File number: CDRV #99-004 Reference: Code Review Application dated November 4, t999. t C UDE DEPARTMENTS IN L REJECT PUBLIC WORKS . Comments: None X UTILITIES, Comments: None X CQmment$: None X POLICE Comments: None X · ENGINEERING DIVISION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTERTENVIRONMENTALIST comments: None X PLANI',YING AND ZONING Comments: None X ADDI~ONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS I. Text describing conditional use shall also state that all pre-cut sections of X ,meat entenng the use shall not exceed 10 pounds and waste generated ~hall not exceed 1%. i A D T!ON CO SS ON CONDITIONS 2. ~o be determined. MWR:dir[n DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: BERRY VEAL APPLICANT'S AGENT: Richard W. Carlson Jr., Esq. APPLICANT'S ADDRESS: 1421 Neptune Drive DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 1, 2000 TYPE OF RELIEF SOUGHT: Amend the M-1 zoning district regulations to allow as a conditional use the cutting of sub,primal portions o[ meat and pre-cut ~oultry into serving portions, including packaging and shipping, and to clarify the description of the related prohibited uses. LOCATION OF PROPERTY: 1421 Neptune Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. / 7. Other DATED: City Clerk Requested City Commission Meeting Dates [] November 16, [999 [] December 7, 1999 [] December21. 1999 [] January 4. 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November 3. 1999 [5:00p.m.) November 17. 1999 (5:00 p.m.) December 8, 1999(5:00 p.m.) December 22. I999 (5:00 p.m.) [] Administrative --'] Consent Agenda [] Public Hearing [] Bids ] Announcement Requested City Commission Meeting Dates January 18,2000 February 1. 2000 Febmary 15.2000 [] March 7. 2000 XI.LEGAL ITEM B.2 Date Final Form Must be Turned in to City Clerk's Office January 5, 2000 (5:00 pan.) Jauuary 19. 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m4 February 16. 2000 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place the request below on the March 7, 2000 City Commission agenda under Legal - Ordinance. First Reading. As you may recall, at the February 15.2000 City Commission meeting the request to abandon three (3) segments of street fights-of-way was approved. Staffrecommands this request be approved. EXPLANATION: PROJECT NAME: AGENT: LOCATION: DESCRIPTION: WAL,MART L Robert Bray, Assistant Vice President of Real Estate Wal'RMart Stores East, Inc. Northwest comer of Winchester Park boulevard and Boynton Beach Boulevard Request for abandonment of three (3) segments of street fights-of-way totaling approximately 0,13 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Depa~/~efit' of 10~xTe[opmefft Director Planning and Zo~iffgVDirector · '/ City'Manager's Signature City Attorney / Finance / Human Resources DEVELOPMENT DEPARTI~ENT MEMORANDUM NO. PZ 00-00l TO: Chairman and Members Planning and Devei~pment Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Jose R. Alfaro Assistant Planner DATE: February 3, 2000 SUBJECT: WALMART- ABAN 99-006 Street Easement A.BAN 99-007 Street Easement NATURE OF REQUEST J. Robert Bray of Wal Mart Stores East, Inc., is requesting the abandonment of the following two street rights-of-way: i) a right-of-way segment dedicated to the City by the plat of Subdivision of Section 19, as in Plat Book 7, Page 19 of the Public Records of Palm Beach County, Florida; and 2) a street right-of-way segment dedicated to the City by the plat of Palm Beach Farms Company No.8, as recorded in Plat Book 5, Page 73, Public Records of Palm Beach County, Florida· The attached Exhibit "A' shows the location of the applicant's property and the street right-of-way easements to be abandoned. The attached Exhibit "B' includes a detailed sketch of the proposed abandonments. BACKGROUND Wal Mar~ Stores, Inc.; received site plan approval in August, 1999 to develop a Wal Mar~ Supercenter Store on the northwest comer of Boynton Beach Boulevard and Winchester Park Bonievard. The first group of easements proposed for abandonment are surrounded by the Wal Marx property at the northeast comer of the site. In fact, the plat of the Subdivision of Section 19, approved in 1917, shows a thirty (30) fOOt wide street right-of-way running north to south across the · 3 subject property. The majority of the said thirty (0) foot wide right-of-way has been previously abandoned and is already incorporated as part of Wal Mart property. The portions still dedicated to the City are those segments subject of thi~ request, and are identified by the numbers 2, 3, and 4 in the survey (see Exhibit 'B'). The second group of easements are shown on the plat of Palm Beach Farms Company No.8 as a street right-of-way dedicated to the perpetual use by the public. These segments of easements are the on.es identified by the numbers 1 and 5 in the survey. It is uncertain why only a portion of the ummproved rights-of-way were previously abandoned. However, it is logical to complete the abandonment of these rights-of-way which will no longer serve a public purpose. ANALYSIS According to the applicant, the subject easements are currently not being utilized by any agency and "~',r municipality, and are not of interest for any public or private utility company doing businesses in .ate City. This would eliminate any negative that the subject impact in the surrounding area, specially consider/ag parcels are located within the boundaries of the Wal Mart project· Page 2 Memorandum No. PZ 00-001 ABAN 99-006 Furthermore, the City depai'tments involved in the review of all requests for abandonment, and the utility companies notified of the request are identified below. Public notice Was given to the property owners that abut the streets and it has been advertised in the newspaper. The responses by the utility companies and city departments are as follows: CITY DEPARTMENTS Engineering Utilities Planning and Zoning Police No objection. No objection. No objection. - No objection. PUBLIC UTILITy COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection. No objection. No objection. No objection. No objection. The following is a description of the zoning districts and land uses of the properties that surround the subject requests (see Exhibit "A" - Location Map). Adjacent to street rights-of-way identified as numbers 2, 3, and 4 on the survey: North Vacant property zoned C-3, Commercial Community South - Vacant property zoned C-3, Commercial Commttnity. East - Vacant property zoned C-3, Commercial Community. West - Vacant property zoned C-3, Commercial Community. Street right-of-way identified as numbers 1' and 5: North L.W.D.D. L-24 canal right-of-way zoned C-3, Commu~ty Commercial South Vacant property zoned C-3, Community Commercial East Winchester Boulevard right-of-way. West Vacant property zoned C-3, Community Commercial RECOMMENDATION Staff recommends that the subject abandonment request be approved. No conditions of approval are recommended; however, any conditions of approval recommended by the Planning and Development Board or required by the City Commission will be pla6ed in Exhibit "C' - Conditions of Approval. xc: Central File LOCATION MAP WAL'MART EXHIBIT "A" I=IIA A i~Cf~ pCn EXHIBIT "B" EXI-IIBIT "C" CONDITIONS OF APPROVAL Project name: WAL MART File number: A.BAN 99-006 Reference: Abandonment File #ABAN 99-006 I DEPARTMENTS INCLUDE I REIECTI PUBLIC WORKS Comments: NONE X UTILITIES - Comments: NONE. ' X FIRE 'Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST · Comments: NONE X PLANNING AND ZONING Comments:. NONE. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 1. NONE X ADDITIONAL CITY COMMISION COMMENTS 1. To be determined. JA/dim S:'~Planning~ HARED'~WP~ROJ ECTS'~Wa~ Mart~ABAN TWO~CONDI33ONS OF APPROVAL 001 -PS, d.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: WAL MART APPLICANT'S AGENT: Robert Bray APPLICANT'S ADDRESS: 2001 SE 10th~Street Bentonville, AR 72712-6489 DATE OF PUBLIC HEARING BEFORE CITY COMMISSION: 02/15/00 TYPE OF RELIEF SOUGHT: Abandonment of streets LOCATION OF PROPERTY: SW comer Winchester Boulevard and Old Boyntan Road DRAWING(S): SEE E~XHIBIT "B" A'I-I'ACHED HERETO. THIS MA'Fi'ER came before the City Commission of the City of Boyntop Beach, FIodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MA'I-FER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for develolsment requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included'. The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk J:\SHRDATA~Planning~SHARED~WP~PROJECT~Wa! Ma~.BAN TWO,Develop. Order CC 001.doc XI'-LEGAL ZTEM B.2 ORDINANCE NO. O 00- AN ORDINANCE OF THE CITY COMMISSION OF THE CTI'Y OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF' THREE (3) SEGMENTS OF SPECIAL PURPOSE EASEMENT RIGHTS-OF-WAY TOTALING APPROXIMATELY 0,13 ACRES; BE~,NG MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXE...CU~.~ A DISCLAIMER FOR SAID ABANDONMENT; PROVIDING THAT THE ATTACHED DISCLAIME~ BE RECORDED I~ THE pUBLIC RECORDS OF PALM BEACH COuN'P{; AND PROVIDING AN EFFECTIVE DATE. WHEREAS~ .% Robert Bray of Wal Mart Stores East, Inc., is requesting the abandonment of three street rights-of-way, totaling approximately 0.13 acres; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hear ngs have been held before the City's Planning and Development Board and the City Commission on the proposed abandonment; and WHEREAS~ based on the foregoing information, the said rights-of-way no longer serve any useful purpose. NOW, THEREFORE~ BE I'T RESOLVED BY THE cTrY COMH1rSSt'ON OF THE CI"TY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The. City Commission of the City of Boynton Beach, Florida by and through its City Comm ssion, does hereby abandon three street rights-of- way, more particularly described in Exhibit"A", attached hereto. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 3. This Ordinance shall take effect immediately upon passage. FIRST READING this day of ,2000. 2000. SECOND, F~NAL READING AND PASSAGE THIS day of March, C:['rY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Hayor Pro Tern Commissioner Commissioner City Clerk 82/28/2888 12:15 5G13756259 BOYNTON BEACH P & Z PAGE 85 EXHIBIT "A" (Street Easement) LEGAL. BESCRIPTION: ABANDONMENT PIECE 2 A ~ortloo of ~at certain 30 foot road Right-of-Way lying be~tween TRACTS 42 SUBDiVISION OF SECTION 15, TOWN6HIP 46 $0UTH~ RANGE 43 EAST, Book 7, I=age 19 of the Public: Records of Palm Beach Cot~ty. Flodcla. being dasC~bed as follows: ;d 4~, ~ mcorclecl in Plat 1ore padiculady Commence et the lntat~'ectlon Of the e3dsflng South RIgM.0f-..W.a.y ina of Old S~)yntOn Road with the Eaq boundarylh~e of satdTmct 45; mn ~ense $. 01-01'48 E. along said~East ~ndaq~ line, a distance Of 122~.! 8 feet to qbe POINT QF BEGINNING: thong.ce. ,c~..n,n~fl.nue S. 0~?01~45' [along said East boundary line' a distance of 130.25 feet;, thence'N. 50 09 06 ~, a d~ance of 30. feat to a point on theWest boUndaly line of sold Tract.422 t,.h~..ce ,?; 01 oo'3e'lW, al~_ ~ sa~ We~ bou~.lifi~:e a'b,.tance of 129.89 feet; thenso 8. 89 50'i6 W.. a distance of 30204 feet to the POINT OF BEQINNING. / I o.oag? a~ms (3~08.0 ~quem feet) mom or less. ABANDONMENT PIECE 3 malign:of lhet cedetn 30 foot mad Right-of-Way ~ between 1 SUBDIVISION ~ SECTION 'IS, TOWNSHIP 4~ SOUTH, RANGE 43 EAST.taB ~eceme;I I, Plat BOOk 7. Page t9 of ~he. Publlo Eecerds of PWm Beaott County, Flodda. ~stng ~11ore padlculedy d,~scril~t as foliows:.. J Begin atthe ~outhwast comer of said Tmet 44; mn m .once s. 87'32'52' W. ~ line of the Southeast ~ of SECTION 1~, TOWNSHIP 4S sou'r~, F Palm Beach County, Ftoflda, ,, distance of 30.01 fee,.to the Southeast comer thence N~ 01'01'46· W, along the East boundae/line of sold Tract 50, a dlsU~ thence N. 87'32'$2' E., · clist~tce of 30.01 feetto· point on the WeSt bound 44: thenoo S. G1'01'4~' E. along the West boundmy fine of said Tract 44, · d to the POINT OF BEGINNING. contains 0,013~ ac~ (000.2 m:iuem feet) mom or less. ABANDONMENT PIECE 4 ~ng the South ANQE 43 EAST, of said Tract ice of 20.01 feet; u~/line of said Tract stanoe of 20.01 feet and tot A, Block 73; of the pubrm [ollows: podia, of that ~fleln 50 foot mad Right-of-Way lying bah. men Lot A. Bio( PALM BEACH FARM~ CO. PLAT NO. I, aS ~ m Plat Book 5. Pa Recer~ of pstm Beaeh Comay, Florida, being mom pa~mlady de~dbed ~ fine of said Lot A, Block 4. a dlstence of ~.~ f~ ~ 8.87'~ ~ W.. a ~ 50,~ f~ to a ~ on ~ ~ ~a~ line ~ ~ ~ ~ ~ 5; ~e~ N. 01'~' W.. ~ ~ ~ ~ 52 th~ N, ~Z52' E., a ~ of 30,~ ~ to ~o P~ OF BEG~. ~ DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a munidpal corporation, under the taws of the State of Florida> does hereby abandon three street, rights-of-way, as more particularly described herein as Exhibit'A", IN W:[TNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of March, 2000. A'I-I~ST: CIT OF BOYNTON BEACH, FLORIDA Suzanne Kruse, City Clerk Gerald Bmening, Mayor STATE OF FLOE[DA COUNTY OF PALM BEACH ) )SS: ) BEFORE t4E, the undersigned authority, personally appeared GERALD Broening and SUZANNE KRUSE, Mayor and City Clerk respectively, of the City of Boynton Beach, Rodda, I(nown to me to be the persons described in and who executed the 'foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WrFNESS my hand and offidal seal in the said State and County this __ day of March, 2000. NOTARY PUBLIC, State of Florida My Commission Expires: 02/28/2800 12:15 551375~259 ~YNTDN 8EACH P & Z PAG~ 85 EXHIBIT "A" (Street Easement) LEGAL DESCRIPTION-: ABANDONMENT PIECE 2 A poll, ioo of that ca~taln 30 foot mad Right-of. Way ly'mg between TRACTS 42 md 4~, SUBDIVISION OF SECTION !5, TOWNTHIP 45 soUTH. ~i~NGE 43 F..A~T, Is recorded in Plat Book 7, Page 19 oft~e Public Records of Palm Beach Co~rlty, Fisdda; being r lore particularly described as foaows: Comman~ at theintersecuo,n of Ute existing $ouut [~gh~.ef-Way line of, OId. B. ~_y~on Ro?t wi!.~ the,Eaat bOUndary line of said Tad 45; mn thanse $. 01-0t'4r E. a~g sa~ ~.a~ beunaary ,ne, a distance ~ ~I22.t~ feet to the PDINT OF BEGINNING; Utenne contlrme S. 0,i'O1 4r E. along said East I~undar~ line a distance of 130~.5 roof; thence N, 89°09'0e'' .E,.. a d~anCe of 30.?? feet to. ~an Ute West I~lmdan/line ofs~ TraCt 42; ~.e. nce ,.N. 01 OO',~W. along said West bo~. li~e, a dlStmlCe:of 120.99 feet: Utence 6. 89.50'16 w., a ;iat~ce of 30.04 fa~ to the POINT OF BEGINNING. Sa~<l parc~ contains o.oae7 acres (3s0a.0 ~lUare feet) mom or less.. ABANDONMENT PIECE 3 _1.1 A p~rUan of~het ce~n 30 foot mad Right-of. Way lying Detween TRACTS/441an(1 .r~, BUBDIVI~ION OF SECTION lS~ TOWNSHIP 4~ SOUTH, RANGE 43 EAb'r, las recorded In Plat Book 7 Page 1~ ef lha Public Records of Palm Beach Coumy, Florida, being Imore pmtlculady described as foliows: / 8agin at the SOnt_ .bwe_st comet of said Tract 44; mn t~nce S. _87'_32'52' _W- a_~_n_9 the So..ul;l~.. T ~o~.~a~ ,ne of me sou~aaa ~ of SECl~Ntt. TOW~WP 4S SOUT,. ~e~.~ 4; ~. P~m Eleadt Ceuaty. Fth~ta. a ~ of 30;01 re. lo Ute 8o.uteaat cemmlof said Tract $0; thence N: 01'01'4~' W. along UteG~t bou~l~y line of said Tract 50 adlsta~ce of 20 01 feet; thence N.87 32. $2' E.. · distaa~ of 30.01 feet to a ~ on the West beund~a'y line of said Tract 44:. thence $~ 01~01'48' E..long the West bound~y line of said Tract 44. a C ~anne of 20.01 feet to the pOINT OF BEGINNING. Said 13al~al contains 0,0138 acme (~00.2 square feel) mom or less. ABANDONMENT PIECE 4 ^ po~tan d that ~etaln 30 fcet road RIgM. M-VVay lying between Lot A, Bloof 5, PALM BEACH FARMS CO. PLAT NO. I, aS recorded In Plat Book 5. Recants of Palm Bea~ County, IRo~la, being mom particularly desmbed m 4 end Lot A. BIo~ a 73, of the Public foliews: Begin Mute I~rlfmez/. {~omef of celd LM A, Block 4, mn~ a~ ~ ~ ~l~ 6ne ~ ~ ~ ~ ~, a ~ ~ 35.~ ~m ~ t~ N~ ~mer ~ ~ ~ A, ~ S; t~ N. 87~ZS2 E.. a ~ of 30.~ ~ to the ~ OF BEGINNI~ Requested City Commission Meeting Dates [] November lC 1999 [] December 7. 1999 December21, 1999 [] Jollua/y 4, 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI-LEGAL ITEM B.3 Date Final Form Must be Turned in to City Clerk's Office November 3. 1999 (5:00 p.m.) November 17, 1999 (5:00 p.m.) December 8, 9999 (5:00p.m.) December 22. 1999 (5:00 p.m.) [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement Requested City Commission Mecfmg Dates [] January 18. 2000 [] Februar~ 1.2000 [] February 15, 2000 [] March 7, 2000 Date Final Form Must be Turned in to Clt~ Clerk's Office JaIlllafy 5, 2000 (5:00 p.m.) January 19, 2000 (5:00 p.m.) Febmmy 2, 2000 (5:00 p.m.) February 16, 2000 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place the request below on the March 7, 2000 City Commission agenda trader Legal - Ordinance, First Reading. As you may recall, at the February 15. 2000 City Commission meet'rog the request to abandon two (2) segments of special purpose easement rights-of-way was approved. Staff recommends this request be approved. EXPLANATION: PROJECT NAME: AGENT: LOCATION: DESCPdPTION: WAL'RMART J. Robert Bray, Assistant Vice President of Real Estate Wal'kMart Stores East. Inc. Northwest comer of Winchester Park boulevard and Boynton Beach Boulevard Request for abandonment of two (2) segments of special purpose easement rights-of-way totaling approximately 0.5 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A D~t Director Planning end Zorf~xl~/D~ector City Mafia~er's Sigliatdr~ - City Attorney / Finance/Huraan Resources TO: THRU: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT MEMoRANDuM NO. PZ 00-002 Chairman and Members Planning and DevelOpment Board Michael W. Rumpf Planning and Zoning Director Jose R. Alfaro Assistant Planner February 3, 2000 WALMART- ABAN 99-006 Street Easement ABAN 99-007 Street Easement NATURE OF .REQUEST I. Robert Bray of Wal Mart Stores East, Inc., is requesting the abandonment of the following two street rights-of-way: 1) a right-of-way segment dedicated to the City by the plat of Subdivision of Section 19, as in Plat Book 7, Page 19 of the Public Records of Palm Beach County, Florida; and 2) a street right-of-way segment dedicated to the City by the plat of Palm Beach Farms Company No.8, as recorded in Plat Book 5, Page 73, Public Records of palm Beach County, Florida. The attached Exhibit "A' shows the location of the applicant's property and the street right-of-way easements to be abandoned. The attached Exhibit "B' includes a detailed sketch of the proposed abandonments. BACKGROUND Wal Mart Stores, Inc., received site plan approval in August, 1999 to develop a Wal Mart Supercenter Store on the northwest comer 'of Boynton Beach Boulevard and Winchester Park Boulevard. The first group of easements proposed for abandonment are surrounded by the Wal Mart property at the northeast comer of the site. In fact, the plat of the Subdivision of Section 19, approved in 1917, shows a thirty (30) foot wide street right-of-way mnnir~g north to south across the subject property. The majority of the said ~hirty 00) foot wide right-of-way has been previously abandoned and is already incorporated as part of Wal Mart property. The portions still dedicated to the City. are those segments subject of this request, and are identified by the numbers 2, 3, and 4 ia the survey (see Exhibit "B'). The second group of easements are shown on the plat of Palm Beach Farms Company No.8 as a street right-of, way dedicated to the perpetual use by the public. These segments of easements are the ones identified by the numbers 1 and 5 in the survey. It is uncertain why only a portion of the unimproved rights-of-way were previously abandoned~ However, it is logical to complete the abandonment of these rights-of-way which will no longer serve a public purpose. ANALYSIS .~ ~__ According to the applicant, the subject easements are ctirrently not being utilized by any agency and or municipality, and are not of interest for any public or private utility company doing businesses in ' the City. This would eliminate any negative impact in the surrounding area, specially considering that the subject parcels are located within the boundaries of the Wal Mart project. Page 2 Memorandum No. PZ 00-002 ABAN 99-007 Furthermore, the City departments involved in the review of all requests for abandonment, and the utility companies notified of the request are identified below. Public notice was given to the property owners that abut the streets and it has beeN advertised in the newspaper. The responses by the utility companies and city departments are as follows: CITY DEPARTMENTS Engineering Utilities Planning and Zoning Police No objection. No objection. No objection. ' No objection. PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection. No objection. No objection. No objection. No objection. The following is a description of the ZOnlng districts and land uses of the properties that surround the subject requests (see Exhibit "A" - Location Map). Adjacent to street rights-of-way identified as numbers 2, 3, and 4 on the survey: North Vacant property zoned C-3, Commercial Community South Vacant property zoned C-3, Commercial Community. East Vacant property zoned C-3, Commercial Community. West - Vacant property zoned C-3, Commercial Community. Street right-of-way identified as numbers 1 and 5: North L.W.D.D. L-24 canal right-of-way zoned C-3, Community Commercial South Vacant property zoned C-3, Community Commercial East Winchester Boulevard right-of-way. West Vacant property zoned C-3, Community Commercial RECOMMENDATION Staff recommends that the subject abandonment request be approved. No conditions of approval are recommended; however, any conditions of approval recommended by the Plarming and Development Board or required by the City Commission.will be placed in Exhibit "C' - Conditions of Approval. xc: Cenfral File LOCATION MAP WAL*.MART [.~SITE ..l EXHIBIT "A" pCD 1/8 EXHIBIT "B" EXI-IIRIT "C" CONDITIONS OF APPROVAL Project name: WAL MART File number:. ABAN 99-007 Reference: Abandonment File #ABAN 99-007 DEPARTMENTS CLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE. X FIKE Comments: NONE · X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING ~ Comments. NONE. X ADDITIONAL. PLANNING AND DEVELOPMENT BOARD COMMENTS 1. NONE X ADDITIONAL CITY COMMISION COMMENTS 1. To be determined. JA/dim S:~Planning\S HARED\WP~RO JECTS\Wal Mart~ABAN 'P,NO\CONDITIONS OF APPROVAL 002-P&d.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: WAL MART APPLICANT'S AGENT: Robert Bray APPLICANT'S ADDRESS: 2001 SE 10t~ Street Bentonville, AR 72712-6489 DATE OF PUBLIC HEARING BEFORE CITY COMMISSION: 02/15/00 TYPE OF RELIEF SOUGHT: Abandonment of streets LOCATION OF PROPERTY: Southwest cornet Winchester Boulevard and Old Boynton Road DRAWING(S): SEE EXHIBIT "B" A'I-i'ACHED HERETO. X THIS MATTER came before the City Commission of the Cit~ of Boynten Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boyntcn Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C' with notation "Included". o The Applicant's application'for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk J \SHRDATA~Planning~SHARED\Wp~oROJECT~\Wal Mart~ABAN TWO~Develol3.Order CC 002odOC XZ-LEGAL ZTEM B. 3 ORDINANCE NO. RO0- AN ORDINANCE OF THE CITY COMMISSION OF THE CTI'Y OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF TWO (2) SEGMENTS OF SPECIAL PURPOSE EASEMENT RIGHTS-OF-WAY TOTALING APPROXIMATELY 0.5 ACRES; BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND Cl-I'Y CLERK TO EXECUTE~ A D[SCI.AIMER FOR SAID ABANDONMENT; PROVIDING THAT THE AI-FACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY; AND PROVIDING AN EFF~E DATE. WHEREAS, .1. Robert Bray of Wal Mart Stores East, Inc., is requesting the abandonment of the following two street fights-of-way: (1) a fight-of-way segment dedicated to: the City by the plat of Subdivision of Section 19, as in Plat Book 7, Page 19 of the Public Records of Palm Beach County, Florida; and (2) a street right-of-way segment dedicated to the City by the plat of Palm Beach Farms Company No. 8, as recorded in Plat Book 5, Page 73, Public Records of Palm Beach County, Florida; and WHEREAS, comments have been solicited from the appropriate City DeparLrnents, and public hearings have been held before the City's Planning and Development Board and the City Commission on the proposed abandonment; and WHEREAS, based on the foregoing information, the said rights-of-way no longer serve any useful purpose. NOW, THEREFORE, BE 1'!' RESOLVED BY THE CTTY COMM:ZSSZON OF THE CITY OF BOYNTON BEACH, FLOR/DA THAT: Section 1, The City Commission of the City of Boynton Beach, Florida by and through its City Commission, does hereby abandon the following two street rights-of-way: (1) a right-of-way segment dedicated to the City by the plat of Subdivision of Section 19, as in Plat Book 7, Page 19 of the Public Records of Palm Beach County, Rorida; and (2) a street right-of-way segment dedicated to the City by the plat of Palm Beach Farms Company No. 8, as recorded in Plat Book 5, Page 73, Public Records of Palm Beach County, Florida, and more particularly described in Exhibit "A" attached hereto. Seddon 2. The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. 2000. Section 3. This Ordinance shall take effect immediately upon passage. FIRST READING this day of ,2000. SECOND, FINAL READING AND PASSAGE THIS day of March, C~TY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner City Clerk 02/28/200~ I2:15 5B1375~255 ~DYNTDN ~ACH P & Z PAGE 13 EXHIBIT "A" (Special Purpose Easement) LEGAL DESCRIPTION: ABANDONMENT PIEGE 1 A po~on of that c~rtSin 2~; foot road Right*of. Way lying North of Lot A. Block 6, ALM BEACH FARM8 ¢O. P~.AT NO. 8, as recerded in Plat Boot~ 5. Page 73, Pul~lic Records ~f Palm Beach County, Florida. being more particularly dascll~.~l as follows: Begin atthe NeMleaet r~tller of said Let A, Block6. hal thence S. 87'32'52' ~ along t..he North line, ?,,said Lot A and the Weateflyextension thereof, ii ~isience of 320.41 feet; ~hence N. 00' 52 5g' W., ~ d~atance: of 25.01 feet to tl~e Southwest comer of TRACT 5~, 8~JBDIVISION OF ~C~rlON ti. TOWNSHIP 46 8OUl14, RANGE 4,1 EA]~', aa re,.c~ In Plat ~ 1. Page.~S of the. PulPit Raceme of Palm Beach County. Flndde; t?.e~ce ,N.. 87 32 52' E. alon~ the South hfle of ~ Tract 50, a distance of 320,19 fee{; thence $. nl 22'26 E. along the North(~rty extension of the East line o~said Lei A, Block 6. a dls~=nce of 20.00 feel to the POINT OF BEGINNINg. Said parent cehtains 0.t838 acres (8007.5 square feet) mom or less. ABANDONMENT PIECE A portion of that certain 25 foot mad RIgflt-of-Way lying North of Lot A, Blocks BEACH FARM8 CO. Iq. AT NO. a, as recorded in Plat Bcelc 5, Peal 75, Publ~ Bas~h County, Flo~IL being mom paffi~ulady descrtl~ed as follow~ and 5, PAlM Records of Palm Begin at the Nmlilwes[ comer of said Lo{ A. Bloc~[ 5, mn thence N. 01'~' No,haZy ~ ~ the ~ ~ ~ ~ L~ ~ a ~ ~ 25.~ line ~ Tm~ 50, 5~N~N OF 5E~ON t9, T~P 4E SO.H, ~E ~ in ~ ~ 7. ~ lg ~ ~ ~c R~ ~ P~ B~ Co~.~fl~a; t~ N. E. alofig SaM West Right-of-Way line, a distance of 25.00 feet to a point on theI I.=t A. Bloek 4;thence S. ~'/'32'$2' W. ;dong the No;th line of said Lot A. Bloc~ dist~ce of 549.25 feet to ~ POINT OF BEGINNING. qoffh line of said. ~4 mxlS. a Said parcel contains 0.3152 acres (13,732 s~uam feet) more or tess. DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipalcorporation, under the laws of the State of Florida, does hereby abandon the following two street rights-of-way: (1) a right-of- way segment dedicated to the City by the plat of Subdivision of Section t9, as in Plat Book 7, Page 19 of the Public Records of Palm Beach County, Florida; and (2) a street right-of-way segment dedicated to the City by the plat of Palm Beach Farms Company No. 8, as recorded in Plat Book 5, Page 73, Public Records of Palm Beach County, Florida, more particularly described herein as Exhibit "A". ZN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seat of the City this __ day of March, 2000. ATTEST: Ci-I'Y OF BOYNTON BEACH, FLO~DA Suzanne Kruse, City Clerk Gerald Broening, Mayor STATE OF FLORZDA ) COUNTY OF PALM BEACH ) BEFORE t4E, the undersigned authority, personally appeared GERALD Broening and SUZANNE KRUSE, Mayor and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such Officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporaUon; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this __ day of March, 2000. NOTARY PUBLIC, State of Florida Fly Commission Expires: 82/28/2888 12:15 561375B259 BOYNTQN BE~H P & Z PaGE 13 EXHIBIT "A" (Special Purpose Easement) LEGAL DESCRIPTION: ABANDONMENT PIECE 1 A portion of that ~n 25 foot road RigN-of~VVay lying No~th of Lot A. Block 6 AIM BEACH FcARM8 CO. PI, AT NO. 8, as recorded in Plat Book $ P~ge 73, Pul~ic Record,. ~ Palm Beach ounty, Flonda. heing.more Padiculady descfll:~ed ~ follows: Bsqin M. the Northeast ~me. ~r of said Lot A, Block 6. run thanes S. 87'32'82' W along t.h.a North line ~said Lot A nncl~l~e Wastady extension thereof; a distance of 320.41 feet; lhenco N. 00'52'5g* W., a. distance of 25.01 feet lo the Soutrmmst comer of TRACT 50, $ ,JBDMBION OF SECTION 19, TOWN~HIP 46 EOUTH, RANGE 43 EA,~F, ua recorded in Pint !~ook 7, Page 19 of_ the Puf~4ic R~ft~ of palm Be~',.h County, Plotd(~; th~ ,N,..87'32'$~' E. ainn~l the South line of the g~t line of ~ Lot A, Block ~. a dlstanr, e of 25.00 feet to the POINT OF BIEGINN~EGINNIN(~' ~id parcel cont,~ins 0.t838 ;gras (8007.5 square feet) mom or less. ABANDONMENT PIECE A pmtlon of that certain 25 foot rOIKI Right-of-Wmy lying North of Lot A. Bloc~, BEACH FARM8 CO. Pt,AT NO. 8, as recorded in Plot Book 5, P~ge 73, Publi( Booth County, Florals. J~dng mom pmtinulmty dascrlt~] as follows: Bngm at the Nmlhwast comer of sail ~ A. Block 5, mnthence N. 01 '22~6' V ~dhedy ~n ~ t~ W~ fl~ ~ ~ ~ A, a ~a~ ~ ~.~ ~ to a I~ of T~ 50, S~DN~N OF SE~ON 19. ~aH~ ~ SO.H, ~1 E. ~o~ ~ W~ ~-Way Uae, a ~ ~ 25.00 f~ to a ~nt go the Said parcel contains 0.3152 acres (13,732 square feet) mom or less. ami $, PALM Records of P~lm · along the oint on the South 13E 43 EAST, as flomlw, thence N. SECTION 1~, Ion the Wast ftlciM Raceme ~ce S. 01'16'43' 4orth line of said 4 andS, a Requested City Commission Meeting Dates [] November 16, 1999 [] December 7, I999 [] December21, 1999 [] January 4, 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Tumefl in to CiO? Clerk's Office November3, 1999 (5:00 p.m.) November t7. 1999 (5:00 p.m.) December 8, 1999 (5:00 p.m.) December 22, 1999 (5:00 p.m.) [] Administrative [] Consent Agenda [] Public Hearing [] Bids Requested City Commission Meeting Dates [] January 18,2000 [] February 1. 2000 [] Febma~ 15,2000 [] March 7,2000 Date Final Form Must be Turned in to CiW Clerk's Office January 5, 2000 (5:00 p.m.) January 19, 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m.) February 16, 2000 (5:00 p.m.~ Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place the request below on the March 7, 2000 City Commission agenda under Legal - Ordinance, First Reading. As you may recall, at the February 15, 2000 City Commission meeting the request to abandon two (2) segments of special purpose easement rights-of-way was approved. Staffrecommends this request be approved. EXPLANATION: PROJECT NAME: AGENT: LOCATION: DESCRIPTION: WAL'~MART J. Robert Bray, Assistant Vice President of Real Estate Wal,Mart Stores East. Inc. Northwest corner of Winchester Park boulevard and Boynton Beach Boulevard Request for abandonment of two (2) segments of special purpose easement fights-of-way totaling approximately 0.5 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Planning and Zon'ga~/Oirector City Marla~;er's Sigfianir~ City Attorney / Finance / Human Resources TO: THRU: FROM: DATE: SUBJECT: DEVELOPI~ENT DEPARTMENT MEMORANDUM NO/PZ 00-002 Chairman and Members Planning and Develbpment Board Michael W. Rumpf Planning and Zoning Director Jose R. Alfaro Assistant Planner February 3; 2000 WALMART- ABAN 99-006 Street Easement ABAN 99-007 Street Easement NATURE OF REQUEST 1. Robert Bray of Wal Mart Stores East, Inc., is requesting the abandom-nent of the following two street rights-of-way: 1) a right-cf-way segment dedicated to the City by the plat of Subdivision of Section 19, as in Plat Book 7, Page 19 of the Public Records of Palm Beach County, Florida; and 2) a.street right-of-way segment dedicated to the City by the plat of Palm Beach Farms Company No.8, as recorded in Plat Book 5, Page 73,~Public Records of Palm Beach County, Florida. The attached Exhibit "A~ shows the location of the applicant's property and the street fight-of-way easements to be abandoned. The attached Exhibit "B" incIudes a detailed sketch of the proposed abandonments. BACKGROUND Wal Mart Stores, Inc., received site plan approval in August, 1999 to develop a Wal Maxt Supercenter Store on the northwest corner of Boynton Beach Boulevard and Winchester Park Boulevard. The first group of easements proposed for abandonment are surrounded by the Wal Mart property at the northeast corner of the site. In fact, the plat of the Subdivision of Section 19, approved in 1917, shows a thirty (30) foot wide street right-of-way nmuing north to south across the subject property. The majority of the said thirty (30) foot wide right-of-way has been previously abandoned and is already incorporated as part of Wai Mart property. The portions still dedicated to the City are those segments subject of this request, and are identified by the numbers 2, 3, and 4 in the survey (see Exhibit The second group of easements are shown on.the plat of Palm Beach Farms Company No.8 as a street right-of-way dedicated to the perpetual use by the public. These segments of easements are the ones identified by the numbers 1 and 5 in the survey. It is uncertain why only a portion of the unimproved rights-of-way were previously abandoned. However, it is logical to complete the abandonment of these rights-of-way which will no longer serve a public purpose. ANALYSIS ~According to the applicant, the subject easements are currently not being utilized by any agency and or municipality, and are not of interest for any public or private utility company doing businesses in the City. Tiffs would eliminate any negative impact in the surrounding area, specially considering that the subject parcels are located within the boundaries of the Wal Mart project. Page 2 Memorandum No. PZ 00-002 ABAN 99-007 Furthermore, the City depaxtments involved in the review of all requests for abandonment, and the utility companies notified of the request are identified below; Public notice was given to the property owners that abut the streets and it has been advertised in the newspaper. The responses by the utility companies and city departments are as follows: CITY DEPARTMENTS Engineering Utilities Planning and Zoning Police No objection. No objection. No objection. No objection. PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida. Public Utilities Company Cable Company (Adelphia) CaNe Company (Corneas0 No objection. No objection. No objection. No objection. No objection. The following is a description of the zoning districts and land USes of the properties that surround the subject requests (see Exhibit "A" - Location Map). Adjacent to street rights-of-way identified as numbers 2, 3, and 4 on the survey: North - Vacant property zoned C-3, Commercial Commtmity South - Vacant property zoned C-3, Commercial Community. East Vacant property zoned C-3, Commercial Community. West - Vacant property zoned C-3, Commercial Commtmity. Street right-of-way identified as numbers 1 and 5: North - L.W.D.D. L-24 canal right-of-way zoned C-3, Community Commercial South Vacant property zoned C-3, Community Commercial East Winebester Boulevard right-of-way. West Vacant property zoned C-3, Community Commercial RECOMMENDATION Staff recommends that the subject abandonment request be approved. No conditions of approval are recommended; however, any conditions of approval recommended by the Pla~nlng and Development Board or required by the City Cor~m~ssion.wlll be placed in Exhibit "C' - Conditions of Approval. xc: Central File EXHIBIT "A' LOCATION MAP WAL'MART .,.jI T 1::3 ~I~ t= A I;::; H i13 L L Ii ! 11=13 1/8 · 400.'800 FEET EXHIBIT "B" II I EXHIBIT "C" CONDITIONS OF APPROVAL Project name: WAL MART File number:. ABAN 99-007 Reference: Abandonment File #ABAN 99-007 DEPARTMENTS . INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE. X FIRE Comments: NONE · X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X .~BUILDING DIVISION Comments: NONE X PARKS AND RECREATION -i~ Comments: NONE X {FORESTER/ENVIRO~ALIST ~,~, Comments: NONE X rmo Arm ZONIN Comments:. NONE. X ;,~DDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS ~ NONE ii ADDITIONAL CITY COMMISION COMMENTS ~ 1. To 'be determined. JAJdim S APlanning~Sl~,AR ED~,WP~PROJ EC'F~Wal Mar~ABAN 'r~VO~CONDFT~O NS OF AppROVAL 0n2.p&d.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: WAL MART APPLICANT'S AGENT: Robert Bray APPLICANT'S ADDRESS: 2001 SE 10t~ Street Bentonville, AR 72712-6489 DATE OF PUBLIC HEARING BEFORE CITY; COMMISSION: 02/15/00 TYPE OF RELIEF SOUGHT:' Abandonment of streets LOCATION OF PROPERTY: Southwest corner Winchester Boulevard and Old Boynton Road DRAWING(S): SEE EXHIBIT ~B" A'I-rACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boyntcn Beach, Florida on the date of hearing stated above~ The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 4 The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff; or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application'for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk j:\SHRDATA\Planning'~SHARED~WP'~PROJECTS'~Wal Mart~ABAN TWO,Develop.Order CC 002.doc Rmtuested City Commission Meeting Dates [] November 16, 1999 [] December 7, 1999 [] December21, 1999 [] January 4, 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI. LEGAL B. 4 Date Final Form Must be Turned in to CiW Clerk's Office November 3, 1999 (5:00 p.m.) November 17. 1999 (5:00 p.m./ December 8, 1999 (5:00 p.m.) December 22, 1999 (5:00 p.m.) [] Administrative [] Consent Agenda [] Public Hearing [] Bids ] Annotmcemem Requested City Commission Meeting Dates [] January 18,2000 [] Febmaa'y 1. 2000 [] Febmar~ 15,2000 [] March 7. 2000 [] Date Final Form Must be Turned in to CRv Clerk's Offico lanuary 5, 2000 (5:00 p.m.) January 19, 2000 (5:00 p.m.i February. 2, 2000 (5:00 p.m.) February 16, 2000 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place the request below on the March 7, 2000 City Commission agenda under Legal, Ordinance - First Reading. As you may recall, at the February 15, 2000 City Commission meeting the request to abandon the street rights-of-way was approved. Staffrecommends this request be approved. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: BAPS TEMPLE Jay Patel [lAPS Development On SE 18t~ Avenue. north of23r~ Ave., east of the FEC Railroad Tracks and west of Federal Highway Request for abandonment of street rights-of-way. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Deparma~nft of Dev~i-offra~nt Director planning and Zo~irector City Attorney / Finance / Human Resources DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 00-024 TO: FROM: Chairman and Members Planning and DevelOi~ment Board Michael W. iqumpf Planning and Zoning Director THROUGH: Jose R. Alfaro Assistant Planner DATE: February 1, 2000 SUBJECT: B.A.P,S. Abandonment - ABAN- 99-008 NATURE OF REQUEST Jay PateI, agent representing the property owner BAPS Development, Inc., is requesting abandonment of the following two right-of-way easement segments: 1) a thirty (30) foot wide street known as West Lane (SE 20~ Avenue) located south and adjacent to their property; and 2) the abandonment of a thirty (30) foot. wide street known as South Street, located east and adjacent to their property, and the northerly extension of same. The attached Exhibit "A' indicates the location of the applicant's property and the street rights-of-way to be abandoned. Exhibit kB' is a detailed sketch of the proposed abandonment. BACKGROUND The Plat of Sunny Oaks, approved in 1948, shows both West Lane and South Street as a thirty (30) foot wide right-of-way ronnin.g east to west and north to south abutting lots one (1) through six (6) of the subject property. The property owned by the applicant is vacant and consists of 3.97 acres. A site plan has recently been approved~to allow the construction of a temple.facility in two (2) phases, including ancillary education and youth recreation accommodations. The main access road will he SE 18~ Avenue to the north (See Exhibit C - Approved site plan. ANALYSIS The city depamnents involved in the review of all requests for abandonments, and the utility companies notified of the request are identified below. Public notice was given to the property owners that abut the subject rights-of-way and the request has been advertised in the newspaper (no comments have been received by staff). The utility companies and the city departments' responses to the abandonment requests are as follows: CITY DEPARTMENTS Engineering Fire Planning and Zoning Utilities No objection. No objection: No objection No objection. Page 2 Development Department Memorandum No. PZ 00-024 ABAN 99-008 PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection, subject to granting additional easements that might be required to serve future development at no expense to FPL. No objection. No objection. No objection. No objection The following is a description of the zoning districts and land uses of the properties that surround the subject rights-of-way request (see Exhibit "A" - Location Map). North Vacant property site planned for the BAPS temple and zoned R-3, Residential Multi-family South West Lane fight-of-way and farther south are residential properties zoned R-3, Residential Multi-family. East South Street right-of-way, and farther east are a multi-family development (Hatteras Apartments) zoned R-3, and an Adult Living Facility known as Springhouse zoned C-3, Cornrmmity Commemial. West F. E. C. Railway right-of-way. Staff visited the area and concurs with the applicant's view that the subject streets are not used for area access, and provide for no through traffic that encourages the misuse of them as dumping sites. Furthermore, the subject rights-of-way do not conform to minimum codes and could not be designed to meet minimum standards without the acquidfion of adjacent property to allow for proper turning and circulation. The Comprehensive Plan, Land Use Problems and Opportunities section identifies the area as a small neighborhood showing some signs of deterioration. The existing zoning allows for a mixture of housing types surrounded by commercial uses. The Comprehensive Plan suggests some actions in order to upgrade this neighborhood, among others "...the City should pay particular attention to minimizing conflicts between surrounding commercial uses and the residential uses... '. Approval of the subject of abandonments will allow them (or a portion of them) to be incorporated into the proposed temple site and therefore, maintained at a higher appearance standard. Lastly, no objections have been received by owners of adjoining property, who access their respective properties from sides opposite the subject abandonments. RECOrvh-M2ENDATION ~"~Itaff recommends that this request be approved subject to the conditions listed .in Exhibit D - conditions ,f approval. xc: Central File EXHIBIT "a" LOCATION MAP BAPS TEMPLE CHURCH // U -SKETCH AND DESCRIPTION - ~,.g. ~ of 2 ~IOTE: THIS IS NOT A SURVEY BUT ONLY A GRAPHIC: REPRESENTATION OF THE DESCRIPTION SHOWN HEREON. LOtS OAK~ P.E..221PC.. I0 ,CACI'C =NTY R.~CO,~DS 1.07 $ j ,'or P LOp I ASSOCIATED ENGR',~EERS & SUR%rEYORS OF SOUTH FLORIDA CORP. * L.B.# 000682/ · . * E.B.# 0007846 I I HEREBY CERTIFY: THAT THE A~FfACHED 8KETCH AND OESCRIPTION CONFORM~ TO CHAPTER ~IHH-6.0~ [1) (FLOR]DA ADMINI~qA*RVE CODE), MINIMUM TECHNICAL STANOARDS, FOR LANO BURVEYING IN THE STATE OF FLORIDA. AND 18 TRUE mD CORRECT TO THE BEaT OF MY KNOWLEDGE AND BELIEF UPDATE~IREViSION9 ] BY: J NOTE: s EXHIBIT ."B" - SKETCH AND DESCRIPTION -Page .! of 2 flOTE: THIS IS NOT A SURVEY BUT ONLY A GRAPHIC: REPRESENTATION OF THE DESCRIPTION SHOWN .ERE-ON. /.OT 4 COtTAq'Y VACANT £01' $ I tO?' 2 l ASSOCIATED ENGINEERS & SURVEYORS OF SOUTH FLORIDA CORP. * L.B.# 0006827 * E.B.# 0007846 I HEREBY CERTIFY: THAT THE ATrAI~HEO 8KETCH AND DEBGRIPTION CONFORMS TO CflAPTER 21NN4.0~ (I) (FLOR]DA ADMINISTRATIVE CODE), MINIMUM TECHNICAl. STAh'OARDS FOR LANO SURVEYING, IN THE STATE OF FLORIDA. AND I$ TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AHO BEUEF UPDATEB~U;VIB~QHB EXHIBIT "B" - SKETCH AND DESCRIPTION - P;,ge-~ o~. 2 THIS IS NOTA SURVEY BUT ONLYA GRAPHIC REPRESENTATION OFTHE DESCRIPTION SHOWN HEREON. /or t VACANt ASSOCIATED ENGI~SER5 ~' SURVEYORS )ErSOIxrrH FLORIDA CORP. * L.B,# 0006827 I HERESY CERTIFY: THAT THE ATrACHES 8KETCH AHD DESCRIPTION COtiFORM~ TO OHAPTER 2tHN~.O~ {ti {FLORIDA ADMINISTRAI~VE CODE), )ANIMUM TECHNICAL 8TAHDARDS FOR [.AND ~URVEYING IN THE ~I'ATE OF FLORIDA. AND 18 TRUE N~D CORRECT TO THE BEST OF MY IMOWt. EDQE AND SEUEF UPDATEB/REt/181ON8 BY: J NOTE: f 'i EXIqIBIT "D" CONDITIONS OF APPROVAL Project name: B.A.P.S. Temple File number: ABAN 99-008 Reference: Abandonment File #ABAN 99-008 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: 1. Requires a 12 foot wide utility easement over existing water main within the X right-of-way. FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTE1UENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments:.. ' 2. Utility easement as required by Utilities Department. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 3. NONE X ADDITIONAL CITY COMMISION COMMENTS 4. To Be determined. S:\Planning\S HAR ED\WP~PRO J ECTS\BAPS TEl :H~BANDONMEN~CO DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: B.A.P.S. Temple APPLICANT'S AGENT: Jay Patel APPLICANT'SADDRESS: 8795 Citation Drive Palm Beach Gardens, FI 33418 DATE OF PUBLIC HEARING BEFORE CITY COMMISSION: 02/15/00 TYPE OF RELIEF SOUGHT: Abandonment of streets LOCATION OF PROPERTY: South of SE 18th Avenue DRAWING(S): SEE EXHIBIT ~B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above, The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MA-I-FER came on to be heard before the City Commission of the City of Boynton Beach, Fl'~orida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit ~D" with notation "included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk j :\S H RDATA~Pla n nin g\S HARED\WP~PRO J ECT~S~BAPS TEMPLE CHURCH~ABANDONMEN'I'~Develop. Order CC 2-15-00.doc Xl. LEGAL B. 4 ORDINANCE NO. O 00- AN ORDINANCE OF THE CITY COMMISSION OF THE ClTY OF BOYNTON BEACH, FLOR[DA, AUTHORIZING ABANDONMENT OF TWO R[GHTS- OF-WAY EASEMENT SEGMENTS: (1) A THIRTY (30) FOOT WIDE STREET KNOWN AS WEST LANE (SE 20m AVENUE) LOCATED SOUTH AND AD_IACENT TO APPLICANT'S PROPERTY AND (2) THE ABANDOMENT OF.A THIRTY (30) FOOT WIDE STREET KNOWN AS SOUTH STREET, APPLICANT'S TH BEING AND FOR WHEREAS, 3ay Patel, agent representing property, owner BAPS Development, Inc, i.~ reque~ing abandonment of the following two right-of-way easement segments. (1) a thirty (30) foot Wide street known as West Lane (SE 20m Avenue) located'south ~andl adjacent to applicant's property; and (:2) the abandonment of a thirty (30) foot wide street known as South Street, located east and adjacent to-. applicant's property, and the northerly extension of same; and WHEREAS, comments have been solicited from the appropriate City Deparbnents, and public headncjs have been held before the City's Planning and Development 8oard and the City Commission on the proposed abandonment; and WHEREAS, based on :the foregoing informaUon, the said rights-of-way no longer serve any useful purpose, NOW, THEREFORE, i BE ZT' RESOLVED BY THE CI'TY COMMI'SSI'ON OF THE CZTY OF BOYNTON BEACH, FLOR[DA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida by and through its City Commission, does hereby abandon two street rights-of- way segments, and more particularly described as Exhibit "A" attached hereto. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. 2000. Section 3. This Ordinance shall take effect immediately upon passage. FIRST READI'NG this day of ,2000. SECOND, FINAL READING AND PASSAGE THIS __ day of March, CiTY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner City Clerk Vacating of Right-of-WaY Description ~treet right-of-waY adjacent to the south line of lots 4. 5, & 6 of Sunny OBI addition, according to the plat thereof as recorded in plat book 22, page 10 of the Public Re~ r~s of Palm Beac~ County, Ftorfda. Being more particularly described as follows: Beginning st the southwesterly corrler of said lot 6 tl~nce easterly, along the south line of said lots 4, -', & 6, a distance of 163.70 feet to the southeast comer of eaJd lot 4; thence southerly, at ~lht angle to the last described Jinx. ,~ idistsftcIl of 3A.00 f~; th~flce W~st~f'llf and parallel to ti ~e south line of said lots 4, 5, & 6, said Fine being also the south line of the right-of-way being v; iceted, a distance of t6~.55 feet m. a point on the ,e.,aa fight-of'Way'line of the Florida east co~ atal railroad: ttlance northerly, along aforesaid Hght of. way line a distance of 30.39 fast ~o the pc nt of beginning. Together ~ tyre following property: A sortion of the fight-of-way ~djacant to east line of lots 1, 2, 3 & 4 of $~Jnny Oaks addition, Palm ee ch coantY, Flodd _?ng more ady ;egiflning?~et the~ NeE- corner of.said lot 1: th~ eas~, along the. eaat.~5~.y.e.~, anaon...of the. not, hi.line ~:said lot 1, adlstance of ~0.00 lore 1, 2, 3 & 4, a distanm..of 17g.64 feet~ thence westerly an~ parallel to the nefth line extenaion ~ Bald 10t 1, a. dist~ce of ~0.00 feet;, thence northerly, along the pest line of lots I and portion of lot 4. a distance of 17g'.64 feot t° the point of beginning' tOgstller with the following property. ' And That pa~t of fie north :250 feet of the south 1460 feet of th.e. a!. half (E. 1p2) of the north[Ut quarter (~.E~ ~) lying west ~f the Wast right-of-way line of Dixie Hmhway 8e~tlofl ~, :F~shlp 48 S.o. Ut~, Ranp 43 East, City- of aoynton 8eash, Plalm 8eeGh County, Flodcla, described aa follows. 1 L~e said no~th 2~0 feet of the south 1460 ~eet of the east i~aif Begin atthe southwest cemer of ! of th, quarter (N.E, of section .33 the west line of the east half (E1/2) Of the northeast quarte~ (N.E '~) oT salo sm on u~,~.~u.u ' feet to · line 1460 feet no~h ~ an~l pemllet ~th the south,lin.elof the east. half (E. 1/2) of th northeast quarter · ., ~ of section 3~; thenea 8. 8~ 28~ 52 E., along, said parallel line, 2S.00 feet; thence Containing S09'! square feet, more or lass. DISCLAIMER KNOW ALL HEN BY THESE PRESENTS that the Cib/ of Boynton Beach, Florida, a municipal corporation~ underthe laws of the S~ate of Florida, does hereby abandon ~he following bNO street rights-of-way: easement segments: (1) a thirty (30) foot wide street known as West Lane (SE 20m Avenue) located south and adjacent to applicant's property; and (2) the abandonment of a thirb/(30) foot wide street known as South S~reat, located e~s~ and adjacent to applicants properLT, and [he northerly extension of same; more pa~cularly described herein as Exhibit "A". the duly authorized officers of the Cib/ of Boynton Beach and affixed [he seal of the Cib/this day of March, 2000. ~ OF BOYNTON BEACH, FLORIDA Suzanne Kruse, City Clerk Gerald Broening, Mayor STATE OF FLOEZDA COUNTY OF PALM BEACH ) )SS: ) BEFORE I~IE, [he undersigned authorib/, personally appeared GERALD Broening and SUZANNE KEUSE, Mayor and Cib/Clerk respeddyely, of [he Cib/ of Boynton Beach, Florida, known to me to be the persons described in and who executed [he foregoing instrument, and acknowledged [he execution [hereof to be [heir free hand and deed as such officers, for the uses and purposes mentioned therein; [hat they affixed [hereto the offidal seal of said corporation; and that said instrument is [-he ac~ and deed of said corporation. WITNESS my hand and official seal in the said State and Counb/this day of March, 2000. NOTARY PUBLIC, State of Florida My Commission Expires: S:ca\disclaimer~BAPS Vacating of Right.of-Way Description Street right-Of-way adjacent to the s~uth tine of lots 4. 5. & 6 of S_un.n..y to the Plat therenfas recorded in plat book 22, page 10 of the County, FlOrida Being more particularly described as follows: Beginning comer of said lot 6 thence easterly, along the south line of Said lots 163.70 feet to the southeast comer of.said lot 4; thence southerly, at ri described line, a distance of 30.00 leer, thence westerly and parallel to t lots 4, S, & 6, said line being also the sout~ I ne of the right-of-way bang 16~.55 feet to a point qn the east dght-o~ way line Of the Florida east ,ce northerly, along~aforesaid right-of-way line a distance of 30~39 feetto the I: Together with t~e following property: 10ts 1, 2, 3 &4, a extensiOn:of seldl°t 1, a ~lstance of 20.00 feet; thence northerly, along the I artd portio~of lot 4, a distance-ef.lTg.64 feet to the point of beginning. And together with t~e following property: That part of the north 250 feat of the south .1460 feet of !h~ east half (E.~ quarmr (N!E. ~) lying Wast of the west right-of-way line of Dixie Highway 8ec~Qn 33, Township 45 South, .Rat~e 43 East, City. of Boynton Beach, F Florida~ described as follows: Beg~n' at the, southwest comer of the~ said north, 250 feet of the south 1460 (E. 1/2) of the northedst quarter (N.E. %) of section 33; thence north, along east half (E..1/2) of the northeast quarter (N.E. '~)of said section 33,250~01 feet north of and parallel with the south line of the east half (E.I/2) of th (N.E. ~) of section 33; thence S. 89 26' 52' E., along said parallel line, south 157.27 feet: tllence $. 15 07' 24' W~ 95.82 feet to the said po Cents ning 5091 square feet more or leas. addition, according ,orals of Palm Beach at the soutr~westerly & 6, a distance of ht angle to the last e south line of said cated, a distance of stal railroad; thence at of beginning. aqny Oaks addition, Public rRe~ol'd~ of 'ly extension of the ~1' to the east line of to the north line ,est line of lots 3, 2, 2) of the northeast [ate Road No. 5) in aim Beach County, eat of the east half the west line of the feet to a line 1460 ., northeast quarter 25.00 feet; thence nt Of beginning. Requested City Commisalon Meeting Dates [] November 16, 1999 [] December 7, 1999 [] Deee~aber 21, 1999 [] Jauuary 4, 2000 XI-LEGAL ITEM C.1 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Date Final Form Must be Tttmed in to City Clerk's Office November3, 1999 (5:00 p.m.) November 17. 1999 (5:00 p.m.) December 8, 1999 15:00 p.m.) December 22, 1999 (5:00 p.m.) Requested City Commission Meeting Dates [] January 18.2000 '-~ Febmary l, 2000 [] February 15.2000 [] March 7, 2000 Date Final Form Must be Turned in to City Clerk's Office January 5. 2000 (5:00 p.rm) January 19, 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m.) February 16, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Armouncemenz [] Presentation RECOMMENDATION: Motion to approve agreement between the City"s G.A.L.A. Committee and Sheldon Amusements for the amusement company to plan, organize and implement the Kids Komer games and fides area for the period of March 16 through 19, 2000. EXPLANATION: The agreement gives sole fights to Sheldon Amusements to provide games and rides, with 25% and 27% respectively, of the gross proceeds to be deposited into the City G.A.L.A. fund to benefit Kids Komer. As requ/red by the Risk Management Department, Sheldon Amusements will provide a one million-dollar certificate of insurance for the children's rides and games and a two million-dollar certificate of insurance for the adult fides, naming the City additionally insured, PROGRAM IMPACT: The games and fides add another interesting festival dimension for children and adult spectators. FISCAL Ill, ACT: · Increase the number of people drown to the festival site, ~hus increasing G.A.L.A. event revenue. · Sheldon Amusements maintains organization and control of games, rides and ticket sales with input from the G.A.L.A. Committee. · City receives 25% of games and 27% of fides from gross ticket sales by March 20, 2000. · No tax dollars involved with this agreement. ALTERNATIVES: Eliminate this am:action from the festival, Department Name s :XBULLETINAFORMS~4.OENDA ITEM REQUEST FORM.DOC ~ ~2i~'Manag[r' s Signature City Attor~ / Fiiaance / Hman Resources 2000 G.A.L.A, Rides And Games Agreement - Sheldon Amusements THIS AGREEMENT made and entered this __day o~ , by and between Sheldon Amusements, Incorporated, hereinafter referred to as "Sheldon Amusements" whose mailing address is 22226 ConCha Avenue, Boca Raton, Flodda, 33428 and the City of Boynton Beach. Florida. a municipal corporation, hereinafter referred to as "City," whose address is 100 East Boynton Beach Boulevard. Boynton Beach, Florida, 33435. WHEREAS, the City is in need of services to coordinate and provide a variety of amusements, rides, and gameS for'public recreation and enjoyment during the annual G.A.L.A. event held on March 16, 17, 18, & ;19, 2000. on Seacrest 'Blvd. and East Ocean Avenue in the Civic center parking lot. and WHEREAS. Sheldon Amusement has the knowledge, ability and equipment to provide the G.A.L.A. event, with such, the a~hority to represent such amusements, and children's rides, games and such amusements, and WHEREAS~ the City desires to engage the services of Sheldon Amusements to provide the G.A.LA. event with amusement entertainment for the aforementioned purposes, NOW THEREFORE, and in consideration of the mutual covenants and promises set forth herein, the parties to this agreement do hereby agree as follows: That Sheldon Amusements present their entire company, consisting of high-class pay show. riding devices, music, including equipment and generator for such rides, with prior approval of electrical hook up cords and set-up by state inspectors and City, for the four days of the event Mamh 16, 17, 18, and 19, 2000 for the amount of: 25% of ~ross receipts; G.A.L.A. Kids Korner for games and 27% of .qross receipts, G.A.L..A. Kids Korner for rides. Sheldon Amusements provides and sells all tickets and obtains all permits that may be required by law. Sheldon Amusements provides an accounting report of the gross receipts of the concession operations and shall provide 20 complimenta~ one day passes for rides to the G.A.L.A. Committee. All rides, games, shows, music, etc. provided by Sheldon Amusements shall be turned off and made non-operational at the stated closing time on each of the four days of operation. TIME OF OPERATION FOR G.A.L.A. Mamh 16, 2000 2 p.m.- 10p.m. March 17, 2000 12 p.m. - 11 p.m. Mamh 18, 2000 10 a.m. - 11 p.m. March 19, 2000 10 a.m. - 6 p.m. Set up will be on Monday, Tuesday, Wednesday and Thursday, March 13. 14, 15, and 16, 2000. Sheldon Amusements will be allowed to place equipment on City property (Civic Center), 128 E. Ocean Avenue, Boynton Beach, on Monday, March 13, 2000 no earlier than 1:00 p.m. and no later than 7:00 p.m. to be ready for set-up on Tuesday/Wednesday, Mamh 14 & 15, 2000. 3. That all riding devices, games, and concessions and m~nor privileges shall be under management and control of the City and the G.A.L.A. committee. o 10. 11. 12. That the City shall initiate this agreement between both parties and sign hereon by March 13. 2000. Aforementioned percentage shall be paid to The City of Boynton Beach Recreation Department on March 20 2000. The volume of the music provided by Sheldon amusements shall be kept at a level that does not interfere and/or overpower any of the G.A.L.A. programs, including any and all of the entertainment stages. The set-up locations of any and all Sheldon Amusements equipment must receive prior approval of the G.A.L~;. committee. Once Sheldon Amusements equipment is set-up and in place, it may not be moved, removed or relocated without prior knowledge and approval of the G.A.L.A. committee. That Sheldon Amusements shall arrange for, provide and set up alt rides and games (lighted)for the Kids Korner area for the said formentioned percentages payable upon settlement on March 20, 2000. 'Fhat in case of severe inclement weather as determined by the City, the G.A.L.A. Committee shall notify Sheldon Amusements six (6) hours prior to scheduled openings for cancellation and/or postponements. That, in the event of sickness or acts of nature which cause an inability for the rides and games to perform as scheduled, Sheldon Amusements shall substitute similar rides and games with prior approval by the City's G.A.L.A. Committee. That Sheldon Amusements representatives shall be acting as independent contractors of Sheldon Amusements and not as employees of the City. That no alcohol or illegal drugs shall be consumed by Sheldon Amusements' employees or representat yes prior to, during or subsequent to the G.A.L.A. event in Boynton Beach. That Sheldon Amusements shall provide promotional packages to the City's G.A.L.A. Committee no later than February 8th for press releases and public service announcements. That Sheldon Amusements shall provide verification of a one million dollar insurance liability policy which names the City, its officials, agents, employees, volunteers and participants as additional insured, for the children's rides and carnival booths; and, shall also provide verification of a two million dollar insurance liability policy which names the City, its officials. agents, employees, volunteers and participants as additional insured, for the adult rides. An original certificate of this insurance coverage shall be provided to the City's Risk Manager from the Sheldon Amusements' insurance carrier no later than Mamh 3, 2000. 13. That the City shall not be held responsible for damages to rides, games, or Sheldon Amusements' equipment due to vandalism or acts of nature prior to the implementation, during or after the termination of this agreement. 14. That the City shall not be responsible for any property damage or personal injury sustained by Sheldon Amusements, employees or representatives from any cause whatsoever, prior, during or subsequent to the period of time during-which this agreement is in effect. Sheldon Amusement hereby waives, discharges and releases the City its agents, employees, volunteers and participants from liability for the negligent acts of City or its employees and agents. 15. That Sheldon Amusements shall not sell, subcontract or transfer this agreement or any part of it to any individual, group, agency, government, non-profit or profit corporation. 16. That Sheldon Amusements shall indemnify, save and hold harmless the City, its agents, employees, volunteers and participants from any claim, demand suit, loss, cost of, expense or damage which may be asserted, claimed or recovered against or from City or City's agents, employees, volunteers or participants by reason of any damage to property or person~ including death~ sustained by any person.whomsoever, which damage is incidental to, occurs as a result of or arises out of the negligent or wrongful act(s)of Sheldon Amusements, its employees or representatives. 17. That, in the event that itigation shall be necessary for the enforcement of this agreement on behalf of either party, then the prevailing party shall be entitled to reasonable attorney fees and costs incurred in said I tigation Venue for said litigation shall be Palm Beach County. 18. That Sheldon Amusements shall provide the City with a variety of rides and games and shall bring their popcorn trailer, working through' Kevin Grimm who is in charge of concessions, for the G.A.L.A. event. 19. That Sheldon Amusements shall not discriminate against any person on the basis of race, color, religion, ancestry, national orig~n, age, sex, marital status, sexual orientation or disability in its hiring or contracting practices, the selection of rides & games or for any reason associated with this agreement. 20. That this agreement .alone sets forth all the covenants promises, agreements, conditions and understanding between the parties hereto. There are no covenants, promises, agreements, conditions or understandings, either oral or written, between the parties other than those herein set forth. No agreement shall be binding upon the parties unless and until it is reduced to writing and signed by both Sheldon Amusements and the City. 21. If any term or provision of this agreement shall, to any extent, be deemed invalid or unenforceable, the remainder of this agreement shall be valid and shall be enforced to the fullest extent of the law. 22. That the City's G.A.L.A. Committee unanimously has selected Sheldon Amusements Incorporated, to provide rides & games for the 2000 G.A.L.A. event, and that Kay Welsh shall serve as the City's contact for the coordination and selection of rides and games. N WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year written above. ATTEST: By:. By:, Gerald Broening, Mayor City of Boynton Beach Joe Sheldon, Sheldon Amusements Enterprises Approved as to form and legal sufficiency: James Cherof, City Attorney City of Boynton Beach RESOLUTION NO. R00-. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO .EXECUTE A RIDE AND GAMES' AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH (CITY) AND SHELDONE AMUSEMENTS, TO PLAN, ORGANIZE AND IMPLEMENT THE KIDS KORNER GAMES AND RIDES AREA FOR THE 2000 G.A.L.A. DURING THE MARCH 2000 FESTIVAL.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach G.A.L.A. is an annual, four day art/cultural festival attracting between 40,000 and 50,000 people; and WHEREAS, the 2000 G.A.L.A. is scheduled to be held on Mamh 16, 17, 18, and 19, 2000; and WHEREAS, upon the recommendation of staff, the City Commission of the ~ity of Boynton Beach, Florida has deemed it appropriate to enter into an Agreement with Sheldon Amusements, Inc., providing for Sheldon Amusements, Inc., to plan, organize and implement the Kids Komer games and ddes area during the 2000 Boynton Beach G.A.L.A. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Flodda Ioes hereby authorize and direct the Mayor and City Clerk to execute a Rides and Sames Agreement between the City of Boynton Beach and Sheldon Amusements. Inc., said Agreement being attached hereto as Exhibit "A". Section2. This Resolution shall become effective immediately upon )assage. PASSED AND ADOPTED this ~TTEST: 3ity Clerk [Corporate Seal) day of March, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner S:Reso~AgftGALA- Sheldo~ Amusements 2000 G.A.L.A. Rides And Games Agreement - Sheldon Amusements THIS AGREEMENT made and entered this day of , by and between Sheldon Amusements, Incorporated, hereinafter referred to as Sheldon Amusements whose ma~h g address is 22226 Concha Avenue, Boca Raton, Forda, 33428 and the City of Boynton Beach. Florida, a municipal corporation, hereinafter referred to as "City," whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida, 33435. WHEREAS, the C ty is in need of services to coordinate and provide a variety of amusements, rides, and games for public recreation and enjoyment during the annual G.A.L.A. event held on March 16, 17, 18, &~19, 2000 on Seacrest Blvd. and East Ocean Avenue in the Civic Center parking lot, and WHEREAS, Sheldon Amusement has the knowledge, abiiity and equipme.n,{ to provide the G.A.L.A. event with Such, the authoritY to represent such amusements, and children s rides, games and such amusements, and WHEREAS, the C ty desires to engage the services of Sheldon Amusements to provide the G.A.L.A. event with amusement entertainment for the aforementioned purposes, NOW THEREFORE, and in consideration of the mutual covenants and promises set forth herein, the parties to this agreement do hereby agree as follows: That Sheldon Amusements present their entire company, consisting of high-class pay show, riding devices, music, including equipment and generator for such rides, with prior approval of electrical hook UP cords and set-up by state!inspectors and City, for the four days of the event, March 16, 17, 18, and 19, 2000 for the amount of: 25% of qross receipts; G.A.L.A. Kids Komer for games and 27% of .qross receipts, G.A.L..A. Kids Korner for rides. Sheldon Amusements provides and sells all tickets and obtains all permits that may be required by law. Sheldon Amusements provides an accounting report of the gross receipts of the concession operations and shall provide 20 complimentary one day passes for rides to the G.A.L.A. Committee. All rides, games, shows, music, etc..provided by Sheldon Amusements must be turned off and made non-operational at the stated closing time on each of the four days of operation. TIME OF OPERATION FOR G.A.L.A. March 16, 2000 2 p.m.- 10 p.m. March 17, 2000 12 p.m.- 11 p.m. Mamh 18, 2000 10 a.m. - 11 p.m. March 19, 2000 10 a.m. - 6 p.m. Set up.will be on Monday, Tuesday, Wednesday and Thursday, March 13, 14, 15, and 16, 2000. Sheldon Amusements will be allowed to place equipment on City property (Civic Center), 128 E. Ocean Avenue, Boynton Beach, on Monday, March 13, 2000 no earlier than 1:00 p.m and no later than 7:00 p.m. to be ready for set-up on Tuesday/Wednesday, March 14 & 15, 2000. 3. That all riding devices, games, and concessions and minor privileges shall be under management and control of the City and the G.A.L.A. committee. That the City shall initiate this agreement between both parties and sign hereon by March 13 2000. Aforementioned percentage shall be paid to The City of Boynton Beach Recreation Department on March 20, 2000. The volume of the music provided by Sheldon amusements shall be kept at a level that does not interfere and/or overpower any of the G.A.L.A. programs, including any and all of the entertainment stages. The set-up locations of any and ali Sheldon Amusements equipment must receive prior approval of the G.A.L.A. committee. Once Sheldon Amusements equipment is set-up and in place, it may not be moved, removed or relocated without prior knowledge and approval of the G.A.L.A. committee. That Sheldon Amusements shall arrange for, provide and set up all rides and games (lighted)for the Kids Komer area~for the sa~d for mentioned percentages payable upon settlement on March 20, 2000. That in case of severe inclement weather as determined by the City, the G.A.L.A. Committee shall notify Sheldon Amusements si~((6) hours prior to scheduled openings for cancellation and/or postponements. That, in the event of sickness or acts of nature which cause an inability for the rides and games to~ perform as scheduled, Sheldon Amusements shall substitute similar rides and games with pdor approval by the City's G.A.L.Ao Committee. 9. That Sheldon Amusements representatives shall be acting as independent contractors of Sheldon Amusements and not as employees of the City. 10.-That no alcohol or illegal drags shall be consumed by Sheldon Amusements' employees or representatives prior to, during or subsequent to the G.A.L.A. event in Boynton Beach. 11. That Sheldon Amusements shall provide promotional packages to the City's G.A.L.A. Committee no later than February 8th for press releases and public service announcements. 12. That Sheldon Amusements shall provide verification of a one million dollar insurance liability policy which names the City, its officials, agents, employees, volunteers and participants as additional insured, for the children's rides and carnival booths; and, shall also provide verification of a two million dollar insurance liability policy which names the City, its officials, agents, employees, volunteers and participants as additional insured, for the adult rides. An or~jinal certificate of this insurance coverage shall be provided to the City's Risk Manager from the Sheldon Amusements' insurance carrier no later than March 3, 2000. 13. That the City shall not be held responsible for damages to rides, games, or Sheldon Amusements' equipment due to vandalism or acts of nature prior to the implementation, during or after the termination of this agreement. 14. That the City shall not be responsible for any property damage or personal injury sustained by Sheldon Amusements, employees or representatives from any cause whatsoever, pnor, during or subsequent to the period of time during which this agreement is in effect. Sheldon Amusement hereby waives, discharges and releases the City, its agents, employees, volunteers and participants from liability for the negligent acts of City or its emploYees and agents. 2 15. That Sheldon Amusements shall not sell, subcontract or transfer this agreement or any part of it to any individual, group, agency, government, non-pr0f~ or profit corporation. That Sheldon Amusements shall indemnify, save and hold harmless the City, its agents, employees, volunteers and participants from any claim, demand, suit, loss, cost of, e,x. pense or damage which may be asSerted claimed or recovered against or from C ty or C ty s agents employees, volunteers or participants by reason of any damage to property or person, including death, sustained by any person whomsoever, which damage is incidental to., occum as a result of or arises out of the negligent or wrongful act(s) of Sheldon Amusements, its employees or representatives. 17. That, in the event that litigation shall be necessary for the enfomement of this agreement on beha f of either party, then the prevailing party shall be entitled to reasonable attorney fees and costs incurred i~ said litigation. Venue for said litigation Shall be Palm Beach County. 18. That Sheldon Amusements shall provide the City with a variety of rides and games and shall bdng their oopcorn trailer, working through Kevin Grimm who is in charge of concessions for the G.A.L.A. event. 19. That Sheldon Amusements shall not discriminate against any person on the basis of race, color, religion, ancestry, national odgin, age, sex, madtal status, sexual orientation or disability in its hiring or contracting practices, the selection of ddes & games or for any reason associated with this agreement. 20. That this agreement alone sets forth all the covenants, promises, agreements, conditions and understanding between the parties hereto. There are no covenants, promises, agreements, conditions or understandings, either oral or written, between the parties other than those herein set forth. No agreement shatl be binding upon the parties unless and until it is reduced to writing and signed by both Sheldon Amusements and the City. 21. If any term or provision of this agreement shall, to any extent, be deemed invalid or unenforceable, the remainder of this agreement shall be valid and shall be enforced to the fullest extent of the law. 22. That the City's G.A.L.A. Committee unanimously has selected Sheldon Amusements Incorporated, to provide rides & games for the 2000 G;A.L.A. event, and that Kay Welsh shall serve as the City's contact for the coordination and selection of rides and games. IN W TNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year written above. ATTEST: By: By: Gerald Broening, Mayor City of Boynton Beach Joe Sheldon, Sheldon Amusements Enterprises Approved as to form and legal sufficiency: James Cherof, City Attorney City of Boynton Beach Requested Ci[y Commissmn Meetin~ Dates [] November 16. 1999 [] December7. 1999 [] December21. 1999 gI. LEGAL CITY OF BOYNTON BEACH D. 1 AGENDA ITEM REQUEST FORL_ Date F'mal Form Must be Turned in to City Clerk's Office November 3, 1999 (5:00 p.m,) November 17. 1999 December 8. 1999 (5:00p.m,) Requested City Commission Meetan~ Dates [] January 18. 2000 [] February. 1. 2000 [] February 15. 2000 December 22, 1999 (5:00 p.m.) [] M~xch 7. 2000 Date F'mal Form Must be Turned in to City Clerk's Office January 5; 2000 (5:00 p.m.) Janumy 19, 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m.) February t6. 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Add Chapter 9, Section 9-51 [e) to the City Code of Ordinance. to read: In the event that Boynton Beach Fire Rescue Deparunem resources are requested by another municipality which has an agreement with a third-party fire agency for mutual aid services, and of which no Interlocal Agreement or Mutual Aid Agreement with the City of Boynton Beach exists, a fee in the amount of $2.000.00 per occurrence for up to one (1) hour service, and $500.00 per hour for each additional hour, shall be charged to the municipality requesting and receiving such services. Payment must be made to the City, in full. within thirty (30) days of invoice. EXPLANATION: This will ensure that reasonable and proper fees are established in the event that Fire Rescue resources are requested.and available, m respond to areas of which no Mutual Aid Agreement or Intcrlocal Agreement has been established. PROGRAM IMPACT: This will allow, at the discretion of the shift commander, Fire Rescue resources to assist when requested to any jurisdiction, and will provide a fee recovery schedule consistent with the cost of such servtces. FISCAL IMPACT: Dependent upon call volume. ALTERNATIVES: Continue to be subject to calls for assistance with no pro.v~,ion for recovery of applicab~[¢ fees. Department Head ignature ' ' ' C~ty Manager s Signature Department Name City Attorney / Finance / Human Resources SABULLETINYFORMS~AGENDA [rEM KEQUES~ FORM.DOC Memorandum u/~ · To'. Mr. Pete Mazzella - City of Boynton~uYNt~B-'e-a-c-n~, From. Dan Anderson - CDM/West Palm Beach Date: March 2, 2000 Subject'. Stormwater, Water and Wastewater Rate Study Transmittal of Revised Tables Dear Pete: As always, itwas a pleasure talking with you and Barb this morning. As we discussed, enclosed are the revised tables for your review and our conference call tomorrow morning at 11:30 am. Please be advised that in order to produce these tables and to get them to you for our review, we have not had time to check the numbers. It was surprising to see that the increased operating expenses would necessitat~ an adjustment to the rates of only $1.00 per month per ERU,. from $5~00 to $6.00. (Please compare the enclosed Tables 6-1 at $5.00 per month per ERU and at $6.00 per month per ERU.) This change produces:roughly an additional $600,000 annually in revenues, which is about the increase in the Grand Total Current Expenses in Table 4-3 after including the increased operating expenses for an additional stormwater maintenance crew and the additional swale maintenance. We look forward to discussing this memorandum and related items with you tomorrow. We appreciate the opportunity to continue to serve the City of Boy, ton Beach on this important project, As always, many thanks to you and Barb for your help. Regards. Dan. Enclosuresl 6276-27182-010.RT.REP bs5263 DRAFT Cost Center Utility Construction: Personnel & Related Costs (3) Operating Expenses (3) Transfers (3) Total Utility Construction TABLE 4-3 CITYOF BOYNTON BEACH FLORIDA STORMWATER. WATER AND WASTEWATER RATE STUDY PROJECTION OF STORMWATER SYSTEM CURRENT EXPENSES Fiscal Year Actuel Budgetea Projected 1999 (1) 2000 (2) 2001 2002 2003 2004 $69.729 $88.266 $91 000 $94.000 $97,000 $100.000 13.714 27.672 29,000 30,000 31,000 32.000 2.447 1,691 2,000 2.000 2~000 2.000 $85.890 $117.628 $122;000 $126,000 $130~000 $134.000 Utility Adminisb'ation: Peraonnel & Related Costs (3) $4~.144 $57675 $59.000 $61 .{300 $63.000 $65,000 Operating Expenses (3) 13.903 15.239 16.000 16.000 16,000 16.000 Transfers (3) 1 ~674 860 1.000 1,000 1,000 1,000 Total Utility Admiff~stration $61 722 $73.775 $76i000: $78.000 $80.000 $82.000 General Administration: Personnel & Related Costs (3) Operating Expenses (3) Transfers (3) Total General Administration Stormwater Maintenance; Personnel & Related Costs (3) (4) Operating Expenses (3) (5) Transfers (3) Total Stormwater Melntenance Customer Relations: Personnst & Related Costs (3) Opetst ng ExpenSas (3) Transfers (3) . Totat;C,.~stomer Relations Cashiednr~: Personnel & Relsf~ed Costs (3) Operating Expenses (3) Transfers (3) Total Cashiering City Hall at the Mall: Personnel & Related Costs (3) Operating Exper~S~es (3) Transfers (3) '[~otel Ci~ Hall at the Mall Grand Totst Current Expenses $0 $542 $1.000 $1 0(30 $I.000 $1,000 1.436 I 496 2.000 2.000 2.000 2,000 280,587 269.656 278,000 286~000 295,000 3OZ. 000 $282;023 $271,695 $281.000: $289.000 $298.000 $307.000 $214,266 $235.737 $329,000 $428,000 $441,000 $454,000 94.414 195,671 209,000 329,000 500,000 679.000 5,806 3~901 4,000 4,000 4.000 4.000 $314.485 $435~309 $542~000 $761,.000 $945.000 $1.137.000 $89.742 $113,125 $117,000 $t21.000 $125~000 $129,000 51 545 129.349 133,000 137.000 141,000 145,000 1 532 180 0 0 0 0 $142.819 $242,654 $250,000 ~258.000 $266,000 $274,000 $45,524 $40,113 $41,000 $42.000 $43.000 $44.000 2.388 1.168 1,00O 1,000 1.000 1 000 85 34 0 0 0 0 $47998 $41,31~ $42,000 $43,000 $44,000 $45.000 $8.408 $9,069 $9,000 $9.000 $9,000 $9.000 1.413 3,239 3,000 3,000 3.000 3,000 30 33 0 0 0 0 $9,851 $12,340 $12.000 $12,000 $12,000 $12.000 $944,788 $1,194,715 $1.325.000 $1.567.000 $1.775.000 $1.991 000 Footnotes on following page. Rate_Study.xls Section 4 3/2/00:10:08 AM DRAFT Footnotes to Table 4-3: (1) Taken from Table 4-1. (2) Taken from Table 4-2. (3) Considered a fixed cost. Inflated beyond Fisoal Year 2000 at an annual rate of: 3.00% (4) Beginning in Apd12001 includes annual amount of $168,000 for additional stormwater crew and reclassification of present positions. (5) Beginning in April 2001. includes annual amount of S15.000 for additional operating costs associated with equipment used by additisnai stormwatar crew. Also includes $100.000 in Fiscal Year 2002. $200.000 in Fiscal Year 2003. and $300.000 in Fiscal Year 2004 for swale maintenance. Costs are at F"~scal Year 2000 levels, and are escalated as described in Footnote (3). Rate_Study.x~s Section 4 3/2/00:10:09 AM DRAFT Item TABLE 4-7 CITY OF BOYNTON BEACH. FLORIDA STORMWATER WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY WATER SYSTEM RENEWAL & REPLACEMENT PROGRAM Fiscal Year 1999 2000 200~i 2002 2003 2004 RR&[ Account Beginning Balance (1) Transfer from Ooerafions interest Earnings (3) Uses of Funds: (4'~ Replace Membrane Elements - West WTP Telemet~ Pumps & Adusteble Speed Odves - West WTP Well Rahab. Program (4 welts/year) Sludge Pump Reph Program (Er. WTP, 2~Jear) Slaker Replacement (E.WTP) Elect~c Valve Actuator ReplaCement Higtt Service Pump Replacement Replace Computer Equipment Scrubber and Chemical Pump Replacement Water Main Replacement Water Meter Replacemen( Recoafing Aerial Crossings Replace Computer Equipment Subtotal Nlowance for Contingencies (2% of Subtetell Total Uses o! Funds $3.600.000 $2,992.116 $2,552,385 $1,985,333 $1,372,733 $828.293 347~856 675,169 659.968 701,160 713,220 725,880 0 0 0 0 0 0 $3.947.856 $3.667.285 $3.312.353 $2.686.493 $2.085.953 $1.554.173 $100,000 $52~000 $106.000 $109.000 $113.000 $116.000 5.000 0 0 0 0 0 50.000 0 80,000 0 0 0 70.000 82.000 85,000 93.000 96.000 99,000 4.000 6.000 5,000 5,000 6,000 6,000 O 0 64,000 0 0 0 15.000~ 0 0 0 0 0 40.000 46.000 53.000 44.000 45.000 46,000 40.D00 0 11.000 11,000 23.000 23,000 200.00G 412.000 424,0190 437.000 450.000 464.000 300.000 309.000 424.000 437.000 450.000 464,000 O~ 26.000 27.000 27,000 28.000 29,000 5.000] 31,000 11,000 11 ~000 11.000 12.000 $937,0~0~ $995,000 $1,301~060 $1,288,000 $1,233,000 $1.271.000 18.74~ 19,900 26,020 25,760 24,660 25.420 $1,257,566 $1.29S.420 $955,7~10~ $1,014,800 $1,327~020' $1,313,760 Endina Balance: (5) $2.992.116~ $2,652,385 $1.985.333. $1,372,733 $828.293 $257.753 (1) =or Fiscal Year ;I 999, equats poraon of 10/1/gS balance allocated to wate~.system. Thereafter, equala Ending Balance from prior year, (2) For Fiscal Year 1999. eq u~s po~on of amount recomm ended by City's ;c~nsulfing engineer of $1.182!500. Therea~er~ equals Total R e,~enues from preceding,year from Table 5-5 multiplied b~ 6.0%. (3) ncluded in interest earnings in Table 5-5. (4) Fiscal Year 1999 taken from City's '~udget Year 1996-99, Utilities Rer~ewat & Replacement - Water". Future years taken from -Proposal and F~ ~nding Plan, August 1999. Table 6. and escdiated by 3~ annually beyond their 1998levels as estimated by the City (5) Equals Total S0ufces of Fuads less Total Uses of Funds. Rate_Study.~s ~ Section 4 3/2/00:10:10 AM DRAFT TABLE 4-8 CiTY OF BOYNTON BEACH. FLORIDA STORMWATER. WATER AND WASTEWATER ENTERPRISE FUND RATE STUDy WASTEWATER SYSTEM RENEVVAL & REPLACEMENT pROGRAM F=cai Year Item 1989 2000 2001 2002 2003 2004 Sources of Funds: RR&I Account Beginning Balance (1) Transfer from Operations (2) interest Earnings (3) Total Sources of Funds $463.261 $1.048.005 $1,354,929 $1.383.253 $1.405.393 $1,419.673 834.644 681.264 689.284 731.040 743.580 756.780 0 0 0 0 0 0 $1.297.90B $1.729.269 $2,044.213 $2.114.293 $2.148.973 $2.176.453 Uses of Funds: (4} Insik~rrn Sewer Main Repair Sewer Main and Manhole Renewal/Replacement Purchase 28 Replacement Pumps Each Year Replace Computer Bquipmen~ Conven~ DP/Pit Pumping Stations tc Submersible Recoafing Aerial Crossings $90,000 $155,000 $212.000 $219.000 $225,000 $232.000 50.000 52.000 106,000 137.000 141.00Q 145.000 100,000 103.000 159.000 164.~00 169.000 174.000 5.000 31.000 11.000 11.000 11.000 12.000 0 0 133.000 137.000 141.000 145.000 0 26,000 27.000 27.000 26.000 29.000 $245.000 $367.000 $64~,000 $695,000 $715.000 $737,000 4,900 7,340 12.960 13.~00 14.300 14.740 $249.900 $374.340 $660;960 $708,900 $729,300 $751,740 Endina Balance: (53 $1_048.005 $1.354.929 $1.383.253 $1.405.393 $~ .419.673 $1.424.713 (1) For Fiscal Year 1899, equals porrion of 10/1/98 balance all?cated to w~s~ewater system. Thereafter, equals Ending Balance from prior year. (2) =or Fiscal Year 1999. eauals balance of total amount recommended by Cites consulSng engineer of $1.I82.500. Thereafter. equals 6.0% of Total Revenues from preceding year from Table 5-6. (3) Included in interest earnings in Tabta 5-6. (4) Fiscal Year 1999 taken from Ci~s "Budget Year 1998-99, ~filities Renewal & Replacement - Wastewater'. Future years taken from 'Proposal and Funding Plan, August 1999. Table 7. and escalated by 3% annually beyond t~eir 1999 levels as estimated by the City. (5) Equals Total Sources of Funds [ess Total Uses of Funds. Rate_Study.xis Section 4 3/2/00:10:10 AM DRAFT TABLE 4-9 CITY OF BOYNTON BEACH. FLORIDA STORMWATER WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY STORMWATER SYSTEM CAPITAL IMPROVEMENT PROGRAM Fiscal Year Item 1999 2000 2001 2002 2003 2004 Balances Applied: Series 1996 Construc~on Fund Util~ General Account Total Beginning Balance (1) Sedes 2000 Bonds Constn~ction Fund (2) Net Revenues from O=erafio~ls (3) =ee-ln-Lieu-Of Capital Charge Receipts (4) interest Eamfngs (5) Total Sources of Funds $13.204,355 $0 $0 $0 $0 $0 0 0 315.000 0 0 0 $13,204.355 $11,303.651 $17,984.296 $9.934.546 56.475.650 $3,186,259 0 13.160.700 0 0 0 0 0 0 0 0 0 0 0 100.000 100.000 100.000 100.000 100,OOO 539.296 630.945 607,750 361,105 212.609 70.639 $13~743~51, $25.195.296 $15.392.~046 $)0.395.650 $6,788.259 $3.356.899 Uses of Funds: Series 19~6 Bond Proiecta: (6) Phase 1 [Bawntown tm~mvements $2,180,000 $3.465.000 $1,732~500 SW 4th Ave~ to BB Blvd.. 195 to Seacrest 120.000 120.000 0 Intmcoastal Outfal[s to be Replaced/ I CO,000 1 (30,000 200.000 Relined & Oil/Grit Seoaratar Swale Develegment 30:000 50.000 50.0C0 French Drain Const. - F_xfiltmtion Trench 10,000 110.00{3 100.000 Tofa[Series 1996 Bond Projects $2,440,000 $3.845,000 $2,082,500 Other Projects: (7) Indusfrial Ave JLake Boynten Estates Dr. $0 $1.0(30,000 $2.000.000 Swale Redeve~opn!ent City-Wids 0 2.266,000 2.334.000 Costa Bel!a 0 200.000 400.000 Downtown Stormwater- Phases 2 & 3 ,0 515,000 1\326,000 Total Other Projecte $0 $3,981,000 $6,060,000 Additional Equipment for New Stormwatar Maiof, Crew (8) '0 0 315.000 · Total Usgs of Funds $0 $0 SO 0 0 0 0 0 0 50.000 0 0 100,000 0 0 $150.000 $0 $0 $0 $0 $0 2.404.000 2.476.000 3.333.000 0 0 0 $3,770,000 $3.602,000 $3,333,Q00 0 0 0 $2,440,000 $7,826,0C0 $S,4~7.900 $3.920.000 $3.602.000 $3.333.000 $11.303.651 $17,369,296 $9,934.549 $6.475.650 $3.186.259 $23.899 Endina Balance: (1) Equals sum of Balances Applied plus Ending Balance from pdor year, (2) Based =n prelim~na ry ana~yals f~m undenwiters, ~ a total issue s~e o~ $15.3 rnillion. (3] No tmnofer from operations anbcipated. (4) Anrt[~ receipts estimated by City staff. (5) Estimated at a rate of 4.5% on the average balance of funds. (6) Taken from City's "Starmwatar Projects Funded by 1996 S?es Bond. Exhibit B, Page 3, Revised 3/17/99. Costs not escaJated. (7~ Based on C~ty's ~Prol3osa and Fund ng P an, August 1999. Table 3. Costs are escalated at an annual rate of 3% beyond their 1999 levels as estimated bythe City. (8) For pumhase of fotiowin~eq~ipment tar new stormwater crew: tandem axle vac-con t~uck: large combination backhoe; 1 O-yard dump ~rucK: abe utility body pickup fruck. Rate_Stady.x~s Section 4 3/2J00 10:11 AM TABLE 4-13 CiTY OF BOYNTON BEACH. FLORIDA STORMWATER. WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY WASTEWATER SYSTEM CAPITAL IMPROVEMENT PROGRAM Fiscal Year 199S 2D00 2001 2002 2003 2004 Balances Applied: Series 1992Bond Constru~on Fund Sedes 1996 Bond Cons~ction Fund Utility General Account Total Beginning Balance (1] Net Revenues from Operations (2) Wastawater System fmpact Fees (3) Interest =.arnings (4) Total Sources of Funds $42.121 $0 :SO $0 :SO $0 1.400.000 0 0 0 0 0 0 0 0 g~o,OOO 920.000 940.000 $1.442.121 :S893.516 $380.552 $1.061.377 :S937.825 :S940.165 0 0 0 0 0 0 0 0 0 0 0 0 $1,368 28.036 11.925 23.748 20.640 20.746 $1,493:~16 $921,552 _$392,477 $1,085.125 $958.46~ $960.911 Uses of Funds: Series 1996 Bond Projects: (5) Master LiE Station Rehab. 309, 316, 317 (0% Expansion) Convert Dry PE L,S. to Submersible I0% Expansion) Total Series 1996 Bond Projects Other Projects: (8) Cites Share of WWTP Biosolids project (0% Expansion) C~t~s Share of Chisrine S~dy -WWTP (0% Exoansion) Total Other Projects Total Uses of Funds $500,00Q $438.000 $0 :SO $0 $0 100~00 103.000 106,0(30 109.000 0 0 $600.000 $541.000 $106.000 $109,000 $0 $0 $0 $0 $93.825 $718,725 $718.729 :S718.725 0 0 31.275 239,575 239.575 239.575 :SO :SO $125.100 $958.300 $958.300 $958.300 $600,000 $541,000 $231.100 $1.067.300 :S958.300 $958.300 $893.516 $380,552 $161,377 $17,825 $165 $2.611 Endina Balance: (73 (1) Equals sum of Balances Applied plus Ending Balance from prior year. (2) Assumed to be :S0 for this analysis. (3) Imptict fees are sho~n as an availabis source of funding only to the ~stent that capacity expansion expenditures are projected. Currently, approximately $1.7 million of wastewatar impact fees am on hand. T;3eir application is restricted to ~apamty expansisn related expenditures, which in this table is only for design of wastewatar frea~ent plant expansion, n o costs for which are projected. (4) Estimate~ as 4.5% of ayemge annual baisnce of funds. (5) Taken from Ci~s"Wastevratar projects Fun~dsd by 19~ Series Bond-" Exhibit B, Rage 2. Revised 3/17/99. Costs are escal~ed at 3.0% annualiy beyond the r 1999 levels as estimated by the City. (6) Based on City's 'Proposal and Funding Plan, August 1999," Table 2. Does not include costs prior to Fiscal Year 2000. Costs are escaist~d at an annual rate of 3% beyond their 1999 levels as estimated by the City. Cost for biosolids project and chlodne study estimated by City. (7) Equals Total Sources of Funds less Total Uses of Funds. Rate_Study.xls Section 4 312/00;10:18 AM DRAFT Item TABLE 5-3 CITYOF BOYNTON BEACH FLORIDA STORMWATER. WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECTION OF INTEREST EARNINGS AT PREVAILING RATES Actual Estimated Proiected 1999 2000 2001 2002 2003 2004 Average Annual Balance (1) Annual Interest Earnings (2) UtilE,/General Account: Beginning Balance (3) Expenditures (4) Beginning Balance less Expenditures Average Annual Balance Annual Interest Earnings (2) Customer Deposes: Average Annual Balance (5) Annual interest Eamir~s (2)'- Bond Requirements: Sedes 1992 Debt Service Reserve: Average Annual Balance [6) Annual Interest Earnings (2) Series 1996 Debt Service Reserve: Average Annual Bstance (7) Annual Interest Earnings (2) Annual Debt SennCe: Average Annual Balance (8) Annual Interest Earnings (2) Renewal. Replacement & Improvement Account: Average Annual Balance (9) Annual Interest Earnings (2) Retained Earninqs: Average Annual Balance (10) Annual interest Earnings (2) $9,654,060 $9.654,066 $9,654.066 $9,654.066 $9.654.085 $9.654.066 $4.34,433 $434,433 $434.000 $434.000 $434.0(30 $434.000 $17.497,411 $18.284,794 $19,025,810 $1&.358.810 $18.264,810 $18,145.810 0 80.000 1.490.000 900.0~0 920.000 5.040.000 $17,497,411 $18,204~794 $17.535.810 $17.458.810 $17.344.810 $13,105,810 $17,497.411 $18,244,794 $18,280,810 $17.908.810 $17,804,810 $15.6'25.810 $787,383 $821,016 $823.000 $806.0(30 $801.000 $703.000 $1.104.638 $1,104,638 $1,104,638 $1,104.638 $1,104,638 $1.104.638 $49.709 $49,709 $50.000 $50,000 $50.000 $50.000 $8.600.000 $8.6{;0.000 $8.600,000 $3.600,000 $8.600.000 $3.600,000 $162.000 $162,000 $162.000 $162,000 $162.000 $162.000 $1,939.180 $1,939.180 $1.939,180 $1,939,180 $1.939.180 $1.939.180 $87.263 $87.263 $87,000 $87.000 ' $87.000 $87.000 $1.307,081 $1.307.081 $1,914,581 $1,911,636 $1,914,408 $2.037.488 $58.819 $58.819 $86,000 $86,000 $86.000 $92.000 $4.051.691 $4.023.717 $3,687,950 $8.073.356 $2,513,046 $1.$85.216 $182.326 $181,~67 $166.000 $138.000 $113.0OO $88.000 $3.133.342 $3,133,342 $8.133.342 $3.158,342 $3.133,342 $3,133,342 $141.000 $141 000 $141 0C0 $141.000 $141 000 $141 000 Annual interest Eaminqs: Total [tl) $1,9~2,933 $1,935,307 $1,949,000 $1.904.000 $1.874.000 $1,757,000 AIIocatea to: Stormwa~er System (12) $95,147 $$8.765 $97.000 $95,000 $94,000 $88.000 Water System (13) $903,893 $819.271 $826,000 $905,000 $890.000 $835.0~0 Wastewater System (13) $903,893 $919.271 $926.000 $905.000 $890,{300 $835,0~3 (1) Actual bstance at 9/30/98 assumed to remain for duration of rate study period. (2) BaSed on a rate of 4.5% applied to the average annual ba ance. Beginning in Fiscal Year 2001, rounded to nearest $1.000. (3) Eq~lals beginning balance less expenditures from prior year plus annual interest earnings h~om prior year. (4) Equals sum of annuat expenditures from Tables 4-9 through 4-13. (5) Actual balance at 9/90/98 assumed to remain for duration of rate study 0eriod. (6) ,Equsts ar~ount of bond proceeds applied to the Series 1992 Bonds debt service reserve fund. (7) EqUals amount of bond proceeds applied to the Series 1996 Bonds debt service reserve fund. (8) EqUsts one-half of the Total Annual Principal & Interest from Table 4-6. (9) Eqbala the sum of the average annual balances from Tables 4-7 and 4-8. (10) A~tual balance at 9/30/98 assumed to remain for duration of rate study period. Rate_Study.xls ~ Sect[on 5 3/2/00'10:19 AM DRAFT Item TABLE 5-4 CITY Of BOYNTON BEACH. FLORIDA STORMWATER, WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECTION OF STORMWATER SYSTEM REVENUES AT PREVAILING RATES Fiscal Year Actual Budgeted Pmiectee 1999 2000 2001 2002 2003 2O04 SYSTEM GROWTH PROJECTIONS Annuat Growth Rate: Percentage Annual Increase (1) REVENUE PROJECTIONS Charges for Services: Subdivision Ordinance Procedure (3) Stormwater Utility Fee (4) Total Charges for Services nterest Earnings (5) Miscellaneous Revenues (3)' Operating Transfers in from Sanitation (.3) Total Revenues 1.03% $0 $0 $0 $0 $0 $0 587.527 6~2.612 609.000 615.000 621.000 6271000 $587,527 $602.612 $609.000 $615,000 $821.000 $627.000 81.959 48.000 97.000 95.000 94.000 88.000 0 0 0 0 0 0 33.703 33.703 34.000 34.000 34.000 34.000 $703.189 $684.315 $740.000 $744000 $749 000 $749.000 (1) Taken from Table 2-1 (2) Calculated annual increase in Projected Population. (3) Projected to remain at buageted Fiscal Year 2000 levels. (4) Projected to grow beyond budgeted Fiscal Year 2000 level at Pementage Annual increase rate. (5) Taken from Table 5-3. Rate_Study.xls Section 5 3/2~00 10:20 AM DRAFT Item TABLE 5-5 CITY OF BOYNTON BEACH FLORIDA STORMWATER. WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECTION OF WATER SYSTEM REVENUES AT PREVAILING RATES Fiscal Year Actual Budgeted Projected 1999 2000 2001 2002 2003 2O04 SYSTEM GROWTH PROJECTIONS Annual Growth Rate: Projected PopLaation (1) Percentage Annual Increase (2) REVENUE PROJECTIONS Char~3es for Services: Subdivision Ordinance Procedure (3~ Water Sales (4) Water Connection Fee (4) Water Service Charges (4) Total Charges for Services Interest Earnings (5) Miscellaneous Revenues (3) Operating Transfers in from Sanitation (3) Total Revenues :':;':::'::~::.= ............... 97,155 99.158 101,203 103.291 105.421 2.06% 2.06% $15,492 $17,500 $18.000 $18.000 $18.000 $18,000 10.210.808 10.249.518 10,461,000 10,677 009 10.897.000 11.122.090 113.684 120.000 122.000 125,000 128.000 131,000 73.800 150.000 153.000 156.000 159,000 162.000 $10,413,782 $10,637.018 $10.754.000 $I0,976,000 $11.202.000 $11.433.000 778.612 456.000 926.000 905.000 890.000 835.000 60_418 6.450 6,000 6.000 6.000 6,000 0 0 0 0 0 0 $11.252,813 $10,999,468 $11,686,000 $11.887~000 $12.098,000 $12,274.000 (1) Taken from City's Consumptive Use Permit. (2) Calculated annual increase in Projected Population. (3) Projected to remain at budgeted Fiscal Year 2000 levels. (4) Projected to grow beyond budgeted Fiscat Year 200{; level at Percentage Annual increase rate. (5) Taken from Table 5-3. ~ate_Study.xls Section 5 3/2/00:10:22 AM DRAFT TABLE CITY OF BOYNTON BEACH. =LORIDA STORMWATER. WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECTION OF WASTEWATER SYSTEM REVENUES AT PREVAIL[NG RATES Item Fiscal Year Actual Buctgeted Projected 1999 2000 2001 2002 2003 2004 SYSTEM GROWTH PROJECTIONS Annual Growth Rate: Projected Population (1) Pementage Annual Increase REVENUE PROJECTIONS Choreas for Services: Subdivision Ordinance procedure [3) $15.492 $17.500 $18.000 $18.000 $18.000 $18.000 Sewer Service Chargea (4) 10,434.542 10,931,911 11.157.000 11,387,000 11.622.000 11.862.000 Televise Sewer Lines 31.636 42.500 43.000 43.000 43.000 43.000 TotalChargesforServices $10.481.670 $10,991.911 $11.218.000 $11.448.000 $11.683.000 $11,923.000 Interest Earnings {5) 778.6t2 456.000 926.000 905.000 890.000 835.000 Miscellaneous Revenues (3) 60,418 6.450 6.000 6.000 6.000 6.0~O Operating Transfers in from Sanitation (3) 33.703 33.703 34.000 34~000 34.000 34.000 Total Revenues $11.354.403 $11,488.064 $12.184.000 $12.393.000 $12.613.000 $12,798.000 (1] Taken from Cit,/s Consumptive Use Permit. (2~ Calculated annual increase in Projected Population. (3) Projected to remain at budgeted Fiscal Year 2000 levels. (4) Projected to grow beyond budgeted Fiscal Year 2000 level at Percentage Annual increase rate. (51 Taken from Table 5-3 Rate_Study.x~s Section 5 3/2/00:10:22 AM DRAFT TABLE 5-7 CITY OF BOYNTON BEACH. FLORIDA STORMWATER WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECTION OF 8TORMWATER SYSTEM REVENUES. EXPENDITURES AND CASH FLOWS AT PREVAILING RATES ~scal Year Actual Budgete¢ Proiected Item 1999 2000 2001 2002 2003 2004 Total Charges for Services $587.527 $602.612 $609,000 $615,D00 $621.000 $627.000 Interest Earnings 81.959 48,000 97.000 95.000 94,000 88.000 Miscellaneous Revenues 0 0 0 0 0 0 ODera[~ng Transfem in from Sanitation 33.703 33.703 34,000 34.000 34.000 34.000 Total Revenues $703,189 $684.315 $740 DO0 $744.000 $749,000 $749.000 Total Current (Operating) Expenses (2) $944.788 $1.194,715 $1,325,000 $1.567.000 $1,775.000 $1.991.o00 Net Revenues ($241.598~ ($510,400) ($585,000) ($823,000) ($1,026,000) ($1,242,000) A~nual Princlaal & Interest: Existing (3) $440.861 $440.861 $886.037 $883.879 $885.910 $976,104 Additional (4) 0 360.000 845.143 839.863 829.427 734.103 Total Annual Princioat & Interest $440.861 $800.861 $1.731.180 $1.723.742 $1.715.337 $1.710.207 Net Revenues After Debt Service l$682,459) ($1,311,261) ($2,316,180) ($2,546,742) ($2.741.337) '$2.952.207) Transfers to Ren. Repl. & Improvement Fund [5) 0 0 0 0 0 0 Minor Capital Outlays (6) 107.109 151.612 133,0OO 137.000 141.000 145.000 Net R~venues Available for Other Purposes (7) ($789,568) ($1,462,873) Cumulative Surplus/(Deflcit) (8) ($789,568) ($2,252,441) ($4,701,621) ($7,385,363) ($10,267,700) ($13.364.907~, Annual % Adjustment to Eliminate Deficit (9) 134.39% 242.76% 402.16% 436.38% 464.14% 493.97% ($2,449,180) ($2,683,742) (S2,882,337) ($3,097,207) (1) Taken from TableS-4. (2) Taken from Table 43. (3) Taken from Table 4-6. (4) Preliminary estimates provided by financial advisors, (5) Ail storrnwater system expenditures are budgeted and projected as either current expenses or capital expenditures. (6) Fiscal Year 1999 taken from Table 4-1: Flacal Year 2000 taken from Table 4-2, Beyond Fiscal Year 2000. annual amounts eoual the average vatues for F scal years 1999 and 2000, increased by3-O% annually [or inflation. (7) Equals Net Revenues After Debt Service less Transfem to Renewal, Replacement & Improvement Fund less Minor Capital Outlays. (8) Equals Cumulative Surplusl(Deficit) from ~nor year plus Net Revenues Available for Other Purposes in current year. (9) Equals negative values of Net Revenues Available for Other purposes divided by Total Charges for Services in corresponding year. Rate_Stuey.x~s Section 5 3/2/00:10:29 AM 'FABLE 5-8 CITY OF BOYNTON BEACH. FLORIDA STORMWATER. WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECT~ON OF WATER SYSTEM REVENUES, EXPENDITURES AND CASH FLOWS AT PREVAILING RATES Fiscal Year Actual Budgeted Proiecma tern 1999 2000 2001 200~ 2003 2004 Revenues: (1) Total Charges for Services nterest Earnings ~iscellaneous Revenues Operating Transfers in from Sanitation Total Revenues Total Current (Operating) Expenses (2) Net Revenues Annual Pdncipal & Interest: Existing~ (3) Additiora[ (4) Total Annual Principal & interest Net Revenues After Debt Service Transfers to Ren. Repl. & Improvement Fund Minor Capital Outlays (6) Net Revenues Available for Other Pursoses Cumulative Suro~us,'(Deficit) (8) Annual % Adjustment to Eliminate Deficit (9) $10.413,782 $10.537.018 $10,754,000 $10,976,000 $11.202.000 $11,433,000 778.612 456.000 926,000 905,000 8.90,000 835.000 60,418 6,450 6.000 6.000 6,000 6.000 0 0 0 0 0 0 $11,252,813 $10,999,468 $11.688.000 $11.887.000 $12,098,000 $12,274,000 $8.630,597 $8.624.911 $8.908.000 $9.20! ,000 $9,594,000 $9,817,000 $2.622,216 $2,374,557 $2.778.0~O $2,886,000 $2,594,000 $2,457,000 $I,5B7,883 $1,567,883 $1.868.838 $1,867,379 $1,868,753 $1,929,726 0 0 0 0 0 0 $1,567,883 $1,567;883 $1,888,838 $1.867~379 $1,868,753 $1.929.726 $1.054.333 $806.674 $909.162 8818.621 $725,247 8827,274 347.856 675,169 659,968 701.160 713.220 725.880 337.687 299.786 328.000 338.000 348.000 358.000 $36~,790 ($168~281) ($78,806) ($220,539) ($335,973) ($556,606) $368.790 $200,509 $121 703 ($98,836) ($434,808) ($991,415) N/A 1.60% 0.73% 2.01% 3.00% 4.87% (1) Taken from Table 5-5. (2) Taken from Table 4-4 (3) Taken from Table 4-6. (4) No additional debt assumed to be issued for this case. (5', Taken from Table 4-7. (6) Fiscal Year 1999 taken from Table 4-1; Fiscal Year 2000 taken from Table 4-2. Beyond Fiscal Year 2000 annual amounts equal the average values for Fisca Yearn 1999 and 2000, increased by 3.0 · annually for inflation. (7) Equals Net Revenues After Debt Servme tess Transfers to Renewal Replacement & improvement Fund less Minor Capital Outlays. (8) Equa s Cumu afire Sure us/(Deficit) from pnor year plus Net Revenues Ava lable for Other Purposes n current year. (9) Equals negative values of Nat Revenues Available for Other Purposes dNided by Total Charges for Services in corresponding year. Rate_Study.xls Section 5 DRAFT TABLE 5-9 CITY OF BOYNTON BEACH FLORIDA STORMWATER, WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECTION OF WASTEWATER SYSTEM REVENUES EXPENDITURES AND CASH FLOWS AT PREVAILING RATES Fiscal Year Actual Budge[an Proiected Item 1999 2000 2001 2002 2003 2004 Revenues: ¢1) Total Charges for Services Interest Earnings MisceJlaneous Revenue~ Operating Transfem in from Sanitation Total Revenues Total Current (Operating) Expenses (2) Net Revenues Annual Principal & Interest: Existing (3) Add~tienal (4) Total Annual Prinmpal & Interest Net Revenues After Debt Service Transfers to Ran. Repl. & Improvement Fund ',5) Minor Capital Outlays (6) Net Revenues Available for Other Purposes (7) Cumulative Surpius/(Deflcit) (8) Annual % Adjustment to Eliminate Deficit [9) $10,481,670 $10,991,911 $11,218,000 $11,448,000 $11.683.000 $11.923.000 778,612 456,000 926.000 905.000 890.000 835.000 60,418 ~.450 6,000 6.000 6.0OO 6.000 33.703 33,703 34.000 34.000 34.000 34.000 $11.354.403 $11.488.064 $12,184,000 $12.393.000 $12.613.000 $12.798,000 $5.713.697 $7.639.768 $7,885.000 $8,139.440 $8.400,363 $8.670.814 $4.640.796 $3,848,296 $4,299,000 $4.253.560 $4,212,$87 $4,127.186 $605,418 $605,418 $1,074,288 $1,072.013 $t.074.153 $1,169,146 0 0 0 0 0 0 $605.418 $605.418 $1.074.286 $1,072.013 $1.074.1S3 $1.169.146 $4,O35,379 $3,242,879 $3.224.714 $3,181.547 $3.138~484 $2,958,040 834.644 681.264 689,284 731,040 743,580 756.780 337.687 299,786 328,000 338,000 3,48,000 358.000 $2,$83,D47 $2.261.828 $2.207.430 $2,112,507 $2,046.904 $1.843.260 $2.863.047 $5,124.876 $7.332.306 $9.444.813 $11,491.717 $13.334,977 N/A N/A N/A N/A N/A N/A (1', Taken from Table 5-6. (2} Taken from Table 4-5. (3] Taken fromTable 4-6. (41 No additional debt assur~ed to be issued for this case. (51 Taken from Table 4-6. (SI Fiscal Year 1999 taken from Table 4-1: Fiscal Year 2000 taken from Table 4-2. Beyond Fiscal Year 2000. annual amounts equal the average values for Fiscal Years 1999 and 2000~ increased by 3.0% annually for inflation (7) Equals Net Revenues After Debt Service less Transfers to Renewal, Replacement & Improvement Fund less Minor Capital OuEays. (8) Equals Cumulative Sur~lus/(Deficit~ from prior year plus Net Revenues Availeble for Other Purooses in current year. (9) Equals negative values of Net Revenues Available for Other Purposes divided by Total Charges for Services in corresponding year. Rate_Study.xls Section 5 3/2/0a 10:61 AM DRAFT TABLE 5-10 CITY Of BOYNTON BEACH. =LOR1DA STORMWATER WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECT]ON Of COMBINED SYSTEM REVENUES. EXP~:NDITURES AND CASH :LOWS AT PREVAILING RATES [1) Fiscal Year Actual Budgete~ ~ralected Item 1999 2000 2001 2002 2003 2004 Total Charges for Services 321,482,980 $22.131.541 $22.581,000 $23,039,000 $23.506,000 $23,983,000 nterest Earnings 1,639,183 960.000 ' 949,000 1,905.000 1,874,000 1,758,000 Miscellaneous Revenues 120.836 12,900 12,000 12.000 12,000 12,000 Operating Transfers in from Sanitation 67 406 67.406 68~000 68.000 68.000 68.000 Total Revenues $~3.310,405 $23,171,847 $24.610.000 $25.024,000 $25.460,000 $25.821.000 Total Current (Operating) Expenses $16.288.991 $17.4B9.394 $18.118.000 $18.907.440 $19,679,363 $20.478.814 ~let Revenues $7,021,414 $5.712,453 $6.492.000 $6.116,560 $5.780.637 $5,342,186 Annual Principal & Interest: Existing $2.614.161 $2,614,161 $3,829,161 $3.823.271 $3.828.816 $4,074,976 Additional 0 360.000 845.143 839.863 829.427 734.103 Total Annual Principal & interest $2.614.161 $2.974.161 $4.674.304 $4.663.134 $4.658.243 $4.809.079 Debt Service Coveraae on All Debt: (2) 2.69 1.92 1.39 1.31 1.24 1.11 Net Revenues After Debt Service $4.407.253 $3.098.292 $2,662.839 $2,293.289 $1.951.821 $1,267,210 Transfers to Ren. Repl. & Improvement Fund 1.182.500 1,356,433 1.349.252 1.432.200 1.456.800 1,482,660 Minor Capital Outlays 782.484 751.184 789.600 813.000 837.000 861.000 Net Revenues Available for Other Purposes $2,442.269 $990,675 $524,587 $48.089 ($341,979) ($1,076,450) Cumulative Surplus/f Oeficit'~ $2,442,269 $3,432,944 $3,957,E31 $4.005.620 $3,663.64~ $2,587,191 (1) Unless otherwise indicated, each line is the sum of respective lines from Tables E-7, 5-8 and 5-9 (2) Equals Net Revenues divided by Total Annual Principal & Interest. Rate_Study.xls Section 5 3/2J00:10:52 AM TABLE 6-1 ~ CITY OF BOYNTON BEACH, FLORIDA STORMWATER, WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECTION OF STORMWATER SYSTEM REVENUES EXPENDITURES AND CASH FLOWS WITH RATE ADJUSTMENT 5/1/00 Fiscal Year Actual Adjusted Proiected Item 1999 2000 2001 2002 2003 2004 Total Charges for Services (2) nterest Earnings Oaerating Transfers in from Sanitation Total Revenues Tetal Current (OperatingI Expenses (3) Annual Principal & Interest: Existing Total Principal & Interest (4) Series 5000 Rev. Bond Prin. & Interest (5) Total Annual Principal & interest Debt Service Coveraoe: Net Revenues After Debt Service Transfers to Ren. Repl. & Improvement Fund (7) Minor Capital Outlays (8) ~et Revenues Available for Other Purposes (9) Cumulative Surplus/(Deflcit) (10) $587.527 $1,606.965 $3,045,000 $3.075.000 $3,105,000 $3,135,000 81.959 48,000 97,000 95.000 94,000 88.000 0 0 0 0 0 0 33.703 33,703 34.000 34.000 34.000 34.000 $703.189 $1,$88~668 $3,176,000 $3.204.000 $3,233,000 $3.257.000 $1.325.000 $1.567.000 $1.775.000 $1.991.000 $944,758 $1,194.715 ($241 ,B98) $49~.953 $1,851,000 $1,637.000 $1.458.000 $1.266,000 $440.861 $440.861 $886,037 $883,879 $885.910 $976 104 O 360,000 845.143 839.863 829.427 734,103 $440.861 $800.861 $1,731,180 $1.723,742 $1.715.337 $1.710.207 (05-48) 0.617 1.069 0.950 0.850 0.740 ($682,459) ($306,908) $119.820 ($86,742) ($257,337) ($444.207) 0 0 0 0 0 0 107.109 151.612 133.000 137.000 141.0OO 145.000 ($789,558) ($458,520) ($13,180) ($223,742) ($398,337) ($589,207) ($789,568) ($1,248,088) ($1,261,268) ($1,485,010) ($1,883,347) ($2,472,554) (1) Taken from Table 5-7, except where otherwise noted (2) Assumes an adjustment from $1.00 per month ~er ERU to $5.00 per month par ERU. effective 5/1/00. (3) Taken from Table 4-3. (4) Taken from Table 4-6. (5) Estimated by underwriters to maximize debt capacity with proposed adjustment. (6) Equals Net Revenues divided by Total Annual Principal & Interest. (7) All stormwater system expenditures are budgeted and projected as either current expenses or cap~aI expend[tares (8) Fiscal Year 1999 taken fram Table 4-1: Fiscal year 2000 taken from Table 4-2. Beyond, Fiscal Year 2000. annual amounts eoual the average values for F~scal Years 1 999 and 2000, increased by 3.0% annually for inflation. (9) Equals Net Revenues After Debt Service less Transfers to Renewal. Replacement & [morovement Fund less Minor Capital Outlays. (10) Equals Cumulative Surplas/(Deficitl from prior year plus Net Revenues Available for Other Purposes in current year. Rate_Study.xls Section 6 3/2/00:10:52 AM -- DRAFT TABLE 6-1 CITYOF BOYNTON BEACh, FLORIDA STORMWATER, WATER AND WASTEWATER ENTERPRISE FUND RATE STUDy PROJECTION OF STORMWATER SYSTEM REVENUES' EXPENDITURES ANO CASH FLOWS WITH RATE ADJUSTMENTS ~///~"~'~. =iscal Year Actual Adjus~e~ Projected Monthlv ~ $6.00 $6.00 $6.00 $6.00 $6.00 Revenues: (1) Total Charges for Se~ces (2) Interest Earnings Miscellaneous Revenues Operating Transfers in from Sanitation Total Revenues Total Current (Operating) Expenses (3) Net Revenues Annual Pdnc~Dat & Interest: Existing Total Principal & Interest (4) Sedes 2000 Rev. Bond Prin. & interest Total Annual Principal & interest Debt Service Coveraoe: (5} Net Revenues After Debt Service Transfers to Ran. Rapt. & Improvement Fund (7) Minor Capital Outlays (8) Net Revenues Available for Other Purposes (9) Cumulative Sumlus/(Deflcit) (t0) $587,527 $1.858.054 $3,6B4,000 $3,690.000 $3.726.000 $3,762.000 81.959 48.000 97,000 95.000 94,00(;. 88,000 0 0 0 0 0 0 33.703 33.703 34.000 34.000 34.000 34.000 $703.189 $1,939.756 $3,785,000 $3,819,900 $3.854.000 $3,884,000 $944.788 $1.194.715 $1.325.000 $1.567.000 $1.77B.000 $1 .$91.000 ($241,598) $745.042 $2,460,000 $2,252.000 $2.079.000 $1.893,000 $440.861 $440,861 $886,037 $883.879 $885,910 $976_104 0 360.000 845.143 839.863 829.427 734.103 $440.861 $800.861 $1.731,180 $1.723,742 $1,715,337 $1.710.207 (0.548) 0.930 1.421 1.305 1.212 1.107 ($682,459) ($55,819) $728,820 $528,258 $363.$93 $182.793 0 0 0 0 0 0 107.109 151.612 133.000 137.000 141.000 145.000 ($789,568) ($207,431) $595,820 $391,258 $222.663 $37.793 ($789,568) ($997,000) ($401,179) ($9,921) $212.741 $250.535 (1) Taken from Table 5-7. except where otherwise noted. (2) Assumes an adjustment from $1.00 per month per ERU to $6.(X) per month per ERU, effective 5/1100. (3) Taken from Table 4-3. (4) Taken from Table 4-6. (5) Estimated by underwriters to maximize debt capacity with proposed adjustment. (6) Equals Net Revenues divided by Total Annual Principal & Interest. (7) All starmwater system expenditures are budgeted ami projected as either current expenses or capital expenditures. (8) Fiscal Year 1999 taken from Table 4-1: Fiscal Year 20(30 taken from Table 4-2. Beyond F~scai Year 20~, annual amounts equal the average values for Fiscal Years 1599 and 2000. increased by 3.0% annually for inflation. (9) Equals Net Revenues After Debt Service less Transfers to Renewal. Replacement & Improvement Fund less Minor Capital Outlays. (10) Equals C~mulative Surplus/(Deficit) from prior year plus Net Revenues Available for Other Purposes in current year. Rate_Study.xls Section 6 3/2/00-10:59 AM DRAFT TABLE 6-2 CITY OF BOYNTON BEACH. FLORIDA STORMWATER, WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECTION OF COMBINED SYSTEM REVENUES. EXPENDITURES AND CASH FLOWS WITH STORMWATER ADJUSTMENT 5/1/00 (1) F~scal Year Actual Adjusted Projectea Item 1999 2000 2001 2002 2003 2C~4 Total Charges for Sen~ces Interest EanYmgs Miscellaneous Revenues Operating Tyansfers in from SanJta[len Total Revenues Total Currant (Operating) Expenses Net Revenues Annual Principal & Interest: Ex~sflng Totat Principal & Interest 9edos 2000 Rev. Bond Prin. & Interest Total Annual PdnciDal & interest Debt Servfce Coveraae: (2~ Net Revenues Atter Debt Se~ce Transfers to Ren. Rel31. & Improvement Fund Minor Capital Outlays Ne{ Revenues Available for Other Purposes Cumulative Surplus/(Deficit) $21,482.980 $23.386,983 $25,626.000 $26.114,000 $26.611.000 $27.118.000 1.639.183 960,000 1,949.O00 1.905.000 1,874,000 1,758,000 120.836 12.900 12.000 12,000 12.000 12.000 67,406 67,406 68.000 68.000 68,000 68,000 $23.310,405 $24.;427.288 $27:655,000 $28.099,000 $28,565,000 $28,956,000 $16.288.991 $17,459,394 $18~118,000 $18.907.440 $19.679.363 $20,478,814 $7.021.414 $6,967,894 $9.537,000 $9,191,560 $8,885,637 $8.477.186 $2,614,161 $2,614.161 $3;829,161 $3,823,271 $3,828,816 $4,074,976 0 360.000 845.143 839.863 829,427 734.103 $2,614,161 ~$2.974,161 $4~674,304 $4,663.134 $4.658.243 $4,809,079 2.69 2.34 2.04 1.97 1.91 1.76 $4,407,253 $3;993.733 $4.662,696 $4,528,426 $4,227,394 $3,668,107 1,182,500 1,3~6.433 1,349.252 1.432.200 1,456,800 1.482.660 7,82,484 751.184 789.000 813.000 837.000 861.000 $1.324.447 $2,442,269 $4.328,386 $7.052.830 $9,336,056 $1't,269,660 $12,594,097 (1) Unless otherwise indicated, each line is the sum of reseecfive lines from Tables 5-8. 5-9. and 6-1. (2) Equals Net Revenues divided by Total Annual Princinal & Interest. Rate_Study.xls Section B 3/2/00:11:02 AM DRAFT Stormwater, ~at~ and W~stewater Rate Study Completion of N~alReport ~d Co~d~on ~ Addi~on~ February. 25, 2000 Mr. John Guidry, Utili~ Director City of Boynton Beach 5t69 W. l~oyrtton Beach Boulevard Boynton Beach, Flarida 38437 Sul~ec~ Dear Mr. Guidry: Mrs. Conboy'sletter of February 24, 2000 to us s? forth the salient points of your internal staff meetin~ on ~ date with respect to tlie captic~ned study, The key substemive issues raised in your internal meeting concern the stormwatez system and the prospective additional debt to be issued to finance the improvements to that system. This letter is intended to provide you with our perspective as to these/mportant issues. As correctly noted in Mrs. Conboy's letter, there is a s~dh'cant reduction in the amount of Additional Annual Principal and Interest in several of the tables with respect to the storrnwater system. The reason for this reduction is that, as a~reed in our February 1, 2000 meeting, increased operating expenses will be associated with an additional crew for stormwater maintenance. Such an increase in operating expenses reduces the amount of nar revenues available for both existing and futuze debt service, in effect reducin§ the stand-alone debt capacity of the stormwater sys~arn. This reduction in debt capacity will be further exacerbat,ed by increasing stormwater system operatin§ expenses for s~,ale maintenance beginmng in Fiscal Year 2002. On a stand-alone bas~s, which requires a minimum debt service coverage factor of 110 pexent, the debt capacity of the stormwater system wi~ now be welt below the minimum tarl~et level of $1§ million additional principal amount of revenue bonds. Based on cost of service consideralione~ a monthly stormwater user charge well above thcS,5.00 pe~' ecluivalent residential unit (ERU) level could be justified. However, assuming thislevet to be the maximum acceptable from a local policy positior~ it would be unlikely the stormwater system could meet the capital improvement needs without using the av~;]~.ble net revenues o£ the combined systems. Closely related to the above discussion is the comment in 1Vn~. Conbolfs letter concerning the un~vailabit/ty of iiran~al advisors/underwriters to assist with the est/marion of additional debt cap-~city of the utility ~tem. lift-rile CDM could esiimate the additional debt cal~acity employ!r~ a "layennff' of debt semce, the most.e~onomically efficient maximum leverage approach is to use the "Wrap" technique. This more sophisticated and Page 2 beneficial approach to debt issuance involvas computations anti knowIedge that fall within the expertise of financial advisors/underwriters. By CDM attempting to eatimate additional debt capacity without the benefit ot finandal advisory expertise, we believe we could reach conclusions that may not best s~rve the ~. Accordingly, we would like t~ suggest, that ~ completion of the rate stt<I~r await th~ involvem~nt of financial professm~al~ for de~ issuance so that doYe~ili~g of ~ closely interrelated financial analyses can be 'accompli~-d. At ~fs time, OUr key recommendat/on of the ra~ s~ is~t ~ money storm~at,r f~. l?em p~u~p~ ~u~re, adop~ of a ~o-p~ sto~wam ~.~-~ ca~ge is r~o~ded. ~ ~, ad0pffon ~ ~ ~ m~ adj~en~sed on ~e ~ ~d go~ Ail ~~ ram study, ~ of ~g ~e Please contact us ~dth any questions or comment~. We appreciate the opportunity of erring the City on this ~.mportant: project. Very m.rty yours, CAM1a D~ & McKEE INC. Daniel T. Andarson, P,E'., Dt~E The City of Boynton Beach Ual~ies Department 5469 ~. Boynton Beach Blv'~ Boynton Beach, FlorMa $3457 Phone (561) 742-6452 FAX: (561 731-0065 OFFICE OF THE DIRECTOR OF UTILITIES Facsimile Febmary24,2000 Dan Anderson Camp, Dresser & McKee, Inc. 1601 Belvedere Road, Suite 211, South West Palm Beach, FL 33406 Dear Dan: After our meeting yesterday, we came up with the following notes to be taken into consideration. If you need any clarification, please feel free to call me at 742-6406. Please add thefollowingamoun~for Stormwa~r Operating Expenses starthag: 2002 100,000 ,11 e c.,d f 37o. 2003 200,000 2004 300,000 This is for swale maintenance as estimated in the Swale Study and should max out at $334,000-$392,000 after all swales are completed. On page 2, paragraph 1, the Series 2000 Bond Issue number will have to be an educated estimated at this time. Further talks with the financial advisors/underwriters will not occur until after the Rate Study is finalized and hopefully adopted, proble., Io,¥ -d Table 4-13, the City's Share of Waste WTP Biosolids Project (0% ExpanMon) make sure it is changed to 0% and move the whole line below Other Projects. As we see it, it is a 2000 Bond issue project not a 1996 project. We have a question regarding the Tables 5-7, 5-10, 6-1, 6-2, the Annual Principal & Interest. Why is there a big difference on the Additional li~e between the Revised Draft Report and the latest set of tables. ~a~0..,.~ Febmary 24, 2000 Dan Anderson Page 2 On page 3, under Table A, Mr. Sugerman is spelled as such. Table A was not clearly understood, please delete Table A and Dale has asked that language be drafted that reflects an escalator clause versus a table..Dale would like a formula developed that can be incorporated into the Ordinance. Something tO the effect - "annual rote adjustment based upon.....". Discussion included tying it to actual expenditures(after the audit report), in essence the adjustment would be a year behind. Other discussion included tying it to the CPI index: Dale's main suggestion is to incorporate an automatic adjustment that will occur on a specific date tied to a formula that is easy to follow. Table B - show as a bar graph instead and include operating expenses/revenues only. The graph should portray the short fall in stormwater revenues prior to the project rate adjustment and then meting expenses after the adjustment. Table C - delete. Again, if you have any questions, please do not hesitate to call. Sine ely,,~ Barb Conb2~ Utility Depatuaent City of Boynton Beach Cc: John Guidry Pete Mazzella Bob Kenyon Mark Law Camp Dresser & McKee Inc. Memorandum From: Date: Subject: Mrs. Barb Conboy - City of Boynton Beach, FL /"-'1 Dan Anderson - CDM/West Palm Beach ~v February 11, 2000 Stormwater, Water and Wastewater Rate Study Transmittal of Revised Tables Dear Barb: Enclosed please find the tables for the captioned study that have been revised to incorporate the comments City staff provided in our meeting of February 1, 2000. Tables not enclosed herewith will remain the same as presented in our January 22, 2000 Revised Draft Report. The changes made to each of the enclosed tables are described below. Table 4-3 Under Stormwater Maintenance. Personnel & Related Costs have been increased by $84,000 in FY 2001, and by an additional $84,000 in FY 2002 to account for the addition of a crew at the beginning of April 2001. Operating Expenses have been increased by $7,500 in FY 2001, and by an additional 57,500 in FY 2002 to account for additional equipment operating expenses associated with the new equipment for the additional crew. Both cost line items are escalated at three percent beyond FY 2000. Tables 4-7 and 4-8 These two tables are changed to reflect slightly reduced values of Transfer from Operations as a result of reduced interest earnings described subsequently. ' Table 4-9 This table has been modified to include Additional Equipment for New Stormwater Maintenance Crew of $315,000 in FY 200!. To avoid additional upward pressure in stormwater rates, the assumption is made that this cost is funded from the Utility General Account. Also. no annual allowance for future replacement of this equipment is provided tn the analysts, assuming that providing for replacement would commence after the rate study, period. Mrs. Barb Conboy - City of Boynton Beach. FL February 11, 2000 Page 2 Please note that the amounts of funding from the Series 1996 Construcfion Fund and the Series 2000 Bonds Construction Fund in Table 4-9 will have to change. The additional debt service associated with the Series 2000 Revenue Bonds shown in Table 6-1 has been computed to yield a 1.100 debt service coverage factor. Mr. Guidry indicated that you would work with the financial advisors/finderwriters to determine the maximum debt that could be issued to fund the stormwater system capital improvement program. Once we have obtained that information, we will use it to replace the $13,160,700 Series 2000 Bonds Constructaon Fund in Table 4-9, and adjust the required amount from the Series 1996 Construction Fund, tt appears that we may not be able to issue a minimum of $15 million pnnc~pal amount of additional bonds, based on the additionai debt service capacity determined in Table 6-1. If not, is Mr. Guidry willing to issue a smaller amount, or do we consider some other alternative? Table 4-13 This table has been modified to include Mr. Guidry's estimate of additional costs for the wastewater treatment plant, hn aggregate, these costs are: FY '01, $125,100; FY '02, $958,300; FY '03, $958,000; and, FY '04, $958,000. We have split these costs 75% to the Biosolids Project, and 25% to the Chlorine Study. Please note that to fund these costs, we are showing additional transfers from the Utility General Account in Fiscal Years '02 through '04. Table 5-3 This table has been updated to reflect the increased draws from the Utility General Account. As can be seen. the projected ending balance of this account at the end of the rate study period is $13.1 million. Interest earmngs allocable to all three systems are projected to decrease as a result. Tables 54 through 5-6 These tables project revenues at prevailing rates and have been updated to reflect the lesser interest earnings from Table 5-3. Table 5-7 This table reflects the lesser interest earmngs and the reduced annual debt service. As can be seen, a required adjustment in Fiscal Years 2001 through 2004 consistent with the $1.00 to $5.00 per month per ERU rate is computed in the last line of the table. Tables 5-8 through 5-10 These tables reflect changes resulting from the differences in interest earnings. Mrs. Barb Conboy - City of Boynton Beach, FL February 11.2000 Page 3 Table 6-1 This table reflects previous changes, and shows the substantially reduced annual principal and interest capacity available for the Series 2000 Revenue Bonds. The additional debt service is computed such that overall Debt Service Coverage beginning in Fiscal Year 2001 is 1.100. Table 6-2 This table incorporates the changes in the previous table. Table 6-3 This table has been modified to add West Palm Beach and Palm Beach County, and to delete Boca Raton. Table A Mr. Sugarman requested that we develop an annual escalator to be applied to the rates. This table shows that current expenses comprise varying percentages of total revenue requirements for the three svstems. The "use" line indicates the percentages we propose be multiplied by the Consumer Price Index All Urban Consumers (CPI-U) US City Average. Tables B and C Mr. Sugarman requested that we draft a chart to show a summary of the funding plan developed in the rate study. Accordingly, we have drafted two such charts. Table B presents a summary of the five-year stormwater funding plan. Table C presents a summary of the combined systems funding plan for Fiscal Years 2000 through 2004. Please ask Mr. Sugarman to review these charts and provide us with his comments. Summary After you have rewewed this information, please contact me at your earliest convenience to discuss your questions and comments. As always, many thanks for your help. Regards. Dan. Enclosures DRAFT Cost Center TABLE 4-3 CiTY OF BOYNTON BEACH FLORIDA STORMWATER. WATER AND WASTEWATER RATE STUDY PROJECTION OF STORMWATER SYSTEM CURRENT EXPENSES Fiscal Year Actual BUSgere~ Projected 1999 (1) 2000 (2) 2001 2002 2003 2004 Utility Construction: Personnel & Related Costs (3) $69.729 $88.266 $91,000 $94.000 $97.000 $100.9O0 Operating Expenses (3) 13.714 27.672 29.000 30.000 31.09O 32.000 Transfers (3) 2.447 1.691 2.000 2.000 2.000 2.000 Total Utility Construction $85:890 r$117.628 $122.090 $126,000 $19O.000 $134.800 Utility Administration: Personnet & Relatad Coats (3) $46.144 $57.675 $5g.000 $61.000 $63.000 $65 000 Operating Expenses (3) I3.903 15.239 16.09O 16.000 16.000 16.000 Transfers (3) 1.674 860 1.000 1 9O0 1 000 1.000 Total Utility Administration $61 722 $73_775 $76,000 $78.000 $80'000 $82.000 General Administration: Personnel & Related Costs (3~ Operating Expenses (3) Transfers (3) Total General Administration Stormwater Maintenance: Personnel & Related Costs (3) (4) Ooerating Expenses f3~ Transfers (3) Total Stormwater Maintenance Customer Relations: Personnel& Related Costs Ooerat~ng Exoenses f3~ Transfers (3) Total Customer Relations Cashiennq: Personnel & Related Costs (3~ Operating Expenses (3) Transfers (3~ Total Cashiering Cit~ Hall atthe Mall' Personne, & Related Costs (3) Operating Expenses (3) Transfers (3) Total City Hall at the Mall Grand Total Current Expenses $0 $542 $1.000 $1 000 $1.000 $1.000 1.436 1.496 2.000 2.000 2.000 2.000 280.587 269.656 278,000 286_000 295,000 304 000 $282.023 $271.695 $281:.000 $289.000 $298.000 $307.000 $214.266 $235.737 $329,000 $428,000 $441.000 $454 DO0 94.414 195.671 209,000 223.000 230.000 237.000 5.806 3,901 4.000 4.000 ,~ 000 4 0o0 $314.485 $435.309 $542.000 $655.000 $675.ooo $695.000 $89.742 $113.125 $117,o00 $121.000 $125000 $129000 51.545 129349 133_000 137.000 141 .ooo 145.000 1.532 180 0 0 0 0 $142.819 $242.654 $250.000 $258.000 $266.000 $274.000 $45,524 $40.113 $41.000 $42.000 $43.000 $44.000 2.388 1.168 1.000 1,000 1,000 1.000 85 34 0 0 0 0 $47.998 $41.314 $42,000 $43.000 $44 000 $45000 $8.408 $9.069 $9.000 $9.000 $9.000 $9,000 1.413 3.239 3.000 3.9O0 3.000 3.000 30 33 0 0 0 0 $9.851 $12.340 $12.000 $12 300 $12.000 $12.000 $944.788 $1.194.715 $1.325.000 $1.461.000 $1,505.000 $I .549000 * Foe[notes on following page. Rate_S~udy.xls :~ Section 4 2/10/00'10:33 AM DRAFT --ootnotes to Table 4-3: (1) Taken from Table 4-' ~'2~ Taken from Table 4-2. (3) Consieeree a fixed cost inflated beyond Fiscal Year 2000 at an annual 'ate off 3.00% (4) Beginning in April 2001 includes $168.000 for additional stormwater crew and reciassificafion of cresem Das~t~ons. (5) Beginning in April 2001, includes $15 000 for additional operating cos[s associated w~th eaulpment used by additional stormwa~er crew. Rate_Study:xls Section 4 2/10/00 10:35 AM DRAFT TABLE 4-7 CITY OF BOYNTON BEACH_ FLORIDA STORMWATER WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY WATER SYSTEM RENEWAL & REPLACEMENT PROGRAM Fiscal Year item 1999 2000 2001 2002 2003 2004 Sources of Funds: RR&I Account Beginning Balance (1) Transfer from Operations (2) interest Earnings (3) Total Sources of Funds $3.600.000 $2.992.116 $2.652,385 $1.985.333 $1.372.733 $828,293 347.856 675.169 659.968 701,160 713220 725 880 0 0 0 O O 0 $3.947.856 $3,667,285 $3,312,353 $2~686,493 $2 085,953 $1.554.173 Use~ of Funds: (4) Replace Membrane Elements - West WTP Telemetry Pumps & Adustable Speed Drives - West WTP Well Rehab. Program (4 wells/yearl Sludge Pump Repl. Program (E.WTP, 2/year) Slaker Replacement (E.WTP) Electric Valve Actuator Replacement rlign Service Pump Replacemenl Replace Computer Equipment Scrubber and Chemical Pump Replacement Water Main Replacement Water Meter Replacement Recoating Aerial Crossings Replace Computer Equipment Subtotal Allowance for Contingencies (2% of SubtotaU Total Uses of Funds EndinFI Balance: (5) $100.000 $52,000 $106.000 $109 O00 $113 000 $116,000 5.000 0 0 0 0 0 50.000 0 80.000 0 0 0 70,000 82.000 85.000 93.000 96.000 99000 4.000 6.000 5.000 5.000 6.000 6.000 0 0 64.000 0 0 0 15.000 0 0 O 0 0 40.00C 46.000 53.000 44.000 45.000 46.000 103.000 31,000 11,000 11 0O0 11 000 12.000 40.000 0 11.000 11 000 23.000 23_000 200.000 412.000 424.000 437.000 450.000 464.000 300.000 309.000 424.000 437 000 45C 000 464.000 0 26,000 27.000 27,000 28.000 29.000 5,000 31.000 11,D00 11~000 11,000 12.000 $937.000 $995.000 $1,301.000 $1,288,000 $1.233.000 $1.271.000 18~740 19,9~O 26,020 25,760 24,660 25.420 $95~0 . $] ,01~1900: $~ ;327,O20 $1.313,760 $1,257.660 $1.296,420 $2.992.116 $2.652.385 $1.985,333 $1,372,733 $828.293 $257,753 (1) For Fiscat Year1999, equals porhon of l OI1198 balance allocated to warer system. Thereafter, equals Ending Balance from prioryear (2) For Fiscal Year 1999. equals podion of amounl recommended by City's consulting engineer of $1,182 500 Thereafter, equals Total Revenues fram preceding year from Table 5-5 multiplied by 6.0% (31 Included ir interest earnings m Table (4] Fis~cal Year 1999 taken from City's "Budget Year 1998-99. Utilities Renewal & Replacement - Water' Future years taken from "Proposal and Funding Plan, Aug(Jst 1999." Table 6. and escalated by3% annua y beyond their 1999 levels as esumatec by the City ~5) Equals Total Sources of Funds less Total Uses of Funds. Rate_Study.x~s Section 4 2/10/00 11:14 AM DRAFT TABLE 4-8 CitY Of BOYNTON BEACH, FLORIDA STORMWATER WATERAND WASTEWATER ENTERPRISE FUND RATE STUDY WASTEWATER SYSTEM RENEWAL & REPLACEMENT PROGRAM Fiscal Yea[ Item 1999 2000 2001 2002 2003 2004 Sources of Funds: RR&I Account Beginning Balance (1) Transfer from Operations [2) Interest Earnings (3) Total Sources of Funds $463,261 $1,048,005 $1,354,929 $1,383,253 $1.405.393 $1.419.673 834,644 681,264 689.284 731,D40 743.580 756,780 0 0 0 0 0 0 $1~297,~05 $1~729,269 $2,044,213 $2,114,293 $2,148,973 $2.176.453 Uses of Funds: (4) Insituform Sewer Main Repair Sewer Main and Manhole Renewal/Replacement Purchase 28 Replacement Pumos Each Year Replace Computer Equipment Convert Dry Pit Pumping Stations to Submersible Recoating Aerial Crossings Subtotal Allowance for Contingencies (2% of Subtotal) Total Uses of Funds $90,000 $155,000 $212,D00 $219,000 $225,000 $232.000 50,000 52,000 106,000 137,000 141,000 145.000 100.000 103,000 159.000 16~000 169,000 174,000 5,000 31.000 11,000 11,000 11,000 12,000 0 0 133.000 137,000 141,000 145.000 0 26.000 27.000 27.000 28.000 29.000 $245.000 $367,000 $648,000 $695,000 $715.000 $737,000 4,900 7,340 12,960 13,900 14.300 14.740 $249.900 $374.340 $660.960 $708.900 $729300 $751 740 EndinR Balance: (5) $1,048,005 $1,354,929 $1.383,253 $1.405.393 $1 419 673 $1,424,713 (1) Fqr Fisc~! Year 1999, equals portion of 10/1/98 balance allocated to waste~ater system, Thereafter, equals Ending E~alance from prior year. (2)"For F ~cal Year 199G equals balance of total amount recommended by City s consulting engineer of $1,182,500. Thereafter, equals 6.0% of Total Revenues from preceding year from Table 5-6. (3) Included in interest earnings in Table 5-6. (4) Eis~_al Year 1999 taken from City's "Budget Year 1998-99, Utilities Renewal & Replacement - Wastewater". Future years taken from "Proposal and Funding Plan, August 1999," Table 7, and escalated by 3% annually beyond their 1999 levels as estimated by the City. (5) Equals Total Sources of Funds less Total Uses of Funds. Rate_Study.xls Section 4 2/10/00:11:14 AM DRAFT TABLE 4-9 CITY OF BOYNTON BEACh. FLORIDA STORMWATER. WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY STORMWATER SYSTEM CAPITAL IMPROVEMENT PROGRAiV FiscalYeal te~ 1999 2000 2001 2002 2003 2004 Sources of Funds: Balances App~le(l: Series 1996 Construction Fund Utility General Account Total Beginning Balance (1) Series 2000 Bonds Construction Fund (2) Net Revenues from Operations (3J Fee-In-Lieu-Of Capital Charge Receipts (4) nterest Earnings (5) Total So[Irces of Funds Uses of Funds. Series 1996 Bond Projects: (6) Phase 1 Downtown improvements SW 4Ih Ave. to BB Blvd., ~-95 to Seacrest [ntracoastai Outfalls to be Replaced/ Relined & Oil/Grit Separa[or Swale Development French Drain Const. - Exflltration Trenct' Total Series 1996 Bond Projects Other Projects Indusmal AveJLake Boynton Estates Dr. Swale Redevelopment City-Wide Costa Bolla Downtown Stormwatar- Phases 2 & 3 Total Other ProJec[s Additional Equipment for New Stormwater Maint. Crew Total Uses of Funds EndJna Balance: ~,....-,...~0 0~ 315,000 0 0 0 ~ $.~-J.*.3J;~LLJ. $17.694.296 $9.934.546 $6,475,650 $3.186.259 0 ~.13,160~00'~ 0 0 0 0 0 ~ 0 0 0 0 0 100.000 100.000 100.000 100.000 100.000 539,296 630,945 007,750 361.105 212,609 70,639 $13,743,~51 $2S,195,296 ~18~392,046 $1Q,395,650 $6,588.259 $3,356,899 $2.180.000 $3,465.000 $1 732.500 $0 $0 $0 t20.O00 120.000 0 0 0 0 100.000 100.000 200.000 0 0 0 30.000 50.000 50.000 50 000 0 0 10,000 110.000 100.000 100~OOO 0 0 $2.440.000 $3.845.000 $2.082.500 $150.000 $0 $0 $0 $1.000.000 $2.000.000 $0 $0 $0 0 2.266.000 2,334,000 2,404.000 2.476.000 3.333.000 0 200,000 400,000 0 0 0 0 519,000 1,326~000 1.386.000 1.126.000 0 $0 $3,981,000 $6.060.000 $3,770,000 $3.602,000 $3.333.000 0 0 315 000 0 0 0 $2,440,000 $7,826,000 $8~457,500 $3,920.000 $3.602.000 $3.333.000 $11,303,651 517,369,296 $9,934.546 $6.475.650 $3.186.259 $23.899 (1) EqUalS sum of Balances Applied plus Ending Balance from pnor year. (2) Based on preliminary analysis Eom underwriters wdh a total issue size of $15.3 million (3) No transfer from operations anticlpamo (4) Annual receipts estimated by City staff. (5) Estimated at a rate of 4.5% on the average balance of funds. (6) Takenfrqm Ci[y's "Stormwater Projects Funded by 1996 Series Bond," Exhibit B, Page 3, Revised 3/17/99. Costs not esca ated 17) Based on City's "proposal and Funding Plan, August 1999," Table 3. Costs are escalated at an annual rate of 3% beyond their 1999 levels as esPmated by the City, (8) For purchase of following equipment for new stormwater crew. tanaem axle vac-con truck; large combination backhoe 10-yara oump truck', and utihty body pickup truck. Rate_Study.xls Section 4 2/10/0G 10:41 AM DRAFT Item TABLE 4-13 CITY OF BOYNTON BEACH FLORIDA STORMWATER WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY WASTEWATER SYSTEM CAPITAL IMPROVEMENT PROGRAM Fiscal Year 1999 2000' 2001 2002 2003 2004 Sources of Funds: Balances Applied: Series 1992 Bond Construction Fund Series 1996 Bond Construction Fund Utility General Account Total Beginning Balance (1) Net Revenues from Operations (2) Wastewater System Impact Fees (3) Interesl Earnings (4) Total Sources of Funas Uses of Funds: Series 1996 Bond ProJects: (5) City's Share of WWTP Biosolids Project (100% Expansion) Master Lift Station Rehab. 309, 316 319 ~0% Expansion) Convert Dry Pit L.S. to Submersible (0% Expansion) Total Series 1996 Bond ProjecTs Other Projects: (6) City's Share of Chlorine Study - VWVTP (0% Expansion) Total Other Projects Total Uses of Funds Ending Balance: (7) $42.121 $0 $O $0 1.400 000 0 O 0 0 0 O 900,0130 $1.442.121 $893.51 § $380.552 $1,06~i,377 0 O 0 0 0 O 0 0 51,395 28.036 ' 1,925 23 748 $1.493.516 $921,552 $3921477 $1.085.125 $0 $0 0 0 920.0g0 940.000 $937,825 $940.165 O 0 0 0 20 640 20.746 $958,465 $960.911 $0 $0 $93.825 $718,725 $718.725 $718.725 500.000 438.000 0 0 0 0 100.000 103.000 106 000 109,0g0 0 0 $600,000 $541.000 $199,825 $827,725 $718.725 $718.725 $0 $0 $31,275 $239,575 $239,575 $239.575 $0 $0 $31,275 $239,575 $239.575 $239.575 $231 ~00 $1 067 300 $958,300 $958.300 $600,000 ~541,0~0 $893 516 $380~552 $161.377 $17 825 $165 $21611 (1) Equals sum of Balances Applied plus Ending Balance from prior year. ~2) As~sumed to be $0 for this analysis. (3) Ir~pact fees ere shown as an avaiJable source of funding only to the extent that capacity expansion expenditures are projected. C~rr.e~)~, ~app[oximately :$1.7 million of ~'gs~a~ tff~' impact fees are on hanc~ Their application is restricted to capacity expansion related ~xl~e~lditClres. which in this table is only for design of wastew~ter treatment plant expansion, no costs for which are projected (4) Estimated as 4.5% of average annual balance of funds. (5) TakeP frem Ci[y's "Wastewater Projects Funded by 1996 Series Bond." Exhibit B. Page 2, Revised 3/17/99 Costs are escalated at 3.0% annually ~eyond their t 999 levels as estimated by the City Costs for biosolids projec[ estimated by City staff (6) Ba~ad on City's "Propos..aLand Fun~i~g Pla~,August 1999," Table 2. Does not Include costs prior to Fiscal Year 2000 Costs are escalatsd at an annual rate of 3% beyond their 1999 levels as estimated by the Cit~ Cost for chlorine study estimated by City staff. (7) Equals Total Sources of Fun~3s less Total Uses of Funds. Rate_Study.xls Section 4 2/10/00 1043 AM DRAFT TABLE 5-3 CITY OF BOYNTON BEACH, FLORIDA STQRMWATER. WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECTION OF INTEREST EARNINGS AT PREVAILING RATES Item Fiscal Year Actual ~-stimateo ProjecTed 1999 2000 2001 2002 2003 2004 Water & Sewer Revenue Fund: Average Annual Balance Annual interest Earnings (2) $9.654.066 $9,654,066 $9.654.066 $9,654,068 $9,654,066 $9.654.066 $434 433 $434.433 $434,000 $434.000 $434.000 $434.000 Utility General Account: Beginning Balance (3) Expenditures (4) Beginning Balance Jess Expenditures $17.497.411 $18.284.794 $19.025.810 $18,358,810 $18.264.810 $18.145,810 0 80.000 1.490.000 900.000 920.000 5,040.000 $17.497.411 $18,204.794 $17.535.810 $17.458.810 $17.344.810 $13.105.810 Average Annual Balance Annual Interest Earnings (2) $17.497.411 $18.244.794 $18.280.810 $17.908.810 $17.804.810 $15.625.810 $787.383 $821.016 $823.000 $806.000 $801 000 $703,000 AverageAnnua[ Balance Annual Interest Earnings (2) $1.104.538 $1.104.638 $1,104.638 $1.104.638 $1.104.638 $1.104.638 $49.709 $49.709 $50.000 $50.000 $50.000 $50.000 Bond Requirements: Sedes 1992 Debt Service Reserve; Average Annual Balance Aonual Interest Earnings (2) Sodas 1996 Debt Service Reserve: AverageAnnual Balance Annual Interest Earnings (2) Annua Debt Service: Average Annual Balance [8) Annual Interest Earnings (2) $3.600,000 $3.600.000 $3.600.000 $3.600.000 $3.600.000 $3.600.000 $162.000 $162.000 $162.000 $162.000 $162.000 $162.000 $1 939.180 $1.939.180 $1.939.180 $11939,180 $1.939.180 $1.939.180 $87.263 $87.263 $87.000 $87.000 $87.000 $87.000 $1.307.081 $1,307,081 $1.914.581 $1.911.638 $1.914.408 $2.037.488 $58.819 $58.819 $86.000 $86.000 $86.000 $92.000 Average AnnualEralance (9) $4,051.591 $4,023.717 $3.687,950 $3.073.356 $2.513.046 $1.965.218 Annual Interest Earnings (2) $182.326 $181 067 $166.000 $138.000 $113.000 $88.000 Retained Earninqs: Average Annual Balance (10) Annual Interest Earnings (2) $3.133.342 $3.133.342 $3.133.342 $3.133.342 $3.133.342 $3.133.342 $.141 000 $141.000 $141.000 $141 000 $141 000 $141 000 Annual Interest Earninqs: Total 11 $1.902.933 $1,935,307 $1.949.000 $1.904.000 $1.874.000 $1.757.000 Allocated to: Stormwater System (12) $95.147 $96.765 $97.000 $95.000 $94.000 $88.000 Wate~System (13) $903.893 $919.27' $926.000 $905.000 $890.000 $83.5.000 Wastewater System ¢13~ $903,893 $919.271 $926.000 $905 000 5890.000 $835 000 (1) Actual balance at 9t30/98 assumed to remain for duration of rate study period. 2~ Based on a rate of 4.5% applied to the average annual ua~ance. Beginning in Fiscal Year 2001 rounded to nearest $1.000. (3) Equals beginning oa~ance ~ess expenditures from 0nor year plus annual interest earnings from prior year. 14~ Eouals sum of annual expenditures from Tables 4-9 through 4-13. 5~ Actual balance al 9/30/98 assumed to remain ~or duratibn of rate study period. (0) Eoua[s amr~unt of bond proceeos appileo ~o me Series 1992 Bonds debt service reserve funo. t7~ Eouals amount of boric proceeos applied to the Series 1996 Bonds debt service reserve fund. (8~ Eoua~s one-half of the Total Annual Princioal & Interest from Table 19~ Eouals the sum of the average annual balances from Tables 4-7 and 4-8 (10'~ Ac[ual balance al 9/30/98 assumed to remain for duration of rate study period. Rate_Study.x~s Section 5 2/10/00 10:50 AM DRAFT TABLE 5-4 CITY Of BOYNTON BEACH FLORIDA STORMWATER, WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECTION OF STORMWATER SYSTEM REVENUES AT PREVAILING RATES Item SYSTEM GROWTH PROJECTIONS Fiscal Year Actual Buclgeted Projected 1999 2000 2001 2002 2003 2004 Annua~ Growth Rate: Percentage Annual Increase (1) 1.03% 1.03% 1.03% 1.03% REVENUE PROJECTIONS Charges for Services: Subdivision Ordinance Procedure (3) Stormwater Utility Fee (4) Total Charges for Services $0 $0 $0 $0 $0 $0 587.527 602.612 609.000 615,000 621,000 627.000 $587.527 $602612 $609.000 $615.000 $621,000 $627.000 Interest Earnings (5) 81.959 48900 97.000 95,000 94.000 88.000 Miscellaneous Revenues I3) 0 0 0 0 0 0 34.000 Operating Transfers i~ from Sanitation (3) 33,703 33.703 34,000 34,000 34.000 Total Revenues $703,189 $684.315 $740.000 $744,000 $749900 $749.000 (1) Taken from Table 2-1 (2) Calculated annual increase in Projected Population. (3) Projected to remain at budgeted Fiscal Year 2000 levels. (4) Projected to grow beyond budgeted Fiscal Year 2000 level at Percentage Annual Increase rate. (5) Taken from Table 5-3. Rate_Study.xls Section 5 2/10/00 10:55 AM DRAFT TABLE 5-5 CITY OF BOYNTON BEACH. FLORIDA STORMWATER, WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECTION OF WATER SYSTEM REVENUES AT PREVAILING RATES Item Fiscal Year Actual Budgeted Projected 1999 2000 2001 2002 2003 2004 SYSTEM GROWTH PROJECTIONS Annual Growth Rate: Projected Population (1) Percentage Annual Increase (2) 97,155 99.158 101.203 103,291 105,421 2.06% 2.06% 2.06% 2.06% REVENUE PROJECTIONS Charges for Services: Subdivision Ordinance Procedure (3) Water Sales (4) Water Connection Fee (4) Wate~ Service Charges (4) Total Charges for Services $15 492 $17 500 $18,000 $18 000 $18.000 $18.000 10.21C 806 10,249,518 10,461 000 10.677.000 10.897,000 11,122,000 113 684 120.000 122.000 125,000 128.000 131.000 73.800 150.000 153,000 156,000 159.000 162.000 $10.413 782 $10,537.018 $10,754.000 $10,976 000 $11,202,000 $11,433,000 Interest Earnings (5) 778,612 456 000 926,000 905,00Q 890.000 835,000 Miscellaneous Revenues (3) 60,418 6.450 6.000 6.000 6,000 6.000 Operating Transfers in from Sanitation (3) 0 0 0 0 0 0 $11.252.813 $10.999 468 $11.686.000 $11,887.000 $12.098.000 $12,274.000 Total Revenues (1) Taken from City's Consumptive Use Permit. (2) Calculated annual increase in Projected Populatio~ (3) Projected to remain at budgeted Fiscal Year 2000 levels. (4) Projected to grow beyond budgeted Fiscal Year 2000 level at Percentage Annual Increase rate. (5) Taken from Table Rate_Study.xls Section 5 2/10/00.10:56 AM DRAFT TABLE 5-6 CITY OF BOYNTON BEACH, FLORIDA STORMWATER ~NATER~AND WASTEWATEIR ENTERPRISE FUND RATE STUDY PROJECTION OF WASTEWATER SYSTEM REVENUES AT PREVAILING RATES Item Fiscal Year Actual Budgeted Projected 1999 2000 2001 2002 2003 2004 SYSTEM GROWTH PROJECTIONS Annual Growth Rate: Projected Population (1) Percentage Annual Increase (2) 97.155 99,158 101 203 103,291 105.421 2.06% 2.06% 2.06% 2.06% REVENUE PROJECTIONS Charges for Services: Subdivision Ordinance Procedure (3) Sewer Service Charges (4) Televise Sewer Lines Total Charges for Services $15,492 $17,500 $18,000 $18 000 $18.000 $18 000 10,434,542 10,931,911 11,157,000 11,387,000 11,622,000 11,862.000 31.636 42,500 43.000 43,000 43,000 43.000 $10,461,670 $10,991,911 $11,218,000 $11,448,000 $11,683,000 $11,923,000 Interest Earnings (5) 778,612 456,000 926,000 905,000 890,000 835,000 Miscellaneous Revenues (3) 60,418 6,450 6,000 6.000 6,000 6,000 Operating Transfers in from Sanitation (3) 33.703 33,703 34,000 34.000 34,000 34,000 Total Revenues $11,354,403 $11.488.064 $12,184,000 $12,393,000 $12.613.000 $12.798.000 (1) Taken from City's Consumptive Use Permit. (2) Calculated annual ~ncrease in Projected Population (3) Projected to remain at budgeted Fiscal Year 2000 levels (4) Projected to grow beyond budgeted Fiscal Year 2000 evel at Percentage Annual Increase rate (5) Taken from Table 5-3. Rate_Study.xls Section 5 2/10/00; 10:57 AM DRAFT TABLE 5-7 CITY OF BOYNTON BEACH, FLORIDA STORMWATER. WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECTION OF STORMWATER SYSTEM REVENUES, EXPENDITUREB AND CASH FLOWS AT PREVAILING RATES Fiscal Year Actual Budgeted Pre,ectec Item 1999 2000 2001 2002 2003 2OO4 Revenues: { 1) Total Charges for Services $587.527 $602,612 $609.000 $615.O00 $621.000 $627.000 nterest Earnings 81,959 48.000 97.O06 95,000 94.000 88 g00 Miscellaneous Revenues 0 0 O O O 0 Operaung Transfers in from Sanitation 33.703 33.703 34.000 34~000 34.000 34.000 Total Revenues $703.189 $684.315 $740.000 $744.000 $749.000 $749 O0C Total Current (Operating) Expenses $944.788 $1,194.715 $1~325.009 $1,461,000 $1.505.000 $1.549.000 ($241,598) ($510,400) ($585,000) ($7t7.000) ($756,O00) ($800,000) Annual Principal & Interest: Existing (3) Additional (4) Total Annual Principal & Interest Net Revenues After Debt Service $440.861 $440,861 $886037 $883.879 $885,910 $976.104 O 8.187 796,690 700 667 685.000 576 624 $440,86'1- -$449,048` $1,[682,727 $1,584;546 31,570.910 $1,552,728 ($682,459) ($959,448) ($2,267,727) ($2,301,546) ($2,326,910) ($2,352,728) Transfers to Ren. Repl. & improvement Fund (5) 0 0 0 0 0 0 Minor Capital Outlays (6) 107.109 151.612 133.000 137.900 141.000 145 Net Revenues Available for Other Purposes (7) Cumulative Surplus/(Deficit) (8) Annual ~ Adjustment to Eliminate Deficit (9) ($789,568) ($1,111,060) ($2,400,727) ($2,438,546) ($789,568) ($1,~0,626) ($4,301,355) ($6,73~,901) 134.39% 18~,37% 394.21% 396.51% ($2,467~910) ($2,497,728) ($9,207,811) ($11.705.539) 397.41% 398,36% (1) Taken fmm Table 5-4. (2) Taken from Table 4-3. (3) Taken from Table 4-6. (4) Preliminary estimates provided ay financial aowsors. (5) All stormwater system expenditures are budgeted and projecte(I as either current expenses or capital expenditures. (6) Fiscal Year 1999 taken from Table 4-1; Piscal Year 2000 taken from Table 4-2. Beyond Piscal Year 2000 annua~ amounts equal the average values for Piscal Years 1999 and 2000 increased by 3.0% annually for inflation (7) Equals Net Revenues After Debt Service less Transfem to Renewal Rel: acement & Im~)rovement Fund less Minor Capital Outlays. (8) Equals Cumulative Surplus/(DeficiB from prior year plus Ne([ Revenues Available for Other Purooses in current year. (9) Equals negative va~es of Net Revenues Available for Other Purposes dw~de(t by Total Charges for Services n corresponding year. Rate_Study,xls Section 5 2/10/00 11:10 AM DRAFT TABLE 5-8 CITY OF BOYNTON BEACH FLORIDA STORMWAtER. WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECTION OF WATER SYSTEM REVENUES EXPENDITURES AND CASH FLOWS AT PREVAILING RATES Ciscat Year Actual Budgeted Projected Item 1999 2000 2001 2002 2003 2004 Revenues: (1) Total Charges for S~rvices $10,413,782 $10.537.018 $10,754,000 $10,976,000 $11.202.000 $11.433.000 Interest Earnings 778612 456.000 926 000 905.000 890.000 835.000 Miscellaneous Revenues 60.418 6.450 6 000 6,000 6.000 6,000 Operating Transfers in from Sanitation 0 0 0 O 0 0 TotalRevenues $11,252,813 $10.999,468 $11,686,000 $11.887.000 $12,098.000 $12,274000 Total Current [Operating) Expenses (2) $8,630,597 $8,624,911 $8:908.000 $9,201,000 $9,504.000 $9.817.000 Net Revenues $2.622.216 $2,374,557 $2,778,000 $2,686.000 $2,594,000 $2.457.000 Annual Principal & Interest: Existing (3) $1,567,883 $1.567~883 $1,868.838 $1.,867,379 Additional (4) 0 0 0 0 Total Annual Principal & Interest $1 56?' 883 $t ,567,883 Sq 868 838 $1,867,379 $1.054.333 $806,674 $909.162 $818,621 Net Revenues After Debt Service $1.868.753 $1.929.726 O 0 $1,868.753 $1.929.726 $725,247 $527.274 -ransfers to Ren. Rept.& Improvement Fund (5) 347.856 675,169 659.968 701.160 713,220 725,880 Minor Capital Outlays (6) 337,687 299.786 328000 338.000 348.000 358.000 Net Revenues Available for Other Purposes (7) $368,790 ($168,2811 ($78,806) ($220,539) ($335,973) $556 606) Cumulative Surplus/(Deficit) (8) Annual % Adjustment to Eliminate Deficit (9) $368.790 $200,509 $121.703 ($98~836) ($434,808) ($991,415) N/A 1.60% 0.73% 2.01 % 3.00% 4.87% (1) Taken from Table 5-5. (2] Taken from Table 4-4. (3] Taken from Table 4-6 (4) No additional debt assumed to be issued for this case. (5) Taken from Table (61 F|scalYear 1999 taken from Table 4-1; Fiscal Year 2000 taken from Table 4-2. Beyond Fiscal Year 2000 annual amounts eaual the average values for Fiscal Years 1999 and 2000 increased by 3.0% annually tot inflation. (71 Equals Net Revenues After Debt Service less Transfers to Renewal~ Rel: acement & Improvement Fund less Minor Capital Outlays (8) Equals Cumulative 8urplus/(Deflcd)from pribr year plus Net Revenues Available for Other Purposes in current year (9) Equals negative val~es bf Net Revenues Available for Other Purposes divided by Total Charges for Services in corresponding year Rate_Study.xls Section 5 2110/00:11:28 AM DRAFT TABLE 5-9 CITYOF BOYNTON BEACH FLORIDA STORMWATER WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECTION OF WASTEWATER SYSTEM REVENUES, EXPENDITURES AND CASH FLOWS AT PREVAILING RATES Fiscal Year Actual Budgeted Protected Item 1999 2000 2001 2002 2003 2004 Revenues: (1) Total Cnarges for Services Interest Earnings Miscellaneous Revenues Operating Transfers in from Sanitation Total Revenues Total Current (Operating) Expenses (2) ',let Revenues Annual Principal & Interest: Existing (3) $605 418 Additional f4) 0 Total Annual Principal & Interes~ $605.418 Net Revenues After Debt Service $4.035,379 Transfers to Ren. Repl. & Improvement Fund (5) 834.644 Minor Capital Outlays (6) 337,687 Net Revenues Available for Other Purposes (7) $2,863.047 Cumulative Surplus/(Deficit) (8) Annual % Adjustment to Eliminate Deficit (9) $10;481.670 $10.991.911 $11.218.000 $11.448,000 $11.683000 $11.923.000 778.612 456.000 926.000 905000 890.000 835000 60 418 6,450 6.000 6.000 6.000 6.000 33,703 33,703 . 34,000 34.000 34 O00 34.000 $~1t:~B4.~03 $11.468.064 $12,18'~ 000 $12.393,000 $12.613.000 $12.798.000 $6,713 607 $7,63~,768 $7,885.000 $8,139.440 $8.4O0.363 $8.670.814 $4.640.796 $3 848.296 $4.299.000 $4.253.560 $4.212,637 $4.127.186 $605.418 $1.074.286 $1.072.013 $1.074 153 $1 .' 69.146 0 6 0 0 0 $605,,418 $1,074,286 $1,072.013 $1,074.153 $1.169.146 $3.242,879 $3,224.714 $3,181.547 $3.138.484 $2.958.040 681.264 689.284 731,040 743.580 756 780 299.786 328.000 338,000 348 300 358.000 $2~261~828 $2,207,430 $2,112,507 $2,046,904 $1,843,260 $2~863,047 $5,124,876 N/A N/A $7,332,306 $9444,813 $11.'~91,717 $13,334,977 N/A N/A N/A N/A (1) Taken from Table 5-6. (2) Taken from Table 4-5. (3) Taken from Table 4-6. (4) No additional debt assumed to be issued for this case (5) Taken from Table 4-8. (6) Fiscal Year 1699 taken from Table 4-1 Fiscal Year 2000 taken from Table 4-2. Beyond Fiscal Year 2000, annual amounts equal the average values for Fiscal Years 4999 and 2000 increased by 3.0% annually for inflation (7) Equals Net Revenues After Debt Service less Transfers to Renewal, Replacement & ,Improvement Fund less Minor Capital Ouuays (B) Equals Cumulative Surptus/tDeficit) from prior year plus Net Revenues Available for Other Purposes in current year (9) Equals negative va~es of Net Revenues Available for Other Purposes divided by Total Charges for Services in corresponamg year Rate_Study.xls Section 5 2/10/OC. 11 29 AM DRAFT TABLE 5-10 CITY OF BOYNTON BEACH FLORIDA STORMWATER WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECTION QF COMBINED SYSTEM REVENUES EXPENDITURES AND CASH FLOWS AT PREVAILING RATES (1) Fiscal Year Actual Budgeted Projected rem 1999 2000 2001 2002 2003 2004 Total Charges for Services Interest Earnings Miscellaneous Revenues Operating Transfers in from Sanitation Total Revenues $21,482,980 $22 131.541 $22,581,000 $23,039,000 $23,506,000 $23 983.000 1,639.183 960 000 I 949 000 1.905.000 1.874.000 1,758,000 120.836 12.900 12300 12.000 12 000 12.000 67,406 67,406 68.000 68,000 68.000 68.000 $23,310,405 $23,171,847 $2~6~0,000 $25.024.000 $25 460.000 $25,821,000 Total Current (Operating) Expenses Net Revenues $16L288,991 $17459.394 $18.118.000 $18,801.440 $19.409.363 $20.036.814 $7.021 414 $5.712.453 $6,492,000 $6.222.560 $6.050.637 $5,784.186 Annual Pnnclpal & Interest: Existing $2.614 161 $2.614.161 $3,829.161 $3.823.271 $3,828.816 $4,074 976 Additional 0 8.187 796.690 700.667 685.000 576 624 Total Annual Principal & Interest $2.614 161 $2.622.348 $4,625,851 $4.523.938 $4.513,816 $4651.600 Debt Service Coveraqe on All Debt (2) 2.69 2.18 1.40 1 38 1.34 1.24 Net Revenues After Debt Service $4.407.253 $3,098,292 $2.662,839 $2,399,289 $2,221 821 $1.709 210 Transfers to Ren. Repl. & improvement fund 1,182,500 1,356,433 1.349 252 1,432,200 1,456,800 1,482.660 Minor Capital OuOays Net Revenues Available for Other Purposes Cumulative Surplus/(Deficit) 782,484 751,184 789 000 813.000 $2,442,269 $990,675 $524.587 $154,089 $2 442 269 $3 432.944 $3 957 531 $4 111,620 837.000 861 000 ($71,979) ($634,450) $¢.039.641 $3 405.191 (1) Unless otherwise indicated, each line is the sum of respective lines from Tables 5-7, 5-8, and 5-9. (2) Equals Net Revenues divided by Total Annual Principal & Interest Rate_Study.xls Section 5 2/10/00 11.30 AM DRAFT TABLE 6-1 CITY OF BOYNTON BEACH. FLORIDA STORMWATER, WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECTION OF STORMWATER,SYSTEM REVENUES. EXPENDITURES AND CASH FLOWS WITH RATE ADJUSTMENT 5/1/00 Fiscal Year Actual Adjuste(~ projected Item 1999 2000 ' 2001 2002 2003 2004 Revenues: {1) Total Charges for Services (2) $587,527 $1.606.965 $3.045,000 $3,075,000 $3.105.000 $3.135.000 Interest Earnings 81.959 48.00£- 97.000 95.000 94.000 88.000 Miscellaneous Revenues 0 0 0 3 O 0 Operating Transfers in from Sanitation 33.703 33.703 34,800 34.000 34 000 34.000 Total Revenues $703.199 $1 688.668 $3.176.000 $3,204,000 $3,233.000 $3.257.000 Total Current (Operat ng) Expenses (3) Net Reverlues $944,788 $1,194,715 $1.325,000 $1.461,000 $1.505.000 $1.549,000 ($241,598) $493.953 $1.851.000 $1.743.00C $1.728.000 $1,709.000 Annual Principal & Interest: Exishn~ Total Principal & Interest (4) Series 2000 Rev. Bond Prin. & Interest [5) Total Annua~ Principal & Interest $440,861 $440.861 0 8,187 $440,861 $449.048 $886.037 $883,879 $885.910 $976 104 796,690 700,667 685.000 576,624 $1,6~2,727 $1,584,546 $1,570.910 $1.552.728 Debt Service Coveraq~: {6) Net Revenues After Debt Service (0.548) 1.100 1.100 ~ 100 1.100 1.100 t$682,459) $44.905 $168.273 $156.454 $157.090 $155.272 Transfers to Ren. Repl. & Improvement Fund (7) Minor Capital Outlays (9) Net Revenues Available for Other Pul-poses (9) Cumulative Surplus/(Deflcit) (10) 0 0 0 0 0 0 107 109 151.612 133,000 137,000 141.000 145.000 ($789,568) ($t06,707) $35,273 $21,454 $16.090 $10,272 ($789,568) ($896,275) ($861,002) ($839,548) ($823,458) ($813,186) (1) Taken from Table 5-7 except where otherwise noted. (2) Assumes an ad. ustment from $1.00 per month per ERU to $5.00 per month per ERU, effective 5/1/00. (3) Taken from Table 4-3 (4) Taken from Table 4~6 (5) Estimated by underwriters to maximize debt capacity w~th proposed adjustment. (6) Equals Net Revenues divided p), Total Annual Principal & Interest. (7) All stormwater system expenditures are budgeted and projected as either current expenses or capita~ expenditures '~) ~'[%c_a. Ye_a$~[99~t~.k.911fqmTa~ff4-.1j Fsca Year 2000 taken frem Tab e 4-2 Beyond F scal Year 2000 annual amounts equa~ me average values for Fiscal Years 1999 and 2000 ncreased by 3.0% anndally for inflation. (9) Equals Net Revenues After Debt Service less Transfers to Renewal Replacement'& Improvement Fund less Minor Capital Outlays (10) Equals Cumula~tive Surplus/tDeficit) from prior year plus ~et Revenues Available for Other Purposes in current year. Rate_Study xls Section 6 2/10/00 f '38 AM DRAFT TABLE 6-2 CITY OF BOYNTON BEACH. FLORIDA STORMWATER. WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PRO;JECTION OF (~OMBINED SYSTEM REVENUES EXPENDITURES AND OASH FLOWS WITH STORMWATER ADJUSTMENT 5/1/00 [1) Fiscal Year Actual Adjustea Proiectea Item 1999 2000 2001 2002 2003 2004 Revenues: Total Charges for Services Interest Earnings Miscellaneous Revenues Operating Transfers in from Sanitation Total Revenues $21,482 980 $23 135 894 $25 017,000 $25.499000 $25,990.000 $26.491 000 1.639.183 960 000 1,949 000 1.905.000 1,874.000 1.758.000 120 836 12.900 12 O00 12.000 12.000 12.000 67,406 67 406 68.000 68.000 68 D00 68000 $23 310 405 $24. t76 200 $27 046.000 $27.484.000 $27 944 O00 $28,329.000 Total Current (Operating) Expenses $16,288,991 $17,45939(I $18,118,000 $18 801.440 $19.409.368 $20 036.814 ~et Revenues $7.021.414 $6.716.806 $8.928,000 $8:682 560 $8,534 637 $8.292.186 Annual Principal & Interest Existing Total Principal & Interest Series 2000 Rev. Bond Prin. & Interest Total Annual Principal & Interest $2.614.161 $2,614 161 $3,829,161 $3,823.271 $3.828.816 $4.074 976 0 8 187 796,690 700 667 685 000 576624 $2.614.161 $2r622 348 $4.625.851 $4.523 938 $45.13816 $4.651.600 Debt Service Covera,cle: (2) 2.69 2.56 1.93 1.92 1.89 1.78 Net Revenues After Debt Service $4.407.253 $4.094 458 $4,302,149 $4.158 622 $4.020.821 $3,640,586 Transfers to Ren. Repl. & Improvement Fund 1.182.500 1.356.433 1 349.252 1.432.200 1,456 800 1.482.660 Minor Capital Outlays 782 484 751 184 789 000 813.000 837 000 861 Net Revenues Available for Other Purposes $2.442.269 $1,986,841 $2,163,897 $1,913,422 $1,727,021 $1,296.926 Cumulative Surplus/(Deficit) $2.442.269 $4.429.110 $6,~93,008 $8,506,430 $10,233,450 $11 530,376 (1 / Unless othengise indicated, each line Is the sum of respect ve lines from Tables 5-8 5-9. and 6-1 (2) Equals Net Revenues divided Dy Total Annual Principal & Interest. Rate_Study.xls Secnon 6 2/10/00 2:14 PM DRAFT TABLE 6-3 CITY OF BOYNTON BEACH. FLORIDA STORMWATER. WATER AND WASTEWATER RATE STUDY COMPARISON OF AVERAGE MONTHLY BILLS WITH NEIGHBORING JURISDICTIONS Jurisdiction City of Boynton Beach (Inside): Existing Rates Recommended Rates Average Monthly Residential Bill Stormwater Water Wastewater Total $1.00 $14.71 $20,91 $36.62 $5.00 $14.71 $20.91 $40.62 (2) $18.32 $21.79 $40.11 $4.50 $18.81 $26.22 $49.53 $3.40 $16,67 $23,13 $43.20 (2) $15,45 $20.60 $36.05 City of Deerfield Beach (Inside): City of Delray Beach (Inside) City of West Palm Beach (Inside) Palm Beach County (1) Based on a single family home with 8,000 gallons per month usage, (2) The cost of stormwater management is included in the General Fund. and is not a separate monthly charge, Rate_Study xls Section 6 2/10/00:2:15 PM DRAFT TABLE A CALCULATION OF FISCAL YEAR 2001 REVENUE REQUIREMENTS FOR APPLICATION OF AUTOMATIC ESCALATOR Item System Stormwater Water Wastewater $1.325.00{:) $8,908,000 $7.885.000 $1 682.727 $1,868,838 $1.074.286 $0 $659,968 $689.284 $133,000 $328.000 $328 $3 140,727 $11 764,806 $9,976,570 42% 76% 79% 40% 80% 80% Current Expenses Annual Princ: pal & Interest Transfers to RR&I Fund Minor Capital Outlay Total Current Expenses as a % of Total Use Rate_Study xls ~ Section 5 2/11100:2:36 PM DRAFT TABLE B CiTY OF BOYNTON BEACH. FLORIDA STORMWATER. WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY SUMMARY OF FIVE-YEAR STORMWATER FUNDING PLAN (1) item Amount Revenues without Rate Adjustment Additional Revenues from Rate Adjustment 5/1/00 Revenues with Rate Adjustment 5/1/00 $3.666.315 10.892.353 $14.558.668 $7.034.715 4,072,791 2.767.168 707.612 $14.582.286 Total Current Expenses Total Existing Annual Principal & Interest Total Additional Annual Principal & Interest Total Minor Capital Outlays Total Revenue Requirements Total Five-Year Capital Improvement Expenditures Amount Funded from: Series 1996 Construction Fund Series 2000 Construction Fund Utility General Account Fee-In-Lieu-Of Capital Charge Receipts Interest Earnings Total Funding Sources $27 138.500 $11.303.651 13.160.700 315,000 500,000 1.883.048 $27.162.399 (1) Fiscal Years 2000 through 2004. Rate_Study.xls ' Section 5 2/11/00:3:33 PM DRAFT TABLE C CITY OF BOYNTON BEACH. FLORIDA STORMWATER, WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY FIVE-YEAR COMBINED SYSTEMS FUNDING PLAN (1) Item Amount Revenues without Rate Adjustment Additional Revenues from Rate Adjustment 5/1/00 Revenues with Rate Adjustment 5/1/00 $124,086.847 10,892.353 $134.979,200 Total Current Expenses Total Existing Annual Pdnc~ pal .& Interesz Total Additional Annual Pdncipa~ & Interest Total Transfers to Renewal, Replacement & Improvement Fund Total Minor Capital OuUays Total Revenue Requirements $93 825.011 18 170.385 2.767. 168 7.077.345 4.051.184 $125,891,093 Total Five-Year Caoital Improvement Expenditures Amount Funded from: Series 1990+1992+1996 Construction Funds Sedes 2000 Construction Fund Utitity General Account Stormwater Fee-In-Lieu-Of Capital Charge Receipts Water and Wastewater Impact Fees interest Earnings Total Funding Sources $48.291.131 $14,600,512 13.160.700 8,430.000 500.000 8.370.408 3.260.290 $48.321.910 (1) Fiscal Years 2000 through 2004. Section 5 2/11/00:4:07 PM Rate_Study xts CDM Camp Dresser & McKee Inc. ~.14~0 .. ~ ',r- ' - i . 0t - ,,~. Memorandum .%~q, ~0~' ~,.~ ~C,,~O, To: Mrs. Barb Oonboy Oi~ of Boynton Beach, FL , From: Dan Anderson- CDM~est Palm Beach ~~ Date: Februa~ 11, 2000 Subject: Stormwater, Water and Wastewater Rate Study Transmittal of Revised Tables Dear Barb: Enclosed please find the tables for the captioned study that have been revised to incorporate the comments City staff provided in our meeting of February 1, 2000. Tables not enclosed herewith will remain the same as presented in our January 22, 2000 Revised Draft Report. The changes made to each of the enclosed tables are described below. 25 ,,Li ?..Q~`qJnderSt~rmwaterMaintenance~Pers~nne~&Re~atedC~stshavebeenincreasedby$84~ r-~/_ / 'q ~ ' in FY 2001, and by an additional $84,000 in FY 2002 to account for the addition of a crew at ~"/: ' "~ the beginnin~ of April.200~. Operating Expenses have been increased by $7,500 in FY 2001, and by an additional $7,500 in FY 2002 to account for additional equipment operating expenses associated with the new equipment for the additional crew. Both cost line items are escalated at three percent beyond FY 2000. Tables 4-7 and 4-8 These two tables are changed to reflect slightly reduced values of Transfer from Operations as a result of reduced '.interest earnings described subseq.uently, toJ~J a~"~ al,55,,qeL. This table has been modified tc include Additional Equipment for New Stormwater Maintenance Crew of $315,000 in FY 2001~o avoid additional upward pressure in stormwater rates, the assumption is made that this cost is funded from the Ul;ilLty__QEnera,l Account. Also, no annual allowance for future replacement of this equipment is provided ~nnthe analysis, assuming that providing for replacement would commence after the rate Mrs. Barb Conboy - City of Boynton Beach. FL February 11, 2000 Page 2 /'~Please note tha'c the amounts of funding from the Series 1996 Construction Fund and the~-'-~ Series 2000 Bonds Construction Fund in Table 4-9 will have to change. The additional debt service associated with the Series 2000 Revenue Bonds shown in Table 6-I has been computed to yield a 1.100 debt service coverage factor. Mr. Guidry indicated that you would work with the financial advisors/underwriters to determine the maximum debt that could be issued to fund the stormwater system capital improvemen~ program. Once we have obtained that information, we Will use it to replace the $13~160,700 Series 2000 Bonds Construction Fund in Table 4-9, and adjust the required amount from the Series 1996 Construction Fund It appears that we may not be able to issue a minimum of $15 million prlnclpal amount of additional bonds, based on the additional debt ser,ace capacity determined in Table 6-1. If not, is Mr. Guidry willing to issue a smaller amount, or do we con~ider some other alternative? 4- 3 This table has been modified to include Mr. Guidry's estimate of additional costs for the · wastewater treatment plant. In aggregate, these costs are: FY '01, $125,100; FY '02, 0 ~-'~. $958,300; FY 03, $958,000; and, FY 04, $958,000. We have spilt these costs 75 Yo to the BiosoIids Project, and 25% to the Chlorine Study. Please note that to fund these costs, we are showing additional transfers from the Utility General Account in Fiscal Years '02 through '04. Table 5-3 This table has been updated to reflect the increased draws from the Utility General Account. As can be seen, the projected ending balance of this account at the end of the rate study period is $13.3. million. Interest earnings allocable to all three systems are projected to decrease as a result. C)k2- _ Tables 5-4 through 5-6 These tables project revenues at prevailing rates and have been updated to reflect the lesser interest earnings from Table 5-3. (~] ~ Table 5-7 This table reflects the lesser interest earnings and the reduced annual debt service. As can be seen, a required adjustment in Fiscal Years 2001 through 2004 consistent with the $1.00 to $5.00 per month per ERU rate is computed in the last line of the table. Tables 5-8 through 5-10 These tables reflect changes resulting from the differences in interest earnings. Mrs. Barb Conboy - City of Boynton Beach, FL February 11, 2000 Page 3 Table 6-1 This table reflects previous changes, and shows the substantially reduced annual principal and interest capacity available for the Series 2000 Revenue Bonds. The additional debt service is computed such that overall Debt Service Coverage beginning in Fiscal Year 2001 is 1.100. Table 6-2 This table incorporates the changes in the previous table. Table 6-3 This table has been modified to add West Palm Beach and Palm Beach County, and to delete Boca Raton. Table A ~d ~ ~ / ~;equirements for the three systems. The "use" line indicates the percentages we propose be -'~5- ~"O/Z/~n~ltiplied by the Consumer Price Index All Urban Consumers (CPI-U) US City Average. ,dT. ables B and C Mr. Sug~rman requested that we draft a chart to show a summary of the funding plan developed in the rate study. Accordingly, we have drafted two such charts. Table B presents a summary of the five-year stormwater funding plan. Table C presents a summary of the combined systems funding plan for Fiscal Years 2000 through 2004. Please ask Mr. Su~rman to review these charts and provide us with his comments. Summary After you have reviewed this information, please contact me at your earliest convenience to discuss your questions and comments. As always, many thanks for your help. Regards. Dan. Enclosures DATE: TIME: SUBJECT: ATTENDEES: LOCATION: Tuesday, February 1, 2000 9:30 am Draft Rate Study Report CDM, Utilities Staff & DSS Dale's Office Paet-~ Fax Note/"Ti~ CITY OF EOYN'rON BEACH, FLORIDA STORMWATER, WATER AND WAST~WATER RATE STUDY ALTERNATIVES FOR RATE MODIFICATIONS The roi:owing presents a "laundry list' of alternatives for water and wast~water rate structure modificat OhS that:might be consic?red. However, ali of thiese depend on the availability of aetailed accurate h storiCal customer data. · Modify the basemonthly charges into a customer cos[ Charge a~d a capacity .cost chaine. The customer ~OSt charge would be .an,am. cunt. per..a .cco~nt; 'the capacity cost charge would be an ~amount per equ~vment res~aem~al un (ERU). This cha~ge could- apply to both water and wastewater. · Establ sh more detailed E.R.U assignments for the various customer classes. For e.xamplei a Single-family residence would be 1.0 ERU. Based on hiatoricatdemand ~ulflp{e~fam}ly dwellings WOuld be some percentage of an ERLI. For commercial, meter sl:es COuld be used to scale up ERU assignments. These chenges could apply to bath water and wastewater. · Reduce the total number~of inclining blocks for the water rates from eight to1 say, three or so. · Eliminate the.3,0O0-gallon allowance in the base monthly charge for water customers. Increase or eliminate the 7,000-gallon cutoff for residential wastewater billing. Customers can then make an economic decision as to whether they want to have a separate irrigation meter, About the only modification we could make without detailed customer data would be to have an across-the-beard reducti.0n in waatewater user charges. However, we caution against this unless and until the Cty receives a favorable recommendation from the financing team, given that the City anficioates issuing debt in the near future. City of Boynton Beach, Florida Stormwater, Water and Wastewater Rate Study February 2000 of Ra · Project System Growth Capital Charge ~n Rates Required for each System Prepare Reports r 3urisdictions at Used as Basis 2% Annually to Grow pment in e: Charge Based on Total Cost Less _ .._ 2.~ .... ~ ~.--_ · Quality Charge. $2.10 per Sq. Ft. Quantity Charge: $0.18 per Sq. Ft. An¸ Then Combined and ~-2000. FY 2004 Rates [] Project Annual % Increases Needed' uirements 996) Capital Improvements Additional Debt Service to Fund Capital Improvements $3,000, OO0 $2,500,0OO $1, oo. ooo $1,000,0OO - $500.000 200O 2001 20O2 Fiscal Year 2003 Total Revenues @ Existing Rates Tota Revenue Requ rements 20O4 $13,000.000 Water System Revenues at Ex/sling Rates andRbvenue Requirements $12.5oo,ood ~ $12.000.01)0 - 0 ~ $11.500;000 '~, $11.(X~ $10,500,,000 - $10,000,000 2O0O 2001 2(]02 Fiscal Year 2003 20O4 $12,000.D00 - Revenues at Exislfng Rates and Revenue Requirements 2O0o 2001 2002 2~03 2004 Fiacal Year $28.000.000. $27,000.000 $26.000.000 - 0 ~ $23.oo0,0oo - $20,000,000 2000 2001 2002 Fisoal Year 2093 2004 mTz~ai Re. hue Requirement~ $5,5O0,0OO Revenues with $4.00 Rate Increase 311/0D and Revenue. Requirements $2.500.0D0 o E $1,soo, ooo $1.ooo, ooo $0 2000 2007 2002 ,2003 2004 Fiscal Year Total ReM~nue Requirements Requirements $25,000.000 ~ $~'O. O00.OOD _~'~T~al Re'~n ues w~th R~ ~'TotaJ Re.hue Requirements ~ $0 2000 20B1 2002 Fiscal '(ear 200~ 20O4 Five-Year Capital $40.000.000 $35,000,000 ~ $30,000,000 $I0.000.000 Total Expenditur,~s I~y System $35,O0O, OOO To~l Fur~ng By Source Current Level of $1.00/ERU Rate ~rom Monitor Water System Financial Performance to Time Rate Tncrease Maintain Prevailing 3urisdictions ~(~) Fo~~, assumes a ho~use ~,ft! $21.99 Cits, of Boynton Beach, Florida Stormwater, Water and Wastewater Rate Study January 22, 2000 Revised-Draft Report Revised Draft Report for City of Boynton Beach, Florida Stormwater, Water and Wastewater Rate Study January 22, 2000 Camp Dresser & McKee Inc. 1601 Belvedere Road, Suite 211 South West Palm Beach, Florida 33406 CDM Project No. 6276-27182-010.RT.REP Contents Section 1 1.1 1.2 1.3 1.4 Section 2 Section 3 3.1 3.2 Section 4 4.1 4.2 4.3 4.4 4.5 Section 5 5.1 5.2 5.3 5.4 Section 6 6.1 6.2 6.3 6.4 6.5 Section 7 7.1 7.2 Introduction AuLhority ................................................................................................................... 1-1 Purpose and Scope ................................................................................................... 1-1 Outline of the Report ............................................................................................... 1-3 Prevailing Rates ............... : ........................................................................................ 1-3 System Growth Fee-In-Lieu-Of Capital Charge General ......... 2 ............................................................................................................ 3-1 Development of Fee-In-Lieu-Of Capital Charge .................................................. 3-1 Projection of Revenue Requirements General ....................................................................................................................... 4-1 Operating Expenses ................................................................................................. 4-1 4.2.1 Historical and Budgeted Operating Expenses ...................................... 4-1 4.2.2 Projected Operating Expenses ................................................................. 4-6 Existing Debt Service ............................................................................................. 4-13 Renewal and Replacement Program ................................................................... 4-13 Capital Improvement Program ............................................................................ 4-17 4.5.1 Stormwater System ................................................................................. 4-17 4.5.2 Water System ........................................................................................... 4-17 4.5.3 Wastewater System ................................................................................. 4-20 Projection of Revenues at Prevailing Rate Actual and Budgeted Revenues ............................................................................. 5-1 Projection of interest Earnings ............................................................................... 5-1 Projection of Revenues at Prevailing Rate ............................................................ 5-5 Projection of Revenues, Expenditures and Cash Flows at Prevailing Rates.... 5-5 Calculations of Rate Increases Stormwater System .................................................................................................. 6-1 Water System ............................................................................................................ 6-1 Wastewater System .................................................................................................. 6-3 Combined Systems ................................................................................................... 6-3 Comparison of Rates with Neighboring Jurisdictions ........................................ 6-3 Summary and Recommendations Sumnm~ ................................................................................ 7-1 Recommendations ....................... ~ ............................................................................ 7-2 Camp ~ & Mcl(~e In= Tables Table 1-1 Table 1-2 Table 2-1 Table 3-1 Table 4-1 Table 4-2 Table 4-3 Table 4-4 Table 4-5 Table 4-6 Table 4-7 Table 4-8 Table 4-9 Table 4-10 Table 4-11 Table 4-12 Table 4-13 Table 5-1 Table 5-2 Table 5-3 Table 5-4 Table 5-5 Table 5-6 Prevailing Water System Rates ......................................................... 1-4 Prevailing Wastewater User Charges .............................................. 1-5 Projected System Growth .................................................................. 2-2 Development of Stormwater System Fee-In-Lieu-Of Capital Charges ................................................................................... 3-2 Annualized Fiscal Year 1999 Operating Expenses and Allocation to Systems ............................................................................................ 4-2 Budgeted Fiscal. Year 2000 Operating Expenses and Allocation to Systems ............................................................................................ 4-4 Projection of Stormwater System Current Expenses ..................... 4-7 Projection of Water System Current Expenses ............................... 4-9 Projection of Wastewater System Current Expenses ................... 4-11 Existing Debt Service Requirements and Allocations to Systems ............................................................................................... 4-14 Water System Renewal and Replacement Program .................... 4-15 Wastewater System Renewal and Replacement Program .......... 4-16 Stormwater System Capital Improvement Program ................... 4-18 Water System Capital Improvement Program ............................ 4-19 Water System Capital Improvement Program: Capacity Expansion Portion ............................................................................ 4-21 Water System Capital Improvement Program: Non-Capacity Expansion Portion ............................................................................ 4-22 Wastewater System Capital Improvement Program ................... 4-23 Annualized Fiscal Year 1999 Operating Revenues and Allocation to Systems ............................................................................................ 5-2 Budgeted Fiscal Year 2000 Operating Revenues and Allocation to Systems ................................................................................................. 5-3 Projection of Interest Earnings at Prevailing Rates ........................ 5-4 Projection of Stormwater System Revenues at Prevailing Rates ..................................................................................................... 5-6 Projection of Water System Revenues at Prevailing Rates ........... 5-7 Projection of Wastewater System Revenues at Prevailing Rates ..................................................................................................... 5-8 Tables (Continued) Table 5-7 Table 5-8 Table 5-9 Table 5-10 Table 6-1 Table 6-2 Table 6-3 Projection of Stormwater System Revenues, Expenditures and Cash Flows at Prevailing Rates ......................................................... 5-9 Projection of Water System Revenues, Expenditures and Cash Flows at Prevailing Rates ................................................................ 5-10 Projection of Wastewater System Revenues, Expenditures and Cash Flows at Prevailing Rates ....................................................... 5-11 Projection of Combined System Revenues, Expenditures and Cash Flows at Prevaillv~g Rates ................................................................ 5-][3 Projection of Stormwater System Revenues, Expenditures and Cash Flows with Increase 3/1/0C .................................................... 6-2 Projection c~ Combined System Revenues, Expenditures and Cash Flows with Stormwater Increase 3/1/00 ........................................ 6-4 Co.mp,~arl/.son of Average Monthly Bills with Neighboring ~urisdictions ......................................................................................... 6-5 CDM Camp Dr~t, er & Mci(ce Inc. Section 1 Introduction 1.1 Authority The City of Boynton Beach (the City) authorized Camp Dresser & McKee Inc. (CDM) to prepare this Stormwater, Water and Wastewater Rate Study by issuance of Purchase Order No. 99307, dated'August 27, 1999. 1.2 Purpose and Scope The purpose o£ this rate study is to update the rates charged for stormwater, water and wastewater service to maintain the financial integrity of the combined enterprise fund for these three services. The City is also contemplating the issuance of additional parity revenue bonds to finance improvements to the stormwater, water and wastewater systems. The scope of work also provides for the preparation of a letter report in support of the City's prospective issuance of additional debt. The detailed tasks of the scope of work for this rate study are as follows: · Task 1 - Data Request and Review Immediately upon receipt of written notice to proceed, CDM will submit a data request letter to the City setting forth the nature and desired format of data to perform the study. After receipt of requested data, CDMwill review the information and advise the City of any additional data needs. · Task 2 - Projection of Customer Parameters Based on information furnished by the City, CDM wilt project future customer growth annually for the five-year rate study period. · Task 3 - Project Revenues at Prevailing Rates CDM will project revenues at prevailing rates separately for the stormwater system, the wated system, and the wastewater system for each of the next five years. · Task 4 - Develop Fee-In-Lieu-Of Stormwater Capital Cost Charge Using the planned capital improvement projects for the downtown redevelopment program, CDM will develop a fee-in-lieu-of capital cost charge. The annual receipts from this source of capital contn'bution will be projected for each of the years of the rate study period. O[~l~ Cam~ Dresser &McK~Inc. 1-1 Section 1 introduction · Task 5 ~ Project Revenue Requirements Based on the City's five-year capital improvement program, and working in conjunction with the financing teem, CDM will project the annual debt service associated with each of the three systems, and the emounts related to re~nding and new money. The capacity expansion percentages associated with the debt service for each systemwill alfio be estimated. CDM will project separately for each of the three systems the annual revenue requirements comprising: operating ex-penses; debt service; renewal and replacement requirements; n~inor calYital outlays. · Task 6~Project Annual Net Revenuest Cash Flows, and Surpluses/{Deficits) Under ~s task, CDM will project separately for each system the annual net revenues, cash flows, and surpluses or deficits, at prevailing rates. · Task ~ - Project Annual Percentage Increasas in Rates Required Based on the results of Task 6, CDM will project, separately for each system, the armtml percentage increases in rates required to meet the revenue requirements. · Task 8 - Develop Recommended Annual Increases in Rates CDM recognizes that the annual percentage increases m rates computed in Task 7 that are required for self-sufficiency of each system may not feasible. This task provides for~phasing in of across-the-board rate adjustments over the next five years to approach self-sufficiency of each system. · Task 9 - Comparison of Rates with_Comparable Local Utilities CDM will compare the proposed rotes with those of selected utilities in neighboring jurisdictions. · Task 10 - Prepare Draft Rate Study Report CDM will prepare a draft rate study report setting forth all assumptions, calculations, findings, conclusions and recommendations, CDM will provide the City with fi~e copies of the draft report. · Task 11 - Prepare Final Rate Study Report A_ftez receipt of the City's comments concerning the draft ~eport, CDM will incorporate those comments into a final rate study report. CDM will provide the City with 10 copies of the final report,. 1-2 Section 1 Introduction · Task 12 - Prepare Engineer's Letter Report in Support of Debt Issuance Based on CDM's knowledge of the City's existing stormwater, water and wastewater systems, and without conducting any site visits, CDM will prepare an engineer's letter report in support of the combination refunding and new money revenue bondissue. Capital improvement projects to be financed with the issuance of the new money portion of the debt will be discussed in general terms, without providing detailed justification. Maximum use will be made of the final rate study report in preparing the engineer's letter report without the creation of significant additionalinformation. CDM will provide the City with one version of the draft anda final engineer's letter report. · Task 13 - Meetings CDM Will attend five meetings for the project, including the formal presentation of the final rate Study report to the City Commission. 1.3 Outline of the Report Section 1 of this report is an introduction. Customer growth is projected in Section 2 of this report. Section 3 develops the fee-in-lieu stormwater capital charge. Section 4 projects the revenue requirements separately for each of the three systems. Revenues at prevailing rates are projected in Section 5 for each of the three systems. Revenues, expenses, and cash flows at prevailing rates are also projected. These cash flows at prevailing rates are then presented on a combined basis, [ncluding debt service coverage on combined debt. Section 6 computes the increases in rates necessary for each system during the rate study period. A comparison of rates in other jurisdictions is made with the City's prevailing and increased rates. Section 7 of the report presents a summary and recommendations. 1.4 Prevailing Rates The prevailing water system rates are presented in TabIe 1-l. The prevailing wastewater system user charges are set forth in Table 1-2. The City's Ordinance No. 093-72 established stormwater utility fees. That ordinance established each residential dwelling unit as an equivalent residential unit (ERU), with commerdal or industrial ERUs equal to 1,937 square feet. The monthly stormwater u~ty fee rate established by Ordinance No. 093-72 is $1.00 per month per ERU. CDM DRAFT TABLE 1-1 CITY Of BOYNTON BEACH. FLORIDA PREVAILING WATER SYSTEM RATES (1) Inside Outside tem City City Residential: Base Monthly Charge Commodity Charges (per 1.000 Gal.): 3,000 - 6,000 gal. 6,001 - 9,000 gal. 9,001 - 12,000 gal. 12,001 - 15,000 gal. 15.001 - 25,000 gal. 25,001 - 50,000 gal. 50.001 - 75,000 gal. Over 75.000 gat. $6.65 1.58 1.66 1.75 1.85 1.96 2.08 2.21 2.35 Commercial: Base Monthly Charge Commodity Charges (per t.000 Gal.): 3.000 - 6.000 gal; 6,001 - 9;000 gal. 9.001 - 12.000 gal. 12,001 - 15.000 gal.. 15,001 - 25,000 gal. 25,001 - 50,000 gal. 50,001 - 75.000 gal. Over 75,000 gal. $10.64 1.58 1.66 1.75 1.85 1.96 2.08 2.21 2.35 $8.31 1.98 2.08 2.19 2.32 2.45 2.60 2.77 2.94 $13.30 1.98 2.08 2.19 2.32 2.45 2.60 2.77 2.94 (1) Adopted by Ordinance No. 90-35, effective October 1. 1993. Rate_Study.xls Section 1 1/22/00:10:55 AM DRAFT TABLE 1-2 CITY OF BOYNTON BEACH, FLORIDA PREVAILING WASTEWATER USER CHARGES (1) Inside Outside City City Item Residential & Commercial: Base Monthly Charge $10.13 $12.66 Commodity Rate (per 1,000 Gal. Of potable water) (2) 1.54 1.93 Monthly Charge If No Water Meter 19.74 24.67 (1) Adopted by Ordinance No. 90-35, effective October 1, 1993. (2) Commodity charge for residential customers (both inside and outside City) will be based upon a maximum sewer usage of 7,000 gallons per month, Commercial accounts wilt be billed wastewater charges based upon total water usage. Rate_Study.xls ~ Section 1 1/22J00:10:55 AM Section 2 System Growth This section of the rate study projects growth of the systems. Based on discussion with City staff, am appropriate basis to use for projecting growth in the cUStomer parameters of the water and wastewater systems is the population growth projected in the City's Consumptive Use Permit. Accordingly, Table 2-1 uses the projected population to determine the annual growth rates for these two systems. As can be seen in the upper portion of Table 2-1, the growth rate in all years is 2.06 percent. This value wilt be used in subsequent sections to project revenues at prevailing rates. While the water and wastewater systems serve customers both inside and outside the Cib/, the stormwater system ser~es customers only within the murdcipal limits. City staff estimates that the growth rate inside the City is about half the overall rate. Hence, as shown in the lower portion of Table 2-1, an anrmal growth rate of 1 03 percent is projected. This ~zalue will be used in subsequentsec~dons to proiect revenues at prevailing rates. CDM Camp D~sser ~ McI(e~ k~ 2-1 DRAFT TABLE 2-1 CITY OF BOYNTON BEACH, FLORIDA STORMWATER, WATER AND WASTEWATER RATE STUDY PROJECTED SYSTEM GROWTH Fisca~ Year Item '1999 2000 2001 2002 WATER AND WASTEWATER SYSTEMS Proiected Population: Number (1) 95,191 97,155 99,158 101,203 Annual Growth Rate (2) Base 2.06% 2.06% 2.06% STORMWATER SYSTEM Annual Growth Rate (3) 2003 2004 103,291 105,421 2.06% 2~06% Base 1.03% 1.03% 1.03% 1.03% 1.03% (1) Taken from Table G "Projected Future Water Use" [rom City's Consumptive Use Permit (2) Equals annual percentage increase in population. (3) Assumed to grow at half the rate of growth for water and wastewater systems. Rote_Study.xls Section 2 1/22100; 10:57 AM Section 3 Fee-In-Lieu-Of Capital Charge 3.1 General Many storrnwater utilities levy a fee-in-lieu-o/capital charge upon parcels within their service areas for the purpose of defraying capital costs incurred on their behalf. Instead of requiring that each parcel construct the necessary facilities on site to retain/detain the stormwater they generate, the municipality constructs the facilities required for the service area, and then recovers the cost through a one-time capital charge. This section develops a fee-in-lieu-of capital charge for the downtown water quality improvement area. The fee will actually consist of two parts. One part is for the water quality improvements themselves which benefit Only the area within the 48.9-acre downtown water quality improvement area itself. The other part is for the improvements that handle stormwater quantity that provide benefits throughout the entire 460.8-acre downtown watershed. 3.2 Development of Fee-In-Lieu-Of Capital Charge Table 3-1 develops both portions of the one-time fee-in-lieu-of capital charge. The table is described in detail below. In the upper portion of the table, the total area and the impervious area of the downtown water quality ~mprovement area are presented under the quality column. Also, characteristics for the entire downtown watershed area are presented to enable calculation of the capital costs associated with handling water quantity. The middle portion of Table 3-1 presents the costs associated with the doWntown project. An estimated two-thirds of the total project costs are considered related to the water quality improvements within the downtown water quality improvement area, and the remaining one-third of costs are associated with stormwater quantity tl-rroughout the downtown watershed. Recent bids received for the construction of the Lmprovements are added to contract costs to date plus the costs of land to yield total costs of the downtown improvements. The capital cost recovery mechanism is identified in the bottom portion of Table 3-1. The mechanism ~s recovery of the capital costs on the basis of square feet of impervious area. The costs of the improvements wilt be defrayed from two sources: antidpated revenue bonds and the capital charges levied upon property in the downtown improvement area. So as.not to double charge the property owners in the downtown improvement area, the present worth of the principal payments related to these improvements is deducted from:the total costs per square foot of impervious area to yield the charge. The present value of principal payments is estimated as 41.14 percent of the total costs per square foot. The $2.10 per square foot quality capital charge component should be levied only within the downtown water quality 3-1 DRAFT TABLE 3-~ CITY OF BOYTON BEACH. FLORIDA STORMWATER. WATER AND WASTEWATER SYSTEM RATE STUDY DEVELOPMENT OF STORMWATER SYSTEM FEE-IN-LIEU-OF CAPITAL CHARGES Estimated Costs item Quality Quantity DOWNTOWN IMP ROVEM ENT AREA CHARACTERISTICS: ' Total Area (Acres) 11) 48.9 460.8 moetvious Area Percentage (1) 71.7% 43.8°/0 mpervious Area (Acres) (2) 35.~ 201.9 ESTIMATED COSTS OF DOWNTOWN IMPROVEMENTS: (3) Contracts to Date (4' $894.993 $447 496 Estimated Construction Costs (5) 3,465,00~ 1.732.500 Direst Casts of Lane (6) 1,091.033 545.517 Tctat Costs of Downtown Improvements $5,451 r026 $2,725~513 CAPITAL COST RECOVERY MECHANISM: Total Cost Per Square Foot of Imoervious Area (7) $3.57 $0.31 Less: Present Worth of Principal Payment of Debt Service for Dowatown Improvements (8) ~$1.47~ ($0.13) Yields: Rate to be Charged Per Square Foot of impervious Area $2.10 $0.18 (1) Estimated by CDM in January 1999 engineenng analysis. Quality costs are associated with only the Downtown Water Quality Imarovement Area. Quantity costs are associated with the entire Downtown Watershed, (2) Ec~uals acreage of Tstal Water Quality [merovement Area multiplied by Im~}erviaus Area Percentage. (3) Equals two-thirds of total estimated cost for each line item. One-third is considered assoctated with water ~uantA3/. (4) Based on information provided by City staff' Excludes direct costs of land. (5~ Based on estimated costs for design/build. (6) Estimated by City staff 7~ E~uals Total Costs of Downtown Watershed Imorovemen~s divided by impervious Area of Water Quality Improvement Area in square feet (43,560 square feet aer acre). (8~ Eauals 41.14% of Total Coat Per Square Foot of Impervious Area. Percentage ~s computed as present wor~ of preliminary Ddhcieal repayment schedule for Sodas 2000 Revenue Bonds divided by deposit to construction fund. Rate_Study. x~s Section 3 1/22J00-11:01 AM Section 3 Fee-in-L~u. Of Capital Charge improvement area; whereas, the $0.18 per square foot quantity capital charge component should be levied throughout the downtown watershed. 3-3 Section 4 Projection of Revenue Requirements 4.1 General This section of the report develops revenue requirements for each of the three systems. Revenue requirements comprise the following cost categories: · Operating expenses; · Existing and future debt service on bonded indebtedness; · Renewal and replacement requirements; · Minor capital outlays; and, · Capital improvement program expenditures. Each of these expenditure categories is developed in detail below. 4.2 Operating Expenses 4.2.1 Historical and Budgeted Operating Expenses The Utilities Department prepares detailed operating expense budgets and actual expense statements that classify costs into the various cost centers by line iterm For purposes of this rate study, the line items may be conveniently grouped into personnel and related expenses, other operating expenses, minor capital outlays, and transfers. Of these four categories, the minor capital outlays are not a "current expense" within the meardng of the bond covenants, and are therefore not treated as operating expenses. For all cost centers except General Administration, transfers capture the costs associated with self-insurance, and are a true "current expense" category. The costs for vehicle replacement is not included in the transfers line item, but rather as a minor capital outlay, Under General Administration, transfers captures the costs associated with services provided to utilities by other City depat h~tents. Table 4-1 presents the annualized costs for Fiscal Year 1999, based on actual expenses for 10 months of the year. Table 4-2 presents budgeted costs for Fiscal Year 2000. Utility staff provided the bases for allocating costs in each cost center, as listed below: · Water Distribution: 100 percent to the water system; · Public Water Operations (treatment): 100 percent to the water system; · Public Water Maintenance: 100 percent to the water system; · Wastewater Collection: 100 percent to the wastewater system; ~I~ Camp Dmsr~ & M¢t(e~ Inc, DRAFT TABLE ~-1 CiTY CF BOYNTON BEACH, FLORIDA ANNUALIZED FISCAL YEAR 1999 OPERATING EXPENSES AND ALLOCATION TO SYSTEMS (1) * Total Allocation to System Cost Center Amount Stsrmwazer Nater Wastawater Water Distribution: Personnel & Related Costs $301.689 $0 $801.689 $0 O perating Expenses 309,510 0 309.510 0 Minor Capital Outlay 160,661 0 160 661 0 Transfers 24.266 0 24,266 0 Total Water Distribution $1,296,127 $0 $1.296,127 $0 Public Water O serations: Personnel & Related Costa $1.034.965 $0 $1.034.965 $0 Operating Expenses: 0 0 0 Electricity 592.123 0 592.123 0 Chemicals 531.376 0 531.376 0 All Other 124,014 0 124,014 0 Minor Capital Outlay 25~206 0. 25.206 0 Transfers 32.238 9 32.238 0 Total Public Water Operations $2,339,921 $0 $2,339,921 $(3 Public Water Malnrenance: Personnel& Related Costs $460.219 $0 $460.219 $0 Oeerating Expenses 190.723 0 190.723 0 Minor Capital Outlay 54.893 0 54.893 0 Transfem 14.824 0 14.824 0 Total Public Water Maintenance $720,659 $0 $720,659 Wastewater Collection: Personnel & Related Costs $625.322 $0 $0 $625.322 Operating Expenses 152,141 0 0 152,141 Minor Capital Outlay 217.525 0 0 217.525 Transfers 16.374 0 0 16.374 Total Wastewatar ColisctJon $1,011.362 $0 $0 $1.011.362 Wastewater Pum~ino Stations: Personnel & Related Costs $532,562 $0 $0 $53?_562 Operating Expenses: Electrfcity 160.943 0 0 160.943 Chemicals 69.569 0 0 69.569 All Other 146.804 0 0 148.804 V[inor Capital Outlay 106.866 0 0 106.866 Transfers 14.705 0 0 14.705 Total Wastawater P.S. $1.031.449 $0 $0 $1.031 .~9 Waatewater Treatment Plant Contractual Sen,~ces $2.024,567 $0 $0 $2.024.567 Other Operating Expenses (332,972) 0 0 (332.972) Minor Capital Outlay 0 0 0 0 Transfers 0 0 0 0 Total Wastawater Plant $1.691.694 $0 $0 $1.691.594 L.aoera~orv Services: Persennel & Related Costs $237.450 $0 $237.450 $0 Operating Expenses 88.387 0 88.387 0 Minor Capltat Outlay 29.612 0 29.612 0 Transfers 8.066 0 8.066 0 Total Laboratory Services $363.51'5 $0 $363.516 Footnotes on following page. Rate_Study.;~s Section 4 1/22/00:11:00 AM DRAFT TABLE 4-1 (Corrfinued) CITY OF BOYNTON BEACH. FLORIDA ANNUALIZED FISCAL YEAR 1999 OPERATING'EXPENSES AND ALLOCATION TO SYSTEMS ',1 ) Tote Allocation to System Cost Center Amount Stormwatar Water Wastswater Utiiity Construction: Personnel & Related Costs $209.186 $69.729 Oper~ating Expenses 41.142 13,714 Minor Capital Outlay 141 219 47.073 Transf~s 7,342 2~447 Total Utility Constru~on $398,889 $132.963 $69.729 $69,729 13.714 13,714 47.073 47,073 2.447 2.447 $132.963 $182,963 Util~ Administration: Personnel & Related Costs $971.816 $46.144 $522,758 8402.914 Operating Expenses 292,802 13 903 157.504 121.396 Minor Capital Outlay 34.~26 1,654 18,734 14,439 Transfers 35.261 1.874 18,967 14.619 Total Utility Administration $1,334~706 $63,375 $717.983 $553,367 General Administration: Personnel & Related Costs $0 $0 $0 $0 Operating Expenses 30.238 1.436 16.265 12.536 Minor Ca~sitst Outiay 2.804 133 1,509 1.163 Transfers 5.909.249 280.587 8.178.894 2.449.967 Total General Administration 85.942.291 $282 156 83.196,468 $2,483,666 Stormwater Maintenance: Personnel & Related Costs $214,266 $214.268 $0 $0 Operating Expenses 94.414 94.414 0 0 Minor Caoitst Outlay 58,249 58.249 0 0 Transfers 5.806 5.806 0 0 Total Stormwater Maintenance $372.734 $372,734 $0 $0 Customer Relations: Personnel & Retatsd Costs $269,227 $89.742 $89.742 $89,742 Operating Expenses 154.634 51.545 51.545 51,545 Minor Capttal Outlay 0 0 0 0 Transfers 4,595 1.532 1.532 1.532 Total Customer Relations $428.456 $142.819 $142,819 $142.819 Cashiedna: Personnel & Related Costs $136.873 $45.524 $45.524 $45,524 Operating Expenses 7.165 2,388 2.388 2.388 Minor Capital Outlay 0 0 0 0 Transfers 254 85 85 85 Total Cashiering 8143.993 $47.998 $47.998 $47.998 City Hall atthe Mall: Personnel & Related Costs $25,223 $8.408 $8.408 88.408 Operating Expenses 4.240 1.413 1.413 1 413 Minor Capital Outlay 0 0 0 0 Transfers 91 30 30 30 Total Cashiering $29,554 $9,851 $9,851 $9.851 (1) Taken from City's Summary Budget Report for easi? cost center shown Alloostion to each system based on,information provided by City stsff. J Costs annualized by multiplying 10 mont~s of costs by 12/10 s. For electricity and chemicals. 11 months and 12 months, respectively, of actual exoenses used. Rate_ Study.xla Sectla~ 4 1/22/00:11:04 AM DRAFT TABLE 4-2 CITY Of BOYNTON BEACH FLORIDA BUDGETED FISCAL YEAR 2000 OPERATING EXPENSES AND ALLOCATION TO SYSTEMS (1) * Total Allocation to S/stem Cost Center Amount Stormwamr Water Wastewater Water Distribution: Personnel & Related Cos[s Oeerating Expenses Minor Capital Outlay Transfers Total Water D~ributio~ 5860,889 $0 $860.989 50 549.227 0 549,227 0 131.400 0 131,400 0 15.370 0 15.370 0 $1.556.986 $0 $1_556:986 $0 Public Water Ooerations: Personnel& Related Costs $1.078.776 $0 $1,078,776 $0 Operating Expenses: Electricity 650.000 0 650.000 0 Chemicals 558,000 0 558.000 0 All Other 175.573 0 Minor Caoital Outlay 0 0 6 Transfers 21.767 0 21,767 0 Total Publi~ Wate~ Operations $2,484/116 $0 $2,484.1~B $0 Public Water Melrttenance: Personnel & Related Costs $536.242 $0 $536,2~.2 $0 Operating Expenses 227.508 0 227.608 0 Vlinor Capital Outlay 82,000 0 52.000 0 Transfers 9,823 0 9.823 0 Total Public Water Maintenance $835,573 $0 ~5,573 $0 Wastewster Collection: Personnel & Related Costs 5717.5.~0 $0 $0 5717.590 Operating Expenses 293.050 0 0 293,050 Minor Capital Outlay 158.700 0 0 158.700 Transfers 12.978 0 0 12.978 Total Wastewater Collection $1,182,318 $0 $0 $1.182.318 Wastewatar Pumelna Stations: Pemonnel & Related Costs $526.291 $0 $0 $526.291 Operating Expenses: Electricity 200.000 0 0 200.000 Chemicals 200,0~0 0 0 200.000 All Other 443,299 0 0 443,299 Minor Cao~tal Outlay 358,200 0 0 356.200 Transfers 8.802 0 0 8.802 Total Wastewater P.S 51.734~592 $0 50 $I ,734.592 Wastewater Tree[men/Plant: Contractual Services $2.000.{:~O 50 50 $2,000.000 Other Oeemting Expenses 0 0 0 0 Minor Capital Outlay 15.000 0 0 15.000 Transfers 0 0 0 0 Total Wastewater Plant $2,015.000 50 $0 $2,015.000 Personnel & Related Costs $253.610 $0 5253.610 $0 Operating Expenses 66,13~ 0 66.138 0 40,15(~ 0 40.150 0 Minor Caeitai Outlay Transfers 5.3 0 5.308 0 Total Laboratory Services $365.2{7~ 50 $365.206 50 * Footnotes on following page. Rste_Study.xls Section 4 1122/00:11:04 AM DRAFT TABLE 4-2 'Continued~ CITY OF BOYNTON BEACH FLORIDA BUDGETED FISCAL YEAR 2000 OPERATING EXPENSES AND ALLOCATION TO SYSTEMS (1) ' Total Allocation to System Cost Center Amoun~ Stormwa~er Water Wastewater Utility Construction: Personnel & ReIatad Costs $264,797 $88.266 $88.266 $88.265 Operating Expenses 83.015 27.672 27.672 27,872 Minor Caeital Outlay 12.400 4.133 4.133 4.133 Transfers 5.073 1.691 1.691 1.691 Total Utility Construction $365~285 $121,762 $121.762 $121.762 Utili~ Administration: Personnel & Relatea Costs $1,063.779 $57.675 $534 674 $471.430 Operating Expenses 281,075 15.239 141.273 124,563 Vlinor CapWat Outlay 67,850 3.679 34,103 30.069 Transfers 15~865 860 7.974 7.031 Total Utility Administration $1,428~569 $77~453 $718~023 $635~092 General Administration: Personnel & Related Coszs $10,000 $542 $5.026 $4.432 Operating Expenses 27,600 1.496 13,872 12.231 Minor Car~itai Outlay 0 0 0 0 Transfers 4,973,6~15 269.656 2,499.825 2,204,134 Tota{ General Administration $5~011.215 $271~695 $2~518~723 $2,2207797 Stormwatsr Maintenance: Personnel & Related Costs $235.737 $235.737 $0 $0 Operating Expenses 195 671 195,671 0 0 Minor Capital Out]ay 115.800 115.800 0 0 Transfers 3 901 3.90I 0 0 Total Stormwater Maintenance $551~I09 $551~109 $0 $0 Customer Relations: Personnel & Related Costs $339,374 $113,125 $113.125 $113 125 Operating Expenses 388.046 129.349 129.349 129.349 Minor Ca~itsi Outlay 82.000 27.333 27.333 27.333 Transfers 541 180 180 180 Total Customer Relations $809.961 $269r987 $269.987 $269,987 Cashierinq: Personnel & Related Costs $120 338 $40,113 $40,113 $40.113 Operating Expenses 3.504 1.168 1.168 I 168 Minor Capital Out[ay 2.000 667 667 667 Transfers 101 34 34 34 Total Cashiering $125~943 $41 ~ 981 $41.981 $41 ~ 981 City Hall atthe Mall: Personnel & Related Costs $27,206 $9.069 $9.069 $9.069 Operating Expenses 9.716 3.239 3.239 3.239 Minor Capital Outlay 0 0 O 0 Transfers 99 33 33 33 Total Cit~ Hall atthe Mall $37~Q2rl $12~340 $12~340 $12~340 (1; Taken from City's Summary Expenditures - Budget ~ear 1999 - 2000 for each cost center shown. Allocation to each system based on information provided by City staff Rate_Study ~s Section 4 1/22~00:11:05 AM Section 4 Project of Revenue Requirements · Wastewater Pumping Stations: 100 percent to the wastewater system; · Wastewater Treatment Plant: 100 percent to the wastewater system; · Laboratory Services: 100 percent to the water system; · Utility Construction: 33 percent to each system; Utility Administration and General Administration: a multi-step process is used to compute this allocation. Fi[st, the total Operating expenses for all cost centers except Utility Administration and General Administration are summed for each of the three systems. Then, the sum for each system is divided by. the sum for the combined systems to yield a perc _eaxt. age. This~percentage is then used to allocate all of the line items to each of the three systems. · Stormwater Maintenance: 100 percent to the stormwater system; · Customer Relations: 33 percent to each system; · Cashiering: 33 percent to each system; and, · City Hall at the Mall: 33 percent to each system. 4.2.2 Projected Operating Expenses To project operating (or "current") expenses, the budgeted expenses for Fiscal Year 2000 are used as the base and escalated to reflect the anticipated effects of growth and inflation. Table 4-3 projects operaling expenses for the stormwater system by cost center and classification. All costs associated with the stormwater system are considered fixed, and thus escalated only by the effects of inflation. For purposes of this study, inflation is assumed to be at a rate of thzee percent annually. As can be seen, projected costs are rounded off to the nearest $1,000 begirmmg in Fiscal Year 2001. Table 4-4 projects operating expenses for the water system by cost center and classification. Electricity and chemicals under Public Water Operations are considered to be variable costs, which are affected both by inflation and system growth. Hence, the budgeted Fiscal Year 2000 costs for these two line items are escalated by the system growth projected in Table 2-1, and compounded by inflation, assumed to be three percent annually. All other costs are considered to be fixed, and are escalated only by the three' percent annual inflation factor. Projected costs are rounded off to the nearest $1,000 beginning in Fiscal Year 2001. Table 4-5 projects operating expenses for the wastewater system by cost center and classification. Electricity and chemicals under Wastewater Pumping Stations are Camp Dres~ & McKee Inc. 4-6 DRAFT Cost Center Utility Construction: Personnel & Related Costs (3) Operating Expenses (3) Transfers (3) Total Utility Consb'uctien Utilit~ Administration: Personnel & Related Costs (3) Operating Expenses (3) Transfers (3) Total Utility Administration TABLE 4-3 CITY OF BOYNTON I~EACH, :LOR DA STORMWATER. WATER AND WASTEWATER RATE STUDY PROJECTION OF STORMWATER SYSTEM CURRENT EXPENSES Fiscal Year Actual ' Budget Proiected 1999 (1) 2000 (2) 2001 2002 2003 2004 $69.729 $88,2~6 $91.000 $94.000 $97.000 $100.000 13,714 27,6~72 29.000 30.000 31,000 32.000 2.447 1,691 2.000 2.000 2.000 2 000 $85.890 $1t7.628 $I22,000 $126.000 $130.000 $134.0C0 $46.144 $57.875 $59.000 $81.000 $63,000 $65.000 13.903 15.239 16.000 16.000 16.000 16.000 1 674 860 1.000 1,000 1 .(300 1.000 $61_722 $ 73~7'?'5 $76,000 $78.000 $80.000 $82.000 Generst Administration: Personnel & Related Costs [3) $0 $542 $1.000 $1.000 $1.000 $1,000 Operating Expenses (3) 1,436 1.496 2,000 2,000 2.000 2.000 Transfers (3) 280.587 269.656 278,000 286.0g0 295.000 304.000 Total General Administration $282.023 $271,695 $281 .O00 $289.000 $298.000 $307,000 Stsrmwater Maintenance: Personnel & Related Costs (3) $214.266 $235.737 $243.000 $250.000 $258.000 $266.000 Operating Expenses (3) 94,414 195,671 202,000 208.000 214,000 220.000 Transfers (3) 5,806 3.901 4.000 4.006 4.000 4,000 Total Stormwater Maintenance $314.485 $435,309 $449.000 $462.000 $476,000 $490.000 Customer Relations:. Personnel & Related Costs (3) $89.742 $1 I3 125 $117.000 $121.000 $125000 $129.000 Operating Expenses (3) 51.545 129.3,~9 133.000 137,000 141,000 145.000 Transfers ~3't 1,532 180 0 0 0 0 Total Customer Relations $142.819 $242.654 $250.000 $258,000 $266.000 $274.000 Cashiednq: Personnel & Related Costs (3) $45,524 $40,113 $41.000 $42.000 $43.000 $44,000 Operatir~g Expenses (3) 2.388 1.168 1.0OO 1,000 1.000 1.000 Transfers (3) 85 34 0 0 0 0 Total Cashiering $47.998 $41.3~J4 $42,000 $43,000 $44,000 ~;4B.000 City Hall at the Malk Personnel & Related Costs (3) $8.408 $9,069 $9.000 $9.000 $@.000 $9.000 Operating Expenses (3) '1.413 3.239 3.000 3.000 3.000 3.000 Transfers (3) 30 33 0 0 0 0 Total City ~all at the Mall $9.851 $12,340 $12.000 $12.000 $12,000 $12,000 Grand Total Current Expenses $944.788 $1.194715. $l.232.000 $1.268.000 $1.306.000 $1.344.000 * Footnotes or following page. Rate_Study.xls Section ~4 1/22/00:11:07 AM DRAFT Footnotes to Table 4-3: (ii Taken from Table 4-1. (2) Taken from Table 42. (3) Considered a fixed cost. Inflated beyond Fiscal Year 2000 at an annual rate of: 3.00% . ~ate_Study.×is Section 4 1/22/00'1'1:07 AM DRAFT Elect dci'6' (4) Chemicals (4) All Other Transfem Total Pubtic Water Ooem[lens Personnel & Reltaed Costs Operating Expenses (3) Transfers 3) Personnel & Related Costs Operating Expenses Transfers (3) ACtual Budget pmiected 1999 (1} 200O (2} 2001 2002 2003 2604 $801.689 $860.989 $887000 $914. QOg $941.000 $969.000 309.510 549.227 586.000 583.000 800.000 618 OOO 24,266 15r370 18~000 16.000 18~000 16~000 $11t 35,465 $1 425i586 $1~480~000 $1,513,000 $1,5571000 $t,803,000 $1034.966 $%078 778 $1,111,000 $1.144.000 61 178000 $t.213.000 592.123 850,000 883.000 718000 755.000 794000 531 376 558.000 587.000 617.000 849000 682.000 124.014 175,8~3 181.000 186.000 192,060 198000 32~238 21,7 7 22~000 23t000 24~000 25~600 $2~314~716 $2~484~d16 $2T584,000 $21~&OOO $~798f000 $2~912~000 $460.219 $538.2~2 $552,000 $569,000 $586.000 $604.000 190.723 2275d8 234.000 24%008 248.000 255.000 14 824 9~823 10~000 lO~OOO 10~000 10~000 $6651766r $773r5713 $796~000 $820~000 $844~000 $869~000 Personnel & Re~ated Costs (3) $0 ~5,028 $~.000 $5 000 $5.000 $5.000 Operating Expenses (3) $89.742 5113,125 $117.000 $121.000 $125,000 $129000 $51,545 129.349 133.000 137 000 141.000 145000 1~532 18~ ) 0 0 0 $45.524 640,11~ $41,000 $42.000 $43.000 $44000 2.388 1.168 1,000 1.000 1 000 1.000 85 34 0 0 D 0 $47,996 $41,314 $A2 000 $43r000 $44.000 $45~080 $8.406 $9,06~] $9000 89.000 $9.000 $9 000 1 413 3.23~J 3.000 3000 3.000 3000 30 33 0 O 0 3 $9.861 $12t340 $12~00( $12.000 $12t000 $12~000 $8r830~597 S8~624,911 $8,908,000 $9~261T000 $9~504,000 $9~817~000 DRAFT Footnotes to Table 4-4: (1) Taken from Table 4-1 "2~ Taken from Table 4-**::;', (3) Considered a fixed cost. Inflated beyond Fiscal Year 2000 atan annuaJ rate of: (4~ Considered a vedablecos~, lnflated beyond FiscalYear2000 at an annuairate of: of water demands using the annual percentage growth rates set forth in Table 3.00% . 3.00% , compounded by growth Rate_Study.x~s Section 4 1/22/00:11:08 AM DRAFT Cost Center TABLE 4-9 CITY OF BOYNTON BEACh. FLORIDA STORMWATER WATER AND WASTEWATER RATE STUDv PROJECTION OF WASTEWATER SYSTEM CURRENT EXPENSES Fiscal Year ActUal Budget Proiected 1999 (17 2000 (27 2001 2002 2003 2004 Wastewater Collection: mersonnel & Related Costs (3) $625,322 $717,690. $739.000 $761.000 $784.000 $808.000 Operating Expenses (3~ 152.141 293.050 302.000 311.000 320.000 330.000 Transfers 3) 16.374 12.978 13.000 13`000 13.000 13.000 Total Wastewater Collagen $793.837 $1.023.619 $1,054.000 $1,085.000 $1.117,000 $1,151.000 Personnel & Related Costs (3) Operating Expenses: Bectficity (4) Chemicals (4) Ail Other (3) $532.562 $526~91 $542.000 $558.000 $575.000 $592.000 160.943 200.000 210.000 221.000 232.000 244.000 89,569 200.000 21000O 221.000 232.000 244.000 148.804 443.299 457.000 471 `000 485.000 500.000 14.705 8,802 9.000 9000 9.000 9.000 $924.684 $1,378~392 $1,428.008 $1.480.000 $1.533.000 $1.589.000 Wastewater Treatment Plant: Contractual Services (5) $2.024.567 $2.000.000 $2.068.000 $2.139.440 $2,213,363 $2.289.814 Other Ooerat[ng Expenses (3) /332.972) 0 0 0 0 0 Transfers (3) 0 0 0 0 0 0 Total Wastewater Plant $1.691.594 $2,000.000 $2,068,009 $2.139,440 $2.213.363 Uti[iN Construction: Personnel & Related Costs (3) $69.729 $88.296 $91.000 $94.000 $97,000 $100,000 Operating Expenses (3) 13.714 27,672 29.000 30.000 31.000 32.000 Transfers (3) 2,447 1.691 2.000 2.00C 2.000 2.000 Totsl Utility Co nstr4cao n $85.890 $117.628 $122.000 $126.000 $130.000 $134,000 Uti]iN Administration: Personne & Related Costs (3) $402.914 $471.430 $486,000 $501.000 $516.000 $531 000 Operating Expenses (3) 121.396 124.563 128,000 132.000 136.000 140.000 Transfers (3) 14.619 7.031 7,000 7.~00 7.000 7.000 Total Utility Administhafion $653,367 $603.024 $621.009 $640.000 $659.000 $678.000 General Administration; Pemonnel & Related Costs (3) $0 Operatfng Expenses (3) 12.536 Transfers (3) 2.449.967 Total General Administration Customer Relations: Personnel & Related Costs (3) Ooerating Expenses (3) Transfers (3) Total Customer Relations Cashierinq: Personnel & Related Costs (3) Operating Expenses (3) Transfers (3) Total Cashiedng C~bz Hall at the Mall: Pemonnel & Related Costs (3) Operating Expenses Transfers (3) Grand Total Current Expenses Footnotes on following page. $4.432 $5:000 $5.000 $5.000 $9.000 12.231 13.000 13`090 13.000 13,000 2,204.134 2.270.000. 2,338.000 2.408.000 2,480.000 $2.463.666 $2,220,797 $2.288.009 $2.356.000 $2.425.000 $2.498,000 $89.742 $113.125 $117,000 $121.000 $125.000 $129.000 51.545 129.349 133,000 137.000 14t.000 145.000 1.532 180 0 0 0 0 $142,819 $242.854 $250.000 $258.000 $266.00~: $274.000 $45,524 $40.113 $41 ~000 $42,000 $43,000 $44.000 2~388 1.168 1.000 1.000 1.000 1.000 88 34 0 0 0 0 $47.998 $4~ 314 $42.000 $43,000 $44`000 $45.000 $8.408 $9.069 $9,000 $9.000 $9.000 $9.000 1 _413 3.239 3.000 3.000 3.000 3.000 30 33 0 0 0 0 $9,851 $12.340 $12.000 $12.000 $12.000 512.000 $6.713.607 $7,639.768 $7.886.000 $8.139.440 $8.400.363 $8.670,814 Rate_Study~s Section 4 1/22/00:11:09 AM © DRAFT =oetnotes to -able 4-5: (1) Taken from Table 4-I. (2) Taken from Table (3) Considered a fixed cost. Inflated beyond Fiscal Year 2Q00 at an annual rate of: 3.00% (4) Considered a variable cost. Inflatee oeyond Fiscal Year 2000 at an annual rate of: 3,00% . compounded by growth of water demands u=ing the annual percentage growth rates set forth in TabJe 2-1. (5) Of total budgeted costs for Fiscal Year 2000. 20% considered to be variable, and 80% considered to be fixed. Each comoonem oro,[ectad as described in feotnotos (4) and (3). respectively. Rate_study,xls Sestion 4 1/22/00:11 :o9 AM Section 4 Project of Revenue Requirements considered to be variable costs, which are affected both by inflation and system growth. Hence, the budgeted Fiscal Year 2000 costs for these two line items are escalated by the system growth projected in Table 2-1, and compounded by inflation, assumed to be fftree percent annually. Also, 20 percent of the Wastewater Treatment Plant contractual services line item is considered to comprise variable costs, which are projected in thesame manner. All other costs are considered to be fixed, and are escalated only by the three perce~t annual inflation factor. Projected costs are rounded off to the nearest $1,000 begirming in Fiscal Year 2001. 4.3 Existing Debt Service Currently, the City has two reven~e bond debt issues outstanding with respect to the utility systems, th~ Ser/e~ !~92 ReVenue Bonds amd the Series 1996 Rev6nue Bonds. City staff hasprovic~ed informatiOn concerning the application of the proceeds of these t~o debt issues t0the three systems. This information has been used to allocate the debt serv~ca ass0.~iated wifttX tlie debt issues to each of the systems, as shown in Table 4-6. The annual principal an.d interest payments have been taken &om the Official Statement for fJ~e Ser~s ~[99~;Utility System Revenue Bonds. 4.4 Renewal and ReplacemenLProgram The City has also provided b~dgeted and projected expenditures with respect to its renewal and replacement program for the water and wastewater systems. For Fiscal Year 1999, budgeted values are used. 2Jhereaffer, armual estimates of renewal and repIacement expenditures in.oTables 6 and 7, respectively, of the document rifled "Proposal and Funding~Plan~ ~ug~/st 1999, Opporhmity for Utilities Expanmon (Period: 2000 - 2004)," are used a~.the basis for projections in the rate study. Annual costs from those tables have ~een escalated at three percent m'muaily to reflect the anticipated effects of inflation. The City has no renewals and replacements budgeted or projected with respect to the stormwater systerm All stormwater system costs are considered as operating expenses, minor capital expenditures, or capital improvements. Table 4-7 presents the projections of renewal and replacement expenditures concerning the water systerm Included in this table are projections of funding sources. Of the total available monies in the Renewal, Replacement and Improvement (RR&I) Account as of the beginning of Fiscal Year 1999, $3,600,000 is apportioned to the water system. Transfers in from operations, discussed subsequently in Section 5, are the other source of funding for renewals and replacements. Table 4-8 presents the projections of renewal and replacement expenditures with respect to the wastewater system. Included in this table are projections of funding sources. Of the total available monies in the RR&I Account as of the beginning of Fiscal Year 1999, $463,261 is apportioned to the wastewater system. Transfers in from 4-13 DRAFT TABLE 4-6 CITY OF BOYNTON BEACH FLORIDA STORMWATER. WATER ANDWASTEWATER ENTERPRISE FUND RATE STUDY EXISTING DEBT SERVICE REQU/RE'M'ENTS AND ALLOCATIONS TO SYSTEMS Item Series 1992 Revenue Bonds: Total Annual Principal & Interest (1) Amount Allocated To: Stormwater System (2) Water System (3) Wastewater System (4) 1999 Series 1996 Revenue Bonds: Total Annual Principal & Interest (1) Amount Allocated To: Stormwater System [5) Water SysTem (6) Wastewater System (7) Fiscal Year 2~00 2001 2OO2 2003 2004 $1,410,938 $1,410,938 $1,410,938 $1,410,938 $1.410 938 $1.410.938 0 0 0 0 0 0 1.269 844 1.269 844 1.269,844 1,269 844 1.269.844 1,269,844 141 094 141 Q94 141,094 141,094 141.094 141 094 $1,203,223 $1,203,223 $2.418,223 $2.412,333 Total Existinl:l Debt Service: Total Annual Principal & Interest (8) Amount Allocated To: Stormwater System (9) Water System [9) Wastewater System (9) $2.417.878 $2.664.038 440,861 440,861 886.037 883.879 885.910 976.104 298 038 298.038 598.994 597.535 598,908 659.882 464 324 464.324 933.192 930.919 933,059 1,028,052 $2.614 161 $2,614,161 $3.82S 161 $3,823,271 $3,828 816 $4,074,976 440.861 440,861 886,037 883.879 885.910 976 104 1,567,883 1.567.883 1.868.838 1.867.379 1,868.753 1,929 726 605,418 605.418 1,074 286 1,072 013 1,074,153 1.169.146 (1) Taken from page 17 of Officia Statement for Sones 1996 Utility System Revenue Bonds. (2] Based-on information furnished by City staff, percentage associated with system is: 0.00% (3J Based on information furnished by City staff, percentage associated with system is: 90.00% (4) Based on information furnished by City staff, percentage associated with system is: 10.00% {5j Based on information furnished by City staff, percentage associated with system ia: 36.64% (6) Based on information furnished by City staff, percentage associated with system is: 24.77% (7) Based on information furnished by City staff, percentage associated with system is: 38.59% (8) Equals sum of annual principal and interest for Series 1992 Bonds plus Series 1996 Bonds (9) Equals sum of annual principal and interest for Series 1992 Bonds olus Series 1996 Bonds allocated to systems as shown. Rate_Study.xls Section 4 1/22/00 11:11 AM DRAFT TABLE4-7 CITY OF BOYNTON BEACH FLORIDA STORMWATER, WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY WATER SYSTEM RENEWAL & REPLACEMENT PROGRAM Item FJsca Year 1999 2000 2001 2002 2003 2004 Sources of Funds: RR&I Account Beginning Balance (1) Transfer from Operations (2) nterast Earnings (3) Total Sources of Funds Uses of Funds: (4) Replace Membrane Elements - West WTP Telemetry Pumps & Adustable Speed Drives - West WTP ' Well Rehab. Program 14 wells/year) Sludge Pump Repl. Program (E.WTP, 2/year) Slaker Replacement (E,WTP) Electric Valve Actuator Replacement High Service Pump Replacement Replace Computer Equipment Scrubber and Chemical Pump Replacement Water Main Replacement Water Meter Replacement Recoating Aedal Crossings Replace Computer Equipment Subtotal Allowance for Contingencies (2% of Subtotal) Total Uses of Funds Endin,q Balance: (5[ $3,600.000 42,992 116 42,652,385 $1,985,333 41,372 913 $829.433 347~856 675,169 659 968 701.340 714.180 728,040 0 0 0 0 0 0 $3 947.856 $3 667 285 $3,312~353 $2,686 673 $2,087,093 $t,557,473 $100.000 452.000 $106.000 $109.000 $113.000 $116,000 5.000 0 0 0 0 0 50,000 0 80,000 0 0 0 70,000 82,000 85,000 93.000 96,000 99.000 4,000 6,000 5,000 5,000 6,000 6,000 0 0 64,000 0 0 0 15,000 0 0 0 0 0 40,000 46.000 53.000 44.000 45.000 46,000 103,000 31,000 11,000 11,000 11.000 12,000 40.000 0 11,000 11.000 23.000 23.000 200,000 412,000 424,000 437.000 450,000 464.000 300.000 309,000 424,000 437,000 450,000 464,000 0 26,000 27,000 27,000 28,000 29.000 5,000 31,000 11 tOO0 11 ~000 11.000 12,000 $937,000 $995.000 $1,301,000 $1,288,000 $1,233,000 $1,271,000 18,7.40 .19,9,00 26 020 25 760 24,660 25,420 ....~955i'~`40 $1,o!470o $1,327,020 $1,313,760 $1,257,660 41,296,420 $2,~92,116 $;2,652,3~8~5 $1,985,333 . $1,372,913 $829,433 4261,053 (1) For Fiscal Year 1999, equals portion of 10/1/98 balance allocated to Water system, Thereafter, equals Ending Balance from prior year. (2) For Fiscal Year 1999, equam portion of amount recommended by City s consumng engineer of $1.182,500. Thereafter, equals Total Revenues frorr preceding year from Table 5-5 multiplied by 6.0%. (3) Included in interest earnings in Table 5-5 (4) Fiscal Year t999 taken from City's "Bqdget Year 1998-99. Utilities Renewal & Replacement - Water''. Futura years taken from Proposal and Funding Plan, August 1999," Tab.e 6. and escalated bY 3% annually eeyond their 1999 levels as estimated by the City (5) Equals Total Soumes of Funds less Tota. Uses of Funds. Rate_Study.xls Section 4 1/22/00'11:12 AM DRAFT TABLE CITY OF BOYNTON BEACH. FLORIDA STOR~WATE ~R,_WAT.ER ~ND WA. STEWATER ENTERPRISE FUND RATE STUDY WASTEWATER SYSTEM RENEWAL & REPLACEMENT PROGRAM Fiscal Year item 1999 2000 2001 2002 2003 2004 Sources of Funds: RR&I Account Beginning Balance (1) Transfer from Operations (2) '-Interest Earnings (3) Total Sources of Funds uses of Funds: {4) Insituform Sewer Main Repair Sewer Main and Manhole Renewal/Replacement Purchase 28 Replacement Pumps Each Year Replace Computer Equipment Convert Dry Pit Pumping Stations to Submersible Receating Aerial Crossings Subtotal Allowance for Contingencies (2% of Subtotal) Total Uses of Funds Endinq Balance: (5) $463,261 $1,048,005 $1,354,929 $1,383,253 $1,405,573 $1,420,813 834,644 681,264 689,284 731,220 744 540 758,940 0 0 0 0 0 0 $1,297,9~5 $1~729,269 $2,044,213 $2,114~4Z3 $2,150.113 $2,179,753 $90,000 $155,000 $212,000 $219,000 50.000 52,000 106,000 137.000 100.000 103,000 159,000 164,000 5.000 31,000 11,000 11,000 0 0 133.000 137,000 0 26,000 27,000 27,000 $245,000 $367,000 $648,000 $695,000 4,900 7,340 12,960 13,900 $249.900 $374,340 $66¢,960 $708,900 $1,048~005 $1,354,929 $1.383 253 $1,405,573 $225,000 $232,000 141.000 145,000 169 000 174,000 11,000 12,000 141,000 145,000 28,000 29,000 $715,000 $737,000 14,300 14.740 $729,300 $751,740 $1,420,813 $1,428,013 (1;) Fei Fiscal Y_ear 1999, equals portion of 10/1/98 balance allocated to wastewater system. Thereafter, equals Ending Balance from prior year. (2) For Fiscal Year 1999~ equals balance of total amount recommended by City's consulting engineer of $1,182,500. Thereafter, equals 6.0% of Total Revenues from preceding year from Table 5-6. (3) Included in interest earnings in Table 5-6. (4) Fiscal Year 19.99 taken from City's "Budget Year 1998-99, Utilities Renewal & Replacement - Wastewater". Future years taken from "Proposal and Funding Plan, August 1999," Table 7, and escalated by 3% annually beyond their 1999 levels as estimated by the City. (5) Equals Total Sources of Funds less Total Uses et Funds. Rate_Study.xls Section 4 1/22/00; 11:17 AM Section 4 Project of Revenue Requirements operations, discussed subsequently in Section 5, are the other source o£ funding for renewals and replacements. It is important to note that while the ending balance for the water system declines over time the balance for the wastewater system is actually expected to grow slightly over time. In addition, the City has the Utility General Account, which may be used for lawful purposes of the utility-system, including renewals, replacements and improvements. As of the beginning of Fiscal Year 1999, the balance in this Utility General Account was $17,497,411, and it continues to grow. Hence, more than adequate funding~ availgble for any, necessary renewals and replacements, and thus rate pressure should not be created artffidally.to achieve a certain level of annual transfers from operations into the RR&/Account, particularly with respect to the water system. 4.5 Capital Improvement Program 4.5.1 Stormwater System The stormwater system capitalimprovement programis presented in Table 4-9. The capital expenditures are grouped as being financed either by construction funds from the Series 1996 Revenue Bonds, or from other sources, including proceeds from the anticipated Series 2000 Revenue Bonds. It should be noted, however, that the most efficient use of available funds on hand, subject to maintaining adequate reserves, may be the application of existing non-restricted reserve funds to some of the costs previously identified for funding by the Series 2000 Revenue Bonds. The upper portion of Table 4-9 presents the anticipated sources of funding for the capital improvements, including assumptions as to the application of monies on hand in the Series 1996 Construction Fund and the Utility General Account. All available momes from the Series 1996 Construction Fund after their application to the water and wastewater capital improvement programs are applied to the storrnwater system. Investment earnings are e~timated based on the average annual balance of available funds assumin~ a 4.5 percent interest rate. Cost irfformation for the various projects was provided by City staff. Recent estimates for design/build were used to estimate the annual expenditures associated with the Phase 1 Downtown Improvements. 4.5.2 Water System The water system capital improvement program is presented in Table 4-10. For each project, C~ty staff has estimated the percentage associated with capacity expansion to serve new customor growth in the water systen% Costs shown in Table 4-10 are total capital costs estimated by the City for each project. Camp D~esser & McKee Inc. 4-17 DRAFT TABLE 4-9' CiTY OF BOYNTON BEACH. FLORIDA STORMWATER. WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY STORMWATER SYSTEM CAPITAL IMPROVEMENT PROGRAM Fiscal Year item 1999 2000 200~ 2002 2003 2004 Sources of Funds: Balances Applied: Series 1996 Construction Fund Utility Ge~qeral Account Total Beginning Balance [1) Series 2000 Bonds Construction Fund (2) Net Revenues from Operations (3) Fee-In-Lieu-Of Capital Charge Receipts (4) Interest Earnings (5) Total Sources of Funas Uses of Funds: Series 1996 Bond Projects: (6) Phase 1 Downtown Improvements SW 4th Ave. to BB Blvd., 1-95 to Seacrest Intracoastal Ouffalls to be Replaced/ Relined & Oil/Grit Separator Swale Development French Drain Const. ~ Exfiltration Trench Total Series 1996 Bond Projecrs Other Projects: [7) Industrial Ave./Lake Boynton Estates Dr. Swale Redevelopment City-Wide Costa Bolla Downtown Stormwater - Phases 2 & 3 Total Other Prolects Total Uses of Funds $13.204.355 $0 $0 $0 $0 $0 0 0 0 0 0 0 $13,204,355 $11.303.651 $17,369,296 $9,927,458 $6468.244 $3,178,520 B 13,160,700 0 0 0 0 0 0 0 0 0 0 0 100,000 100, OOO 100. DO0 100,000 100.000 539,290 630,945 690~662 360,788 212,276 70.291 $~13,~43,651 $25i195,296 $18~069,95B $10~3B8~244 $6~780,520 $3.348,811 $2,180,000 $3,465,000 $1,732,500 $0 $0 $0 120.000 120.000 0 0 0 0 100.000 100,000 200.000 0 0 0 $2,440,000 30.000 50,000 50.000 50,000 0 0 10.000 110,000 100.000 100.000 0 0 $3,845,000 $2,082,500 $150,000 $0 $0 $0 $1.000.000 $2,000,000 $0 $0 $0 0 2.266.000 2.334,000 2,404,000 2,476,000 3,333,000 0 200,000 400,000 0 0 0 0 515,000 1,326,000 1,366,000 1,126,000 0 $0 $3~981;~)00 ~ $6,060,000 $3,770,~00 $3,602,000 $3.333.000 $2~440 000 $7~826~000 $8~142~5~;)0 $3~920~000 $3~602,000 $3~333~000 $11~303,651 $17~369~296 $9,927.458 $6,468~244 $3~178.§20 $15~811 (1) Equals sum of Balances Applied plus Ending Balance from prior year. ;2) Based on preummary analysis from underwriters, with a total issue size of $15.3 million. ',3) No transfer from operations anticipated. (4) Annual receipts estimated by City staff (5) Estimated at a rate of 4.5% on the average balance of funds (6) Taken from Clty'~ "Stormwater Projects Funded'by 1996 Ser~es Bond," E×hib[t B, Page 3, Revised 3/17/99. Costs not escalated. (7) Based on City's "Proposal and Funding Plan, August 1999," Table 3. Costs are escalated at an ani~ual rate of 3% beyond their 1999 levels as esnmatea ay the City. Rate_Study.xis Section 4 1/21/00:2:25 PM DRAFT Project Series 1996 Bond Proiects: (2) Add Office Seace to Replace Portables Add'l. ASR @ 3 MG -ank Mains to Phase Out Prviate Wells Total Series 1996 Bond Pro.~ects Other Proiects: (3) 4 mgd WTP Jprating - Phase 3 Building Expansion ASR Well Nickles Boulevard Site Improvements - Phase 2 Combined Treatment Study 2" Water Main Replacement 12" Water Main - San Castle Overlook Total Other Projects Grand Total Project Costs TABLE 4~10 CiTY OF BOYNTON BEACH. FLORIDA STORMWATER, WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY WATER SYSTEM CAPITAL IMPROVEMENT PROGRAIV Capacity Expansion % (1) Fiscal Year 1999 2000 2004 2002 2003 2004 0% $90g 318 $23.631 $0 $0 $0 $0 100% 0 600.000 0 0 0 0 0% 0 125.000 0 0 0 0 $909 318 $748.631 $0 $0 $0 $0 100% $0 $0 $424.000 $2,185,000 $2,251,000 $5.101.000 100% 3 258,000 265 000 2.732,000 0 0 100% 0 0 53.000 329,000 0 0 0% 0 129,000 0 0 0 0 0% 0 618,000 0 0 0 0% 0 52,000 27,000 0 0 0 0% 0 1.030.000 1.061.000 0 0 0 0% 0 0 000 0 0 $909,318 $5,101,000 000 (1) Estimated furnished by City staff (2) Taken from City's "Potable Water Projects Funded by 1996 Series Bond," Exh~Jt B, Page 1, Revised 3/17/99 Costs not escalated. (3) Based on City's "Preposal and Funding Plan, Augusl 1999," Table 1. Does not include costs prior to Fiscal Year 2000~ Costs are escalated at an annual rate of 3% beyond their 1999 levels as estimated by the City. Rate_Study.xls Section 4 1/21/00:2:25 PM Section 4 Project of Revenue Requirements Table t-ll presents the portion of the water system capital improvement program related to capacity expansion. The cost shown for each project is the total project cost estimated in T~ble 4-9 multiplied by the associated capacity expansion percentage. Water system impact fees, which maybe applied only to capacity expansion related costs, are one Of the sources of ~-unds for the projects. As canbe seen it is assumed $4.1 million from the Utility Gen~ralAccount is applied to fund the projects cost in Fiscal Year 2004. (Alternatively, another series of revenue bonds could be issued.) Beyond Fiscal Year 1999, receipts of water system impact fees are projected at an annual rate half that actu, allyexperienced in Fiscal Yea~ 1999. Annual investment earnings are estimated:based on a 4.~ Percent interest rate applied to the average balance of available funds. The non-ca, pacity expansion portion of the water system capital improvement program is presented in Table 4-12. For ea~c~ project, the annual cost is simply computed as the fotal Cost from, Table 4-10 less the respective cost from Table 4-11. Monies on hartd imm th~ Series ~990 E/and Construction Fund plus a portion of the Series 1996Bonds Construction Fund and the UtiIity General ~ccount are applied to defray the cost~ ~ th~e project. Transfers ~rom the Utility General Accoun~ ire projected for Fis :~ye, ars 2000 and 2001. The same approach is used in project~tg investment earnings is was done in previous tables. 4.5.3 Wastewater System Table 4-13 presAentp the waste>tater system capital improvement program. For each project, city staff ~s provided an estimate of the percentage associated with capacity expansi°n to s~rv~,~tew customer growth. Only the design of the wastewater treatment plant ~on is considered to be capacity expansion related; however, no costs are programmed for this design during the rate study period. The upper portion-of ,Table :i-13, sets forth the sources of ftmding applied to the capital improvement Pr~ts Monies remaining in the Series 1992 Bonds Construction Fund p us a portion 9f ~Sene~ 1996, Bend Construction Fund are applied to defray the dapital costs, Also;'a transfer from the Utility General Account is projected'in Fiscal Year 2003. investment earnings are projected employing the same assumptions as described previoUSly. 4-20 DRAFT TABLE 4-11 CiTY OF BOYNTON BEACH FLORIDA STORMWATER WATER AND WASTEWATER ENTERPRISE FU ND RATE STUDY WATER SYSTEM CAPITAL IMPROVEMENT PROGRAM: CAPACITY EXPANSION PORTION tiem B~lances Applied: Water System Impact Fee Fund Series 1996 Bond ConstructJo. Fund UtiJity General Accel[fit Total Beginning Balance (1) Series 2000 Bands Cons[ructmn Fund (2) Net Revenues from Operations (3) Water System Impact Fees (4) Interest Earnings (5) Total Sources of Funos Uses of Funds: (6) Series 1996 Bond Proiects: Add'l. Office Space to Replace Portables Add'l. ASR ~ 3 MG Tank Mains to Phase Out Prviate Wells Tcta[ Series 1995 Bond Projects Other Proiecta: 4 mgd WTp Upratmg - Phase 3 Building Expansion ASR Well Nickles Boulevard Site Improvements - Phase 2 Combined Treatment Study 2" Water Main Replacement 12" Water Main - San Castle Overlook Total Other Projects Total Uses of Funos Endina Balance; {7) Fiscal Year 1999 2000 2001 2002 2003 2004 $3,450.216 $0 $0 682.000 0 0 0 0 0 0 0 0 0 0 4,100,000 $4,1~2,2~6 $5.770,31'2 $9,868,421 $6.089,555 $1.716,323 $4,307,660 0 0 0 0 0 0 0 0 0 0 C 0 1,420,192 700.000 700.000 700.000 700,000 700.000 217.904 258.109 263,1.34 171.767 42.337 94,822 ~5,770,312 $6,726,421 $6,831,555 $6,961.323 $2,456.690 $~ 102 482 $0 $0 $0 $0 $0 $0 0 600,000 0 0 0 0 0 0 0 0 0 0 $0 $600,000 $0 $0 $0 $0 $0 $0 $424.000 $2,195,000 $2,251.090 $5,101.000 0 258.000 265,000 2.732,000 0 0 0 0 53,000 328.000 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 $0 $258,000 '$742,000 $5,245,000 $2,251,000 $5.10t.000 $0 $858,g0~ $742,000 $5,245,000 $2.251.000 $5,101.000 . $5 770~312 $5,868,421 $6.089,555 $1~716.323 $207,660 $1,482 (I) Eeuals sum of Balances AppJied plus Ending Balance from prior year. (2) Proceeds sized so as [o nave non-negative ending balances in all years. (3) ~ssumed to be $0. (4) Fiscal Year 1999 actual ~sumed to be 50% of Fiscal Year 1999 actua in future years. (5) E~tirr~tad at a rate ef 4.5% on the average balance of funds. (6) Equals respective entries from Table 4-10 multiplied by corresponding Capacity Expansion % (7) Equals Total Sources of Funds less Total Uses of Funds. Rate_Study.x~s Section 4 1/22/0£' 11:23 AM DRAFT TABLE 4-12 CITY Of BOYNTON BEACH FLORIDA STORMWATER. WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY WATER SYSTEM CAPITAL IMPROVEMENT PROGRAM: NON-CAPACITY EXPANSION PORTION Fiscal Year Item 1999 2000 2001 2002 2003 2004 Soqrces of Funds: Balances Applied: Series 1990 Bond Construction Fund Series 1996 Bond Construction Fund Utility General Account Total Beginning Balance (1 Series 2000 Bonds Censtr'Jctien Fund (2) Net Revenues from Operations (3) interest Earnings (4) Total Soumes of Funds Uses of Funds: Sedes 1996 Bond Pmiecm: Add'l. Office Space to Replace Portables Add'l. ASR @ 3 MG Tank Mains to Phase Out Prviate Wells Total Series 1996 Bond Projects Other Pro,ects: 4 mgd WTP Upmting - Phase 3 Building Expansion ASR Well Nickles Boulevard Site Improvements - Phase 2 Combined Treatment Stuoy 2" Water Main Replacement 12" Water Main ~ San Castle Overlook Total Other Projects Total Uses of Funds Endina Balance: $1,512.058 $0 $0 $0 $0 $0 1,170.000 0 0 O 0 0 0 80~000 1,175,000 0 0 0 $2,682,058 $1,952,973 $1,193,729 $102.247 $2.553 $2,668 0 0 0 0 0 0 0 0 0 0 0 0 100,233 43~387 28,518 2~306 115 120 $2,782;291 $1,99§,360 $1,222.~47 $104~553 $2~668 $2~788 $909.318 $23.631 $0 $0 $0 $0 0 0 0 0 0 0 0 125.000 0 0 0 0 $909,318 $148,631 $0 $0 $0 $0 $0 $0 $0 $0 $0 0 0 0 0 0 0 0 0 0 0 0 129,000 0 0 0 0 618,000 0 0 0 0 52,000 27.000 0 0 0 1,030,000 1.061,000 0 0 0 0 32~000 102.000 0 $0 $1~829~000 $1,120,000 $102~000 $0 $909~318 $~977~63f $1,120~000 $I02~000 $0 $1,872,973 $18,729 $102,247 o 0 0 o 0 0 0 $0 $0 $2,553 $2~668 $2.788 (1) Equals sum of Balances Applied plus Ending Balance from prior year. (2) Assumed to be $0 for this analysis. (3) Assumed to be $0 for this analysis. (4) Estimated at a rate of 4.5% on the average balance of funds. (5) Equals respective entries rrom Table 4-10 minus corresponding entry from Table 4-11. (6) Equals Total Sources of Funds Jess Total Uses of Funds. Rate_Study.xls Section 4 1/21/00 2:24 PM DRAFT TABLE 4-13 CITY OF BOYNTON BEACH FLORIDA STORMWATER WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY WASTEWATER SYSTEM CAPITAL IMPROVEMENT PROGRAM Fiscal Year item ' 999 2000 2001 2002 2003 2004 Balances Applied: Series 1992 Bond Construction Fund Sides 1996 Bond Construction Fund Utility General Account Total Beginning Balance (1) Net Revenues from Operations (2) Wastewater System impact Fees (3) Interest Earnings (4) Total Sources of Funds $42,121 $0 $0 $0 $0 $0 1,400,000 0 0 0 0 0 0 0 0 0 90,000 0 $1 442,12t $89~516 $380.552 $289,292 $280.858 $6,174 0 0 0 0 0 0 0 0 0 0 0 0 51,395 28.036 14_740 10.566 6.316 278 $1~493~516 $921~552 $395,292 $299,856 $287,174 $6~452 Uses of Funds Series 1996 Bond Projects: (5) Expansion of WWTP - Design (100% Expansion) $0 Master Lift Station Rahab. 309, 316, 319 (0% Expansion] 500,000 Convert Dry Pit US. to Submersible (0% Expansion) 100,000 Total Sodas 1996 Bond Projects $600,000 Other Projects: (6) Chlorine Study - WWTP (0% Expansion) S0 S0 Total Other Projects Total Uses of Funds $600,0~)0 $0 S0 S0 $0 $0 438,000 0 0 0 0 103,000 106,000 10~ 000 0 0 $541,00~ $106,000 $109,000 $0 S0 $0 $0 $281,000 $0 $0 $0 $281,000 $0 $106,000 $10~i000 $281~000 $0 Endin~l Balance: (7) $893 516 $380,552 $289,292 S190,858 $6~174 $6.452 (1) Equals sum of Balances Applied plus Ending Balance from prior year. (2) Assumed to be 30 for this analys~s. (3) Impact fees are shown as an available source of funding only to me extent that capacity expansion expenditures are projected Currently, approximately $1.7 million of wastewater impact fees are on hand. Their application is restricted to capacity exoansion related exp~(~i~rffs, ~hich !n this table is on~ for design of wastawatar treatment plant expansion, no costs for which are projected (4) Estimated as 4.5% of average annual balance of funds. (5) Taken from ~ity's-"Wastewatar Projects Fu~3~ed by 1996 Sodas Bond," Exhibit B, Page 2. Revised 3117199. Casts are sscalatad at 3.0% annually beyond their 1999 levels as estimated by the City. (6) Based on City's "Proposal and Funding P[an, August 1999," Table 2. Does not include costs prior to Fiscal Year 2000 Costs are escalated at an annual rate of 3% beyond their 1999 ~eve]s as estimated by the City. (7) Equals Total Sources of Funds less Total Uses of Funds. Rate_Study.xls Section 4 1/21/00:2:28 PM Section 5 Projection of Revenues at Prevailing Rate 5.1 Actual and Budgeted Revenues Table 5-1 presents operating revenues for Fiscal Year 1999. Year-to-date revenues for 10 months were annualized by multiplying the actual amounts by 12/10. Input from City staff was used in allocaiing revenues to each of the systems. Table 5-2 shows the budgeted operating revenues for Fiscal Year 2000 and indicates their allocation to earl{ of the systems. City staff provided information to allocate the revenues to each of the three systems. 5.2 Projection of Interest Earnings Table 5-3 projects interest earnings on various accounts that are considered to comprise operating revenues. Each of the accounts is described below. The balance in the Water and Sewer Revenue Account as of the beginning of Fiscal Year 1999 is assumed to remain constant over the rate study period. These monies are considered to represent the working capital of the utility. Interest earnings are assrtmed at an annual rate o/4.5 percent on the average balance. The Utility General Account represents unrestricted reserves that are available for all lawful purposes. The begmrdng balance as of October 1, 1998 of $17,497,411 is allowed to accumulate until expended on capital projects based on the sources and uses of funds In Section 4. Interest eammgs are assumed to accumulate at an annual rate of 4.5 percent on this account. Customer deposits are assumed to remain at a constant level over the rate study period, recognizing the fairly uniform system growth rate, and the fact that deposits are returned to customers after they have established a good payment history. Interest earnings on customer deposits are assumed to be earned at an annual rate of 4.5 percent. Interest eammgs are assumed to be earned both on the debt service reserve funds and the revenue bond sinking fund at the same interest rate is used as on the other funds. The RR&I Account is also projected to earn interest at an annual rate of 4.5 percent on the annual average balance. The retained earnings balance as of the beginning of Fiscal Year 1999 is assumed to remam constant over the rate study period, and be kept as an additional reserve. (This may actually be a fairly conservative assumption since the cumulative surplus shown in Table 6-2 is projected to grow to over $12 million by the end of the rate study period.) Interest earnings are projected at a rate of 4.5 percent. ~D~ Camp Dresser ~. McKee lnc. 5-1 DRAFT TABLE 5-1 CITY OF BOYNTON BEACH, FLORIDA STORMWATER. WATER AND ~VASTEWATER ENTERPRISE FUND ANNUALIZED FISCAL YEAR 1999 OPERATING REVENUES AND ALLOCATION TO SYSTEMS (1) * Total Allocation to System rtem Amount Stormwater Water Wastewater Charqes for Services: Sul3division Ordinance Procedure (2) Water Sales Water Connectio~ Fee Water Service Charges Sewer Service Charges Stormwater Utility Fee Televise Sewer Lines Total Charges for Services Investment Income: Interest Earnings (3) Other Operatinq Revenues: (2) Sale of Surplus Material Ocean Ridge Utility Tax Admin. Charge Bad Debt Recoveries Miscellaneous Income Total Miscellaneous Income Operatin,q Transfers In: Transfers from Sanitation (4) Total Operating Revenues $30.984 $0 $15,492 $15,492 10,210,806 0 10,210.806 0 113.884 0 113.684 0 73,800 0 73 BOO 0 10,434,542 0 0 10.434.542 587,527 587.527 0 0 31,636 0 0 31,636 $21,482,980 $587,527 $10,413,782 $10,481,670 $1,639,183 $81.959 $778,612 $778.612 $9,500 $0 $4.750 $4.750 544 0 272 272 10.286 0 5.143 5,143 100,506 0 50.253 50.253 $120,836 $0 $60.418 $60,418 $101,108 $33.703 $33703 $33,703 $23,344,108 $703,189 $11.286.515 $11,354,403 (1) Taken from City's Revenue Report. Allocation to each system based on information provided by City staff. Costs annualized by multiplying 10 months of revenues by 12/10% (2) Allocated 50% to the water system and 50% to the wastewater system. (3) ~Of total, 5% allocated to stormwater, with remainder split equally between water and wastewater. (4) Allocated equally to each of the three systems. Rate_Study.xls Section 5 1/22/00:11:28 AM DRAFT TABLE 5-2 CITY Of BOYNTON BEACH. FLORIDA STORMWATER, WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY BUDGETED FISCAL YEAR 2000 OPERATING REVENUES AND ALLOCATION TO SYSTEMS (1/" Total Allocation to System Item Amount Stormwater Water Wastewater Charqes for Services: Subdivision Ordinance Procedure (2) Water Sales Water Connection Fee Water Service Charges Sewer Service Charges Stormwater Utilffy Fee Televise Sewer Lines Total Charges for Services nvestment Income: nterest Earnings (3) Other OperatinR Revenues: Sale of Surplus Material Ocean Ridge Utility Tax Admin. Charge Bad! Debt Recoveries Miscellaneous income Total Miscellaneous income Operatin,q Transfers In: Transfers from Sanitation (4) Total Operating Revenues $35,000 $0 $17.500 $17.500 10.249,518 0 10,249,518 0 120,000 0 120,000 0 150.000 0 150,000 0 10,931,911 0 0 10,931,911 602,612 602.612 0 0 42.500 0 0 42.500 $22,131~41 $602,612 $10,537,018 $10,991,911 $960,000 $48,000 $456.000 $456.000 $0 $0 $0 $0 400 0 200 200 5,000 0 2.500 2.500 7,500 0 3,750 3.750 $12.900 $0 $6.¢50 $6.450 $101,108 $33.703 $33.703 $33.703 $23,205,549 $684,315 $11.033.171 $1t.488,064 (1) Taken from City's Detail Revenues Budget Year 1999/2000. Ali'ocation to each system based on information provided by City staff. (2) Allocated 50% to the water system and 50% to the wastewater system. (3) Of total, 5% allocated to stormwater, with remainder split equally between water and wastewater (4) Allocated equally to each of the three systems. Rate_Study.xls Section 5 1122/00:11:28 AM DRAFT TABLE 8-3 CITY OF BOYNTON BEACH. FLORIDA STORMWATER, WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECTION OF iNTEREST EARNINGS AT PREVAILING RATES Fiscal year Actual =stimated Proiected 1999 2000 2001 2002 2003 200~- Average Annual Balance (1) Annual Interest Earnings (2) Utility General Account: Beginning Balance (3) Expenditures (4) Beg nning Balance less Expendtums Average Annual Balance Annual interest Earnings (2) $9,664.066 $9,654.066 $9.854,066 $9,654,066 $9,664,066 $9.654.066 $434,433 $434.433 $434,000 $434,000 $434,000 $434,000 $17.497.411 $18,284,794 $19.025.810 $181880,810 $t9.521,810 $20,307,810 0 80.000 Lt75.090 0 90.000 4.100.000 $17.497.411 $19,204,794 $17,850,810 $18,680,810 $19.431.810 $16.207.810 $17,497,411 $18,244,794 $18.438.310 $18,680.810 $19.476.810 $18.257.810 $797,383 $821.016 $830005 $841.000 $876.900 $822.000 Average Annaal Balance [5) $1,104,638 $1,104,638 $1,104,638 $1.104.638 $1,104,638 $1JO4.B38 Annua[ Interest Earnings (2) $49,709 $49.709 $50,000 $50.000 $50,000 $50.005 Bond Reauirements: Series 1992 Debt SelMce Reserve: Average Annual Balance (6) Annual Interest Earnings (2) Ser es 19~6 D~bt Service Reserve: Average Annual Balance (7) Annual Interest Earnings (2) Annual Debt Service: Average Annua~ Balance Annual Interest Earnings (g) $3,600,000 $3,600,000 $3,600,~00 $5.600,000 $3,600,000 $3.600.000 $162,000 $162.000 $162,000 $162,000 $162.000 $162.000 $1,939,180 $1,939,180 $1,939,180 $1.939,1 $9 $1,939,180 $1,939,180 $87,263 $87,263 $87.000 $87,000 $87,000 $87.000 $1.307.081 $1,307.081 $1,914.581 $1.911.636 $1,914,408 $2,037,488 $68.819 $68.819 $86.000 $86000 $86,000 $92.000 Average Annual Balance (9) $4,051,691 $4.023.717 $3,687.980 $3.073.536 $2.514.366 $1.969.666 Annual Interest Earnings (2) $182,326 $181.067 $166,000 $138.000 $113.000 $89.000 Average Annual Balance (10) Annual interest Earnings (2) $3.133.342 $3,133,342 $3.133.34g $3~133,342 $3,133.342 $3,133.342 $141 000 $141.000 $141.000 $141,000 $141.000 $141,000 Annual Interest Earninqs: Total (11) $1.902.933 $1.935.307 $1,956,000 $1,939,000 $1.949.000 $1,877,000 Allocated Stormwater System 112) $95.147 $96.765 $98.000 $97,000 $97.000 $94.000 Water System (13) $903,893 $919,271 $929,000 $921 000 $926.000 $892,000 Was~ewater System (t3) $.903.$93 $919.271 $929,000 $921.000 $926,000 $892.000 (1) Actuat bala~lce at 9/30/98 assumed to remain for duration of rate stuay period. (2', Based on a rate of 4.5% applied to the average annual balance Beginning in Fiscal Year 2001, rounded to nearest $1,000. (3) Eeuas beginning balance less expenditures from pnor y~ar plus annual interest earnings from pdor year. (4) Eauals sum of annual expenditures from Tables 4-9 through 4-13. (B) Actual balance at 9/30/98 assumed to re~ain for duration df rate study period. (6) Equals amount of bone proceeds appl~d to the Series 1992 Bonds debt service reserve fund, (7) Eei~als amount of bond proceeds applied to the Series 1996 Bonds debt service reserve fund. (8) Equals one-naif of the Total An nual Pdncioal & Interest from Table 4~ (9) Eq~m~s the sum cf the average annual balances from Tables 4-7 ahd 4-8. (10 A~.'tual balance at 9/30/98 assumed to remain for duration of rate studv~ pedod. (11) E~3uals sum of annual interest earnings from individual furies ana accounm. (12) O~~ total. 5% a[Iocsted to stormwater system. (13) Equals 50% of total annual interest earnings after allocation to stermwater system. Rate_Study.xls Section 5 1/22/00-12:38 PM Section 5 Projection of Revenues at Prevailing Rate The sum of the projected interest earnings are apportioned among the three systems. Five percent of the total is allocated to the stormwater system, with the balance divided equally between the water system and the wastewater system 5.3 Projection of Revenues at Prevailing Rate Table 5-4 projects revenues at prevailing rate levels for the stormwater system. Budgeted Fiscal Year 2000 stormwater:utility fee revenues are increased annually by the 1.03 percent growth annual rate taken from Section 2. Interest earnings are added. as are operating transfers In from sanitation. Table 5-5 projects revenues at prevailin.g rates for the water syster~ Budgeted Fiscal Year 2000 revenues for thecategories of water sales, connection fees, and service charges are increased annually by the growth rate developed In Section 2. Interest earn~ugs and miscellaneous revenues are added to yield total annual revenues. Table 5-6 projects revenues at prevailing rates for the wastewater system. Budgeted Fiscal Year 2000 revenues for sewer service charges are increased annually by the growth rate developed in Section 2. Revenues for subdivision ordinance procedure and televising of sewer lines are maintained at their budgeted Fiscal Year 2000 levels. Other operating revenue sottrces as shown are added to yield total annual revenues. 5.4 Projection of Revenues, Expenditures and Cash Flows at Prevailing Rates Table 5-7 projects revenues, expenditures and cash flows at prevailing rates for the stormwater system. The additional principal and interest shown are preliminary estimates furnished by the financial advisors for the Series 2000 Bond proceeds presented In Table 4-9. As can be seen, operating expenses exceed total operating revenues in all years, resulting m negative values for net revenues. After deducting annual principal and interest reqttiremerrts, and minor capital outlays, the annual deficit continues to grow throughout the rate study period. The last line in Table 5-7 indicates the annual percentage increase in rates that would be required to eliminate the deficit in each year. It should be noted that the percentages indicated do not assume that increases in prior years have been implemented. Table 5-8 projects water system revenues, expenditures and cash flows at prevailing rates. As can be seen, net revermes available for other purposes are negative in all years begnming in Fiscal Year 2000. I-Iowever, through Fiscal Year 2002, the increases in rates required to eliminate the annual deficits would be minim~, and are within the accuracy of the projections. For Fiscal Years 2003 and 2004, an increase on the order of three to five percent would be required to achieve self-suffielency of the water system. Table 5-9 projects wastewater system revenues, expenditures and cash flows at prevailing user charge rates. As shown, positive surpluses are projected for all years, 5-5 DRAFT TABLE 5-4 CITY OF BOYNTON BEACH, FLORIDA STORMWATER, WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECTIQN OF STORMWATER SYSTEM REVENUES AT PREVAILING RATES Item SYSTEM GROW'rH PROJECTIONS Fiscal Year Actual Budgeted Projected 1999 2000 2001 2002 2003 2004 .Annual Growth Rate: Percentage Annual Increase (1) REVENUE PROJECTIONS 1.03% 1.03% 1,03% 1.03% Char,qes for Services: Subdivision Ordinance Procedure (3) Stormwater Utility Fee (4) Total Charges for Services Interest Earnings (5) Miscellaneous Revenues (3) Operating Transfers in from Sanitation (3) Total Revenues $0 $0 $0 $0 $0 587.527 602,612 609,000 615,000 621.000 $587,527 $602,6'12 $609,0'00 $615,000 $621,000 81,959 48,000 98,000 97,000 97,000 94,000 0 0 0 0 0 0 33.703 33.703 34.000 34,000 34,000 34,000 $703.189 $684.315 $741,000 $746,000 $752,000 $755,000 $0 627.000 $627.000 (11 Taken from Table 2-1 (21 Calculated annual increase in Projected Population. (3) Projected to remain at budgeted Fiscal Year 2000 levels. (4) Pro)ected to grow beyond budgeted Fiscal Year 2000 level at Percentage AnnuaJ ncrease rate. (5) Taken from Table 5-3. Rate_Study.xls Section 5 1/22/00; 11:30 AM DRAFT TABLE5-5 CITY OF BOYNTON BEACH, FLORIDA STORMWATER. WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECTION OF WATER SYSTEM REVENUES AT PREVAILING RATES Item Fiscal Year Actual Budgeted Projected 1999 2000 2001 2002 2003 2004 SYSTEM GROWTH PROJECTIONS ~nnual Growth Rate Projected Population (1) Percentage Annual Increase (2) 103 291 105421 2.06% 2.06% REVENUE PROJECTIONS Char.qes for Services: Subdivision Ordinance Procedure (3) Water Sales (4) Water Connection Fee (4) Water Service Charges (4) Total Charges for Services $15.492 $17,500 $18,000 $18,000 $18.000 $18,000 10,210 806 10,249,518 10,461,000 10,677,000 10,897,000 11,122,000 113,684 120,000 122,000 125,000 128,000 131 000 73,800 150.000 153.000 156,000 159,000 162.000 $~0,41'3,782 $10,537.0~8 $10,754~000 $70,976.000 $11,202,000 $11,433,000 Interest Earnings (5) 778,612 456,000 929,000 921,000 926,000 892,000 Miscellaneous Revenues (3) Operating Transfers in from Sanitation (3) 60,418 6.450 6,000 6,000 6,000 6,000 0 0 0 0 0 0 Total Revenues $11,252,813 $10 ~9,~68 $11,689,0~ $11,903,000 $12,134,000 $12 331,000 (1) Taken from City's Consumptive Use Permit. (2) Calculated annual increase in Projected Population. (3) Projected to remain at budgeted Fiscal Year 2000 levels. (4) Projected to grow beyond budgeted Fiscal Year 2000 level at Percentage Annual Increase rate. (5) Taken from Table 5-3. Rate_Study.x~s Section 5 1/22/00:11:30 AM DRAFT TABLE5-6 CITY OF BOYNTON BEAC ri. FLORIDA STORMWATER, WATER AND WASTEWATERENTERPRISE FUND RATE STUDY PROJECTION OF WASTEWATER SYSTEM REVENUES AT PREVAILING RATES Fiscal Year Actual Budgeted~ Projected Item 1999 2000 200~1 2002 SYSTEM GROWTH PROJECTIONS 2003 2004 Annual Growth Rate: Projected Populatmn (1) Percentage Annual Increase (2) REVENUE PROJECTIONS !!;ii!ii!iiiiiiiiiiiiiiiii~iiil;;!i!::: 97 155 99,158 101,203 103.291 105,421 2.06% 2.06% Charges for Services: Subdivision Ordinance Procedure (3) Sewer Service Charges (4) Televise Sewer Lines Total Charges for Services $15,492 $17,500 $18,000 $18.000 $18,000 $18,000 10,434,542 10,931,911 1%157,000 11,387,000 11,622~000 11,862,000 31,636 42,500 43,000 43,000 43,000 43,000 $10,481,670 $~99't,91t $1~,218,000 $11448,000 $11,683,000 $11,923,000 Interest Earnings (5) 778,612 456,000 929,000 921,000 926,000 892,000 Miscellaneous Revenues (3) 60,418 6.450 6,900 6,000 6.000 6.000 Operating Transfers in from Sanitation (3) , 33,703 33,703 34,000 34;000 34.000 34.000 Total Revenues $1!,354,403 $!1 488,064 $12,187,000 $12~409,000 $12.649.000 $12,855,000 (1} Taken from City's Consumptive Use Permit. (2} Calculated annual increase in Projected Population. (3) Projected to remain at budgeted Fiscal Year 2000 levels. (4) Projected to grow beyond budgeted Fiscal Year 2000 level at Percentage Annual Increase rate. (5} Taken from Table 5-3. Rate_Study.xls Section 5 1/22/00:11:31 AM DRAFT TABLE CITY Of BOYNTON BEACH FLORIDA STORMWATER, WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECTION OF STORMWATER SYSTEM REVENUES, EXPENDITURES AND CASH FLOWS AT PREVA LING RATES Fiscal Year Actual Budgeted Projected ~tem 1999 2000 2001 2002 2003 2004 Revenues: {1) Total Charges for Services $587,527 $602,612 $699,000 $615,000 $62" .000 $627.000 interest Earnings 81,959 48,000 98,000 97,000 97,000 94.000 Miscellaneous Rever~ues 0 0 0 O 0 0 Operating Transfers in from Sanitation Total Revenues Total Current (Operating) Expenses (2) Net Revenues Annual Principal & Interesl Existing (3) Additional (4) Total Annual Principal & Interest Net Revenues After Debt Service Transfers to Ran. Repl. & Improvement Fund (5) Minor Capital Outlays (6) Net Revenues Available for Other Purposes (7) Cumulative Surplus/(Deflcg) (8) Annual % increase Req'd, to Eliminate Deficit (9) 33,703 33,703 34,000 34,000 34~000 34.000 $703,189 $684.315 $741.000 $746,000 $752.000 $755 000 $9~,4,788 $1.194.715 $1,232,000 $1,268,000 $1;306,080 $1,344 000 ($241,598) ($810,400) ($49%000': ($522,000} ($554,000) ($569,000) $440861 $440,861 $888,037 $883.979 $885,910 $976.104 0 360.000 84~ 143 839 B63 829.427 734,103 $440,861 $80~861 $1,731,!80 $1,723,742 $1,715,337 $1,710,207 ($682.459) ($4,311,261) ($2,222,180) ($2,245,742) ($2,269,337) ($2,299,207, 0 0 0 0 0 0 107,109 15~ 612 133.000 137.000 141,O00 145.000' ($789;568) ($'1,462,873) ($2,355,180) ($2~382,742) ($2,410,337) ($2,444,207) ($789,568) ($2,252,441) ($4,607,621) ($6,990,363) ($9,400,700) ($11,844,907) 134.39% 242.76% 386.73% 387.44% 388.14% 389.83% (1} Taken from Table 5-4. (2] Taken from Table 4-3. (3) Taken from Table 4-6 (4) Preliminary estimates provided by [inancial advisors. (5) Ali stormwater system expenolturee are nudgeted and projected as either current expenses or capital expenditures. .(6) Fiscal Year 1999 taken from Table 4-1 Fiscal Year 2000 taken from Table 4-2. Beyond Fiscal Y~ar 2000, annual amounts eoual me average values for FiscalYears 1-899 and 2000 increased by 3.0% ann~a ly for inflation. (~).~!Ja!s.~let Revenues After Debt,africa less Transfers to Renewal, Replaqement & Improvement Fund less Minor Capital Outlays. (8)/[~tl~l~CL~rdu]~fig~ ~ur~][l~/(D~(cit) f~m prior year plus Net Revenues A~;ail~ble for Other Purposes in current year (9}Eq~Is negafivev~l~ee of Net R~venue-s Available for Other Purposes dividedby Total Charges for Services in corresponding year Rate_Sludy.xls Section 5 1/22/00 11:31 AM DRAFT TABLE 5-8 CITY OF BOYNTON BEACH FLORIDA STORMWATER WATER ANDWASTEWATER ENTERPRISE FUND RATE STUDY F~ROJECTION OF WATER SYSTEM REVENUES, EXPENDITURES AND GASH FLOWS AT PREVAILING RATE8 Fiscal Year Actual Budgeted Projected Item 1999 2000 2001 2002 2003 2004 Revenues: [1) Total Charges for Services Interest Eamings Miscellaneous Revenues Operating Transfers in from Sanitation Total Revenues Total Currant (Operating) Expenses [2) Net Revenues Annual Pfinci~)al & Interest: Existing Additional (4) Total Annual Principal & Interest Net Revenues After Debt Service Transfers to Ren. Repl. & improvement Fund (5) Minor Capital Outlays (6) Net Revenues Available for Other Purposes (7) Cumulative Surplus/(Deflcit) (5) Annual % Increase Req'a. to Eliminate Deficit (9) $10,413,782 $10,537,018 $10,754,000 $16,976,000 $11,202,060 $11,433,000 778.612 456,000 929,000 921,000 926,000 892,006 60,416 6.450 6,000 8,000 8.000 6.000 0 0 0 0 0 0 $71.252,813 $10,999,468 $11,689,000 $11,903~000 $12,134,000 $12,331,000 $8,630~597 $8.624.911 $8,908,000 $9~201,000 $9,504,000 $9,817.000 $2,622,216 $2,374,557 $2,761,000 $2.702.000 $2.630.000 $2,514.000 $1,567 883 $1 5~,86~ $1,868,838 $1,867,379 $1,868,753 $1.929,726 0 , 0 _ . 0 0 0 0 $1 567 883 $1,567,883 $1,868,838 $1,867,379 $1,868.753 $1,929.726 $1,054,333 $806,674 $912.162 $834.621 $761,247 $584,274 347.856 675,169 659,968 701,340 714 180 728,040 337.687 299,786 328,000 3;)8.000 348,000 358,000 $368,790 ($168,281) ($75,806) ($204,719) ($300,933) ($501,766) $368,790 $200,509 $124,703 ($80,016) . ($380,948) ($882,715) N/A ' .60% 0.70% 1.87% 2.69% 4.39% (1) Taken from Table 5-5. (2) Taken from Table (3) Taken from Table 4-6. (4) NO additional debt assumed to be issued for this case. (5) Taken from Table 4-7. (6.) Fiscal Year 1999 taken from Table 4-1; Fiscal Year 2000 taken from Table 4-2. Bejond Fiscal Year 2000 annual amounts equal the average values for Fiscal Years 1999 and 2000. increased by 3.0% annuahy for inflation. (7) Equals Net Revenues After Debt Service less Transfers to Renewal, Replacement & improvement Fund less Minor Capital Outlays 16) Equals Cumulative Surplus/(Deflcit) from prior year plus Net Revenues Available for Other Purposes in currant year (9} Equms negative values of Net Revenues Available for Other Purposes divided by Total Charges for Services ~n corresponding year Rate_Study.xls Section 5 1/22/0C 11:32 AM DRAFT CiTY OF BOYNTON BEACH, FLORIDA STORMWATER WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECTION OF WASTEWATER SYSTEM REVENUES, EXPENDITURES AND CASH FLOWS AT PREVAILING RATES Fiscal Year Actual Budgeted Proiected ~tem 1999 2000 2~01 2002 Revenues: (1) Total Charges for Services Interest Earnings Miscellaneous Revenues Operating Transfers in from Sanitation Total Revenues Total Current (Operating) Expenses ~2) Net Revenues Annual principal & Interesn Existing (3) Additional (4) Total Annual Principal & Interest Net ~evenues After Debt Service Transfers to Ren. RepL & Improvement Funa (5) Minor Capital Outlays (6) Net Revenues Available for Other Purposes (7) Cumulative Surplus/(Detic[t) (8) Annual % increase Reod. to Eliminate Deficit (9) 2003 2004 $10,481,670 $10,991,911 $11,21'8.000 $11 448,000 $11,683,000 $11,923,000 778.612 456,000 929,000 921 000 926,000 892.000 60.418 6.450 6,000 6.000 6,000 6.000 33,703 33.703 34,000 34,000 34~000 34,000 $11,354.403 $11.488,064 $12,187,000 $12,409,000 $I2,649,000 $12,855,000 $6,713,607 $7 639 768 $7,685,000 $8,-139,440 $8,400,363 $8,670,814 $4,640,796 $3,848.296 $4,302,000 $4,269,560 $4,248,637 $4,184,186 $605 418 $605,418 $1.074,286 $1,072,013 $1,074,153 $1.169.146 0 0 0 0 0 0 $605,418 $6O5 418 $1,074,286 $1,072~O13 $1,074~153 $1,169,146 $4.035.379 $3,242,879 $3,227,714 $3,197,547 $3,174,484 $3,015,O40 834,644 681,264 689,284 731,220 744.540 758,940 337.687 299.786 328,000 338,000 348 000 358,000 $2,663.047 $2~261,828 $2~210,430 $2,128~327 $2~081~944 $1,898,100 $2~863,047 $5~124,876 $7~335,306 $9,463~633 $11,545~577 $13~443,677 N/A N/A N/A N/A N/A N/A (1) Taken from Table 5-6. (2) Taken from Table 4-5. (3) Taken from Table (4) No additional debt assumed to be issued for this case. (5) Taken from Table (6) Fiscal Year 1999 taken from Table 4-1. Fiscal Year 2000 taken from Table 4-2. Beyond Fiscal Year 2000, annual amounts equal the average values for Fiscal Years 1999 and 2000. ncreased by 3.0% annually for inflation. (7) Equals Npt Rgvei~ue~ After Debt S~rvice less Transfers to Renewal, Replacement & Improvement Fund ~ess Minor Capital Outlays, (8) E~ualsCumulative Surplus/(Deficit) from prior year plus Net Revenues Available for Other Purposes ~n current year. (9) E~lUalS negative values of Net Revenues Available for Other Purposes divided by Total Charges for Services in cerresponmng year. Rate_Study.xls Section 5 1/22/00;11:32 AM Section 5 Projection of Revenues at Prevailing Rate with the cumulative surplus projected to grow to over ~13 million by the end o£ Fiscal Year 2004. Thus, no annual rate adjustments would be necessary. Table 5-10 projects the revenues, expenditures and cash flows for the combined stormwater, water and wastewater systems ~or the rate study period. Because the revenues pledged to service the debt issued with respect to the utility system comprise the stormwater, water and wastewater revenues combined, a line is included in flxis table showing the debf service coverage onall debt, both existing and additional. As can be seen, the projected debt service coverage in all years ~s more than adequate to meet the minimum,requirements~ without any adjustment in rate levels. At prew~H~g:rates, ~o~e~ revenues are projected to be insufficient only in biscal Year 200z~ to ~0Ver all:transfers.t~ the RR&I Account plus minor capital outlays; over the course of the rate study period, acumulative su~lus would remain. lac 5-12 DRAFT TABLE 5-10 CiTY OF BOYNTON BEACH FLORIDA STORMWATER, WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROdECTION OF COMBINED SYSTEM REVENUES, EXPENDITURES AND CASH FLOWS AT PREVAILING RATES (1) Fiscal Year Actu~i] Budgeted Proiec~ed Item 1999 2000 2001 2002 2003 2004 Total Charges for Services nterest Earnings Miscellaneous Revenues Operating Transfers in from Sanitation Total Revenues $21,482980 $22,131,541 $22,581,000 $23,~39,000 $23 506.000 $23,983,000 1.639.183 960 000 1.956.000 1,939,000 1,949,000 1.878,000 120,836 12,900 12.000 12,000 12.000 12,000 67.406 67,406 68,000 68,000 68.000 68,000 $23.310.405 $23~71,847 $24,617,000 $251058.000 $25.535.000 $25,941 000 Total Current [Operating) Expenses Net Revenues $16~288,991 $17 ~9 394 $7,021,414 $5.712,453 $6,592,000 $6,449,560 $18,608,440 $19,2t0,363 $19,831 814 $6,324,637 $6,109,186 Annual Principal & Ibterest: Existing $2,614,161 $2,614,161 $3,829,161 $3.823.27~ $3,828,816 $4,074,976 Additional 0 360,000 845,143 839 B63 829,427 734 103 Total Annual Principal & Interest $2,614~'16"1 $2,'§74~,~61 $4~674,304 $4~663,1.34 $4,658,243 $4,809,079 Debt Service Coveraqe on A I Debt: (2) 2.69 1,92 1.41 1.38 1.36 1.27 Net Revenues After Debt Service $4,407,253 $3,098,292 $2,762 839 $2,626.289 $2,495,821 $2,034,210 Transfers to Ren. Reel & improvement Fund 1.182,500 1.356,433 1.349 252 1,432,560 1,458,720 1.486.980 Minor Capital Outlays 782,484 751,184 789 000 813.000 837.000 861,000 Net Revenues Available for Other Purposes $2,442 269 $990,675 $624,587 $380,729 $200.101 ($313,770) Cumulative SurDlusltDeficit) $2 442,269 $3 432 944 $4 057 531 $4,438,260 $4,638 361 $4.324591 (1) Unless otherwise indicated each line is the sum of respective Jmes from Tables 5-7.5-8, and 5-9. (2) Eeuais Net Revenues divided by Total Annual Principal & Interest Rate_Study.x[s Section 5 1/22/00'11:33 AM Section 6 Calculations of Rate Increase , 6.1 Stormwater System The prevailing monthly rate for the stormwater system is $1.00 per month per ERU. As demonStrated in Table 5-7, at prevailing rates, the revenues are insufficient to recover the operating expenSes of the stormwater system. When all revenue requirements o£ the stormwater system are considered, annual deficits at prevaffing rates grow from alevel of over $1.4 million in Fiscal Year 2000, to over $2.4 million in Fiscal Year 2004, yielding a cumulative deficit of over $11 million. As the last line in Table 5-7 shows, an increase Of 390 percent would be necessary to meet all revenue requirements of the stormwater system by the end of the rate study period. The City Commission recently conducted a workshop to develop general guidance as to future increases with respect to the City's stormwater utility rates. The results of that workshop were that an inerease [rom $1.00 per month per ERU to as much as $5.00 per month per ERU could~be acceptable given the extensive capital improvements requi~ed for the stormwater system Table 6-1 has been prepared to show apro forma projection of revenues, expenditures and cash flows with respect to the stormwater system, assuming an increase in rates from $1.00 per inonth to $5.00 per month per ERU, effective March 1, 2000. Such an increase allows £or the issuance of additional debt to finance the stormwater system capitalimptovement program, as presented~in Table 4-9. Approximately $13.16 million in net proceeds [rom the Series 2000 Revenue Bonds would be available in Fiscal Year 2000. The increase in stormwater rates would allow this system to cover all operating expenses, provide a minimum of 110 percent coverage on outstanding and prospective debt, and defray the costs of projected minor capital outlays. (The mino~ deficit in Fiscal Year 2000 after payment of minor capital outlays could be elimim~ by deferring some of the costs to the following year, or applying funds on har~d in'the Utility General Account.) Because of the very significant r~evenue requirements projected for the stormwater system over the next five years, ~increase to $5.00 per ~nonth per ERU is completely justified in terms of recovering the fi~ cost of service. We recommend that ff this increase meets the local policy established by the City Commission, the full increase to $5.00 per month per ERU be adopted. 6.2 Water System AS Table 5-8 shows, only very minimal increases in water rates would be required for the water system to stand on its own through Fiscal Year 2003. These increases, ranging from less than one percent to 2.69 percent, are within the accuracy of our projections; actual financial performance may be better than projected, in which case no increases may be required through Fiscal Year 2003. At this time, we recommend that the City not adjust the water rates. We further recommend that the City monitor 6-1 DRAFT TABLE 6-1 C~TYOF BOYNTON BEACH FLORIDA STORMWATER. WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROJECTION OF STORMWATER SYSTEM REVENUES. EXPENDITURES AND CASH FLOWS WITH INCREASE 3/1100 Fiscal Year Actual AdjusterJ Projected Item 1999 2000 2001 2002 2003 2004 Revenues: (1) Total Charges fo,' Services (2) Interest Earnings Miscellaneous Revenues Operating Transfers in from Sanitation Total Revenues TotaJ Current (Operating) Expenses (3) Net Revenues Annual Principal & Interest: Existing Total Principal & Interest (4) Series 2000 Rev. Bond Prin. & Interesl (5) Total Annual Princip~ & Interesl Debt Service Coveraae: Net Revenues Affe~ Debt Service Transfers to Ren. RepL & Improvement Fund (7) $587,527 $2.008.707 $3,045.000 $3,075,000 $3,105.000 $3 135.000 81,959 48.000 98.000 97,000 97.000 94.000 0 0 0 0 0 0 331703 33,703 34,000 34~000 34.000 34,000 $703.189 $2.090.409 $3.177.000 $3.206.000 $3,236.000 $3,263,000 5944.788 $1 .f 94,715 $1,232,000 $1 ~268~000 $1,306,000 $1,344,000 ($241,998) $895,695 $1,945.000 $1.938.000 $1,930.000 $1,919,000 $440,861 $440.861 $886,037 $883,879 $685.910 $976~104 0 360,000 8~5,~43 839.863 829,427 734.103 $440.861 9800.861 $1.731,180 $1.72~,742 $1.715~37 $1.710.207 (0.548) 1.118 1.124 1.124 1.125 1.122 (9662,459) $94,634 $213,820 $214,258 $214,663 $206,793 0 0 0 0 0 0 Minor Capital Outlays (8) Net Revenues Available for Other Purposes (9) Cumuiativ~ Surplus/(Defic[ ) (10) 107,109 151 612 133,000 137.000 141,000 t45.000 ~$789~568) $56 778) $80 820 $77.258 $73 663 $63,793 ($789,568) ($846,347) ($785,526) ($688,268) ($614,606) (9550,812) [1) Taken from Table 5-7, except where otilerwise note(L (2) Assumes an increase from $1.00 per month per ERU to $5.00 per month per ERU effective 3/1/00. (3) Taken from Table 4-3. (4) Taken from Table 4-6. (5) Estimated by underwnters to maximize debt capacity wilh proposed increases. (6) Equals Net Revenues divided by Total Annual Principal & Interest (7) All stormwater sys[em expenditures are budgeted and projected as either current expenses or capital expenQitures. (8) Fiscal Year 1999 taken from Table 4-1; .~!_scal Year 2000 takeh from Table 4-2. Beyond Fiscal Year 2000. annual amounts equal nqe average values for Fiscal Years 1699 and 2000. increased by 3.0% annually for In~a0on. (9) Equal~ Net F{evenues After Debt Service less Transfers to Renewal. Replacement & ~mprovement Fund less Minor Capital Outlays~ (10) Equals Cumulative Surplus/(Deficit) from prior year plus Net Revenues Available for Other Purposes in current year. Rate~Study,xis Section 6 1122100:1 [ :34 AM Section 6 Calculations of Rate Increases the financial performance oJ~ the water system during the next three years, and revise the projections periodically to define more precisely the timing and level of any rate increases necessary. 6.3 Wastewater System Table 5-9 projects the financial performance of the wastewater system over the rate study period. As can be seen, significant levels of surpluses are generated in ali years, with projections for accumulating a surplus in excess of $13 million at the end of Fiscal Year 2004. The City has the flexibility to reduce its wastewater rates to an appreciable_extent, and still haye the wastewater system remain self-sustaining. [-Iowe~er, the City is cu~rentIy contemplating the issuance of additional revenue bond indebtedness in the near term~ the pledged revenues for which are the combined stormwater, water, and wastewatet system rates. By maintaining the prevailing wastewater user charges, the combined pledge of revenues would be viewed by the financial community more strongly from a credit perspective. 6.4 Combined Systems Table 6-2 presents.a pro forma of the combined stormwater, water and wastewater systems over t~e rate study with an increase in the stormwater rates effective March 1, 2000. As can be Seen, debt ser~e coverage is projected to be more than adequate in each of the years, l?ttrthermore, on a combined basis, all revenue requirements are met, with a surplus genexated iii all years. It should be noted that the cumulative surplus of the combined systems is projected to grow to over $12 million by,, the end of the rate study period. This projected healthy picture could allow.the City to increase its reserves to levels greater than projected in Table 5-3. 6.5 Comparisorr of Rates with Neighborin Jurisdictions - It is useful to compare the City's existing and proposed rates with those in neighboring jurisdictions. For purposes of this comparison, the cities of Boca Raton, Deerfield Beach and Delray Beach are selected. An average monthly usage of 8,000 gallons for a single, family home is selected to compute the rates. Table 6-3 presents the average monthly bills for the several jurisdictions, and shows that with the exception of the.City of Boca Raton, which ha~ some of the lowest utility rates in the Stateof F[orid~,?the City's proposed combined monthly utility bill compares well with the other two. It should be/xote~ that the-cost of stormwater system operations is no~ included in this'table for the City of Deerfield Beach, since it is funded by that City's genera~ ftmcL 6-3 DRAFT TABLE 6-2 CITY OF BOYNTON BEACH FLORIDA STORMWATER, WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY PROdECTIQN OF COMB NED SYSTEM REVENUES. EXPENDITURE8 AND CASH FLOWS WITH STORMWATER INCREASE 3/1/00 (1) Fiscal Year Actual ~,dj Lis'ted Projected tern ~ 999 2000 2001 2002 2003 2004 Revenues: Total Charges for Services interest Earnings Miscellaneous Revenues Operating Transfers in from Sanitation Total Revenues Total Current (Operating) Expenses Net Revenues Annual Principal & Interest: Existing Total Principal & Interest Series 2000 Rev. Bond Pnn. & Interest Total Annual Principal & Interest Debt Service Coverage: (2) $21 482 980 $23 537 636 $25 017~000 $25,499000 $25.990000 $26,491,000 1,639.183 960,000 1.956.000 1.939.000 I 949,000 1.878.000 120 836 12.900 12.000 12.000 12.000 12,000 67,406 67,406 ~,000 68 000 68 000 68,000 $23;310.405 $24,577.941 $27,0~3:,000 $27,5t8,000 $28,019,000 $28,449,000 ~16,~88,991 $17 459,394 $18,025000 $18 608,440 $19,210.363 $19,831,814 $7,021,414 $7,118,547 $9,028,000 $8,909,560 $8,808,637 $8.617.186 $2,614,161 $2,614,161 $3,829,161 $3,823,271 0 360 000 845,143 639.863 $2 61'4;161 $2.974~61 $4,674,304 $4.663,134 $3,82B,816 $4.074,976 829.427 734.103 $4,668,243 $4,809,079 2.69 2.39 1.93 1.91 1.89 1.79 Net Revenues After Debt Service $4.407,253 $4,144 386 $4,353,696 $4.246,426 $4,150,394 $3.808 107 Transfers to Ren. RepL & Improvement Fund 1,182,500 1.356,433 1,349.252 1,432,560 1,458,720 1,486 980 Minor Capital Outlays 782.484 751 184 789.000 813.000 837.000 861.000 Net Revenues Available for Other Purposes Cumulative Surplus/(Deficit) $2215,44,4 $2,000,866 $1,854.674 $1,460,127 44_2 ~2(~ . ._~,479,~0~9 .$6,.6.94,.483 $8,6?,349 $10 550.023 $12,010,150 (1) Unless otherwise indicatea, each line is the sum of respective lines from Tables 5-8, 5-9 and 6-1. (2) Equals Net Revenues divided Dy Total Annual Principal & Interest. Rate_Study xls Sectio~ 6 1122100:11:36 AM DRAFT TABLE 6-3 CITY OF BOYNTON BEACH, FLORIDA STORMWATER, WATER AND WASTEWATER RATE STUDY COMPARISON OF AVERAGE MONTHLY BILLS WITH NEIGHBORING JURISDICTIONS Jurisdiction Average Monthly Residential Bill (1) Stormwater Water Wastewater Total City of Boynton Beach (inside): Existing Rates Recommended Rates City of Boca Raton (Inside) (2) City of Deerfield Beach (Inside): City of Delray Beach (Inside) $1.00 $14.71 $20.91 $36.62 $5.00 $14.71 $20.91 $40.62 $2.90 $9.20 $9.89 $21.99 (3) $18.32 $21.79 $40,11 $4.50 $18.81 $26.22 $49.53 (1) Based on a single family home with 8,000 gallons per month usage. (2) For wastewater, assumes a housi~ with two bathrooms. (3) The cost of stormwater management is included in the General Fund. and is not a separate monthly charge. Rate_Study.xls Section 6 1/22/00:11:36 AM Section 7 Summary and Recommendations 7.1 Summary Section I of this report is the introduction, presenting the scope of work for the study, the outline of the report, and the prevailing stormwater, water end wastewater rates. Section 2 projects the growth of the utility system. Based on information furnished by the City, the population growth projection rate of approximately two percent annually developed for the consumptive use permit is reasovable for application to the water and wastewater system. Because thestormwater system serves only customers within the municipal limits, and the growth rate within the City is less than outside the City, an annual growth rate of. approximately one percent is used for the customer base of this. system. Section 3 of this report develops two components of a fee-in-lieu-of charge to recover capital costs asso~_iated with the stormwater system. Both.components are designed to be recovered by a charge per square foot of impervious area. One component relates to water .c~.'ty improvements, with a charge of $2.10 per square foot to be levied only withih the downtown water quality improvement area. The other component relates to water quantity, and the $0.18 per square foot charge has been developed to be levied throughout the downtown watershed. Revenue requirements of the stormwater, water end wastewater systems are developed separately in Section 4. Revenue requirements comprise operating expenses, debt service on outstanding revenue bond indebtedness, debt service on prospective additional debt, renewal and replacement requirements, minor capital outlays, and capital improvements. The City has significent reserves of funds on hand that are available to finance capital i~Frovements, and these monies are applied to the extent allowed by policy guidelines to m/nimize fire reqmrements for additional debt and hence additional .debt service. Section 5 of this report projects revenues at prevailing rates separately for each of the three systems. Net revenues, cash flows, and annual surpluses/deficits are also projected for each system, and on a combined basis. The result of these projections is to demonstrate that significant increases will be required for the stormwater system to be seLf-sustaining during the rate study period. With respect, to the water system, only minimal rate increases, if any, should be required before Fiscal Year 2003; thereafter, a rate increase on the order of three to five percent may be necessary. No increase is projected as necessary for the wastewater system during the rate study period; indeed, significant annual surpluses are projected to be generated from this system throughout the next five years. ~! Camp Dresser & McKee Inc~ 7-1 Section 7 Summary and Recommendations Calculations of rate increases are presented in Section 6 of this report. By increasing the monthly stormwater rates from $1.00 per ERU to $5.00 per ERU, this system can become financially self-sustaining, as presented in Table 6-1. The debt capacity created by this increase will allow for the issuance of approximately $15 million in additional revenue bonds to fund the extensive stormwater system capital improvements program. On a combined basis, the three systems will exhibit ffnandal strength that will be important for entering the bond market for issuance of additional parity debt. 7.2 Recommendations Based on the analyEes performed as part of this Stormwater, Water and Wastewater Rate St~ dy, we hav~ Several recommendations. Each of these recommendations is set forth below. We recommend that the City adopt a two-component fee-in-lieu of capital charge system for the recovery of costs associated with the downtown stormwater improvements. Both one-time charges are recommended to be levied on the basis of square feet of impervious area. A Water quality component of $2.t0 per square foot is calculated for app~icgtionwithin the downtown water quality improvement area. A water quantity component of $0.18 per s~tuare foot is calculated for application tlxroughout the downtown watershed area. Withrespect to the monthly utilibZ ~ates, we recommend that the City adopt an increase in the stormwater fee. Based on cost of service prindples, an increase to $5.00 per mo ~nth per ERU~is fully ~u~tifiect. Adoption of Such an increase by March 1, 2000, will allow for the isduanee of ~dditi°nal revenue bond indebtedness to finance the stormwater system capital improvements program. Concerning the water system and the wastewater system, we do not recommend any adiustments to the rates or user charges at this time. We do, however, recommend that the City continue to ~on~tor thee finandal performance of the water system to determine the timing and leveler any future increases that may be necessary. The financial performance of the ~astewater system is projected to be very strong over the course of the next five years, and nb increase in the user charges is recommended at this time. CDM Camp Dresse~& McKe, e Inc. 7-2