Agenda 07-03-07
The City of
Boynton Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
JULY 3, 2007
Jerry Taylor
Mayor - At Large
Jose Rodriguez
Vice Mayor
Ron Weiland
Commissioner - District I
Mack McCray
Commissioner - District II
Carl McKoy
Commissioner - District IV
u
--- -~
Kurt Bressner
City Manager
James Cherof
City Attorney
1
DISTRI
Janet M. Prainito
City Clerk
www.boynton-beach.org
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES &. PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
. Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
. Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to impose
time limits on the discussion on an issue.
. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
. Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission - Time Limit - Three (3) Minutes
. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded, with the exception of Consent Agenda Items that have
not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit -
Three (3) minutes
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the presiding
officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or
step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the
presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority
vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
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City of Boynton Beach
REGULAR CITY COMMISSION MEETING
AGENDA
July 3, 2007
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Rev. Dr. Randall Cook - Boynton Beach Congregational Church
C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS
A. Announcements:
1. Salute to Independence, Wednesday, July 4, 2007, from 6:30 - 9:30
p.m. at Intracoastal Park. FREE EVENT. A concert with Ovation Band
begins at 6:30 p.m. including a Patriotic Salute scheduled for 7:30 p.m. At
9 p.m. the world famous "Fireworks by Grucci" will light up the sky. Food
and beverage vendors will be on-site.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
a. Recreation & Parks Month - July, 2007
1
Agenda
Regular City Commission
Boynton Beach, FL
July 3, 2007
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission>
V. ADMINISTRATIVE:
A. Appointment of Chair and Vice Chair of the Community Redevelopment Agency
B. Appointments
Appointment Length of Term
To Be Made Board Exoiration Date
Mayor Taylor Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 Tabled (3)
I Weiland Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 Tabled (3)
III Rodriguez Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07
II McCray Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (3)
II McCray Cemetery Board Alt 9 mo term to 12/07 Tabled (3)
III Rodriguez Code Compliance Board Alt 9 mo term to 12/07 Tabled (3)
IV McKoy Code Compliance Board Alt 9 mo term to 12/07 Tabled (3)
Mayor Taylor Community Relations Board Alt 9 mo term to 12/07
IV McKoy Community Relations Board Alt 9 mo term to 12/07 Tabled (2)
III Rodriguez Education & Youth Advisory Board Reg 21 mo term to 12/08 Tabled (3)
I Weiland Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (3)
II McCray Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (3)
IV McKoy Education & Youth Advisory Board Stu 9 mo term to 12/07 Tabled (3)
Mayor Taylor Education & Youth Advisory Board Stu NfV 9 mo term to 12/07 Tabled (3)
Weiland Recreation & Parks Board Alt 9 mo term to 12/07 Tabled (3)
II McCray Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (3)
III Rodriguez Veterans Advisory Commission Reg 33 mo term to 12/09 Tabled (3)
IV McKoy Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (3)
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with all of
the accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Agenda Preview Conference - June 15, 2007
2. Regular City Commission - June 19, 2007
2
Agenda
Regular City Commission
Boynton Beach, FL
July 3, 2007
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2006-2007 Adopted Budget.
1. Approve the piggyback on the contract of Solid Waste Authority of Palm
Beach County, to PHILLIPS & JORDAN, INC. for Debris Collection and
Disposal 2007 Hurricane Season. The RFP #07-240, is to be utilized as
an insurance policy on an "AS NEEDED BASIS". All expenditure will be
eligible for reimbursement from FEMA.
C. Resolutions
1. Proposed Resolution No. R07-057 RE: Approving and
authorizing execution of Task Order No. U07-1-1 with Arcadis U.s., Inc.,
to provide engineering services related to the East Water Treatment
Plant chlorine conversion project in the amount of $67,634. (Tabled to
July 3, 2007) (Request item be removed from agenda. Staff
preparing alternative Task Order.)
2. Proposed Resolution No. R07- RE: Approving the
co-location of Metro PCS on the existing telecommunications tower at the
Public Works Compound (222 NE 9th Avenue).
3. Proposed Resolution No. R07- RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Tom and Lisa Rispoli for the property located at 3901 89th
Road South, Boynton Beach, FL.
4. Proposed Resolution No. R07- RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with L. Carol and Dennis Brandyberry for the property located at
3926 89th Road South, Boynton Beach, FL.
5. Proposed Resolution No. R07- RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with James and Linda Ford for the property located at 3927 89th
Road South, Boynton Beach, FL.
6. Proposed Resolution No. R07- RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with The Journey Community Church, Inc. for the property located
at 7648 High Ridge Road, Boynton Beach, FL.
7. Proposed Resolution No. R07- RE: Approving and
authorizing execution of Amendment #4, Task Order No. 17 to CH2M Hill
totaling $70,041 for additional engineering services as the construction of
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Agenda
Regular City Commission
Boynton Beach, FL
July 3, 2007
the City's Aquifer Storage and Recovery Well No. 2 (ASR-2) nears
completion.
8. Proposed Resolution No. R07- RE: Approving and
authorizing execution of Task Order No. U07-4-2 with Camp, Dresser and
McKee, Inc. (CDM) for engineering services related to the City's
application for a Water Use Permit Modification in an amount not to
exceed $247,000.
9. Proposed Resolution No. R07- RE: Approving and
authorizing execution of the Planning Funding Agreement with Nextel
Operations, Inc. for the reconfiguration of the public safety 800 MHz
frequency band. There are no costs to the City association with this
project.
10. Proposed Resolution No. R07- RE: Approving and
authorizing execution of a reconfiguration planning phase agreement
with Motorola, Inc.
D. Approve reduction in surety for the project known as Colony Lake, reducing the
required amount from the current value of $300,000 downward to $15,000.
VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS:
A. Accept the Settlement Agreement between the City of Boynton Beach and Jeanne
Go, M.D. and Ka Hock Go, M.D. and Go & Go, M.D., P.A. for the recovery of
staff's total administrative costs and attorney's fees of $5,000 associated with
Code Compliance cases 04-2232 & 06-731.
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
A.
Project:
Agent:
Owner:
Location:
Description:
B.
Project:
Agent:
Owner:
HARBOR CAY (SPTE 07-006)
Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC
Harbor Cay, LLC
East side Federal Highway; approximately 160 feet north of
Gateway Boulevard.
Request for a one (1) year site plan time extension for Harbor Cay
(NWSP 06-011) approved on May 2, 2006, from May 2, 2007 to
May 2, 2008. (Tabled to July 17, 2007)
PALM COVE (SPTE 07-008)
Bonnie Miskel of Siegel, Lipman, Duanay, Shepard and Miskel, LLP
Multiple Owners
4
Agenda
Regular City Commission
Boynton Beach, FL
July 3, 2007
Location:
Description:
c.
Project:
Agent:
Owners:
Location:
Description:
Extending between Old Dixie Highway and South Federal Highway
approximately one-quarter mile north of Gulfstream Boulevard.
Request for a one (1) year site plan time extension to the
approval (NWSP 05-031) granted on January 3, 2006 from July 3,
2007 to July 3, 2008.
LAS VENTANAS (ABAN 07-001)
(aka Uptown Lofts @ Boynton Place)
Epoch Properties, Inc.
Epoch Properties, Inc.
Extending 300 feet south of SE 12th Avenue
Request for abandonment of a 50 feet wide by 300 feet long
utility easement containing an area of 15,000 square feet or 0.34
acre. (1st Reading Proposed Ordinance No. 07-)
IX. CITY MANAGER'S REPORT:
A. Report on negotiations with Intown Partners LLC, City and CRA - Heart of
Boynton and Martin Luther King, Jr. Boulevard.
B. Update on Youth Violence Prevention Project
X. FUTURE AGENDA ITEMS:
A. Follow up report on Utility rate alternatives - July 17, 2007
B. Appointment of Advisory Committee to name City Facility - July 17, 2007
XI. NEW BUSINESS:
A. Discussion of water surcharge on businesses in the City (Tabled to July 3,
2007)
B. Resolve the issue of access and funding of access to the Ocean 95 Project
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
1. Proposed Ordinance No. 07-013 RE: Amending the
Land Development Regulations (LDR), Chapter 5, PLAmNG, to clarify
the requirements to re-plat any previously platted property due to any
reconfiguration of the property or the combining of properties to create a
new development.
2.
Proposed Ordinance No. 07-014
Land Development Regulations (LDR),
RE:
Chapter
Amending the
6, REQUIRED
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Agenda
Regular City Commission
Boynton Beach, FL
July 3, 2007
IMPROVEMENTS, to clarify the requirements applicable to
development/re-development projects other than standard subdivisions.
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
None
C. Ordinances - 1st Reading
None
D. Resolutions:
None
E. Other:
None
XIII. UNFINISHED BUSINESS:
A. Discussion of disposition of Old High School (Request postponement to
August 21, 2007)
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.s.286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
Agenda 6/29/07 3:00 p.m.
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6
IH.-ANNOUNCEMENTS & PRESENTATIONS
Item A.I
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon)
0 May I, 2007 April 16, 2007 (Noon) IXI July 3, 2007 June 18,2007 (Noon)
0 May 15,2007 April 30,2007 (Noon) 0 July 17, 2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon)
NATURE OF
AGENDA ITEM
~
o
o
o
o
AnnouncementslPresentations
Administrative
Consent Agenda
o
o
o
o
o
o
City Manager's Report ::
New Business ~
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--1~C.l
~~ -.,-.,!
_ J
Legal
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RECOMMENDATION: The City of Boynton Beach presents Salute to Independence Wednesday, July 4,~07,ftftm
6:30 -9:30 p.m. at Intracoastal Park. FREE EVENT. N ('" n
Code Compliance & Legal Settlements
Public Hearing
Unfinished Business
-u
EXPLANATION: Salute to Independence, Wednesday, July 4, 2007 - 6:30 p.m. - 9:30 p.m. at Intracoastal Park on North
Federal Hwy. just South of Gateway. A concert with the Ovation Band begins at 6:30 p.m. and runs until 9:00 p.m. with a
Patriotic Salute scheduled for 7:30 p.m. At 9:00 p.m. the world famous "Fireworks by Grucci" wi11light up the sky until
9:30 p.m. There are food & beverage vendors on site. There is limited seating, please bring your folding chairs and
remember no pets or personal fireworks are allowed. There will be free park and shuttle from Bank of America on the comer
of US I and E. Ocean Ave. from 6:00 p.m. to 10:00 p.m.
For information call 561-742-6246.
PROGRAM IMP ACT:
FISCAL IMPACT: (special events budget)
AL TER..l\TA TIVES:
\
Department Head's Sig
~~~
City Manager's Signature
Assistant to City Manager ~
CRIt
Department Name
City Attorney / Finance
,#j !Mt~' I ~~J tue.:L ~.
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lII.-ANNOUNCEMENTS & PRESENTATIONS
Item C.1.a
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17,2007 April 2, 2007 (Noon) 0 June 19,2007 June 4, 2007 (J\ioon)
0 May I, 2007 April 16, 2007 (Noon) IX1 July 3,2007 June 18,2007 (Noon)
0 May 15, 2007 April 30, 2007 (Noon) 0 July 17, 2007 July 2, 2007 (Noon)
0 June 5,2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon)
~ Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Motion to approve the proclamation designating July as Recreation & Parks
Month.
EXPLANATION: National Recreation & Parks Month is scheduled for July. The summer season is a
time to enjoy many of the great activities being organized by the Recreation & Parks Department. On
behalf of the State of Florida, Governor Crist also signed a similar proclamation. By making this
proclamation in Boynton Beach, all citizens will be encouraged to celebrate by participating in their
choice of fun activities and enjoy the benefits derived from quality public recreation.
PROGRAM IMP ACT: The proclamation will help promote parks and recreation in our community.
FISCAL IMPACT: (Include Account Number where funds will come from) N/A
ALTERNATIVES: N/A
/ ~--
L/' Department Head's Signature
~Signature
Assistant to City Manager ~
Department Name
City Attorney / Finance
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gf
It is July - the kickoff of the summer season. It is also a time to enjoy the out-of-
doors, spend time with family and friends, and just kick back and relax. That is why the
National Recreation and Park Association, Florida Governor Charlie Crist, and the Florida
Recreation and Park Association have designated July 2007 as Recreation and Parks Month.
WHEREAS, parks, and recreation programs enhance our quality of life by
contributing to a healthy lifestyle, increasing communication skills, building self esteem,
teaching life skills and providing places for enjoyment; and
WHEREAS, parks and recreation programs boost the economy, enhance property
values, attract new business, increase tourism and reduce crime; and
WHEREAS, recreation builds family unity, strengthens neighborhood involvement,
offers opportunity for social interaction, enhances education, develops creativity, and
promotes cultural diversity, and
WHEREAS, our parks and trails ensure ecological beauty, provide space to enjoy
nature, help maintain clean air and water, preserve plant and animal wildlife, and
WHEREAS, recreation, therapeutic recreation and leisure education are essential to
the rehabilitation of individuals who have become ill or disabled, and
WHEREAS, the National Recreation and Park Association and the Florida
Recreation and Park Association designated July as Recreation and Parks Month;
Now, therefore, I, Jerry Taylor, Mayor of the City of Boynton Beach, Florida, do
hereby proclaim July 2007 as:
"Recreation and Parks Month"
and call upon park and recreation supporters to join us in recognizing the importance of
our nation's and community's parks and recreation facilities and to learn more about how to
support the places that bring our City a higher quality of life, safer places to play and
healthy alternatives through recreation programming for everyone.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the
City of Boynton Beach, Florida, to be affixed this 3rd day of July, Two thousand Seven.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
V. ADMINISTRATIVE
ITEM A.
APPLICANT ELIGIBLE FOR APPOINTMENT 7/3/07
fAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION
SUBMITTED
------
Aikens Willie L. Community Redev. 6/20/06
---~~~-- Aqency Board
Agee Beverly Planning & 3/20/07
~~~---- Development Board
Barnes Matthew Planning & Community Arts Commission 03/05/07
Development Board Redevelopment
Aqency
~~--~-
Buchanan James (Buck) Community Redev. 7/10/06
Aqencv Board
Cwynar William Planning & 02/28/07
Development Board
***Leuchter Kurt Veterans Advisory 5/9/07
Commission
***Kurt Leuchter lives outside the City limits. The Veterans Advisory Commission does
allow one regular member and one alternate member to reside outside the City limits.
Those two positions are currently filled.
1
VI.-CONSENT AGENDA
ITEM B.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon)
0 May 1,2007 April 16,2007 (Noon) [8J July 3, 2007 June 18,2007 (Noon)
0 May 15,2007 April 30, 2007 (Noon) 0 July 17, 2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: A motion to approve the "piggy-back" on the contract of Solid Waste Authority, of Palm Beach County,
to PHILLIPS & JORDAN, INC., for Debris Collection and Disposal 2007 Hurricane Season. The RFP# 07-240, is to be utilized as
an insurance policy on an "AS NEEDED BASIS". All expenditures will be eligible for reimbursement from FEMA.
CONTRACT PERIOD: June 14, 2007 to June 13, 2010.
EXPLANATION: Procurement Services has reviewed the request from Public Works to utilize Phillip & Jordan Inc. of
Zephyrhills Florida, for the Hurricane/Disaster Removal, Reduction and Disposal for the next three years.
Procurement Services request Commission's review, evaluation and approval.
PROGRAM IMP ACT: Due to critical nature of this service it is imperative to have a contract in place in order to avoid delays
should there be a hurricane/disaster/emergency situation. Contract for Debris Collection and Disposal is reimbursed through
FEMA.
The provisions of this bid award will allow for a three-year extension at the same terms, conditions, and prices subject to vendor
acr'ptan'~ ,a."acto", I""o,man<< aod d"",nina.on 'h.t tho ren.w.' t, In ~ 'h. CUy.
FISCAL IMP ACT: De . removal ex . ures are eligible for reimbursement rom FEMA.
City Manager's Signature
Procurement Services
Cc: Larry Quinn - Solid Waste Manager
Chief Immler - Police Chief
Carisse LeJeune - Assistant to the City Manager
Central File
Chris Roberts - Assistant Public Works Director
Chief Bingham - Fire Chief
Chuck Magazine - Risk Manager
File
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DEPARTMENT OF PUBLIC WORKS
MEMORANDUM NO. 07-074
TO:
Bill Mummert, Director
Financial Services
THRU:
FROM:
Jeffrey Livergood, Director
Public Works
(--;><-'1\
Larry Quinn, Manager bJ)
Solid Waste Division J
DATE:
June 25, 2007
SUBJECT:
Hurricane Debris Removal Contract
Attached is a copy of the Solid Waste Authority's Hurricane Debris Removal
Contract with Phillips & Jordan. I am also attaching a letter from Andy Compton
from FEMA clarifying piggy-back bids.
It is my recommendation that we piggy-back SWA's contract with Phillips &
Jordan.
Attachments
Copy: PW Files
PHILLIPS & JORDAN, INC.
June 25,2007
Larry Quinn, Manager of Solid Waste
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33425-30 10
RE: AGREEMENT FOR EMERGENCY DEBRIS REMOVAL AND DISASTER
RECOVERY SERVICES BETWEEN PALM BEACH COUNTY, FLORDIA SOLID
WASTE AUTHORITY AND PHILLIPS AND JORDAN, INC.
Dear Mr. Quinn:
Phillips & Jordan, Inc. is pleased to offer The City of Boynton Beach, Florida the opportunity to
piggyback on our existing contract with Palm Beach County, FL Solid Waste Authority (SWA) for
Emergency Debris Removal and Disaster Recovery Services.
This offer is made at the same tcnllS and conditions as are stated in the referenced contract. A copy
of the executed contract is attRched.
If this is agreeable to you, please sign and date this document and return to me. Once this
agreement is executed the contract will be in place.
Sincerely,
PHILLIPS AND JORDAN, INe.
Dudley Orr
Vice President
K-
~
-----;;
Signature
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6/ Z (l~ 7
! Date / .
----
__~ iA -!L ( L{
Printed Name
[:J ~ \~ ,rJ .j
,
Manager of Solid Waste
Title
PO Drawer 604, 191 P & J Road . Robbinsvllle, NC 28771
ph (828) 479-3371 . fax (828) 479-3010
www.pandl.com
Quinn, Larry
Page] of2
From: Compton, James [james.compton@associates.dhs.gov]
Sent: Monday, June 25,20079:12 AM
To: Quinn, Larry
Cc: Miller, Steven
Subject: FEMA position on piggyback contracts
Larry,
This is a follow-up to our phone conversation this morning. During a presentation
earlier this month I mentioned in the SWA auditorium that the draft version of the
replacement to FEMA 325, Debris Management Guide originally considered piggyback
contracts as ineligible for FEMA reimbursement. But I also stated we had an
opportunity to review the draft and strongly advised that such verbiage be removed.
We have been advised that the verbiage prohibiting reimbursement to applicants
using piggybacked contracts has been removed from what will be the final version.
Until I see the final release I cannot guarantee that the verbiage will not
reappear.
That having
"piggyback"
consider as
entity.
been relayed, currently FEMA has no specific prohibition with regard to
contracts. There are however, several pitfalls that an applicant must
they evaluate their need to piggyback on the contract of another
.
You must have written permission from the original contracting entity
to "piggyback" on their contract,
You must have written approval from the contractor that they agree to
honor the terms of that contract to you,
You need to understand that when you "piggyback" on a contract that was
let by another entity, you in effect inherit the "sins of your
predecessors". If there are procedural errors in compliance of that
contract with Federal requirements, FEMl.1, will hold you responsible for
those errors just as if you had been the original bidding and
contracting agency
Generally, FEMA encourages applicants to avoid "piggyback" contracts.
Even though they may be legal, the use of such contracts may jeopardize
FEMA funding. If FEMA determines that the use of such contracts has
negatively impacted any Federal procurement requirement, most
specifically the requirement to compete, your funding could be at risk.
.
.
.
Lastly, the city needs to understand that piggybacking on another entity's contract
does NOT meet one of the requirements for the increased 5% federal share element of
the PA Pilot Program.
Andy Compton
Lead Debris Program Specialist
Federal Emergency Management Agency
Florida Long Term Recovery Office
36 Skyline Drive
Lake Mary, FL 32746
Desk 407-268-8762
6/25/2007
CONTRACT FOR
HURRICANE / DISASTER DEBRIS
REMOVAL, REDUCTION AND DISPOSAL
BETWEEN
THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
AND
PHILLIPS AND JORDAN, INC.
CONTRACT NO. 07-240
TABLE OF CONTENTS
ARTICLE
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1.
Effective Date/Tom............ ................................. ..........1
Services to be Perfonned by Contractor ............................l
Compensation.. .. ............ . .... ......... .... ...... ..... .. . . .. .... .............. 2
Insurance........ ....... ............... ........................ ........ ...............2
Standard of Care ..................................................................3
Indemnification.................. ..................................................+
Independent Contractor............ ............................................+
AuthOlity to Practice ........................ ............ ......... ... ......... ...4
Compliance with Laws ..... ...........................................:'
Sub-contracting ............... .... ..... ......... .............. ....... ...........,'~
Federal and State Taxes .......................................................5
Availability of Funds ............................... .......... .... ......... .....5
Authority's Responsibilities................................................. 5
Termination of Contract.................................................... ...5
Uncontrollable Forces ..... ......................... ...... ......................6
Governing Law and Venue ..................................................6
Non-Discrimination............................................................ .6
Waiver. .................... ....................... .......... ....... .......... ...........7
Severability.......................................................................... "
Entirety of Contract.. ............. ..... ...... ............ .... ............ .... ....7
Modification... ......................................................................7
Successors and Assigns.................... ....................................7
Contingent Fees................................................................... 8
Truth-in- Negotiation Certificate.......................................... 8
Ownership of Documents........................ .............. ..............8
Access and Audits......................... .......................................1)
Notice.................. ................ ............. ....... ..... ............... .... .....9
Contract Administration.............................. .........................9
Key Personnel...................................................................... 9
Minority/Women/Small Business Enterprise (M/W/SBE) 1 0
Confidentiality ...................................................................10
Escalation Clause ........... .............................. ......................1 0
Order of Contract Activation .............................................10
Task Order/Performance............... ................................. .11
Bonds ................................ ...............................................11
Contract Execution........................................................... ..12
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4.
5.
6.
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EXHIBITS
A Scope of Work
B. Fee Schedule
C. Palm Beach County Debris Management Plan (includes sample Load Ticket)
D. Palm Beach County Debris Zone Map/Franchise Service Areas
E. Location of Publicly Owned Debris Management Sites
F. M/W /SBE Plan
G. T ask Order
H. FEMA 322 Public Assistance Guide, page 114
I. Mobilization Schedule
Contract No.: 07-240 TOC-l
Contract for Professional Services
Contract No. 07-240
This Contract, between the Solid Waste Authority of Palm Beach County, a special district
created by Chapter 2001-331, Laws of Florida, as amended, (hereinafter referred to as
AUTHORITY) and Phillips and Jordan, Inc. (hereinafter referred to as CONTRACTOR), a
North Carolina Corporation, whose Federal Employer Identification Number is 56-0694573:
W1zereas, AUTHORITY requires the removal, reduction, and disposal of hurricane/disaster
debris.
W1tereas, CONTRACTOR represents it is capable and prepared to provide such services.
Now, therefore, in consideration of the promises contained herein, the parties hereto agree as
follows:
ARTICLE 1 - EFFECTIVE DATE/TERM
The effective date of this Contract shall be June 14, 2007.
Term of Contract shall be for a three (3) year period, unless otherwise terminated as provided
herein. The AUTHORITY shall have the option of extending the Contract for one (1) additional
three (3) year period at the same terms and conditions with approval from the AUTHORITY's
Governing Board. Such extension shall be in the form of a written Amendment to the Contract
executed by both parties. The continuance of this Contract from year to year is contingent upon
successful annual recertification of the CONTRACTOR'S capabilities. The recertification
process will be a review of the fiscal (bankruptcy, etc), logistical (equipment availability, etc,),
and moral (conviction for envirorunental crime, conviction for crime against a public entity, etc.)
responsibility of the CONTRACTOR and a determination by the AUTHORITY, based on this
review, of whether or not the CONTRACTOR continues to be a viable firm to provide the
services described in this Contract.
ARTICLE 2 - SERVICES TO BE PERFORMED BY CONTRACTOR
CONTRACTOR shall perform the services as stated in the Scope of Work, Exhibit A, as may be
specifically authorized by the AUTHORITY. Such authorizations will be referred to as Task
Orders. Each Task Order will set forth a specific scope of services, rate/amount of
compensation, completion date, and other pertinent details of the task being authorized. The
AUTHORITY, by virtue of this contract, gives the CONTRACTOR no guarantee of any
work/services or any specific amount of work/services that may be accomplished during the
period this contract is in full force and effect.
Contract No.: 07-240
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ARTICLE 3 - COlVIPENSATION
3.1 - GENERAL
AUTHORIT'{ shall pay CONTRA.CTOR in accordance with Fee Schedule, Exhibit B, which ]s
attached hereto and incorporated by reference as part of this Contract. If needed, compensation
may be negotiated as a lump sum or not-to-exceed amount for any Task Order containing a task
covered by the scope of work of this Contract but to which the Fee Schedule cannot readily be
applied.
CONTRACTOR shall submit semi-monthly invoices for services rendered. Invoices must
reference the Task Order number. Invoices shall include a statement of progress and appropriate
audit quality detail to satisfy FEMA requirements.
Payment of CONTRACTOR by AUTHORITY is not contingent upon the AUTHORITY being
reimbursed by the Federal Emergency Management Agency. Payment to CONTRACTOR will
be made for any work directed by the AUTHORITY which is detennined by Federal and State
agencies to be ineligible for reimbursement.
Each individual invoice shall be due and payable thirty (30) days after receipt of correct, fully
documented, invoice by the AUTHORITY. .tVl invoices shall be delivered to:
Solid Waste Authority of Palm Beach County
7501 North jog Road
West Palm Beach, Florida 33412
Attn: Accounts Payable
In order for both parties herein to close their books and records, the CONTRACTOR will clearly
state "Final Invoice" on the CONTRACTOR'S final/last billing to the AUTHORITY. This
certifies that all services have been properly performed and all charges and costs have been
invoiced to the AUTHORITY. Since this account will thereupon be closed, any and other
further charges ifnot properly included on this final invoice are waived by the CONTRACTOR.
The AUTHORITY will retain 5% of the payment under each Task Order until such time as the
entire project is completed to the AUTHORITY'S satisfaction and all sub-contractors and any
material suppliers verify that they have been paid.
ARTICLE 4 - INSURANCE
During the performance of the services under this Contract, CONTRACTOR shall maintain the
following insurance policies, and be written by an insurance company authorized to do business
in Florida.
1. General Liability Insurance with bodily injury limits of not less than
$1,000,000 for each occurrence, and with property damage limits of not
less than $1,000,000 for each occurrence.
Contract No.: 07-240
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2. Automobile Liability Insurance with bodily injury limits of not less than
$1,000,000 for each person and not less than $1,000,000 for each accident
and with property damage limits of not less than $1,000,000 for each
accident.
3. Workers' Compensation Insurance in accordance with statutory
requirements and Employer's Liability Insurance with limits of not less
than $500,000 for each accident, $500,000 for each disease, and $500,000
aggregate.
4. Excess Liability Insurance with limits of not less than $10,000,000 for
each occurrence and annual aggregate.
Deductible amounts shall not exceed 5% of the total amount of required insurance in each
category. Should any policy contain any unusual exclusions, said exclusions shall be so
indicated on the certificate(s) of insurance.
CONTRACTOR shall furnish AUTHORITY certificates of insurance which shall include a
provision that policy cancellation, non-renewal or reduction of coverage will not be effective
until at least thirty (30) days written notice has been made to the AUTHORITY.
CONTRACTOR shall include AUTHORITY as an additional insured on the General Liability
and Automobile Liability insurance policy required by the Contract. All of CONTRACTOR'S
sub-contractors shall be required to include AUTHORITY and CONTRACTOR as additional
insured on their General Liability insurance policies.
In the event that sub-contractors used by the CONTRACTOR do not have insurance, or do not
meet the insurance limits, CONTRACTOR shall indemnify and hold harmless the AUTHORITY
for any claim in excess of the sub-contractor's insurance coverage.
The CONTRACTOR shall not commence work under this Contract until all insurance required
as stated herein has been obtained and such insurance has been approved by the AUTHORITY.
ARTICLE 5 - STANDARD OF CARE
CONTRACTOR shall exercise the same degree of care, skill, and diligence in the performance
of the services as is ordinarily provided by a comparable professional under similar
circumstances and CONTRACTOR shall, at no additional cost to AUTHORITY, re-perfonn
services which fail to satisfy the foregoing standard of care.
The CONTRACTOR warrants that all services shall be performed by skilled and competent
personnel to the highest professional standards in the field.
Contract No.: 07-240
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ARTICLE 6 - INDEMNIFICATION
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the performance of the
services and in consideration of the promises included herein, AUTHORIT'l and
CONTRACTOR agree to allocate such liabilities in accordance with this /'\rticle 6.
6.2 INDEMc~IFICATlON
CONTRACTOR agrees to protect, defend, indemnify, and hold harmless the AUTHORIT\'. lts
employees and representatives. from any and all claims and liabilities including all attorney's
fees and court costs, including appeals, for which the AUTHORITY, its employees and
representatives, can or may be held liable as a result of injury (including death) to persons or
damage to property occurring by reason of any acts or omissions of the CONTRACTOR its
employees, or agents, arising out of or cOlmected with this Contract. The CONTRACTOR shall
not be required to indemnify the AUTHORITY or its agents, employees, or representatives.
when an occurrence results solely from the wrongful acts or omissions of the AUTHORITY, or
its agents, employees or representatives.
6.3 SURVIVAL
Upon completion of all services, obligations and duties provided for in this Contract, or in the
event of tennination of this Contract for any reason, the terms and conditions of this Article 6
shall survive.
ARTICLE 7 - INDEPENDENT CONTRACTOR
CONTRACTOR undertakes perfonnance of the services as an independent contractor and shall
be wholly responsible for the methods of perfonnance. AUTHORITY shall have no right to
supervise the methods used, but AUTHORITY shall have the right to observe such performance.
CONTRACTOR shall work closely with AUTHORITY in performing services under this
Contract.
The CONTRACTOR shall not pledge the AUTHORITY'S credit or make it a guarantor of
payment of surety for any Contract. debt. obligation, judgment, lien or any form of
indebtedness. The CONTRi\CTOR further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Contract.
ARTICLE 8 - AUTHORITY TO PRACTICE
The CONTRACTOR hereby represents and \varrants that it has and will continue to maintain all
licenses and approvals required to conduct its business, and that it will at all times conduct its
business activities in a reputable manner.
ARTICLE 9 - COMPLL~CE \VITH LA\VS
In performance of the services, CONTRACTOR will comply with applicable regulatory
requirements including federal, state, special district. and local laws. rules, regulations. orders,
codes, criteria and standards.
Contract No.: 07-240
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ARTICLE 10 - SUB-CONTRACTING
The AUTHORITY reserves the right to accept the use of a sub-contractor or to reject the
selection of a particular sub-contractor and to review the capabilities of any sub-contractor to
perform properly under this Contract. Rejection of any sub-contractor will be based on, but not
limited to, negative references, insufficient resources, or conviction of a Public Entity Crime.
If a sub-contractor fails to perform or make progress, as required by this Contract, and it is
necessary to replace the sub-contractor to complete the work in a timely fashion, the
CONTRA.CTOR shall promptly do so, subject to acceptance of the new sub-contractor by the
AUTHORITY.
ARTICLE 11- FEDERAL AND STATE TAXES
The AUTHORITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request,
the AUTHORITY will provide an exemption certificate to CONTRACTOR. The
CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials to
fulfill contractual obligations with the AUTHORITY, nor shall the CONTRACTOR be
authorized to use the AUTHORITY'S Tax Exemption Number in securing such materials.
ARTICLE 12 - AVAILABILITY OF FUNDS
The obligations of the AUTHORITY under this Contract are subject to the availability of funds
lawfully appropriated for its purpose by the Governing Board of the AUTHORITY.
ARTICLE 13 - AUTHORITY'S RESPONSIBILITIES
AUTHORITY shall be responsible for providing access to all project sites, and providing
information required by CONTRACTOR that is available in the files of the AUTHORITY.
ARTICLE 14 - TERMINATION OF CONTRACT
This Contract may be terminated by the CONTRACTOR upon thirty (30) days prior written
notice to the AUTHORITY in the event of substantial failure by the AUTHORITY to perform in
accordance with the terms of the Contract through no fault of the CONTRACTOR. It may also
be terminated by the AUTHORITY with or without cause immediately upon written notice to the
CONTRACTOR. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR
shall be paid for services rendered to the AUTHORITY'S satisfaction through the date of
termination. After receipt of a Termination Notice and except as otherwise directed by the
AUTHORITY, the CONTRACTOR shall:
a. Stop work on the date and to the extent specified.
b. Terminate and settle all orders and subcontracts relating to the performance of
the terminated work.
c. Transfer all work in process, completed work, and other material related to the
terminated work to the AUTHORITY.
Contract No.: 07-240
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d. Continue and complete all parts of the work that have not been terminated.
The CONTR.A.CTOR shall be paid for services actually rendered to the date of termination and
for any reasonable costs incurred.
ARTICLE 15 - UNCONTROLLABLE FORCES
Neither the AUTHORITY nor CONTRACTOR shall be considered to be in default of this
Contract if delays in or failure of perfonnance shall be due to Uncontrollable Forces, the effect
of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The
term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of
performance by a party of its obligations under this Contract and which is beyond the reasonable
control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes.
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions.
with the exception of those events that trigger the activation of this Contract.
Neither party shall, however, be excused from performance if nonperformance is due to forces
which are preventable, removable, or remediable and which the nonperfonning party could have,
with the exercise of reasonable diligence, prevented, removed or remedied with reasonable
dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed
from performance by an uncontrollable force, give written notice to the other party describing
the circumstances and uncontrollable forces preventing continued performance of the obligations
of this Contract.
ARTICLE 16 - GOVERNING LAW Al"'D VENUE
This Contract shall be governed by the laws of the State of Florida. iilly and all legal action
neeessary to enforce the Contract will be held in Palm Beach County and the Contract will be
interpreted according to the laws of Florida.
ARTICLE 17 - NON-DISCRIMINATION
The CONTRACTOR warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, gender, age or national origin.
ARTICLE 18 - WAIVER
A waiver by either AUTHORITY or CONTRACTOR of any breach of this Contract shall not be
binding upon the waiving party unless such waiver is in writing. In the event of a written waiver,
such a waiver shall not affect the waiving party's rights with respect to any other or further
breach. The making or acceptance of a payment by either party with knowledge of the existence
of a default or breach shall not operate or be construed to operate as a waiver of any subsequent
default or breach.
ARTICLE 19 - SEVERABILITY
The invalidity, illegality, or un enforceability of any provision of this Contract, or the occurrence
of any event rendering any portion or provision of this Contract void, shall in no way affect the
validity or enforceability of any other portion or provision of the Contract. An)' void provision
Contract No.: 07-240
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shall be deemed severed from the Contract and the balance of the Contract shall be construed and
enforced as if the Contract did not contain the particular portion or provision held to be void.
The parties further agree to refonn the Contract to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
The provisions of this section shall not prevent the entire Contract from being void should a
provision which is of the essence of the Contract be determined to be void.
ARTICLE 20 - ENTIRETY OF CONTRACT
The AUTHORITY and the CONTRACTOR agree that this Contract sets forth the entire
Contract between the parties, and that there are no promises or understandings other than those
stated herein. This Contract supersedes all prior contracts, proposals, representations,
negotiations, letters or other communications between the AUTHORITY and CONTRACTOR
pertaining to the services, whether written or oral. None of the provisions, terms and conditions
contained in this Contract may be added to, modified, superseded or otherwise altered except by
written instrument executed by the parties hereto.
ARTICLE 21- MODIFICATION
The Contract may not be modified unless such modifications are evidenced in writing signed by
both AUTHORITY and CONTRACTOR. Such modifications shall be in the form of a written
Amendment executed by both parties.
ARTICLE 22 - SUCCESSORS AND ASSIGNS
AUTHORITY and CONTRACTOR each binds itself and its partners, successors, assigns and
legal representatives to the other party to this Contract and to the partners, successors, executors,
administrators, assigns, and legal representatives. CONTRACTOR shall not assign this Contract
without the express written approval of the AUTHORITY via executed amendment.
ARTICLE 23 - CONTINGENT FEES
The CONTRACTOR warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for' the CONTRACTOR, to solicit or secure this
Contract and that it has not paid or agreed to pay any person, company, corporation, individual
or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the
award or making of this Contract.
ARTICLE 24 - TRUTH-IN-NEGOTIATION CERTIFICATE
Execution of this Contract by the CONTRACTOR shall act as the execution of a truth-in-
negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Contract are accurate, complete, and current as of the date of
the Contract.
Contract No.: 07-240
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The said rates and costs shall be adjusted to exclude any significant sums should the
AUTHORITY determine that the rates and costs were increased due to inaccurate, incomplete or
noncurrent wage rates or due to inaccurate representations of fees paid to outside contractors.
The AUTHORITY shall exercise its rights under this "Certificate" \vithin one (1) Veal' follO\\'ing
~ ' . - ~
payment.
ARTICLE 25 - O\VNERSHIP OF DOCUMENTS
CONTRi\CTOR shall be required to cooperate with other contractors relative to providing
information requested in a timely manner and in the specified form. Any and all documents.
records, disks, original drawings, or other information shall become the property of the
AUTHORITY for it's use and/or distribution as may be deemed appropriate by the
AUTHORITY.
ARTICLE 26 - ACCESS AND AUDITS
CONTRACTOR shall maintain financial and program records to justify all charges and costs
incurred in performing the work for at least three (3) years following final payment by the
AUTHORITY as Federal Emergency Management Agency sub-grantee as required by FEMA'S
322 Public Assistance Guide, page 114, as amended, incorporated in this Contract as Exhibit H.
The AUTHORITY shall have access to such books, records, and documents as required in this
section for the purpose of inspection or audit during normal working business hours at the
CONTRA..CTOR'S place of business.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Contract No.: 07-240
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ARTICLE 27 - NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall be in
writing and delivered in person or sent by certified mail, postage prepaid as follows:
As To AUTHORITY
Solid Waste Authority of Palm Beach County
7501 North Jog Road
\Vest Palm Beach, Florida 33412
Attention: Executive Director
Office No.: 561-640-4000 Fax. No.: 561-640-3400
II As To CONTRACTOR
Phillips and Jordan, Inc.
P.O. Drawer 604, 191 P&J Road
Robbinsville, North Carolina 28771
Attention: Dudley OIT, Vice President
Office No.: 828-479-3371 / Mobile No.: 828-735-0947 Fax. No.: 828-479-3010
Notices shall be effective when received at the addresses as specified above. Changes in the
respective addresses to which such notice is to be directed may be made from time to time by
either party by written notice to the other party. Facsimile transmission is acceptable notice
effective when received, however, facsimile transmissions received (i.e.; printed) after 5:00 p.m.
or on weekends or holidays, will be deemed received on the next business day. The original of
the notice must additionally be mailed as required herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of CONTRACTOR and AUTHORITY.
ARTICLE 28 - CONTRACT ADMINISTRATION
Services of CONTRACTOR shall be under the general direction of Mark Eyeington, Chief
Operations Officer, or his successor, who shall act as the AUTHORITY'S representative during
the term of the Contract.
ARTICLE 29 - KEY PERSONNEL
CONTRACTOR shall notify AUTHORITY in the event.of key personnel changes which might
affect this Contract. Notification shall be made within five (5) days of said changes.
AUTHORITY has the right to reject proposed changes in key personnel and rescind this
Contract. The following personnel shall be considered key personnel:
Dudley Orr
Paul Meckes
Contract No.: 07-240
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ARTICLE 30 _ MINORITY/wOMEN/SMALL BUSINESS ENTERPRISE (MJ"7ISBE)
AFFIRMATIVE ACTION PROGRAM
The Governing Board of the AUTHORITY has set 1506 as the AUTHORITx" S goal jllr
minOlity participation in contracts and purchases. CONTRl\CTOR'S plan is to, at a minimum.
utilize to the greatest extent practicable the sub-contractors listed in Exhibit F and any other
M/\V/SBE contractors identified as the services are perfonned. The AUTHORIT'{ \\'ill require
documentary proof of the implementation and progress of the proposed plan.
The CONTRACTOR understands that any minority/small/women-owned firm utilized pursuant
to this Contract to meet the AUTHORITY M/\V/SBE goals must be certified by a governmental
entity. Certificates shall be submitted for specific M/W/SBE'S listed in the plan.
The AUTHORITY does not certify vendors but will assist the CONTRACTOR by providing
listings of certified vendors in the area from other governmental entities. The AUTHORITY
accepts uncertified M/W/SBE'S to count towards its M/W/SBE goal provided they can be
confirmed as such and execute an affidavit for the AUTHORITY to that effect.
ARTICLE 31- CONFIDENTIALITY
No reports, information, computer programs, documentation, and/or data given to, or prepared or
assembled by the CONTRACTOR under this Contract shall be made available to any individual
or organization by the CONTRACTOR without prior written approval ofthe AUTHORITY.
ARTICLE 32 - ESCALATION CLAUSE
The AUTHORITY acknowledges the fluctuating nature of prices. Therefore, on each annual
anniversary date of the Contract, the unit prices may be adjusted upward based on the following
formula of indices:
Fifty (50) percent of the price will be adjusted by the average monthly percentage change over
the twelve (12) month period ending the May immediately preceding the date for which the price
index adjustment is effective in the Consumer Price Index - Urban \Vage Earners and Clerical
Workers _ U.S. City Average - Private Transportation (Series ID CWUROOOOSA TL not
seasonally adjusted) as published by the Bureau of Labor Statistics of the U.S. Department of
Labor.
Fifty (50) percent of the price will be adjusted by the percentage change in the Average Hourly
Earnings of Production Workers (Series ID CEU2000000008) as published by the Bureau of
Labor Statistics of the U.S. Department of Labor over the one year period ending the .r-viay
immediately preceding the date for which the price index adjustment is effective.
In the event that either of these indices is no longer available the parties shall mutually agree to a
replacement index. The value ofthe adjustment will be determined by the AUTHORITY.
Contract No.: 07-240
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ARTICLE 33 - ORDER OF CONTRACT ACTIVATION/LOCATION ASSIGNMENT
This contract is one of the four (4) contingent contracts the AUTHORITY has entered into for
HURRICANE/DISASTER DEBRlS REMOVAL, REDUCTION AND DISPOSAL. The contracts awarded
will be activated on an as needed basis as solely detennined by the AUTHORITY. The
AUTHORITY intends to activate the finn(s) in the order of the selection committee ranking, as
best meets the needs of the AUTHORITY. Two firms tied and were both ranked number one in
the selection process - Ashbritt, Inc. and Phillips & Jordan, Inc. The AUTHORITY has deemed
it to be in its best interest, at least initially, to divide Palm Beach County North and South with
Lake Worth Road being the dividing line. The AUTHORITY has assigned Ashbritt, Inc. to all
locations South of Lake Worth Road and Phillips and Jordan, Inc. to all locations North of Lake
Worth Road. Ceres Environmental Services and Crowder Gulf were ranked second and third
respectively. If activated they \vill be assigned to the location(s) deemed appropriate by the
AUTHORITY at its sole discretion. The AUTHORITY reserves the sole right to assign/reassign
any or all CONTRACTORS at any time as may be deemed appropriate depending upon the
circumstance(s), the event, or any other condition which may warrant such action.
ARTICLE 34 - TASK ORDER/PERFORMANCE
Task Orders shall be executed bilaterally and the scope of services and format of Task Order
shall be mutually agreed to by the CONTRACTOR and AUTHORITY. Performance will be
measured by the metrics established in each Task Order. After 1/3 and again after 2/3 of the
stipulated number of days of work in the Task Order have elapsed, the CONTRACTOR(s) shall
provide a written progress report to the AUTHORITY for review and acceptance. The
AUTHORITY shall have the right to correct for vendor default or underperformance by any
means it deems in its best interest. CONTRACTOR will be required to provide a daily report of
quantity of work performed under each Task Order. The daily report shall be submitted by 11 :00
a.m. or earlier the following morning.
ARTICLE 35 - BONDS
CONTRACTOR shall maintain a Proposal Bond in the sum of $500,000. The CONTRACTOR'S
Proposal Bond will be returned to the Contractor in exchange for and acceptance of an appropriate
size bond as determined by the AUTHORITY after assessment of damage and definition of the
CONTRACTOR'S scope of service. In case of hurricane caused damage, a Category I storm
would require a $2,000,000 Bond, a Category II would require a $4,000,000 Bond, a Category III
would require a $6,000,000 Bond, a Category IV would require a $8,000,000 Bond, and a
Category V would require a $10,000,000 Bond. The Bond required would be a Performance and
Payment Bond. The cost of the Bond is included in the unit rates in the Fee Schedule, Exhibit B.
The CONTRACTOR shall maintain the Proposal Bond in effect until the Performance and
Payment Bond is submitted to and accepted by the AUTHORITY. If the CONTRACTOR fails to
supply a Performance and Payment Bond, the AUTHORITY shall be entitled to retain the Proposal
Bond to rectify the CONTRACTOR'S unacceptable performance. Pending successful annual
CONTRACTOR re-certification, the Proposal Bond shall be in effect for the entire term of the
Contract except for the period(s) of time when a Performance and Payment Bond is in effect.
Contract No.: 07-240
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In Witness rVhereof, the Solid Waste Authority of Palm Beach County, and Phillips and
Jordan, Inc. have executed this Contract all as of the day and year first above \vritten
SOLID \VASTE AUTHORITY OF PALM BEACH COUNTY:
By:
~~~ ,- (?
Mark Hammond
Executive Director
Approved as to Form and Legal Sufficiency:
L~ ~~
"j~~L We' /"l--.
General Counsel to the Authority
By:
By:
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PHILLIPS AND JORDAN. INC.:
Attest:
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Witness:
Name:
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Contract No.: 07-240
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EXHIBIT A
STATEMENT OF WORK - OVERALL
I. PROJECT DESCRIPTION AND REQUIREMENTS
The CONTRACTOR shall remove and lawfully dispose of disaster-generated debris (other than
hazardous materials and household putrescible garbage) from public property and public right-of-
ways, and to setup and operate Temporary Debris Sites in Palm Beach County, Florida,
immediately after a hurricane or other disaster.
The CONTRACTOR submits he is capable of efficiently removing large volumes of
disaster-generated debris from a large area in a timely and cost-effective manner and lawfully
disposing of all debris. The CONTRACTOR shall assemble, direct, and manage a work force that
can complete the debris management operations in a maximum of 120 days. The duration of
effort/completion dates of all tasks will be determined jointly by the AUTHORITY and
CONTRACTOR. This determination will be set in writing in the appropriate Task Order(s).
The CONTRACTOR shall perform all work in accordance with FEMA guidelines in order to
maximize recovery of reimbursable expenses. This task shall include the provision of audit quality
documentation as required by and acceptable to FEMA for all work accomplished.
The CONTRACTOR may be required, at the AUTHORITY'S discretion, to be under the direction
of an agent of the AUTHORITY.
While intended to cover debris management needs in any major disaster scenario, the primary focus
of this Contract is on the work resuiting from hurricane damage to Palm Beach County.
II. BACKGROUND
A. Introduction
The AUTHORITY has developed a Debris Management Plan that describes the general needs
and approaches for handling large volumes of debris after a major disaster. It provides general
information on debris classifications, local hauling, and disposal capabilities and capacities, and
considerations for Temporary Debris Sites. That plan will provide general guidance for the
CONTRACTOR and is part of contract, Exhibit C.
The AUTHORITY'S disaster recovery planning includes considerations for removing and
processing the volumes and types of debris expected to be generated by a major disaster such as
a hurricane and the procedures for disposing ofthat debris. The planning approach is formulated
in part on the concept of strategic pre-positioning of plans and resources necessary for timely,
coordinated recovery operations, including removal of debris from public property and
right-of-ways throughout Palm Beach County using a combination of county, municipal, and
contractor forces.
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The AUTHORITY will execute multiple contracts to carry out the debris removal and disposal
work throughout Palm Beach County based on a Category 2 Hurricane. The CO:KTR.4CTOR
must have the capacity to manage a major workforce \vith multiple subcontractors and to cover
the expenses associated with a major recovery operation prior to the initial ACTHORITY
paY1nent and between subsequent payments, as well as the capacity to provide the necessary
bonds and insurance. The CONTRACTOR must also have an established management team, an
established network of resources to provide the necessary equipment and personnel.
comprehensive debris removal and volume reduction operations plans, and demonstrable
experience in major disaster recovery projects.
The contract \vill be a contingency contract that \vill be activated only in the face of an
emergency. As such, no compensation will accrue to the CONTRACTOR unless and until the
contract is activated either in anticipation of a natural disaster or immediately after such disaster.
The CONTRACTOR will be required to participate in certain AUTHORITY directed disaster
recovery training and/or exercises, 1 to 2 days each year, at no cost to the AUTHORITY.
B. Planning Standard for Debris Removal and Disposal
The AUTHORITY'S goal is to complete the debris removal and disposal process in 120 days.
This assumes that the entire area of the county will be accessible within that period. Due to the
low elevation and potential for flooding, some areas might not be accessible for several weeks
after a major natural disaster. The CONTRACTOR must be aware that it might not be possible to
initiate operations in all parts of the county simultaneously immediately after a stonn. If these
hindrances occur, the 120 day timefrarne may be extended by mutual agreement. The duration
and completion date of any other related tasks will be determined jointly between the
AUTHORITY and CONTRACTOR.
C. Debris Management
Planning for debris management operations is a function of the AUTHORITY as a supporting
agency to the Palm Beach County Department of Engineering and Public Works. The
AUTHORITY'S Emergency Management Coordinator will direct the debris removal and
disposal operations.
Each CONTRACTOR holding a debris removal and disposal contract will serve as a General
Contractor for the purpose of debris removal and disposal operations, and will be able to use
hislher own and subcontractor resources to meet the obligations of the contract. It is anticipated
that the CONTRACTOR will use both local and non-local subcontractors. Notwithstanding,
the CONTR-\CTOR will make every effort to use fully qualified and properly equipped
local firms, including Min0 rityAV omen/Small Business Enterprises, to the maximum extent
practicable.
To facilitate management of the debris removal operations, the county has been divided into nine
(9) Collection Service Areas, which reflect our service area boundaries. See the attached Count".
map, Exhibit D. Number of zones will change to eleven (11) effective, 1 % 1 /2008.
\Vben a major disaster occurs or is imminent the AUTHORITY will contact the fmn(s) holding
Debris Removal and Disposal Contracts to advise them of the AUTHORITY'S intent to activate
the contracts. Debris removal will generally be limited to debris in, upon, or brought to county
Contract No. 07-240
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residential private and public streets and roads, right-of-ways, municipal properties and facilities,
and other public sites. (This includes debris from customers assessed for residential solid waste
and recycling collection services by the AUTHORITY). The CONTRACTOR will be
responsible for determining the method and manner of debris removal and lawful disposal
operations, consistent with the AUTHORITY'S Debris Management Plan. Disposal of debris
will be at AUTHORITY approved Temporary Debris Sites or landfill sites. The CONTRACTOR
will be responsible for the lawful disposal of all debris and debris-reduction by-products
generated at all Temporary Debris Sites.
\\Then a major disaster occurs or is imminent, the AUTHORITY will initially send out an Alert to
the selected CONTRACTOR(S). This Alert will serve to activate the lines of communication
between the CONTRACTOR representatives and the AUTHORITY. Subsequently, the
AUTHORITY will issue the first Task Order which will authorize the CONTRACTOR to send
an Operations Manager to the AUTHORITY within 24 hours of receiving such Task Order to
begin pI aIming for the operations and mobilizing the pyrsonnel and equipment as necessary to
perform the stipulated work. This first Task Order will also direct the CONTRACTOR to
execute the required PerfOlmance and Payment Bond. The CONTRACTOR should anticipate
receiving this first Task Order 24 to 72 hours before projected landfall of a hurricane.
The general concept of debris removal operations includes multiple, scheduled passes of each
site, location, or right-of-way. This will allow residents to return to their properties and bring
debris to the private and public right-of-way as recovery progresses. The AUTHORITY will
prescribe the specific schedule to be used after ascertaining the scope and nature of the disaster's
impacts.
The AUTHORITY will make every effort to identify strategically located Temporary Debris
Sites throughout the county prior to a natural disaster. Depending upon the severity of the
natural disaster, additional Temporary Debris Sites will be identified as needed.
The CONTRACTOR will operate the Temporary Debris Sites and only CONTRACTOR
vehicles and others specifically authorized by the AUTHORITY will be allowed to use the sites.
Only one (1) level of subcontractor will be allowed to operate the sites. There will be no multi-
tiered subcontractors (sub of a sub) allowed to operate temporary debris sites. The
CONTRACTOR is responsible for all activity at any temporary debris site operated by their
subcontractor and must have an employee on site at all times to oversee daily operations. The
locations of publicly owned sites currently under consideration are shown on Exhibit E.
Additional sites (privately owned mostly) may become available as plans develop.
The AUTHORITY may also establish designated homeowner drop-off sites. The
CONTRACTOR will be responsible for removing all eligible debris from those sites daily at the
direction of the Emergency Management Coordinator or designee.
Curbside segregation of debris and disaster-generated or related wastes will be an element of the
AUTHORITY'S disaster recovery program. The debris removal and disposal CONTRACTOR
will be required to aid in the segregation and waste stream management processes. Any
Household Hazardous Waste (HHW) encountered by the debris removal CONTRACTOR is to
Contract No. 07-240
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be set aside. HHW disposal will be the responsibility of the resident. The AUTHORITY will
designate HHW drop-off locations. The following items are considered HHW for the purpose (If
this contract:
. Used Oil
. Batteries
. Pain t
. Aerosol spray carlS
. Pesticides
. Antifreeze
. Fluorescent light bulbs
. Propane tanks (household size)
The CONTRACTOR will setup a lined contaimnent area and separate any HHW inadvertentlv
delivered to a Temporary Debris Site.
Commercial and industrial hazardous waste such as chemicals, gas containers, transformers, and
any other form of hazardous or toxic matter will be set aside for collection and disposal by a
Hazardous Materials Removal and Disposal Contractor who will be selected by the
AUTHORITY.
Putrescible residential garbage will be collected by AUTHORITY franchise waste haulers and is
not to be collected or transported by CONTRACTOR forces.
III. DETAILED SCOPE OF WORK
Overvie'\'",
The scope of work under this contract is divided into three (3) parts. Part 1 is for Debris
Removal and Disposal Operations of debris from residential public and private streets, roads and
right-of-ways.
Part 2 is for Temporary Debris Site Operations which includes daily operations as well as
reclamation of the site to its pre-storm condition or as directed by the AUTHORITY Emergency
Management Coordinator. Part 3 is the Processing, Loading and Hauling Material from
Temporary Debris Site to final destination.
Specific work authorizations by the Authority will be through written Task Orders, Exhibit G. Task
Orders will define the job to be accomplished, location of job, time-frame for completion, rates to
be used, etc. Any job with requirements or rates not covered by this Proposal will be negotiated.
The Authority reserves the right to extend operations on a weekly basis.
The CONTRACTOR shall commence mobilization immediately upon receipt ofthe mobilization
Task Order meeting the following progress patterns: 48 hours- collection activity within assigned
Collection Service Area. Within ten (10) calendar days CONTRACTOR shall have 100% of all
necessary equipment operating within all Collection Service Areas. This represents a minimum
response schedule and does not restrict an earlier response. Subsequently, the AUTHORITY may
issue additional Task Orders to define more precisely the work to be accomplished or to
Contract No. 07-240
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authorize additional work. The CONTRACTOR shall perform in accordance with each Task
Order in all designated Collection Service Areas established by the AUTHORITY. Each Task
Order will be uniquely and sequentially numbered.
The CONTRACTOR is authorized to collect debris during daylight hours, 7 days per week. Any
deviations from this schedule will require AUTHORITY approval.
The CONTRACTOR must be duly licensed to perfoffi1 the work in accordance with the State of
Florida statutory requirements. The CONTRACTOR shall obtain all permits necessary to
complete the work. The CONTRACTOR shall be responsible for determining what permits are
necessary to perform under the contract. Copies of all permits shall be submitted to the
AUTHORITY Emergency Management Coordinator prior to issuance of the first Task Order.
The quantity of work required to complete this contract is estimated. The actual effort required
may be more or less than the estimated amount reflected in the RFP document. Payment will be
made at the unit rates in the contract. The output will be verified by the AUTHORITY
Emergency Management Coordinator in the daily operational report. Should hourly rates be used
to pay for certain equipment then preventative maintenance not in excess of fifteen (15) minutes
in a normal workday will be paid at the regular hourly rate. Preventative maintenance or down
time resulting from equipment failure, routine maintenance and fueling that exceeds fifteen (15)
minutes will be considered unacceptable work and non-payment of that time will be rounded off
to the half hour of all hours where delays occur. Preventative maintenance is defined as the usual
field maintenance to keep equipment in operating condition without the use of extensive shop
equipment. Fueling of equipment will be considered as part of preventative maintenance.
The CONTRACTOR shall be responsible for correcting any notices of violations issued as a
result of the contractor's or any subcontractor's actions or operations during the perfonnance of
this contract. Corrections for any such violations shall be at no additional cost to the
AUTHORITY.
The CONTRACTOR shall conduct the work so as not to interfere with the disaster response and
recovery activities of federal, state or local governments or agencies, or of any public utilities or
other private contractor.
The CONTRACTOR shall provide contact information for all key personnel to the
AUTHORITY that shall include name, phone number, cellular phone number and email address.
The CONTRACTOR and its agents shall respond in a timely manner to all AUTHORITY
inquiries at all times.
PART 1- DEBRIS REMOVAL AND DISPOSAL OPERATIONS
General
The purpose of Part 1 of this scope of work is to define the requirements for debris removal and
disposal operations after any catastrophic disaster within Palm Beach County.
For work performed on a Time and Materials basis, all hourly equipment rates shall include the
cost of the maintenance, fuel, repairs, overhead, profit, insurance, and any other costs associated
with the equipment including labor and operator.
Contract No. 07-240
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Services
The CONTRACTOR shall provide equipment operators and laborers for debris removal
operations. The CONTRACTOR shall provide all labor and materials necessar;.' to fully operate
and maintain (including fuel, oil, grease, and repairs) all equipment under this contract.
1'\11 rates are to include the cost of protective clothing (to include hardhats and steel-toed boots),
fringe benefits, hand tools, supervision, transportation, lodging and any other costs.
The work shall consist of clearing and removing disaster generated debris as directed by the
AUTHORITY Emergency Management Coordinator. CONTRACTOR shall provide collection
equipment the day following a natural disaster or as directed by the AUTHORITY and shall provide
equipment sufficient to collect a minimum of 50,000 cubic yards of debris per day within ten (10)
calendar days of collection commencement. (Past AUTHORIT'{ natural disaster cleanup records
show that ten (10) days' following disaster, 95,000-126,000 cubic yards of debris was collected per
day). Failure to provide sufficient equipment necessary to collect required amount may result in the
AUTHORITY entering into a separate Contract with another contractor for collection services.
1. Collection of Storm Generated Residential Vegetation and Construction and
Demolition Debris.
Work may include:
. Clearing debris from residential private and public roadways
. Loading the debris
. Hauling the debris to an approved Temporary Debris Site or an authorized landfill
. Dumping the debris at the Temporary Debris Site or at an authorized landfill
Debris delivered to a Temporary Debris Site or authorized landfill will be paid based on the per
cubic yard price according to the Fee Schedule.
II. Hourly Rate Clearing
From 0-70 hours following a disaster CONTRACTOR shall provide the clearing services on an
hourly rate that shall include the following:
. Clear debris from emergency evacuation routes, access roads to critical facilities,
and primary roadways
. Perform emergency removal of debris if needed for life-saving measures
. Conduct daily briefings with debris managers and other officials to update progress
and discuss issues
. Develop a traffic control plan along potential haul routes and at debris management
and disposal sites
The CONTRACTOR shall not move from one designated Collection Service Area to another
area without prior approval from the AUTHORITY Emergency Management Coordinator or
designee, CONTRACTORS and/or subcontractors that move to a designated Collection Service
Area without prior AUTHORITY approval may be terminated immediately. The AUTHORITY
reserves the right to relocate CONTRACTOR to other Collection Service Areas based on need
Contract No. 07-240
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and ability to perform required work at an acceptable level. The AUTHORITY reserves the right
to immediately terminate CONTRACTOR and any subcontractor who fails to provide service in
accordance to guidelines set forth by FEMA and the AUTHORITY.
The AUTHORITY or designee shall forward all claims of damage to the CONTRACTOR daily.
CONTRACTOR shall provide all contact information, including nan1e, phone number, cellular
phone number, fax number and email address, for personnel responsible for resolving all claims of
damage. CONTRACTOR must respond to all claims of damage within 24 hours and resolve within
ten (10) calendar days.
In the event the CONTRACTOR fails to repair damages as a result of the Contractor's equipment
failure or negligence within the time provided within this Contract, the AUTHORITY or designee
may arrange for the repairs and assess the CONTRACTOR for the cost of the repairs and any
applicable administrative charges. Any disputes as to damage responsibility will be presented to the
Emergency Management Coordinator or designee for review. The decision of the Emergency
Management Coordinator or designee will be final.
Equipment
All trucks and equipment must be in compliance with all applicable federal, state, and local rules
and regulations. Trucks used to haul debris must be capable of rapidly dumping their load
without the assistance of other equipment, be equipped with a tailgate that will effectively
contain the debris during transport that will permit the trucks to be filled to capacity. Cyclone
fence may be used as temporary tailgates if they comply with the following specifications:
· Fencing must be permanently attached to one side of the truck bed.
· After loading, the fencing must be tied to the other side of the truck bed at two
places with heavy gauge wire.
· Fencing must extend to the bottom of the bed.
· After loading, bottom of fencing shall be tight against the bed of the truck and
secured at a minimum of two locations.
· Solid iron metal bars must be secured to both sides of the fencing.
· There shall be no hand loaded equipment allowed.
The AUTHORITY or designee shall complete certifications indicating the type of vehicle, make
and model, license plate number, equipment number, and measured maximum volume, in cubic
yards, of the load bed of each piece of equipment utilized to haul debris. The measured volume
of each piece of equipment shall be calculated from actual internal physical measurement
performed and certified by the CONTRACTOR. Maximum volumes may be rounded up to the
nearest cubic yard. The reported measured maximum volume of any load bed shall be the same
as shown on the placards affixed to each piece of equipment. The AUTHORITY reserves the
right to re-measure trucks and trailers at any time to verify reported capacity. If a truck and/or
trailer are re-measured and the yardage capacity is determined to be lower, the lower yardage
volume will be retro to the initial load and total volume adjusted accordingly.
All trucks and trailers utilized in hauling debris shall be equipped with a tailgate that will permit
the vehicle to be loaded to capacity and effectively contain the debris on the vehicle while
hauling. If installed, all sideboard extensions must remain in place throughout the operation, or
cContract No. 07-240
SOW-7
the vehicle must be re-measured and remarked. l\ll extensions to the bed are subject to
acceptance or rejection by the AUTHORITY Inspector.
Trucks or equipment designated for use under this contract shall not be used for any other work
during working hours. The CONTRACTOR shall not solicit work from private citizens or others
to be performed in the designated Collection Service iuea during the period of this contract.
Under no circumstance will the CONTRA.CTOR mix debris hauled for others with debris hauled
under this contract. Failure to comply will result in no payment to CONTRACTOR and operator
and vehicle will be declared ineligible to provide any additional emergency debris collection
services. Any and all unapproved changes to placard will result in no payment to
CONTRACTOR and operator and vehicle will be declared ineligible to perform any additional
emergency debris collection services.
Securin1! Debris
The CONTRACTOR shall be responsible for properly and adequately securing debris on each
piece of equipment utilized to haul debris. Prior to leaving the loading site, the CONTRACTOR
shall ensure that each load is secure and trimmed so that no debris extends horizontallv beyond
. .
the bed of the equipment in any direction. All loose debris shall be reasonably compacted during
loading and secured during transport. Tarps or other coverings shall be provided by the
CONTRACTOR to prevent materials from falling or being blown from the bed. Loads not
properly tarped or otherwise covered will not be allowed to dispose at any AUTHORITY
approved temporary debris site which may result in non-payment to CONTRACTOR.
EQuipment Signage
Prior to commencing operations, the AUTHORITY or designee shall affix to each piece of
equipment, signs or markings indicating the Owner Operator's name and a unique equipment
identification number. One sign shall be placed on each side of the equipment. For t110se trJc.ks~
trailers and other equipment intended to haul debris, the maximum volume, in cubic yards, of the
load bed shall also be shown. Each operator shall keep AUTHORITY certification with them at
all times. Placards must remain on both sides of equipment.
Other Considerations
The CONTRACTOR shall aSSIgn and provide an Operations Manager (OM) to the
AUTHORITY Debris Management Center to serve as the principal liaison between the
AUTHORITY Emergency Management Coordinator or designee and the CONTRA..CTOR'S
forces. The assigned OM must be knowledgeable of all facets of the CONTRACTOR'S
operations and have authority in writing to commit the CONTRACTOR. The OM shall be on
call 24 hours per day, seven days per week and shall have electronic linkage capability for
transmitting and receiving relevant contractual information and make arrangements for on site
accommodations. This linkage shall provide immediate contact via cell phone, Fax machine, and
have Internet capabilities. The OM will participate in daily meetings and disaster exercises,
functioning as a source to provide essential element information. The OM will report to the
AUTHORITY Emergency Management Coordinator or designee. This position will not require
constant presence; rather the OM will be required to be physically capable of responding to tk
AUTHORITY Emergency Management Coordinator within 30 minutes of notification.
Contract No. 07-240
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The CONTRA..CTOR shall be responsible for control of pedestrian and vehicular traffic in the
work area. At a minimum, one flag person should be posted at each approach to the work area.
The CONTRA..CTOR shall supervise and direct the work, using skilled labor and proper
equipment for all tasks. Safety of the contractor's personnel and equipment is the responsibility
of the CONTRACTOR. Additionally, the CONTRACTOR shall pay for all materials, persormel,
taxes, and fees necessary to perform under the terms of this contract.
Payment for debris hauled will be based on the quantity of debt1s hauled in cubic yards. Debris
hauled to a Temporary Debris Site will require a validated load ticket. Drivers will be given load
tickets at the loading site by an AUTHORITY loading site monitor. The quantity of debris
hauled will be estimated in cubic yards at the Temporary Debris Site by an AUTHORITY
Temporary Debris Site monitor. The estimated quantity will be recorded on the load ticket. The
AUTHORITY Temporary Debris Site monitor will retain one copy of the load ticket and the
driver will retain two copies of the load ticket. Debris being hauled to a permanent landfill will
be paid based on cubic yards recorded on an approved load ticket. Payment will be made against
the CONTRA..CTOR'S invoice once site monitor and contractor load tickets and/or scale tickets
match. Load tickets not properly completed and signed will not be paid.
PART 2 - TEMPORARY DEBRIS SITE OPERATIONS
General
The purpose of Part 2 of this scope of work is to define the requirements for Temporary Debris
Site Operations after any catastrophic disaster within Palm Beach County.
The CONTRA..CTOR shall use only Temporary Debris Sites designated by the AUTHORITY
Emergency Management Coordinator.
The Temporary Debris Site foreman shall direct all dumping operations. Different types of debris
shall be kept in separate piles at the Temporary Debris Site. At a minimum, one flag person shall
be posted at each Temporary Debris Site for traffic control and to direct unmixed loads to proper
location (by debris type) to be dumped. CONTRACTOR shall be responsible for sorting and
proper placement of all loads not dumped in appropriate location which results in mixing the
once separated debris at no charge to the AUTHORITY.
The CONTRA..CTOR shall begin grinding vegetative debris within five (5) calendar days of
temporary debris site opening date and removing mulch/wood chips within ten (10) calendar
days of site opening date. The CONTRACTOR shall begin removal of Construction and
Demolition/mixed debris from Temporary Debris Site within five (5) days of site opening date.
Services
The scope of work consists of two parts.
The first part includes site setup/preparation and site closeout/restoration and shall be
compensated on a time and materials basis in accordance with the hourly rates provided in the
Fee Schedule, Part B. Site set-up/preparation/closeout/restoration includes: clearing, stripping,
hauling, fill placement, constructingldeconstructing processing pads, limerock or crushed
Contract No. 07-240
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concrete access roads, sodding, and any other similar activity necessary to make the site usable
for its intended purposes and to return the site to its original condition.
[Part B rates need to be usable by the County as well as other governmental entities that may
choose to "piggyback" this contract award and must not be encumbered by components
extraneous to their needs such as Authority Temporary Debris Site material costs.]
The second part consists of Temporary Debris Site operations and material processing and shall
be compensated in accordance with the unit prices provided in the Fee Schedule, Part A.
I. The CONTRACTOR shall provide equipment, operators, and laborers for Temporary Debris
Site operations as specified by Task Order. Unit prices provided in the Fee Schedule, Part A.
shall include all labor and materials necessary to fully operate and maintain (including fuel.
oil, grease, repairs, operator, mobilization, demobilization, overhead, profit, lodging and
insurance) all equipment under this contract. In addition, materials needed for site
setup/preparationicloseout/restoration (including rental or construction of the Inspection
Tower) are included in the rates in Fee Schedule, Part A. Each Inspection Tower shall be
equipped with two (2) portable toilets. Toilets shall be provided immediately upon
completion of tower assembly. CONTRACTOR shall provide a water truck for the purpose
of applying to site surface to minimize dust. The AUTHORITY shall provide a front-load
garbage container and collection service of the container at each Temporary Debris Site.
CONTRACTOR shall be responsible for cleaning up all trash and litter generated on the site
from daily operations and depositing into the container for collection. The entrance roadway
and surrounding area within Y2 mile of the site's entrance shall be cleaned daily by the
CONTRACTOR. All pre-storm identified sites shall be opened \vithin three (3) calendar
days of natural disaster. Failure to open sites with proper equipment and necessary personnel
will result in a $10,000 fine per day.
All rates shall include the cost of protective clothing (to include hardhats and steel-toed
boots), fringe benefits, hand tools, supervision, transportation, lodging, and any other costs.
II. The work shall consist of managing the operations of a Temporary Debris Site and
performing debris reduction by air curtain incineration and/or grinding of storn1 generated
debris as directed by the AUTHORITY Emergency Management Coordinator.
The AUTHORITY plans to use two types of Temporary Debris Sites.
. Vegetative Temporary Debris Sites will be devoted to the reduction of clean
woody debris by either burning or grinding.
. Mixed debris and Construction & Demolition (C&D) Temporary Debris Sites \vil1
be operated as transfer points. Mixed and C&D debris will be deposited at these
sites and then reloaded for final transport to an authorized landfill.
Material coming into the Vegetative or C&D Temporary Debris Sites will be measured and paid
for by the cubic yard according to the Fee Schedule, Part A. Material removed and transporter1
from a C&D Temporary Debris Site will be measured and paid by the cubic yard according to
the Fee Schedule.
Contract No. 07-240
SQW-IO
Locations of all Temporary Debris Sites will be provided by the AUTHORITY. The
AUTHORITY Emergency Management Coordinator must approve site improvements before
work begins and any costs, other than those in the Fee Schedule, that might have been negotiated
under a Task Order shall be documented for payment.
Material processed at a Temporary Debris Site by either grinding or burning will be measured
using cubic yards from incoming load tickets. Material entering a Debris Management Site will
be deposited in manageable piles.
Reportine
The CONTRACTOR shall submit a report to the AUTHORITY Emergency Management
Coordinator or designee by close of business each day of the term of the Task Order. Each
report shall contain, at a minimum, the following infonnation:
· Contractor's Name
· Contract Number
· Daily and cumulative hours for each piece of equipment, if appropriate
· Daily and cumulative hours for personnel, by position, if appropriate
· Volumes of debris handled
Failure to provide audit quality information by 5:00 p.m. of the following day of operation will
subject CONTRACTOR to non-payment in each instance at the sole discretion of the
AUTHORITY.
Other Considerations
The CONTRACTOR shall supervise and direct the work, using skilled labor and proper
equipment for all tasks. Safety of the Contractor's personnel and equipment is the responsibility
of the CONTRACTOR. Additionally, the CONTRACTOR shall pay for all materials, personnel,
taxes, and fees necessary to perform under the terms of this contract.
The CONTR.A.CTOR shall be responsible for control of pedestrian and vehicular traffic in the
work area.
In the event a Temporary Debris Site must be closed due to CONTRACTOR equipment or
operational failures, CONTRACTOR shall be fined $25,000.00 per day for every day the site has
to remain closed.
Debris Clearance (for access) from Rieht-of-Wavs and Public Property
The Authority provides support to Palm Beach County Government for Debris Management,
including the clearance (moving debris from the middle of the road, etc.) of debris from right-of-
ways and public property. Palm Beach County intends to perform debris clearance for access
with its own forces or under existing contractual agreements between the County and local firms.
However, in a significant disaster, these resources may be insufficient to perform the clearance
activities in a timely manner.
Contract No. 07-240
SOW-II
This debris clearance is to be considered supplemental and optional service, It is anticipated that
debris clearance activities would be conducted, if needed, on a time and material basis using the
rates in the Fee Schedule, Part B.
PART 3 - PROCESSING. LOADING A.!'\'D HAULING l\1ATERIAL
CONTR.A.CTOR shall provide all necessary labor, material and equipment to process, load and
haul wood chips and construction and/or mixed debris from Temporary Debris Sites in Palm
Beach County to final destination for disposal as directed by the AUTHORIT'{. The
AUTHORITY reserves the right to contract with other fin11s to process, load and haul wood
chips and construction and/or mixed debris to a final destination as may best meet the needs of
the AUTHORITY. All wood chips, construction and/or mixed debris shall be disposed of in
accordance with all Local, State of Florida and Federal guidelines.
IV. MISCELLANEOUS REQUIREJ\iENTS
Temporary Debris Site Foreman
The Temporary Debris Site foreman must be an employee of the CONTRACTOR and lS
responsible for management of all operations of the site to include, traffic control, dumping
operations, segregation of debris, burning, grinding, and safety.
The Temporary Debris Site foreman will be responsible for monitoring and documenting
equipment and labor time and providing the daily operational report to the AUTHORITY
Emergency Management Coordinator or designee.
Temporary Debris Site Ni2ht Foreman
The Temporary Debris Site night foreman must be an employee of the CONTR_P~CTOR fu'1d is
responsible for managing all night operations approved by the AUTHORITY that will be limited
primarily to burning.
The Temporary Debris Site night foreman will be responsible for monitoring and documenting
equipment and labor time and providing the daily operational report to the AUTHORITY
Emergency Management Coordinator or designee.
Temporarv Debris Site Mana2ement Plan
Once the Temporary Debris Site is identified by the AUTHORITY. the CONTRACTOR will
provide a Site Management Plan.
Three (3) copies of the plan are required. The plan shall be drawn to a scale of 1" = 50' and
address the following functions:
. Access to site
. Site preparation -clearing, erosion control, and grading
. Traffic control procedures
. Safety
. Segregation of debris
. Location of ash disposal area, hazardous material containment area. contractor
work area, and inspection tower
Contract No. 07-240
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. Location of incineration operations, grinding operation (if required). Burning
operations require a 100- foot clearance from the stockpile and a 1000- foot
clearance from structures
. Location of existing structures or sensitive areas requiring protection
Inspection Tower
The CONTRACTOR shall construct an inspection tower at each Temporary Debris Site within
three (3) calendar days of natural disaster. The tower shan be constructed using pressure treated
wood or steel scaffold. The floor elevation of the tower shall be 10- feet above the existing
ground elevation. The floor area shall be a minimum 8' by 8', constructed of 2"x 8" joists, 16"
O.c. with 3/4" plywood supported by a minimum of four 6" x 6" posts. A 4-foot high wall
constructed of 2" x 4" studs and W' plywood shall protect the perimeter of the floor area. The
floor area shall be covered with a roof. The roof shall provide a minimum of 6'-6" of headroom
below the support beams. Steps with a handrail shall provide access to the tower. Inspection
towers must provide a dry area for employees and meet all FEMA OSHA requirements.
Grindin2 Operation
The CONTRACTOR shall have grinders on site and in operation within 72 hours of natural
disaster. Failure to provide grinder(s) on site in operation within 72 hours shall result in a
$10,000 per day fine. There shall be no period longer than 24 hours in which grinding activity
may stop due to equipment or operational failure. Failure to provide back-up equipment within
24 hours shall result in a $2,000 fine per hour per approved hours of grinding operation per day
until grinding activity resumes.
Household Hazardous Waste Containment Area
The CONTRACTOR shall construct a hazardous material containment area at each Temporary
Debris Site. The area shall be 30' x 30'. The perimeter shall be lined with hay bales and staked
in place. The area shall be lined with a heavy gage plastic to provide a waterproof barrier.
Additional plastic sufficient to cover the area is required to prevent rain from entering the
containment area. Site run-off must be redirected from the containment area by site grading.
V. PERFORMANCE OF CONTRACTOR
It is the intent of this Contract to ensure that the CONTRACTOR provides a quality level of
services. To this end, all complaints received by the Emergency Management Coordinator or
designee, and reported to the CONTRACTOR shall be promptly resolved pursuant to the provisions
of this Contract.
The Emergency Management Coordinator or designee may levy administrative charges for the
following infractions:
1. Failure to open pre-storm identified sites within three (3) calendar days of natural
disaster - $10,000 per day for each day not opened
2. Closure of Temporary Debris Site due to CONTRACTOR equipment, or
operational failures - $25,000 per day, for each day site must remain closed
Contract No. 07-240
SOW-13
Failure to provide back-up grinders within 24 hours of equipment breakdown - $2,000 per hour
per approved grinding hours of operation per day.
CONTR.<\CTOR may also be subject to non-payment and a fine of $200 for each of the
follO\ving infractions:
1. Failure to provide audit quality information by 5:00 p.m. of the follo\ving
day of operation
2. Loads not properly tarped or otherwise covered
3. Mixing debris hauled from other sources ,vith debris hauled under this contract
4. Mixing vegetation debris with C & D material
CONTR.<\CTOR may be immediately terminated and also subjected to non-payment for the
following:
1. Collection of any non-eligible, non-AUTHORITY approved stumps or debris
') Moving to another designated Collection Service Area without prior
AUTHORITY approval
3. Failure to provide service in accordance to guidelines set forth by FEMA and the
AUTHORITY
4. Soliciting work from private citizens or others to be performed in the designated
Collection Service Area during the period of this contract
5. Alteration of placards placed on certified trucks and/or trailers
Any disputes regarding Peljormance of Contractor ivill be presented to the Emergency
Afanagemem Coordinator or designee for review. The Emergency Management Coordinator or
designee shall complete review and make determination within 10 calendar days. Decisions of
the Emergenc.v Management Coordinator or designee shall befinal.
Contract No. 07-240
SOW-14
Phillips and Jordon
EXHIBIT B
FEE SCHEDULE
HURRICANE/DISASTER DEBRIS REMOVAL, REDUCTION, AND DISPOSAL
CONTRACT NO. 07-240
PART A - VOLUME BASED PRICING FOR 3,000,000 CUBIC YARD DEBRIS DISASTER
Item/Description Estimated Unit Price
Quantity Unit
1.0 Public Property and Right of Way Collection, Loading and
Hauling to a designated Temporary Debris Site or Authority 3,000,000 CY 10.25
approved Disposal Facility
2.0 Temporary Debris Site operation to include placement of
monitoring towers, portable toilets, keeping area clean of 3,000,000 CY 2.00
trash, debris acceptance, pile management, and phase I
reclamation.
3.0 Processing of debris through grinding and/or chipping. 2,500,000 CY 2.50
4.0 Loading, hauling and disposing wood chips to final 1,000,000 CY 9.80
destination.
5.0 Loading, transporting and final disposition (disposal) of
construction and/or mixed debris from Temporary Debris 500,000 CY 14.75
Site hauling to a permitted C&D recycling facility or any
other approved non-Authority Disposal Facility.
Loading and transporting only of construction and/or mixed
debris from Temporary Debris Site to one of the following:
A. Okeechobee County Landfill 400,000 CY 9.50
B. Pompano Beach Landfill 100,000 CY 9.50
6.0 V olume reduction through air curtain incineration or open 2,500,000 CY 2.00
burning.
Unit Prices, unless otherwise indicated, shall include all labor (operators, laborers, supervisors) and
materials including but not limited to: supplies, equipment maintenance, repairs, repair parts, fuels,
lubricants, cellular phones, transportation, and housing, if required, necessary to accomplish the
project. The quantities and distributions are estimated for the purpose of making an award. Locations
of sites, debris quantities, destinations, material densities, etc. may differ substantially in an actual
disaster.
Assumptions: 3,000,000 cubic yards of debris consisting of 2,500,000 cubic yards of vegetation
debris and 500,000 cubic yards of mixed debris.
Contract No. 07-240
Page 1 of2
Phillips and Jordon
EXHIBIT B
FEE SCHEDULE
PART B - HOURLY RATES
- ---- I
DEBRIS MANAGEMENT SITE SET-UP AND CLOSURE
DEBRIS CLEARA"l\CE FOR ACCESS
OPTIONAL USE BY COUNTY AND OTHER GOVERNMENTAL ENTITIES I
EQUIPMENT AND LABOR RATES
-.-. I
Hourly Hourly Total I
Equipment Type Equipment Labor Hourly I
Rate Rate Rate
Bobcat Loader 60.00 35.00 95.00
Crew Foreman wi Cell Phone and Pickup 15.00 60.00 75.00
Dozer, Tracked, D5 or similar 65.00 35.00 100.00
Dozer, Tracked, D6 or similar 85.00 35.00 120.00
Dozer, Tracked, D7 or similar 105.00 35.00 140.00
Dozer, Tracked, D8 or similar 145.00 35.00 180.00
Dump Truck, 18 CY-20 CY 35.00 35.00 70.00
Dump Truck, 21CY-30 CY 35.00 35.00 70.00
Generator and Lighting 20.00 -0- 20.00
Grader wi 12' Blade 75.00 35.00 11 0.00
Hydraulic Excavator, 1.5 CY 80.00 35.00 115.00
Hydraulic Excavator, 2.5 CY 90.00 35.00 125.00
Knuckleboom Loader 115.00 35.00 150.00
Laborer wi Chain Saw -0- 45.00 45.00 I
Laborer wlsmall tools, traffic control, flag person -0- 32.00 32.00
Lowboy Trailer wi Tractor 75.00 35.00 110.00
Operations Manager wi Cell Phone and Pickup 15.00 70.00 85.00
Pickup Truck, .5 Ton 115 . 00 -0- 15.00 I
Soil Compactor 81 HP+ 45.00 35.00 80.00
Soil Compactor to 80 HP 40.00 35.00 75.00
Soil Compactor, Towed Unit 35.00 35.00 70.00
Truck, Flatbed 25.00 35.00 60.00
Tub Grinder, 800 to 1,000 HP 550.00 -0- 550.00
Water Truck 45.00 35.00 80.00
Wheel Loader, 2.5 CY, 950 or similar 60.00 35.00 95.00
Wheel Loader, 3.5-4.0 CY, 966 or similar 75.00 35.00 110.00
Wheel Loader, 4.5 CY, 980 or similar 95.00 35.00 130.00
Wheel Loader-Backhoe, 1.0-1.5 CY I 60.00 35.00 95.00 I
Contract No. 07-240
Page 2 of2
EXHIBIT C
PALM BEACH COUNTY
DEBRIS MANAGEMENT PLAN
Revised February 2007
TABLE OF CONTENTS
ACKNOWLEDGEMENTS ........................................ .......................................... ............. . I
ACRONYMS USED IN THIS PLAN ................... ............... . ........................... ... II
DEFINITIONS ..................................................... .... ....................................... ........ .. II
AUTHORITy................................... ................... ..... ................................ . ... ....
GENERAL ............................................................ ................................................. .... ........... .
PURP OSE .............................................................. .....................................................,. ............. 1
SITUATION AND ASSUMPTIONS .............................................................. ........
Situation.......................................................... ...................................................... ............ 1
Assumptions ......... ..................................................... ......... ....... ................................ .....,.......2
CONCEPT OF OPERATIONS ............... ................... ............. ..................................... ........,.... 2
Pre-Event Actions .............. .............................. .... ......................................... ...... ....... ....... ..... 2
Post-Event Actions ............... .................................... .......... ......................... .......... ................... 2
Palm Beach County Debris Manager... .................... ........... ....... ............ .................................. 2
Solid Waste Authority Executive Director ...................................................................... .........3
Palm Beach County Director of Parks and Recreation ........................................................... 3
Debris Management Center Staff Responsibilities .................................................................6
SWA Emergency Management Coordinator ..... ............................................................ ......6
SWA EOC Representative ....................................... ........................................... ...... .........6
Risk Management .................... .............................................................. ................. ...........6
Public Information Officer....................................................................................,......... ..... 6
Reimbursement Coordinator....... ............................. ....... ........ ............... .......................... . 7
Environmental Programs ............. ............... ........ ........... ....... ............ ..................................7
SWA Customer Information Services ............................................................................... 7
Composting and Vegetation Services ......... .......................................................... ...... ........7
Hazardous Waste Services............ ........ ..... ..................... ...................... .............................7
Land Management Services ...... ......................... ......... ......... ...... ........... ............................ 7
Transfer Stations.. ......... ..................................... .............. .............................................. ,....8
Debris Management Phases.................................... ........... .......... .......... .... ...... .... ....,...., .........8
Phase 1: Debris Clearance Operations .............................................................................. 8
Phase 2: Debris Removal and Disposal....................... ............ ...... .................................... 8
SWA Debris Removal and Disposal Operations ...............................................................13
Contractor Debris Removal and Disposal Operations ......................................................14
Loading Site Monitors ..... ..... ........ .........,.............. .......................................... .................. .15
Disposal Site Monitors................,. .................................................................................... 15
Load Ticket Disposition................... .................................. ................................................ 15
Field Inspection Team.................... ..................................... .............................................. 18
Debris Management Site Setup and Closeout Procedures ...............................................18
Hazardous Structures - Removal :............................... ......... ........ ........... ...... .....................18
ORGANIZATION AND RESPONSIBILITIES .............................................................................19
PBC Engineering and Public Works Department ..................................................................19
SWA of Palm Beach County ................................,................................................................19
PSC Parks and Recreation Department ................................................................................ 20
Debris Contract Administrative Team .................................. ....................... ........ ...................20
Pre-Storm Administrative Actions ....................................... ........ ......... .............................20
Pre-Storm Activation Actions .......... .......... ....... .......... .... ...................... ....... ....... ........ ......21
Post-Storm Actions ... ........ ................................................ ..................... ..... ......................21
PBe DEPARTMENT AND AGENCY RESPONSIBILITIES ....................................................... 22
ACKNOWLEDGEMENTS
Palm Beach County Engineering and Public Works (PBCENG) Department is the lead agency
responsible for emergency debris clearance on essential transportation routes and for
coordinating the permanent removal and disposal of all debris deposited along or immediately
adjacent to public rights-of-way. This Debris Management Plan identifies the actions required to
plan for and respond to a natural debris-generating event.
The Road and Bridge Division of PBCENG is responsible for emergency debris clearance from
essential transportation routes based on pre-established priorities identified in the Emergency
Support Function (ESF) 3 Annex to the County Comprehensive Emergency Management Plan
(CEMP). PBCENG is also responsible for clearing debris for egress from specified critical
facH ities
The Solid Waste Authority of Palm Beach County is responsible for coordinating the permanent
removal, storage, and disposal of all debris deposited along or immediately adjacent to public
rights-of-way in consultation with the lead agency and through private vendor resources as
specified in the ESF3 Annex to the CEMP.
PBCENG recognizes the cooperation from the other PBC departments and agencies identified
in this Debris Management Plan. Your understanding of the importance of having a coordinated
debris management plan in place prior to a natural disaster will contribute to the safety and well
being of all residents of PBC. .
George Webb
Director
Palm Beach County Engineering and Public Works Department
ACRONYMS USED IN THIS PLAN
CADD - Computer Aided Drafting and
Design
CEMP - County Comprehensive Emergency
Management Plan
DCA T - Debris Contract Administrative
Team
DMC - Debris Management Center
EMC - Emergency Management Coordinator
EMT - Emergency Management Team
EOC - Emergency Operations Center
EOCREP - Emergency Operations Center
Representative
PSCENG - Engineering and Public Works
Department
ESF3 - Emergency Support Function 3
(Engineering)
GIS - Geographic Information System
PSC - Palm Beach County
P&R - Department of Parks and Recreation
PIO - Public Information Officer
SWA - Solid Waste Authority of Palm Beach
Cou nty
DEFINITIONS
Construction, Demolition and Land-
Clearing Wastes: Any type of solid waste
resulting from land-clearing operations, the
construction of new buildings or remodeling
structures, or the demolition of any building
or structure.
Garbage: All organic waste, consisting of
the residue of animal, fruit or vegetable
matter, resulting from the preparation,
cooking, handling or storage of food,
exclusive of human or animal feces. It shall
also include all household solid waste
materials, tree cuttings, leaves, garden
vegetation, trimmings, and other types of
trash.
Hazardous Waste: Any waste or
combination of wastes of a solid, liquid,
contained gaseous or semisolid form which
because of its quantity, concentration or
physical, chemical or infectious
characteristics may:
· Cause or significantly contribute to an
increase in mortality or an increase in
serious irreversible or incapacitating
reversible illness; or
· Pose a substantial present or potentia!
hazard to human health or the
environment when improperly treated.
stored, transported or disposed of. or
otherwise managed.
Such wastes may include, but are not limited
to, those that are persistent in nature.
assimilated, or concentrated in tissue or
which generate pressure through
decomposition, heat, or other means. The
term does not include solid or dissolved
materials in domestic sewage or solid
dissolved materials in irrigation return flows,
or industrial discharges, which are point
sources subject to state or federal permits.
Industrial Waste: Any liquid, gaseous, solid,
or other waste substance, or a combination
thereof, resulting from any process of
industry, manufacturing, trade or business or
from the development of any natural
resources.
Recycling: The County encourages the
voluntary participation of all of its residents to
reduce the waste stream through recycling.
Residents are strongly encouraged to
recycle all items that are recyclable and
throwaway for ultimate landfill disposal only
those items, which cannot be recycled.
Special containers are provided at numerous
manned recycling and solid waste centers
for the storage and collection of
. Newspapers
. Green glass
. Brown glass
. Clear glass
. Aluminum and bi-metal beverage cans
. PET plastic milk jugs
. HDPE plastic drink bottles
. Used motor oil
. Lead acid batteries
. Scrap metals and appliances including
refrigerators, stoves, water heaters, etc.
Jl
. Composts including leaves, limbs, brush,
and yard wastes
Illegal Dumping: Dumping garbage and
rubbish, etc., on open lots prohibited. No
garbage, refuse, abandoned junk, solid
waste or other offensive material shall be
dumped, thrown onto or allowed to remain
on any lot or space withi'n the unincorporated
portions of Palm Beach County. This
includes those defined materials that were in
place before enactment of this article.
iii
PALM BEACH COUNTY
DEBRIS MANAGEMENT PLAN
AUTHORITY
Emergency Support Function 3 (ESF 3)
Public Works Annex to the County
Comprehensive Emergency Management
Plan (CEMP).
GENERAL
Palm Beach County Engineering and Public
Works (PBCENG) Department is the primary
agency responsible for the restoration of the
public infrastructure following a disaster.
PBCENG's Road and Bridge Division is
responsible for emergency debris clearance
of essential transportation routes and other
critical public facilities based on
recommendations from the Rapid Impact
Assessment Team.
The Solid Waste Authority (SWA) is a
supporting agency responsible for
implementing debris removal and disposal
actions in order to save lives and protect
property. PBCENG will coordinate with and
support SWA in the permanent removal,
storage, grinding, and disposal of all
disaster-related debris from public property.
Private property debris must be placed on or
immediately adjacent to the public rights-of-
way to be eligible for pickup and disposal.
PURPOSE
To provide organizational structure.
guidance, and standardized procedures for
the clearance, removal and disposal of
debris caused by a major debris-generating
event.
To establish the most efficient and cost
effective methods to resolve disaster debris
removal and disposal issues.
To expedite debris removal and disposal
efforts that provide visible signs of recover\'
designed to mitigate the threat to the health
safety and welfare of PBC residents
To coordinate partnering relationships
through communications and pre-planning
with local, State and Federal agencies
involved with debris management
responsibilities.
To implement and coordinate private sector
Debris Removal and Disposal contracts to
maximize cleanup efficiencies.
SITUATION AND ASSUMPTIONS
Situation
Natural disasters such as hurricanes.
tornadoes, and flooding precipitate a variety
of debris that include, but are not limited to.
such things as trees and other vegetative
organic matter, building/construction
material, appliances, personal property.
mud, and sediment.
The quantity and type of debris generated
from any particular disaster will be a function
of the location and kind of event
experienced, as well as its magnitude,
duration, and intensity. This plan is based
on the debris-generating capacity of a
Category 4 Hurricane with wind speeds in
excess of 131 miles per hour and heavy
rainfall. A Category 4 Hurricane will cause
extensive damage to large trees and shrubs
in addition to substantial structural damage
to homes and commercial property. Mobile
homes will be destroyed. Storm surge will
push sea levels 13-18 feet above normal
resulting in flooding of areas less than 10
feet above sea level 6 miles inland.
The quantity and type of debris generated,
its location, and the size of the area over
which it is dispersed will have a direct impact
on the type of removal and disposal methods
utilized to address the debris problem,
associated costs incurred, and how quickly
the problem can be addressed.
Assumptions
A major natural disaster that requires the
removal of debris from public or private lands
and waters could occur at any time.
The amount of debris resulting from a major
natural disaster will exceed the SWA's
removal and disposal capabilities.
The SWA will contract for additional
resources to assist in the debris removal,
reduction, and disposal process.
The Governor will declare a State of
Emergency that will authorize State
resources to assist in removal and disposal
of debris.
The Governor will request a Presidential
Disaster Declaration if the disaster exceeds
both local and State resources.
CONCEPT OF OPERATIONS
Pre-Event Actions
The County Emergency Management
Director will notify County Departments and
Agencies upon notice of a Category 1 or
above hurricane or other situation that could
generate large volumes of debris. Personnel
assigned to the Debris Management Center
(DMC) staff will establish presence at the
Authority Administrative Office located at
7501 North Jog Road, West Palm Beach, FL
33412 and await specific instructions from
the County Debris Manager. The DMC staff
should be knowledgeable of their specific
responsibilities identified in the Palm Beach
County Comprehensive Emergency
Management Plan, standing operating
procedures and this Plan.
Post-Event Actions
The Director of Engineering and Public
Works will be designated the County Debris
Manager. The Solid Waste Authority
Executive Director will be responsible for
establishing and staffing the Debris
Management Center. The SWA Emergency
Management Coordinator will exercise daily
operational control of the DMC staff.
The DMC staff will coordinate the actions
necessary to remove and dispose of debris
in unincorporated areas of Palm Beach
County using both Authority and contractor
assets. Specific actions will include the
following:
· Make recommendations on Authority and
contractor work assignments and
priorities based on the nine (9) County
Debris Zones. (See Enclosure 1)
· Report on progress and prepare status
briefings.
· Provide input to the County Public
Information Officer (PIO) on debris
removal and disposal activities.
· Coordinate county debris removal and
disposal operations with those of the
participating municipalities, State, and
Federal responders.
Palm Beach County Debris Manager
The Director of Palm Beach County
Engineering and Public Works (PBCENG)
will be designated as the Palm Beach
County Debris Manager.
The PBC Debris Manager will be responsible
for, but not limited to, the following with
respect to any and all debris management
issues:
· Keep the PSC Commissioners briefed on
the status of the debris clearing, removal,
and disposal operations.
· Assure that PBC is represented at all
meetings with other government and
2
private agencies involved with the debris
cleanup operation.
The county has been divided into 9 Debris
Management Zones (See Enclosure 1) to
facilitate and coordinate the rapid and
economic clearing and eventual removal and
disposal of disaster-generated debris. The 9
Debris Zones coincide with the 9 SW A
service areas used for solid waste collection.
The PBC Debris Manager will assign a
PBCENG Debris Coordinator to the
Emergency Operations Center (EOC) with
the responsibility for coordinating all debris
clearance and cleanup actions involving
PBCENG Road and Bridge Division
personnel and equipment, SWA, and PBC
Parks and Recreation (P&R) Department
personnel and equipment. (See Figure 1)
Actions will focus on keeping track of
progress of the initial debris clearance from
public roadways and critical facilities. The
PBCENG Debris Coordinator will keep the
SWA EOC Representative and other
department debris coordinators informed of
cleanup progress and any problems
encountered or expected.
The PSC Debris Manager will be supported
by a joint debris staff made up of personnel
from the Solid Waste Authority staff and
representatives from other supporting
departments and agencies under direct
control ofthe Executive Director of the Solid
Waste Authority. (See Figure 2) The Debris
Management Center (DMC) that will be
located at the Solid Waste Authority
Administration Building located at 7501
North Jog Road, West Palm Beach, FL
33412.
Solid Waste Authority Executive Director
The Executive Director of the Solid Waste
Authority will be responsible for, but not
limited to, the following with respect to any
and all debris management issues:
· Keep the PBC Debris Manager briefec
on the status of debris removal and
disposal operations.
· Provide a DMC representative at a!
meetings with other government and
private agencies involved with the debris
cleanup operation.
· Appoint a SWA Emergency Management
Coordinator (EMC) responsible for daily
operational control of the DMC.
· Appoint a Public Information Officer
(PIO) to coordinate media reports on
debris operations with the EOC's PIO
· Coordinate with affected cities within
PBC on all debris clearance, removal
and disposal issues through EOC
conference calls.
· Convene emergency debris coordinating
meetings at the DMC as appropriate.
· Ensure that the DMC is provided all
needed administrative staff support.
Palm Beach County Director of Parks and
Recreation
The Director of PBC P&R will provide a
representative to the EOC to coordinate a!!
P&R debris missions. The P&R Debris
Coordinator will be responsible for
coordinating all P&R debris cleanup actions
involving P&R and contractor personnel and
equipment. Actions will focus on supporting
PBCENG with debris removal from PBC
parks and recreational facilities. The P&R
Debris Coordinator will keep track of
progress of park debris cleanup operations.
The P&R Debris Coordinator will also keep
other department debris coordinators
informed of cleanup progress and any
problems encountered or expected.
3
Palm Beach County
Debris Management Organization
PSC County Debris ManaQer EOCI ESF3
PSCENG Debris Coordinator
George Webb
Director, PBCENG TBD
I
I
,
1------------------------------,
I I
I
P&R EOC Debris Representative SWA EOC Repr
TBD - - Marc Bru
I
Solid Waste Authority I
I
I
Debris ManaQement Center I
I
I
I
John D. Booth I
I
SWA Executive Director I
I
I
I
Mark Hammond ----------------------------------------
Managing Director
Mark Eyeington
Emergency Management Coordinator
esentative
ner
Figure 1
4
Debris Management Center
Organization Chart
Solid Waste Authority
Debris ManaQement Center
Risk Manaqement
John D. Booth
SVV/O. Executive
SWA EOC Representative
John Williams
Mark Hammond
Managing Director
r/iarc Bruner
Mark Eyeington
Emergency Management Coordinator
Debris Manaqement Consultant
Public Information Officer
Linda Hodgkins
Debris Contract Administrative Team
(Team Manager)
(Assistant Team Manager)
(Contracting Specialist)
((Field Inspectors) (5ea)
(Contractor Representative)
Reimbursement Coordinator
John Green
Debris Removal & Disposal Contractors
Environmental Compliance
Mark Mclean
,
I I
SWA Collections Compostinq & Veaetation Services
John Archambo Engineering
Rav Schauer
Haz:ardous Waste Services
land Mqmt Services
Transfer Stations
Robert J. Madden
Keith Kinley
Michael Berg
Figure 2
5
Debris Management Center Staff
Responsibilities
SWA Emergency Management
Coordinator
The SWA Emergency Management
Coordinator (EMC) is responsible for daily
operational control of the DMC staff. . The
SWA EMC will receive current information on
the severity of the disaster from the SWA
EOC Representative located at the PSC
EOC. All requests for debris removal or
disposal from the EOC staff will go through
the SWA EOC Representative to the SWA
EMC. Requests for debris clearing from
public facilities and roadways will be directed
to the PSCENG Debris Coordinator.
The SWA EMC will determine the extent of
damage and resulting debris and issue
appropriate directives to the appropriate
SWA Emergency Management Team (EMT)
leaders. The EMT leaders, in turn, wili
execute their Team's debris missions as
defined in this plan and SWA Standard
Operating Procedures.
The SWA EMC will coordinate with the SWA
Collections Director and Debris Management
Consultant on Debris Removal and Disposal
Contract activities.
The SWA EMC will keep the PSC Debris
Manager informed on all ongoing debris
management operations through meetings
and/or reports.
SW A EOC Representative
The SW A EOC Representative is located at
the PSC EOC and is responsible for
coordinating all requests for debris removal
activities initiated by the EOC staff involving
SWA's debris removal and disposal mission.
Debris Management Consultant
The Debris Management Consultant will
implement a unified system of truck bed
volume measurement, placarding and
auditing of truck volumes through random
checking throughout the debris collection
and disposal process.
The Debris Management Consultant will
conduct a pre and post event environmental
assessment of each temporary debris
storage site.
The Debris Management Consultant will
keep the SWA EMC informed of Debris
Removal and Disposal Contractor cleanup
progress and problems encountered at any
of the debris sites.
The Debris Management Consultant will train
and supervise the activities of the debris field
monitors, debris site monitors as well as the
assignment of load tickets by field monitors
and collection of load tickets from the county
debris sites.
Risk Management
The SWA Risk Manager (Risk) will be
responsible for compiling all damage reports
for SWA facilities using FEMA's Project
Worksheet forms and coordinate the
submission of these forms with the SWA
Reimbursement Coordinator and EMC. Risk
will also coordinate with the DCA T, as
required, to assure that debris management
contractors establish and maintain insurance
coverage as required by the contract.
Public Information Officer
The SWA Public Information Officer (PIO)
will serve as the DMC's liaison to the EOC's
PIO. The PIO will develop a proactive
information management plan. Emphasis
will be placed on actions that the public can
perform to expedite the cleanup process.
Flyers, newspapers, radio and TV public
service announcements should be used to
obtain the public's cooperation by separating
6
garbage from storm debris; segregating
household hazardous waste; placing disaster
debris at the curbside; keeping debris piles
away from fire hydrants and valves; reporting
locations of illegal dump sites or incidents of
illegal dumping, and segregating recyclable
materials. Pickup schedules will be
disseminated in the local news media and
the SWA Emergency Information Hotline
561-640-4000.
Reimbursement Coordinator
The SWA Reimbursement Coordinator will
provide for the collection and compilation of
all labor, equipment hours,
materials/supplies and expenditures related
to disaster response and recovery. The
Reimbursement Coordinator will also
manage the receipt and submission of all
Debris Contractor payables via load tickets
and load ticket data base information.
Environmental Programs
The SWA Environmental Programs
(Environmental) will assist with the
coordination with federal, state, and local
environmental regulatory agencies, the
DCA T and the debris management
contractors. Environmental shall also assist
with compliance monitoring for all Debris
Management Sites based on applicable
regulations or Emergency Orders issued by
the Florida Department of Environmental
Protection (FDEP) and debris management
contracts.
SWA Customer Information Services
The SW A Customer Information Services
(CIS) shall be responsible for the
coordination with franchise waste haulers to
reestablish garbage collection in the
unincorporated areas of the county and in
cities through contact and municipal public
works departments. CIS will provide a
communication link between the general
public, waste haulers and the DCA T. CIS will
coordinate their activities with Emergency
Management Coordinator in matters
regarding storm debris collection,
transportation, and disposal. CIS will provide
support in the monitoring of Debris
Contractors, load inspections at OMs and
other off-site areas and the preparation of
Load Sheets at Debris Management sites.
choke points, or other public right-of-ways in
impacted areas.
Composting and Vegetation Services
Composting and Vegetative Services will
provide support, as available, to the DCA T in
the monitoring of the yard trash Debris
Management sites located in various places
throughout the county.
Hazardous Waste Services
SWA Household Hazardous Waste Services
(Hazwaste) shall be responsible for the
coordination of inspections, notifications, and
if necessary, cleanup or mitigation of any
hazardous waste releases at SWA facilities.
Hazwaste will resume operation of
household hazardous waste collection
centers as soon as conditions allow. In
coordination with the Debris Management
Consultant and the DCAT, Hazwaste will
identify household hazardous waste (HHW)
drop-off locations within Debris Zones as
needed. Hazwaste will monitor these HHW
drop-off points for compliance with
appropriate regulations and provide for the
timely removal and disposal of any and all
hazardous waste brought to these sites. At
the request of the DCAT, Hazwaste will
coordinate the removal any household
hazardous waste left at any of the Debris
Management sites located through the
county .
Land Management Services
SWA Land Management Services (Land
Management) shall be responsible for storm
debris cleanup at SWA facilities. Land
Management will provide a status report to
7
the DCA T on the availability of disposal
capacity and the types and quantities of
storm debris being delivered to the SWA Jog
Road landfill facilities for processing or
storage.
Transfer Stations
The SWA Transfer Stations shall be
responsible for accepting and transferring
garbage from municipalities and the
unincorporated areas of Palm Beach County
to the SWA Jog Road WTE Plant, landfill or
other disposal facilities as necessary, All
non-garbage storm debris will be directed to
a selected Debris Management site for
storage, processing or shipment to an SWA
designated landfill for disposal. Transfer
Stations shall communicate with the EMC to
identify and resolve any capacity,
transportation, debris contractor or waste
handling situations that arise at any of the
Transfer Stations.
Debris Management Phases
Phase I:
Debris Clearance Operations
PBCENG Department is the lead agency
responsible for coordinating impact
assessment for all PBC public structures,
equipment, and debris clearance
immediately following a large scale disaster
in order to prioritize the impacted areas and
resource needs. Debris clearance from PBC
roadways and PBC public property will be
accomplished using PBCENG crews and
equipment, mutual aid providers, and private
contractor resources.
PBCENG Road and Bridge Division's
primary mission is to clear debris from at
least one lane on all primary and secondary
roads to expedite the movement of
emergency service vehicles such as fire,
police and medical responders. A listing of
critical facilities and primary road clearance
list is at Enclosure 2.
PBCENG's Damage Assessment Teams will
conduct initial zone by zone windshield
surveys to identify the type of debris and to
estimate amounts of debris on the roadways.
The results of the windshield surveys will
also be provided to the SWA EOC
Representative located at the EOC.
Priority for debris clearance will be based
upon the following criteria:
1 . Extricate people
2. Major flood drainage arteries
3. Egress for fire, police, and
Emergency Operations Center
4. Communications tower at Forest Hill
Boulevard
5. Ingress to hospitals, jail, and special
care unit
6. Major traffic routes
7. Egress for Belvedere Road complex
for fleet, traffic, road and bridge, and
desfgnated remote locations
8. Supply distribution points and mutual
aid assembly areas
9. Government facilities
10. Public Safety communications towers
11. American Red Cross shelters
12. Secondary roads to neighbor
collection points
13. Access for utility restoration
14. Neighborhood streets
15. Private property adversely effecting
public welfare.
During the debris clearance and removal
process, PBCENG will be responsible to
ensure that power lines do not pose a
hazard to emergency work crews and to
coordinate the response effort with Florida
Power and Light and other utility companies
as appropriate.
Phase ~I:
Debris Removal and Disposal
Unincorporated
The general concept of debris removal
operations includes multiple, scheduled
passes of each critical site, location, or
rights-of-way as directed by the DMC staff.
8
This manner of scheduling debris removal
allows residents to return to their properties
and bring debris to the edge of the rights-of-
way as property restoration progresses.
PBC has been divided into nine (9) Debris
Zones to control and expedite debris-
removal and disposal operations (See
Enclosure 1) The quantity of potential debris
generated by a Category 4 Hurricane for
each Debris Zone is shown in Table 1.
The SWA uses a Debris Prediction Model
based on the Army Corps of Engineer's
Debris Model to calculate the approximate
amount of storm debris that will be
generated as a result of a category 1
hurricane or above.
Phase II:
Debris Removal and Disposal
Municipal*
Each municipality
coordinating the
is responsible for
permanent removal.
* Includes special district or other eligible applicants
storage, and disposal of all debris deposited
along or immediately adjacent to public
rights-of-way in the municipality.
The SWA has entered into Interlocal
Agreements with municipalities in Palm
Beach County to allow for a cooperative
effort in the management of disaster debris
and securing reimbursement for eligible
debris management costs from appropriate
Federal, State and Local agencies. The
SWA has printed pre numbered load tickets
and numbered truck placards, available to
the municipalities to use at SW A Debris
Management Sites. Any municipality
choosing to use SWA Debris Management
Sites, must certify and placard the trucks
used by their contractors to haul debris to
the debris site. Each load of debris brought
to the debris site must be accompanied by a
valid and properly completed SWA issued
load ticket.
9
Debris Zone Estimates
Debris Zones Single Condo Mobile Estimated Temporary
Family Units Homes Debris Debris Mgmt
Site
1 47,761 20,962 1,675 2,825,237CY 291 Acres
2 28,447 27,510 3,395 2,032,817 CY 209 Acres
3 29,914 11 ,344 3,579 1,870,637 CY 193 Acres
4 68,897 34 A64 5,951 4,318,997 CY 445 Acres
5 58,925 39,974 4,732 3,835,414 CY 395 Acres
6 46,329 55,532 191 3,203,206 CY 330 Acres
7 28,297 13,696 1,851 61,140 CY 6 Acres
8 29,517 1,699 77 1,526,258 CY 157 Acres
9 4,665 2,242 1,722 357,922 CY 37 Acres
Total 342,752 207,423 23,173 20,031,628 CY 2,063 Acres
Table 1
Note: Estimated debris based on 50% of single family homes, condo units, and mobile homes
Estimated debris totals include all municipalities within each debris zone
10
Municipal Debris Estimates
I Condo I Mobile I .-
i Municipalities Single Estimated Temporary
i
(Debris Zone) Family Units Homes I Debris Debris Site
Atlantis (4) I 959 236 0 52,211 CY 5 Acres
Belle Glade (9) 2340 610 435 149,971 CY I 15 Acres
Boca Raton (6) 22,609 18,559 41 1,430,637 CY 147 Acres ;
Boynton Beach (5) 16,862 I 12,979 205 1,062,708 CY 109 Acres ;
Briny Breezes (5) 7 I 0 259 13.486 CY 1 Acre
Cloud Lake (3) 53 i 0 0 2,687CY 1 Acre
I
Delray Beach (5/6) 14,810 I 15,795 416 1,012,200 CY 104 Acres
I
Glen Ridge (3) 80 0 0 4,056 CY 1 Acre .
Golf (5) 164 0 0 8,315 CY 1 Acre
Greenacres (3/4) 8,243 6,690 822 561,350 CY 58 Acres
Gulf Stream (5) 321 193 0 19,210 CY 2 Acres
Haverhill (3) 524 0 0 26,567 CY 3 Acres .
Hiqhland Beach (6) 413 3,661 0 76,623 CY 8 Acres I
i
Hypoluxo (5) 594 1,376 62 54,188 CY 6 Acres I
Juno Beach (1) 559 2,175 120 67,507 CY 7 Acres I
Jupiter (1) 15,971 6,748 339 929.453 CY 96 Acres
Jupiter Inlet Colony (1) I 241 0 0 12,219 CY 1 Acre
Lake Clark Shores (3/4) 1,407 11 0 71,502 CY 7 Acres
Lake Park (2) 1,554 844 0 91,625 CY 9 Acres
Lake Worth (4) 8,497 , 1,911 , 859 503,416 CY i 52 Acres
Lantana (4) 2,702 1,351 164 165,804 CY 17 Acres
Mangoina Park (2) 229 384 0 17,451 CY 2 Acres
Manalapan (4/5) 187 108 0 11,124 CY 1 Acre i
North Palm Beach (1) 2,729 , 4,611 , 0 208,494 CY I 21 Acres
Ocean Ridqe (5) 629 797 0 44,013 CY 5 Acres
Pahokee (9) 1,128 281 317 77,536 CY 8 Acres
Palm Beach (2/3/4) 8,991 2,470 0 224.413 CY 23 Acres i
Palm Beach Gardens 16,934 3,696 I 333 931,653 CY 96 Acres
(1/2/8)
Palm Beach Shores (2) 372 514 0 26,678 CY 3 Acres
Palm Sprinqs (4) 3,638 2,900 36 230,381 CY 24 Acres
Riviera Beach (2) 8,010 5,406 1,317 555,104 CY 57 Acres
Royal Palm Beach (3/8) 9,875 1 ,431 0 522,428 CY 54 Acres
South Bay (9) 691 159 39 39.429 CY 4 Acres
South Palm Beach (4) 19 1,727 0 24,231 CCY 3 Acres
Teouesta (1) 1,825 1,352 0 113,091 CY 12 Acres
Wellington (3/4/8) 16,125 1,936 i 10 847.491 CY 87 Acres .
West Palm Beach 24,995 , 11,719 I 264 1,458,877 CY 150 Acres
(2/3/4/8) I I i
Total 195,287 112,630 6038 11,648,129CY 1,200Acres
Table 2
Note: Estimated Debris based on 50% of single family homes, condo units, and mobile homes
11
Inc.orporated vs. Unincorporated Debris Estimates
Debris Municipalities Incorporated Unincorporated Total Debris
Zone Debris Est. Debris Est. Est.
1 Jupiter, Jupiter Inlet Colony, 2,207,665 CY 617,572 CY 2,825,237 CY
Tequesta, Juno Beach, North
Palm Beach, Palm Beach
Gardens, Riviera Beach, West
Palm Beach, Lake Park
2 Lake Park, Mangonia Park, 1,592,388 CY 440,428 CY 2,032,817 CY
Riviera Beach, West Palm
Beach, Palm Beach Shores,
Palm Beach Gardens, Palm
Beach, North Palm Beach
3 Cloud Lake, Glen Ridge,
Haverhill, Greenacres, Lake 812,165 CY 1,058,472 CY 1,870,637 CY
Clark Shores, Palm Beach, Royal
Palm Beach, Wellington, West
Palm Beach, Palm Sprinas
4 Atlantis, Greenacres, Lake Clark' 2,423,464 CY 1,895,527 CY 4,318,991 CY
Shores, Lake Worth, Lantana,
Manalapan, Palm Beach, Palm
Springs, South Palm Beach,
Wellington, West Palm Beach,
Hypoluxo, Boynton Beach
5 Boynton Beach, Briny Breezes,
Delray Beach, Golf, Gulf Stream, 1,654,081 CY 2,181,333CY 3,835,414 CY
Hypoluxo, Manalapan, Ocean
Ridqe, Lantana
6 Boca Raton, Delray Beach, 2,052,603 CY 1,150,603 CY 3,203,206 CY
Hiahland Beach
7 None
OCY 1,736,820 CY 1,736,820 CY
8 Palm Beach Gardens, Royal
Palm Beach, Wellington, West 600,836 CY 925,422 CY 1,526,258 CY
Palm Beach, Jupiter
9 Belle Glade, Pahokee, South Bav 245,647 CY 112,275 CY 357,922 CY
Total 11.588.849 CY 10118452 CY 21,707.302 CY
Table 3
12
Phase II operations involve the removal and
disposal of curbside debris by the
Municipalities, PBCENG, SWA, P&R, and
contractor crews. Contractor operations will
require the Municipalities, PBCENG, and
SWA to provide Field Monitoring Teams as
well as Load Site and Debris Site Monitors to
oversee contractor operations.
SWA Debris Removal and Disposal
Operations
The SWA EMC and staff will coordinate
debris removal and disposal operations for
all unincorporated portions of PBC from the
DMC.
SWA debris contractors will collect and haul
mixed debris from their assigned Debris
Zones through monitored choke points to
SWA designated C&D Debris Management
sites or to designated private landfill sites.
Clean vegetative debris will be hauled to the
nearest SWA designated vegetative Debris
Management site for processing. (See
Enclosure 3)
Should human remains be discovered during
the collection of storm debris, the debris
collection sub-contractor will immediately
notify the loading site monitor who will call
the PBSO at 561-688~3000, the SWA
Collections Director and the SWA EMC.
Municipality contractors will focus on the
removal of mixed debris from within their
assigned municipal boundaries and haul it to
a municipal designated Debris Management
site or to an approved SWA C&D Debris
Management site, Clean woody debris will
be hauled to the nearest municipal Debris
Management site or approved SWA
vegetative Debris Management site. (See
Enclosure 3)
PBC P&R Department will provide support to
PBCENG with specialized equipment and
operators as required. P&R will collect
debris from parks and recreation facilities
within their assigned Debris Zones based on
priorities established by the overall PBC
Emergency Management Plan. Mixed debris
will be hauled to SWA designated C&D
Debris Management sites or to designated
private landfill sites. Clean vegetative debris
will be hauled to the nearest SWA
designated vegetative Debris Management
site for processing (See Enclosure 3),
All vehicles hauling debris to SWA debris
sites will be certified and obtain a load ticket
for each load of debris deposited at a private
landfill or DMS.
The contractors scale tickeUload tickets will
be turned into their supervisor at the end of
each day. The supervisor will forward the
scale tickets daily to the SWA EMC. The
scale tickets/load tickets will be the
verification documentation for private landfill
invoices, contractor payment, and FEMA
documentation for reimbursement.
SWA franchise contractors will pickup
garbage according to current procedures.
routes, and removal schedules.
SWA Hazardous Waste Services will identify
household hazardous waste (HHW) drop-off
locations according to Debris Zones.
Municipality, SWA, and PBCENG
contractors will be encouraged to separate
HHW at the curb and not haul it to a Debris
Management site. Residents will be
encouraged to separate and transport HHW
to pre-identified drop-off points.
SWA Hazardous Waste Services will
coordinate the collection of eligible industrial
or commercial hazardous waste resulting
from the disaster.
Florida Power and Light and other utility
crews will handle all utility related debris
such as, power transformers, utility poles,
cable, and other utility company material.
13
Contractor Debris Removal and Disposal
Operations
The SWA EMC or his/her authorized
representative will be in contact with the
firm(s) holding pre-event Debris Removal
and Disposal Contract(s) and advise them of
impending conditions. The pre-event
contract is designed to have a qualified
Contractor(s) remove and lawfully dispose of
all natural disaster-generated debris,
excepting household, industrial or
commercial hazardous waste. Debris
removal will be limited to unincorporated
PSC streets, roads, and other public rights-
of-way based on the extent of the disaster.
Debris removal will be limited to disaster
related material place at or immediately
adjacent to the edge of the rights-of-way by
residents within designated Debris Zones.
The Contractor, upon Notice to Proceed, will
mobilize such personnel and equipment as
necessary to conduct all debris removal and
disposal operations as were previously
detailed in the Contractor's General
Operations Plan as required by the Debris
Removal and Disposal Contract. All
contractor operations will be subject to
review by the SWA EMC.
The Contractor will make multiple, scheduled
passes of each site, location, or area
impacted by the disaster according to
assigned Debris Zones. This manner of
debris removal will allow residents to return
to their properties and bring all debris to the
edge of the rights-of-way adjacent to their
property. The number and schedule of
passes shall be as directed by the' SWA
EMC. Sufficient time shall be scheduled
behNeen subsequent passes to
accommodate reasonable recovery by
residents. Schedules will be provided to the
PIO for publication and notification by the
news media and the SWA Emergency
Information Hotline (561-640-4000).
SWA recognizes the economy of disaster
debris disposal through the use of local
vegetative Debris Management sites
designated for volume reduction of clean
vegetative debris. The SWA has pre-
designated vegetative Debris Management
sites for the sole purpose of temporarily
storing and reducing clean vegetative debris
through grinding. The Contractor will
operate the Debris Management sites made
available by the SWA. The Contractor will
be responsible for all site setup, site
operations, rodent control, closeout and
remediation costs. The Contractor is also
responsible for the lawful disposal of all
debris reduction' by-products as his/her
operations may generate at a Debris
Management sites. A listing of all
Designated SWA Debris Management sites
will be provided to the Contractor at the
onset of debris management operations.
Separate Debris Management sites will be
established for mixed debris. These sites
will be centrally located to handle
construction and demolition (C&D) material.
These C&D Debris Management sites will be
used to expedite the removal of mixed and
C&D material from rights-of-way within the
unincorporated portions of PSC.
Municipalities will be allowed to use these
sites upon approval of the SWA EMC.
A valid pre numbered (supplied by the SWA)
load ticket must accompany all material
delivered to a SWA C&D Debris
Management sites by SWA contractors. All
material deposited at C&D Debris
Management sites will eventually be taken a
properly permitted landfill for final disposal.
The SWA EMC may direct contractors to
bypass C&D Debris Management sites and
approve the hauling of mixed C&D debris
directly to a properly permitted landfill for
disposal.
The SWA Collections Director will assist the
SWA EMC by monitoring the Contractor's
performance for debris removal and disposal
operations in each Debris Zone. The SWA
Director of Engineering will provide Field
14
Monitoring Teams. The Field Monitoring
Teams will monitor all Contractor operations.
The Contractor will keep the DCAT staff
informed of cleanup progress and any
problems encountered or expected at
daily/weekly DCA T meetings.
Residents will be encouraged to segregate
HHW at curbside. However, small amounts
of HHW may be mixed in with material
deposited at the Debris Management sites.
Therefore, the Contractor must be prepared
to place any HHW in a separate enclosed
and lined area for temporary storage. The
Contractor will report any accumulation of
HHW at the Debris Management sites to the
DCA T staff. The DCA T staff will notify the
SWA's Hazardous Waste Services who will
coordinate for removal and disposal.
The Contractor will restore the Debris
Management sites as close to the original
condition as is practical so that it does not
impair future land uses. All sites are to be
restored to the satisfaction of the site owner
with the intent of maintaining the utility of
each site.
Loading Site Monitors
Loading Site Monitors will be provided by
either the SWA or from other PBC sources
and from the DCAT, if activated. The
Loading Site Inspectors will be assigned to
each Contractor loading site within
designated Debris Zones. The Loading Site
Monitor will initiate the load tickets (See
Enclosure 4) that verify that the debris being
picked up is eligible under the terms of the
contract.
Debris Site Monitors
Disposal Site Monitors will be provided by
either the SWA or from other PBC sources
and from the DCA T, if activated. The
Disposal Site Monitors will be stationed at all
Debris Management sites and landfill
disposal site for the purpose of verifying the
quantity of material being hauied by the
Disaster Debris Removal and Disposal
Contractor through the use of load tickets.
The Contractor shall construct and maintain
Inspection Towers at each Debris
Management site and landfill disposal site
The inspection stations will consist of an
inspection tower with furniture and portable
sanitary facilities. The Contractor will
construct the inspection towers of pressure
treated wood with a floor elevation that
affords the Disposal Site Monitor a complete
view of the load bed of each piece of
equipment being utilized to haul debris.
A Disposal Site Monitor will be located at
each inspection station to verify the load and
estimate the volume in cubic yards. The
Disposal Site Monitors will estimate the cubic
yards of debris in each truck entering the
Contractor's selected Debris Management
sites or landfill disposal site and will record
the estimated quantity on pre-numbered
debris load tickets. The Contractor will only
be paid based on the number of cubic yards
of material deposited at the disposal site as
recorded on the debris load tickets. The
SWA will provide pre numbered load tickets
to all users of SWA Debris Sites.
Load Ticket Disposition
The Load Ticket will be a 5-part form. The
following is the disposition of each ticket
part:
Part 1 - (White) Load Site Monitor
(SWA or Municipality)
Part 2 - (Green) Disposal Site Monitor
(SWA)
Part 3 - (Canary) Debris Site Client's
Representative (Municipality)
Part 4 - (Pink) Prime Contractor
Part 5 - (Gold) Subcontractor/Driver
The Load Site Monitor will retain Part 1
(White) and the Disposal Site Monitor will
retain Part 2 (Green). Part 1 and Part 2 will
be turned in daily to the DCA T manager.
15
Part 3 (Canary) will be given to the Debris
Site Client's Representative (Municipality).
The Contractor will be paid based on the
number of cubic yards of eligible debris
hauled per truckload. Part 4 (Pink) will be
given to the Prime Contractor and Part 5
(Gold) to the truck driver. Payment for
hauling debris will only be approved upon
presentation of Part 4 (Pink) with the
Contractor's invoice.
16
City Name
LOAD TICKET
000001
C&D D
Other D
Print Name Signature
Debris Disposal Site Location:
i
I
!
I
!
I
!
i
Arrival Time:
Estimated Debris Quantity (cu yds)
Disposal Site Monitor:
Print Name Sionature i
White - Load Site Green - SWA Canary - Debris Site I
Pink & Gold - Driver !
Notes:
Figure 3
17
Debris deposited at a Debris Management
Site by a municipality or the County will be
charged the established disposal rate and
will be billed by the SWA. Part 3 will be the
municipality's record copy of material
deposited at the SWA Debris Management
Site. Municipalities will be responsible for
claiming reimbursement.
Field Inspection Team
The DCAT, SWA and contracted monitors
will provide Field Inspection Team personnel
responsible for monitoring all Contractor
debris removal and disposal operations. The
Field Inspection Teams will periodically
inspect each Debris Management site to
ensure that operations are being followed as
specified in the Debris Removal and
Disposal Contract with respect to local, State
and Federal regulations and the Debris
Management site Baseline Checklist (See
Enclosure 4). Each Field Inspection Team
will submit a daily written report to the DCA T
manager outlining their observations with
respect to the following:
. Is the Contractor using the site properly
with respect to layout and environmental
considerations?
. Has the Contractor established lined
temporary storage areas for ash,
household hazardous wastes and other
materials that can contaminate soils and
groundwater?
· Has the Contractor established
environmental controls in equipment
staging areas, fueling and equipment
repair areas to prevent and mitigate spills
of petroleum products and hydraulic
fluids?
· Are plastic liners in place under
stationary equipment such as generators
and mobile lighting plants?
· Has the Contractor established
appropriate rodent control measures?
· Are burn sites constructed and operating
according to Enclosure 4?
· Has the Contractor establish procedure
to mitigate:
· Smoke - Are the incineration pits
constructed properly and being
operated according to the contract
statement of work?
· Dust - Are water trucks employed to
keep the dust down?
· Noise - Have berms or other noise
abatement procedures been
employed?
· Traffic Does the Debris
Management sites site have a
suitable layout for ingress and egress
to help traffic flow?
Field Inspection reports will also include
observations at loading sites and the
locations of any illegal dumping sites.
Debris Management Site Setup' and
Closeout Procedures
The Contractor will be responsible for
preparing and closing out a Debris
Management site according to specification
in the Debris Removal and Disposal Contract
and guidance contained in Enclosure 4
Hazardous Structures. Removal
Dangerous structures should be the
responsibility of the owner to demolish in
order to protect the health and safety of
adjacent residents. However, experience
has shown that unsafe structures will remain
because of the lack of insurance or absentee
landlords. Care must be exercised to ensure
that thePBC Building Inspection Department
properly identifies structures.
The SW A EMC will coordinate with the PBC
Building Inspection Department regarding:
· Demolition of private structures.
· Removing debris from private property.
· Local law and/or code enforcement
agencies.
· Historic and archaeological sites.
· Qualified environmental Contractors to
remove hazardous waste such as
asbestos and lead-based paint.
· Abandoned vehicles.
18
. Receipt of Right of Entry Agreements
with landowners. (See Enclosure 4)
ORGANIZATION AND RESPONSIBILITIES
PBC Engineering and Public Works
Department
The Director of PBC Engineering and Public
Works will be designated as the Palm Beach
County Debris Manager.
The PBC Debris Manager will be responsible
for, but not limited to, the following with
respect to any and all debris management
issues:
. Keep the Palm Beach County
Commissioners briefed on the status of
the debris removal and disposal
operation.
· Assure that PSC is represented at all
meetings with other government and
private agencies involved with the debris
cleanup operation.
The CEMP and Annexes are based upon the
concept that the emergency functions for
various functional areas of PBCENG
involved in emergency management and
operations will generally parallel day-to-day
functions. Therefore, it is essential for
PBCENG to be prepared to carry out
disaster response and short-term actions
that are assigned by the PBCENG Debris
Coordinator located at the EOC. (See
Figure 1)
PBCENG will assign a PBCENG Debris
Coordinator to the EOC using established
procedures. All information pertaining to
debris clearing (Phase I) will be forwarded
through the PBCENG Debris Coordinator.
The PBCENG Debris Coordinator will
represent the PBCENG Director at all DMC
meetings.
The purpose of the PBCENG Debris
Coordinator is to coordinate and direct the
use of PBCENG debris clearing and cleanup
personnel and equipment according to
existing standard operating procedures.
SWA and P&R will supplement PBCENG
with personnel and equipment to assist in
the Phase I debris clearance operations as
required.
PBCENG Debris Coordinator wil! focus on
assigning crews to clear debris according to
established priorities in specific Debris
Zones. Personnel and equipment from SWA
P&R, and local contractors will supplement
PBCENG forces. Phase I debris clearance
operations will be executed by PBCENG
crews. Crews and equipment may be
relocated to other locations based on the
type of disaster.
Supporting elements from either SWA or
P&R will report to the designated PBCENG
locations as directed by the PBCENG Debris
Coordinator.
PBCENG will provide GIS/CADD support to
the DMC staff as required.
PBCENG will identify 20 staff members for
Debris Management Site Monitoring and
forward to SW A.
SWA of Palm Beach County
The Solid Waste Authority Executive Director
will be required to support PBCENG debris
operations by staffing a Debris Management
Center (DMC) following a major natural
debris-generating event. (See Figure 2)
The SWA Executive Director will appoint a
SWA Emergency Management Coordinator
(EMC) who will be responsible for daily
operational control of the DMC.
The SWA Executive Director will assign a
SWA EOC Representative to the PBC EOC
using established procedures. All
information pertaining to debris clearing,
removal, reduction or disposal will be
forwarded from the EOC staff through the
19
SWA EOC Representative directly to the
SWA EMC.
The SWA EMC will exercise operational
control over outside agencies assigned to
the DMC with respect to debris clearing,
removal and disposal operations in
coordination with the PBCENG Debris
Coordinator.
This staff constitutes the operating element
of the DMC and will be located at the SWA
Administration Building, 7501 North Jog
Road, West Palm Beach, FL. The SWA is
responsible for providing communications
and logistic support to the DMC staff.
The SW A Executive Director will be
responsible for, but not limited to, the
following with respect to all debris
management issues:
· Keep the PBC Debris Manager and EOC
staff briefed on the status of the debris
cleanup operation.
· Represent the SWAin all meetings with
other government and private agencies
involved with the debris cleanup
operation.
· Call any needed emergency debris
coordinating meetings.
· Ensure that the DMC is provided all
required staff support.
Key SW A staff members will be assigned to
the DMC staff for the sole purpose of
coordinating and directing the use of SWA
personnel and equipment according to
existing standard operating procedures.
SWA . will supplement PBCENG with
contractors to assist in the Phase I debris
clearance operations as required.
SWA will provide CADD support to the DMC
staff.
The SWA Managing Director will coordinate
all non-emergency solid waste management
activities through the existing SWA
organizational structure.
Coordinate with Code Enforcement for
Debris Site Monitors and training
Coordinate with Airports on debris removal
priorities.
PSC Parks & Recreation Department
The PBC P&R Department will play a
supporting role to both SWA and PBCENG
by providing specialized equipment and
personnel to assist in Phase I and Phase II
debris cleanup operations.
PBC P&R will assign a P&R Debris
Coordinator to work at the EOC for the sole
purpose of coordinating requests for P&R
personnel and equipment. Actions will focus
on supporting PBCENG and SWA with
specialized equipment and debris removal
from PBC parks and recreational facilities.
The P&R Debris Coordinator will keep the
SWA EOC Representative and other
department coordinators informed of cleanup
progress and any problems encountered or
expected.
Debris Contract Administrative Team
The Debris Contract Administrative Team
(DCA T) is a contractor operation under the
SWA's Debris Management Contract. The
SWA will activate this team by Task Order
for training and in advance of a potential
debris-generating event
Pre-Storm Administrative Actions.
A Debris Management Consultant will
conduct an annual Debris Management
Workshop with the Contractors and other
DMC staff to review the Debris Management
Plan procedures and to ensure that the
DCA T operation works smoothly. Items of
discussion will include:
· Contractor responsibility
· Mobilization sites
· Logistical support
· Pre-storm mobilization
20
. Procedures for call-up of Contractor
personnel and equipment
. Haul routing
. Contractor vehicle identification.
registration and placarding
. Debris hauling load ticket administration
. Mobilization and operation of the Debris
Management sites
. Contractor payment request submission,
review, and verification
. Special procedures for HHW
. Debris Management site opening,
operation and closure requirements
Pre-Storm Activation Actions.
The SWA, should the situation dictate, will
activate the DCA T. The DCA T will function
as part of the DMC located at SWA
Administration Building, 7501 North Jog
Road, West Palm Beach, FL.
Post-Storm Actions.
The SWA Emergency Coordinator
Management will provide overall supervision
of the DCA T. A DCA T liaison officer will
locate at the PBC EOC and will work directly
with the SWA EOC Representative if
required.
The DCA T staff will recommend assignment
of disaster Debris Removal and Disposal
Contractors based on PBC's nine (9) Debris
Zones (See Enclosure 1) according to
information received from the SWA EOC
Representative located at the EOC and
directions from the SWA EMC.
The DCAT staff will administer and provide
oversight of the disaster Debris Removal and
Disposal Contractor's efforts. Specific
actions will include the following:
. Planning, Debris Management sites
inspection, quality control and other
contract administration functions.
. Receive and review all SWA Disposal
Site Monitors' verified debris load tickets.
. Make recommendations on SW A,
PBCENG and Contractor work
.
assignments and priorities based on the
9 Debris Zones.
Report on progress and prepare status
briefings.
Provide input to the PIO on debris
removal and disposal activities.
Ensure that debris clearance, removal
and disposal operations are in keepina
with the Hurricane Clean Up Emergenc~
Guidelines. (See Enclosure 9)
.
.
The DCAT will coordinate with the SWA's
Purchasing Agent on all contracting
questions.
The DCA T will have a qualified hazardous
materials specialist available with extensive
experience in post-disaster cleanup of HHW
and facilities with lead-based paint and/or
asbestos if required.
The DCA T will supervise Field Inspection
Teams made up of DCAT and SWA
personnel to observe contractor activities.
The Field Inspection Teams will act as the
"eyes and ears" for the DCA T to ensure that
safety requirements stated in the contracts
are closely monitored.
The DCAT will also provide training for the
Load Site Monitors and Disposal Site
Monitors to ensure that accurate load
quantities are being properly recorded on
pre-printed load tickets. * The intent is to
utilize SWA and County Staff as the initial
trained cadre of monitors. If the cleanup
period extends for a long period of time, the
intent is to hire temporary employees to
replace SWA and County Staff, and to aI/ow
them to return to their regular duties.
The DCA T Contract Specialist will maintain
daily contact with appropriate counterparts in
the SW A with respect to reporting
requirements and ongoing Contract matters.
The DCA T staff will assist the DMC staff with
respect to reconciling Contractor load tickets
against load tickets submitted by the SWA's
Disposal Site Monitors. The results will be
21
submitted to the EMC within seven days of
receipt.
PSCDEPARTMENTANDAGENCY
RESPONSIBILITIES
PSC Information Systems Services
· Provide GIS/CADD backup support on a
priority as needed basis.
· Point of Contact: Kelly W. Ratchinsky,
Countywide GIS Coordinator (561) 355-
4275 or Penny L. Anderson, (561) 355-
4371.
PSC Engineering and Public Works
Department, Geoprocessing Section
· Provide GIS/CADD support on a priority
as needed basis.
· Point of Contact: Ken Rogers (561) 684-
4090
PSC Engineering and Public Works
Department
· Identify 20 staff members for Debris
Management Site monitoring duties and
provide list of names to SW A.
· Coordinate with SWA for Debris
Management Site monitoring training.
PSC Engineering and Public Works
Department, Road and Bridge Division
· Provide PSCENG Debris Coordinator to
the PBC EOC.
· Provide a prioritized listing of critical
facilities and routes that PBCENG will
concentrate their debris clearing (Phase
I) operations. (See Enclosure 2)
· Provide locations of PBCENG equipment
staging sites.
PSC Department of Airports
· Provide space for a possible C&D Debris
Management site on a parcel of land
near the Palm Beach International
Airport. Burning will not take place on
this site.
· Coordinate with SWA on debris removal
priorities from airport facilities.
PSC Fire-Rescue Department
· Respond to fire at Debris Management
sites.
· Respond to request to investigate and
handle hazardous materials incidents.
· Approve Debris Management burn sites
in accordance with appropriate state and
local requirements to ensure safe
burning.
· Issue bans on open burning based upon
assessment of local conditions
countywide and ensures information
dissemination.
· Supervise burn sites in accordance with
all appropriate state and local
requirements to ensure safe burning,
subject to amendments by the Health
Department and/or Fire Marshal.
PSC Public Safety Department
· Assist in monitoring illegal dumping
activities.
· Assist in monitoring Debris Management
sites to ensure compliance with local and
state safety regulations.
PSC Sheriffs Department
· Assist in monitoring illegal dumping
activities.
· Coordinate traffic control at all loading
sites and at entrances to and from Debris
Management sites.
22
PBC Health Department
. Assists in monitoring Debris
Management sites operations and
closeout activities.
. Assistance as necessary on all
environmental and health issues.
. Regulate the burning at debris
management/collection sites.
PBC Parks and Recreation Department
. Assist in Debris Management site
investigations.
. Provide digital map files of all identified
P&R Debris Management sites.
. Coordinate with SWA for the removal,
storage, burning, and disposal of debris
at debris collection/management sites at
county parks.
. Point of Contact: Eric Call (561) 966-
6613
. Coordinate with SWA for the removal of
debris from county parks and
recreational facilities.
. Point of Contact for digital maps: Bob
Hamilton (561) 966-6667
PBC Code Enforcement Department
. Coordinate with SWA to provide Debris
Loading Site monitors
. Coordinate with SWA for Debris Loading
Site Monitor Training.
PBC Planning, Zoning, and Building
Department
. Coordinate with PBCENG and SWA on
debris collection and reporting
procedures following a. large scale
disaster.
PBC Facilities Development and
Operations Department
. Coordinate debris removal requirements
on public facilities with SWA.
PBC Water Utilities Department
. Coordinate debris removal requirement
on Water Utilities facilities with SWA.
ADMINISTRATION AND LOGISTICS
All Palm Beach County departments and
agencies will document personnel,
equipment, load tickets, and material
resources used to comply with this plan.
Documentation will be used to support
reimbursement from any Federal assistance
that may be requested or required.
All PBC departments and agencies
supporting debris operations will ensure 24-
hour staffing capability during
implementation of this plan, if the emergency
or disaster requires.
PBCENG is responsible for the annual
review and of this Debris Management Plan
in conjunction with the SWA and P&R. It will
be the responsibility of each tasked
department and agency to update its
respective portion of the plan and ensure
any limitations and shortfalls are identified
and documented, and work-around
procedures developed, if necessary.
REFERENCE
Emergency Support Function (ESF) 3 Annex
to the PBC Comprehensive Emergency
Management Plan (CEMP).
ENCLOSURES
Enclosure 1: Debris Zone Index Map
Enclosure 2: Critical Facilities and Primary
Road Clearance List
Enclosure 3: Debris Management Sites
Enclosure 4: Palm Beach County Debris
Clearing, Removal, and
Disposal Guidelines
23
PALM BEACH COUNTY
DEBRIS ZONE INDEX MAP
Enclosure 1
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PALM BEACH COUNTY
CRITICAL FACILITIES
and
PRIMARY ROAD CLEARANCE LIST
Enclosure 2
CRITICAL FACILITIES
PSC FIRE -RESCUE STATIONS
PB County Fire Station #14
Tequesta Fire Department
PB County Fire Rescue Station #11
PB County Fire Rescue Station #19
PB County Fire Rescue Station #15
PB County Fire Rescue Station #16
PB County Fire Rescue Station #64
PB County Fire Rescue Station #1
PB County Fire Rescue Station #62
North Palm Beach Fire Department
Riviera Beach Fire Department Station #3
Lake Park Fire Department
Riviera Beach Fire Department Station #4
Riviera Beach Fire Department Station #2
Riviera Beach Fire Department Station #1
Palm Beach Shores Fire Department
PB County Fire Rescue Station #26
PB County Fire Rescue Station #21
PB County Fire Rescue Station #28
PB County Fire Rescue Station #29
PB County Fire Rescue Station #17
PB County Fire Rescue Station #23
PB County Fire Rescue Station #24
Fire Fleet & Facility Maintenance
WPB Fire Dept. Mangonia Park Station
West Palm Beach Fire Dept. Station #1
West Palm Beach Fire Dept. Station #2
West Palm Beach Fire Dept. Station #3
West Palm Beach Fire Dept. Station #4-
West Palm Beach Fire Dept. Station #5
West Palm Beach Fire Dept. Station #6
Palm Beach Fire Department Station #1
Palm Beach Fire Department Station #2
Palm Beach Fire Department Station #3
PB County Fire Rescue Station #27
PB County Fire Rescue Station #25
PB County Fire Rescue Station #34
PB County Fire Rescue Station #33
PB County Fire Rescue Station #32
PB County Fire Rescue Station #31
PB County Fire Rescue Station #37
PB County Fire Rescue Station #35
PB County Fire Rescue Station #43
16749 Jupiter Farms Rd, Jupiter
357 Tequesta Drive, Tequesta
465 Seabrook Rd, Tequesta
322 N. Central Blvd, Jupiter
12870 U.S. Highway 1, Juno
12179 Alt A1A, Palm Beach Gardens
7025 Fairway Dr, Palm Beach Gardens
10500 N. Military Trail, Palm Beach Gardens
11025 Campus Rd, Palm Beach Gardens
560 U.S Highway 1, North Palm Beach
5010 N. Ocean Dr, Riviera Beach
1000 Park Ave, Lake Park
7501 N. Military Trail, Riviera Beach
1663 W. Blue Heron Blvd, Riviera Beach
600 W. Blue Heron Blvd, Riviera Beach
247 Edwards Ln., Palm Beach Shores
6085 Avocado Blvd, Loxahatchee
14200 Okeechobee Blvd, Loxahatchee
1050 Royal Palm Beach Blvd, Royal Palm Beach
10055 Belvedere Rd, Roya! Palm Beach
8130 N. Jog Rd, West Palm Beach
5471 Okeechobee Blvd, West Palm Beach
1734 Seminole Blvd, West Palm Beach
3323 Belvedere Rd, West Palm Beach
5000 N. Australian Ave, Mangonia
500 N. Dixie Highway, West Palm Beach
415 Southern Blvd, West Palm Beach
3601 Poinsetta Ave, West Palm Beach
1718 Parker Ave, West Palm Beach
700 N. Congress Ave, West Palm Beach
3033 Cumberland Dr, West Palm Beach
360 S. County Rd, Palm Beach
300 N. County Rd, Palm Beach
2185 S. Ocean Blvd, Palm Beach
3411 South Shore Blvd, Wellington
1060 Wellington Trace, Wellington
231 Benoist Rd, West Palm Beach
830 Kirk Rd, West Palm Beach
4022 Charleston St, Lake Worth
3484 Lake Worth Rd, Lake Worth
500 Greynolds Circle, Lantana
2501 W. Lantana Rd, Lantana
5970 Military Trail, Atlantas
Palm Springs Fire Department
Lake Worth Fire Department
South Palm Beach Fire Department
Greenacres Fire Department
PB County Fire Rescue Station #46
,PB County Fire Rescue Station #41
PB County Fire Rescue Station #47
Boynton Beach Fire Station #3
Manalapan Fire Department
Ocean Ridge Fire Department
Boynton Beach Fire Dept. Station #1
Boynton Beach Fire Dept. Station #2
PB County Fire Rescue Station #42
PB County Fire Rescue Station #45
PB County Fire Rescue Station #52
Delray Beach Fire Dept. Station #1
Delray Beach Fire Dept. Station #2
Delray Beach Fire Dept. Station #3
Delray Beach Fire Dept. Station #4
Delray Beach Fire Dept. Station #5
PB County Fire Rescue Station #51
PB County Fire Rescue Station #55
Boca Raton Fire Dept. Station #1
Boca Raton Fire Dept. Station #2
Boca Raton Fire Dept. Station #3
Boca Raton Fire Dept. Station #4
Boca Raton Fire Dept. Station #5
Boca Raton Fire Dept. Station #6
Boca Raton Fire Dept. Station #7
Delray Beach Fire Dept. Station #6
PB County Fire Rescue Station #72
Belle Glade Fire Department
South Bay Fire Department
400 Davis Rd, Palm Springs
120 N. G Street, Lake Worth
3577 Ocean Blvd, South Palm Beach
2995 Jog Rd, Greenacres
7550 Jog Rd, Lake Worth
5105 Woolbright Rd, Boynton Beach
10301 Hagen Ranch Rd, Suite 120, Boynton Beach
3501 N. Congress Ave, Boynton Beach
600 S. Ocean Blvd, Manalapan
6450 N. Ocean Blvd, Ocean Ridge
100 E. Boynton Beach Blvd, Boynton Beach
2210 S. Congress Ave, Boynton Beach
14276 Hagen Ranch Rd, Delray Beach
15450 Jog Rd, Delray Beach
4661 Pheasant Way, Boca Raton
501 W. Atlantic Ave, Delray Beach
35 Andrews Ave, Delray Beach
651 Linton Blvd, Delray Beach
4321 Lake Ida Rd, Delray Beach
4000 Old Germantown Rd, Delray Beach
10050 Oriole County Rd, Boca Raton
6787 Palmentto Circle N, Boca Raton
1151 N. Federal Highway, Boca Raton
1 SW 12th Ave, Boca Raton
100 S. Ocean Blvd, Boca Raton
351 NW 51 Street, Boca Raton
2333 Glades Rd, Boca Raton
1901 Clint Moore Rd, Boca Raton
3001 NW 51st Street, Boca Raton
3614 S. Ocean Blvd, Highland Beach
171 N. Lake Ave, Pahokee
525 SW 2nd Street, Belle Glade
335 SW 2nd Avenue, South Bay
PBC POLICE DEPARTMENT SUBSTATIONS
Tequesta Police Department
Jupiter Inlet Coloney Police Dept.
Jupiter Police Department
Juno Beach Police Department
Palm Beach Gardens Police Department
North Palm Beach Police Department
Lake Park Police Department
Riviera Beach Police Department
Palm Beach Shores Police Department
Palm Beach Cqunty Sheriff Dist III
Royal Palm Beach Police Department
57 Tequesta Dr, Tequesta
1 Colony Rd, Jupiter Inlet Coloney
210 N. Military Trail, Jupiter
340 Ocean Dr, Juno Beach
10500 N. Military Trail, Palm Beach Gardens
560 US Highway 1, North Palm Beach
700 6th Street, Lake Park
600 W. Blue Heron Blvd, Riviera Beach
247 Edwards Lane, Palm Beach Shores
8130 Jog Rd, West Palm Beach
11498 Okeechobee Blvd, Royal Palm Beach
Magnolia Park Police Department
West Palm Beach Police Department
Palm Beach Police Department
Palm Beach County Sheriff Dist II
Sheriff's Substation
PB County Sheriff Headquarters
Lake Clarke Shores Police Department
Palm Springs Police Department
Greenacres Police Department
Lake Worth Police Department
Atlantis Police Department
South Palm Beach Police Department
Manalapan Police Department
Lantana Police Department
Ocean Ridge Police Department
Boynton Beach Police Department
Gulf Stream Police Department
Delray Beach Police Department
Palm Beach County Sheriff Dist. IV
Palm Beach County Sheriff Dist. VII M
Highland Beach Police Department
Palm Beach County Sheriff Dist VII
Boca Raton Police Department
Pahokee Police Department
Palm Beach County Sheriff Dist. V
Belle Glade Police Department
South Bay Police Department
HOSPITALS
Jupiter Hospital
Palm Beach Gardens Medical Center
VA Medical Center
Palms West Hospital
Wellington Regional Medical Center
JFK Memorial Hospital
A.G. Holly Hospital
Bethesda Memorial Hospital
Delray Community Hospital
Boca Raton Community Hospital
West Boca Medical Center
Everglades Memorial Hospital
Glades General Hospital
1755 E. Tiffany Dr, Magnolia Park
600 Banyan Blvd, West Palm Beach
345 S. County Rd, Palm Beach
1 OOOTurnage Blvd, West Palm Beach
12794 W. Forest Hill Blvd, Wellington
3228 Gun Club Rd, West Palm Beach
1701 Barbados Rd, Lake Clarke Shores
400 Davis Rd, Palm Springs
2995 Jog Rd, Greenacres
120 N.G Street, Lake Worth
260 Orange Tree Dr, Atlantis
3577 Ocean Blvd, South Palm Beach
600 S. Ocean Blvd, Manalapan
500 Greynolds Circle, Lantana
6450 N. Ocean Blvd, Ocean Ridge
100 NW 2nd Ave, Boynton Beach
246 Sea Rd, Gulf Stream
300 W. Atlantic Ave, Delray Beach
345 S. Congress Ave, Delray Beach
18069 State Rd 7, Boca Raton
3614 S. Ocean Blvd, Highland Beach
19960 Lyons Rd, Boca Raton
100 NW Boca Raton Blvd, Boca Raton
171 N. Lake Ave, Pahokee
38840 State Road 80, Belle Glade
40 West Canal Street S., Belle Glade
335 SW 2nd Ave, South Bay
1210 S. Oid Dixie Highway, Jupiter
3360 Burns Rd, Palm Beach Gardens
7305 N. Military Trail, West Palm Beach
13001 State Route 80, Loxahatchee
10101 Forest Hill Blvd, Wellington
4800 Congress Ave, Atlantis
1199 W. Lantana Rd, Lantana
2815 Seacrest Blvd, Boynton Beach
5352 Linton Blvd, Delray Beach
800 Meadows Rd, Boca Raton
21644 State Road 7, Boca Raton
200 S. Barfield Highway, Pahokee
1201 S. Main St, Belle Glade
ELECTRICAL POWER PLANT
FP&L Power Plant
Lake Worth Municipal Power Plant
CITY HALL
Village of Tequesta
Town of Jupiter
Town of Juno Beach
City of Palm Beach Gardens
Village of North Palm Beach
Town of Lake Park
City of Riviera Beach
Palm Beach Shores
Town of Royal Palm Beach
Town of Mangonia Park
West Palm Beach
Town of Haverhill
Town of Glen Ridge
Town of Lake Clarke Shores
Village of Palm Springs
City of Greenacres
City of Lake Worth
City of Atlantis
South Palm Beach
Town of Manalapan
City of Lantana
Town of Hypoluxo
City of Boynton Beach
Town of Ocean Ridge
Town of Briny Breezes
Town of Gulfstream
City of Delray Beach
Town of Highland Beach
City of Boca Raton
City of Pahokee
City of Belle Glade
City of South Bay
EMERGENCY OPERATION CENTER
North Palm Beach EOC
Emergency Operations Center
PB County Emergency Management EOC
Emergency Operations Center
Broadway, Rivera Beach
110 College Dr, Lake Worth
357 Tequesta Dr, Tequesta
210 Military Trail, Jupiter
340 Ocean Drive, Juno Beach
10500 N. Military Trail, Palm Beach Gardens
501 U.S. Highway 1, North Palm Beach
535 Park Ave, Lake Park
600 W. Blue Heron Blvd, Riviera Beach
247 Edwards Lane, Palm Beach Shores
1050 Royal Palm Beach Blvd, Royal Palm Beach
1755 E. Tiffany Dr, Mangonia Park
201 Olive Ave, West Palm Beach
4585 Charlotte St, Haverhill
1660 C Southern Blvd, Glen Ridge
1701 Barbados Rd, Lake Clarke Shores
226 Cypress Lane, Palm Springs
5985 10th Ave N, Greenacres
7 North Dixie Highway, Lake Worth
260 Orange Tree Drive, Atlantis
3577 S. Ocean Blvd, South Palm Beach
600 S. Ocean Blvd, Manalapan
500 Greynolds Circle, Lantana
7010 S. U.S. Highway 1, Hypoluxo
Boynton Beach
6450 N. Ocean Blvd, Ocean Ridge
500 N. Ocean Blvd, Briny Breezes
100 Sea Road, Gulfstream
100 N.W. 1st Ave, Delray Beach
3614 S. Ocean Blvd, Highland Beach
210 W. Palmetto Park Rd, Boca Raton
171 N. Lake Ave, Pahokee
110 SW Ave E, Belle Glade
335 SW 2nd Ave, South Bay
560 Federal Highway, North Palm Beach
14000 Greenbrier Blvd, Wellington
50 Southern Blvd IMilitary Trail, West Palm Beach
2500 NW 1st Ave, Boca Raton
SPECIAL CARE UNIT
Special Care Unit
SHELTERS
Abacoa Middle School
Bear Lakes Middle School
Bethune Elementary School
Boynton Beach High School
Carver Middle School
Christa McAuliffe Middle School
Discovery Key Elementary
Duncan Middle School
Dwyer High School
Frontier Elementary
Glades Central High School
Lake Worth Middle School
Lakeshore Middle School
North Grade Elementary School
Odyssey Middle School
Olympic High School
Omni Middle School
Wellington Landings Middle School
Westgate Elementary School
9067 Southern Blvd. West Palm Beach
4001 Greenway Dr. Jupiter
3505 Shenandoah Dr. West Palm Beach
1501 Avenue U, Boca Raton
4975 Park Ridge Blvd. Boynton Beach
101 Barvvick Rd. Delray Beach
6500 Le Chalet Dr. Boynton Beach
3550 Lyons Rd. Lake Worth
5150 11 th Ct N, Palm Beach Gardens
13601 N. Military Trail, Palm Beach Gardens
6701 180th Ave N, Loxahatchee
5100 Melaleuca Ln, Greenacres
1300 Barnett Dr. Lake Worth
425 W. Canal St N, Belle Glade
824 N. K St. Lake Worth
6161 Woolbright Rd. Boynton Beach
20101 Lyons Rd. Boca Raton
5775 Jog Rd. Boca Raton
1100 Aero Club Dr. Wellington
1545 Loxahatchee Dr. West Palm Beach
PRIMARY ROAD CLEARANCE LIST
This list of priority road clearance is based on the Palm Beach County 2002 Hurricane Atlas.
County Responsibility I State Responsibility
Map Section H1 Map Section Hi
Beach Road Alt A 1 A
Old Dixie Highway U.S. Highway 1
Ocean Blvd Indiantown Rd
Military Trail I
Central Blvd
Indian Creek Parkway
Map Section H2 Map Section H2
Jupiter Farms Rd Indiantown Rd
Map Section H3 Map Section H3
Seminole Pratt Whitney Rd Indiantown Rd
Bee Line Hwy
Map Section H4 Map Section H4
Ocean Drive U.S. Highway 1
Old Dixie Hwy PGA Blvd
Military Trail
Small Rd
Donald Ross Rd
Central Blvd
Map Section H5 Map Section H5
None Bee Line Hwv
Map Section H6 Map Section H6
Seminole Pratt Whitnev Rd Bee Line Hwv
Map Section H7 Map Section H7
Haverhill Rd Ocean Blvd
N. Congress Ave Heron Blvd
Silver Beach Rd Bee Line Hwy
Northlake Blvd PGA Blvd
RCA Blvd
JOQ Rd
Map Section H8 Map Section H8
Northlake Blvd Bee Line Hwy
JOQ Rd
Map Section H9 Map Section H9
Northlake Blvd None
Seminole Pratt Whitney Rd
Map Section H10 Map Section H10
45th St Broadway - US 1
Australian Ave Martin Luther King Jr. Blvd
Palm Beach Lakes Blvd Military Trail
Royal Poinciana
N Olive Ave
Map Section H11
N. Jog Rd
Ro al Palm Beach Blvd
Map Section H12
Seminole Pratt Whitne Rd
Map Section H13
None
Map Section H11
None
Map Section H15
Okeechobee Blvd
Belvedere Rd
Forest Hills Blvd
Jog Rd
Summit Blvd
Map Section H16
Forest Hill Blvd
Okeechobee Blvd
Seminole Pratt Whitne Rd
Map Section H17
CR880
Map Section H18
Florida Mango Rd
10th Ave
Kirk Rd
Melaleuca Ln Ave
Lantana Rd
Cresthaven Blvd
Purdy Ln
Haverhill Rd
Military Trail
Haverhill Rd Ext
Map Section H19
Lake Worth Rd
Lantana Rd
Jog Rd
Melaleuca Ln Ave
10th Ave
Cresthaven
Purd Ln
! Map Section H 12
None
Map Section H13
Connors Hwy
SR80/US98/US441
Map Section H14
Okeechobee Blvd
County Rd
Southern Blvd
Military Trail
Forest Hill Blvd
Royal Palm Wy
N. Olive Ave
Dixie Hwy
Ocean Blvd
Map Section H 15
Okeechobee Blvd
Southern Blvd
SR7/US441
Forest Hill Blvd
-!
Map Section H14
Westgate Ave
Congress Ave
Belvedere Rd
Australian Ave
Gun Club Rd
Kirk Rd
Summit Blvd
Haverhill Rd
Map Section H16
Southern Blvd
Map Section H17
Southern Blvd
Map Section H18
Federal Highway
Lucerne Ave
Lake Ave
Ocean Blvd
S. Dixie Hwy
Lake Worth Rd
Forest Hill Blvd
Military Trail
Congress Ave
Map Section H19
Lake Worth Rd
US441/SR7
Forest Hill Blvd I
Map Section H2O Map Section H2O
None None
Map Section H21 Map Section H21
Jog Rd I Boynton Beach
Hypoluxo Rd Ocean Ave
Congress Ave Ocean Blvd
Seacrest Blvd Federal Hwy
High Ridge Rd
E. Ocean Ave
lantana Rd
Military Trail
le Chalet Blvd
Map Section H22 Map Section H22
Jog Rd Boynton Beach Blvd
Hypoluxo Rd SR7/US441
Map Section H23 Map Section H23
Woolbright Rd W. Atlantic Ave
Golf Rd NE 6th Ave
lake Ida Rd NE 5th Ave
Seacrest Blvd Ocean Blvd
Congress Ave E. Atlantic Ave
Barwick Rd
SW 23 Ave
Map Section H24 Map Section H24
Hagen Ranch Rd US441/SR7
lake Ida Rd
Map Section H25 Map Section H25
Linton Blvd Federal Hwy
Pheasant Wy Ocean Blvd
Clint Moore Rd SE 5th Ave
Military Trail SE 6th Ave
'Congress Ave Yamato Rd
Jog Rd Atlantic Ave
HaQen Ranch Rd
Map Section H26 Map Section H26
Clint Moore Rd US441/SR7
Cain Blvd W. Atlantic Ave
Lyons Rd
Yamato Rd
Map Section H27 Map Section H27
Dixie Hwy Ocean Blvd
Military Trail Federal Hwy
Camino Real Rd Glades Rd
Palmetto Park Rd Power Line Rd
Palmetto Cir N.
Toledo Rd
Map Section H28 I Map Section H28 i
Palmetto Park Rd Glades Rd
Lyons Rd
University Dr
Glades Rd
Yamato Rd ,
Map Section H29 I Map Section H29
Military Trail S. Ocean Blvd
Camino Real Rd Federal Hwy
Old Dixie Hwv i Power Line Rd
Map Section H30 I Map Section H30
Lvons Rd US441/SR7
Map Section H31 Map Section H31
Connors Hwy Connors Hwy
Everglades St
E. Main St
Bacorn Point Rd
US441/SR15
Map Section H32 I Map Section H32
None i Belle Glade Rd
i SR715
Map Section H33 I Map Section H33
E. Canal St S. i SR80/SR15
Hooker Hwy I SR715
I SR880 I
SR80/US441
Map Section H34 \ Map Section H34 l
None I SR80/US27
Map Section H35 Map Section H35
None SR80/US27 i
Map Section H36 [ Map Section H36
E. Canal St S. SR25/SR27
SR80 i
I
Enclosure 3
PALM BEACH COUNTY
POTENTIAL DEBRIS MANAGEMENT SITES
(available each storm season)
POTENTIAL DEBRIS MANAGEMENT SITES
SITEI SITE LOCATION I
,
Acme Dairy
Boynton Beach
!
SWA Site 7 Jog Road ,
i
South County Regional Park- I I
between Yamato Road and I
Glades Road, bordering
Loxahatchie National Wildlife
Refuge ! i
I !
I
I ! .
Hooker Hwy - Southeast Corner I :
of Hwy 715 & Hwy 80 I
! ~
Cholee Park - Forest Hill and FI I : !
Turnpike ! I
Airport Site - Wallis Road !
i
I , I
I I
I i !
20 Mile Bend I
!
Abacoa i
Mecca Farms
PALM BEACH COUNTY
DEBRIS CLEARING, REMOVAL, AND DISPOSAL GUIDELINES
Enclosure 4
Table of Contents
Right of Entry Agreement ...... .............................. ... ...... .......... ........ .... ...... .......... .........4-1
Debris Management Site Setup and Closeout Guidelines...............................
..... 4-2
Temporary Construction and Demolition Staging I Transfer Site Guidelines.. ..........4-6
Temporary Vegetative Debris Management Site Guidelines......................... ...4-9
Environmental Checklist for Air Curtain Pit Burners ........................................... ......4-13
Land Application of Wood Ash from Storm Debris Burn Sites Guidelines.................. 4-14
Reducing the Potential for Spontaneous Combustion in Compost or Mulch Piles
Guidelines................................................................................................................. . 4-15
{
\
Right of Entry Agreement
l!We
property commonly identified as
, the owner(s) of the
(street)
of_
, State
(city/town) (county)
do hereby grant and give freely and without coercion, the right of access and entry to said
property in the County/City of , its
agencies, contractors, and subcontractors thereof, for the purpose of removing and clearing any
or all storm-generated debris of whatever nature from the above described property.
It is fully understood that this permit is not an obligation to perform debris clearance. The
undersigned agrees and warrants to hold harmless the City/County of
State of , its agencies, contractors, and subcontractors, for damage of any
type, whatsoever, either to the above described property or persons situated thereon and
hereby release, discharge, and waive any action, either legal or equitable that might arise out of
any activities on the above described property. The property owner(s) will mark any storm
damaged sewer lines, water lines, and other utility lines located on the described property.
l!We (have_, have not_) (will_, will not_) received any compensation for
debris removal from any other source including SBA, ASCS, private insurance, individual and
family grant program or any other public assistance program. I will report for this property any
insurance settlements to me or my family for debris removal that has been performed at
government expense. For the considerations and purposes set forth herein, I set my hand this
_day of_, 19_.
Witness
Owner
Owner
Telephone Number and Address
4-1
Debris Management Site Setup and Closeout
Guidelines
Debris Management Site Setup
The topography and soil/substrate conditions should be evaluated to determine best site layout.
When planning site preparation, think of ways to make restoration easier. For example, if the
local soils are very thin, the topsoil can be scraped to bedrock and stockpiled in perimeter
berms. Upon site closeout, the uncontaminated soil can be spread to preserve the integrity of
the tillable soils.
The following site baseline data checklist should be used to evaluate a site before a contractor
begins operations and used during and after to ensure that site conditions are properly
documented.
Debris Management Site Baseline Data Checklist
Before Activities Begin
o Take ground or aerial photographs and/ or video.
o Note important features, such as structures, fences, culverts, and landscaping.
o Take random soil samples.
o Take random groundwater samples.
o Take water samples from existing wells.
o Check the site for volatile organic compounds.
After Activities Begin
o Establish groundwater-monitoring wells.
o Take groundwater samples.
o Take spot soil samples at household hazardous waste, ash. and fuel storage areas.
4-2
Progressive Updates
o Update videos/photographs.
o Update maps/sketches of site layout.
o Update quality assurance reports, fuel spill reports, etc.
Debris Management Site Operations
Lined temporary storage areas should be established for ash, household hazardous waste,
fuels, and other materials that may contaminate soils and groundwater. Plastic liners should be
placed under stationary equipment such as generators and mobile lighting plants. These
actions should be included as a requirement in the contract scope of work. If the site is also an
equipment storage area, fueling and equipment repair should be monitored to prevent and
mitigate spills of petroleum products and hydraulic fluids.
Be aware of and lessen the effects of operations that might irritate occupants of neighboring
areas. Establishment of a buffer zone can abate concerns over smoke, dust, noise, and traffic.
Consider on-site traffic patterns and segregate materials based on planned volume reduction
methods.
Operations that modify the landscape, such as substrate compaction and over excavation of
soils when loading debris for final disposal, will adversely affect landscape restoration.
Debris removal/disposal should be viewed as a multi-staged operation with continuous volume
reduction. There should be no significant accumulation of debris at temporary storage sites.
Instead, debris should be constantly flowing to burners and grinders, or recycled with the
residue and mixed construction and demolition materials going to a landfill.
Debris Management Site Closeout Inspection
Each Debris Management sites will eventually be emptied of all material and be restored to its
previous condition and use. The Contractor is required to remove and dispose of all mixed
debris, construction and demolition debris, and debris residue to approved landfills. Appropriate
PSC inspectors will monitor all closeout activities to ensure that the Contractor complies with the
Debris Removal and Disposal Contract. Additional measures may be necessary to meet local,
State, and Federal environmental requirements because of the nature of the Debris
Management sites operation.
Debris Management Site Closeout Planning
The Contractor must assure the SWA that all Debris Management sites are properly
remediated. There will be significant costs associated with this operatfon as well as close
scrutiny by the local press and environmental groups, Site remediation will go smoothly if
baseline data collection and site operation procedures are followed.
Debris Management Site Closeout Steps
4-3
1. Contractor responsible for removing all debris from the site.
2. Contractor conducts an environmental assessment with SWA and landowner.
3. Contractor develops a restoration plan.
4. Restoration plan reviewed by SWA, landowner, and appropriate environmental agency.
5. Restoration plan approved by the appropriate environmental agency.
6. Contractor executes the plan.
7. Contractor obtains acceptance from SWA appropriate environmental agency, and the
landowner.
Debris Management Site Remediation (as appropriate)
During the debris removal process and after the material has been removed from each of the
Debris Management sites, environmental monitoring will be needed to close each of the sites.
This is to ensure that no long-term environmental contamination is left on the site. The
monitoring should be done on three different media: ash, soil, and groundwater.
. Ash. The monitoring of the ash should consist of chemical testing to determine the
suitability of the material for either agricultural use or as a landfill cover material.
. Soil. Monitoring of the soils should be by portable inspection methods to determine if any of
the soils are contaminated by volatile hydrocarbons. The Contractors may do this if it is
determined that hazardous material, such as oil or diesel fuel was spilled on the site. This
phase of the monitoring should be done after the stockpiles are removed from the site.
. Ground Water. The monitoring of the groundwater should be done to determine the
probable effects of rainfall leaching through either the ash areas or the stockpile areas.
Debris Management Site Closeout Coordination
The Contractor will coordinate the following closeout requirements through the DCA T staff:
. Coordinate with local and State officials responsible for construction, real estate,
contracting, project management, and legal counsel regarding requirements and support for
implementation of a site remediation plan.
. Establish an independent testing and monitoring program. The Contractor is responsible for
environmental restoration of both public and leased sites. The Contractor will also remove
all debris from sites for final disposal at landfills prior to closure.
. Reference appropriate and applicable environmental regulations.
. Prioritize site closures.
. Schedule closeout activities.
. Determine separate protocols for ash, soil and water testing.
. Develop decision criteria for certifying satisfactory closure based on limited baseline
information.
. Develop administrative procedures and contractual arrangements for closure phase.
. Inform local and State environmental agencies regarding acceptability of program and
established requirements.
. Designate approving authority to review and evaluate Contractor closure activities and
progress.
. Retain staff during closure phase to develop site-specific remediation for sites, as needed.
based on information obtained from the closure checklist shown below.
4-4
Debris Management Site Closure Checklist
D Site number and location.
D Date closure complete.
D Household hazardous waste removed.
D Contractor equipment and temporary structures removed
D Contractor petroleum spills remediated.
D Ash piles removed.
D Comparison of baseline information to conditions after the contractor has vacated the
temporary site.
D Appendices.
· Closure documents.
· Contracting status reports.
. Contract.
· Testing results.
· Correspondence.
· Narrative responses.
Site Closeout
Once a site is no longer needed, it should be closed in accordance with the following guidelines.
Closeout is not considered complete until the following occurs:
Material Removal
;. All processed and unprocessed vegetative material and inert debris shall be removed to a
properly approved solid waste management site.
2. Tires must be disposed of at a scrap tire collection/processing facility; white goods and other
metal scrap should be separated for recycling.
3. Burn residues shall be removed to a properly approved solid waste management site or land
applied in accordance with these guidelines.
4. All other materials, unrecoverable metals, insulation, wall board, plastics, roofing material,
painted wood, and other material from demolished buildings that is not inert debris (see #1
above) as well as inert debris that is mixed with such materials shall be removed to a
properly permitted C & 0 recycling facility, C & 0 landfill, or municipal solid waste landfill.
4-5
Temporary Construction and Demolition Staging f Transfer Site
Guidelines
General
The following guidelines should be considered when establishing staging/transfer sites for
Construction & Demolition (C&D) and C&D recycling treatment and processing facilities.
These guidelines apply only to sites for staging/transferring C&D storm debris (roof
shingles/roofing materials, carpet, insulation, wallboard, treated and painted lumber, etc.),
Arrangements should be made to screen out unsuitable materials, such as household garbage.
white goods, asbestos containing materials (ACM's), and household hazardous waste.
Selecting Temporary Staging / Transferring Sites
Locating sites for staging/transferring C&D waste can be accomplished by evaluating potentiai
sites and by revisit sites used in the past to see if site conditions have changed or if the
surrounding areas have changed significantly to alter the use of the site. The following
guidelines are presented in locating a site for "staging/transferring" and are considered
"minimum standards" for selecting a site for use:
1. Sites should be located outside of identifiable or known floodplain and flood prone areas:
consult the Flood Insurance Rate Map for the location in your county to verify these areas.
. Due to heavy rains assoCiated with hurricanes and saturated conditions that result, flooding
may occur more frequently than normally expected.
2. Unloading areas for incoming C&D debris material should be at a minimum 100 feet from all
surface waters of the state. "Waters of the state" includes but is not limited to small creeks.
streams, watercourses, ditches that maintain seasonal groundwater levels, ponds, wetlands.
etc.
3. Storage areas for incoming C&D debris shall be at least 100 feet from the site property
boundaries, on-site buildings, structures, and septic tanks with leach fields or at least 250
feet from off-site residential dwellings, commerCial or public structures, and potable water
supply wells, whichever is greater.
4. Materials separated from incoming C&D debris (white goods, scrap metal, etc.) shall be at
least 50 feet from site property lines. Other non-transferable C&D wastes (household
garbage, larger containers of liquid, household hazardous waste shall be placed in
containers and transported to the appropriate facilities as soon as possible.
5. Sites that have identified wetlands should be avoided, if possible. If wetlands exist or
wetland features appear at a potential site, verification by the local Corps of Engineers office
will be necessary to delineate areas of concern. Once areas are delineated, the areas shall
be flagged and a 1 OO-foot buffer shall be maintained for all activities on-going at the site.
4-6
6. Sites bisected by overhead power transmission lines need careful consideration due to large
dump body trucks/trailers used to haul debris, and underground utilities need to be identified
due to the potential for site disturbance by truck/equipment traffic and possible site grading.
7. Sites shall have an attendant(s) during operating hours to minimize the acceptance of
unapproved materials and to provide directions to haulers and private citizens bringing in
debris.
8. Sites should be secure after operating hours to prevent unauthorized access to the site.
Temporary measures to limit access to the site could be the use of trucks or equipment to
block entry. Gates, cables, or swing pipes should be installed as soon as possible for
permanent access control, if a site is to be used longer than two weeks.
9. When possible, signs should be installed to inform haulers and the general public on types
of waste accepted, hours of operation, and who to contact in case of after hours emergency.
10. Final written approval is required to consider any debris management site to be closed.
Closeout of processing/recycling sites shall be within one (1) year of receiving waste. If site
operations will be necessary beyond this time frame, permitting of the site by the State may
be required. If conditions at the site become injurious to public health and the environment,
then the site shall be closed until conditions are corrected or permanently closed. Closeout
of sites shall be in accordance with the closeout and restoration of temporary debris
management sites guidelines.
C&D Treatment & Processing/Recycling Sites
Management of C&D debris and source separated materials to be recycled shall be in
accordance with the following additional conditions:
1. Contact the PSC Health Department for information on managing asbestos containing
materials (ACM's) or materials that are considered regulated asbestos containing materials.
2. Sites should be located outside of identifiable or known floodplain and flood prone areas;
consult the Flood Insurance Rate Map for the location in your county to verify these areas.
Due to heavy rains associated with hurricanes and saturated conditions that result, flooding
may occur more frequently than normally expected.
3. Storage areas for incoming debris should be at a minimum 100 feet from all surface waters
of the state. "Waters of the state" includes but is not limited to small creeks, streams,
watercourses, ditches that maintain seasonal groundwater levels, ponds, wetlands, etc.
4. Storage areas for incoming debris shall be located at least 100 feet from property
boundaries and on-site buildings/structures.
5. Sites that have identified wetlands should be avoided, if possible. If wetlands exist or
wetland features appear at a potential site verification by the local Corps of Engineers office
or will be necessary to delineate areas of concern. Once areas are delineated, the areas
shall be flagged and a 1 DO-foot buffer shall be maintained for all activities on-going at the
site.
4-7
6. Storage areas for incoming C&D debris shall be at least 100 feet from the site property
boundaries, on-site buildings, structures, and septic tanks with leach fields or at least 250
feet from off-site residential dwellings, commercial or public structures, and potable water
supply wells, whichever is greater.
7. Sites bisected by overhead power transmission lines need careful consideration due to large
dump body trucks / trailers used to haul debris and the intense heat generated by the ACB
device. Underground utilities need to be identified prior to digging pits for using the ACB
device.
8. Provisions should be made to prevent unauthorized access to facilities when not open for
use. As a temporary measure, access can be secured by blocking drives or entrances with
trucks or other equipment when the facilities are closed. Gates, cables, or other more
standard types of access control should be installed as soon as possible.
9. When possible, post signs with operating hours and information about what types of clean
up waste may be accepted. Also include information as to whether only commercial haulers
or the general public may deposit waste.
10. Final written approval is required to consider any debris management site to be closed.
Closeout of processing / recycling sites shall be within six (6) months of receiving waste. If
site operations will be necessary beyond this time frame, permitting of the site by the State
may be required. If conditions at the site become injurious to public health and the
environment, then the site shall be closed until conditions are corrected or permanently
closed.
4-8
Temporary Vegetative Debris Management Site
Guidelines
General
When preparing temporary facilities for handling debris resulting from the clean up efforts due to
hurricane damage, the following guidelines should be considered when establishing Temporary
Debris Management sites.
These guidelines apply only to sites for staging or burning vegetative storm debris (yard waste,
trees, limbs, stumps, branches, and untreated or unpainted wood). Arrangements should be
made to screen out unsuitable materials.
The two method (s) of managing vegetative and land clearing storm debris is "chipping/grinding"
for use in landscape mulch, compost preparation, and industrial boiler fuel or using an "air
curtain burner (ACB)", with the resulting ash being land applied as a liming agent or
incorporated into a finished compost product as needed.
Chipping and Grinding Sites
Locating sites for chipping/grinding of vegetative and land clearing debris will require a detailed
evaluation of potential sites and possible revisits at future dates to see if site conditions have
changed or if the surrounding areas have changed significantly to alter the use of the site.
The following guidelines are presented in locating a site for "chipping/grinding" and are
considered "minimum standards" for selecting a site for use:
1. Sites should be located outside of identifiable or known floodplain and flood prone areas;
consult the Flood Insurance Rate Map for the location in your county to verify these areas.
Due to heavy rains associated with hurricanes and saturated conditions that result, flooding
may occur more frequently than normally expected.
2. Storage areas for incoming debris and processed material should be at a minimum 100 feet
from all surface waters of the state. "Waters of the state" includes but is not limited to small
creeks, streams, watercourses, ditches that maintain seasonal groundwater levels, ponds,
wetlands, etc.
3. Storage areas for incoming debris and processed material shall be at least 100 feet from the
site property boundaries and on-site buildings/structures. Management of processed
material shall be in accordance with the guidelines for reducing the potential for
spontaneous combustion in compost/mulch piles.
4. Storage areas for incoming debris shall be located at least 100 feet from residential
dwellings, commercial or public structures, potable water supply wells, and septic tanks with
leach fields.
4-9
5. Sites that have identified wetlands should be avoided, if possible. If wetlands exist 0:-
wetland features appear at a potential site, verification by the local Corps of Engineers office
will be necessary to delineate areas of concern. Once areas are delineated, the areas shall
be flagged and a 1 OO-foot buffer shall be maintained for all activities on-going at the site.
6. Sites bisected by overhead power transmission lines need careful consideration due to large
dump body trucks/trailers used to haul debris, and underground utilities need to be identified
due to the potential for site disturbance by truck/equipment traffic and possible site grading.
7. Sites shall have an attendant(s) during operating hours to minimize the acceptance of
unapproved materials and to provide directions to haulers and private citizens bringing in
debris.
8. Sites should be secure after operating hours to prevent unauthorized access to the site.
Temporary measures to limit access to the site could be the use of trucks or equipment to
block entry. Gates, cables, or swing pipes should be installed as soon as possible for
permanent access control, if a site is to be used longer than two,weeks. Sites should have
adequate access that prohibits traffic from backing onto public rights-of-way or blocking
primary and/or secondary roads to the site.
9. When possible, signs should be installed to inform haulers and the general public on types
of waste accepted, hours of operation, and who to contact in case of an after hours
emergency.
10. Grinding of clean wood waste such as pallets and segregated non-painted/non-treated
dimensional lumber is allowed.
11. Final written approval is required to consider any debris management site to be closed.
Closeout of staging and processing sites shall be within six (6) months of receiving waste. If
site operations will be necessary beyond this time frame, permitting of the site may be
required. If conditions at the site become injurious to public health and the environment,
then the site shall be closed until conditions are corrected or permanently closed. Closeout
of sites shall be in accordance with the closeout and restoration guidelines for temporary
debris management sites.
Air Curtain Burner Site Location and Operations
Locating sites that are intended for air curtain burning (ACB) operations is a coordinated effort
between the Solid Waste Authority and SC Department of Health and Environmental Control
staff for evaluating the surrounding areas and to reevaluate potential sites used in the past.
The following guidelines are presented for selecting an ACB site and operational requirements
once a site is in use:
1. Contact the local fire marshal or fire department for input into site selection in order to
minimize the potential for fire hazards, other potential problems related to fire fighting that
could be presented by the location of the site, and to ensure that adequate fire protection
resources area available in the event of an emergency.
4-10
2. The requirements for ACB device(s), in accordance with Air Quality rules require the
following buffers: a minimum of 500 feet from the ACB device to homes, dwellings and other
structures and 250 feet from roadways. Contact the SC Department of Health and
Environmental Control for updates or changes to their requirements.
3. Sites should be located outside of identifiable or known floodplain and flood prone areas;
consult the Flood Insurance Rate Map for the location in your county to verify these areas,
Due to heavy rains associated with hurricanes and saturated conditions that result, flooding
may occur more frequently than normally expected. If ACB pit devices are utilized, a
minimum two-foot separation to the seasonal high water table is recommended. A larger
buffer to the seasonal high water table may be necessary due to on-site soil conditions and
topography.
4. Storage areas for incoming debris should be at a minimum 100 feet from all surface waters
of the state. "Waters of the state" includes but is not limited to small creeks, streams,
watercourses, ditches that maintain seasonal groundwater levels, ponds, wetlands, etc.
5. Storage areas for incoming debris shall be located at least 100 feet from property
boundaries and on-site buildings/structures.
6. Air Curtain Burners in use should be located at least 200 feet from on-site storage areas for
incoming debris, on-site dwellings and other structures, potable water supply wells, and
septic tanks and leaching fields.
7. Wood ash stored on-site shall be located at least 200 feet from storage areas for incoming
debris, processed mulch or tub grinders (if a grinding site and ACB site is located on the
same property). Wood ash shall be wetted prior to removal from the ACB device or earth pit
and placed in storage. If the wood ash is to be stored prior to removal from the site, then
rewetting may be necessary to minimize airborne emissions.
8. Wood ash to be land applied on site or off site shall be managed in accordance with the
guidelines for the land application of wood ash from storm debris burn sites. The ash shall
be incorporated into the soil by the end of the operational day or sooner if the wood ash
becomes dry and airborne.
8. Sites that have identified wetlands should be avoided, if possible. If wetlands exist or
wetland features appear at a potential site, verification by the. local Corps of Engineers office
will be necessary to delineate areas of concern. Once areas are delineated, the areas shall
be flagged, and a 1 DO-foot buffer shall be maintained for all activities on-going at the site.
9. Sites bisected by overhead power transmission lines need careful consideration due to large
dump body trucks/trailers used to haul debris and the intense heat generated by the ACB
device. Underground utilities need to be identified prior to digging pits for using the ACB
device.
10. Provisions should be made to prevent unauthorized access to facilities when not open for
use. As a temporary measure, access can be secured by blocking drives or entrances with
4-11
trucks or other equipment when the facilities are closed. Gates, cables, or other more
standard types of access control should be installed as soon as possible.
11. When possible, post signs with operating hours and information about what types of clean
up waste may be accepted, Also include information as to whether only commercial haulers
or the general public may deposit waste.
12. Closeout of air curtain burner sites shall be within six (6) months of receiving waste. If site
operations will be necessary beyond this time frame, permitting of the site may be required.
If conditions at the site become injurious to public health and the environment, then the site
shall be closed until conditions are corrected or permanently closed. management sites
4-12
Overview of an Air Curtain
Operation
."
Gi
c
"
m
'"
AIR
...0(
PIT WALL, EITHER DIRT OR
PRE-MANUFACTURED
A power fOUree.. eitber electric motor or diucl power unit, drives a fa'll. whicb in lUfn
creates an air curtain by forcing air through a plenum and nozzle. Tbis high velocity air
travelr across fhe top of the pit which a fire has been started
The air curtain traps smoke and small particles and recirculates them to enhance
combustion Ind reduce smoke. The 'Very large volume of air .ccelerates combustion and
provides {or high pit tern peratures between 1 ROO degrees F and 2200 degrees F
The pit provides a ufe combustion ch.amber which helps prevent heat Iou.
IMPERVIOUS I
LAYER ~
Air Curtain Pit Burner
Blower Nozzel
l' Wheel Stop
..,
i5
c
;Q
m
w
8'
8'
M ax Width
8'
Existing Ground
4-13
Environmental Checklist for Air Curtain Pit Burners
Incineration site inspections will also include an assessment of the environmental controls being
used by the Contractor. Environmental controls are essential for all incineration methods, and
the following will be monitored.
D A setback of at least 1,000 feet should be maintained between the debris piles and the
incineration area. Keep at least 1,000 feet between the incineration area and the
nearest building. Contractor should use fencing and warning signs to keep the public
away from the incineration area.
D The fire should be extinguished approximately two hours before anticipated removal of
the ash mound. The ash mound should be removed when it reaches 2 feet below the lip
of the incineration pit.
D The incineration area should be placed in an aboveground or below ground pit that is no
wider than 8 feet and between 9 and 14 feet deep.
o Above ground incineration pits should be constructed with limestone and reinforced with
earth anchors or wire mesh to support the weight of the loaders. There should be a 1-
foot impervious layer of clay or limestone on the bottom of the pit to seal the ash from
the aquifer.
D The ends of the pits should be sealed with dirt or ash to a height of 4 feet.
o A 12-inch dirt seal should be placed on the lip of the incineration pit area to seal the
blower nozzle. The nozzle should be 3 to 6 inches from the end of the pit.
o There should be i-foot high, unburnable warning stops along the edge of the pit's length
to prevent the loader from damaging the lip of the incineration pit.
o Hazardous or contaminated ignitable material should not be placed in the pit. This is to
prevent contained explosions.
o The airflow should hit the wall of the pit about 2 feet below the top edge of the pit, and
the debris should not break the path of the airflow except during dumping.
o The pit should be no longer than the length of the blower system and the pit should be
loaded uniformly along its length.
4-13
Land Application of Wood Ash from Storm Debris Burn Sites
Guidelines
1. Whenever possible, soil test data and waste analysis of the ash should be available to
determine appropriate application rate.
2. In the absence of test data to indicate agronomic rates, application should be limited to 2 to 4
tons per acre/one time event. If additional applications are necessary, due to the volume of ash
generated and time frame in which the ash is generated, then an ash management plan will be
needed.
3. Ash should be land applied in a similar manner as agricultural limestone.
4. Ash should not be land applied during periods of high wind to avoid the ash blowing off the
application sites.
5. Ash should not be land applied within 25 feet of surface waters or within 5 feet of drainage
ways or ditches on sites that are stabilized with vegetation. These distances should be doubled
on sites that are not vegetated and the ash shouJd be promptly incorporated into the soil.
6. Records should be maintained to indicate where ash is applied and the approximate
quantities of ash applied.
7. As an option to land application, ash may be managed at a permitted municipal solid waste
landfill after cooled to prevent possible fire. .
8. Assistance in obtaining soil test data and waste analysis of ash should be available through
county offices of the Extension Service.
4-14
Reducing the Potential for Spontaneous Combustion in Compost or Mulch Piles
Guidelines
1. When ground organic debris is put into piles, microorganisms can very quickly begin to
decompose the organic materials. The microorganisms generate heat and volatile gases as
a result of the decomposition process. Temperatures in these piles can easily rise to more
than 160 degrees Fahrenheit. Spontaneous combustion can occur in these situations.
2. Spontaneous combustion is more likely to occur in larger piles of debris because of a
greater possibility of volatile gases building up in the piles and being ignited by the high
temperatures. If wind rows can be maintained 5 feet to 6 feet high and 8 feet to 10 feet
wide, volatile gases have a better chance of escaping the piles; and the possibility of
spontaneous combustion will be reduced.
3. Turning piles when temperatures reach 160 degrees can also reduce the potential for
spontaneous combustion. Pile turning provides an opportunity for gases to escape and for
the contents of the pile to cool. Adding moisture during turning will increase cooling.
Controlling the amount of nitrogen-bearing (green) wastes in piles will also help to reduce
the risk of fire. The less nitrogen in the piles the slower the decomposition process and
consequently the less heat generated and gases released.
4. Large piles should be kept away from wooded areas and structures and should be
accessible to fire fighting equipment, if a fire were to occur. Efforts should be made to avoid
driving or operating heavy equipment on large piles because the compaction will increase
the amount of heat build-up, which could increase the possibility of spontaneous
combustion.
4-15
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EXHIBIT E
LOCATION OF PUBLICLY OWNED DEBRIS MANAGEMENT SITES
SWA Temporary Debris Disposal Sites
SITE LOCATION
I
20 Mile Bend/Palm Beach Aggregates North side of Southern Blvd approximately
4 miles west of Lion Country Safari
441/Boynton Beach Blvd West side of 441 approximately 1-% miles
north of Boynton Beach Blvd
Abacoa Approximately % mile west of Central Blvd
on the north side of Dakota Road in Jupiter
Located at SWA's landfill site - 6554 N. Jog
Ashfill Rd, West Palm Beach - west of the Florida
Turnpike between 45th St and Beeline Hwy
West of Jog Road on the south side of Forest
Cholee Park Hill Blvd across from the entrance to
Okeeheelee Park
South side of Hooker Highway approximately
Hooker Highway 1 mile west of the intersection of State Road
80 and 441
Mecca Farms Approximately 1 mile north of Northlake Blvd
on the east side of Seminole Pratt Whitney Rd
Take Glades Road west of 441 approximately
South County Regional Park 2 miles to Ponderosa Drive and turn north to
the site
Wallis Road Located on the north side of Wallis Road
between Haverhill Road and Military Trail
!
EXHIBIT F
M/W/SBE PLAN
Phillips & Jordan, Inc, (P&J) have historically been successful in achieving targeted
subcontracting goals for small (SB), small disadvantaged business (SDB) concerns (including
Minority Business Enterprise (MBE) and, women-owned small business (WOSB) concerns,
HUB Zone small business (HUB Zone SB), veteran-owned small business (VOSB) concerns,
and service-disabled veteran-owned (SDVOSB) concerns on previous disaster response efforts.
Subcontractor Agreements
In addition to our own crews, P&J has a vast network of specialized subcontractors who have
signed up to assist us on disaster recovery projects, We maintain a database of these
subcontractors, the regions in which they are willing to work, and what there areas of expertise
are. The subcontractors that we utilize are familiar with our methods and means of operation, and
are willing to drop what they are doing and come when we call. The skill level required to work
under intense and difficult conditions is not an everyday commodity, but is a hallmark of the
specialized subcontractors that assist us on our projects.
Depending on the magnitude and scope of an event, aspects of a disaster recovery project that
P &J may utilize subcontractors for include: debris removal, debris transportation, equipment
transport, HazMat, environmental, traffic control, electrical, and demolition. To meet any goals,
we propose to use the contractors who have performed at a high level for Phillips & Jordan in
past recovery efforts. Each of these contractors will have the opportunity to provide services to
meet or exceed the goals. Phillips & Jordan, Inc will strive to utilize as many local MBE
concerns as possible.
Administration of any P &J' s Subcontracting Plan for Minority Business Enterprise (MBE)
business concerns will be the responsibility of Susan Williams, the designated Equal
Employment Opportunity (EEO) officer for the project. Ms. Williams is the overall corporate
EEO officer. Her responsibilities in this area include:
Overseeing subcontracting to Minority Business Enterprise (MBE) and monitoring
the progress of the company towards meeting its stated goals;
Maintaining bidding lists of minority business enterprise (MBE) concerns from all
possible sources;
Ensuring that procurements are structured to allow minority business enterprise
(MBE) concerns to participate to the maximum extent possible and assuring inclusion
in all solicitations for products or services that they are capable of providing;
Attendance at Business Opportunity Workshops, Minority Business Enterprises
Seminars, and Trade Shows;
· Arranging for motivational training for purchasing personnel.
Contract No. 07-240
SOLID WASTEAUTHORITY
OF PALl\1 BEACH COUNTY
7501 North Jog Road
\Vest Palm Beach, Florida 33412
Telephone: 561-640-4000. Fax: 561-640-3400
EXHIBIT G
~,~
SW~\
SOLi[l~\'N, i_ Aul:tEln'
TASK ORDER
DISASTER DEBRIS MANAGEMENT
TO
Task Order No.
In accordance with (Contractor) contract, with the
Solid Waste Authority of PBC, Florida, (AUTHORITY) Agreement No, for
Hurricane/Disaster Debris Removal, Reduction, and Disposal dated the
AUTHORITY hereby requests and authorizes the services to be performed on the project as
described below:
Project:
Specific Work to be performed:
Duration of Work (Include Start Date, End Date and Total Calendar Days):
Method of Payment:
Estimated Cost of this Task Order: $
Contractor Signature: Date:
AillHORITY Signature: Date:
SW A RequestorlMonitor:
SW A Dept, Director:
Vendor No.:
Purchasing:
Account No, :
Budget:
Date:
Date:
Project:
Accounting:
White/SW A Contract File GreenIPurchasing Yellow/Debris Contractor PinkIDebris Consultant GoldIFinance File
EXHIBIT H
FEMA 322
PUBLIC ASSISTANCE GUIDE
CHAPTER 5
PROJECT MANAGEMENT
Project management begins when a disaster occurs and does not end until an applicant
has received final payment for the project. Good project management ensures
successful recovery from the disaster, expedited payment of funds, and more efficient
close-outs of PA Program grants.
Record Keeping
It is critical that the applicant establish and maintain accurate records of events and
expenditures related to disaster recovery work. The information required for
documentation describes the "who, what, when, where, why, and how much" for each
item of disaster recovery work. The applicant should have a financial and record
keeping system in place that can be used to track these elements. The importance of
maintaining a complete and accurate set of records for each project cannot be over-
emphasized. Good documentation facilitates the project formulation, validation,
approval, and funding processes.
All of the documentation pertaining to a project should be filed with the corresponding
PWand maintained by the applicant as the permanent record of the project. These
records become the basis for verification of the accuracy of project cost estimates
during validation of small projects, reconciliation of costs for large projects, and audits.
Applicants should begin the record keeping process before a disaster is declared by the
President. To ensure that work performed both before and after a disaster declaration is
well documented, potential applicants should:
· designate a person to coordinate the compilation and filing of records;
· establish a file for each site where work has been or will be performed; and
· maintain accurate disbursement and accounting records to document the work
performed and the costs incurred.
The Federal Office of Management and Budget requires grant recipients to maintain
financial and program records on file for three years following final payment. Records of
grant recipients may be subject to the provisions of the Single Audit Act, as described
on page 117 of this guide. Applicants may refer to the Applicant Handbook, FEMA 323,
for additional information regarding record-keeping.
EXHIBIT I
~ MOBILIZATION SCHEDULE
CONTRACTOR shall commence mobilization of equipment, operators, and laborers
immediately upon receipt of a Mobilization Task Order to meet the progress pattem set below,
Category 1 & 2 Category 3 Category 4 Category 5
Within 24 hours 40% ') -01 20% I 1 -0 I
,,-) /0 ) /0
Within 48 hours 80% 40<;'0 35% 25%
Within 72 hours 100% 75% 50% ! 45%
Within 96 hours 100% 70% I 60%
:
Within 7 days 90% 80%
Within 10 days 100% 90%
Within 14 days 100%
VI.-CONSENT AGENDA
ITEM C.l.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19, 2007 June 4,2007 (Noon)
0 May 1,2007 April 16,2007 (Noon) ~ July 3, 2007 June 18,2007 (Noon)
0 May 15,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon)
NA TURE OF
AGENDA ITEM
o Announcements/Presentations
o
[8J
o
o
Administrative
n
CJ-t
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Co -r'1
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RECOMMENDATION: ~ ~~
Motion to approve and execute by resolution Task Order #U07-1-1 to Arcadis, for proQlssiQilal
engineering services related to the East Water Treatment Plant Chlorine Conversion P~ect~
$67,634.00. :::
Consent Agenda
o City Manager's Report
o New Business
o
o
o
Legal
Unfinished Business
o
-.l
:Jl:
:;po
-<
Code Compliance & Legal Settlements
Public Hearing
EXPLANATION:
On July 17, 2006, Task Order U06-1-1 approved Arcadis to prepare an Infrastructure
Rehabilitation Evaluation of the East Water Treatment Plant (EWTP). The objective of
rehabilitating the EWTP is to assure functional and reliable service until 2020. Four phases were
:lefined to implement this objective: Phase I - Analysis and Report; Phase II - Design & Permit;
Phase III - Bidding; and Phase IV - Construction. Arcadis completed Phase I and submitted the
report to Utilities on February 7, 2007. The report addresses several areas of concern including
:-epairs to existing equipment, plant structure and replacement of specified existing equipment.
~ROGRAM IMPACT:
\t this time, City staff recommends we move forward with Task Order #U07-1-1 to provide
~ngineering services for Phase II - Design and Permitting to replace the existing gaseous chlorine
:ystem with bulk sodium hypochlorite.
~\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
!'1":..2r.:-
/ .
\po;/~;;. .~ t}
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Environmental Protection Agency (EP A) regulations have become more stringent regarding the
use of gaseous chlorine, and replacement of the existing gaseous chlorine system with the
installation of a bulk sodium hypochlorite system designed to meet or exceed EP A regulations.
Using a bulk sodium hypochlorite system would eliminate the need to store gaseous chlorine at the
EWTP without compromising current disinfection properties while decreasing operational costs.
The most important advantage for conversion to a bulk sodium hypochlorite system is the
protection of City residents from the accidental release of chlorine gas. Other components for
rehabilitation of the EWTP will addressed in the near future.
Task Order U07-l-l includes Alternative A for Phase III - Bidding, if the City decides to publicly
bid the project. Subsequently, Phase IV - Construction costs will be negotiated separately if
needed.
FISCAL IMPACT:
Funds are available in Utilities account #403-5000-590-96-10 WTR112. Terms and conditions
under Request for Qualifications #065-282l-03/CJD for consulting and engineering services were
approved by the City Commission on 11/18/03 and renewed on 2/13/06. The engineers' Opinion of
Probable Cost for construction is approximately $350,000.
TASK ORDER
APPROVED
AMOUNT
- .
U06-1-l Julv 17,2006 $ 24,500.00
U07-1-1 June 5, 2007 A2:enda $ 67,634.00
TOTAL $ 92,134.00
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES:
The replacement of the existing gaseous chlorine system would protect City residents from
possible chlorine gas release and satisfy EP A regulations before they are mandatory. The
alternative would be to delay the installation of a bulk sodium hypochlorite system, face increased
equipment costs in the future, and not realize potential operational cost savings.
~> J;L~
Kofi Boateng, Utilities Director
!\)or 2ec~avo.4
Kurt Bressner, City Manager
1f
Carisse LeJeun Assistant to City anager
Utilities Department
Department Name
Attachment - Three (3) Original Task Orders #U7-1-1
be: Kofi Boateng, Utilities Director
Michael Low, Deputy Utilities Director
r/Pete Mazzella, Deputy Utilities Director
1'NIk Chris Roschek, Engineering Division Manager
1',,,,Paul Fleming, Sr. Project Manager
Barb Conboy, Manager Utilities Admin/Finance
Project File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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1 RESOLUTION NO. R07- 057
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING
5 EXECUTION OF TASK ORDER NO. U07-1-1 WITH
6 ARCADIS U.S., INC., TO PROVIDE ENGINEERING
7 SERVICES RELATED TO THE EAST WATER
8 TREATMENT PLANT CHLORINE CONVERSION
9 PROJECT IN THE AMOUNT OF $67,634.00; AND
10 PROVIDING AN EFFECTIVE DATE.
11
12
13 WHEREAS, on July 17, 2006, Task Order U06-1-1 approved Arcadis to prepare an
14 Infrastructure Rehabilitation Evaluation of the East Water Treatment Plant; and
15 WHEREAS, City staff recommends the City move forward with Task Order U07-1-1
16 to provide engineering services for Phase II - Design and Permitting to replace the existing
17 gaseous chlorine system with bulk sodium hypochlorite; and
18
WHEREAS, the City Commission of the City of Boynton Beach upon
19 recommendation of staff, deems it to be in the best interest of the citizens of the City of
20 Boynton Beach to approve and authorize the execution of Task Order No. U07 -1-1 with the
21 Arcadis U.S., Inc., to provide engineering services related to the East Water Treatment Plant
22 Chlorine Conversion Project in the amount of $67,634.00.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing "\Vhereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28
Section 2.
The City Commission of the City of Boynton Beach, Florida does
29 hereby approve and authorize the execution of Task Order No. U07-1-1 with the Arcadis U.S.,
S:\CA\RESOlAgreements\Task - Change OrderslAccadlS' U07.1.1.doc
Inc., to provide engmeenng services related to the East Water Treatment Plant Chlorine
2 Conversion Project in the amount of $67,634.00, a copy of which is attached hereto as Exhibit
3 "A".
Section 3.
This Resolution shall become effective immediately upon passage.
4
5
PASSED AND ADOPTED this ~ day of May, 2007.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 ATTEST:
25
26
27 Janet Prainito, City Clerk
28
29
30 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jeny Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S:\CAIRESOlAgreements\Task - Change OrderslArcadis - U07-1-1.doc
R07- 057
TASK ORDER NO. U07-1-1 - East Water Treatment
Plant Chlorine System Conversion.
A. Background
ARCADIS is pleased to submit this proposal for engineering services in connection
with the conversion of the existing disinfection system at the City of Boynton Beach,
East Water Treatment Plant (WTP) from gaseous chlorine to liquid sodium
hypochlorite. New provisions to the Environmental Protection Agency (EP A)
regulations for facilities using gaseous chlorine have become more stringent. Risk
management planning and concerns of large-scale leaks have resulted in a push
towards the use of sodium hypochlorite at these types of facilities. Sodium
hypochlorite is safer and easier to manage then gaseous chlorine while maintaining
similar disinfection properties.
ARCADIS herein referred to as Engineer, shall perform the services as outlined below
for the City of Boynton Beach, hereinafter referred to as the City.
B. Scope of Services
The Engineer understands that the project will include demolition details for the
existing gaseous chlorine disinfection system at the facility and the design of a new
sodium hypochlorite based disinfection system to replace the existing system at the
City's East WTP. The systems to be designed include bulk storage tank facilities,
secondary containment provisions, chemical feed metering systems and piping
manifold and delivery systems.
The following specific tasks shall be performed by the Engineer:
Task 1 - Design
Prepare plans and technical specifications for the proposed sodium hypochlorite bulk
storage and chemical feed systems to be installed at the City's East WTP. In general
the design shall include the following:
Page 10f7
a. Conduct a kickoff meeting at the City's office to establish
project objectives and confirm design criteria. Attendees of
the kickoff meeting shall include representatives of the engineer
and appropriate staff from the City.
b. Preparation of demolition plans and detail drawings for the
decommissioning of the existing gaseous chlorine systems
including the removal of all chlorination equipment and gas
cylinder scales. Demolition plans and details for the
decommissioning of the existing air scrubber system which
currently services the gas cylinder storage building will also be
completed under this item.
c. Preparation of civil and mechanical drawings for the installation
of a sodium hypochlorite bulk storage system at the East WTP.
Preliminary discussions with the City indicate that the preferred
location of the proposed bulk storage system is within the
existing gas cylinder storage building.
d. Preparation of mechanical drawings for the installation of self-
contained chemical metering pumps systems. The metering
pump systems shall be a skid mounted system delivered to the
site with a pre-piped manifold complete with pressure relief
valves for blow-off of sodium hypochlorite off-gas. Preliminary
discussions with the City indicate that the preferred location of
the proposed chemical metering systems is within the existing
gas chlorinator room. Furthermore, it is also assumed that the
metering system will be designed for "plug-and-play" in a
standard 120 V AC receptacle.
e. Preparation of civil and mechanical drawings for the installation
of sodium hypochlorite feed piping to the designated application
points at both the "pre" and "post" chlorine dosing points shall
be included. Additional chlorine dosing points may be added as
requested by the City.
f. Preparation of a detailed construction sequence/plan for the
conversion of the existing disinfection system from gaseous
chlorine to liquid sodium hypochlorite. Plan shall outline the
proposed means and methods required to ensure uninterrupted
service/operation of the water treatment plant processes for the
duration of the conversion activities. It is anticipated that the
proposed construction sequence will entail the specification of
temporary sodium hypochlorite bulk storage and chemical feed
systems, which will allow the Contractor to demolish and
Page 2 of7
Sheet
No.
1
2
3
4
5
6
7
8
9
10
11
12
construct the existing and proposed systems in a safe, timely
manner.
g. The Engineer shall coordinate with the City's designated
instrumentation and control (I&C) contractor, to facilitate the
integration of the proposed I&C systems into the existing
supervisory control and data acquisition (SCADA) system at the
site. As part of the design, the Engineer will develop a detailed
process flow diagram of the proposed disinfection system I&C
components. The process flow diagram shall also specify the
operational control sequence of all specified components. The
use of the City's I&C contractor will reduce any ambiguity and
allow the City to maintain a single point of contact with regards
to the modification of the existing SCADA system at the site.
Furthermore, it will afford the City some price protection by
allowing the City to complete this portion of the work under
previously negotiated rates.
h. Submit a set of plans and specifications to the City at the 60%
and 90% completion levels for review and comment. Upon
receipt of any comments from the City, the Engineer will meet
with the City, as necessary, to address any comments prior to
revising the plans and specifications. Engineer shall provide an
estimate of probable cost with each progressive milestone.
PRELIMINARY LIST OF DRAWINGS
Sheet Title
Cover Sheet
Existing Site Plan
Proposed Sodium Hypochlorite Disinfection Systems Flow Diagram
Existing Gaseous Chlorine Building Demolition Plan
Existing Gaseous Chlorine Storage Building Caustic Scrubber System Demolition Plan
Proposed Sodium Hypochlorite Feed Piping Plan
Proposed Sodium Hypochlorite Bulk Storage Facilities Mechanical Plan
Proposed Sodium Hypochlorite Bulk Storage Facilities Mechanical Section
Proposed Sodium Hypochlorite Chemical Metering System Room Mechanical Plan
Proposed Sodium Hypochlorite Chemical Metering System Room Mechanical Section
Proposed Sodium Hypochlorite Process and Instrumentation Diagram
Mechanical Details
Page 3 of7
PRELIMINARY DESIGN CRITERIA
Average Daily Flow (ADF):
Assumed Peaking Factor from MaR's
Maximum Daily Flow (MDF):
Average Sodium Hypochlorite Dose:
Average Sodium Hypochlorite Usage:
Maximum Sodium Hypochlorite Usage:
Maximum Sodium Hypochlorite Usage:
Number of Chlorine Dosing Points:
Preliminary Bulk Storage Volume:
Bulk Storage Tank Material:
Preliminary Chemical Metering Pumps:
Type of Chemical Metering Pumps:
10 MGD
1.5
16 MGD
12-16 mg/L
100-135 gaI./MG finished water
21 mg/L
175 gal./MG finished water
2 ("Pre" and "Post")
(2) - 7,500 gallon tanks
Dual-walled polyethylene
6 (Four duty/two standby)
Continuous Duty- Diaphragm
Task 2 - Permitting
The proposed modifications will require the preparation and submittal of a minor
modification to the existing Florida Department of Environmental Protection (FDEP)
operating permit at the East WTP. At the 90% completion level, ARCADIS will
prepare for City review and approval all the necessary FDEP permit application
documentation for the Palm Beach County Health Department (PBCHD). Once the
City has accepted the 90% design and permit application packages, the Engineer will
submit the permit modification to the PBCHD. The engineer will act as the Client's
liaison during the permitting process.
Once the FDEPIPBCHD permit has been received, the Engineer shall proceed \-vith the
100% design documents including all drawings and technical specifications required
for bidding and subsequent construction.
Task 3 - Bid Phase Services
The Engineer will follow the City guidelines for the bidding phase services. This shall
include the following:
a. The Engineer shall distribute plan sets to the prospective
bidders. The cost for production of the contract documents will
be borne by the prospective bidders through purchase of the
construction documents from the Engineer. The Engineer shall
maintain records of the plan holders list and provide a copy of
the list to the City on a weekly basis.
b. The Engineer shall provide document mailing and pre-bid
services, such as maintaining plan holder's list, answering
questions from potential bidders, and providing technical
Page 4 of7
support to the City for Contract Documents addenda;
addenda will be issued by Procurement Services for the
City.
c. The Engineer will provide response to technical questions from
prospective bidders and suppliers and provide technical
information to the City for addenda that will be issued by
Procurement Services as appropriate. Technical information for
up to three addenda is assumed in the budget for Bid Phase
Services.
d. The Engineer shall review bid packages received, prepare bid
tabulation sheet and due diligence form and recommend award.
e. The Engineer shall assist the City in conforming and preparing
the Contract Documents for execution by the City selected
Contractor.
f. The Engineer shall issue integrated conformed sets of Contract
Documents including, the Schedule of Bid Items, the Contract,
and the General Conditions for Construction, Technical
Specifications and project construction drawings. Supply two
(2) sets of Conformed Contract Documents and electronic
drawings for the City and awarded contractor.
Task 4 - Construction Phase Services
The Engineer shall provide engineering services during all phases of construction for
the conversion of the existing disinfection system from gaseous chlorine to sodium
hypochlorite. The Engineer shall provide technical assistance to the Contractor
selected by the City to ensure the proper installation of all proposed systems in
accordance with the Contract Documents. Upon completion of the construction
activities the Engineer will prepare Record Drawings accurately depicting the
construction details of the proposed systems. The Engineer shall submit these
drawings to the PBCHD, to verify/certify completion of the proposed modifications to
the existing operating permit in accordance with the previously submitted plans.
Task 5 - Building Department Permit Assistance
The Engineer shall provide assistance to the City to secure the necessary building
permits required by the City of Boynton Beach to complete the proposed remodeling
tasks within the east filter bay at the City's East WTP site.
Page 5 of7
C. Assumptions
The above scope is predicated on the assumption that the City shall furnish, at no cost
to the Engineer, all available pertinent information including previous reports, plans,
specifications, permits and other data relevant to the performance of the above services
for the project. In addition, the City shall designate, in writing, a person to act as the
representative for services performed under this agreement. The Engineer also
assumes the following:
1. The City will be responsible for making provisions for construction.
2. The 90% preliminary plans shall be prepared to be able to secure an FDEP
permit and may not include the necessary detail needed for construction.
D. Contract Reference
This Task Order shall be performed under the terms and conditions described within
the Agreement for General Engineering Consulting Services dated November 18, 2005
between the City of Boynton Beach and ARCADIS U.S., Inc.
E. Additional Services
If services are required in the performance of the above scope of services, beyond
those normally provided by the Engineer, which must be sublet, the Engineer shall
order the work after obtaining written authorization from the City. If the Engineer is
requested to subcontract any work directly than a 10% markup will be applied to the
subcontractor invoice for coordination services provided by the Engineer.
F. Obligations of the City
The following specific information and/or items shall be furnished at no cost to the
Engineer:
1. Data prepared by or services by others including, but not limited to, all
pertinent Record Drawings of the existing gaseous chlorine disinfection system
which were completed as part of any previous expansion.
2. All permit application and government inspection fees.
3. The City shall be responsible for designating an I&C contractor for the
integration of the instrumentation and control systems provided in the final
design into the SCADA system at the East WTP.
Page 6 of7
G. FEES
The fees for this work will be per task as follows:
I Engineering Services
i Task 1 -Design $39,338 I 0
Task 2 - Permitting 0 $3,804 ,
I
Task 3 - Bid Phase Services $4,148 0
! Task 4 - Construction Phase Services 0 $17,512
Task 5 - Building Permit Submittal Assistance 0 $2,832 1
i
TOTALS $43,486.00 $24,148.00
Lump Sum
T&M
H. Schedule
The completion dates for this work will be as follows (starting at written NTP).
I En2ineerin2: Services Time per Phase Cumulative Time
Task 1 -Design I 2 month 2 month ,
i
Task 2 - Permitting 2 months I 3 months
Task 3 - Bid Phase Services & City Award 2 month , Smonths
! I
Task 4 - Construction Phase Services 4 month I 9 months
Task 5 - Building Permit Submittal Assistance NA i NA I
APPROVED BY:
CITY OF BOYNTON BEACH
By:
Kurt Bressner, City Manager
Dated this
day of
,2007
SUBMITTED BY:
ARCADIS U.S., INC.
------ /
By: / kc-rncA-::? L ;,:-..----J-2..;--.<'...-4.
Thomas L. Tessier, P.G., Vice President
Dated this 3 C
A ~)~-, L
..~/
.2007
By:
Dated this ~ [)
day of
/tp /; /
,2007
Page70f7
VI.-CONSENT AGENDA
ITEM C.2.
CITY OF BOYNTON BEACH REVISED
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 17, 2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon)
D May I, 2007 April 16,2007 (Noon) [gJ July 3, 2007 June 18,2007 (Noon)
D May IS, 2007 April 30, 2007 (Noon) D July 17,2007 July 2, 2007 (Noon)
D June 5, 2007 May 14, 2007 (Noon) D August 7, 2007 July 16,2007 (Noon)
NATURE OF
AGENDA ITEM
D
D
[gJ
D
D
Announcements/Presentations
Administrative
Consent Agenda
Legal
Unfinished Business
C')
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RECOMMENDATION: Please place this request on the July 3, 2007 City Commission Agenda un.~r Sq~rs~nt
Agenda, as a resolution to consider the request from Metro PCS to co-locate on the existing telecommunications tower a@Ie
Public Works Compound (222 NE 9th Avenue). Staff recommends that this request be approved thereby allowing the co-
location within the existing lease parcel to accommodate Metro PCS equipment, and avoiding the current need for an
additional tower in the immediate area.
Code Compliance & Legal Settlements
Public Hearing
D
D
[gJ
D
D
o
City Manager's Report ~
New Business ~
Ul
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EXPLANATION: Property has been leased from the City by Sprint Spectrum since August of 1996 for a
telecommunications tower. The original lease agreement for the site requires the City to approve additional tenants (co-
locators) and their changes to the site, including additional ground equipment. Metro PCS is proposing to co-locate at 85 feet
on the tower, and will be the 4th carrier/user on the tower, which is designed for 130 mph windloads. All ground equipment
for the proposed Metro PCS co-location will be contained within the existing fenced tower lease area and will comply with
required setbacks. If approved, Metro PCS would then pursue all necessary building permits for the co-location.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
~
City Manager's Signature
Assistant to City Manager C1n1./'
~ / ~
.Iv .
Planning -a~~ ing Director
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
II
1
2
3
4
5
6
7
8
9
10
11
12
13 and
14
RESOLUTION NO. R07-0"~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
EXECUTION OF A REQUEST FROM METRO PCS TO CO-
LOCATE ON THE EXISTING TELECOMMUNICATIONS
TOWER AT THE PUBLIC WORKS COMPOUND
LOCATED AT 222 NE 9TH AVENUE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the property has been leased since 1996 for a telecommunications tower;
WHEREAS, Metro PCS has requested that it be permitted to co-locate on the subject
15 telecommunication tower and site; and
16 WHEREAS, Section 10 of the Lease Agreement requires that the City consent, in
17 writing, to any request for collocation; and
18
WHEREAS, collocation IS encouraged to prevent the proliferation of
19 telecommunications towers in the City of Boynton Beach; and
20 WHEREAS, there will be no increase in the leased premises area; and
21 WHEREAS, staff has reviewed the request for collocation and recommends that the
22 City consent to the request.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
25
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28
Section 2.
The City Commission of the City of Boynton Beach, Florida does
S:\CA\RESOlAgreements\Metro pes Co-locate - telecommunlcations.doc
II
hereby authorize execution of the request for collocation between the City of Boynton Beach
2 and Metro PCS, consenting to collocating on the telecommunications tower located at 222
3 N.E. 9th Avenue, Boynton Beach.
4
Section 3.
This Resolution shall take effect immediately upon passage.
5
6 PASSED AND ADOPTED this _ day of July, 2007.
7
8 CITY OF BOYNTON BEACH, FLORIDA
9
10
11 Mayor - Jerry Taylor
12
13
14 Vice Mayor - Jose Rodriguez
15
16
17 Commissioner - Ronald Weiland
18
19
20 Commissioner - Mack McCray
21
22
23 Commissioner - Carl McKoy
24 ATTEST:
25
26
27
28 Janet M. Prainito, City Clerk
29
30
31
32 (Corporate Seal)
S:\CA\RESOlAgreements\Metro pcs Co-locate - telecommunications.doc
~i CROWN
\ . ',C. i! .'
\,....; \,) ILL
INTERNATIONAL
1000 Windward Concourse
Suite 500
A1pharetta, OA 30005
Tel 678.366.1220
Fax 678.366.8099
WWW.crowncastle.com
Ro 7 _oC-c,
April 27. 2007
Sent DHL
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach. FL 33425
RE: Tower located at 222 NE 9th Avenue, Boynton Beach, FL, Crown BU# 878211 App # 38079 (Metro PCS)
To Whom It May Concern::
In accordance with the terms and conditions of the lease between City of Boynton Beach as 'City"
and Sprint Spectrum LP as "T enanf we are required to secure your consent prior to collocating an additional
carrier on the telecommunications facility referred to above.
Your consent will allow a carrier to collocate on an existing facility and eliminate the need for an
additional tower in the immediate area. We believe adding another carrier to this existing facility is in the
best interest of the community.
Additional antennas will be added to the existing facility and associated equipment will be installed
within the existing leased area.
Please indicate your consent by executing this letter where indicated below and returning a signed
copy to me in the enclosed, DHL package. Please note that your consent cannot be unreasonably withheld
or delayed. Your prompt attention to this request would be greatly appreciated.
If you have any questions, please contact me via emall at Iinda.picardi@crowncastle.com or phone
at 678-366-1235
Sincerely.
~~i:~::. 00/
~ icardi
Property Specialist
City of Boynton Beach
Agreed and accepted this _ day of
,2007.
~\"'YOJ>.
, ----.
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"ON ""
VI.-CONSENT AGENDA
ITEM C.3.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon)
0 May I, 2007 April 16,2007 (Noon) [8J July 3, 2007 June 18,2007 (Noon)
0 May 15,2007 April 30, 2007 (Noon) 0 July 17, 2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16, 2007 (Noon)
0 AnnouncementslPresentati ons 0 City Manager's Report ,,-........
"
NA TURE OF 0 Administrative 0 New Business "
"'----
AGENDA ITEM [8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business :::-')
0 Public Hearing 0
RECOMMENDATION: --..
Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with TQfii and:,
Lisa Rispoli for the property located at 3901 89th Road South, Boynton Beach, FL 33436 '-, . .':
EXPLANATION:
The parcel covered by this agreement includes a singe-family home located in an unincorporated portion of the City's
utility service area. Only potable water is available for connection to the property at this time due to recent water
main improvements associated with the widening of Lawrence Road.
PROGRAM IMPACT:
None. The water main already exists, and the property owner will be responsible for extending a plumbing line to the
proposed meter.
FISCAL IMPACT:
None
AL TERNA TIVES:
None. This parc~within the City's utility service area.
4~~~~
Department Head's Signature
)
~C'~M 'So
Ity anager signature
Assistant to City Manager ~
UTILITIES
Department Name
City Attorney / Finance
XC: ~peter Mazzella (w/copy of attachment)
City Attorney "
File
S:\BULLETTN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE
8 CITY OF BOYNTON BEACH AND TOM AND LISA
9 RISPOLI; PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, located at 3901 89th Road South, Boynton Beach, Florida; and
14 WHEREAS, the parcel covered by this agreement includes a single-family home
15 located in the unincorporated portion of the City's utility service area; and
16 WHEREAS, a water distribution main is already existing allowing for the service to
17 this parcel; and
18 WHEREAS, no additional construction will be required by the City to serve this
19 property.
20 .. NO'''', THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25
Section 2.
The City Commission hereby authorizes and directs the City Manager
26 to execute a Water Service Agreement between the City of Boynton Beach, Florida and Tom
27 and Lisa Rispoli, which Agreement is attached hereto as Exhibit "A".
28
Section 3.
This Resolution shall become effective immediately upon passage.
S:ICA\RESOIAgreementsIWater ServlcelRispoli Water Service i\greement.doc
I!
I,
II
1
2
3 PASSED AND ADOPTED this _ day of July, 2007.
4
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
8
9
10 Mayor - Jerry Taylor
11
12
13 Vice Mayor - Jose Rodriguez
14
15
16 Commissioner - Ronald Weiland
17
18
19 Commissioner - Mack McCray
20
21
22 Commissioner - Carl McKoy
23 Attest:
24
25
26
27 Janet M. Prainito, City Clerk
28
29
30 (Corporate Seal)
S:\CA\RESO\Agreements\Water Service\Rispoli Water Service Agreement.doc
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREE~NT made on this 1e,~daY of f\I\. Pdl-c. '^ , 200 ~ by and between
\O"^ I L-r SA {2.f-5 fDl ( hereinafter called the "Customer", and the
CITY OFEOYNTON BEACH, a munIcIpal corporatIOn of the State of Florida, hereinafter called
the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits ofthe City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS,.the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdictional limits on annexation of the property to be serviced into the City
at the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are .1... Equivalent Residential
Connections which-City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
1
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in connection with water service outside the City limits applicable under City Ordinances and rate..
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute' and deliver to the City an
Irrevocable Special Power of Attorney granting to the City the power and authority to execute and
advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it
shall cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option of the City at any
time the property is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
cons!itute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney n'or constitute a diminution or lack of consideration.
2
9. Annexation is intended to be and is hereby made a covenant running with the land
described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be
recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent
transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors
and assigns.
10. It is agreed that the City shall have no liability in the event there is a reduction,
impairment or termination in water service to be provided under this Agreement due to any
prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the
event there is a reduction, impairment or termination of water service due to acts of God, accidents,
strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the
City's reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and
agents (Both in their individual and official capacities) from and against all claims, damages, law
suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in
connection with post judgment collection) and costs rising out of or resulting from the Customer's
obligation under or performance pursuant to this Agreement including disputes for breach of
warranty of title.
12. No a,dditional agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to be bound thereby.
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
IN WlTNESS WHEREOF, the parties hereto have set their hands and seals this Ib"""" -day of
M ~a.(...'" , 2002.
WITNESS: ~
0~e51), &-
Witness Signature ..
~~M.~S \) .TOf2D
Printed Witness Name
~?~~
Wi ess Signature
,-t,/A./D# b. h~b
Printed Witness Name
INDIVIDUAL(S) AS OWNER(S):
~ --~
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""~er ignature ,-
10"" 'R \$ POL-',
Printed Owner Name
W t 1- ,,\\8'5$:
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Witness Signature
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Printed Witness Name
~~O.c
i ss Signature
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Owner Signature . '-)
L-l5A e.'SPOLI:"
Printed Owner Name
.L/A./p~ ~. h~
Printed Witness Name
VI I \-"'-~ !
~~
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FOR INDIVIDUAL (S) NOT ARIZA TION:
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that ~n this day, before me, an officer du1y authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
~D 1Y\ (l,{? Po 1,'1: ~ r> ,-,S I>r at s POL-:r:- to me known to be the
person(s) described in and who executed the foregoing instrwnent that he/she acknowledged before
me that he/she executed the same; that the individual was personally known to me or provided the
following proof of identification:
WITNESS my hand and official seal in the County and State last aforesaid this IB t!J..dayof
-M ~ , 2 o OS:-
(No.) James D. Ford
. \ MY CCM.ISSION I DD2d8.463 EllPlRES
~ . November 1&. 2007
r" IONI.lID THIIJ 'IIOV ~AIN INIUllANCf.INC
~~e5l)~~
Notary Public
VlITNESS:
CITY OF BOYNTON BEACH, FLORIDA
Kurt Bressner, City Manager
A TrEST:
City Clerk
4
ST ATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer du1y authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
, City Manager and , City Clerk
respectively, of the City named in the foregoing agreement and that they severally acknowledged
executing same in the presence of two subscribing witnesses freely and voluntarily under authority
duly vested in them by said City and that the City seal affixed thereto is the true corporate seal
affixed thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this
,200_.
day of
(Notary Seal)
Notary Public
Approved as to form:
City Attorney
s
THIS INSTRUMENT PREPARED BY:
James A. Cherof. Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale. FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF Vo.\,,^ ~~~
IM/e, TOM ~(SpDI," /(fA.'() LISA- ~/ hereinafter "Grantee", hereby
make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole
purpose of executing on behalf of Grantee the power to initiate, maintain, and complete
a voluntary petition for annexation of the real property described herein into the CITY
OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH
full and complete authority to act on Grantee's behalf to accomplish annexation by any
avanable means. The real property which is the subject of this power is described as
follows:
00 If') tis,,.. 00. OVe.) 71/)()
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the le~ day of
Mw'r2.e..h. , 20Mand the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the I'~ ~
day of M ~vz.c..~ , in the year two thousand and ~l u'<i..-.
Sealed and delivered in the presence of
~~E";, 1) ~fL
Witness Signature
,\ ~'N\ES 1). \="Of21)
Printed Witness Name
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Owner Signature
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Printed Owner Name
L/:.uM ~. h~
Printed Witness Name
w~:
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Owner Signature
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Wi~i:~~~ 1). ~~
Printed Witness Name
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Wit ss Signature
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PrinteaWitness Name
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Printed Owner Name
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w It-f)e~.s ? /rr'JPr\lJeE-
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) ss:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowledged before me this IB-f\:> day
of -,,^~ul-+ , 20.QS:., by ""-D~ r'Ll?()OL.."'C and
Ll'5> Po Q..t.::; Po (....~ , who are known to me or who have produced
, as identification and who did/did not n oath.
2)~ -:P,
NOTARY PUBLIC
~ PrTi., ~. r\Pr\t\6S
pe.l ~.rreo \)J l-\ne~s "AA\~
STATE OF FLORIDA
Type or Print Na
Commission No.
NoYembef 18, 2007
eoIIIlED 'lHRUl1lCl'I' FAIN IlIUIAIlQ, ~
My Commission Expires:
POA.IND
Palm Beach County Property Appraiser Property Search System
Page 1 of 1
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. I'operty Information
Location Address: 3901 89TH RD S
'~,MaDk0~ I
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-18-00-000-7100
Subdivision:
Official Records Book: 11317 Page: 1938 Sale Date: Aug-1999
L,egat DescriptiQI1: 18-45-43, S 220 FT OF E 90 FT OF WLY 601.10 FT OF SW 1/4 OF SW
1/4
Owner Information
Name: RISPOLI THOMAS E
Ik,;~l,;,QvmerLp,'""1
Mailing Address: 3900 89TH RD S
BOYNTON BEACH FL 33436 2402
Sales Information
Sales Date Book/Page
Aug-1999 11317/1938
Dec-1991 070Z0/1911
Dec-1980 0343Z/1608
Price S~!JgIVJ),e Owner
$156,500 WARRANTY DEED RISPOLI THOMAS E
$95,000 WARRANTY DEED
$40,000 WARRANTY DEED
I Exemptions
Regular Homestead: $25,000
Total: $25,000
Year of Exemption: 2006
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Tax Year 2006
Number of Units: 1
*Total Square Feet: 2712
Acres: 0.46
!.,Jsec::oge: 0100
Description: RESIDENTIAL
* in residential properties may indicate living area.
A
d
dT
bl V I
ssesse an axa e a ues
Tax Year: 2006 ~005 2004
Assessed Value: $156,24 $151,691 $147.273 Ilj.~UAlrt!h~ILI
Exemption Amount: $25,001 $25,00C $25.000
Taxable Value: $131,24 $126,691 $122,273
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2006 2005 2004
$2,396 $2,414 $2,385
$297 $276 $224
$2 693 $2.690 $2.609
12~1I~.tillil,1
1"'";~"~~,M;ml
Tax Collector WebSite
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NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the
detail on one page.
R~CQrdS~ar(:h I Ex~mpt'OI1J.;,fil~ I IDfQrm~tiQn I Exemptions ICO!llrr}unity IEmploYm~Dt I NjCwHom~.i:\lJY_e[ I Qffi~g.~Q(:~tIOI1$
V~llJ~ AdJu$tm~nLJ\Q~[q I S~Y~QurHom~s I Senior. C:orn~[ I P,s~I~'mer
Home I ~inks I Glo$$~ry I Ef<Q I rQrm5 I Contg(;t l.J$ I Pf<PA
(0) 2004 Palm B~ach County Property Appra'5er.
http://www.co.palm-beach.f1.us/papa/aspxJweb/detail_info.aspx?p _ entity=004345180000071 OO&geonav=...
6/7/2007
Structural Detail
Page 1
~~1J~,ry<xr~1'T~""~'" -' ,- ,
~ ! t '\.. t ~ I f r '
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~-'r,j
Owner Name:
PCN Number:
RISPOLI THOMAS E
00-43-45-18-00-000-7100
Building Structural Data and Drawing are for the Current Tax Roll.
BUILDINGl
Structural Element for Building 1
1. Exterior Wall 1
2. Year 8uilt
3. Air Condition Desc.
4. Heat Type
5. Heat Fuel
6. Bed Rooms
7. Full Baths
8. Half Baths
9. Exterior Wall 2
10. Roof Structure
11. Roof Cover
12. Interior Wall 1
13. Interior Wall 2
14. Floor Type 1
15. Floor Type 2
16. Stories
Extra Feature
~::i:iPtionl:~~~ BUiltl~;~ts
UTILITY BUILDING 1979 80
POOL - IN-GROUND 2000 78
Screen Enclosure 2000 2331
Unit may represent the perimeter, square footage, linear footage, total number or other
measurement of the feature depending on the feature described.
Detailed Land Information
Land Line # Description
1. SFR
WOOD SIDING
1979
HTG & AC
FORCED AIR DUCT
ELECTRIC
o
2
o
N/A
GABLE/HIP
ASPH/COMP. SHG.
DRYWALL
N/A
WOOD FINE/SOFT
N/A
2
Subarea and Sq. Footage for Building 1
No. Code Description Sq. Footage
1. BAS BASE AREA 1523
FSP FINISHED
2. SCREENED PORCH 88
FOP FINISHED OPEN 546
3. PORCH
4. BAS BASE AREA 555
Total Square Footage: 2712
Total Area Under Air: 2078
1~1liil.l<\.~\U#l:fij
II
Zoning
AR
Units
1
Acres
o
Record S"areh I ExemptlonE~Fil" I Information I Ex"mptiOOS I <::ommtlnity I E:mploymeOt Il\iew Home Buyer I Office Lo::atloIE
Value AcJJustJ:nent Board I Save Ow Homes I Senior <::orm~r I Qisdilimc1
Home I links I Glossary I FAQ I Forms I Contact lJs I PAPA
@ 2004 Paim Beaell County Property Appraiser.
http://www.co.palm-beach.f1.us/papaJaspx/web/detail_inf02.aSpX?p _ entity=004345180000071 OO&Owner _'" 6/7 12007
Gary R. Nikolits,CF A
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Owner Information
peN: 00434518000007100
Name: RISPOLI THOMAS E
location: 390189TH RD S
Mailing: 3900 89TH RD S
BOYNTON BEACH FL 33436
2402
Appraisal Value
Market Value:
Assessed Value:
Exempt Amnt:
Taxable:
Tax Value
Ad Valorem:
Non ad valorem:
Total:
Sales Information
Sa'esQate
Aug-1999
Dec-1991
Dec-1980
Jan-1973
Palm Beach County Property Map
Map Scale 1 :3596
http:// giswe b.co. palm- beach. fl. us/ipapagis/presentation/mapping/printnew .asp ?MAPURL= http://gisweb.co.... 617/2007
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7060
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All Owner
Page] (l
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peN Number:
00-43-45-18-00-000-7100
Owner Names
RISPOLI LISA P
RISPOLI THOMAS E
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VI.-CONSENT AGENDA
ITEM C.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting. Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 17,2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon)
D May I, 2007 April] 6, 2007 (Noon) C8J July 3, 2007 June 18,2007 (Noon)
D May 15,2007 April 30, 2007 (Noon) D July 17, 2007 July 2, 2007 (Noon)
D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon)
D AnnouncementslPresentati ons D City Manager's Report --'
'.
NA TURE OF D Administrative D New Business c_
AGENDA ITEM ~. ,J
C8J Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business -
D Public Hearing D :::;~
RECOMMENDATION: -.l ,
Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with J,:;,Carill
and Dennis Brandyberry for the property located at 3926 89th Road South, Boynton Beach, FL 33436 (3<
EXPLANATION:
The parcel covered by this agreement includes a singe-family home located in an unincorporated portion of the City's
utility service area. Only potable water is available for connection to the property at this time due to recent water
main improvements associated with the widening of Lawrence Road.
PROGRAM IMPACT:
None. The water main is already existing, and the property owner will be responsible for extending a plumbing line to
the proposed meter.
FISCAL IMPACT:
None
ALTERNATIVES:
Noo,. Thi, p",,' i, ~n th, City" oWily "",ioo a....
Nt~~Q
Department Head's Signature
~
City Manager's Signature
Assistant to City Manager CJn(..J
UTILITIES
Department Name
City Attorney / Finance
XC: 0r/Peter Mazzella (w/copy of attachment)
City Attorney "
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE
8 CITY OF BOYNTON BEACH AND CAROL AND
9 DENNIS BRANDYBERRY; PROVIDING AN
10 EFFECTIVE DATE.
11
12
13 WHEREAS, the subject property is located outside of the City limits. but within our
14 water and sewer service area, located at 3926 89th Road South, Boynton Beach, Florida; and
15 WHEREAS, the parcel covered by this agreement includes a single-family home
16 located in the unincorporated portion of the City's utility service area; and
17 WHEREAS, a water distribution main is already existing allowing for the service to
18 this parcel; and
19 WHEREAS, no additional construction will be required by the City to serve this
20 property.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26
Section 2.
The City Commission hereby authorizes and directs the City Manager
27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and Carol
28 and Dennis Brandyberry, which Agreement is attached hereto as Exhibit "A".
29
Section 3.
This Resolution shall become effective immediately upon passage.
30
31
S.\CA \RESO\Agreements\Water Service\Brandyberry Water Service Agreement.doc
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6
7
8
9
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I r
I
I
I PASSED AND ADOPTED this _ day of July, 2007.
!
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
Attest:
Janet M. Prainito, City Clerk
(Corporate Seal)
S:\CA \RESO\Agreements\ Water Service\Brandyberry Water Service Agreement.doc
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
r~
lOJ@@@OW&@
MAR 2 8 2005
80YNToNBfACH U7IlfflES
L,
C PttJ.OL
Prv...'D
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this I S ~ay of ~ 1>rr2- c...h. ,2002, by and between
1>~ V\ t\" \ S ,\?iA-Y\ 'D'-l 'oE;Q...l2.... \f hereinafter called the "Customer", and the
CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called
the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS,the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside 'Of its jurisdictional limits on annexation of the property to be serviced into the City
at the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (ExhibitA)
2. The Customer and the City hereby agree that there are ~Equivalent Residential
Connections which-City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
1
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service_to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in connection with water service outside the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an
Irrevocable Special Power of Attorney granting to the City the power and authority to execute and
advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it
shall cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option of the City at any
time the property is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
cons!itute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
2
9. Annexation is intended to be and is hereby made a covenant rwming with the land
descri bed in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be
recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent
transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors
and assigns.
10. It is agreed that the City shall have no liability in the event there is a reduction,
impairment or termination in water service to be provided under this Agreement due to any
prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the
event there is a reduction, impairment or termination of water service due to acts of God, accidents,
strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the
City's reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold hannless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and
agents (Both in their individual and official capacities) from and against all claims, damages, law
suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in
connection with post judgment collection) and costs rising out of or resulting from the Customer's
obligation under or performance pursuant to this Agreement including disputes for breach of
warranty oftitle.
12. No additional agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to be bound thereby.
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this It; ~day of
tJ\~Q..c...H ,2005.
WISE~e~ ~~~
Witness Signature .. 0 er igna e
r~ \\\J\1C:S ~. fOfLD DEww/s i 6~NhV&-~!)V
Printed Witness Name Printed OwnelName'
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Printed Witness N
~
FOR INDIVIDUAL (S) NOT ARIZA TION:
-- ....."'. ~ James D. Ford
I~ ~ MY COMMISSION' 00268463 EXJlIRB
: . November 11, 2007
IONIlID T*1ROY PAIN INIWHCI, INC.
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that <;m this day, before me, an officer duly authorized in the State
\ aforesaid and in the County aforesaid to take acknowledgments, personally appeared
..J"'tveol i:. \)tC::.V\t'\\ ~ ~. -e,a..A-1f\.Q'-l "Be1u2.-'-l to me knoWn to be the
J person(s) described in and who executed the foregoing instrument that he/she ~knowledged before
me that he/she executed the same; that the individual wa@rsonally known 10 m~r provided the
following proof of identification: ?E.tl.SOl'\. Jl-.\ ~ ~"~UJ"'" {-o M~
WITNESS my hand and official seal in the County and State last aforesaid this I B ~y of
M~Q..c...~ ,2005
(D:.\ ~~~.!~:~1'~.':" ~ EXPIRES
.,,! I '1':rnber18, 2007
t/I';"'" ~"~.'. .11 TROVFAlNINIUIAHCf.INC
'lttuTl'
0~s D~L
Notary Public
\VITNESS:
CITY OF BOYNTON BEACH, FLORIDA
Kurt Bressner, City Manager
ATTEST:
City Clerk
4
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
, City Manager and , City Clerk
respectively, of the City named in the foregoing agreement and that they severally acknowledged
executing same in the presence of two subscribing witnesses freely and voluntarily under authority
duly vested in them by said City and that the City seal affixed thereto is the true corporate seal
affixed thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this
.200_.
day of
(N otary Seal)
Notary Public
Approved as to form:
City Attorney
5
IN WITNESS WHEREOF. we have hereunto set our hands and seals the
day of _Mf)('2.c...w . in the year two thousand and -1- r ~ .
(s~
Owo~~
~,,/S -:r: PA~Y~~
Printed Owner Nam
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Printed Witness Name
~~~
tness Signatur . , Owner Signature
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Printed Witness Name Printed Owner Name
~~
Itness tgnature
-Z~.e#RIJe7/e -r:-;3t#/c#'~
Printed Witness Name
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknpwledge before me this '8~day
of ~. 20.t:!!L by i .JA~~S ~ and
L. C AQ.() '--(;0 ~ 'oi...t2.Q..4-. who are knoWn to me or wh have produced
} . as identification and who did/did not take an oath.
0~e-s 1) t ~L_.
NOTARY PUBLIC
Type or Print N
:
Commission No
MYeot.NSSlON, DD2dI465 Ex..
Nov8mber'~ 2007
My Commission Expires:
POA.IND
Palm Beach County Property Appraiser Property Search System
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Property Information
location Address: 3926 89TH RD S
I '22.w~4Man~~. I
fWl'o - >J!i,
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-18-00-000-7080
Subdivision:
Official Records Book: Page: Sale Date:
legal pE!scriptipn: 18-45-43, S 110 FT OF E 180 FT OF WlY 519.10 FT OF SW 1/4 OF SW
1/4
Owner Information
Name: BRANDYBERRY DENNIS J
I """,.~All..QW_1'C1I;""",,,1
Mailing Address: 3926 89TH RD S
BOYNTON BEACH FL 33436 2402
Sales Information
Sales Date Book/Page
Nov-1988 0587::l/0821
May-1985 04560/0302
Jun-1983 03986/1.713
Price
SCileTvpe
Owner
I'---'~i I
. .'lr'liM
$29,000 WARRANTY DEED
$5,000 WARRANTY DEED BRANDYBERRY DENNIS J
$100 QUIT CLAIM
Exemptions
Regular Homestead: $25,000
Total: $25,000
Year of Exemption: 2006
[' Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code: 0100
I ax Tear 2006
Number of Units: 1
*Total Square Feet: 4896
Acres: 0.4545
Description: RESIDENTIAL
* in residential properties may indicate living area.
I Assessed and Taxable Values
Tax Year: 2006 2005 I 2004 I
Assessed Value: $166,440 $148,476 $147,113 lili,striMbUll\l>!-ILiI
Exemption Amount: $25,000 $25,000 $25,000
Taxable Value: $141.440 $123.476 $122 113
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
Ij4"''nW CAIGl'-- ,I
I ... . n..,t"'" I
.w$~' '" # . ."'", . m,
2004
$2,382
224
$2 606
Tax Collector WebSite
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NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the
detail on one page.
Record Searcl1 I r:x~mplion E-File I InformatlQn I Exemptions I C0l11muQlty I r:111ployment I NeVI Home Buyer I Ofilce
Value AdJWstmE'l1tJ'IQqIQ I S"ve Qur HQm~s I senlQr Corner I Disclaimer
Home I Links I Glossary I FAQ I Forms I Contact Us I PAPA
2004 Palm Beach County Property Appraiser.
http://Vvww.co.palm-beach. fl. us/papalaspxlweb/detail~info.aspx?p _ entity=00434518000007080&geonav=,.,
6/7 /2007
Structural Detail
Page 1 of I
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. Home ~~;"*. '",~" ~ n
Owner Name: BRANDYBERRY DENNIS J
peN Number: 00-43-45-18-00-000-7080
Building Structural Data and Drawing are for the Current Tax Roll.
BUILDING 1 i!.
Structural Element for Building 1
WOOD FRM STUCCO /
HOLLOW TILE
1986
HTG & AC
FORCED AIR DUCT
ELECTRIC
3
2
o
N/A
GABLE/HIP
MODULAR MTL.
DRYWALL
N/A
CARPETING
CERAM/QARY TILE
2
1. Exterior Wall 1
2. Year Built
3. Air Condition Desc.
4. Heat Type
5. Heat Fuel
6. Bed Rooms
7. Full Baths
8. Half Baths
9. Exterior Wall 2
10. Roof Structure
11. Roof Cover
12. Interior Wall 1
13. Interior Wall 2
14. Floor Type 1
15. Floor Type 2
. Stories
Subarea and Sq. Footage for Building 1
No. Code Description Sq. Footage
1. BAS BASE AREA 800
2. BAS BASE AREA 140
3. FGR FINISHED GARAGE 660
UOP UNFINISHED OPEN 992
4. PORCH
FUS FINISHED UPPER 1600
5. STORY
UOP UNFINISHED OPEN 704
6. PORCH
Total Square Footage: 4896
Total Area Under Air: 2540
1t;\1iill{i8~d~i\tl
, Extra Feature
Description Year Built Units
Deck 1986
Unit may represent the perimeter, square footage, linear footage, total number or other
measurement of the feature depending on the feature described.
Detailed Land Information
Land Line # Description Zoning Units Acres
1. SFR AR 1 0
Land Line # Description Zoning Units Acres
2. SFR AR 1 0
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Vi:!lweAdiwstmentsoard I Si:!yeQwr Homes I SenioLC:9rner I Qisc1qimer
Home. I l,tnks I Glossqry I FAQ I Forms I conti:!Q:Ws I PAPA
@ 2004 Palm Beach County Property Appraiser.
http://www.co.palm-beach.f1.us/papalaspx/web/detail_inf02.aspx?p _ entity=00434518000007080&Owner _'" 61712007
All Owner
Page 1 l,f
All Owner(s)
peN Number:
00-43-45-18-00-000-7080
Owner Names
BRANDYBERRY DENNIS J
BRANDYBERRY LILLY C
I~
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1ttp://www.co.palm-beach.fl.us/papalaspx!web/allOwner.aspx?entity _id=004345l8000007080&Owner _Na... 6/7 12007
Gary R. Nikolits,CF A
Palm Beach County Property Appraiser
Property Mapping System
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C:=J Parcel BOllldary
~ Lot nurrber
0201
Page 1 of 1
Name: BRANDYBERRY DENNIS J
Location: 3926 89TH RD 5
Mailing: 3926 89TH RD 5
BOYNTON BEACH FL 33436
2402
Appraisal Value
Market Value:
Assessed Value:
Exempt Amnt:
Taxable:
Tax Value
Ad Valorem:
Non ad valorem:
Total:
Sales Information
SalesJ)a1;e
NoY-1988
May-1985
Jun-1983
Palm Beach County Property Map
Map Scale 1:3072
lI24!l
1I2lI1
11240
Map produeed on 6/7/2007 from PAPA
http://www.pbcgov.com/papa
http://gisweb.co. pa1m-beach.f1. us/ipapagis/presentation/mapping/printnew.asp?MAPURL=http:1 1 gisweb.co.... 6/7 12007
VI.-CONSENT AGENDA
ITEM C.S
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned Requested City Commission
in to City Clerk's Office Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
D April 17,2007
D May 1,2007
D May 15, 2007
o June 5, 2007
April 2, 2007 (Noon.) D June 19,2007
April 16,2007 (Noon) C8J July 3, 2007
April 30, 2007 (Noon) D July 17, 2007
May 14,2007 (Noon) D August 7, 2007
June 4, 2007 (Noon)
June 18, 2007 (Noon) ___
July 2, 2007 (Noon) cc:-:
July 16,2007 (Noon)
0 AnnouncementslPresentations D City Manager's Report _.'-~
"
NATURE OF D Administrative D New Business .- r;
AGENDA ITEM C8J D "
Consent Agenda Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDA TION:
Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with James and
Linda Ford for the property located at 3927 89th Road South, Boynton Beach, FL 33436
EXPLANATION:
The parcel covered by this agreement includes a singe-family home located in an unincorporated portion of the City's
utility service area. Only potable water is available for connection to the property at this time due to recent water
main improvements associated with the widening of Lawrence Road.
PROGRAM IMPACT:
None. The water main already exists, and the property owner will be responsible for extending a plumbing line to the
proposed meter.
FISCAL IMPACT:
None
'thin the City's utility service area.
~~ato"
Assistant to City Manager ()1vlJ
UTILITIES
Department Name
City Attorney / Finance
XC: ,>J Peter Mazzella (w/copy of attachment)
City Attorney "
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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RESOLUTION NO. R07-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
EXECUTION OF AN AGREEMENT FOR WATER
SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXA TION BETWEEN THE
CITY OF BOYNTON BEACH AND JAMES AND LINDA
FORD; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is located outside of the City limits, but within our
13
water and sewer service area, located at 3927 89th Road South, Boynton Beach, Florida; and
14
WHEREAS, the parcel covered by this agreement includes a single-family home
15
located in the unincorporated portion of the City's utility service area; and
16
WHEREAS, a water distribution main is already existing allowing for the service to
17
this parcel; and
18
WHEREAS, no additional construction will be required by the City to serve this
19
property.
"If\
L.V \.
NO\V, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25
Section 2.
The City Commission hereby authorizes and directs the City Manager
26 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
27 James and Linda Ford, which Agreement is attached hereto as Exhibit "A".
28
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO'Agreements\Water Service\Ford Water Service Agrcement.doc
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3 PASSED AND ADOPTED this _ day of July, 2007.
4
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6 CITY OF BOYNTON BEACH, FLORIDA
7
8
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10 Mayor - Jerry Taylor
11
12
13 Vice Mayor - Jose Rodriguez
14
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16 Commissioner - Ronald Weiland
17
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19 Commissioner - Mack McCray
20
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22 Commissioner - Carl McKoy
23 Attest:
24
25
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27 Janet M. Prainito, City Clerk
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30 (Corporate Seal)
S:\CA\RESO\Agreements\Water Service\Ford Water Service Agreement.doc
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THI SAG REEMENT made on this Ie> i'3.-day of M t\'tl.c...H- , 200 <' , by and between
0~~~ ttv\~ LUJOOr ~DQD hereinafter called the "Customer'l, and the
CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called
the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside 'of its jurisdictional limits on annexation of the property to be serviced into the City
at the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are i-lfEquivalent Residential
Connections which-City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor.
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customerls premises.
1
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in connection with water service outside the City limits applicable under City Ordinances and rate..
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute. and deliver to the City an
Irrevocable Special Power of Attorney granting to the City the power and authority to execute and
advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it
shall cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option of the City at any
time the property is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
cons~itute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
2
9. Annexation is intended to be and is hereby made a covenant running with the land
described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be
recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent
transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors
and assigns.
10. It is agreed that the City shall have no liability in the event there is a reduction,
impairment or termination in water service to be provided under this Agreement due to any
prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the
event there is a reduction, impairment or termination of water service due to acts of God, accidents,
strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the
City's reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and
agents (Both in their individual and official capacities) from and against all claims, damages, law
suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in
connection with post judgment collection) and costs rising out of or resulting from the Customer's
obligation under or performance pursuant to this Agreement including disputes for breach of
warranty of title.
12. No a,dditional agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to be bound thereby.
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 18 ij..dayof
tv\~il.~ ,2002....
~:~~~~
~itness Signat ..
H ~~o\ol L .131J\llC~f,*tf.,
Printed Witness Name
INDIVIDUAL(S) A~ER(S):
::JA-M~ 1) . ~~
Owner Signature
~\\ME~ 1>. 'fb~D
Printed Owner Name
~jG~
Witness Signature
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Printed Witness Name
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UW-itness Signature / 6;;e; -Sigbature. .
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Printed Witness Name Printed Owner Name
/J)K/~
Witness Signature
Atf..- ~. rrlf'll\eS
Printed Witness Name
FOR INDIVIDUAL (S) NOT ARIZA nON:
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that ~m this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
-..JAmes .f) . rot::'-[) oJ- l..-1rJC>A E.. rc)f2-v to me knoWn to be the
person(s) described in and who executed the foregoing instrument that he/she acknowledged before
me that he/she executed the same; that the individual was personally known to me or provided the
following proof of identification: I-rA/O/l. C)
WITNESS my hand and official seal in the County and State last aforesaid this /8~ day of
/J} /1 12 Ll ') ,200$
(Notary Seal)
"~';"'" JANffi M. CORRY
t.~'h.lff;f~ MY COMMISSION # 00 186443
\-,.\ ~.~E EXPIRES: March 23, 2007
"1.~'",'1l-'< BondedThru Notary PltJlic UnderNriters
, IIl'.Ift'"
WITNESS:
CITY OF BOYNTON BEACH, FLORIDA
Kurt Bressner, City Manager
ATTEST:
City Clerk
4
IN WITNESS WHEREOF, we have hereunto set our hands and seals the le,~
day of {V\1X/lC...\A-- ,in the year two thousand and +- \ J<L., .
Sealed and delivered in the presence of
-,.$--
~~c:, -n~~Q
Owner Signature
2J ~ M'tS D . ~(2..D
Printed Owner Name
itness Signature
HArwli L.13I~
Printed Witness Name
I)f~~
Witness Signature
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Printed Witness Name
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Printed Witness Name
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W'ifness Signature
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Printed Witness Name
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wne ignawffi r .
//'AJb4 ~ h~
Printed Owner Name
?5~~
Witness Signa ure
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowle~d before me this tet":1..uay
of -t-ACc-~ , 20,Q5:::, by JA-1Vl~ .......012-0 and
.--.L-I \,..)0 ~ FoQ.....o , who are known to me or who have produced
, as identification and who did/did not take an oath.
- Nr>T~~~BJi U<) l<r/
Type or Print Name
Commissi
My Commission Expires:
POA.IND
Palm :3each County Property Appraiser Property Search System
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- .. ' ,..:-' hl.>" · -:"~ioperfy Appraiser's p, olic Acc!'r'? Sntrm
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"'roperty Information
Location Address: 3927 89TH RD S
Municipality:
Parcel Control Number:
Subdivision:
Official Records Book:
Legal. Pes<::riptiQn:
[wner Information
Name:
Mailing Address:
r:;ales Information
Sales Date B...O.O. k. ..1. pac g. e.
Dec-1984 04431/0432
l~t~Y~.D:.:...;;..,1
UNINCORPORATED
00-43-45-18-00-000-7340
Page: Sale Date:
18-45-43, N 110 FT OF S 220 FT OF E 90 FT OF W 429 FT OF SEC
FORD lAMES 0 &. LINDA E
3927 89TH RD S
BOYNTON BEACH FL 33436 2401
Price SaleType Owner
$20,000 WARRANTY DEED
[Xemptions
Regular Homestead: $25,000
Total: $25,000
ssesse an axa e a ues
Tax Year: ~OO6 2005 2004
Assessed Value: $146.783 $142,508 $138,357 l.t~"I""~1
EXE~mption Amount: $25,000 $25 000 $25,000
Taxable Value: $121,783 5117 508 5113.357
ppraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code: 0100
A
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Tax Values
Tax Year:
Ad Valorem:
!Non Ad Valorem:
Total Tax:
Year of Exemption: 2006
Tax Year 2006
Number of Units: 1
*Total Square Feet: 2566
Acres: 0.2274
~004
$163 011
30 000
193 011
Description: RESIDENTIAL
* in residential properties may indicate living area.
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2211
224
$2,515 $2,435
Tax Collector WebSite
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Home I links I GIQSSill}' I FAQ I Forms Il::Qlltilg:l)S I PAPA
(c) 2004 Palm Beach County Property Appraiser.
http://www.co.palm-beach.f1.us/papa/aspx/web/detaiI_ info.aspx?p _ entity=004 34518000007340&geonav=...
617/2007
Structural Detail
Page 1 of 1
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Owner Name:
PCN Number:
FORD JAMES 0
00-43-45-18-00-000-7340
Building Structural Data and Drawing are for the Current Tax Roll.
BUILDlNGl
Structural Element for Building 1
1. Exterior Wall 1 BELOW AV
2. Year Built 1985
3. Air Condition Desc. HTG & AC
4. Heat Type FORCED AIR DUCT
5. Heat Fuel ELECTRIC
6. Bed Rooms 2
7. Full Baths 2
8. Half Baths 0
9. Exterior Wall 2 N/ A
10. Roof Structure GABLE/HIP
11. Roof Cover MODULAR MTL.
12. Interior Wall 1 DRYWALL
13. Interior Wall 2 N/ A
14. Floor Type 1 CARPETING
15. Floor Type 2 N/ A
16. Stories 2
Extra Feature
Description
GAZEBO- WOOD
Patio
POOL - IN-GROUND
Screen Enclosure
UTILITY BUILDING
Subarea and Sq. Footage for Building 1
No. Code Description Sq. Footage
1. BAS BASE AREA 1288
2. FGR FINISHED GARAGE 350
FOP FINISHED OPEN 184
3. PORCH
FUS FINISHED UPPER 744
4. STORY
Total Square Footage: 2566
Total Area Under Air: 2032
lill.......~A.......ii$w,::1
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2001
2001
2001
2001
2001
I~;~ts
1130
83
2282
960
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Unit may represent the perimeter, square footage, linear footage, total number or other
measurement of the feature depending on the feature described.
Detailed Land Information
Land Line # Description
1. SFR
o
Acres
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Record Seardl I Exemption F:File I lnformation I Exemptions I Community I EmploYment I New Home Buyer I Office
Value Adjustment board I Save Our Homes I Senior Corner I Disclaimer
Home I Links I Glossary I F AQ I Forms I Contact Us I PAI'I\
2004 Palm Beach County Property Appraiser.
http://www.co.palm-beach.t1.us/papalaspx/web/detail_inf02.aspx?p _ entity=00434518000007340&Owner_... 6/7 /2007
Gary R. Nikolits,CF A
Palm Beach County Property Appraiser
Property Mapping System
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Page 1 of I
Name: FORD lAMES 0 8r. UNOA E
location: 3927 89TH RO S
Mailing: 3927 89TH RO S
BOYNTON BEACH FL 33436
2401
Appraisal Value
Market Value:
Assessed Value:
Exempt Amnt:
Taxable:
Tax Value
Ad Valorem:
Non ad valorem:
Total:
Sales Information
Sales Date
Oec-1984
Palm Beach County Property Map
Map Scale 1:2351
c=J Parcef B omdary
~ lot nurrber
Map produced on 617/2007 from PAPA
hllp:/lwww.pbcgov.com/papa
http:// giswe b.co. pa1m- beach.fl. us/ipapagis/presentation!mapping/printnew.asp?MAPURL=http:1 1 giswe b.co.... 6/7/2007
VI.-CONSENT AGENDA
ITEM C.6.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
D April 17,2007 April 2, 2007 (Noon.) D
D May I, 2007 April 16,2007 (Noon) C8J
D May 15,2007 April 30, 2007 (Noon) D
D June 5, 2007 May 14, 2007 (Noon) D
June 19,2007 June 4,2007 (Noon)
July 3, 2007
July 17, 2007
August 7, 2007
NATURE OF
AGENDA ITEM
D Announcements/Presentations
D Administrative
C8J Consent Agenda
D Code Compliance & Legal Settlements
D Public Hearing
June 18. 2007 (Noon)
.- ,
July 2, 2007 (Noon) c:~) ':~~:~. ----I
.-
-._J ..--..l.......
July 16, 2007 (Noon)
(,n
D City Manager's Report
D New Business ~
10"..).
D Legal (J1 -.- ,
D Unfinished Business Ct, "! .--,
D
RECOMMENDA TION:
Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits The Journey
Community Church, Inc., located at 7648 High Ridge Road, Boynton Beach, FL 33463.
EXPLANATION:
The parcel covered by this agreement includes a singe lot with a church building in an unincorporated portion of the
City's utility service area. Water and sewer are accessible in adjoining rights-of-way or easements.
PROGRAM IMPACT:
None. The property owner will bear the cost of facilitating connections to the City's utility systems.
FISCAL IMP ACT:
None
AL TERNA TIVES:
None. .ThiS par:r;.el i~ it~;. th, Cily', ntmty '''',ice area.
I~~ . ~.~
l~t ~~- ~ ~\
-= ./
'J Department tread's Signa 'e -
UTILITIES
Department Name
U
City Ma~ature
Assistant to City Manager eM./"
City Attorney / Finance
xc: (lYPeter Mazzella (w/copy of attachment)
I City Attorney "
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE
8 CITY OF BOYNTON BEACH AND THE JOURNEY
9 COMMUNITY CHURCH; PROVIDING AN EFFECTIVE
10 DATE.
11
12
13 WHEREAS, the subject property is located outside of the City limits, but within our
14 water and sewer service area, located at 7648 High Ridge Road, Boynton Beach, Florida; and
15 WHEREAS, the parcel covered by this agreement includes a single lot with a church
16 building located in the unincorporated portion of the City's utility service area; and
17 WHEREAS, a water distribution main is already existing allowing for the service to
18 this parcel; and
19 WHEREAS, no additional construction will be required by the City to serve this
20 property.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26
Section 2.
The City Commission hereby authorizes and directs the City Manager
27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and The
28 Journey Community Church, which Agreement is attached hereto as Exhibit "A".
29
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\Water Service\Joumey Church Water Service Agreement.doc
1
2
3 PASSED AND ADOPTED this _ day of July, 2007.
4
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
8
9
10 Mayor - Jerry Taylor
11
12
13 Vice Mayor - Jose Rodriguez
14
15
16 Commissioner - Ronald Weiland
17
18
19 Commissioner - Mack McCray
20
21
22 Commissioner - Carl McKoy
23 Attest:
24
25
26
27 Janet M. Prainito, City Clerk
28
29
30 (Corporate Seal)
S:\C A\RESO\Agreements\Water ServicelJourney Church Water Service Agreement.doc
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Goren, Cherof, Doody & Ezra!, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this _ day of ,200 , by and between
:Jou:"V\t.1 (v I"'\"""-""\;~ G\,w rd,,, (Name of Corporation), hereinafter called the
IICustomer' , and the CIT OF BOYNTON BEACH, a mUl11clpal corporation of the State of Florida.
hereinafter called the IICityll.
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdictional limits on annexation of the property to be serviced into the City
at the earliest practicable time.
NOW THEREFORE, for and in consideration ofthe privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are .M_ Equivalent Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in connection with water service outside the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an
Irrevocable Special Power of Attorney granting to the City the power and authority to execute and
advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it
shall cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option of the City at any
time the property is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
9. Annexation is intended to be and is hereby made a covenant running with the land
described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be
recorded in the Public Records of Palm Beach County, Florida, and shall be binding on the Customer
and all subsequent transferee, grantees, heirs, successors and assigns.
10. It is agreed that the City shall have no liability in the event there is a reduction,
impairment or termination in water service to be provided under this Agreement due to any
prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the
2
event there is a reduction, impairment or termination of water service due to acts of God, accidents.
strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the
City's reasonable control.
11. The Customer hereby agrees to indemnifY, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and
agents (Both in their individual and official capacities) from and against all claims, damages, lm\
suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in
connection with post judgment collection) and costs rising out of or resulting from the Customer's
obligation under or performance pursuant to this Agreement including disputes for breach of
warranty of title.
12. No additional agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to be bound thereby.
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
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Pnnt ame
FOR CORPORATE NOTARIZATION:
STATE OF vI DncLl
COUNTY OF PblA.l~~
CORPORATION AS OWNER(S):
By~hA g~
Its: ~~'rJ€/\.-t:
~ob~rr S {c t'-t- ;.3 ~<J~v-.
Print Name and Title
{CORPORATE SEAL}
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)ss:
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I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesa~d to take acknowledgments,. per~qnall)' appeared
~Pd- $c.cr;r ~ as fr.unl1!.L~ of;]Du..rr1Jj G.lfhmu.n-tt-; Le\.Lv.ffumed in the
foregoing agreement and that he/she acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in him/her by said Corporation
and that the Corporate seal affixed thereto is the true corporate seal of said Corporation.
Witness my hand and official seal .
'--~ ' 200~.
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4
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
JO",r n ~ 1 G),'-Y'Il'Yh) '\: ~"1 C\'lVr~ h (INSERT NAME)
I
CITY OF BOYNTON BEACH, FLORIDA,
a Florida municipal corporation
By:
Kurt Bressner, City Manager
ATTEST:
City Clerk
(SEAL)
Approved as to Form:
City Attorney
ST A TE OF FLORIDA
\
}
)ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and 111 the County aforesaid to take acknowledgments, personally
appeared , City Manager and
City Clerk respectively, of the City named in the foregoing agreement and that they severally
acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily
under authority duly vested in them by said City and that the City seal affixed thereto is the true
corporate seal affixed thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this __ day of
,200
(Notary Seal)
Notary Public
My Commission Expires:
S:\CA\AGMTS\ Water Service\ Water Service Agreement (Corp) , Rev 090205.doc/rev. 1-6,06
H:\ 1990\900 182 BB\AGMT\ Water Service Agreement (Corp) , Rev 090205-rev 1,6,06.doc
5
THIS INSTRUMENT PREPARED BY
James A. Cherof, Esquire
City of Boynton Beach
100 E .Boynton Beach Blvd.
Boynton, Beach, Florida 33425
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Corporate Representative)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, f2.rkr+ .5t"'++- &Uj\.... as Corporate Representative of
Jo0;'1'\(.1 GIYl'1"tv,'\; rl Cv..;rA , hereinafter "Grantee", hereby make, constitute, and appoint
THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and
in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the
power to initiate, maintain, and complete a voluntary petition for annexation of the real property
described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY
OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish
annexation by any available means. The real property which is the subject of this power is
described as follows:
PCNNo.: 00"1} ~C;.oq'DD.O OO.")oJ\
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the
day of
, 20_ and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the3iJL day of
-i\1~
(\ Sealed r!I d delivered in the presence of
" i .
l~ v~:
, in the year 206 7 .
;' i
Corporation Name:jo,;r- fH 1 '-.;;"}),tYll...1i Ii" (~, !r~ \
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ATTEST
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Witness Signatur
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Print Name I
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Corporate Seal:
STATE OF flnrl'tLa-
COUNTY OF ~11.13~\...
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SS:
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
., 6~r~::;CDrr I;L. as Prud!,c--<tf- Of'JI)(j,.rt?;?{l.AJI7J/}t.iJ~n) C/;.cl/'th..amed in the
foregoing agreement an that he/she acknowledged executing he same 111 the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in him/her by said
Corporation and that the Corporate seal affixed thereto is the true corporate seal of said
Corporation.
\... Witness my hand and official seal in the County and State last aforesaid this.?l::=day of
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S:\CA \AGMTS\ Water Service\pr1~ltrtfflti\~ey-Corp. 1-6,06.doc
11:\ 1990\900 182.BB\AGMT\Power of Attorney'Corp ],6,06.doc
Palm Beach County Property Appraiser Property Search System
Page 1 of 1
Location Address: 7648 HIGH RIDGE RD
1..,~~~eW,HaD,;,;"....,1
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-00-000-7031
Subdivision:
Official Records Book: 21616 Page: 526 Sale Date: Mar-2007
9-45-43, N 159.82 FT OF W 135 FT OF N 2/3 OF SW 1/4 OF NW 1/4
Legal Description: OF SW 1/4 /LESS W 25 FT FOR HIGH RIDGE RD R/W/
Owner Information
Name: JOURNEY COMMUNITY CHURCH INC
1;..G.M.7AU~JIR~1
Mailing Address: 7648 HIGH RIDGE RD
BOYNTON BEACH FL 33426 9328
Sales Information
Sales Date Book/ Page
Mar-2007 21616/0526
Feb-2007 21455/0300
Price Si3leTyPe Owner
$1 QUIT CLAIM JOURNEY COMMUNITY CHURCH INC
$240,000 WARRANTY DEED JOURNEY COMMUNITY CHURCH INC
r Exemptions
Regular Homestead: $25,000
Total: $25,000
Year of Exemption: 2006
"ppraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Tax Year 2006
Number of Units: 1
*Total Square Feet: 1760
Acres: 0.40
Use Code: 0100
Description: RESIDENTIAL
* in residential properties may indicate living area.
Assesse an axa e a ues
Tax Year: ::zQQ{j 2QQ5 2QQ4
Assessed Value: $70 124 $68,082 $66,099 I,.zr~~j~..lkil
Exemption Amount: $25,000 $25,000 $25.000
Taxable Value: $45.124 $43,082 $41.099
d
dT
bl V I
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2006
824
264
$1 088
2005 2004
821 802
243 191
$1 064 $993
Tax CoUec:t()r \/IfebSite
[il~calJ;Nlltpr~~
l",;&",,~.-tril;;.;ll
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detail on one page.
Record Searcll I Exemption E'File I InformatIOn I ExemPtions I COmmunity I Employment I New HOme Buyer I Qfflce LOCi3tlons
Value AdJ\J~tmE;lltBQ"rd I Silve QurHomes I Senior comer I Qiscl;'llmer
Home I Links I Glossary I FAQ I Forms I Conti;c;t Us I PAPA
((;) 2004 Palm Beach County Property Appraiser.
CI~,k,f A
http://www.co.palm-beach.f1.us/papalaspx/web/detail_ info .aspx?p _ entity=0043450900000703 1 &geonav=... 6/1312007
Page
~
\.
Gary R. Nikolits,CF A
Palm Beach County Property Appraiser
Property Mapping System
{l200
T02't1
{l:>1{1
Owner Information ~
peN: 00434509000007031
i,;:,Ji\'Rlllml'r~.~i\;/.'..... .
Name' JOURNEY COMMUNITY
. CHURCH INC
location: 7648 HIGH RIDGE RD
Mailing: 7648 HIGH RIDGE RD
BOYNTON BEACH FL 33426
9328
Appraisal Value
Market Value:
Assessed Value:
Exempt Amnt:
Taxable:
Tax Value
Ad Valorem:
Non ad valorem:
Total:
Sales Information
Sales Date
Mar-2007
Feb-2007
{lUll
&200
7{17{1
{l200
{l100
{l1111
oo./lo{I ll12ll ,,17ll
007{1 {l1;3\1 {l100
00.00 {l1Sll
{l14{1
- OOSll
001{1-
$167,028
$70,12
$25,000
$45,12
{I::'.OO
00... "'ll
$823.69
$264.00
$1,087.69
Price
$1
$240 00
(I;>3.{)
Legend
c=J Parcel BOlAldary
~ Lot nulTbel"
Palm Beach County Property Map
Map Scale 1:2598
Map produced on 61l 3/2007 from PAPA
hup :I/www.pbcgov.com/papa
http://gisweb.co.palm- beach.fl. us/ipapagis/presentation/mapping/printnew.asp?MAPURL=http :// gisweb.c... 6/13/2007
This instrument prepared by:
Return to:
John Daniel Nyce, Esq.
P.O. Box 11071
Ft. Lauderdale, F1 33339-1071
[space above this line for recording data]
WARRANTY DEED
(statutory form-Section 689.02 F.S.)
This Indenture, made this 14th day of February 2007
Between
Donald D. Forrester and Delilah J. Forrester, alk/a Delilah Jane Forrester, his wife,
of the County of
and
Palm Beach,
and the State of
Florida,
grantor* ,
The Journey Community Church, Inc., a Florida Not-FoJ;'-Profit Corporation,
whose post office address is: 7648 High Ridge Road, Boynton Beach, Florida 33426
of the County of
Palm Beach
and the State of
Florida
grantee * ,
Witnesseth: That said grantor, for and in consideration of the sum of Ten ($10.00) Dollars and other good and
valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, sold and conveyed to the said grantee, and grantee's heirs and assigns forever, the
following described land, situate, lying and being in Palm Beach County, Florida, to wit:
The South 70 feet of the North 159.82 feet of the West 135 feet of the North 2/3 of the Southwest
Quarter (SW Y4,) of the Northwest Quarter (NW Y4,) of the Southwest Quarter (SW ~) of Section 9,
Township 45 South, Range 43 East, Palm Beach County, Florida, less the West 25 feet thereof, as
recorded in O.R. Book 861, Page 1048 of Palm Beach County, Florida.
Together with the North 89.82 feet of the West 135 feet of the North 2/3 of the Southwest Quarter
(SW-l/4) of the Northwest Quarter (NW Y4,) of the Southwest Quarter (SW Y4,) of Section 9, Township
45 South, Range 43 East, Palm Beach County, Florida, all less the North 15 feet on the North portion
of the subject property for road Right-of-Way and less the West 25 feet thereof, as recorded in O.R.
Book 1612, Page 32 Palm Beach County, Florida.
PARCEL IDENTIFICATION #00-43-45-09-00-000-7031
Warranty deed
Page 1 of2
~____~(space above this line for recording data)__
Subject to restrictions, reservations, easements and limitations of record, zoning ordinances, if any, and taxes for
the current year and subsequent years, provided that this shall not serve to reimpose same.
Said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of
all persons whomsoever.
· "Grantor" and "grantee" are used for singular or plural, as context requires.
IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first ahove
written.
Signed,
witness
$~..fJ..- ~~
Grantor Donald D. Forrester, a married man
7648 High Ridge Road, Boynton Beach, Florida 33426
witness ~
print name I A.t .:;-~
t/ S i5'Al.5~tness
-'L/
Grantor Delilah orrester, a/kJa Delilah Jane Forrester
a married woman
7648 High Ridge Road, Boynton Beach, Florida 33426
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this 14th day of February, 2007 by Donald D. Forrester
and Delilah J. Forrester, aJk/a Delilah Jane Forrester, his wife, who a ersonall well known to me or who
have produced their driver's licenses as identification and who did t an oath.
JOHN DANIEL NYCE
MY COMMISSION # DD 514368
EXPIRES: March 24, 2010
Bonded Thru Notal)! Ptibllc Underwrite,.
warranty deed
page 2 of2
BILL
OF SALE
KNOW ALL MEN BY THESE PRESENTS, THAT
(Seller's) Donald D. Forrester, and Delilah Jane Forrester, his wife, ofthe County of Broward, and State of
Florida, for and in consideration of the sum of Ten ($10.00) Dollars lawful money of the United States, to
them paid by The Journey Community Church, Inc., (Buyers), the receipt whereof is hereby acknowledged,
has granted, bargained, sold, transferred and delivered and by these presents do grant, bargain, sell, transfer
and deliver unto the said Buyer's, their Personal Representatives, and Assigns, the following goods and
chattels:
All fixed items including all landscaping, window screens, window treatments and hardware, wall-to wall or
attached floor coverings and attached lighting fixtures as installed on the subject real property at the time of
execution of the purchase and sale contract between the parties, said personalty located at: 7648 High Ridge
Road, Boynton Beach, FI 33426
And specifically;
range, refriger~tor, dishwasher, ceiling fans, light fixtures, window treatments, gas water heater, outside
grill, washer aqd dryer, two AlC units and cast iron tub.
To have and hold the same unto the Buyer's, their Personal Representatives and Assigns, forever.
And the Seller' ~ do, for themselves and their heirs and Personal Representatives covenant to and with the
Buyer's, their Personal Representative's and Assigns, that Seller's are the lawful owner's of the said goods and
chattels; that they are free from all encumbrances; that they have good right and title to sell the same aforesaid
and that Seller's will warrant and defend the sale of the said property, goods and chattels hereby made, unto
the Buyer's, their Personal Representative's and Assigns, against the lawful claims and demands of all persons
whomsoever.
OF, THE Seller's have hereunto set their hands and seals dated below.
~e~
seller
Donald D. Forrester,
~~~'
Delilah Jane Forre t r,
~
seller
State of Florida
County of Palm Beach SS:
My commission expires:
e, or who have produced their
JOHN DANIEL NYCE
MY COMMISSION /I DO 514368
EXPIRES: March 24, 2010
ionded Thru NoIIry Public UnII.rwrtters
COMMITMENT
AND
CLOSING PROTECTION LETTER
Attorneys' Title Insurance Fund, Inc.
ORLANDO, FLORIDA
Commitment To Insure Title
ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called THE FeND,
for a valuable considerationl hereby commits to issue its policy or policies of title insurance, as
identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or
mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule
A; subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the
amount of the policy or policies committed for have been inserted in Schedule A hereof by THE
FUND, either at the time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six months after the effective date
hereof or when the policy or policies committed for shall issue, whichever first occurs, provided
that the failure to issue such policy or policies is not the fault of THE FUND.
In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND, INC. has caused this Commitment
to be signed and sealed as of the effective date of Commitment shown in Schedule A, the
Commitmentto become valid when countersigned by an authorized signatory.
\1\11I1'1I"'lflll
<,~ \NSU~
/i~~L~:~~r;...'~\
l ~\. SEAL ...~j
\"~L-'_",,, ,," . . '~~..i
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1r"ltlllllll1l1
Attorneys' Title Insurance Fund, Inc.
By ~~
Charles J. Kovaleski
President
SERIAL
CF-
0674744
FUND COMMITMENT
Schedule A
Commitment No: 0674744
Effective Date: 2/7/07
Agent's File Reference: 1406
The coverages provided by the Closing Protection Letter printed on the inside cover of this commitment are
extended to the proposed insured(s) identified below.
1. Policy or Policies to be issued:
Proposed Amount of Insurance:
OWNER'S: ALTA Owner's Policy (10/17/92). (If other, specify)
$240,000.00
Proposed Insured: The Journey Community Church, Inc.
MORTGAGEE: AL T A Loan Policy (10/17/92). (If other, specify)
$190,000.00
Proposed Insured: Charles R. Baugh
2. The estate or interest in the land described or referred to in this commitment is a fee simple (if other, specify
same) and title thereto is at the effective date hereof vested in:
Donald D. Forrester and Delilah J. Forrester, a/k/a Delilah Jane Forester, his wife
3. The land referred to in this commitment is described as follows:
The South 70 feet of the North 159.82 feet of the West 135 feet of the North 2/3 of the Southwest Quarter
(SW 1;4) of the Northwest Quarter (NW Yt) of the Southwest Quarter (SW 1;4) of Section 9, Township 45
South, Range 43 East, Pahn Beach County, Florida, less the West 25 feet thereof, as recorded in O.R. Book
861, Page 1048 of Palm Beach County, Florida.
Together with the North 89.82 feet of the West 135 feet of the North 2/3 of the Southwest Quarter (SW-
1/4) of the Northwest Quarter (NW 1;4) of the Southwest Quarter (SW Yt) of Section 9, Township 45 South,
Range 43 East, Palm Beach County, Florida, allless the North 15 feet on the North portion ofthe subject
property for road Right~of-Way and less the West 26 feet reof, a ecorded in O.R. Book 1612, Page 32
Palm Beach County, Florida.
P.O. Box 11071
Mailing address
Ft. Lauderdale
City
33339-1071
ZIp
John Daniel Nyce, Esq. 6208
issuing agent-attorney or firm of attorneys agent no.
FUND Form CF.SCH. A (Rev. 8/98) [486]
FUND COMMITMENT FORM
Schedule B
Commitment No: CF-0674744
r. The following are the requirements to be complied with:
Final owners title policy and lenders policy to be issued.
Payment ofthe full consideration to, or for the account of, the grantors or mortgagors.
Instruments creating the estate or interest to be insured which must be executed, delivered and filed for record:
Warranty deed fyom Donald D. Forrester and Delilah J. Forrest a/k/a Delilah Jane Forrester, his wife, to the Journey
Community Church, Inc., a Florida Corporation Not-For,Profit.
2 Mortgage from Journey Community Church, Inc" to Charles R. Baugh, his successors and/or assigns, as their interests may
appear, in the principal amount of$] 90,000.00.
3 Written evidence that all governmental authorities that city, county and other special district assessment road or improvement
liens and utility charges, including waste, water and sewer, gas and trash removal charges, if any, have been paid and that the
subject property is free and clear of any such governmental liens.
4 A satisfactory survey must be furnished with the minimum standards for land surveyors made for title insurance purposes,
certified to Attorney's Title Insurance Company, the buyers, and their attorney and the lender. Through a current date,
disclosing the nature and extent of any encroachments, overlaps, boundary line discrepancies or other matters adversely
affecting title to the property to be insured and/or its agents. Should the survey disclose building setback lines, easements,
encroachments, overlays, boundary line disputes or other adverse matters, they will appear as exceptions in Schedule B of the
final policies.
5 Seller must provide a standard Owner's No Lien Affidavit, showing no encumbrances upon the subject premises other than as
recited herein, and that there are no unpaid bills for labor performed and/or materials furnished for subject premises during the
last 90 days and that no party other than seller or mortgagor is in actual possession of subject premises. Properly executed
affidavit will serve to delete the standard lien and possession exceptions on final policy.
6 Seller must provide a FIRPTA Affidavit indicating that the Seller's are American citizens or has permanent residency status.
11. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same arc
disposed of to the satisfaction of The Fund:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching
subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or
mortgage thereon covered by this commitment.
2. Any owner and mortgagee policies issued pursuant hereto will contain under Section B the standard exceptions set forth at the
inside cover hereof unless an affidavit of possession and a satisfactory current survey are submitted, an inspection of the premises is
made, it is determined the current year's taxes or special assessments have been paid, and it determined there is nothing of record
which would give rise to construction liens which would take priority over the interest(s) insured hereunder (where the liens would
otherwise take priority, submission of waivers is necessary).
3. Any owner policy issued pursuant hereto will contain under Section B the following exception: Any adverse ownership claim by
the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificialzv
exposed lands accreted to such lands.
4. Federal liens and judgment liens, if any, filed with the Florida Department of State pursuant to Sec. 713.901, et seq., F.S., and
F.S. Sec. 55.201, et seq., F.S. respectively, which designate the Florida Department of State as the place for filing federal liens and
judgment liens against personal property. For insuring purposes:
(a). Pursuant to Sec. 713.901, et seq., F.S., personal property includes but is not limited to mortgages, leaseholds, mortgages on
leaseholds, interests in cooperative associations, vendees' interests and options when those interests are held by a partnership,
corporation, trust or decedent's estate; and
(b). Pursuant to Sec. 55.201, et seq., F.S., personal property includes but is not limited to leaseholds, interests in cooperative
associations, vendees' interests, and options regardless of the type of entity holding such interests, including individuals. (Note:
Mortgages have been specifically excluded from the personal property interests in which a judgment lien may be acquired under the
provisions of Sec. 55.201, et seq., F.S.)
Further this policy does not insure all of the following:
1. Any loss or damage resulting form a lien for assessments pursuant to section 718-116 (l)(a) for unpaid assessments, or
718,116 (5)(a) Florida Statutes not withstanding any assurance to the contrary in any attached ALTA 4 Condominium
Endorsement or Florida Endorsement 9. (Mortgagee policy only).
~
2. Any lien provided by Chapter 159 Florida Statutes in favor of any city, town, village or port authority for unpaid service
charges for services by any water system, sewer system, or gas system serving the lands described herein; and any lien for
waste fees in favor of any county or municipality.
3, Any lien or right to a lien for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the
public records.
Riparian or littoral rights.
.J. Title to or any interest in, personal property.
6. Rights oflessees under unrecorded leases.
7. Title to or any interest in, personal property.
8. Title to any person in possession not shown by the public records.
9. Easements or claims of easements not shown by the public records.
10. Encroachments, overlaps, boundary line disputes, easements or any other matters which would be disclosed by an accurate
surveyor an inspection of the premises; alternatively, if a survey meeting the requirements of Sec. 627.7842 (I) (a) is
presented then only those encroachments, overlaps, boundary line disputes, and other matters which are actually shown on
the survey presented to and relied upon by the Fund in the issuance of this policy.
11. Quit Claim Deed for Right-of,Way recorded in O.R. Book 947, Page 25 Public Records of Palm Beach, County, Florida.
12. Subject to the Right-of-Way for High Ridge Road, as now laid out and in use.
13. Taxes: Taxes for the year ofthe effective date of this policy and taxes or special assessments which are not shown as existing
liens by the public records. Taxes for the year 2006, in the amount of $1,044.18, have been paid. Taxes under folio number
00-43-45-09-00-000-7031, for the year 2007 are not year due and payable.
All documents hereinabove are recorded in the Public Records of Palm Beach County, Florida
ENVIRONA1ENTAL PROTECTJON LiEN E1VDOR,5'EA1El\7' (ALTA, Form 8. /i
Attorneys' Title Insurance Fund, Inc.
ORLANDO, FLORIDA
Endorsement No.1 to Policy No. CF-0674744
Tbe insurance afforded by this endorsement is only effective if the land is used or is to be used primarily for residential
purposes,
Attorneys' Title Insurance Fund, Inc. insures the insured against loss or damage sustained by reason of lack of priority of the
lien of the insured mortgage over:
(a) any environmental protection lien which at Date of Policy is recorded in those records established under state
statutes as Date of Policy for tbe purpose of imparting constructive notice of matters relating to real property to
purchasers for value and without knowledge, or filed in the records oftbe clerk of the United States district court
for the district in which the land is located, except as set forth in Scbedule B; or
(b) any environmental protection lien provided for by any state statute in effect at Date of Policy. except
environmental protection liens provided for by the following statutes:
N/A
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and any prior
endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy
and any prior endorsements, nor does it extend the Effective date of the policy and any prior endorsements, nor does it
increase the face amount thereof.
In witness whereof, Attorney's Title Insurance Fund, Inc., has caused its name and seal to be hereunto affixed by its duly
authorized Agent as of the date shown herein, the effective date of this endorsement.
John Daniel Nyce
Name of Fund Agent
Date 2/14/07
6208
Agent No.
Attorney's Title Insurance Fund, Inc.
By Charles J. Kovaleski
President
ALIA Form 8.1 (6/89) Fund Form EPLl
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SHE[i i OF-'2l
FAX. (954) 782-\442
. .. _ _. __, _VEY:
BOUNDARY
JOB NUMBER: SU-07-0300
LEGAL DESCRIPTION:
THE SOUTH 70 FEET OF NORiH 159.82 rEET OF WEST 135 FEET OF NORTH 2/3 OF THE SOUTHWEST
I QUARTER (SW,';;) OF THE NORTHWEST QUARTER (NW,'/.) OF THE SOUTHWEST QUARTER (SW-'/.) OF
I SECTION 9, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, EXCEPT THE WEST 25
FEET THEREOF, AS RECORDED IN OFFICIAL RECORD BOOK 861, PAGE 1048, OF PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH THE NORTH 89.82 FEET OF THE WEST 135 FEET OF NORTH 2/3 OF THE SOUTHWEST
QUARTER (SW,'/.) OF THE NORTHWEST QUARTER (NW,'/.) OF THE SOUTHWEST QUARTER (SW,'/.) OF
SECTION 9, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. LESS A 15 FOOT ROAD
RIGHT:OF,WAY ON THE NORTH PORTION OF SUBJECT PROPERTY FOR ROAD RIGHT-OF,WAY, AS RECORDED
IN OFFICIAL RECORD BOOK 1612, PAGE 32, OF PALM BEACH COUNTY, FLORIDA.
ADDRESS:
7648 HIGH RIDGE RD BOYNTON BEACH, FL 33426
FLOOD ZONE:
BASE FLOOD ELEVATION:
CONTROL PANEL NUMBER:
EFFECTIVE:
C
N/A
120192-0195-B
REVISED: 6/2/1992
LOWEST FLOOR ELEVATION: N/A
GARAGE FLOOR ELEVATION: N/A
LOWEST ADJACENT GRADE: N/A
HIGHEST ADJACENT GRADE: N/A
REFERENCE BENCH MARK: N/A
CERTIFY TO:
1. JOURNEY COMMUNITY CHURCH, INC.
2. JOHN DANIEL NYCE, ESQ
3. ATTORNEYS' TITLE INSURANCE FUND, INC.
4. ROBERT BAUGH
I 5.
6.
EASEMENTS ACCORDING TO THE PLAT THEREOF: NONE
ENCROACHMENTS ACCORDING TO THE PLAT THEREOF:
DRIVE ENCROACHES INTO RIGHT-OF-WAY ON WEST SIDE OF LOT.
NOTES:
i. THIS SURVEY CONSISTS OF A MAP MID A TEXT REPORT. ONE IS NOT VALID WITHOUT THE OTHER.
2. OWNERSHIP OF FENCES AND WALLS IF ANY. NOT DETERMINED.
3. THIS SURVEY IS MADE FOR THE EXCLUSIVE USE OF THE CERTlFIED HEREON.
FROM 1l-iE DATE OF SURVEY AS SHOWN HEREON.
II'"(:Tl-Jn nl'" i\RRRI'"VlAllONS:
FND. 1/2'
IR &: CAP
(NO 10) ^CRE.....CE
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~ O.O,N. 1/4. Of THE S.W. 1/4 OF SECTION 9--45-4), PALM o~ t; ~ . .oVl~o?E
I 1.5~ E. BEACH COUN1Y RECORDS ;r;; '"'l O. ' x ! ~ 8 0 .... 2.
SETLR. "CAP N88'4S'14"E 110 00' "'ii I ~ ~
La 36J.5 .
POMPANO BEACH
FLORIDA 33060
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NOTES:
1. UNlESS OTHER'MSE NOTED nLED M(ASUROJENT'S ARE IN ACREEUENT 'MTrt RECORD
UEASUROENTS.
2. BEARINGS SHOWN HEREON ARE BASED ON A BEARING Of N88-<45't4-E. ALONG THE NORTH UHE
OF' LOT 8 BLOCK 1, PLAT BOOK PAGE PAlM BEACH COUNTY RECORDS
J. THE LANDS SH()MII HEREON 'hffiE NOT ABSTRAClED FOR O'MiERSHIP. RIQHTS-Or-WAY,
EASElr.IENTS OR MA TlERS Of RECORD BY ACCURATE LAND SURVEYORS, INC.
4. OWNERSHIP OF FENCES AND WAI...l.5. IF ANY NOT OEl[RNINEO.
5. THIS ORA'IlNING IS THE PROPERTY Of ACCURATE lAND SURVEYORS, INC., AND SHALL
NOT BE USED FOR REPRODUCTION IN 'M-{OL[ OR IN PART 'MlHOUT THE 'ARITTEN
AUlHORIZA nOH.
6. THIS SURVEY CONSISTS or A MAP ANO TEXT REPORT. ONE IS NOT VAUO WllHOUT
THE Oll-lER.
7. THIS SUR~ IS MADE FOR THE EXCLUSl\IE USE OF THE CrnTIIlEO HEREON TO BE
VAUO ONE YEAR FROM THE DAlE or SURVEY AS SHO'M'ol. .,
8. 'THIS SUR~Y IS MACE FOR MORTGAGE AND TIllE PURPOSES ONLY AND SHOULD NOT
BE USED FOR DESIGN OR CONSTRUCTION PURPOSES.
CERTlFICA TlON.
THIS IS TO CERTlFY THAT I HAVE RECENn.'r' SURVEYED TIlE PROPERTY
DESCRIBED IN niE F"ORECOlNC TITLE CAPTIOO AND HAVE SET OR fOUND
MQNUMEHl'S '\S INDICAltD 00 'THIS SKETCH AND 'THAT SAID ABOVE
CROUND SURVEY ....NO SKETCH ARE ACCUR.... rr .AND CORRECT TO THE
BEST OF illY KNO'M....EDGE AND BELIEf". I FURTHER CERTIFY THAT THIS
SURVEY MEETS t.rINlt.lUt.l TEQ-lNICAl STANDARDS UNDER RULE 61G17-6
FLORIDA ADMINISTRAnVE: CODE. ADOPTED BY THE FlORIDA BOARD OF
LAND SURVEYORS, "'A'Y 1995.
RE\4Sl0NS
DAn:
BY
_ /U-~----:7---- / - 30----0 7-
ROBERT L. THO~PSON (PRESIDENT)
PROr[SSIONAl 5URI/[YOR AND MAPPER No_J869 - STATE or FLORIDA
s [ A (
I NOT VAUO WITHOUT
( ~E SIGNATURE AND
!HE ORIGINAL RAISED
, SEAL OF A FLORIDA
\ UC[N$EO SlJRy(ytlR
\ AND M"-PPfJI:
DATE Of SURVEY
D1 /22/07
DRAWN BY
CHECKED BY
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FlEW BOOK
2+78/38
SCALE 1"=20' ::;~~SU-07-0JOO I
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.7
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon)
0 May], 2007 April ]6,2007 (Noon) ~ July 3, 2007 June 18, 2007 (Noon)
0 May ]5,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon)
0 May 14,2007 (Noon) 0 July 16,2007 (Noon) a
June 5, 2007 August 7, 2007 -.--J
c..._
c
t-; --1
NA TURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
[g1 Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
~'-"""
..<c)
."--) -1"1
o City Manager's Report
o New Business
o Legal
o Unfinished Business
o
.;:-
;:..:)
-u
-,-...
""..........
~.o
-"::,.
-J,:;
RECOMMENDATION:
Motion to approve and execute a resolution for Amendment #4, Task Order No. 17 to CH2M Hill
totaling $70,041.00. Amendment #4 includes additional engineering services as the construction of
the City's Aquifer Storage and Recover Well No.2 (ASR-2) nears completion.
EXPLANATION:
Task Order #17 was approved by City Commission on November 19,2002 for engineering services
provided by CH2M Hill for the final design of ASR-2, bidding services, construction phase
services, report preparation and preparation of an Operation and Maintenance Manual.
Modifications to the original scope of services regarding the well house design and unforeseen
ground conditions that caused a partial collapse of soils under and around ASR-2, necessitated
Amendments #1 and #2 that were approved by City Commission on December 6, 2005.
Subsequently, extensive testing of both ASR-l and ASR-2 was required after determining well
interference and the amount of sand being pumped was greater than anticipated. The original
pumping plant design was re-evaluated and additional engineering services were required to
remedy the situation.
The construction completion date for this project has been delayed several times to account for an
active 2005 hurricane season and drilling irregularities. An additional 10 weeks for onsite
resident observation provided by CH2M Hill was included in Amendment #3, approved
September 6, 2006.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
~\"f"Y 0",
f .' '\
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O' 11.1
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'ON ~
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
The most recent project schedule reflects a Substantial Completion date of May 14,2007 and final
completion on June 12, 2007. The project's contractor has been unable to meet the Contract
schedule and the Liquidated Damages clause was invoked against the contractor on March 27,
2007.
Amendment #4 will provide engineering services through the project final completion date of June
12, 2007. The services proposed in Amendment #4 were not anticipated during the original design
and were yet unforeseen when Amendments #1, #2, and #3 were prepared. The additional services
in Amendment #4 are directly related to the construction completion date and include:
. Project and Construction management with limited resident observation
. Payment applications reviews
. Technical interpretations
. Communications, meetings and data preparation with regulatory agencies concerning the
need for and issuance of a minor modification and response to any Requests For
Information
PROGRAM IMPACT:
The use of Aquifer Storage and Recovery wells allow the City to store surplus water produced
during the wet season, and recovery during the drier weather when demand is high. The new
well, ASR-2, when completed is expected to provide more than twice the recovery rate of the
existing ASR-l well, increasing our ASR capability up to 4 MGD. The additional well is critical to
the City and the Utilities Department in meeting future peak day and dry season demands.
FISCAL IMP ACT:
Funds are available in Utilities Account #403-5000-590-96-10 WTR093
T ASK ORDER COMMISSION ACCOUNT NUMBER AMOUNT
APPROVAL DATE
TO No. 17 11/19/02 403-5000-590-96-10 WTR093 $ 231,970.00
Amendment #1 12/06/05 $ 52,412.00
Amendment #2 12/06/07 $ 71,103.00
Amendment #3 09/06/06 $ 76,083.00
Amendment #4 Proposed 06/05/07 $ 70,041.00
TOTAL $ 501,609.00
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
~
~~Jc
?-o N ~
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TERNATIVES:
There is not an alternative. This additional time is required to complete and certify the project.
[<t. ~-~~~ I) /J
Kofi BOateog ~"i::~gnature
Utilities Director
~
Department Name
AS~
City Attorney / Finance
bc: Kofi Boateng, Utilities Director
Pete Mazzella, Deputy Utilities Director
Michael Low, Deputy Utilities Director
~ Chris Roschek, Manager Engineering Division
V'. "PaUl Fleming, Sr. Project Manager
Barb Conboy, Manager Utilities Admin/Finance
PMT File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING EXECUTION OF
5 AMENDMENT NO 4 TO TASK ORDER NO. 17 IN THE
6 AMOUNT OF $70,041.00, TO CH2M HILL, INC., FOR
7 ADDITIONAL ENGINEERING SERVICES AS THE
8 CONSTRUCTION OF THE CITY'S AQUIFER
9 STORAGE AND RECOVERY WELL NO.2 (ASR-2)
10 NEARS COMPLETION; AND PROVIDING AN
11 EFFECTIVE DATE.
12
13
14 WHEREAS, Task Order No. 1 7 was approved by the City Commission on
15 November 11, 2002 by Resolution R02-198 for $231,970.00; and
16 WHEREAS, Amendments #1 and #2 were approved by the City Commission on
17 December 6,2005 by Resolution R05-203 for $123,515.00; and
18 WHEREAS, Amendment #3 was approved by the City Commission on September
19 6, 2006, by Resolution R-06-151 for $76,083.00; and
20 WHEREAS, Amendment #4 will provide engineering services through the project
21 final completion date of June 12,2007. The services proposed in Amendment #4 were not
22 anticipated during the original design and were yet unforeseen when Amendments #1 through
23 #3 were prepared.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confimled as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
29
Section 2.
The City Commission of the City of Boynton Beach, Florida does
S:\CA\RESO\Agreements\Task - Change Orders\CH2M Addendum 4 to TO 17.doc
hereby authorize and direct the approval and execution of Amendment #4 to Task Order No.
2 17 with CH2M HILL for additional engineering services as the construction of the City's
3 Aquifer Storage and Recovery Well, No.2 (ASR-2) nears completion in the amount of
4 $70,041.00, a copy of which is attached hereto as Exhibit "A".
5
Section 3.
This Resolution shall become effective immediately upon passage.
6
PASSED AND ADOPTED this _ day of July, 2007.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 ATTEST:
26
27
28
29
30 Janet M. Prainito, City Clerk
31
32
33 (Corporate Seal)
34
35
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S:\CA\RESO\Agreements\Task - Change Orders\CH2M Addendum 4 to TO 17.doc
Task Order No. 17 - Engineering Services for
Phase II - Final Design, Bidding Services,
Services During Construction and Reports for
Aquifer Storage and Recovery Well ASR-2 at
the City of Boynton Beach East Water
Treatment Plant - Amendment No 4 ( Additional
Services During Construction)
Background
Task Order No. 17 - Engineering Services for Phase II - Final Design, Bidding Services,
Services during Constmction and Reports for Aquifer Storage and Recovery Well ASR-2 at
the City of Boynton Beach East Water Treatment Plant was approved by the City
Commission on November 19, 2002. CH2M HILL (CONSULTANT) has been working on
this project since that time. The original design and bidding services for ASR-2 are
complete and construction is nearing completion.
Task Order Amendment 3 provided for additional CONSULTANT services through
November 30, 2006. Sin.ce Task Order Amendment 3 was prepared, the recognized
substantial completion date has been {l.uther extended by Field Change Directives (FCD's)
to February 21, 2007. The Contractor's updated schedule of April 3, 2007, however, reflects a
protracted construction time line that includes time not approved in FCD's. Construction or
ASR-2 is projected (April 3, 2007 schedule) to reach substantial completion on May 14, 2007
and final completion on June 12,2007. This Task Order Amendment (4) provides a
com.mensurate extension of CONSULTANT services La complete the project.
Amendment 4 . Additional Scope of Services for Phase II
Task 1 - Final Design Services
No additional Bid Phase Services are being provided in this Amendment.
Task 2 - Bid Phase Services
No additional Bid Phase Services are being provided in this Amendment.
ASR2_AMENDMENT 4IINAI _,4?707 [)()I~
Task 3 - Services During Construction
In addition to services covered under the original task order and prior Amendments I, 2
and 3, the following additional services during construction have been and will be provided
under Amendment 4:
Additional Construction Management and Resident Observation. The CONSULTANT will
continue to provide construction management and onsite resident observation services.
Specific services to be provided are as outlined in the original task order and will also
include assessment of Field Change Directives.
Additional Payment Applications Review. The CONSULTANT will continue to review the
Contractor's applications for pi1yment as outlined in the origini1l task order.
Technical Interpretations. The CONSULTANT will provide technical interpretations as
outlined in the original task order.
CUITuIlluucalion with Regulatory Agency. The CONSULTANT will maintain required
written and phone communication with the FDEP UIC and the PBC Health Department.
Additionally, the CONSULT ANT will attend up to two (2) meetings with the Cin} and/or the FDEP
to discuss the effect of the ASR-l/ASR-2 system hydrogeologtj on operational cycle testing. The
CONSULT ANT shall prepare pre-meeting hydrogeologic data, post meeting summaries and, if
required by FDE?, a submittal requesting a minor modification to the pennit.
Task 4 - Engineering Report and Operation and Maintenance Manual
No additional services are included in this Amendment.
Assumptions
The following assumptions were made for the prepara tion of this Amendment:
· Construction management services are based on completion of the addi tional
construction by May 14, 2007 (substantial completion) and Jtme 12,2007 (Final
completion). If construction is further extended due to the CONTRACTOR or the CITY,
the CONSULTANT shall be compensated for additional services beyond this period as
approved by the CITY.
· This task order amendment does not request additional compensa lion for those sub tasks
outlined in the original lump sum task order which have not yet be~,'un. Allocations for
the Fi.nal Review, Start-Up Services and Training, Certification of Completion and
Record Drawings and the Operational Testing Request were included in the origll1.al
scope. To date the scope of these subtasks has not been extended or expanded as a result
of protracted construction and testing.
ASR2_AMFNrlMFf\iT 4.FINAL042707 DOC
2
Contract Reference
This Task Order shall be performed under the terms and conditions described within the
Agreement for General Engineering Consulting Services dated November 18,2003, and the
Two (2) Year Contract for General Engineering and Consulting Services dated September 27,
2005, between the City of Boynton Beach and CH2M HILL, Inc.
Compensation
Compensation by the CITY to the CONSULTANT for the additional Phase II services,
Amendment 4 will be invoiced on a time and materials basis, with a not-to-exceed limit as
sho'wn below, and in accordance with the above referenced Agreement. The estimated
compensation for the services described in this Task Order amendment is $ 70,041 as shown
in Table 1 below.
TABLE 1
ASR-2 Additional Services
City of Boynton Beach
Labor Labor Expense Total
Hours Cost Cost
Task 3- Additional Services 660 $ 69,514* $527 $ 70,041
During Construction and I
ProjpctManagement i
TOTAL 660 $ 69,514* $ 527 $ 70,041 !
I
* Includes 1) the actual costs incurred for the period 12/1/2006 through 3/23/2007,2)
approximately $2,360 per week for an additional 9 weeks (11 weeks minus 2 weeks during
which efforts will be covered by original lump sum allocations) through June 12,2007, and
3) labor and expenses for additional FDEP meetings and a permit minor modification
, ';:'.~ 1.1-:::5 t.
The total revised fee is sununarized below:
Revised Total Fee
$231,970
$ 52,412
$ 71,103
$ 76,083
$ 70,041
$ 501,609
Original Budget
Amendment 1
Amendment 2
Amendment 3
Arnendment 4
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Schedule
The Contractor's construction schedule is updated weekly and reflects the Contractor's
projections for the completion of the project. As of April 3, 2007, substantial completion is
expected on May 14, 2007 and final completion is expected on June 12,2007.
Authorization
DATED this day of
,2007
CITY OF BOYNTON BEACH
CH2M HILL, WC
~~
Kurt Bressner
Wendy Nero
Vice President, Area Manager
City Manager
Attest / Authenticated:
City Clerk
Approved as to Form:
Attest / Authenticated:
Office of the City Attorney
Secretary / Notary
ASR2_AMENDMENT 4JINAL_042707.DOC
4
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VI.-CONSENT AGENDA
ITEM C.8.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17,2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon)
0 May 1,2007 April 16, 2007 (Noon) [gJ July 3, 2007 June 18,2007 (Noon)
0 May 15,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [gJ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION:
Motion to approve and authorize the City Manager's signature for Task Order No. U07-4-2 with Camp, Dresser and
McKee, Inc. (CDM) for Engineering Services related to the City's application for a Water Use Permit Modification.
This Task Order is for an amount not to exceed $247,000.
EXPLANATION:
Earlier this year the South Florida Water Management District Governing Board approved its Water Availability
Rule, which could significantly reduce the volume of water that the City may extract from the Surficial Aquifer
System. Water withdrawal capacity allowed under the current Water Use Permit, and anticipated in the City's
approved Potable Water Supply Strategy could be reduced by up to 36% by the provisions of this new Rule. The
purpose of this task order is to authorize the development of groundwater modeling for the Surficial Aquifer as a
means of supporting additional withdrawals from this system by obtaining appropriate credit for wastewater reuse
and aquifer recharge. CDM will also model the Upper Floridan Aquifer System and provide assistance in determining
exact sites for the future Floridan Aquifer Wells.
The Task Order also includes provisions for preparing an application to the South Florida Water Management
District for modification of the current Water Use Permit, with the goal of securing additional allocations of water,
and also obtaining a long term permit (of up to 20 years).
PROGRAM IMP ACT:
The securing of sufficient raw water withdrawals is critical to meeting the City's current and future drinking water
needs.
FISCAL IMP ACT:
Funding for this task is available in the Utilities Capital Improvement Program budget:
ACCOUNT NO.
403-5000-590-96-10
PROJECT NO.
WTR 134
AMOUNT
$247,000
AL TERNA TIVES:
1. Wait two years before applying for a renewed Water Use Permit
2. Eliminate modeling of the Surficial Aquifer System, and accept the reduction in withdrawal imposed by the
Water Availability Rule
3. Revise the City's Potable Water Supply Strategy.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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~ City Manager's Sighature
UTILITIES
Department Name
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XC: ,~eter Mazzella (w/copy of attachment)
City Attorney "
Finance
File
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING THE CITY
5 MANAGER TO EXECUTE TASK ORDER NO. U07-4-2
6 IN AN AMOUNT NOT TO EXCEED $247,000.00 WITH
7 CAMP, DRESSER & McKEE, INC., FOR
8 ENGINEERING SERVICES RELATED TO THE
9 CITY'S APPLICATION FOR A WATER USE PERMIT
10 MODIFICATION; AND PROVIDING AN EFFECTIVE
11 DATE.
12
13
14 WHEREAS, the South Florida Water Management District Governing Board
15 approved its Water Availability Rule which could significantly reduce the volume of water
16 that the City may extract from the Surficial Aquifer System; and
17 WHEREAS, this Task Order authorizes the development of groundwater modeling
18 for the Surficial Aquifer as a means of supporting additional withdrawals from this system
19 by obtaining appropriate credit for wastewater reuse and aquifer recharge; and
20 WHEREAS, the Task Order also includes provisions for preparing an application to
21 the South Florida Water Management District for modification of the current Water Use
22 Permit, with the goal of securing additional allocations of water, and also obtaining a long
23 term permit; and
24 WHEREAS, the City Commission of the City of Boynton Beach upon
25 recommendation of staff, deems it to be in the best interest of the citizens of the City of
26 Boynton Beach to authorize execution of Task Order U07-4-2 in an amount not to exceed
27 $247,000.00 with Camp Dressker & McKee, Inc.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:lcAIRESO\Agreements\Task - Change Orders\camp Dresser U07-04-2.doc
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confimled as
2 being true and correct and are hereby made a specific part of this Resolution upon adoption
3 hereof.
4
Section 2.
The City Commission of the City of Boynton Beach, Florida does
5 hereby authorize and direct the approval and execution by the City Manager of Task Order
6 U07-4-2 in an amount not to exceed $247,000.00 with Camp Dresser & McKee, Inc., for
7 engineering services related to the City's application for a Water Use Pemlit Modification, a
8 copy of which is attached hereto as Exhibit "A".
9
Section 3.
This Resolution shall become effective immediately upon passage.
10
PASSED AND ADOPTED this__ day of July, 2007.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 ATTEST:
29
30
31 Janet M. Prainito, City Clerk
32
33
34
35 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S'\cA\RESO\Agreements\Task . Change Orders\Camp Dresser U07-04-2doc
CITY OF BOYNTON BEACH
ENGINEERING SERVICES TASK ORDER NO. U07-4-2
1. PROTECT TITLE
Water Use Permit Modification
II. BACKGROUND
The City of Boynton Beach (City) currently has a Water Use Permit (WUP No. 50-00499-W),
which stipulates the annual water allocation (21.5 mgd) and maximum monthly water
allocation (741.4 mg) for the utility using the surficial aquifer system as the water supply. The
WUP stipulates that the City must limit its dry season withdrawals from the surficial aquifer
wells from 25.4 mgd to 15 mgd after July I, 2008. The withdrawals may be further reduced as a
result of the Regional Water Availability Rule. These limitations will severely impact the
existing utility operations. As a result of meetings with the South Florida Water Management
District (SFWMD), it was agreed that the City would proceed to modify their existing Water
Use Permit to request the following: (1) a five-year interim increase in water use from the
Biscayne aquifer (subject to replacement by water use from the Floridan aquifer at the end of
five years), (2) a 20-year Water Use Permit for existing withdrawals from the Biscayne aquifer,
(3) a potential increase in withdrawals from the eastern wellfield due to shallowing up of wells,
(4) potential additional water withdrawals associated with recharge of the wellfield(s) with
reclaimed water, (5) withdrawals from the upper Floridan aquifer (UF A) for the proposed
reverse osmosis membrane plant, and (6) withdrawals from the Biscayne aquifer that would
allow use of the City's two ASR wells. The following scope of services details the various
requirements associated with the permit modification and is in agreement with the October 17,
2006, approval by the City of Boynton Beach Commission of the City's Potable Water Supply
Strategy and associated policy directions by the Commission. The City's Potable Water Supply
Strategy consists of two approaches: 1) convey water from the City's western surficial aquifer
wellfield to the East Water Treatment Plant to maximize usage of the East Water Treatment
Plant and 2) convert the West Water Treatment Plant from nanofiltration into a low pressure
reverse osmosis (LPRO) treatment facility withdrawing from the Floridan aquifer.
III. CONTRACT REFERENCE
This Task Order shall be performed under the terms and conditions described within the
Agreement for General Engineering Consulting Services RFQ No. 065-2221-03jCJD, Scope A:
Water Plant Expansion and Capacity Replacement.
IV. SCOPE OF SERVICES
The following is a description of the Scope of Services to be provided under this Task Order.
CDNI
1
N:\OOOOILRG1126.doc
Task 1 - Data Collection
COM will obtain and assemble the necessary information regarding the site and project as
required to complete Form 0645-W01 (Water Use Permit Application Form (RC-1A, RC-1 W, RC-
1G) for all water uses except dewatering for mining or construction) and all other associated
forms for an Individual WUP. Data will be obtained from the City where appropriate. This will
include specific information required for SFWMD Form 0645-WOl (dated 08/03) as follows:
. Section A. General Information
. Section B. Location of the Property
. Section C. Water Source and Water Use Type (including Tables A and B)
. Section E. Public Water Supply Use (including Tables E, F, G, H, I, J, and K)
. Section G. Additional Requirements if you are using more than 100,000 gallons per day
. Section H. Attachments
. Section 1. Certification
COM will collect and review data on the existing production wells, land use, zoning, projected
population, proposed developments, water quality, and other historical water use information
not currently on file with COM, if applicable. CDM will obtain the projected water demands
through 2027 for the City's service area from the City, or alternatively use the water use
projections provided by the SFWMD. COM will also review the files of the SFWMD for the City
to obtain any data or information relevant to preparation of the Water Use Permit application.
Also included in this task is preparation of any basemaps showing water supply well locations,
interconnections, water distribution network, and land use, not provided by the City.
COM will use the City's evidence of shallowed-up wells and upconing calculations provided by
the City's consultant to justify increased withdrawals from the Biscayne aquifer at the eastern
wellfield.
If the Florida Department of Environmental Protection is in agreement with the use of public
access wastewater to recharge the groundwater system around the eastern wellfield, COM will
propose this and request an additional allocation based on the sustainable amount of recharge
that is in compliance with wellfield protection regulations. CDM will provide a map showing
potential recharge areas. A potential pipeline route will be provided by the City.
Task 2 - Groundwater Flow Modeling of the Surficial Aquifer
Groundwater flow modeling is commonly performed in support of Water Use Permit
allocations to evaluate if proposed increases in groundwater withdrawals from the surficial
aquifer will affect the water resources, the regional system or other existing legal users of the
surficial aquifer.
CONI
2
N \OOOO\LRG 1 ~ 26 doc
CDM proposes to use the SFWMD MODFLOW model of Palm Beach County for modeling of:
. The impact of the City's wellfield withdrawals on existing legal users;
. The impact of the City's eastern wellfield on the regional system and the amount of
pumpage by the eastern wellfield that will not induce additional seepage from the E-4 canal;
. The City's reclaimed water users and the extent to which the City could obtain credit
(additional water) for existing and future reclaimed water use;
. The potential recharge of the eastern welliield with public access reuse water; and
. Proposed welliield pumping modifications including potential increased withdrawals from
the eastern wellfield due to shallowing up of wells.
This model was calibrated by SFWMD with at least 18 months of transient groundwater
elevation data (1990-1991). According to Section 1.7.5.2 entitled Modeling Data of the Basis of
Review (BOR) for Water Use Permit Applications in the SFWMD (dated 4/23/07), numerical
models should be calibrated to within :t 1 foot for at least three monitor wells distributed
randomly within the model domain for each month of the calibration period. The model
calibration will be verified by comparing the model-predicted groundwater elevations to
observed elevations for 18 months of more current (2004-2005) monitoring well data from at
least three closest wells to the Boynton Beach wellfields. Aquifer characteristics (horizontal
hydraulic conductivity and leakance) will be modified as necessary to meet the SFWMD model
calibration criteria.
In addition to the updated model calibration, the grid discretization in the vicinity of the City's
wellfields will be increased from 2,640 feet by 2,640 feet to approximately 250 feet by 250 feet to
better represent local groundwater level drawdowns in the vicinity of the City's surficial aquifer
wells to establish existing conditions.
In order to determine drawdown due to the withdrawals from the City's wellfields on the
adjacent other existing legal users and the cumulative draw down from all legal users'
pumpage, a series of groundwater flow modeling runs using the calibrated model will be
performed under the SFWMD BOR permitting requirements. The first group of simulations will
be performed to determine the cones of depression of the east and west wellfields using the
average pumpage for the 12 months prior to April 1, 2006 (converted to maximum month
pumpage), consistent with the Regional Water Availability Rule, as follows:
. SIMl - A baseline simulation is performed to simulate groundwater levels and flows
without any pumpage from City's wells and any other existing legal user wells. This
simulation is used to provide baseline groundwater levels for calculating drawdown from
each of the other pumping simulations.
. SIM2 - Continuous withdrawal from the Biscayne aquifer (Layer 3) using existing City
production wells with the equivalent maximum monthly withdrawal. This run determines
COM
3
NIOOOOlLRG1126.doc
the overall O.l-foot draw down cone of depression in the Biscayne aquifer and the existing
legal users within the cones of depression, as required by the SFWMD BOR.
. SIM3 - Continuous withdrawal using the existing City production wells and the existing
legal user wells within the cone of depression for 21 months. This simulation determines the
groundwater level draw down in any nearby wetlands due to existing legal users including
the City. Also, as part of this simulation, the model will be used to determine the maximum
amount of groundwater withdrawals that the City can pump from the eastern wellfield
without taking any additional water from the regional system.
In accordance with SFWMD calibrated model criteria, the pumping will be simulated using 21
monthly stress periods that represent an average and a 1-in-l0 year drought conditions. The
model-predicted groundwater level draw down at the end of the 1-in-l0 year drought rainfall
year (May) will be used to establish if there is any additional water available to the City due to
reductions in irrigation use from the surficial aquifer. Therefore, the following conditions will
be simulated with the calibrated model to evaluate:
. Potential additional water withdrawals associated with supplying current surficial aquifer
irrigation users with reclaimed water;
. Potential additional water withdrawals associated with supplying future irrigation users
with reclaimed water; and
. Potential additional water withdrawals associated with recharge of the wellfield(s) with
reclaimed water.
Due to the proximity of the surficial aquifer wellfields to Lake Worth Drainage District Canals
(LWDD), additional withdrawals from the City's wells could induce additional seepage from
the L WDD canals and the regional system. Therefore, it will be necessary to quantify the offsets
to the regional system due to supply of reclaimed water from the City to existing irrigation
users. Presently, water from the regional system is diverted to the canal network in southern
Palm Beach County for the purpose of recharging the surficial aquifer system and to help
maintain relatively constant groundwater elevations in this area. There are existing water user
permits for irrigation use within the cone of depression of the City wellfields that can be
replaced with reclaimed water. Supply of reclaimed water from the City to the irrigation users
will reduce groundwater withdrawals from the surficial aquifer, which is recharged by water
from the regional system.
CDM will use the calibrated groundwater flow model for these simulations. The next group of
modeling simulations will be performed to determine the impacts to the regional system due to
the use of reclaimed water for irrigation purposes, as follows:
. SIM4 - The City wells will be pumped at its existing (12 months prior to April 1, 2006) rates.
All the existing legal user wells including the irrigation wells will be pumped during this
simulation.
COM
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N \OOOOlLRG1126 doc
. SIMS - This simulation will be the same as SIM4, except the irrigation wells within the cone
of depression will not be pumped during this simulation.
. SIM6 - The City wells will be pumped at an increased rate that does not pull additional
water from the regional system. The increased withdrawals will be distributed among the
eastern and western wellfield wells. Irrigation well pumping within the cone of depression
will not be included in this simulation. It is assumed that irrigation demand will be satisfied
by reclaimed water for this simulation.
A water balance analysis of all of the canals within the cone of influence will be performed to
determine the net outflow from the canals to the surficial aquifer system for each simulation.
Comparison of the change in net outflow values from the canals at the end of SIM4 and SIM6
will quantify the reduction or increase in flow from the regional system due to reductions in
irrigation pumping.
To quantify the possible credit associated with recharging the surficial aquifer in the vicinity of
the eastern wellfield, an additional simulation will be performed as follows:
. SIM 7 - To evaluate the potential additional water withdrawals associated with only
recharging the surficial aquifer wellfields with reclaimed water, one additional simulation
(SIM 7) will be performed. For SIM 7, recharge will be applied to specific areas in close
proximity to the production wells. Any additional water from replacing irrigation water
users with reclaimed water will not be included in this simulation. Again, the production
well pumping will be increased to the point that no additional seepage from the LWDD
(including the E-4 Canal) and the regional system occurs as a result of the City's increased
pumping.
A water balance analysis of all the canals within the cone of influence will be performed to
determine the net outflow from the canals to the surficial aquifer system for SIM7. Comparison
of the change in net outflow values from the canals at the end of SIM4 and SIM7 will quantify
the reduction in flow from the regional system due to recharging the surficial aquifer with
reclaimed water. Particle tracking will also be used to qualitatively evaluate the fate of the
applied recharge.
To quantify the possible credit associated with recharging the surficial aquifer in the vicinity of
the eastern wellfield and to determine the impacts to the regional system due to the use of
reclaimed water for irrigation purposes, one simulation will be performed as follows:
. SIM 8 - To evaluate the potential additional water withdrawals associated with recharging
the surficial aquifer wellfields with reclaimed water and due to replacement of irrigation
users with reclaimed water, one additional simulation (SIM 8) will be performed. This is a
combination of SIMs 6 and 7. For SIM 8, recharge will be applied to specific areas in close
proximity to the production wells. Also, irrigation well pumping within the cone of
depression will not be included in this simulation. It is assumed that irrigation demand will
be satisfied by reclaimed water for this simulation. Again, the production well pumping will
be increased to the point that no additional seepage from the LWDD (including the E-4
Canal) and the regional system occurs as a result of the City's increased pumping.
CDIUI
5
N:\OOOOlLRG1126.doc
A water balance analysis of all of the canals within the cone of influence will be performed to
determine the net outflow from the canals to the surficial aquifer system for SIMS. Comparison
of the change in net outflow values from the canals at the end of SIM4 and SIMS will quantify
the reduction in flow from the regional system due to recharging the surficial aquifer with
reclaimed water and replacement of irrigation users with reclaimed water. Particle tracking will
also be used to qualitatively evaluate the fate of the applied recharge.
The approach to modeling and results of the modeling will be summarized in a technical
memorandum that will be submitted along with the WUP application package. CDM will meet
with SFWMD staff to verify that these are the correct approaches to modeling that will meet the
needs of the SFWMD staff.
The diameter of the pipeline from the Western surficial aquifer wellfield to the East Water
Treatment may be influenced by this analysis. If additional water can be withdrawn from the
wellfields at the East Water Treatment Plant by virtue of the upconing analysis and recharge
with reclaimed water, a smaller diameter pipeline may be justifiable with attendant reduced
costs.
Task 3 - Groundwater Modeling of the Floridan Aquifer
The primary objective of the Floridan aquifer groundwater modeling in Task 2 is to determine if
the City proposed withdrawals from the upper Floridan aquifer (UFA) over the next 20-years
will meet the SFWMD water resource evaluation criteria, which are set-forth in the SFWMD
BaR. For these purposes, CDM will utilize an uncalibrated model, consistent with the SFWMD
BaR, as follows:
The use of numeric models such as MOD FLOW without calibration is acceptable under the
following configurations: (1) The model represents the aquifer or aquifer system as no more than
two layers; (2) Each layer uses a single value for transmissivity/ permeability, storage/storativity,
and a single value leakance is used between layers; (3) The simulation time is 90, days with no
recharge; and (4) surface water features are not represented. The modeling shall include separate
runs using the highest and lowest measured values for transmissivity/permeability,
storage/storativity and leakance from the region, based on published data and pump test values
calculated as described above. The selected high and low aquifer values will be approved provided
they significantly overestimate the withdrawal impacts that would occur on the site.
The uncalibrated MOD FLOW groundwater flow (hydraulic) model is proposed for use in
evaluation of withdrawals from the City's western wellfield. Modeling will be simplified to two
layers, and the layers will be characterized by homogeneous hydraulic properties (head,
hydraulic conductivity, and storativity) for the wellfield. These properties will be found from
the closest aquifer performance tests (APTs) conducted within the upper Floridan aquifer from
the SFWMD DBHydro database to the wellfield, and made available to CDM. Data compilation
will begin with definition of the physical and hydraulic characteristics and aquifer uses. It is
assumed that the vertical boundaries of the hydraulic model will be the top of the upper
Floridan aquifer (elevation of approximately -900 feet NGVD) and the base of the middle
Floridan aquifer (elevation of approximately -1,600 feet NGVD) (Reese & Memberg, 1999).
CDtJI
6
NIOOOOlLRG1126 doc
The model will be used to determine if groundwater level drawdown associated with the City
pumping from the Floridan aquifer at a rate of 10 mgd (sufficient to produce 8 mgd of product
water) will interfere with other existing legal users. The following conditions must be evaluated
with the model:
1. Pumping of City's UFA wells at their maximum month pumping rate with 90 days no
recharge. This will define the existing legal user wells within the City's 1.0-feet cone of
depression.
2. Pumping of the UFA existing legal user wells at their maximum month rate with 90 days no
recharge. This simulation is used to establish existing drawdown in the UF A.
3. Cumulative pumping (City and adjacent legal users at maximum month permitted
withdrawals) under 90 days no recharge. The purpose of this simulation is to evaluate
cumulative draw down in the UF A.
COM will evaluate the cumulative groundwater level drawdown impacts to determine if the
City proposed withdrawals from the UF A will meet the SFWMD water resource evaluation
criteria. COM will prepare the maps to show the groundwater drawdown in the UF A under
different conditions. These maps will be included in a technical memorandum describing the
groundwater model that is used, a description of the simulations performed, and the results of
the modeling. This technical memorandum will be used to support the withdrawal allocation
requested from the SFWMO.
Subtask 3.1 - Assist the City in Locating Floridan Aquifer Well Sites
In order for the City to produce 8 mgd of product water from the Floridan aquifer,
approximately 10 mgd of raw water from the Floridan aquifer will be required. Assuming that
each well will produce approximately 2 mgd, five Floridan aquifer wells will be required. One
additional well will be required as a standby well, for a total of six Floridan aquifer wells. The
City has requested that CDM assist in finding new Floridan aquifer well sites in the vicinity of
the western wellfield. According to the Potable Water Supply Strategy, five parcels exist near
the West WTP that should be considered as future well sites. These are:
. Boynton Beach Municipal Golf Course;
. Old Boynton Beach Sanitary Landfill;
. Cypress Creek Country Club;
. Saint Vincent DePaul Seminary; and
. West Water Treatment Plant.
CDM will evaluate new well sites based on the availability of rights-of-way and public lands, as
well as the results of modeling and draw down analyses. As indicated by the Water Supply
Strategy, an attempt shall be made to keep all of the wells within one general area.
COM
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NIOOOOlLRG1126.doc
Task 4 - Prepare and Submit the Water Use Permit Application
CDM will prepare a permit application report for review and comment by the City. The report
will be organized to follow the requirements of Form 0645-W01.
CDM will incorporate City comments into the draft permit application report and will then
provide four (4) copies to the SFWMD and four (4) copies to the City. The permit application
report will contain the completed Form 0645-WOl (Water Use Permit Application Form (RC-IA,
RC-IW, and RC-IG) for all water uses except dewatering or construction dewatering), and all
figures and documents required.
Task 5 - Request for Additional Information (RAI)
Due to the complexity and scale of a permitting 20-year WUP, a request for additional
information (RAI) from SFWMD is most likely. Under this task, CDM will prepare and submit a
response to one (1) SFWMD RAI in support of the permit application. CDM will prepare the
RAI responses for review and comment by the City. CDM will incorporate the City comments
and provide four (4) copies to the SFWMD and four (4) copies to the City. CDM will prepare
and submit responses to additional SFWMD RAI(s) in support of the City permit application
under a separate budget. This task may also include a meeting with SFWMD WUP staff. This
meeting will identify any concerns that the SFWMD may have and any additional data that may
be needed in support of the permit application.
Task 6 - Regulatory Meetings
Included in this task are up to three (3) meetings with regulatory agencies as follows. A meeting
will be held between the City, CDM, and SFWMD, to discuss the permit modification. This
meeting with SFWMD staff will be held to discuss specific requirements of the modeling effort
as detailed in Task 2 and to review the final details of the application. A meeting will be held
behveen the City, CDM, and the Florida Department of Environmental Protection (FDEP) to
discuss the feasibility and permitting requirements for recharge of the wellfield(s) through the
use of Rapid Infiltration Basins (RIBs). This meeting would be considered a pre-application
meeting for any wastewater permit modifications that would be associated with the installation
of the RIBs. This scope of services, however, does not include any permitting through FDEP of
the RIBs or any other reclaimed water users. A third meeting will be held on an ad-hoc basis to
discuss the request for additional information after the application is submitted.
Task 7 - Project and Quality Management
CDM shall provide administrative functions required to manage the project elements including
schedule and budget. Specific activities shall include but not be limited to the following:
. Project Update Meetings - CDM's project manager shall prepare for and hold monthly
status meetings with the City throughout the life of the project. More frequent meetings may
be held from time to time as required.
. Quality Assurance (QA)jTechnical Review - CDM shall maintain a program of QA on this
Project. CDM shall provide internal review of the permit modification application, including
all modeling documents associated with the application, by a Technical Review Committee
(TRC), which shall consist of specialists within CDM's organization who are not otherwise
involved in the project.
CDNI
8
N IOOOOlLRG1126 doc
. Preparation of Status Reports - CDM's project manager shall prepare monthly written
progress reports summarizing activities completed, work remaining, and identifying any
problems, which are ongoing or may be anticipated.
V. ASSUMPTIONS
The City shall provide the following contributions to the work order unless otherwise available
through public resources:
. Electronic copies (spreadsheets) of well construction, well survey, and pump data;
. Status of water supply wells listing which wells are existing versus proposed; City owned
land in the vicinity of the western wellfield; City rights-of-way in the vicinity of the western
wellfield;
. Well pumping rates and groundwater quality by well (on a semi-annual basis) for the last 10
years not on file with CDM and copies of existing operating permits and the current Water
Use Permit. Data reported on the SFWMD Monthly Pump age Reports would be the most
useful. Electronic versions of these data are preferred;
. Historic treated water use data for the last 10 years by month. Data must be of sufficient
detail to determine the maximum daily pumping rate for each month;
. A copy of any agreement with other utilities regarding interconnections or water purchase;
. Population projections and land use types through 2027;
. City corporate limit, service area, land use, and zoning maps. If available, an electronic copy
of the mapS (AutoCAD) is requested;
. A recent copy of aerial photographs covering the City. If available, an electronic copy of the
photographs is requested;
. A copy of the most recent version of the City's Comprehensive Development Plan;
. A copy of the most recent Water Conservation Plan;
. The locations and groundwater elevation data for any surficial aquifer monitoring wells
used by the City;
. The APT test results near the City wellfields, if available;
. The locations, construction data, and water quality data for monitoring wells associated
with the City's Salt Water Intrusion Monitoring (SALT) program; and
. The permit application fee ($11,500) for submittal to SFWMD. The fee is not included in this
work assignment.
COM
9
N\OOOOlLRG1126.doc
VI. COMPENSATION FOR SERVICES
The compensation for the work set forth in this Work Order for Tasks 1 through 7 shall be a
lump sum amount of $247/000.00. This fee does not include the WUP application processing fee
required by SFWMD. CDM shall submit monthly invoices to the City. Payments for the lump
sum fee(s) shall be based on percent complete of the project, as supported by written monthly
status reports.
CDNI
10
N\OOOOlLRG 1126 doc
Summary of Proposed Fees
Labor Cost:
Task 1 - Data Collection and Field Inspections
Task 2 - Groundwater Modeling of the Surficial Aquifer
Task 3 - Groundwater Modeling of Floridan Aquifer
Subtask 3.1 - Assist the City in Locating New Floridan Aquifer Well Sites
Task 4 - Prepare and Submit the Water Use Permit Application
Task 5 - Requests for Additional Information
Task 6 - Regulatory Meetings
Task 7 - Project and Quality Management
Subtotal:
Expense Cost:
Task 1- Data Collection and Field Inspections
Task 2 - Groundwater Modeling of the Surficial Aquifer
Task 3 - Groundwater Modeling of Floridan Aquifer
Subtask 3.1- Assist the City in Locating New Floridan Aquifer Well Sites
Task 4 - Prepare and Submit the Water Use Permit Application
Task 5 - Request for Additional Information
Task 6 - Regula tory Meetings
Task 7 - Project and Quality Management
Subtotal:
$ 12,000.00
$120,000.00
$ 50,000.00
$ 10,000.00
$ 25,000.00
$ 7,500.00
$ 8,000.00
$ 2,500.00
$ 235,000.00
$ 2,000.00
$ 3,000.00
$ 2,000.00
$ 2,000.00
$ 1,000.00
$ 1,000.00
$ 250.00
$ 750.00
$ 12,000.00
Total Cost: $247,000.00
CDNI
11
N:\OOOOILRG1126.doc
VII. DELIVERABLES
. CDM will prepare a draft permit application report for review and comment by the City.
. CDM will provide four (4) copies of the final permit application to the SFWMD and four (4)
copies to the City.
. CDM will prepare and submit a response to one (1) SFWMD RAI in support of the permit
application.
VIII. PROTECT SCHEDULE AND COMPLETION DATES
The duration and completion times of all tasks are summarized as follows:
Task
Time to Complete from Notice to Proceed (Working Days)
Task 1 - Data Collection and Field Inspections 90
Task 2 - Groundwater Modeling of the Surficial Aquifer 120
Task 3 - Groundwater Modeling of Floridan Aquifer 90
Subtask 3.1 - Assist the City in Locating New Floridan Aquifer Well Sites 90
Task 4 - Prepare and Submit the Water Use Permit Application 150
Task 5 - Request for Additional Information 240
Task 6 - Regulatory Meetings 30
Task 7 - Project and Quality Management 240
The project as described above will be completed 240 working days from the time a notice to
proceed is received.
File: OOOO-DLCNB-MG.BB
CONI
12
NIOOOOILRG1126 doc
o'd,~:",..~~""~,,,--;';;_""'~""~#li~""","!<'<.'".',"
CDM shall not commence work on this Work Order as approved by the City to include as part
of the Agreement referenced above without a written "Notice to Proceed" from the Director of
Utility Services.
APPROVED BY:
CITY OF BOYNTON BEACH
By:
Kurt Bressner
City Manager
Dated this _ day of
2007
SUBMITTED BY:
CAMP DRESSER & MCKEE We.
By:
~{ctQ21
David 1. Collins, P.E., BCEE
Associate
Dated this ~day of
~ n -<....
2007
CONI
13c:IDocuments and SettingsldemeloaclLocal SettingslTernporary Internet Files\OLKBILRG1126.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\-l
VI.-CONSENT AGENDA
ITEM C.g.
Requested City Commission Date FlI1al Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Omee Meetin!1 Dates In to City Clerk's Office
D April 17,2007 April 2, 2007 (I'<oon) D June 19,2007 June 4, 2007 (Noon I
D May 1, 2007 April 16, 2007 (Noon) C8J Julv 3 2007 June 18.2007 (I\oon)
D May 15,2007 Apnl 30. 2007 (Noon) D July 17.2007 July 2.2007 (Noon)
D June 5. 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noun)
D Ann 0 uncements/Presentati on s D City Manager's Report
NATURE OF 0 Administrative D New Business
AGENDA ITEM C8J Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION:
Approve the Planning Funding Agreement with Nextel Operations, Inc.
EXPLANA nON: In 2004 the Federal Communication Commission issued an order that frequency
allocations in the 800 MHz band be reconfigured in order to insure that cell phone companies using the
frequency do not interfere with public safety and local government subscribers using adjoining
frequencies in the same band. The order requires that the cell phone companies assume the cost of "re-
banding", replacement of the government radios in order to provide a larger separation of frequencies
within the band. In our case, Nextel is responsible to pay the expenses associated with the re-banding.
This agreement with Nextel provides for funding a plan of action that will be formulated by Motorola
and will include the re-banding of public safety radios and the replacement of those hand-held units
utilized by other components of city government. The plan will also include the re-tuning of dispatch
consoles and the reconfiguration of our broadcast towers in order to allow city government to operate on
the newly assigned frequencies.
The agreement also requires Nextel to pay the legal fees, consultant fees and administrative costs
associated with the project.
PROGRAM IMPACT: Enhancement of the city's current radio system and compliance with government
orders to operate on newly assigned frequencies.
FISCAL IMPACT: There are no costs to the city associated with this project.
AL TERNA nVES, None. Re-banding is required by order of the ~~
pa11ment Head's Signature City Manager's Signature
RMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
:\ssistant to City Manager ..~
Department Name
City Attorne) Finance
S\L3ULlErlJ\!\.FOR0.1S\i\GENDA ITE1\1 REQtJEST rORtvl.DOc
1
2 RESOLUTION NO. R07-
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
6 EXECUTION OF A PLANNING FUNDING AGREEMENT
7 WITH NEXTEL OPERATIONS, INC; AND PROVIDING AN
8 EFFECTIVE DATE.
9
10 WHEREAS, in 2004 the Federal Communication Commission issued an order that
11 frequency allocations in the 800 MHz band be reconfigured in order to insure that cell phone
12 companies using the frequency do not interfere with public safety and local government
13 subscribers using adjoining frequencies in the same band; and
14 WHEREAS, the Order requires that cell phone companies assume the cost of "re-
15 banding", replacement of the government radios in order to provide a larger separation of
16 frequencies within the band; and
17 WHEREAS, Nextel is responsible to pay the expenses associated with the re-banding;
18 and
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
21
22 being true and correct and are hereby made a specific part of this Resolution upon adoption
23 hereof.
24
Section 2.
The City Commission of the City of Boynton Beach, Florida does
25 hereby authorize execution of the Planning Funding Agreement with Nextel Operations, Inc.,
26 to provide for funding a plan of action that will be formulated by Motorola and will include
27 the re-banding of public safety radios and the replacement of those hand-held units utilized by
S:\cA\RESO\AgreementsIPlanning Funding Agreement - Nextel.doc
other components of city government, a copy of which is attached hereto as Exhibit "A".
2
Section 3.
This Resolution shall take effect immediately upon passage.
3
4 PASSED AND ADOPTED this _ day of July, 2007.
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
8
9 Mayor - Jerry Taylor
10
11
12 Vice Mayor - Jose Rodriguez
13
14
15 Commissioner - Ronald Weiland
16
17
18 Commissioner - Mack McCray
19
20
21 Commissioner - Carl McKoy
22 ATTEST:
23
24
25
26 Janet M. Prainito, City Clerk
27
28
29
30 (Corporate Seal)
S:\CA\RESOIAgreements\Plannmg Funding Agreement - Nextel.doc
CONFIDENTIAL
PLANNING FUNDING AGREEMENT
[800 MHZ RECONFIGURA TION]
This PLANNING FUNDING AGREEMENT ("Agreement") is made this _ day of , 2007,
by and between The City of Boynton Beach, a political subdivision ofthe State of Florida ("Incumbent"),
and Nextel Operations, Inc., a wholly owned indirect subsidiary of Sprint Nextel Corporation, a Kansas
corporation ("Nextel") having an address of 200] Edrnund Halley Drive, Reston, VA 20] 9]. Nextel and
Incumbent may be referred to collectively in this Agreement as the "Parties."
RECITALS:
A. On August 6, 2004, the Federal Communications Commission ("FCC") issued a report
and order to reconfigure the frequency allocations in the 800 MHz band ("Reconfiguration"), including
frequency allocations on which Incumbent and Nextel are currently authorized to operate (respectively,
the "Incurnbent Frequencies" and "Replacement Frequencies").
B. On Decernber 22, 2004, the FCC issued a Supplernental Order and Order on
Reconsideration. The August 6, 2004 and December 22, 2004 FCC orders, any binding actions issued by
the Transition Administrator pursuant to its delegated authority under the orders ("Actions"), and any
supplemental FCC orders in the Reconfiguration proceeding or subsequent Actions after the date of this
Agreement, are co llectiveIy referred to as the "Order."
C. Pursuant to the Order, Nextel and Incumbent intend to enter into a 800 MHz Frequency
Reconfiguration Agreement ("Reconfiguration Agreernent") that will define the Parties' respective
obligations regarding the Reconfiguration, including without limitation Nextel's obligation to pay for
reasonable costs incurred in effecting the Reconfiguration.
AGREEMENT:
1. Plannint! Cost. In order to facilitate negotiation ofthe Reconfiguration Agreernent involving
the license(s) for the Incumbent Frequencies granted by the FCC as identified in Schedule A
(the "Incumbent Licenses") and in accordance with the work described in the Statement of
Work attached to this Agreernent as Schedule B, Nextel will pay the cost of the planning
activities identified on Schedule C attached hereto ("Planning Cost") in an amount not to
exceed the Planning Cost estimate set forth on Schedule C ("Planning Cost Estimate"). All
Planning Costs incurred for internal labor must be consistent with the Transition
Adrninistrator Incumbent Labor Rate Reimbursement Policy as set forth at www.800TA.org.
The planning activities and deliverables identified in Schedule B will commence upon
execution by both Parties of this Agreement ("Agreement Execution") and will be completed
no later than one hundred and twenty (120) days following Agreement Execution.
2. Payment Terms. Nextel will make payments in accordance with the payment terms
identified on Schedule C for both payments made directly to Incumbent and payments made
on behalf of Incumbent directly to each third party vendor or service provider identified on
Schedule C ("Planning Vendor'').
3. Confidentialitv. The terms of this Agreement, any confidential information disclosed in
connection with this Agreement and any proprietary, non-public information regarding the
Incumbent Frequencies, Replacement Frequencies, Nextel's business and Incumbent's
business must be kept confidential by the Pal1ies and their employees, shareholders, agents,
attorneys and accountants (collectively, "Agents"), which confidentiality will survive the
DC-913871 vi 0307401-0123
Closing or termination of this Agreement for a period of two (2) years. Ihl.: Parties ma:-
make disclosures as required by law, to the Transition Administrator and to a Planning
Vendor (but only to the extent that such disclosure specifically relates 10 that Planning
Vendor's work and costs under this Agreement (as identified on Schedule C)) as required t(l
perform obligations under this Agreement provided. however. that each Party will causc all
of its Agents to honor the provisions of this Section. NexteL Incumbent and their respective
Agents may make disc losures regarding the terms of th is Agreement to other pub I ic safet:-
licensees and their Agents. Each party involved in such disclosures shall cause all uf ih
Agents to confine the disclosure of the terms of this Agreement to onl:- public sall:t\
licensees and will advise the party to whom the disclosure was made, to limit funher
disclosure to only public safety licensees in accordance with the FCC Order. \\'1 Docket \"
02-55. adopted January 8. 2007.
4. Review Ri2:hts. In order to enable the Transition Administrator to comply with its audit
obligations under the Order, Incumbent agrees to maintain records and other supporting
evidence related to the costs that Incumbent has expended in connection with planning
activities related to the Reconfiguration and that Nextel has paid or will pay to Incumbent
pursuant to this Agreement Incumbent agrees to maintain such records and make them
reasonably available to the Transition Administrator for review or reproduction until twenty-
four (24) months after Closing, as defined in Section 7. or for a longer period if Incumbent.
for its own purposes. retains such records for a longer period of time. As used in this
provision, "records" includes books. documents, accounting procedures and practices and
other data regardless of type and regardless of whether such items are in written form, in the
form of computer data or in any other form.
5. Chan2:es. If either Pmiy believes that a change to the planning activities contemplated by the
Planning Cost Estimate is required (including changes by Planning Vendors), such Pm1y will
promptly notify the other Paliy in writing. Such written notice (the "Planning Funding
Changc Notice") shall set forth (i) a description of the scope of the change believed to be
necessary and (ii) an estimate of any increase or decrease in the Planning Cost Estimate and
in the time required to finish planning for the reconfiguration of Incumbent's existing
facilities. A Party receiving a Planning Funding Change Notice shall imrnediately perform its
own analysis of the need for and scope of the change and its impact on the Planning ((1St
Estimate and schedule and negotiate the change in good faith with the other Pal1y. A ner the
Parties have agreed upon a change to this Agreement. they shall prepare a proposed
amendment to this Agreement pursuant to Section 13 and submit to the Transitio!l
Administrator a copy of the proposed amendment togethcr with a vvTitten request ('l)i' its
approval. Such request shall be accompanied by reasonable documentation supporting the
need for and scope of the change and any proposed increase or decrease in the Planning Cos1
Estimate and in the time required to finish planning for the reconfiguration of Incumbent',
existing facilities. Incumbent is responsible i~)r all changes necessary as it relates W \\mk
performed by a Planning Vendor on behalf of Incumbent. No change to the Planning Cost
Estimate. the planning activities contemplated by the Planning Cost Estimate or the t 1111e
required to finish planning tl1r the Reconfiguration or Incumbent's existing facilities shall
become effective until the Transition Administrator has approved the change in \\Titin," ami
both Parties have signed an amendmel1t il1corporating such approved change 111111 thi,
Agreement pursuant to Section 13.
6. Disputes. The Parties agree that any dispute related to Nextel's obligation to pay the co"t l)j
any planning activities related to the Reconfiguration of Incumbent's system contemplated h\
Page 2 l11' 2 I
this Agreement, which is not resolved by mutual agreement, shall be resolved in accordance
with the dispute resolution provisions of the Order, as it may be amended from time to time.
7. Closinl!. The closing ("Closing") of the transactions contemplated by th is Agreement wi II
take place after delivery by Incumbent to Nextel of: (i) all receipts, invoices and other
documentation required to substantiate the actual costs of the planning activities
contemplated by the Planning Cost Estimate ("Actual Planning Costs"), and certification that
any Actual Planning Costs incurred for internal labor are consistent with the Transition
Administrator policy on Incumbent Labor Rate reimbursement as identified at
www.800TA.org; and (ii) a copy of all deliverables required to be delivered pursuant to the
Statement of Work. Prior to Closing, Incumbent will submit to Nextel documentation
(including without limitation invoices. receipts, and timesheets or equivalent documentation)
demonstrating the Actual Planning Costs. Upon receipt by Nextel of documentation of the
Actual Planning Costs, Nextel and Incumbent will reconcile the Actual Planning Costs
against the payments made by Nextel to Incumbent pursuant to this Agreement and the
Parties will agree upon the amount of any additional payments due to Incumbent or any
refunds due to Nextel.
8. Reconciliation. The effective date of agreement on reconciliation of the Actual Planning
Costs and signing of the Closing documents by both Parties is considered the "Planning
Funding Reconciliation Date." Any additional payments due to Incumbent from Nextel will
be disbursed to Incumbent within thirty (30) days of the Planning Funding Reconciliation
Date, provided the additional payrnents do not result from Actual Planning Costs that exceed
the Planning Cost Estimate. Any refunds due to Nextel from lncumbent will be made within
thirty (30) days of the Planning Funding Reconciliation Date. In the event Incumbent's
Actual Planning Costs exceed the Planning Cost Estimate, lncumbent must submit a Planning
Funding Change Notice pursuant to Section 5 of this Agreement describing the change in
scope of work that resulted in Incumbent's Actual Planning Costs exceeding the Planning
Cost Estimate. Approval of any Planning Funding Change Notice will not be automatic but
will be processed in accordance with Section 5 of this Agreement. Additional payments due
to Incumbent, which result frorn an excess of Actual Planning Costs over the Planning Cost
Estimate, as agreed on the Planning Funding Reconciliation Date, will be disbursed to
Incumbent within thirty (30) days of the Transition Adrninistrator's approval of a Planning
Funding Change Notice and execution by both Pariies of an amendment incorporating such
approved change into this Agreement pursuant to Section 13.
9. Vendor Performance Issues: Incumbent will select and contract directly with any vendor or
service provider performing the planning activities. Neither the Transition Administrator nor
Nextel will be responsible for, or assume the risk of any failure of that Planning Vendor to
perform its obligations under any contract entered into between Incumbent and such Planning
Vendor in connection with th is Agreement.
10. Termination. This Agreement rnay be terminated and the transactions contemplated by this
Agreernent abandoned: (i) by mutual consent of the Patiies provided in writing; (ii) for cause
by either Party upon material breach of the other Party, following a thirty (30) day period for
cure by the breaching Party following written notice of the breach or (iii) by Nextel in the
event of any Adverse Decision by any governmental entity of competent jurisdiction
affecting the Order. For purposes of this Agreement. an "Adverse Decision" means an order,
decree, opinion, repoli or any other form of decision by a governmental entity of competent
jurisdiction that results, in whole or pari. in a stay, remand, or reversal of the Order, or
otherwise in any revision to the Order that Nextel determines, in its sole discretion, to be
Page 3 of 21
adverse to its interests. In the event of termination due to an /\dverse Decision. 'Jextel 1\ II!
pay Incumbent for all costs incurred up to the date of termination.
11. Notices: All notices and other communications under this Agreement must be in writing and
will be deemed given (i) the same day if delivered personally or sent by t~1csilllilc: (il) the
next business day if sent by overnight delivery via a reliable express delivery service: or (iii i
after five (5) business days if sent by certified mail. return receipt requested. postage prepaid
All notices are to be delivered to the Parties at the following addresses:
!Ifto Incumbent to:
i City of Boynton Beach
I G. Matthew Immler
1100 E Boynton Beac!~ B!\~d.
Boynton Beach. FL ,)_14.))
'561-742-6101
i mmlenn!2Vci. bovnton-beach .n.us
- .
With a copy that shall not constitute Notice:
Gary Resnick
Attorney at Law
401 E. Las O]as Boulevard
Suite 1850 P.O.BOX 2328 (33303-9998)
Fort Lauderda]e. Florida 33301
Phone: (954) 761-8111
Fax: (954) 761-8112
G Resn ick@Gray-Robinson.com
Page 4 of::: 1
i If to Nextel.to:
,
[ Nextel Operations. Inc.
I c/o Sprint Nextel Corporation
i :::000 Edmund Hal]ev Drive
Reston. Y A 20191
Attn: {'leather P. Brown, Esq.
Phone: (703)433-4000
Fax: (703) 433-4483
With a copy that shall not constitute Notice
Sprint Nextel Corporation
6575 The Corners Parkway
Norcross, GA 30092
Attn: Wi]liam Jenkins, YP. Spectrulll
Resources
Phone: (770) 326-7484
Fax: (678) 405-8252
And a copy that shall not constitute !\ioticc
to:
Sprint Nextel Corporation
Attn: Rob Easton. Director. Spectrum
Development
114 Coronation Circle
Bountiful. UT 84010
Fax: (801) 296-6556
Phone: (801 ) 294-4810
12. Assil!nment: This Agreement is binding upon and inures to the benefit of the Parties and
their respective successors and permitted assigns. Either Party may assign this Agreement to
any direct or indirect subsidiary or affiliate of the Party, upon delivery of written notice to the
other Party.
] 3. Amendments: This Agreement, including without limitation the scope of the planning
activities contemplated hereby and the Planning Cost Estimate thereof to be paid by Nextel,
may be amended or modified only by a written instrument signed by authorized
representatives of both Parties, provided, however, no amendment or modification to this
Agreement shall become effective until approved by the Transition Administrator.
14. Benefits: This Agreement is for the benefit of the Parties and their successors and permitted
assigns, and nothing in this Agreement gives or should be construed to give any legal or
equitable rights under this Agreement to any person or entity, other than (i) the successors
and assigns of the Patties, and (ii) the Transition Administrator as specifically provided for in
Sections 3, 4,5,8,9 and 13.
] 5. Miscellaneous: If any provision(s) of this Agreement is held in whole or part, to be invalid,
void or unlawful by any administrative agency or court of competent jurisdiction, then such
provision(s) will be deemed severable frorn the remainder of this Agreement, will in no way
affect, impair or invalidate any other provision contained in the Agreement and the Parties
will use their cornmercially reasonable efforts to amend this Agreement to rnake the unlawful
provision compliant with applicable law so as to preserve the rights and obligations of the
Parties. No action taken pursuant to this Agreement should be deerned to constitute a waiver
of compliance with any representation, warranty, covenant or agreernent contained in this
Agreement and will not operate or be construed as a waiver of any subsequent breach,
whether of a similar or dissimilar nature. This Agreement, together with the Schedules,
constitutes the entire understanding and agreement between the Parties concerning the subject
matter of this Agreement, and supersedes all prior oral or written agreernents or
understandings. This Agreernent is governed by the laws of the State of Florida without
regard to conflicts of law principles thereof. This Agreement may be executed in one or more
counterparts, including by facsimile, which will be effective as original agreements of the
Parties executing the counterpart.
In consideration of the mutual consideration set forth herein, this Agreement is effective as a
legally binding agreement between the Parties upon execution by the Parties.
IN WITNESS WHEREOF, the Palties have caused this Agreement to be executed by their duly
authorized representatives.
INCUMBENT
City of Boynton Beach, FL
NEXTEL: Nextel Operations, Inc.
By:
By:
Name: Kurt Bressner
Name:
Title: City Manager
Title:
Page 5 of 21
SCHEDULE A
INCUMBENT LICENSE(S) IN VOL VED IN PLANNING ACTIVITIES
Page 6 or::: 1
SCHEDULE B
STATEMENT OF WORK
Start Date
End Date
Upon Agreement Execution
120 days from Agreement Execution
1.0 Svstem Description
The City of Boynton Beach has been operational since 1999 on the Motorola 800 MHz Smart Zone 3.0
system. The (City) provide Public Safety and Public Services voice radio system communications through
the 800 MHz spectral band; under authorization from the Federal Communications Cornmission (FCC).
The City of Boynton Beach currently has 5 channels and one radio frequency that require rebanding. The
City of Boynton is unique in the rebanding project, so much that we do not own NPSP AC channels, but
can access through Palm Beach County.
The City of Boynton Beach radio System supports approximately 750 active subscriber units (please note
that this unit projection is estirnated and subject to the final inventory assessrnent).
Table System Description:
Svstem Description
Number of mobile units used for day-to-day communications covered by this RFPF (used to calculate per
unit cost); include control stations and SCADA units 70
Number of portable units used for day-to-day communications covered by this RFPF 718
Number of channels covered by this RFPF (exclude channels not to be reconfigured) I
Number of sites to be inventoried under this RFPF 2
Page 7 of 2 I
2.0 F,'cQucncy Analysis
2.1 Co-channel Analysis
Motorola will quote and provide co-channel analysIs as requested b) Cit\ of Bovnton l:3each
2.2 Combine.' and Receiver Multi-coupler Suitabilitv
Motorola will evaluate the suitability of the licensee's existing combiner equipment impacted by
rebanding. Some combiners can readily be adjusted to the new rebanded frequencies, others
cannot. Depending on the condition of the equipment, readjustment may not be possible \vithout
risking damage to the combiner. In addition, signal loss (decreased coverage) may occur if the
new rebanded frequencies are spaced closer than the original frequencies. Combiner cable
requirements also need to be considered based on the Licensee's cutover plan.
Additionally, Motorola will analyze the impact the new frequency plan will have 011 Cit) ()j
Boynton Beach's existing multi-coupler systems and determine if retuning or replacement is
necessary. Motorola will evaluate these potential issues as part of the combiner suitabilit)
assessment.
2.3 Intermodulation Study
Motorola will perform inter-modulation study to identify possible harmful RF emISSions and
interactions at each site affected by rebanding. Motorola will provide a report and
recommendation to City of Boynton Beach. M If the proposed frequencies cannot be effectivel)
used at the appropriate sites, Motorola will notify City of Boynton Beach.
2.4 Other Frequency and Interference Analvsis
Motorola will quote and provide additional frequency analysis services as requested by Cily 01
Boynton Beach.
Frequency and Interference Analysis deliverables include:
Deliverables Estimated Date of CompletiOI
..-.,-
Channel Analysis report for reconfiguration proposal Nil'.
u
Combiner Suitability report for reconfiguration proposal 1.6 months after kick-off meeting
_...~_."--
Intermodulation analysis report for reconfiguration proposal I I .6 months after kick-off meeting
..
Page 1\ of::: I
Vendor Labor Table
Planning Cost Start End Labor Labor Cost Expenses Vendor
Category/Tasks Date Date Hours Rate Name
(Hrs x
Rate)
Frequency and
Interference Analysis
Co-channel Analysis
Combiner Suitability 4 $175.00 $700.00 Motorola
Intermodulation Study ]0 $175.00 $],750.00 Motorola
Other Frequency and
Interference Analysis
Total Vendor Cost 14 $2,450.00
3.0 Svstem Inventorv
3.1 Infrastructure Inventorv
Motorola will conduct an inventory of City of Boynton Beach's equipment. This inventory will
be used to determine the suitability ofthe equiprnent and systern design effort for rebanding.
Motorola understands the inventory and design effort will take place on an operational radio
comrnunications systern and that unplanned interruptions to dispatch operations are not
acceptable. Motorola, with its network of authorized service centers and/or third-party
subcontractors, will do everything possible to minimize disruption to dispatch operations. Any
required changes to daily operations will be planned in advance and agreed upon by City of
Boynton Beach and all applicable parties.
Based on this preliminary inforrnation about your system inventory listed below, a price was
developed for planning the system Rebanding process. This information is based on Motorola's
understanding of City of Boynton Beach's system. Any significant variance to this inventory
information which results in a scope of work or schedule change will need to be addressed via a
change order.
The inventory services are limited to the equipment specifically affected by rebanding for City of
Boynton Beach's system. Please refer to the System Description for unverified inventory
estimates.
3.2 Subscriber Inventol'V
Subscriber device inventories must similarly be examined to determine reconfiguratioll
requirements. If inventories are required, Motorola will inventory subscribers to elicit necessary
information. Customer provided inventories must also be able to provide the information outlined
below.
Page 9 of 2 I
For systems that only require Retuninl!., unit count and model families need to be specified 10
insure proper programming equipment and if any frequency determining elements need to he
ordered and priced.
For systems that require Reprm!ramminl!., Cjualltities of subscriber in each LlIl1ily must he
determined (i.e. 25ea XTS2500. 22ea XTS5000) and the number of programming stations Illust
be delineated to ensure proper number of Flash upgrade kits are specified
For Replacement units, the number of units to be replaced must be identified. along with their
corresponding replacement unit. In addition options such as battery type. dash or remote mount
and cable length must be specified. An accurate count of any accessories (six unit chargers.
speaker mics, etc.) will be required since they are exchanged on a one for one basis. ;\ sample
aud it wi II be performed when necessary on ce11ain subscri bers un its (MTS 2000. Astro Spectra
and Astra Saber) to determine the need for replacement.
System Inventory deliverables include:
Deliverables
Infrastructure inventory for reconfiguration proposal
Estimated Date of Completion
1.6 months after kick-off meeting
Subscriber inventory report for reconfiguration proposal
.6 months after kick-off meeting
Internal Labor Table
Planning Cost Start End Labor Labor Cost Expenses Labor
Category/Tasks Date Date Hours Rate Name
(HI'S x
Ra tel
System Inventory
Infrastructure Inventory
Subscriber Inventory
Total Internal Cost 3.5 562,44 $218.54
Page 10 of =. I
Vendor Labor Table
Planning Cost Start End Labor Labor Cost Expenses Vendor Name
Category/Tasks Date Date Hours Rate
(Hrs x Rate)
System Inventory
Infrastructure Inventory
Subscriber Inventory ]5 $148.00 $2,220.00 Motorola
Total Vendor Cost 26 $4,145.00
4.0 En2ineerin2/Imnlementation Plannin2
4.1 Interonerabilitv Plannin!!
The interoperability requirements are included in the System Description attachrnent at the end of
th is docurnent.
4.2 Site Reconfi2uration Plannin!!
Motorola will generate a Reconfiguration Design which will consist of at a rninimum method of
Procedures, cut over plans and system test plans.
4.3 Retune/Renro2ram/Renlace Determination
The 800 MHz fixed network equipment (FNE) and subscriber inventory must be audited to
determine if upgrades are required to the software, hardware and firmware in order to support the
new rebanding software. The assessment includes manufacturer inforrnation, software versions,
system platforrn release versions and hardware configuration, Results of the suitability
assessment and audit will determine what FNE will be retuned or reprogramrned or replaced and
the effort required performing this work
Page 1 I of 21
Engineering/Implementation Planning deliverablcs include:
Deliverables
-.----~I
Estimated Date of Completion
Interoperability plan section of recontiguration proposal
1.6 months after kick-ofl mecting
1.6 months after kick-off meeting
Develop Methods of Procedures for equipment to be reconfigured for
reconfiguration proposal
I Develop and document cutover and fallback plans to be Included In the
reconfiguration proposal
].6 months after kick-off meeting
Develop and document baseline and acceptance test plans
1.6 months after kick-offmceting
Suitability assessment repOli for inclusion in the
].6 months after kick-ollmeeting
Internal Labor Table
Planning Cost
Category/Tasks
Start End Labor Labor
Date I Date Hours Rate
Cost
Expenses
Labol" Name
---
(Hrs x
Rate)
Engineering/
Implementation Planning
Site Reconfiguration
Planning
----
- I
60
$3.746.40
City OJ'BOVll{OIl
lnteroperability Planning
Retune/Reprogram/
Replace Determination
12
$749.28
City of Boy17fO!7
Total Internal Cost
922
S5,744.48
Page 12 of 21
Vendor Labor Table
Planning Cost Start End Labor Labor Cost Expenses Vendor Name
Category/Tasks Date Date Hours Rate
(Hrs x Rate)
Engineering/
Implementation Planning
Interoperability Planning
Site Reconfiguration Planning 34 $] 75.00 $5,950.00 Motorola
Retune/Reprogram/ Replace 19 $175.00 $3,325.00 Motorola
Determination
Total Vendor Cost 58 $10,150.00
5.0 Le2'al Costs (Limited to attorney's fees, no proiect mana2'ement costs)
The law firm of Gray Robinson, P A will perform the following tasks to assist with the RFPF
developrnent and negotiations:
· Assist City staff with procedural issues related to completing and filing the RFPF
· Review and revise Sprint-Nextel's PF A template
· Legal consultation with the City related to the PF A
· Assist City with negotiations with Sprint-Nextel
· Negotiate terms of PF A with Sprint-Nextel
· Finalize PF A Agreement
· Work with City Attorney to present PFA to City Comrnission
Page] 3 of 21
Internal Labo," Table - PFA
Planning Cost
Category/Tasks
Sta rt
Date
End
Date
Labor
Hours
Labor
Rate
Cost
Expenses
Labor Name
PF A Negotiations
4
$80.00
Goren, Cherof
Dood.' & E::rol.
Citl' AttormT
Legal (PFA)
Legal work Re RFPF
I
I
I
I
I
-+-
16 i S8000
$ 1280.00
Goren, Chero!
Doocl.v & E::rol.
Cil. A tlOrm'\
. .
PF A Contract Review and
Finalize for City Approval
4
S80.00
5;320.00
Goren, Chero!
Doodv & E::ro!
Cill' A lIornC1
Total Internal Cost
Vendor Labor Table - PF A
Planning Cost
Category/Tasks
Start
Date
End
Date
Labor
Hours
Labor
Rate
Cost
Vendor
Name
Legal (PF A)
Assist City legal and
Procedural lssues with RFPF
PF A Negotiations
PF A Review. Revise and
Finalize
Total Vendor Cost
6.0 Proiect Mana!?:ement
In the event City of Boynton Beach operates on a 24-hour. 7-day per wee\.;. basis. then cliligel11
coordination to gain access to radio equipment will be required. It is understood that the effort
required to prepare the inventory and design may occur on different shifts and/or times during the
week. other than a normal 8:00 .~r'v1 to 5:00 PM business day. Weekend WOl'\.;. m;\\ also be ;1
Page] 4 ,11' 2 1
component of this effort. Working with City of Boynton Beach to ensure optimum cooperation
will be essential to effectively and efficiently execute the rebanding project.
City of Boynton Beach must provide reasonable access to all rernote site locations where fixed
station equipment is located. Any escort-required locations must be coordinated in advance by
City of Boynton Beach to facilitate access to restricted areas. Any required identification cards
must be provided by City of Boynton Beach to rebanding personnel as needed to work in any area
in which an authorized 10 card is required.
6.1 PFA Ne2:otiations
The Motorola Project Manager will oversee the project plan for the rebanding effort to ensure a
smooth execution of all deliverables and that the requirements of City of Boynton Beach are fully
met. The Project Manager wil! participate in all rnajor activities associated with the
reconfiguration planning activities described in this Statement of Work.
The Project Manager will coordinate with City of Boynton Beach, Motorola's MSS (Motorola
Service Station) and any subcontractor or other third-party organization participating in this work;
to keep this effort within the agreed upon schedule. Activities such as project meetings, obtaining
and evaluating subcontractor quotes, rnonitoring subcontractor and project team performance will
be perforrned by the Motorola Project Manager.
6.2 Ne2:otiations Support
Where needed, Motorola will review the details of the rebanding plan and assist with
clarifications which rnay be required frorn Sprint Nextel or the Transition Adrninistrator.
Project Management deIiverables include:
Deliverables Estimated Date of Completion
Supplemental report for channel 69 RF interference analysis 1.6 months after kick-off meeting
Execute Project Plan At the end of the project schedule
Page 15 of21
lnternal Labor Table
Planning Cost S ta rt End La bo r Labor Cost Labor
Category/Tasks Date Date Hours Rate Name
( H rs x
Rate)
Project Management
Planning Support
I Negotiations Support -;------r- 40 t S62 A4 $2,497.60
I
I
Total Internal Cost 52 $3,246.88
_L__~_
Vendor Labor Table
Planning Cost Start End Labor Labor Cost Expenses Vendor
Category/Tasks Date Date Hours Rate Name
(HI's x
Rate)
Project Management
Fixed Project Support
Variable Project Support 1",10tol'0/0
Negotiations Support 18 $175.00 iV/otom/a I
I
I
Total Vendor Cost $11,200.00 . '--j
I
..~~,
7.0 Other Deliverables include:
Oeliverables listed below are related to special considerations and / or related sub- systems
impacted by the reconfiguration of the licensec.s system.
Deliverables
Estimated Date of Completion
Supplemental report for Channel 69 RF interference
1(, 1110nth, after kick-oil ll1eet1lliC
Page] 6 of::: I
Internal Labor Table
Planning Cost
Category/Tasks
Start
Date
End
Date
Labor
Hours
Labor
Rate
(Hrs x
Rate)
Other (explain)
Channel 69 RF interference
analysis
Total Internal Cost
Cost
Expenses
Labor
Name
Vendor Labor Table
Planning Cost Start End Labor Labor Cost Expenses Vendor
Category/Tasks Date Date Hours Rate Name
(Hrs x
Rate)
Other (explain)
Channel 69 RF
interference analysis
Total Vendor Cost 8 $1,400.00
Vendor Contact Information:
Motorola
c/o Robyn Meceij
IL02-SW A2
1301 E. Algonquin Rd
Schaumburg, IL 60196
Phone: (847) 725-4850
Page] 7 of21
SCHEDULE C
800 MHZ RECONFIGURATION
PLANNING COST ESTIMATE CERTIFIED REQUEST
Incumbent's Name: City of Boynton Beach. FL
ReQuest for Planning Funding
Pursuant to the Order, Incumbent is required to reconfigure its existing facilities and requests Nextel to
fund the following estimated planning costs:
Incumbent Payment Terms: Nextel will pay Incumbent an amount not to exceed the Planning Cost
Estirnate for Incumbent with respect to each category of work. as set forth below. Nextel will pay
Incurnbent Five Thousand Eight Hundred Seventy-Seven Dollars and Fifteen Cents ($5.877.15) within 15
days (30 days if Incurnbent elects to be paid by check rather than electronic funds transfer) after receipt
by Nextel of the fully executed Agreement and fully completed Incumbent Information Form (as set f()rth
on Exhibit 1). Nextel will pay any outstanding balance of the Actual Planning Costs due to Incumbent
within 30 days after the Planning Funding Reconciliation Date (as "Actual Planning Costs" and "Planning
Funding Reconciliation Date" are defined in this Agreement).
Vendor Payment Terms: Nextel will pay each Planning Vendor an amount not to exceed the Planning
Cost Estimate for that Planning Vendor with respect to each category of work. as set fOlih below. Nextel
will pay each Planning Vendor within 30 days after receipt by Nextel of (A) an invoice from the Planning
Vendor and (B) Incumbent's approval of receipt of goods and services and approval of associated costs
included on the Planning Vendor invoice.
Description of Planning Work To Be Performed
Payee (separately identify
Incumbent and each
Planning Vendor being
paid for work performed)
Planning Cost Estimate for
Incumbent and each
Planning Vendor (Not to
exceed listed amount)
Legal- See Statement of Work Schedule B
City of Boynton Beach. FL
S 1.920.00
Grav Robinson. PA
SI3.300.00
Frequency Analysis .- See Statement of Work
Schedule B
Motorola
$2.45000
i __________~____.____ ______
System Inventory - See Statement of Work
Schedule B
Cit\ of Boynton Beach. FL
. .
5218.5-1
Iv101orola
$.+.I.+'OCl
Engineering and Implementation Planning -. See
Statement of Work Schedule B
Cit\ of Boynton Beach. FL
$".7'+4.'+8
\;10torola
S 12.486()()
Page I 8 of:2 1
Description of Planning Work To Be Performed Payee (separately identify I Planning Cost Estimate for
Incumbent and each Incumbent and each
, Planning Vendor being I Planning Vendor (Not to
I paid for work performed) I exceed listed amount)
!
Project Management - See Statement of Work I City of Boynton Beach, FL $3.246.88
Schedule B
Motorola $11.200.00
Other Costs (provide detailed description of nature : City of Boynton Beach, FL $624.40
of cost) - See Statement of Work Schedule B
Motorola $1,400.00
Total Estimated Planning Costs $56,735.30
Certification
Pursuant to the Order, Incumbent hereby certifies that the funds requested are the minimum necessary to
support the planning activities to provide facilities comparable to those currently in use. Incurnbent
fllJiher certifies, to the best of Incurnbent's knowledge, that any Planning Vendor costs listed on Schedule
~ are comparable to costs that Planning Vendor previously charged Incumbent for sirnilar work.
Signature:
Print Name:
Title:
Phone Nurnber:
E-mail:
Date:
Page 19 of 21
EXHIBIT 1
Incumbent Information
THE FOLLOWING QUESTIONS ARE REQUIRED FOR PROCESSING ELECTRONIC FUNDS
TRANSFERS. ALL INFORMATION CONTAINED HEREIN SHALL BE KEPT STRICTLY
CONFIDENTIAL AND WILL BE USED ONLY IN COMPLETION OF THE PLANNING FUNDING ANI)
FREQUENCY RECONFIGURATION TRANSACTION.
J. INCUMBENT INFORMA nON
Please provide the folhnving informal ion
C ompany/N ame:
Contact:
Address:
City/State/Zip:
Phone:
Fax:
Title:
ffnot identified in the contract, please provide the jc)l1owing.
If Incumbent is a Partnership, please provide name. address and phone numbers of all other partners:
Name: Name:
Address: Address:
City/State/Zip: City/State/Zip:
Phone: Phone:
II. BANK ACCOUNT INFORMATION (Required for payment via electronic funds transfer.)
Name of Bank:
Address of Bank:
City/State/Zip:
Bank Phone #:
ABA (Routing #):
Account #:
Name on Account:
Federal. State or Individual SS #:
Name of Brokerage Firm (if applicable):
Brokerage Account # (if applicable):
In the event Incumbent wil/not provide information for electronic funds transfer. Incumbent acknowledges that
all payments made by check wil/ he mailed witllin thirzl' (30) days of the date of performance required hy
Incumbent (for each payment) as stipulated in the Agreement.
Acknowledged by Incumbent:
on(y (f Incumbent does not want an electronicfllnds transfer)
(signature required
Page 20 of 2 ]
III. TAX INFORMA nON
The Internal Revenue Service and state tax authorities require Nextel to report all transactions, even if the
transaction is exempt from taxation (if so, it will be reported to the IRS as a like-kind exchange).
Therefore, it is necessary for Nextel to collect the information below. If you have specific questions
about your tax implications in this transaction, YOLl should consult your own accountant or financial
advisor.
Incumbent's Federal, State or Individual Tax ID #.
FEIN (Federal) or SSN (individuals):
State(s) - sales tax license, resale permit,
employment, etc.):
Local (if applicable):
Current State and County location for your
principal executive office:
If there has been more than one location for the
principal executive office within the past five (5)
years, list each SLlch City/County/State location:
I hereby acknowledge that all of the information provided herein is true and correct as of the date
signed below.
Incumbent Signature:
Print Name:
Title:
Date:
Page::; I of::; 1
VI.-CONSENT AGENDA
ITEM C.l0
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 17, 2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon)
D May 1,2007 April 16,2007 (Noon) ~ July 3, 2007 June 18,2007 (Noon)
D May 15,2007 April 30, 2007 (Noon) D July 17, 2007 July 2, 2007 (Noon)
D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16, 2007 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM ~ Consent Agenda D Legal
D Code Compliance & Legal Settlements D UnfInished Business
D Public Hearing D
RECOMMENDATION: Approve the Planning and Funding ReconfIguration Phase Agreement with Motorola Inc.
EXPLANATION: In 2004 the Federal Communications Commission issued an order that modifIed its rules governing the
800MHz band to minimize harmful interference to public safety communications systems. Pursuant to that Order, certain
licenses of 800 MHZ channels used in public safety or other systems must relinquish their existing channels and relocate their
systems to other licensed channels and Nextel must relinquish some of its existing channels and provide and pay relocation
funds to enable affected licensees to relocate their system onto Replacement Channels and reconfIgure their systems so that
they are comparable facilities. In our case, Nextel is responsible to pay the expenses associated with the re-banding. This
agreement with Motorola provides for funding a plan of action that will include the re-banding of public safety radios and the
replacement of those hand-held units utilized by other components of the city government. The plan will also include the re-
tuning of our dispatch consoles and the reconfiguration of our broadcast towers in order to allow city government to operate
on the newly assigned radio frequencies.
The FCC has appointed a transition Administrator ("T A") to assure that the re-banding initiative precedes
on schedule and in a planned and coordinated manner so that disruption to a licensee's system is minimized. In the TA's
published "Reconfiguration Handbook," the two major phases to accomplish the reconfIguration are described as the
"Reconfiguration Planning Phase" and the ReconfIguration Implementation Phase."
This agreement also requires Nextel to pay all the legal fees, consultation fees, and
administrative costs associated with the project.
PROGRAM IMP ACT: Enhancement of the city's current radio system and compliance with government orders to operate
on newly assigned radio frequencies.
FISCAL IMPACT: There are no costs associated to the city with this project.
De
S:\BULLETIN\FO
City Manager's Signature
ALTERNATIVES: None. Re-Banding is required by order of the FCC.
JA
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Department Name
Assistant to City Manager ~
\
"
--..,'\ "-
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
1 '
2 RESOLUTION NO. R07-
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
6 EXECUTION OF A RECONFIGURATION PLANNING
7 PHASE AGREEMENT WITH MOTOROLA, INC; AND
8 PROVIDING AN EFFECTIVE DATE.
9
10 WHEREAS, in 2004 the Federal Communication Commission issued an order that
11 frequency allocations in the 800 MHz band be reconfigured in order to insure that cell phone
12 companies using the frequency do not interfere with public safety and local government
13 : subscribers using adjoining frequencies in the same band; and
14 WHEREAS, pursuant to that Order certain licensees of 800 MHz channels in public
15 safety or other systems must relinquish their existing channels and relocate their systems to
16 other licensed channels (Replacement Channels) and Nextel must relinquish some of its
17 existing channels and provide and pay relocation funds to enable affected licensees to relocate
18 their system onto Replacement Channels and reconfigure their systems so that they are
19 comparable facilities; and
21
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
20
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
22
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25
Section 2.
The City Commission of the City of Boynton Beach, Florida does
26 I hereby authorize execution of the Reconfiguration Planning Phase Agreement with Motorola,
I
27 Inc., to provide for the reconfiguration planning phase of the re-banding of public safety
S:\CA\RESOlAgreements\Reconfiguration Planning Phase Agreement - Motorola.doc
II
radios and the replacement of those hand-held units utilized by other components of city
2 government, a copy of which is attached hereto as Exhibit "A".
3
Section 3.
This Resolution shall take effect immediately upon passage.
4
5 PASSED AND ADOPTED this _ day of July, 2007.
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10 Mayor - Jerry Taylor
11
12
13 Vice Mayor - Jose Rodriguez
14
15
16 Commissioner - Ronald Weiland
17
18
19 Commissioner - Mack McCray
20
21
22 Commissioner - Carl McKoy
23 ATTEST:
24
25
26
27 Janet M. Prainito, City Clerk
28
29
30
31 (Corporate Seal)
S:\CA\RESOlAgreements\Reconflguration Planning Phase Agreement - Motorola.doc
Reconfiguration Planning Phase Agreement
(Planning Phase Services Only; No Equipment, Software, or Implementation Phase Services)
Motorola, Inc. ("Motorola") and Boynton Beach, Florida ("Licensee"), whose main address is 100 East Boynton
Beach Boulevard, Boynton Beach, FL 33425, enter into this Reconfiguration Planning Phase Agreement
("Agreement"), pursuant to which Licensee will purchase and Motorola will sell the Reconfiguration Planning Phase
services described below. Motorola and Licensee may be referred to individually as a "Party" and collectively as
the "Parties." This Agreement is made with reference to the following recitals.
A. On August 6, 2004, the FCC issued Report and Order FCC 04-168 that modified its rules governing the
800 MHz band to minimize harmful interference to public safety communications systems. On December 22, 2004,
the FCC issued a Supplemental Order and Order on Reconsideration FCC 04-294. The August 6 and December 22,
2004 orders, and any supplemental orders the FCC issues, are collectively referred to as the "Order."
B. Pursuant to the Order, certain licensees of 800 MHz channels used in public safety or other systems must
relinquish their existing channels and relocate their systems to other licensed channels ("Replacement Channels");
and Nextel must relinquish some of its existing channels and must provide and pay relocation funds ("Relocation
Funds") to enable affected licensees to relocate their systems onto Replacement Channels and reconfigure their
systems so that they are "Comparable Facilities" (as defined below).
C. The FCC has appointed a Transition Administrator ("T A") to assure that the rebanding initiative proceeds
on schedule and in a planned and coordinated manner so that disruption to a licensee's system is minimized. In the
TA's published "Reconfiguration Handbook," the two major phases to accomplish the reconfiguration are described
as the "Reconfiguration Planning Phase" and the "Reconfiguration Implementation Phase."
D. Licensee has selected Motorola to provide Reconfiguration Planning Phase services.
For good and valuable consideration, the Parties agree as follows:
Section 1
DEFINITIONS
In addition to the defined terms above, capitalized terms in this Agreement have the following meanings:
1.1. "Comparable Facilities" means the Licensee's System (including the subscriber radio equipment) have the
same operational capabilities that existed before relocation, specifically (1) equivalent channel capacity; (2)
equivalent signaling capacity, baud rate, and access time: (3) coextensive geographical coverage; and (4) equivalent
operating costs.
1.2. "Confidential Information" means any information that is disclosed in written, graphic, verbal, or machine-
recognizable form, and is marked, designated, labeled or identified at the time of disclosure as being confidential or
its equivalent; or if the information is in verbal form, it is identified as confidential or proprietary at the time of
disclosure and is confirmed in writing within thirty (30) days of the disclosure. Confidential Information does not
include any information that: is or becomes publicly known through no wrongful or negligent act of the receiving
Party; is already known to the receiving Party without restriction when it is disclosed; is, or subsequently becomes,
rightfully and without breach of this Agreement, of any other agreement between the Parties or of any applicable
protective or similar order, in the receiving Party's possession without any obligation restricting disclosure; is
independently developed by the receiving Party without breach of this Agreement; or is explicitly approved for
release by written authorization of the disclosing Party. Notwithstanding the foregoing, Motorola recognizes that
Licensee is a governmental entity which is subject to the Public Records Law governing the production of records
pursuant to Florida Statutes, Section 119.07. Information which is not exempt from disclosure and is required to be,
and actually is, disclosed by Licensee, under such law or any resulting judicial order shall be considered excepted
from such obligations of confidential treatment, subject to the provisions of section 9.1.3 herein. The Parties do not
contemplate Licensee undertaking any obligations with respect to Confidential Information which are inconsistent
with such law, nor does this Agreement waive, reduce, or nullify any protections or exemptions accorded Motorola
Reconfiguration Planning Phase Services Agreement
Rev.8.17.06 revision: v3
Confidential Information from disclosure under any provision of such law or other Florida law. All usage of the term
"Confidential Information" in this Agreement shall be deemed to include these qualifications.
1.3. "Contract Price" means the price for the selected Reconfiguration Planning Phase services, excluding any
applicable sales or similar taxes.
IA. "Customer Suitability Assessment" means the initial assessment services performed by Motorola to
determine whether Licensee's System (infrastructure) is suitable for updating using the Motorola Software that has
been especially modified for purposes of the 800 MHz band reconfiguration.
1.5. "Effective Date" means that date upon which all Parties have executed this Agreement.
1.6. "Force Majeure" means an event, circumstance, or act of a third party (including Nextel and the T A) that is
beyond a Party's reasonable control. An act of God, the public enemy, a government entity, or another party
(including another party's failure to comply with the Order ); strikes or other labor disturbances; general
unavailability of necessary materials; hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, and riots are
examples of a Force Majeure.
1.7. "Motorola Software" means software in object code format that Motorola or its affiliated company owns,
including any releases or software kits to reprogram radios. This Agreement does not involve any source code.
1.8. "Proprietary Rights" means the patents, patent applications, inventions, copyrights, trade secrets,
trademarks, trade names, mask works, know-how, and other intellectual property rights in and to any documents
delivered by Motorola under this Agreement or any Motorola Software or equipment.
1.9. "Reconfiguration Planning Phase Services" means those services to be provided by Motorola to Licensee
under this Agreement; these services are described in the Statement of Work.
1.10. "Statement of Work" means the description of the work to be performed under this Agreement by the
Parties. The Statement of Work is set forth in 'Attachment A-2 and is incorporated herein by this reference.
1.11. "System" means the hardware and software products that comprise the Licensee's existing 800 MHz radio
communications system.
Section 2
SCOPE OF PLANNING PHASE SERVICES
2.1. SCOPE OF WORK. The Parties will perform their respective contractual responsibilities in accordance
with this Agreement. Any changes to this Agreement, including changes to the Statement of Work, must be in
writing and executed by both Parties. This Agreement sets forth the Parties' rights and responsibilities with respect
to each other concerning the agreed Reconfiguration Planning Phase activities only, and not the Reconfiguration
Implementation Phase activities (which, if applicable, will be governed by a separate Reconfiguration
Implementation Phase Agreement). Specifically, this Agreement does not involve the provision by Motorola of any
equipment, hardware, or software, or any services to reconfIgure the System or any part of it. This Agreement sets
forth the Parties' rights and responsibilities with respect to each other concerning only those Reconfiguration
Planning Phase activities covered by the Order, and not the sale of products or services (or any other activities) that
are not part of the 800 MHz Band Reconfiguration process. If the Parties wish to contract for these other activities,
they will do so pursuant to a separate contract.
2.2. MOTOROLA RESPONSIBILITIES. Motorola will provide the Reconfiguration Planning Phase Services
as described in the Statement of Work.
2.3. LICENSEE RESPONSIBILITIES. At the appropriate time, Licensee will submit its Request for Planning
Funding, any required certifications, and any amendments thereto (if applicable) to Nextel and the T A. For the
limited purpose of assisting Nextel and the T A to evaluate Licensee's Request for Planning Funding, Motorola
authorizes Licensee to (and Licensee will) provide to the TA and Nextel a copy of this Agreement, including the
exhibits and pricing, but such information is and remains Motorola Confidential and Proprietary as provided below
Reconfiguration Planning Phase Services Agreement
Rev.8.17.06 revision; v3
2
in Section 9. Licensee will employ reasonable efforts to assist Motorola in providing the Reconfiguration Planning
Phase services, and will provide reasonable access to Licensee's equipment, facilities, personnel and relevant
information. Licensee will designate a point of contact person.
2.4. LICENSEE-NEXTEL RELATIONSHIP. The TA's Reconfiguration Handbook indicates that Licensee and
Nextel will form a "Planning Funding Agreement" ("PFA") and/or a "Frequency Reconfiguration Agreement"
("FRA") which, among other things, sets forth Nextel's obligation to pay the Relocation Funds. The
Reconfiguration Handbook encourages a payment process by which Nextel pays Relocation Funds directly to
Licensee's selected vendors; and Licensee will ensure that its FRA provides for direct payment by Nextel to
Motorola. Promptly after execution of the PF A and/or FRA, Licensee will provide to Motorola a copy of those
portions of the PFA and/or FRA tllat pertain to Motorola's services, products, pricing and payment, including
Attachment C thereto (redacted if necessary to exclude information not pertaining to Motorola).
2.5. OTHER SERVICES. Nothing in this Agreement is intended to prevent or hinder Motorola from
contracting to perform or performing for Licensee any Reconfiguration Implementation Phase services, or any other
kind of services, or selling any equipment or software. Nothing in this Agreement is intended to prevent or hinder
Motorola from contracting to perform or performing for other Licensees Reconfiguration Planning Phase services,
Reconfiguration Implementation Phase services, or any other kind of services, or selling any equipment or software.
Section 3
PERFORMANCE SCHEDULE
The Parties will perform their respective responsibilities in a reasonably diligent manner, taking into consideration
the procedures and processes established in the Reconfiguration Handbook. The Parties acknowledge that any
scheduled performance dates are estimates only, and various factors (such as Licensee's operational needs and
resource availability) may cause the scheduled performance dates to change or be delayed. No Party will be liable
for its non-performance or delayed performance if caused by a Force Majeure. A Party will notify the other if it
becomes aware of a Force Majeure that will significantly delay performance. The notifying Party will give the
notice promptly after it discovers the Force Majeure.
Section 4
CONTRACT PRICE, PAYMENT AND INVOICING
4.1. CONTRACT PRICE; NON-RECOURSE TO LICENSEE.
4.1.1. Contract Price. The Contract Price for ReconfIguration Planning Phase Services in U.S. dollars is
$31,681.00. The Contract Price excludes any sales or other taxes, all of which will be added to the invoices and paid
except as exempt by law.
4.1.2. Licensee Not Liable for Contract Price. Payment of the Contract Price and any applicable taxes is to come
from Nextel, and not Licensee. If Nextel fails to pay Motorola, Licensee shall not be liable to pay Motorola the
Contract Price or applicable taxes. Licensee shall not be liable for any sums relating to additional work, which are
not a part of Reconfiguration Planning Services to be paid by Nextel, absent a written change order approved by the
parties. Notwithstanding the above, if Nextel pays the Contract Price and any applicable taxes to Licensee rather
than to Motorola, Licensee will irnnlediately forward the payment to Motorola. Motorola agrees to accept direct
payments from Nextel ifNextel clearly identifies the applicable Motorola invoice. Motorola further agrees to apply
these direct payments from Nextel to the Contract Price.
4.1.3. Motorola's Protections Concerning Pavrnent bv Nextel. If requested by Motorola, Licensee will execute
necessary documents and take all such actions that are reasonable or necessary to promote the prompt payment by
Nextel to Motorola.
4.2. INVOICING, PAYMENT MILESTONES, AND PAYMENT.
4.2.1. Invoicing. Motorola will submit correct invoices to Licensee, with a copy to Nextel, in accordance with the
pre-approved payment milestones set forth as Attachment A-I. Licensee's contact person and address for invoice
purposes are: Gwendolyn Johnson, City of Boynton Beach, 100 East Boynton Beach Boulevard, Boynton Beach, FL
33425. Licensee may change this contact person or address by written notice to Motorola. Upon receipt of an
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3
invoice, Licensee will promptly (but in no event longer than seven (7) calendar days) inspect the invoice, verify
whether it correctly states the payment milestone, and notify Nextel in writing (via facsimile or priority overnight
carrier) that Licensee approves the invoice and accepts the milestone (the "Approval Notification"). Licensee will
attach a copy of the invoice to the Approval Notification. When Licensee sends to Nextel the Approval
Notification, Licensee will concurrently provide to Motorola's project manager a copy of the Approval Notification
so that Motorola may know approximately when Nextel receives it. If for any reason Licensee disapproves the
invoice, Licensee will promptly give written notice to both Motorola and Nextel; the notice will explain the reasons
for Licensee's disapproval. Motorola will promptly correct any inaccurate invoice that Licensee disapproves, and
resubmit the corrected invoice using the same process as described above in this paragraph.
4.2.2. Payment Due Date. Unless otherwise agreed between Nextel and Motorola, payment from Sprint-Nextel to
Motorola for approved invoices is due thirty (30) days from the date Nextel receives the Approval Notification from
Licensee. Motorola's Federal Tax Identification Number is 36-1115800.
4.2.3. Mutual Cooperation. The Parties will cooperate with each other and provide to each other, and to Nextel
and the Transition Administrator, such information (other than Confidential Information, which is governed by
Section 9.1) as is reasonable or necessary to facilitate the prompt payment of the Contract Price to Motorola.
Section 5
REPRESENTATIONS AND WARRANTIES
5.1. RECONFIGURATION PLANNING PHASE SERVICES WARRANTY. For thirty (30) days from the
completion of the Reconfiguration Planning Phase Services, Motorola warrants that these services were performed
in a good and workmanlike manner. This services warranty does not cover any services or duties performed or
owed by Nextel, Licensee, or any other contractor hired by them.
5.2. WARRANTY CLAIMS. To assert a warranty claim, Licensee must notify Motorola in writing of the
claim before the date which is thirty (30) calendar days after the expiration of the warranty period. Upon receipt of
this notice, Motorola will investigate the warranty claim. If this investigation confirms a valid warranty claim,
Motorola will (at no additional charge to Licensee) re-perform the Reconfiguration Planning Phase services. This
action will be the full extent of Motorola's liability hereunder and constitutes Licensee's sole remedy. '
5.3. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the
original end user and are not assignable or transferable.
5.4. POTENTIAL DAMAGE TO EXISTING EQUIPMENT. Licensee acknowledges that Motorola,
Licensee's employees, or others might cause damage to equipment that is part of Licensee's System when
performing the Reconfiguration Planning Phase Services, and that such damage may occur in the absence of
negligence by any party. Motorola is not responsible for damage to equipment unless it is caused by Motorola's
negligence, in which case Motorola at its option will repair or replace the damaged equipment or refund its fair
market value. Before Licensee asserts a damage claim against Motorola under this section, it will first investigate
the cause of the damage and the investigation must result in reasonable proof that Motorola is negligent and liable
for the damage. This provision does not diminish any rights Licensee might have under any pre-existing Motorola
warranty or maintenance agreement.
5.5. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE
WARRANTIES FOR THE RECONFIGURATION PLANNING PHASE SERVICES PROVIDED UNDER THIS
AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. EXCEPT FOR THE
FOREGOING WARRANTIES, THE SERVICES ARE PROVIDED "AS IS" AND MOTOROLA DISCLAIMS
ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSEE IS
RESPONSIBLE FOR, AND MOTOROLA MAKES NO WARRANTY CONCERNING, THE BACK-UP AND
DISASTER RECOVERY PROCEDURES, FACILITIES AND EQUIPMENT, OR DATA ENTRY AND
LOADING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
AGREEMENT.
Section 6
INDEMNIFICATION
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Rev.8.17.06 revision; v3
4
6.1. INDEMNITY BY MOTOROLA. Motorola, at its own expense, will defend, and hold harmless Licensee
against any claim, suit, demand, or cause of action brought by a third party against Licensee that is based on or to
the extent it is caused by the negligence or willful misconduct of Motorola, its subcontractors, or their employees or
agents, while performing their duties under this Agreement, and which results in personal injury, death, or direct
damage to tangible property ("Motorola Claim"). Motorola will indemnify Licensee from any liability, judgment,
awards and damages resulting from a final award that arises from a Motorola Claim and pay all losses, expenses or
direct damages incurred by Licensee associated with the Motorola Claim. The foregoing indemnity is conditioned
on (i) Licensee giving Motorola prompt, written notice of any Motorola Claim, and providing to Motorola
cooperation (and, if requested, reasonable assistance) in the defense of the Motorola Claim; and (ii) Motorola having
sole control in the defense of the Motorola Claim and all negotiations for its settlement or compromise. Motorola
will have no indemnity liability for the negligence or fault of Licensee, its other contractors, Nextel, or the T A, or
any of their employees, agents or representatives. This section states the full extent of Motorola's general
indemnification from liabilities that are in any way related to Motorola's performance under this Agreement. The
obligations under this Section survive the Closing.
6.2. JOINT LIABILITY. If a third party asserts a claim against both Parties, each Party will defend itself and
will pay the claim to the extent of its percentage liability. For example, if the Parties have equal liability for the
claim, they each will pay one-half of the amount plus their own defense costs.
Section 7
DISPUTES; DEFAULT AND TERMINATION
7.1. DISPUTES. The Parties, through their respective project managers, will attempt to settle any dispute
ansmg from this Agreement (except for a claim relating to intellectual property or breach of confidentiality
provisions) through consultation and good faith negotiation. The dispute will be escalated to appropriate higher
level managers of the Parties, if necessary.
7.2. DEF AUL T AND TERMINATION. If a Party fails to perform a material obligation under this Agreement,
the other Party may consider the non-performing Party to be in default (unless a Force Majeure causes the failure)
and may assert a default claim by giving the non-performing Party a written and detailed notice of default. The
defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the default or, if the
default is not curable within thirty (30) days, to provide a written cure plan. The defaulting Party will begin
implementing the cure plan immediately after receipt of notice by the other Party that it approves the cure plan. If a
defaulting Party fails to cure the default, unless otherwise agreed in writing, the non-defaulting Party may terminate
any unfulfilled portion of this Agreement and the defaulting Party will promptly return to the non-defaulting Party
any of its Confidential Information. The non-defaulting Party will mitigate damages.
Section 8
LIMITATION OF LIABILITY
Licensee acknowledges that the limitations in this Section are integral to the Contract Price being charged by
Motorola under this Agreement, and that if Motorola assumed further liability other than as set forth in this Section
8, the Contract Price would be substantially higher. This limitation of liability provision applies notwithstanding
any contrary provision in this Agreement. Except for personal injury or death, Motorola's total liability, whether for
breach of contract, warranty, negligence, strict liability in tort, indemnification, contribution, or otherwise, will be
limited to the direct damages incurred by Licensee and recoverable under law, but not to exceed the Contract Price.
ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES,
THEY AGREE THAT MOTOROLA (AND ITS SUBCONTRACTORS AND SUPPLIERS, AND THEIR
OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND REPRESENTATIVES) WILL
NOT BE LIABLE TO LICENSEE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE,
TIME, DATA, GOOD WILL, REVENUES, PROFITS, OPPORTUNITIES OR SAVINGS; OR OTHER SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING
FROM THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION), THE SALE OR USE OF
PRODUCTS, EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA
PURSUANT TO THIS AGREEMENT. ALL CLAIMS BY A PARTY AGAINST ANOTHER PARTY,
WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, MUST BE BROUGHT WITHIN
TWO YEARS FROM THE DATE THE CAUSE OF ACTION ACCRUES.
Reconfiguration Planning Phase Services Agreement
Rev.8.17.06 revision; v3
5
Section 9
CONFIDENTIALITY AND PROPRIETARY RIGHTS
9.1. CONFIDENTIAL INFORMATION. During the term of this Agreement, the Parties may provide
Confidential Information to each other. Any inventory report or Customer Suitability Assessment report concerning
Licensee's System, and any other document concerning the reconfiguration of Licensee's System that Motorola
prepares specifically for and is a promised deliverable to Licensee under this Agreement (collectively,
"Documentary Deliverable") shall be the Confidential Infornlation of Licensee unless otherwise agreed by the
Parties in writing.
9.1.1. Non-Disclosure. Subject to applicable public records laws, each Party will: maintain the confidentiality of
the other Party's Confidential Information and not disclose it to any third party, except as authorized by the
disclosing Party in writing or as required by a court of competent jurisdiction; restrict disclosure of Confidential
Information to its employees who have a "need to know" and not copy or reproduce the Confidential Information;
take necessary and appropriate precautions to guard the confidentiality of the Confidential Information, including
informing its employees who have access to it that it is confidential and not to be disclosed to others, but those
precautions will be at least the same degree of care that the receiving Party applies to its own confidential
information and will not be less than reasonable care. The confidentiality restrictions and obligations contained
herein shall be in addition to any confidentiality restrictions or obligations contained in any other agreement
(whether prior to, contemporaneous or subsequent to the date of this Agreement) between Motorola on the one hand
and the T A, Nextel or Licensee on the other hand, as well any protective order or confidentiality restrictions or rules
issued by the FCC or the T A.
9.1.2. Use. Unless otherwise provided in this Agreement, a Party may use the Confidential Information of the other
Party only in furtherance of the performance of this Agreement or any other agreement between the Parties.
Notwithstanding the preceding sentence, Motorola may use the information in any Documentary Deliverable for its
own business purposes or to assist Licensee or its other contractors or consultants in the overall effort to plan and
reconfigure Licensee's System. Except for a Documentary Deliverable, Confidential Information is and will at all
times remain the property of the disclosing Party, and no grant of any proprietary rights in the Confidential
Information is hereby given or intended, including any express or implied license, other than the limited right of the
recipient to use the Confidential Information in the manner and to the extent permitted by this Agreement or any
other agreement between the Parties.
9.1.3 Request under Florida Public Records Law. To the extent that Licensee receives a request pursuant to said
Public Records Law to disclose Confidential Information, the following shall apply:
(i) Licensee shall promptly give Motorola written notice of such request for disclosure, including (A)
a description of the documents requested, (B) the identity of the party that has made such request, and (C) the person
and office within the Licensee to whom Motorola shall address any objection to such request.
(ii) Motorola shall have thirty-six (36) hours following receipt of the Licensee's notice in
subparagraph (i) above to provide a written objection to Licensee, specifying its reasons for such objection.
(iii) If Licensee disagrees with Motorola's objection, in whole or in part, and intends to disclose such
information, in whole or in part, it shall promptly notify Motorola in writing of such disagreement (and the reasons
therefor) and of its intention to so disclose such information. Licensee shall not, however, make such disclosure for
at least thirty-six (36) hours after such second notice so that Motorola may, if it chooses, file for injunctive relief to
stop such disclosure.
9.2. PRESERV ATION OF MOTOROLA'S PROPRIETARY RIGHTS. Motorola owns and retains all of its
Proprietary Rights, and nothing in this Agreement is intended to restrict its Proprietary Rights. All intellectual
property developed, originated, or prepared by Motorola in connection with providing to Licensee the services
remain vested exclusively in Motorola, and this Agreement does not grant to Licensee any shared development
rights of intellectual property. This Agreement does not involve the license of any software.
Section 10
LIENS
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Rev.8.17.06 revision; v3.1
6
10.1 LIENS. Under no circumstances shall Motorola attach any liens or security interests to any of
Licensee's facilities or property as a result of Nextel's breach of any obligation to make payments to Motorola
or to Licensee related to this Agreement.
Section 11
GENERAL
11.1 ASSIGNABILITY AND SUBCONTRACTING; WAIVER. No Party may assign this Agreement without
the prior written consent of the other Party. Motorola may subcontract any part of the work, but subcontracting will
not relieve Motorola of its duties under this Agreement. Failure or delay by a Party to exercise a right or power
under this Agreement will not be a waiver of the right or power. An effective waiver of a right or power must be in
writing signed by the waiving Party and will not be construed as either a future or continuing waiver of that same
right or power, or the waiver of any other right or power.
11.2 INDEPENDENT CONTRACTORS. Each Party is an independent contractor with respect to the other
Party, and a Party and its personnel will not be considered to be employees or agents of the other. Nothing in this
Agreement grants a Party the right or authority to make commitments of any kind for the other Party. This
Agreement will not constitute, create, or in any way be interpreted as a joint venture, partnership or formal business
organization of any kind.
11.3 INTERPRETATION OF AGREEMENT. This Agreement, including any attachments, constitutes the
entire agreement of the Parties regarding the subject matter of this Agreement and supersedes all previous
agreements, proposals, and understandings, whether written or oral, relating to that subject matter. This Agreement
may be amended or modified only by a written instrument signed by authorized representatives of the Parties. The
preprinted terms and conditions found on any Licensee purchase order, acknowledgment or other form will not be
considered an amendment or modification of this Agreement, even if a representative of each Party signs the
document. The attachments are incorporated into and made a part of this Agreement. In interpreting this
Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attachments.
Section headings in this Agreement are inserted only for convenience and are not to be construed as part of this
Agreement or as a limitation of the scope of the particular section to which the heading refers. This Agreement is an
arm's length transaction and will be fairly interpreted in accordance with its terms and conditions and not for or
against a Party. If a court of competent jurisdiction renders any part of this Agreement to be invalid or otherwise
unenforceable, it will be severed and the remainder of this Agreement will continue in full force and effect as if the
invalid part was not part of this Agreement. This Agreement and the rights and duties of the parties will be
governed by and interpreted in accordance with the laws of the State in which the System is installed.
11.4. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal,
Florida, and local laws, regulations and rules concerning the performance of this Agreement or use of the System.
Licensee will obtain and comply with all FCC licenses and authorizations required for the installation, operation and
use of the System.
11.5. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary
approvals, consents and authorizations to enter into this Agreement and perform its duties under this Agreement; the
person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this
Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the
execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any
other governing authority of the Party. Each Party represents that it is fully aware of the terms contained in this
Agreement and has voluntarily entered into this Agreement, having had a full and fair opportunity to seek the advice
of counsel and other professionals or consultants as its considers necessary. This Agreement may be executed in
separate counterparts, which together constitute a single agreement.
11.6. SURVIVAL OF TERMS. The following provisions survive the expiration or termination of this
Agreement for any reason: if any payment obligations exist, all of Section 4 (Contract Price, Payment and
Invoicing); Section 6 (Indemnification); Section 7 (Disputes); Section 8 (Limitation of Liability); and Section 9
(Confidentiality and Proprietary Rights); Section 10 (Liens); and all of the General provisions in Section 11.
The Parties hereby enter into this Agreement as of the Effective Date.
Reconfiguration Planning Phase Services Agreement
Rev.8.17.06 revision: v3
7
Licensee
By:
Name:
Title:
Date:
Nextel Assigned Deal Number:
Reconfiguration Planning Phase Services Agreement
Rev,8.17.06 revision; v3
Motorol. ~
~?/
BY:~
Name: C;~ "
Title: 13y51.A/e:? z:eV.AA-ep2.-
Date: a? -- V-?--O-7
8
Attachment A-I
Nextel-Motorola Pre-approved Payment Milestone Schedule
Depending on the Contract Price set forth in Section 4.1,1, the following payment milestones apply:
1. Contract Price < $300,000
Mobilization (i.e., contract execution)
Complete Planning Activities
50%
50%
2. Contract Price $300,000 and above
Mobilization (i.e., contract execution)
Complete Suitability Assessment
Complete Planning Activities
40%
40%
20%
Reconfiguration Planning Phase Services Agreement
Rev.8,17,06 revision; v3
9
Reconfiguration Planning Phase Services Agreement
Rev.8.17.06 revision: v3
Attachment A-2
Statement of Work
10
Motorola 800 MHz Rebanding Project
City of Boynton Beach
Statement of Work
Summary of All Costs
Pursuant to the FCC's mandated 800 MHz band reconfiguration, the incumbent
licensee is required to reconfigure its system and requests that Sprint Nextel fund its
estimated system reconfiguration planning costs, as outlined in the table below:
Licensee Organization Name: City of Boynton Beach
Licensee City, State and Zip: Boynton Beach, FL 33425
(Price excludes sales or other taxes)
Motorola 2,450.00 0.00 2,450.00
System Inventory Motorola 4,145.00 0,00 4,145.00
Engineering and
Implementation
Plannin Motorola 10,150.00 2,336.00 12,486.00
Legal Motorola 0.00 0.00 0.00
Project
Management Motorola 11,200.00 0.00 11,200.00
Other 1,400.00 0.00 1,400.00
Total Estimated
Planning Costs $29,345.00 $2,336.00 $31,681.00
The above pricing assumes this project will be executed concurrent with Palm Beach
County and Delray Beach Smart Zone system project. Should this not be the case,
Motorola reserves the right to re-price this proposal.
Page 2 of 23 - 10/25/2006
,., MOTOROLA Motorola Proprietary and Confidential
Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or
agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees,
Motorola 800 MHz Rebanding Project
City of Boynton Beach
Statement of Work
Statement of Work (SOW) Supporting Request for Planning Funds
Overview
This Statement of Work consists of two major parts. The first part consists of Sections
1.0 through 6.0 which describe the work associated with planning the reconfiguration of
your system. These sections, along with the system description table at the end of this
SOW, may be included with your Request for Planning Funds submittal to Sprint Nextel
and the Transition Administrator. The second part consists of Sections 7.0 through 13.0
which supports the Agreement with Motorola and should not be submitted as part of your
Request for Planning Funds.
Motorola has assembled this document, called a Statement of Work (SOW), which
provides an overview of activities performed during the initial customer interview, the
equipment assessment and the execution of the design phase of the rebanding project.
This Statement of Work describes the Reconfiguration Planning and Negotiation Phase
Services that Motorola proposes to provide to City of Boynton Beach. This SOW is not a
detailed reconfiguration specification and is not intended for use in a solicitation for
services by City of Boynton Beach.
The specific details of the system are in the tabularized System Description table at the
end of this Statement of Work.
1.0 Performance Schedule
Motorola will begin the reconfiguration planning and schedule the first kick off
meeting with City of Boynton Beach within 45 days after receipt of a Purchase
Order and/or a signed contract authorizing the work. A detailed schedule to
complete the planning and deliver a fixed price proposal to do the system
reconfiguration will be developed as a result of this meeting. Once this schedule
is completed it will be agreed to by City of Boynton Beach and Motorola and it
can be submitted as an addendum to Sprint-Nextel and the Transition
Administrator. Provided there are no significant delays it is estimated that the
work will be completed in 1.6 months after the kickoff meeting.
2.0 FreQuencv Analvsis
2.1 Co-channel Analvsis
Motorola will quote and provide co-channel analysis as requested by City of Boynton
Beach.
G MOTOROLA
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Motorola Proprietary and Confidential
Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or
agency not directly associated with the addressee without the express written consent of Motorola, lnc" or its designees,
Motorola 800 MHz Rebanding Project
City of Boynton Beach
Statement of Work
2.2 Combiner and Receiver Multi-coupler Suitability
Motorola will evaluate the suitability of the licensee's existing combiner
equipment impacted by rebanding. Some combiners can readily be adjusted to
the new rebanded frequencies, others cannot. Depending on the condition of the
equipment, readjustment may not be possible without risking damage to the
combiner. In addition, signal loss (decreased coverage) may occur if the new
rebanded frequencies are spaced closer than the original frequencies. Combiner
cable requirements also need to be considered based on the Licensee's cutover
plan.
Additionally, Motorola will analyze the impact the new frequency plan will have
on City of Boynton Beach's existing multi-coupler systems and determine if
retuning or replacement is necessary.
Motorola will evaluate these potential issues as part of the combiner suitability
assessment.
2.3 Intermodulation Study
1M Study - Motorola will perform inter-modulation study to identify possible
harmful RF emissions and interactions at each site affected by rebanding.
Motorola will provide a report and recommendation to City of Boynton Beach. If
the proposed frequencies cannot be effectively used at the appropriate sites,
Motorola will notify City of Boynton Beach.
(See Exhibit A-2 at end of this document for further information regarding
lntermodulation study).
Intermodulation Studies (1M) are necessary only under limited circumstances. To
request an 1M for a site, the licensee must believe that at least one of the three
criteria, as described in the RFPF Form/Instructions, is present within their
environment. To qualify for funding, the condition(s) must be indicated in the
RFPF Form.
Page 4 of 23 - 10/25/2006
G MOTOROLA Motorola Proprietary and Confidential
Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or
agency not directly associated with the addressee without the express written consent of Motorola, Inc" or its designees,
Motorola 800 MHz Rebanding Project
City of Boynton Beach
Statement of Work
Location with two or more co-site transmitters with
otential to im air base station receivers.
Licensee's fixed receive antenna is proximate to a
transmittin antenna other than our own.
Landlords or site managers of shared transceiver sites
requiring an analysis of the 1M environment as part of site
a reements when chan in transmittin fre uencies.
Yes
yes
2.4 Other FreQuencv Analvsis
Motorola will quote and provide additional frequency analysis services as requested by
City of Boynton Beach.
Frequency Analysis deliverables include:
Co-channel Analysis re ort for reconfi uration ro osal
Combiner Suitability report for reconfiguration proposal
N/A
1.6 months after kick-off
meetin
1.6 months after kick-off
meetin
N/A
1ntermodulation analysis report for reconfiguration
ro osal
Other Frequency Analysis
Vendor Labor Table
G MOTOROLA
Page 5 of 23 - 10/25/2006
Motorola Proprietary and Confidential
Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or
agency not directly associated with the addressee without the express written consent of Motorola, Inc,. or its designees.
Motorola 800 MHz Rebanding Project
City of Boynton Beach
Statement of Work
3.0 System Inventory
3.1 Infrastructure Inventorv
Motorola will conduct an inventory of City of Boynton Beach's equipment. This
inventory will be used to determine the suitability of the equipment and system
design effort for rebanding.
Motorola understands the inventory and design effort will take place on an
operational radio communications system and that unplanned interruptions to
dispatch operations are not acceptable. Motorola, with its network of authorized
service centers and/or third-party subcontractors, will do everything possible to
minimize disruption to dispatch operations. Any required changes to daily
operations will be planned in advance and agreed upon by City of Boynton Beach
and all applicable parties.
Based on this preliminary information about your system inventory listed below, a
price was developed for planning the system Rebanding process. This
information is based on Motorola's understanding of City of Boynton Beach's
system. Any significant variance to this inventory information which results in a
scope of work or schedule change will need to be addressed via a change order.
The inventory services are limited to the equipment specifically affected by
rebanding for City of Boynton Beach's system. Please refer to the System
Description for unverified inventory estimates.
3.2 Subscriber Inventorv
Subscriber device inventories must similarly be examined to determine
reconfiguration requirements. If inventories are required, Motorola will inventory
subscribers to elicit necessary information. Customer provided inventories must
also be able to provide the information outlined below.
For systems that only require Retuning, unit count and model families need to be
specified to insure proper programming equipment and if any frequency
determining elements need to be ordered and priced.
For systems that require Reprogramming, quantities of subscriber in each family
must be determined (i.e. 25ea XTS2500, 22ea XTS5000) and the number of
programming stations must be delineated to ensure proper number of Flash
upgrade kits are specified.
G MOTOROLA
Page 6 of 23 - 10/25/2006
Motorola Proprietary and Confidential
Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or
agency not directly associated with the addressee without the express written consent of Motorota, Inc., or its designees.
Motorola 800 MHz Rebanding Project
City of Boynton Beach
Statement of Work
For Replacement units, the number of units to be replaced must be identified,
along with their corresponding replacement unit. In addition options such as
battery type, dash or remote mount and cable length must be specified. An
accurate count of any accessories (six unit chargers, speaker mics, etc.) will be
required since they are exchanged on a one for one basis. A sample audit will be
performed when necessary on certain subscribers units (MTS 2000, Astro Spectra
and Astro Saber) to determine the need for replacement.
System Inventory deliverables include:
1.6 months after kick-off
meetin
1.6 months after kick-off
meetin
Vendor Labor Table
4.0 ED!~'ineerin2/Implementation Plannin2
4.1 Interoperabilitv Plannim!
The interoperability requirements are included III the System Description
attachment at the end of this document.
4.2 Site Reconfi2uration
Motorola will generate a Reconfiguration Design which will consist of at a
minimum Methods of Procedures, cut over plans and system test plans.
o MOTOROLA
Page 7 of 23 - 10/25/2006
Motorola Proprietal)' and Confidential
Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or
agency not directly associated With the addressee without the express written consent of Motorola, Inc" or its designees,
Motorola 800 MHz Rebanding Project
City of Boynton Beach
Statement of Work
o Generate Methods of Procedures (MOP)
· Motorola will develop the Method of Procedures which details the
process steps, timeline, measurable deliverables, resources needed and
cutover steps. Where applicable, contingency planning required to
effectively reband your system will be provided in the least disruptive
manner. The MOP also includes the cutover plan from the current
frequencies to the new ones.
.
o Cutover and Fall-back Plan
· Develop and define the cut-over and fall-back plan to ensure consistent
operation of all system functionality throughout the rebanding
reconfiguration.
· Review plans with City of Boynton Beach
o Baseline and Acceptance Test Plan
· Develop with City of Boynton Beach baseline and acceptance test
plans to demonstrate comparable facility.
· Baseline Test Plan initial determination of infrastructure testing for
system functionality prior to rebanding beginning.
· Acceptance Test Plan duplication of baseline test plan plus any
additional functional testing customer requires after rebanding.
4.3 Retune/Repro2ram/Replace Determination
The 800 MHz fixed network equipment (FNE) and subscriber inventory must be
audited to determine if upgrades are required to the software, hardware and
firmware in order to support the new rebanding software. The assessment
includes manufacturer information, software versions, system platform release
versions and hardware configuration. Results of the suitability assessment and
audit will determine what FNE will be retuned or reprogrammed or replaced and
the effort required performing this work.
Page 8 of 23 - 10/25/2006
o MOTOROLA Motorola Proprietary and Confidential
Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or
agency not directly associated with the addressee without the express written consent of Motorola, Inc" or its designees,
Motorola 800 MHz Rebanding Project
City of Boynton Beach
Statement of Work
Motorola Rebandin2 Software Required for All Sites in a NPSP AC Motorola
Smart Zone System
Boynton Beach is not an autonomous 'system" as such, but rather is a "site"
operating on the Palm Beach County (PBC) Motorola Smart Zone system. The
Palm Beach County system utilizes NPSP AC frequencies and as such requires the
Motorola rebanding software. When a Motorola Smart Zone controller is
upgraded with the rebanding software, the infrastructure at all sites operating
on that Smart Zone system must also be upgraded with the new software
regardless of whether or not those sites have NPSPAC frequencies operating on
their repeaters. Hence, the controllers on this Boynton Beach site must also be
upgraded with the rebanding software. Further, the planning and reconfiguration
of all sites operating on this system must be accomplished in a coordinated and
time proximate fashion. To accomplish this, a Suitability Assessment must be
done for each controller in the entire Smart Zone system.
The evaluation of the network and subscriber inventory will provide a retune,
reprogram, upgrade or replace decision for each piece of equipment in the system
that is affected by rebanding. Activities include:
~ Formatting City of Boynton Beach's inventory data for
assessment
~ Engineering analysis of assessment report
~ Retune, replace or reprogram determination of subscriber
inventory as outlined in paragraph 3.2 above.
~ Equipment list generation of required kits, software and or
upgrades required by each piece of equipment to be
reconfigured.
G MOTOROLA
Page 9 of 23 - 10/25/2006
Motorola Proprietary and Confidential
Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or
agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees,
Motorola 800 MHz Rebanding Project
City of Boynton Beach
Statement of Work
Engineering/Implementation Planning deliverables include:
Interoperability plan section of reconfiguration proposal
1.6 months after kick-
offmeetin
1.6 months after kick-
off meetin
1.6 months after kick-
off meetin
1.6 months after kick-
off meetin
1.6 months after kick-
off meetin
Develop Methods of Procedures for equipment to be
reconfi ured for reconfi uration ro osal
Develop and document cutover and fallback plans to be
included in the reconfi uration ro osal
Develop and document baseline and acceptance test plans to be
included in the reconfi uration ro osal
Suitability assessment report for inclusion in the
reconfi uration ro osal
Vendor Labor Table
Engineering/
Implementation
Plannin
Interoperability
Plannin
Site Reconfi ration
Retune/Reprogram!
Replace
Determination
5.00
34.00
$175
$175
5.0 Project Mana2:ement
5.1 Proiect Support
The Motorola Project Manager will oversee the project plan for the rebanding
effort to ensure a smooth execution of all deliverables and that the requirements
of City of Boynton Beach are fully met. The Project Manager will participate in
all major activities associated with the reconfiguration planning activities
described in this Statement of Work.
G MOTOROLA
Page 10 of 23 - 10/25/2006
Motorola Proprietary and Confidential
Design, tech nical and pricing information contained in this offering is considered proprietary and may not be shared with any person or
agency not directly associated with the addressee without the express written consent of Motoroia, Inc" or its designees.
Motorola 800 MHz Rebanding Project
City of Boynton Beach
Statement of Work
The Project Manager will coordinate with City of Boynton Beach, Motorola's
MSS (Motorola Service Station) and any subcontractor or other third-party
organization participating in this work; to keep this effort within the agreed upon
schedule. Activities such as project meetings, obtaining and evaluating
subcontractor quotes, monitoring subcontractor and project team performance will
be performed by the Motorola Project Manager.
5.2 Neeotiations Support
Where needed, Motorola will review the details of the rebanding plan and assist
with clarifications which may be required from Sprint Nextel or the Transition
Administrator.
Project Management deliverables include;
Vendor Labor Table
Motorola
Motorola
o MOTOROLA
Page 11 of 23 - 10/25/2006
Motorola Proprietary and Confidential
Design. technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or
agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees,
Motorola 800 MHz Rebanding Project
City of Boynton Beach
Statement of Work
6.0 Other
Deliverables listed below are related to special considerations and / or related sub-
systems impacted by the reconfiguration of the licensee's system.
Other deliverables include:
Supplemental report for channel 69 RF interference
anal sis
1.6 months after kick-off
meetin
Vendor Labor Table
G MOTOROLA
Page 12 of 23 - 10/25/2006
Motorola Proprietary and Confidential
Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or
agency not directly associated with the addressee without the express written consent of Motorola, Inc" or its designees,
Motorola 800 MHz Rebanding Project
City of Boynton Beach
Statement of Work
7.0 City of Bovnton Beach Schedulin2 and Access Requirements
In the event City of Boynton Beach operates on a 24-hour, 7 -day per week basis,
then diligent coordination to gain access to radio equipment will be required. It is
understood that the effort required to prepare the inventory and design may occur
on different shifts and/or times during the week, other than a normal 8:00 AM to
5:00 PM business day. Weekend work may also be a component of this effort.
Working with City of Boynton Beach to ensure optimum cooperation will be
essential to effectively and efficiently execute the rebanding project.
City of Boynton Beach must provide reasonable access to all remote site locations
where fixed station equipment is located. Any escort-required locations must be
coordinated in advance by City of Boynton Beach to facilitate access to restricted
areas. Any required identification cards must be provided by City of Boynton
Beach to rebanding personnel as needed to work in any area in which an
authorized ID card is required.
8.0 Motorola En2ineerin2 & Technical Services
Throughout the effort required to correctly assess the system requirements for
rebanding, Motorola will support the requirements employing the experience of
its field and systems engineering resources. In addition, many of Motorola's
product organizations and upgrade operations team will support the project with
specific knowledge on products and procedures to ensure the success of the
project.
9.0 Local Service Support
Motorola will utilize its authorized service center network and/or approved third
party contractors to assist in Preparation of Estimate Inventory and evaluation of
fixed infrastructure and other related system equipment.
10.0 Notification and Conditions for Work
Motorola will notify City of Boynton Beach's assigned point of contact a
minimum of five (5) business days prior to starting any work on the system.
Motorola will commence work at the designated location only after City of
Boynton Beach has notified Motorola with instructions to proceed. Whenever
possible, prior notification of at least 24 hours will be given when expected
disruptions are to occur.
. MOTOROLA
Page 13 of 23 - 10/25/2006
Motorola Proprietary and Confidential
Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or
agency not directly associated with the addressee without the express written consent of Motorola, Inc,. or its designees,
Motorola 800 MHz Rebanding Project
City of Boynton Beach
Statement of Work
11.0 Motorola and City of Bovnton Beach Responsibilities
Motorola Responsibilities
Motorola will be responsible for the following:
· Providing a designated Project Manager to coordinate all the resources and
work to be performed by Motorola and to be the primary point of contact
for City of Boynton Beach.
· Scheduling project meetings with City of Boynton Beach at the project's
start, execution of the project contract deliverables and to coordinate
ensuing project activities with all Motorola and City of Boynton Beach
resources.
· Providing engineering services in designing the agreed upon deliverables
as developed in this proposal.
· Providing City of Boynton Beach with regular schedule and progress
updates.
· Motorola will provide a detailed design and transition rebanding plan that
will include:
~ FNE Inventory and Requirements
~ Suitability Assessment Results
~ Sample Templates
~ Cutover Plan
~ Finalized Equipment List
~ Scope of Work
~ Frequency Analysis
~ Detailed Design Review
City of Bovnton Beach Responsibilities
City of Boynton Beach will be responsible for the following:
· Provide a signatory who has authority to sign all appropriate project
documents required for this project and any other agreements required.
· Upon receipt, provide Motorola with a full copy of the Transition
Administrators Frequency Proposal Report (FPR) for the affected licenses.
G MOTOROLA
Page 14 of 23 - 10/25/2006
Motorola Proprietary and Confidential
Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or
agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees,
Motorola 800 MHz Rebanding Project
City of Boynton Beach
Statement of Work
· Participate with Motorola and its subcontractors in any potential required
meetings with landlords, public agencies, and government agencies to
provide site access for the purpose of assessing the equipment located at
that site.
· City of Boynton Beach will provide site access to their sites for Motorola
personnel and Motorola's subcontractors for the purpose of assessing the
equipment located at that site.
· City of Boynton Beach shall not unreasonably delay the execution of work
by Motorola and will extend the timeline of the project when delays
caused by City of Boynton Beach are experienced.
· City of Boynton Beach may be required to provide vehicles and personnel
during the inventory process.
· City of Boynton Beach shall identify any outstanding Motorola
deliverables and formally request their completion through the mutual
development of a project punch list.
· City of Boynton Beach shall grant final acceptance upon completion of all
contractual deliverables.
· City of Boynton Beach will be responsible for providing an adequate
quantity of subscriber units per day until the inventory process is
completed.
· Provide adequate shelter, space, heat, light and power at the customer
facilities listed above to perform the subscriber inventory.
12.0 Risks
Motorola is committed to mitigating all known risks and will engage City of
Boynton Beach whenever situations are identified in which a risk situation
presents itself. A decision will be jointly made between Motorola and City of
Boynton Beach to consider the options and establish a mutually agreeable
solution.
With projects of this magnitude there are risks associated with the work that needs
to be performed on each piece of equipment. It is conceivable that a particular
piece of equipment can be functional at the time of inventory but when taken off
line to have board or software versions read and confirmed that failures may
Page 15 of 23 - 10/25/2006
,., ItIIOT'OROLA Motorola Proprietary and Confidential
Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or
agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees,
Motorola 800 MHz Rebanding Project
City of Boynton Beach
Statement of Work
occur when re-initializing the unit. Motorola will make every effort to ensure that
any failure occurring in this situation be rectified immediately. In some cases
adequate spares may not be available and could lead to a prolonged outage of
equipment while obtaining replacement parts. If the system in question is
currently under a full on-site and repair service agreement with Motorola, any
resolution to correct the failure will be covered under the agreement. If the
equipment involved is not covered under a Motorola Service Agreement,
resolution may require reimbursement for material and labor to correct the failure
and restore the defective equipment.
13.0 City of Bovnton Beach Acceptance
Upon submission of Motorola's rebanding plan to City of Boynton Beach, a
certificate of acceptance document will be provided for customer signature (see
reference document attached). This certificate acknowledges that all the effort
necessary in identifying the detailed requirements and plans to reband City of
Boynton Beach 800MHZ system has been completed.
Frequencies and Call Signs
Tx Freq Rx Freq Call Sign CntlNoice
860,2875 815.2875 WNCE606 CntlNoice
859.2875 814.2875 WNCE606 CntlNoice
858,2875 813.2875 WNCE606 CntlNoice
857,2875 812,2875 WNCE606 CntlNoice
856,2875 811.2875 WNCE606 Voice
G MOTOROLA
Page 16 of 23 - 10/25/2006
Motorola Proprietary and Confidential
Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or
agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees,
Motorola 800 MHz Rebanding Project
City of Boynton Beach
Statement of Work
System Description
Type of Technology Single site
Number of Sites impacted by Rebanding
1
Total Quantity of Stations
5
Number of Control Channels impacted by Rebanding
1
Number of Failsoft Channels impacted by Rebanding
1
Number of subscriber units on impacted Failsoft Channels
788
What is the transmitter combining scheme To be determined
Number of mobile_units used for day-to-day communications 70
covered by this RFPF (used to calculate per unit cost); including
control stations, data devices and SCADA units
Number of portable units used for day-to-day communications 718
covered by this RFPF
Number of channels covered by this RFPF (exclude channels not I
to be reconfigured)
Number of sites to be inventoried under this RFPF I
Number of entities using the 800 MHz system being reconfigured I
,., MOTOROLA
Page 17 of 23 - 10/25/2006
Motorola Proprietary and Confidential
Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or
agency not directly associated with the addressee without the express written consent of Motorola, Inc" or its designees,
Motorola 800 MHz Rebanding Project
City of Boynton Beach
Statement of Work
Subsystem Descriptions
MOSCAD Fire Alerting / Waste Water Management / Other Not applicable
applications
Quantity of radio linked MOSCAD RTUs and Centrals Not applicable
Underground sub system networks (Beyond the scope of normal Not applicable
BDA applications such as mines, railway systems, emergency
communications facilities)
Other Not applicable
Interoperability Descriptions
Adjacent jurisdictions / other licensees with interoperable Not applicable
agreements with this system owner. Quantities of radios in use on
the adjacent system impacted by the change of frequencies on this
system
Any special customer requirements we are aware of that the This is a single site
customer would want included Such as (This customer wants to system operating as
have the interoperable area with multiple systems rebanded as one part of the Palm
effort to avoid multiple reprogramming efforts) Beach County SZ
system and must be
planned and
rebanded
concurrently,
Any additional information that is relevant to calculation a cost Not applicable
for retuning the system.
Other non-licensee users on the system & subscriber quantities - Not applicable
G MOTOROLA
Page 18 of 23 - 10/25/2006
Motorola Proprietary and Confidential
Design. technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or
agency not directly associated with the addressee without the express written consent of Motorola, Inc" or its designees.
Motorola 800 MHz Rebanding Project
City of Boynton Beach
Statement of Work
System Inventorv
This is a customer provided, non-audited, inventOlY estimate for pwposes of quoting.
Total number of Tx/Rx sites in the svstem 1
Total number ofRx sites in the svstem 0
Total number of Trunked Base Stations / Repeaters in System to be rebanded 1
Total number of conventional Base Stations / Repeaters in Svstem to be rebanded 0
Total Number of Rx onlv stations in System to be rebanded 0
Total number of Transmit Combiners in Svstem 1
Number of Antennas that need renlaced 0
Number of controllers in the system 2
Total number ofTx Combiner Post filters to be replaced 0
Number ofCEBs in the svstem 2
Total number oflocal onerator nositions in the system 4
Total number of remote onerator nositions in the system 0
Total number of disnatch centers I
Number of control stations (Includes MOSCAD R TU and Central radios) 20
Number of mobiles 50
Number of portables 718
Number of InteronerabiIitv Users - Subscribers 0
Total number ofRx Multicouplers in Svstem 1
Total number of BDA's in the svstem I
Total number of Manal!ement Terminals I
Total number ofProl!ramminl! Temnlates including interonerabilitv al!encies 25
Total number of all other stations (not including rebanded stations) on all sites for 1M studv 25
G MOTOROLA
Page 19 of 23 - 10/25/2006
Motorola Proprietary and Confidential
Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or
agency not directly associated with the addressee without the express written consent of Motorola, Inc" or its designees,
Motorola 800 MHz Rebanding Project
City of Boynton Beach
Consent Form
Consent to Release Information
By Rebanding Licensee
City of Boynton Beach ("Licensee") is in the process of reconfiguring its 800 MHz
communications system as required by the FCC pursuant to its August 6, 2004, Report
and Order FCC 04-168, and related supplemental orders. In furtherance of Licensee's
reconfiguration activities, it has received information from (or shared information with)
Motorola, Inc., Sprint Nextel, and the Transition Administrator. To promote efficiencies
in completing Licensee's reconfiguration process, Motorola, Sprint Nextel and/or the
Transition Administrator may need to communicate with each other. Therefore, Licensee
hereby consents to Motorola, Sprint Nextel and/or the Transition Administrator
communicating in writing directly with each other about Motorola's proposed or actual
involvement in reconfiguring Licensee's system, provided that Licensee receives a copy
of each communication. By way of example, this consent would apply to questions from
Sprint Nextel or the Transition Administrator about reconfiguring Licensee's system, and
Motorola's answers to the questions.
By:
Title:
Date:
G MOTOROLA
Page 20 of 23 - 10/25/2006
Motorola Proprietary and Confidential
Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or
agency not directly associated with the addressee without the express written consent of Motorola, Inc" or its designees,
Motorola 800 MHz Rebanding Project
City of Boynton Beach
Acceptance Certificate
CERTIFICATE OF COMPLETION FOR PLANNING FUNDING WORK
Licensee Name:
Deal Number:
City of Boynton Beach agrees that all items detailed in the Scope of Work for Preparation
of Estimate for Planning Funding have been completed and the quote to perform has been
received by Licensee Representative below.
Licensee Representative:
Signature:
Print Name:
Title:
Date:
Motorola Representative:
Signature:
Print Name:
Title:
Date:
o This signed certificate authorizes Motorola to bill for the value of the milestone
payment as detailed in the Planning Funding Agreement, and it indicates the Licensee's
agreement to forward acknowledgement to Sprint Nextel upon receipt and verification of
InVOIce.
/ /
G MOTOROLA
Page 21 of 23 - 10/25/2006
Motorola Proprietary and Confidential
Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or
agency not directly associated with the addressee without the express written consent of Motorola, Inc" or its designees.
Motorola 800 MHz Rebanding Project
Exhibit A-2
I. Executive Overview
A. Solution Overview
The mixing of two or more frequencies together at a specific radio site generates
Intermodulation (1M) products. Under the worst conditions, the reception of the desired
on-channel frequency can be suppressed by the FM capture effect of stronger undesired
1M products. If the intensity of the 1M product is lower than that of the desired signal it can
still cause audible interference during periods in which the affected channel is not in use.
An Intermodulation (1M) Interference analysis can be useful to provide a new site design
with optimum protection against frequency interference that could degrade the
performance of the radio communications system. 1M analysis for an existing system can
provide helpful insight to troubleshooting the frequency combinations (1M products) at a
site that might be causing existing interference problems. An 1M analysis will provide
compatibility confirmation for the addition or change of frequencies at established sites.
Motorola's Intermodulation Analysis can help detect 1M interference products by
analyzing the root frequencies that can mix to cause these interference products. With
this information, customers, with Motorola's help, can design or modify radio sites with
minimized 1M interference impact to the customer's communications system and aid in
determining the root causes of existing interference.
Motorola uses internally developed software tools such as HydraSm and Intermodsm
specifically designed to compute possible Intermodulation products that could affect the
customer's radio sites.
B. Customer Usage and Benefits
Customers who are experiencing interference on their radio communications system
should utilize this service to troubleshoot and identify the possible source of
Intermodulation interference.
Customers who are modifying their radio communications system should utilize this
service to confirm new frequency compatibility with their existing frequencies and to
identify any potentiallntermodulation interference. This information can be used to create
a plan to retrofit the existing system in order to minimize future interference to the
communications system.
II. Solution Description
A. Scope
Intermodulation interference products are always present where two or more co-located
transmitters are operating simultaneously. Managing the power levels of the 1M signals
developed through proper system design will determine whether they cause harmful
interference to communications.
tel> MOTOROLA
Page 22 of 23 - 10/25/2006
Motorola Proprietary and Confidential
Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or
agency not directly associated with the addressee withoulthe express written consent of Motorola, Inc., or its designees,
Motorola 800 MHz Rebanding Project
Exhibit A-2
The 1M analysis is simply one of the methods used to guide proper design and must be
used by a trained technical person competent in understanding its meaning and
limitations. The appearance of an 1M product in the analysis does not mean such a
product will cause harmful interference, or indeed even be present. It simply indicates
the mathematical possibility of a product being produced.
B. Responsibilities
1. Customer Inputs
The customer will supply Motorola with the frequency and antenna infrastructure
inputs required to perform the 1M analysis and will include:
. Transmitter frequencies at site
. Receiver frequencies at site
. Receiver bandwidth (if known, or receiver type)
. Antenna isolation (distance between RX and TX antennas)
In the case of a new system design, the antenna infrastructure inputs will be provided
by the Motorola design engineer. However, frequency data will remain the customer's
responsibility .
2. Motorola Deliverables
Motorola will provide an Analysis Report covering the following items:
. Transmitter and receiver frequencies used in the analysis
. Parameters used in the analysis (i.e. nth level of order tested & frequency range
used)
. Problem (flagged) frequencies
. Written explanation of any potential issues
. Recommendations
C. Considerations
The Intermodulation Interference (1M) analysis provided by Motorola will result from
information available at the time of the initial customer input. The accuracy of any 1M
prediction or interference projection is therefore limited to the completeness of the
frequency input data we receive. Subsequently, the resultant report shall be valid
only as long as the conditions profiled by the 1M analysis remain unchanged.
Additionally, all 1M analysis results are restricted to the frequencies analyzed. Any
preexisting interference issues experienced before rebanding may continue to exist
and be considered outside the scope of the analysis performed. The analysis will be
limited to the contracted site only.
,., MOTOROLA
Page 23 of 23 - 10/25/2006
Motorola Proprietary and Confidential
Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or
agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees,
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\'l
VI.-CONSENT AGENDA
ITEM D.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April] 7,2007 April 2, 2007 (Noon.) 0 June 19, 2007 June 4, 2007 (Noon)
0 May 1,2007 April 16, 2007 (Noon) ~ July 3, 2007 June 18,2007 (Noon)
0 May IS, 2007 April 30, 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16, 2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
--_J
C~)
RECOMMENDA TION: ~-""
Motion to approve reduction in surety for the project known as Colony Lake, reducing the required amount from the:
current value of $300,000 downward to $15,000. 9:'
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EXPLANATION: . '.-,
All of the required water and sewer improvements have been completed and accepted by the City for operation and U
maintenance. 5% of the initial surety will be retained for the duration of the I-year warranty period, measured from
the date of acceptance. The Developer of the project will furnish a replacement surety in this amount, or amend the
existing performance bond.
PROGRAM IMP ACT:
None.
FISCAL IMP ACT:
None
ALTERNATIVES:
None. The City': eOd~"2kty dndo. the wa".,mty p";o
artment Head's Signature
UTILITIES
Department Name
XC: ~eter Mazzella (w/copy of attachment)
City Attorney "
File "
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
Ll)i Last Devenport, Inc.
PROFESSIONAL CONSULTING SERVICES
May 24, 2007
Mr, Peter Mazella
Boynton Beach Utilities
124 E. Woolbright Road
Boynton Beach, FL 33435
RECEIVED
MAY 2 5 2007
RE: SURETY REDUCTION
COLONY LAKE
LDi PROJECT NO. 04-006
BOYNTON BEACH UTfLITIES
Dear Mr. Mazella:
Last Devenport, Inc. (LDi) is requesting a surety reduction for the above referenced
project. Enclosed please find an updated, certified opinion of cost for Required
Improvements. Construction of the water and sewer system is complete with vertical
construction on-going.
Should you have any questions or require any additional information, I can be reached
at (561) 615-6567.
Sincerely,
Last Devenport, Inc.
I
,/1 ,
/L.-l.
/~_:r/_
Ronald W. Last, P.E.
Florida License No. 38707
W:\ProjectsI04-006 _ Colony Lake\Docs\CertificationsI04-006-ltr BBU _5-24-07 surety reduction doc
901 Northpoint Parkway, Suite 406. West Palm Beach, FL 33407. Phone: 561-615-6567. Fax: 561-683-0872
www./astdevenport.com
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VII.-CODE - LEGAL
SETTLEMENT
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17, 2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon)
0 May 1, 2007 April 16,2007 (Noon) ~ July 3, 2007 June 18, 2007 (Noon)
0 May 15,2007 April 30, 2007 (Noon) D July 17, 2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) C~J
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RECOMMENDATION: Motion to accept the enclosed Settlement Agreement (Exhibit "A") between the Cityvf) -'-,.
Boynton Beach & Jeanne Go, M.D. and Ka Hock Go, M.D., and Go & Go, M.D., P.A. for the recovery of staff'sfota{i :::-l
administrative costs and attorney's fees of $5,000.00 associated with Code Compliance cases 04-2232 & 06-731.
AnnouncementslPresentations
City Manager's Report
New Business
c_
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NATURE OF
AGENDA ITEM
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Administrative
Consent Agenda
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Code Compliance & Legal Settlements
Legal
UnfInished Business
en
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EXPLANATION: The property in question is located at 3452 West Boynton Beach Boulevard. The violations
included failure to maintain the site in accordance with approved plans and failure to obtain permits for demolition
and interior renovation. Case 04-2232 addressed the lack of permits and accrued a fine of $2,434.12 including
administrative costs prior to the issuance of Building Permits 04-3818 and 04-3972. Those permits were subsequently
revoked on 6/8/06. Plans were re-submitted on 2/7/07 and are currently in the review process. Case 06-731 addressed
the site plan issues and accrued a fine of $33.218.24 including administrative costs. Both cases are in a "complied"
status although we do have a separate case pending resulting from the permit revocation on 6/8/06.
The Settlement Agreement is the direct result of our newly enacted legislation prohibiting renewal of a Business Tax
Receipt for properties with Code Compliance liens against them. As noted in the Agreement the defendant has
stipulated to several conditions. As per the Agreement our liens won't be released until all terms of the Agreement are
satisfied and the fines/fees are paid in full.
PROGRAM IMP ACT: Property will be in full compliance as spelled out in the Settlement Agreement while providing
an enhanced appearance along one of our main corridors.
FISCAL IMPACT: Approval of the enclosed Settlement Agreement will recover all administrative costs and lee:al fees
associated with the aforementioned cases.
ct the agreement.
~
City Manager's Signature
Assistant to City Manager ~
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
[~hib;4 ItAl1
SETTLEMENT AGREEMENT
THIS AGREEMENT (the "Agreement") is entered into by and between the City of
Boynton Beach, Florida, a Florida municipal corporation (hereinafter referred to as the "City"),
and Jeanne Go, M.D., Ka Hock Go, M.D., and Go & Go M.D., P.A. (hereinafter referred to as
the "Doctors"), as of this _ day of May, 2007,
WIT N E SSE T H:
WHEREAS, Doctors are the owner of the property located at 3452 West Boynton Beach
Boulevard, Boynton Beach, Florida (the "Property");
WHEREAS, the Property is operated by the Doctors as a doctor's office and associated
offices;
WHEREAS, the City's Code Inspector has cited the Doctors for alleged violations of the
City's Code of Ordinances related to the maintenance and improvement of the Property;
WHEREAS, as a result of the alleged violations, on or about December 28, 2006, the
City filed that certain lawsuit styled City of Boynton Beach, Florida, a Florida municipali(y,
Petitioner vs Jeanne Go, M.D., and Ka Hock Go, M,D., and Go & Go, M.D" P.A, pending in the
Circuit Court of the Fifteen Judicial Circuit, in and for Palm Beach County, Florida, Case No. 50
2006 CA 014411 MB AF (the "Lawsuit") seeking a Temporary and Permanent Injunction to
enjoin the Doctors from operating its business;
WHEREAS, the Doctors have brought their site into compliance with the City's Site
Plan Regulations;
WHEREAS, the Doctors have submitted building permit applications for units 5 through
lOin order to correct the existing code violations that resulted from demolition and interior
completions that were not completed in conformance with a City permit;;
WHEREAS, upon the City's approval of the building permit applications and the City's
issuance of the Building Permit, the City has agreed to provide the Doctors with a period of time
to bring the property into compliance; and
WHEREAS, the Doctors and the City desire to amicably resolve the Lawsuit exclusively
on the terms and conditions set forth below.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the Doctors and the City agree as follows:
1. The foregoing recitals are true and correct and are incorporated herein by
reference. Within one hundred eighty (180) days of the City's issuance of the Building Permit,
the Doctors shall complete the improvements in Units 5-10 in accordance with the approved
plans.
2. Upon the Doctors' completion of the improvements in conformance with the
Building Permit, the Doctors shall notify the City, in writing, and request a re-inspection (the
"Re-inspection Notice"). The Re-inspection Notice shall be sent to the City of Boynton Beach,
Florida clo Scott Blasie, Code Compliance Administrator.
3. Within ten (10) days of the date of the Re-inspection Notice, the City shall re-
inspect the Property. If upon re-inspection, if the improvements are installed in conformity with
the Building Permit the City shall immediately certify that the Property is in compliance.
4. In addition, within five (5) days of the City's certification that the Property is in
compliance, the Doctors., shall pay the City the sum of Five Thousand and 00/100 Dollars
($5,000.00) by sending a check made payable to the Trust Account of Goren, Cherof, Doody &
Ezrol, P.A., 3099 E. Commercial Blvd., Ste. 200, Ft. Lauderdale, Florida 33308.
2
5. No later than ten (10) days following the City's certification that the Property is in
compliance, and the receipt of payment as required in Paragraph 4 of this Agreement, the City
shall issue the Doctors an occupationallicenselbusiness tax receipt.
6. The City and the Doctors agree that said payment shall be III full and final
satisfaction of any fines or liens related to the Property.
7, The City hereby certifies that other than the Building Permit Issues there are
currently no other violations related to the Property in order for the City to issue an occupational
licenselbusiness tax receipt to the Doctors.
8. The City and the Doctors agree to the abatement of the Lawsuit pending the
parties performance under this Agreement.
9. Within ten (10) days of Doctors' payment of the sums required pursuant to this
Agreement, completion of the improvements in conformity with the Approved Building Permit
Plans and Doctors' payment to the City as set-forth in Paragraph 4 above, the City shall dismiss
the Lawsuit with prejudice.
10. As part of the Agreement, Doctor agrees to pay the City's attorneys' fees and costs
associated with the preparation and filing of the lawsuit and negotiating this Agreement. This
amount is included in the payment set forth in Paragraph 4. The City and Doctors agree that
Doctors will be responsible for its own attorneys' fees and costs associated with the Lawsuit and
any matters related to this Agreement. Following approval and execution of this Agreement, the
City agrees to be responsible for any attorneys' fees and costs associated with matters related to
this Agreement.
11. The parties understand and appreciate that this Agreement constitutes a mutual
Settlement Agreement and the parties intend to be legally bound by its terms. The parties also
3
understand and acknowledge that, in considering whether to sign this Agreement, they have not
relied on any representation or statement, written or oral, not set forth in this Agreement, and
they have not been threatened or coerced into this Agreement by any party or party's
representative. The parties have read this Agreement carefully and fully understand the terms,
consequences, and effects of the Agreement. The parties have voluntarily agreed to and accept
the terms of this Agreement. Each party stipulates that it has been represented, or had the
opportunity to be represented and advised by counsel concerning the effect of this Agreement.
The parties agree that they have each had the opportunity to negotiate the terms of this
Agreement and that this Agreement shall not be interpreted against any party as drafter of the
Agreement.
12. The prevailing party in any litigation related to this Agreement shall be entitled to
collect all expenses incurred in said litigation including, but not limited to, reasonable attorney
fees (which shall include any attorney fees awarded by an appellate court).
13. The City acknowledges and agrees that the Doctors' execution of this Agreement
is made in full settlement, accord, and satisfaction of disputed claims, and does not, and shall not
be construed to be an admission ofliability on the part of the Doctors.
14. The parties further agree that if any provision of this Agreement is determined
void or voidable, or in any way unenforceable, the parties shall remain bound by the remainder
of the Agreement.
15. This Agreement may be signed in any number of counterparts with the same
effect as if the signatures thereto and hereto were upon the same instrument.
4
16. This Agreement is solely for the benefit of the parties hereto and their permitted
successors and assigns. No other person or entity shall have any rights under, or because of the
existence of, the Agreement.
17. This Agreement shall inure to the benefit of and shall be binding upon the parties
and their respective heirs, successors-in-interests, assigns, agents, principals, and related or
affiliated entities.
18. Facsimile signatures shall be binding and fully enforceable as if original
signatures.
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date
first stated above.
CITY OF BOYNTON BEACH
ATTEST:
Janet Prainito, City Clerk
BY:
Jerry Taylor, Mayor
Approved as to Form:
Office of the City Attorney
JEANNE GO, M.D.
KA HOCK GO, M.D.
GO & GO, M.D., P.A.
By:
Print Name:
Title:
H :\2006\060674 \Settlement AgreementVER2. DOC
5
The City of Boynton Beach
POLIOE
DEPARTMENT
"A CFA ACCREDITED LA W
ENFORCEMENT AGENCY"
100E. BOYNTON Bl!.'ACH /JOl'LEVARD
BOYNTON Bl!.'ACH. PLOR/DA .'3.'142.5-0.'310
PHONE: (.561) 742-6100
F:4X: (56]) 742-6185
G. MATTHEW IMMLER, CHIEF OF
POLICE
SCOTT BLASIE, CODE COMPLIANCE
ADMINISTRATOR
PI/ONE: (,56]) 742-6120
F'AX: (.561) 742-68.'18
Sl'..'.'f.YO
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TO eV
Date: July 3, 2007
To: Mayor Taylor &: City Commission
From: Code Compliance
Code Compliance Administrative Fees
Case #. 04~ 2232
Case #. 06~731
Case #. 06~ 259
Legal Fees
Case filing
Service
Attorney's fees
TOTAL
$ 634.12 - 4 inspections, lien recording fee
$1,018.24 - 8 inspections, lien recording fee
$ 960.30 - 10 inspections
$2,612.66
$ 250.00
$ 30.00
$2,120.00
$2,400.00
$5,012.66
VII.-CODE - LEGAL
SETTLEMENT
ITEM A ADDITIONAL
· INFORMATION
AMERICA '8 GATEWA Y TO THE GULF8TREAM
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VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon)
0 May 1, 2007 April 16, 2007 (Noon) [8J July 3, 2007 June] 8,2007 (Noon)
0 May 15, 2007 April 30,2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14, 2007 (Noon) 0 August 7,2007 July 16,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
[8J Public Hearing 0
RECOMMENDATION: Please place this request on the July 3,2007 City Commission Agenda under Public
Hearing. The applicant requested that this item be postponed from the June 19, 2007 meeting to the July 17tl1 Commission
meeting. The Community Redevelopment Agency Board recommended on May 8, 2007, that the request be approved. For
further details pertaining to this request, see attached Department Memorandum No. 07-031.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Harbor Cay (SPTE 07-006)
Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC
Harbor Cay, LLC
East side Federal Highway, approximately 160 feet north of Gateway Boulevard
Request for a one (1) year site plan time extension for Harbor Cay (NWSP 06-011)
approved on May 2, 2006, from May 2, 2007 to May 2, 2008.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVE~
! 4Lt<<f7
Develop en Dep rtment DIrector
~Sig",,",,
Assistant to City Manager ~
Planning and Z
S :\Planning\SHARED\WP\P ROJ
g Irector City Attorney / Finance
T \Harbor Cay\SPTE 07-006\Agenda Item Request Harbor Cay SPTE 07-006 7-3-07.doc
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
JUN - 8
Amel"CCln Development. COl"p,"__,,-
o Groupo Tango Company
June 6, 2007
The City of Boynton Beach
Post Office Box 310
Boynton Beach, Florida 33425
Senders' direct dial :'61-434-1 C) 1 q
Via Hand delivery
RE: Reschedule of Public Hearing for Harbor Cay, LLC
Dear Sir:
We have been informed by Mr. Michael Rumpf, Director of Planning and Zoning, that the June 5th
City Council Meeting has been rescheduling to June 19, 2007 for the extension of Harbor Cay's
Development Order due to a lack of quorum.
Unfortunately, the undersigned has Surgery that day with an anticipated 3 weeks of recovery and will
therefore unable to participate. The undersigned is the Managing Partner for the Harbor Cay Project.
Now therefore, the undersigned ask that the Hearing in front of City Counsel be set for July 17, 2007
Respectfu lIy,
Sid E. von Rospeunt
President
AmerCan Development, Corp.
Managing Member for Harbor Cay, LLC
600 Lakeside Ha1"'bo1"', Suite 100, Boynton Beach, +=lo1"'ida 33435
Main: 561.734-3000 +=ax: 561-734-300501"' 434-1969
\V\\'W. groupo tango ,com
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-031
Chair and Members
Community Redevelopment Agency Board
Michael Rumpf ~.
Director of Planning and Zoning
Kathleen Zeitler h
Planner
May 1, 2007
Harbor Cay (SPTE 07-006)
Site Plan Time Extension
Property Owner:
Applicant I Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
East:
PROJECT DESCRIPTION
Harbor Cay, LLC
Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC
East side of North Federal Highway, approximately 160 feet north of Gateway
Boulevard (see Location Map - Exhibit "A")
Special High Density Residential (SHDR)
Infill Planned Unit Development (IPUD)
No change proposed
No change proposed
Townhouses
1.429 acre
To the north is developed multi-family residential property (Inlet Harbor Club),
classified Recreational (R) and High Density Residential (HDR) land use and zoned
Recreation (REC) and Multi-family Residential (R-3);
To the south is developed commercial property (Gateway Shell), classified Local Retail
Commercial (LRC) land use and zoned Community Commercial (C-3); to the southeast
is developed single-family residential, classified Low Density Residential (LDR) and
zoned Single-family Residential (R-1-AA);
To the east is developed single-family residential, classified Low Density Residential
Page 2
Harbor Cay
SPTE 07-006
(LDR) and zoned Single-family Residential (R-1-AA); and
West:
Right-of-way for Federal Highway, then farther west is right-of-way for the Florida
East Coast (FEC) railroad.
BACKGROUND
Mr. Sid E. von Rospeunt, managing member of Harbor Cay, LLC is requesting a one (l)-year site plan time
extension for the Harbor Cay New Site Plan Development Order (NWSP 06-011), which was approved by the
City Commission on May 2,2006. The site plan approval is valid for one (1) year from the date of approval.
If this request for a one (l)-yeartime extension were approved, the expiration date of this site plan, including
concurrency certification, would be extended to May 2, 2008.
The subject property consists of 1.429 acre zoned Infill Planned Unit Development (IPUD), located within
Planning Area I of the Federal Highway Corridor Community Redevelopment Plan. According to the staff
report for the approved site plan (NWSP 06-011), the proposed Harbor Cay is a redevelopment project
approved for a total of 23 fee-simple town homes, recreation amenities, and related site improvements.
The 23 dwelling units (at a density of 16.09 dwelling units per acre) are proposed as two (2)-bedroom units,
each with a bonus room that could be used as a third bedroom. The 23 units are planned within six (6)
separate buildings on the 1.429-acre site. Each three (3)-story building would contain four (4) dwelling units,
with the exception of one building that proposes three (3) units. The approved site plan (see Exhibit "8")
proposes three (3) model types, ranging from 2/534 square feet to 2,599 square feet of total air-conditioned
area. According to the staff report, the proposed townhouse buildings would have hints of Spanish-
Mediterranean accents in the contemporary / modern design. Building accents would include cupolas,
Spanish S-tile roofs, decorative banding, stone veneer, awnings, and decorative garage doors.
ANALYSIS
According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department". Examples of building permits include
but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. City
regulations authorize the Commission to approve site plan time extensions up to one (1) year, provided that
the applicant files the request prior to the expiration date of the development order. In this case, the
applicant has met that requirement. The Planning & Zoning Division received the application for time
extension on March 12, 2007, approximately seven (7) weeks prior to the expiration date of the site plan.
According to the justification submitted for the requested time extension (see Exhibit "C"), the applicant
details the "good faith" efforts in moving forward with the project, explaining that the project has been
delayed due to the following: (1) required reconfiguration of underground utilities and subsequent civil
engineering plan revisions which required re-submittal for further review and approval; (2) delay in platting
due to required civil plan revisions; and (3) construction plan revisions necessary to address conditions of site
plan approval.
A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency
requirements. On March 29, 2006 the Palm Beach County Traffic Division approved the traffic study for this
project and included a restriction that no building permits are to be issued for the project after the build-out
year of 2009.
Page 3
Harbor Cay
SPTE 07-006
The site plan time extension is still subject to the original 85 conditions of the new site plan approval. No
new land development regulations are now in place against which the project should be reviewed and
modified. As for application of the Art in Public Places ordinance (05-060), this project is not exempt, as the
new site plan request was filed and under review after adoption of Ordinance 05-060 on October 5, 2005.
Therefore, the project must comply with Ordinance 05-060 as stated in the original conditions of site plan
approval.
Lastly, the applicant has failed to pay the Capacity Reservation Fee as required in original Condition of
Approval #19, which was due within seven (7) days of the original site plan approval. As such, staff
recommends that the applicant pay the fee amount prior to final action by the City Commission on this
extension request.
SUMMARY I RECOMMENDATION
Staff recommends approval of this request for a one (l)-year time extension of the Harbor Cay site plan (NWSP
06-011). If this request for extension were approved, the expiration of this site plan would be extended to May
2, 2008. Staff is generally in favor of the redevelopment efforts represented by the approved site plan, which
serves to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor
Redevelopment Plan. The proposed Harbor Cay project will provide an opportunity for redevelopment in a
highly visible corridor in the City, increase the value of adjacent and nearby properties, and contribute to the
overall economic development of the City. If this request for site plan time extension is approved, all
outstanding conditions of approval from the new site plan approval must still be satisfactorily addressed during
the building permit process. Any additional conditions recommended by the Board or City Commission shall be
documented accordingly in the Conditions of Approval (see Exhibit "D").
S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\SPTE 07-006\Staff Report.doc
LOCATION MAP
Harbor Cay
Exhibit "A"
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HARBOR CAY TO_NHOUSES
600 LAKESIDE HARBOUR
Bo,.,ton B..ch, F1....d.
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EXHIBIT "D"
Conditions of Approval
Project name: Harbor Cay
File number: SPTE 07-006
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Cornments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comrnents:
Conditions of Approval
Harbor Cay
SPTE 07-006
P 2
age
DEPARTMENTS INCLUDE REJECT
1. The site plan time extension shall be subject to all previous Conditions of X
Approval.
2. The Applicant shall pay the Capacity Reservation Fee amount due to the City X
prior to final action by the City Commission on this Site Plan Extension
request.
ADDITIONAL COMMUNITY REDEVELOPMENT
AGENCY BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S :\Planning\SHARED\WP\PROJECTS\Harbor Cay\SPTE\COA,doc
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I
PLANNING AND
ZONING DEP1
March 9, 2007
Board of Commissioners
The City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
Re: Development Order Extension
Gentlemen:
Please accept our request for an extension of twelve months for Boynton Beach Resolution 06-097, a
Development Order for Harbor Cay Town Homes; an IPUD located within a few hundred feet North of
Gateway Boulevard on Federal Highway going towards the Intracoastal Waterway.
Due to various delays in obtaining approval for the underground utilities, only recently resubmitted
after substantial prior consultation along with the expectation of further comments requiring additional
reconfiguration and another round of resubmission, and the sequential nature of the process whereby
the plat cannot be delineated until the civil engineering is approved, and in light of the extensive
Conditions of Approval that must be addressed; it is not likely that a construction permit will be secured
before the Development Order expires on May 2nd of 2007.
Thank you, in advance, for your time and consideration. We trust that the Board of Commissioners
shall look upon our petition with kindness and generousity.
SId E.von Ro unt
Chief Executive Officer
AmerCan Development Corp.
The Managing Member for Harbor Cay, LLC
Harbor Cay, LLC 605 Lakeside Harbor Drive, Boynton Beach, Florida 33435, Tel: 561-734-3000 Fax: 561-724-3005
www.harborcay.com
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Harbor Cay
APPLICANT'S AGENT:
Mr. Sid E. von Rospeunt, Harbor Cay, LLC
APPLICANT'S ADDRESS:
605 Lakeside Harbor Drive, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 5, 2007
TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension from May 2, 2007 until
May 2, 2008, for 23 proposed townhouses on a 1.429-acre parcel in
the IPUD zoning district.
LOCATION OF PROPERTY: East side of North Federal Highway, approximately 160 feet north of
Gateway Boulevard.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X TH IS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHAREDlWP\PROJECTS\Harbor Cay\SPTE 07-006\DO,doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
May 8, 2007
B. Adoption of Agenda
Motion
A motion was made by Ms. Heavilin to approve the agenda with the changes. Ms. Horenburger
seconded the motion that passed unanimously.
V. Consent Agenda
A. Approval of the Minutes-CRA Board Meeting-April 1, 2007
(pulled by Ms. Horenburger)
B. Approval of the Monthly Financial Report and Budget Amendment
C. Sea Mist Acquisition Status (info. only)
(pulled by Ms. Heavilin)
D. Review of Infill Site Plans & Home
(pulled by Rev. Chaney)
E. Marketing and Communications Update (info. only)
F. Residential Improvement Grant Program (info. only)
(pulled by Ms. Heavilin)
VI. Public Comments
Chair Tillman opened the floor for public comments. No one having come forward, Chair
Tillman closed the floor to public comments.
VII. Public Hearing
Old Business:
None
New Business:
Attorney Spillias announced Items VILA. and VILB. were quasi-judicial proceedings. He
provided an explanation of the quasi-judicial procedures and requested board members disclose
whether they had any ex-parte communications. None were disclosed
Attorney Spillias administered the oath to all persons who would testify.
A. Harbor Cay
Site Plan Time Extension
2
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
May 8, 2007
Description:
Harbor Cay (SPTE 07-006)
Sid E. von Rospeunt, Managing Member for Harbor
Cay, LLC
Harbor Cay, LLC
East side of Federal Highway; approximately 150 feet north of
Gateway Boulevard
Request for a one (1) year site plan time extension for Harbor
Cay (NWSP 06-011) approved on May 2, 2006, from May 2, 2007
to May 2, 2008.
1.
Project:
Agent:
Owners:
Location:
Kathleen Zeitler, City Planner, set forth the request and advised the project was approved for
23 townhouse buildings ranging from 2,534 square feet to 2,599 square. The project was
delayed due to required reconfiguration of underground utilities, civil and engineering plan
revisions, platting delays and construction plan revisions necessary to address the conditions of
approval. Their concurrency project buildout year is 2009. The site plan time extension was
still subject to the original 85 conditions of approval. Staff recommended approval to extend to
May 2, 2008, with the following conditions of approval: (1) the site plan time extension would
be subject to all previous conditions of approval; and (2) the applicant would pay the Capacity
Reservation Fee amount due to the City prior to final action by the City Commission on the site
plan time extension request.
Chair Tillman opened the floor for public hearing.
Sid E. von Rospeunt, Representative of AmerCan Development Corp., Managing
Partner for Harbor Cay, LLC, set forth the circumstances surrounding the requested extension.
He advised they had worked with City staff on the water issue for the past eight months. A
six-foot wide public easement was recently discovered on their property, and would be utilized
to remedy the issue.
Bonnie Jones, 628 Lakeside Harbor Drive, commented the homeowners had tried to work
with Mr. von Rospeunt; however, he was not willing to work with them on several issues with
respect to the entry gate, community dock and Lakeside Harbor Drive. The homeowners would
like for the project to move forward and upon approval of the extension, would request
construction of a privacy wall and for the gate to be moved back.
Mark Maher, owner of the property at 618 Lakeside Harbor Drive adjoining the
developer's property on the southeast side, remarked the extension should have been applied
for in advance of the expiration of the site plan time extension, and he did not believe the
developer had any intention of building. He believed the project would be beneficial and would
agree with the extension if the developer installed a stucco masonry wall on the site separating
the single-family properties from the project; relocated the residential community gate to the
east side of his property, ensuring it was in proper working order; and completed all work
within the next four months.
3
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
May 8, 2007
Mr. von Rospeunt responded as follows: (1) they had no objection to the gate being removed;
however, if it was removed, application would have to be made for a building permit and it
would be necessary to have a turnaround lane installed in front of the gate and past their
property; (2) the road currently at the site is approximately five to six feet less in width than
the new road they were are putting in; (3) when the developer purchased the property, the
gate was inoperable as it was damaged by the hurricane; (4) they improved the site by ridding
the property of rats and undesirable apartment dwellings; and (5) the site plan provided for a
masonry wall to separate the residences from the project.
Mr. Sims requested clarification as to the issue of the wall and inquired as to when the wall
would be constructed.
Mr. von Rospeunt advised they could not build a wall unless they had the approval of their
utilities and a development order. No one would issue any permits to them for a perimeter wall
in order to protect the residents at Harbor Cay, as well as to the south, north and east of the
community.
No one else having come forward, Chair Tillman closed the floor for public hearings.
Chair Tillman commented he had listened to several extension requests and project proposals
and on several occasions, homeowners professed their opposition to the project. However,
there appeared to be no overall resistance to this project, with the exception of some minor
issues which should be worked out. Secondly, with regard to the issue previously addressed by
Ms, Horenburger wherein the City Commission would explore an i8-month extension in lieu of
the 12-month extension, Chair Tillman inquired of staff whether this had been explored and the
status with respect thereto.
Kathleen Zeitler advised the Code had been revised to allow for 18 months instead of 12
months for the initial site plan approval.
Ms. Heavilin expressed confusion as to several of the comments made. The applicant did not
respond to the issue of the dock damage and she requested he do so.
Mr. von Rospeunt maintained they had addressed the dock issue with the homeowners on
several occasions. They pulled permits for the dock and filed the extension for the dock permit;
however, they would want to perform the dock work when the entire area was redone in order
to avoid construction of a substandard dock. The developers had suggested they would remove
the dirt and put in gravel and brick pavers, similar in fashion as shown in the site plan for the
pool area and plaza.
Rev, Chaney requested that Mr. von Rospeunt clarify the commitments made by the developer.
Mr. von Rospeunt commented they committed to build a new dock to enrich the community,
and it was their intention to do so. However, if they bore the expense, they would build the
dock to their specifications in order that it would be constructed properly.
4
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
May 8, 2007
Rev. Chaney inquired of staff whether any Tax Increment Funding (TIF) or other incentive
funding was involved in this extension.
Mr. Zeitler replied there were none.
Ms. Horenburger remarked that it appeared the developer was unable to move forward with the
project for the reasons outlined in the backup material. However, after considering all of the
comments made, she concluded there was also a problem with cooperation on both sides. She
inquired as to why the developer was unable to meet the City's requirement to pay the Capacity
Reservation Fee within seven days of the original site plan approval and whether this was an
undue requirement which the developer could not meet while others could.
Mr. von Rospeunt commented they considered the requirement to be unreasonable as they did
not know how many water meters were needed at the time.
Ms. Horenburger inquired of staff as to how common it was for people to not pay their Capacity
Reservation Fee in a timely matter.
Ed Breese, Principal Planner, indicated the fee was generally paid within seven days.
Motion
Ms. Horenburger moved to grant the request for a six-month time extension, subject to
payment of the Capacity Reservation Fee and compliance with all of the other conditions of
approval. Mr. Sims seconded the motion for discussion purposes.
Chair Tillman advised he believed granting a six-month extension could set a negative
precedent, as it had been the City's policy to grant twelve-month extensions. Further, the
developer requested the twelve-month extension in order to deal with hardships and Chair
Tillman would want the developer and homeowners in the adjacent communities to have as
much time as needed in order to resolve the issues.
Mr. Sims contended he would be concerned about setting a precedent and would not be
comfortable with granting a six-month extension at this time, although it could be something
for the board to explore. He added he hoped the developer and homeowners would work
through the issues within the year, as he would be hard pressed to vote in the developer's favor
again.
Ms. Heavilin advised that she would support the 12-month extension and urged the developer
and residents to be open minded and work things out.
Rev. Chaney commented he would support the 12-month extension as well and emphasized
cautioning developers coming into the City to do due diligence in working with neighbors, as it
was the board's responsibility to ensure the needs of the entire community would be served.
5
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
May 8, 2007
Ms. Horenburger inquired of Attorney Spillias whether the board would be setting a precedent if
the Capacity Reservation Fee was not paid as required by the City's Code.
Attorney Spillias advised the standard for making a decision was based upon competent
substantial evidence to support the decision. In terms of precedent, the board members would
have to consider whether they treated people who were similarly situated in a similar fashion.
These were basically the standards to be applied by the board in making a determination. If
the board believed there was substantial evidence that established the individual was not
similarly situated, that would be the basis for a decision to grant something other than a year's
extension. If the board did not believe the differences in this instance were significant enough
to determine Mr. von Rospeunt was not similarly situated, then there would be no evidence.
Staff had recommended a year's extension after their review, which would be part of the record
as well.
Chair Tillman called the question on the motion to grant a six-month extension.
Vote
The motion failed 1-4, Rev. Chaney, Ms. Heavilin, Mr. Sims, and Chair Tillman dissenting.
Motion
Mr. Sims moved to approve the one (1) year site plan time extension including all conditions
recommended by staff. Ms. Heavilin seconded the motion which passed 4-1, Ms. Horenburger
dissenting.
B. Boynton Beach Lofts
Site Plan time Extension
Location:
Description:
Boynton Beach Lofts (SPTE 07-007)
Bradley Miller, Miller Land Planning Consultants
James A. Seifert/Addison Properties of South Florida, Inc.
623 South Federal Highway
Request for a second one (1) year site plan time Extension for site
plan (NWSP 05-008) and height exception (HTEX 05-001)
originally approved on April 19, 2005, from April 19, 2007 to April
19, 2008.
1.
Project:
Agent:
Gabriel Wuebben, Planner, provided an overview of the project. The Planning & Zoning Division
received the extension request on April 4, 2007, approximately ten days prior to the expiration
of the previous site plan time extension. According to the applicant, since the project's last site
plan time extension, the developer had completed working drawings, had worked toward the
marketing and sales of future units, completed a website, cared for onsite landscaping and
secured County Civil permits. To date, the developer had spent nearly $730,000 toward the
project. However, as a result of current market conditions, the developer was not able to pull a
permit and was currently working with the CRA to modify the plans to make the project more
6
VIII.-Pl'SLIC HEARING
ITEM S.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 17, 2007 April 2, 2007 (Noon.) D June 19, 2007 June 4, 2007 (Noon)
D May 1, 2007 April 16,2007 (Noon) [gJ July 3, 2007 June 18,2007 (Noon)
D May 15,2007 Apri130,2007 (Noon) D July 17,2007 July 2, 2007 (Noon)
D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM . ,
D Consent Agenda D Legal C:3 ---.
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D -..... .'~"-1~' '..
D Code Compliance & Legal Settlements UnfInished Business L t)
~
[gJ Public Hearing D ,~-:o... -"
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&'""
RECOMMENDATION: Please place this request on the July 3, 2007City Commission Agenda under ~lic': (
Hearing. The Community Redevelopment Agency Board on June 12,2007, recommended that the request be aPe.r.:9vedi~, For
further details pertaining to this request, see attached Department Memorandum No. 07-053. " ==, .,
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EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
Palm Cove (SPTE 07-008)
Bonnie Miskel,of Siegel, Lipman, Duanay, Shepard, and Miskel, LLP
Multiple Owners
Extending between Old Dixie Highway and South Federal Highway approximately one-
quarter (1/4) mile north of Gulfstream Boulevard.
Request for a one (1) year site plan time extension to the approval (NWSP 05-031)
granted on January 3, 2006, from July 3, 2007 to July 3, 2008.
DESCRIPTION:
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
~
LwJ~
Planning and Zo . Director City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Palm Cove (aka Miller Rd Project)\SPTE 07-008\Agenda Item Request Palm Cove SPTE 07-008 7-3-07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
City Manager's Signature
Assistant to City Manager Cfwf/
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-053
FROM:
Chair and Members
Community Redevelopment Agency Board
Michael Rumpf'L; ~
Director of Planning and Zoning
Gabriel Wuebben j) ~ ~
Planner V'i
TO:
THRU:
DATE:
May 30, 2007
PROJECT:
Palm Cove (aka Miller Road Project) / SPTE 07-008
REQUEST:
Site Plan Time Extension
PROJECT DESCRIPTION
Property Owner: Multiple Owners (see file)
Applicant / Agent: Bonnie Miskel of Siegel, Lipman, Duanay, Shepard, and Miskel, LLP
Location: East side of Old Dixie Highway, approximately 1,250 feet south of the
intersection of Old Dixie Highway and Federal Highway (Location Map - Exhibit
"A'')
Existing Land Use/ Zoning: Special High Density Residential (SHDR) / Planned Unit Development (PUD)
Proposed Land Use/Zoning: No change proposed
Proposed Uses:
Request a site plan time extension approval for a residential project consisting
of 121 fee-simple townhouse units on :t7.402 acres.
Acreage:
:t7.402 acres
Adjacent Uses:
North:
Northwest are developed single-family lots located in unincorporated Palm
Beach County with a Medium Residential (County MR-5) land use classification
and zoned Multi-family Residential (County RM). Northeast is property
earmarked for townhouses (Oceanside), with a Special High Density Residential
(SHDR) land use classification and zoned Infill Planned Unit Development
(IPUD);
South:
Southwest is partially developed property with a General Commercial (GC) land
use classification and zoned General Commercial (C-4). Southeast is earmarked
for townhouses (Bayfront), with a Special High Density Residential (SHDR) land
use classification and zoned Infill Planned Unit Development (IPUD);
East:
Right-of-way for Federal Highway, then farther east is property earmarked for
townhouses (Waterside), with a Special High Density Residential (SHDR) land
,.....,..-'..'.i_...".~"~,.!I!\*~~~..,~.."'''''''''''''',.....'
Page 2
Memorandum No. PZ 07-053
use classification and zoned Infill Planned Unit Development (IPUD); and
West:
Right-of-way for Old Dixie Highway, then farther west is right-of-way for the
Florida East Coast (FEe) railroad.
BACKGROUND
Ms. Bonnie Miskel, agent for the property owners, is requesting a one (i)-year time extension for the Palm
Cove Site Plan (NWSP 05-031) which was approved by the City Commission on January 3,2006. The Planned
Unit Development site plan approval is valid for eighteen (18) months from the date of approval, unless a
building permit has been issued or a time extension applied for. If this request for extensions were approved,
the expiration date of this site plan, including concurrency certification would be extended to July 3, 2008.
According to the original site plan staff report, Palm Cove was approved for 121 fee-simple townhouse units on
:1:7.402 acres, on the west side of Federal Highway, approximately 1,250 feet south of the intersection of Old
Dixie Highway and Federal Highway.
ANALYSIS
According to Chapter 4, Section 5 of the Land Development Regulations, the applicant shall have eighteen
(18) months to secure a building permit from the Development Department". Examples of building permits
include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The
Regulations authorize the City Commission to approve one (1) year time extensions, provided that the
applicant files the request prior to the expiration date of the development order. In this case, the applicant
has met that requirement. The Planning & Zoning Division received the extension request May 7, 2007,
approximately two (2) months prior to the expiration of the site plan.
According to the time extension application, Ms. Miskel acknowledges that very little has been accomplished
to move the project forward due to the residential market's slowdown in 2006, which has limited the
feasibility of continuing with the project at this time. The applicant has not been able to secure financing;
consequently, the developer is working to modify the plan to make the project economically feasible to build
and sell.
A more formal criterion for evaluating requests for time extensions is compliance with concurrency
requirements. The Palm Beach County Traffic Division determined that the proposed residential project is
located within the designated Coastal Residential Exception Areas of the county and therefore exempt from
concurrency analysis. However, traffic concurrency was approved with a buildout date of 2007. the applicant
will be required to submit an updated traffic concurrency determination letter if this is not accomplished. This
condition, as well as all other original conditions of approval, will remain applicable to the site plan approval
should this time extension be granted.
Lastly, no major alterations in the City's zoning regulations have occurred since Site Plan approval for this
project that would significantly affect the original approval.
RECOMMENDATION
Staff recommends approval of this request for a one (1) year time extension of the site plan (NWSP 05-031).
If this request for extension were approved, the expiration date of site plan approval would be extended to July
3, 2008. All conditions from the original approval must still be satisfactorily addressed during the building
permit process.
S:\Planning\SHARED\WP\PROJECTS\Palm Cove (aka Miller Rd Project)\SPTE 07-008\Palm Cove SPTE Staff Report.doc
Exhibit "A" - Site Location Map
Palm Cove
R3
o 105 210
I
420
840
I Feet
630
NIC
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EXHIBIT B
S lEe E L, LIP MAN. DUN A Y. SHE PAR D (9. MIS K E L. L L P
GARY S. DUNAY
KENNETH w. LIPMAN
BONNIE MISKEL
JONATHAN L. SHEPARD
CARL E. SIEGEL
THE PLAZA. SUITE 80 I
5355 TOWN CENTER ROAD
BOCA RATON, FLORIDA 33486
(561) 368-7700
FAX: (56 I) 368-9274
WWW.SLDSMLAW.COM
LINDA B. LYMAN
May 7, 2007
1\-0".- -~I~Tf\V;.l:: --~.-;-.
I ~ I I:; ,
UUl MAY - 1 2007 It
PLANNING t.N[j
ZOf':~.NG llE~__
Mike Rumpf, Director
Planning & Zoning
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida, 33425-0310
RE: Time extension for Palm Cove ("Project")
Dear Mr. Rumpf:
The purpose of this letter is to request a time extension for the approved Palm Cove
project (NWSP # 05-031) located on Dixie Highway. This project was originally approved
on January 3, 2006 and will expire on July 3, 2007. We respectfully request an extension
of one year to July 3,2008.
As you know the recent activities of the residential market have been on the downturn.
The applicant has not made much progress on the construction of the proposed project
due to the excessive financial costs of the land that was purchased for the development
of the property; at that time, the applicant believed the land cost would be recouped by
the sale of the residential units. However with the recent lack of interest in the residential
market the applicant was not able to receive financial backing from a financial institution.
The time extension is necessary for the applicant/developer to research potential
alternatives to the approved uses. The applicant is currently reviewing various site plan
alternatives that will potentially involve a mix of uses. We look forward to working with
City staff 10 determine the best uses that would add to the character of the City as well.
as provide for any additional uses or services that are in need for the area surrounding
the subject site. Again, we respectfully request favorable consideration of this request. If
you have any questions or concerns regarding this letter, please do not hesitate to
contact me at (561) 237-1537.
SIEGEL. LIPMAN. DUNAY. SHEPARD & MISKEL. LLP
Sincerely,
8unmd :! ~
Bonnie L. Miskel, Esq.
LAUREN LENDING
LAND PLANNER
Siegel, Lipman, Dunay,
Shepard, & Miskel, LLP
5355 TOWN CENTER ROAD #801
80CA RATON. FLORIDA 33486
lauren@sldsmlaw.com
(561) 506-S00B :::ELL
(561) 366-7700 OFFICE:
~6~B-S274 ""AX
<:: I?...,.. C
/') 0 /1.1'\ d
EXHIBIT "C"
Conditions of Approval
Project name: Palm Cove
File number: SPTE 07-008
Reference:
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
I I
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. The site plan time extension shall be subject to all previous Conditions of X
Approval.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
2. An updated traffic concurrency determination letter will be required if
building permits are not issued prior to the end of 2007.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECTS\Palm Cove (aka Miller Rd Project)\SPTE 07-008\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Palm Cove
APPLICANT'S AGENT:
Bonnie Miskel- Seigel, Lipman. Duanay, Shepard and Miskel, LLP
APPLICANT'S ADDRESS:
5355 Town Center Dr., Suite 801 Boca Raton, FL 33486
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 3.2007
TYPE OF RELIEF SOUGHT: Request for a one (1) year site plan time extension to the approval
(NWSP 05-031) granted on January 3, 2006, from July 3, 2007 to July
3, 2008.
LOCATION OF PROPERTY: Extending between Old Dixie Highway and South Federal Highway
approximately one-quarter (1/4) mile north of Gulfstream Boulevard.
X TH IS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Palm Cove (aka Miller Rd Project)\SPTE 07-008\DO.doc
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VIII.-PUBLIC HEARING
ITEM C.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final FOml Must be Turned Requested City Commission Date Final FOml Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 17,2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon)
D May I, 2007 April 16, 2007 (Noon) ~ July 3, 2007 June 18,2007 (Noon)
D May 15,2007 April 30,2007 (Noon) D July 17,2007 July 2, 2007 (Noon)
D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16, 2007 (Noon)
D AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business '" , .-
........J ~."'-
AGENDA ITEM ----/ ~ ...
D Consent Agenda ~ Legal
D Code Compliance & Legal Settlements D Unfmished Business
~ Public Hearing D
,.,)
RECOMMENDATION: Please place this request on the July 3,2007 City Commission Agenda under J5tiblic
Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board on June 12, 2007~:':-
recommended that the request be approved. For further details pertaining to this request, see attached Department.
Memorandum No. 07-048. "V
EXPLANATION:
PROJECT:
Las Ventanas (ABAN 07-001)
(aka Uptown Lofts @ Boynton Place)
Epoch Properties, Inc.
Epoch Properties, Inc.
Extending 300 feet south of SE 12th Avenue
Request for abandonment of a 50 feet wide by 300 feet long utility easement containing
an area of 15,000 square feet or 0.34 acre.
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
~,
City Manager's Signature
Assistant to City Manager ~
~li/'C-.~
Planni~g and Z~rtg Director City Attorney / Finance
S:lPlanning\SHAREDlWPIPROJECTS\Gulfstream Lumber\Uptown Lofts at Boynton Place\ABAN 07-00 I \Agenda Item Request Las Ventanas ABAN 07-
001 7-3-07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING ABANDONMENT
OF A 50 FEET WIDE BY 300 FEET LONG UTILITY
EASEMENT, LOCATED ON THE NORTHWEST
CORNER OF FEDERAL HIGHWAY AND
WOOLBRIGHT ROAD, SOUTH OF SOUTHEAST 12TH
A VENUE, SUBJECT TO ST AFF COMMENTS;
AUTHORIZING THE CITY MANAGER TO EXECUTE
A DISCLAIMER, WHICH SHALL BE RECORDED
WITH THIS ORDINANCE IN THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Epoch Properties, Inc., is requesting that the City abandon a 50 feet wide
by 300 feet long utility easement located on the Northwest corner of Federal Highway and
Woolbright Road, south of Southeast lih Avenue, subject to staff comments; and
WHEREAS, comments have been solicited from the appropriate City Departments, and!
public hearings have been held before the City's Community Redevelopment Agency, and the!
City Commission on the proposed abandonment; and
I
I
WHEREAS, staff finds that the utility easement no longer serves a public purpose, and!
the City Commission adopts that finding.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OFI
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporatedl
herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, does herebyl
abandon a 50 feet wide by 300 feet long utility easement located on the Northwest corner o~
Federal Highway and Woolbright Road, south of Southeast lih Avenue, subject to staft!
comments. The property being abandoned is more particularly described as follows:
That part of the right of way for Southeast 2nd Street (formerly Ronald Street) as
shown on the plat of Central Park, according to the plat thereof recorded in Plat
Book 12, Page 12 of the Public Records of Palm Beach County, Florida, described as
follows:
Begin at the northwest corner of lot 20 of said Plat of Central Park; thence S. 00 54'
40"E along the west line of lots 20, 21, 22 and 23, 300.00 feet to the southwest
s:\C \ rdinances\Abandonments\Las Ventanas.doc
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II
corner of said lot 23; thence N. 900 00'00" W 50.00 feet to the southeast corner of
Lot 24; thence N. 00 54'40"W along the east line of lots 24, 25, 26, 27, 28 and 29,
300 feet to the northeast corner of said lot 29; thence N. 900 00'00" E, 50.00 feet to
the point of beginning.
Said lands lying in the city of Boynton Beach, Palm Beach County, Florida,
containing 0.34 acre (15,000 square feet) more or less.
A location map is attached hereto as Exhibit "A."
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this _ day of
,2007.
2007.
SECOND, FINAL READING AND PASSAGE THIS _day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
ATTEST:
Commissioner - Carl McKoy
Janet M. Prainito, City Clerk
(Corporate Seal)
S:IC \ rdlnanceslAbandonmentslLas Ventanas.doc
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City
of Boynton Beach, Florida, does hereby abandon a 50 feet wide by 300 feet long utility
easement located on the Northwest corner of Federal Highway and Woolbright Road, south
of Southeast lih Avenue, subject to staff comments. The property being abandoned is more
particularly described as follows:
That part of the right of way for Southeast 2nd Street (formerly Ronald Street) as
shown on the plat of Central Park, according to the plat thereof recorded in Plat
Book 12, Page 12 of the Public Records of Palm Beach County, Florida.
described as follows:
Begin at the northwest corner of lot 20 of said Plat of Central Park; thence S. 00
54' 40"E along the west line of lots 20, 21, 22 and 23, 300.00 feet to the
southwest corner of said lot 23; thence N. 900 00'00" W 50.00 feet to the
southeast corner of Lot 24; thence N. 00 54' 40"W along the east line of lots 24,
25,26,27,28 and 29,300 feet to the northeast corner of said lot 29; thence N. 900
00'00" E, 50.00 feet to the point of beginning.
Said lands lying in the city of Boynton Beach, Palm Beach County, Florida,
containing 0.34 acre (15,000 square feet) more or less.
IN WITNESS 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
,2007.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
Janet M. Prainito
City Clerk
Kurt Bressner, City Manager
STATE OF FLORIDA
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton
S :\CA \Ordi na nces\Abandon ments \Las V enta nas. d DC
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 corporation; 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
,2007.
day of
NOTARY PUBLIC, State of Florida
My Commission Expires:
S:\CA \OrdinanceslAbandonments\Las Ventanas .doc
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-048
THRU:
Chair and Members
Community Redevelopment Agency Board
r7
Michael W. Rum~~-/
Planning and Zoning Director
TO:
FROM:
Kathleen Zeitler 1/7
Planner ~
DATE:
June 5, 2007
SUBJECT:
Las Ventanas - Abandonment of a Utility Easement (ABAN 07-001)
NATURE OF REOUEST
Mr. Greg Jacoby of Epoch Properties, Inc., the property owner of the forthcoming Las Ventanas project
(formerly known as Uptown Lofts), is requesting to abandon / vacate an existing utility easement (50 feet
by 300 feet) located on the portion of the former right-of-way of S.E. 2nd Street extending three-hundred
(300) feet south from the south edge of S.E. 12th Avenue, west of Federal Highway. A portion (50 feet by
300 feet) of public right-of-way on the subject property was previously abandoned by Resolution 02-214
(ABAN 94-004 - Gulfstream Lumber Company). A condition of Resolution 02-214 required the dedication of
a 50 foot by 300 foot utility easement. All utilities have been relocated from the easement to other areas on
site to accommodate the proposed construction of the Las Ventanas project. The easement is no longer
necessary and the City Engineer requires it to be abandoned prior to plat approval.
The location map attached as Exhibit "A" shows the general vicinity of the Las Ventanas project at the
northwest corner of Federal Highway and Woolbright Road. The attached Exhibit "B" shows the
approximate location of the requested abandonment on the site plan for Las Ventanas. The attached
Exhibit "C" is a portion of a recent survey of the project site and includes a detailed location of the easement
to be abandoned and its legal description.
The following is a description of the zoning districts and land uses of the properties that surround the
subject property:
North -
right-of-way for S.E. 12th Avenue;
South -
property of the proposed Las Ventanas project, designated Mixed Use (MX) and zoned MU-L
(Mixed Use-Low);
East
property of the proposed Las Ventanas development, designated Mixed Use (MX) and zoned
MU-L (Mixed Use-Low);
West -
property of the proposed Las Ventanas development, designated Mixed Use (MX) and zoned
MU-L (Mixed Use-Low).
BACKGROUND
In May of 1925, the Plat of Central Park was approved, which dedicated to the City a 50-foot wide right-of-
way named Ronald Street (now known as SE 2nd Street). The segment of this street located south of S.E.
Page 2
Memorandum No. PZ 07-048
ABAN 07-001
1ih Avenue dead-ended approximately 300 feet from the S.E. 12th Avenue intersection. This portion of
Ronald Street (50 feet by 300 feet) was surrounded on three (3) sides by Gulfstream Lumber Company. In
1994, Gulfstream Lumber Company requested abandonment of this segment of right-of-way (ABAN 94-
004). The abandonment was approved on May 2, 1995 by Resolution 02-214, subject to the recording of a
utility easement on the entire 300 foot length of right-of-way. Gulfstream Lumber has since sold their
property, and the Las Ventanas project (formerly known as Uptown Lofts) has been approved for the site.
The approved project is a mid-rise mixed use project with 43,361 square feet of retail space, 404 apartment
units, 20 townhouse units, and 70 loft units planned on 14.63 acres.
The utility easement to be vacated measures 50 feet in width by 300 feet in length. The subject property
and properties located on the south, east and west sides of the easement to be abandoned constitute a part
of the proposed Las Ventanas development. All existing utilities within the easement will be relocated within
the boundaries of the proposed project, therefore the subject utility easement to be vacated no longer
serves a public purpose. Prior to the issuance of building permits for the Las Ventanas project, a replat of
the site is required. Prior to acceptance of the final proposed record plat, the City Engineer requires that the
utility easement be abandoned due to the relocation of the utilities, and to remove a "cloud" on the
proposed development caused by planned construction of proposed buildings on top of the utility easement.
ANALYSIS
Pursuant to Chapter 22, Article IV, Section 4, public notice was given, all utility companies have been
notified and the request has been advertised in the newspaper. A summary of the responses from the
utility companies and city staff is as follows:
CITY DEPARTMENTS/DIVISIONS
Engineering
Public Works/Utilities
Planning and Zoning
No objection
No objection
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
Bell South
Florida Public Utilities Company
Cable Company (Comcast)
Approval with conditions
No objection
No objection
No objection
RECOMMENDATION
All utilities have been relocated from the subject property to accommodate the Las Ventanas development,
and the utility easement no longer serves a public purpose. Therefore, staff recommends that the request
to abandon a utility easement, located on a portion of former S.E. 2nd Street that was abandoned per
Resolution 02-214 as described above, be approved subject to the comments included in Exhibit "0" _
Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the
Commission will be placed in Exhibit "0" - Conditions of Approval.
S:IPlannlngISHAREOIWPIPROJECTSIGulfstream LumberlUptown Lofts at Boynton PlacelABAN 07..o011Staff ReportGulfstreamLumberABAN.doc
Exhibit 'A' .. Location Map
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AREA OF REQUESTED
EASEMENT ABANDONMENT
Legal DescriDtion of Reouested Easement Abandonment
That part of the right of way for Southeast 2nd Street (fonnerly Ronald Street)
as shown on the plat of Central Park, according to the plat thereof recorded in
Plat Book 12, Page 12 of the Public Records of Palm Beach County, Florida,
described as follows:
Begin at the northwest corner of lot 20 of said Plat of Central Park; thence S.
0054' 40" E., along the west line oflots 20, 21, 22, and 23,300.00 feet to the
southwest corner of said lot 23; then N. 90 0 00' 00" W., 50.00 feet to the
southeast corner oflot 24; thence N. 0054' 40" W., along the east line oflots
24, 25, 26, 27, 28, and 29, 300 feet to the northeast corner of said lot 29;
thence N, 90 0 00' 00" E., 50.00 feet to the point of beginning.
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EXHIBIT "D"
Conditions of Approval
Project name: Las Ventanas
File number: ABAN 07-001
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
PRIV ATE UTILITIES
Comments:
1. Florida Power & Light has no objection to the abandonment contingent X
upon the following conditions:
a. Additional easements must be granted to FPL for any and all proposed
FPL facilities necessary to service any and all future construction
requiring electrical service at abandoned site.
b. All easements where FPL facilities exist are not considered abandoned
until said facilities are de-energized, relocated and/or removed.
c. Any and all cost resulting in the relocation or removal of FPL facilities
due to said abandonment are paid by the customer and/or property
owner and/or requesting party.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
Conditions of Approval
2 Las Ventanas
I DEP ARTMENTS I INCLUDE I REJECT I
P ARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS ,
Comments:
I
1. To be determined. X I
I
ADDITIONAL CITY COMMISSION CONDITIONS I
Comments:
1. To be determined. I
S:\Planning\SHAREDlWP\PROJECTS\Gulfstream Lumber\Uptown Lofts at Boynton Place\ABAN 07-001\Condition of Approval Las Ventanas.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Las Ventanas
APPLICANT'S AGENT: Epoch Properties, Inc.
APPLICANT'S ADDRESS: 359 Carolina Avenue, Winter Park, Florida 32789
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 3,2007
TYPE OF RELIEF SOUGHT: Request to abandon a fifty (50) foot wide utility easement located
adjacent to Lots 20-23 to the east, and Lots 24-29 to the west, Plat of
Central Park
LOCATION OF PROPERTY: Northwest corner of Federal Highway and Woolbright Road, south of
Southeast 1 ih Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "D" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other:
DATED:
City Clerk
S:\PlanningISHARED\WP\PROJECTS\Gulfstream Lumber\Uptown Lofts at Boynton PlacelABAN 07-001\DO.doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
[x. - CITY MANAGER'S
REPORT
ITEM A
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon)
0 May 1,2007 April 16, 2007 (Noon) [gl July 3, 2007 June 18,2007 (Noon)
0 May 15,2007 April 30,2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon)
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
o Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
[gl City Manager's Report
o New Business
o Legal
o Unfinished Business
o
RECOMMENDATION:
Status report on MLK discussions with Intown.
EXPLANATION: This is a follow-up to discussions on April 17, 2007 by the City Commission. (See attached)
Previously, staff of the CRA and the City completed the assessment of estimated development. The information was sent to
the Developer bye-mail on March 19th with a revision dated March 23rd. The City received a follow-up from Intown on May
lOth. This was circulated to the City Commission. Additional questions from the City and CRA were prepared and sent to the
developer. This was in the form of an e-mail to the Developer dated June 4,2007 with a requested response on June 18,2007.
The developer did not meet the deadline. The questions from June 4, 2007 were as follows:
QUESTIONS RELATED TO INTOWN PROPOSAL
1. Does the proposal include the use of the City's Public Works site? See Figure 1, Page 3 of Fishkind Report. The
map appears to include the City property.
2. Table 3 Lease Rates are presented. How do these relate to market rates? Ifbelow market rate, how will gap be
funded? What is the specific source offunding?
3. Table 4 shows a comparison of project costs/revenues depending on if the City and CRA are participating in the
project. A pure private deal shows a loss of fO.35%. Introduction of$34.9 M in TlF payments reduces the loss
to almost break-even. Adding $18Mfrom the City for infrastructure support brings the project to a positive
balance of 4.41%. Finally, thefourth scenario adds the TlF, infrastructure, adds $15 M in
City/CRA/County/State subsidies and $26.8 M in worliforce housing subsidies. This yields what Fishkind notes is
a profit margin of 16.5% or within the "marketplace norm" of 15-20%. Based on this, there are several
questions:
TlF Payments - Are the estimated payments based on projecting the value of $356M (see Intown 's Estimated Incentive
Calculation Worksheets). How exactly does the developer propose these payments be made? Is it expected that the
TlF funding would be based on $328M in value from day one or does the developer propose that there be an annual
"ramp-up" based on actual taxable value?
Care also needs to be taken in that the developer is only discounting the market value based on homestead exemptions
of $25Kfor each unit. Infact, the Property Assessor's Office includes other factors that essentially drive the taxable
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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AGENDA ITEM REQUEST FORM
value. It is a moot point if the developer is projecting their TlF request on $328M. Is this a correct assumption that
the developer expects participation based on the TlF increment generated by $328 M in taxable value from the first
year of the program?
If so, the CRA will need to "borrow" from other properties in the CRA to meet the annual TlF contribution to the
developer. How exactly does the developer anticipate this will work? The CRA 's Financial Advisor will need to
review the long-term revenue projections for the CRA and determine if such an annual payment is feasible with such
use of other TlF revenue (essentially borrowing against other taxable value in the CRA to meet the obligation.).
Does the Developer wish to have the funds paid out over time or a lump sum distribution of the TlF revenues into an
account? To do so, the CRA would need to issue bondsfor the $34.9 M. This raises several collateral issues related to
IRS arbitrage and the ability of the CRA to borrow this amount based on their current debt load. Again, this is an
analysis that the CRA 's Financial Advisor will need to review.
Also, in response to the concerns with property tax reform with a possible rate roll-back to 2003 levels, the Developer
responded informally that the $600,000 year short-fall with a tax rate drop would have to be paid by the City and/or
CRA. Please confirm that this is what the developer wishes to have us include in the City staff report.
Infrastructure Payment from the City of $18 M - How is this to be paid? By that I mean, how much when and over
what time period?
City/CRA Land Subsidy -- $5 M is this amount to be paid in cash or property? Please clarify?
County Land Subsidy - $5 M. What discussions has the developer had with the County on this topic? Unless the
County is a signatory to the development agreement, this cannot be included in the mix.
Scale CWIP Subsidy - $5 M. What discussions has the deveioper had with the State on this topic? Unless the Stare is a
signatory to the development agreement, this cannot be included in the mix.
City/County Workforce Housing Subsidy - $26.8 M. How exactly is this to be calculated and paid out and over what
period?
City/County/State Permit Fees - The staff analysis included an estimate offees to be in the range of$I6.I M. H01-1' are
these to be paid?
Note: As of June 26, 2007, the information requested had not been received. Staff has advised the developer that a staff
recommendation for the meeting of July 3,2007 was not possible due to lack of timely response and agenda deadlines.
This has not occurred and we cannot complete our assignment.
PROGRAM IMPACT: Pending the results of negotiations with lntown
FISCAL IMPACT: (Include Account Number where funds will come from) -- Pending response from developer.
ALTERNATIVES:
I. Conclude that the negotiations were not successful.
2. Direct staff to continue negotiating with the developer with an established deadline date.
3. Grant an extension to a date certain to the developer to conclude negotiations.
4. Extend the discussions with Intown to March], 2008 when the impact of the property tax referendum in January
2008 will be known.
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
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AGENDA ITEM REQUEST FORM
5. Assign the negotiations to different parties.
Department Head's Signature
~~
"-
- City Manager's Signature
Assistant to City Manager
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Index of Attachments
~ Excerpt of Minutes from City Commission Meeting of April 17,
2007
~ Memorandum from City Manager to City Commission dated
May 10, 2007 re: Receipt of Documents from Intown
~ Letter from Fishkind & Associates dated May 10, 2007 re:
Seacrest Village Mixed Use/Mixed Income Redevelopment
Project, Boynton Beach, FL
~ Intown Final Budget to City of Boynton Beach May 10, 2007
~ E-Mail from Kurt Bressner to Intown and staff dated June 4,
2007
Minutes
Regular City Commission
Boynton Beach, FL
April 17, 2007
Motion
Commissioner McCray moved for the approval of Item VIII.C. with the removal of Condition of
Approval 25. Commissioner Weiland seconded the motion. The motion passed unanimously.
Mr, Breese requested the application of Jerry's agar Lounge be reconsidered and Condition of
Approval two be eliminated for the same reason; the owner of Paz Plaza withdrew the request
for cross access.
Motion
Commissioner McCray moved to reconsider Jerry's agar Lounge with the removal of Condition
of Approval number two. Commissioner McKoy seconded the motion. The motion passed
unanimously.
D.
Project:
Agent:
Owners:
Location:
Description:
Southern Dance Theatre (SPTE 07-004)
Penni A. Greenly, Managing Member
Southern Dance Theatre, Inc.
1203 Knuth Road
Request for a one (1) year site plan time extension approval
(NWSP 06-001) granted on March 21, 2006, from March 21, 2007
to March 21, 2008.
Mr. Breese related to a site plan extension. The site plan approvals have been submitted for
permit purposes and staff recommended approval of the request.
Mayor Taylor opened the issue for public hearing.
Robert Brown, 701 S. Seacrest, indicated he was acquainted with the owner and she was
an invaluable role model for the youth. He recommended the request should be approved.
Mayor Taylor closed the public hearing. No one came forward.
Motion
Commissioner Weiland moved to approve Item VIII.D. Commissioner McCray seconded the
motion. The motion passed unanimously.
Mayor Taylor recessed the meeting at 7:55 p.m.
Mayor Taylor reconvened the meeting at 8:03 p.m.
IX. CITY MANAGER'S REPORT:
A. Status report on MLK discussions with Intown
12
Minutes
Regular City Commission
Boynton Beach, FL
April 17, 2007
Mr. Bressner reviewed the previous negotiations and advised a response from the developer
was needed. The request was for the amount of money needed from the City or CRA to
underwrite the cost of development based on 40 units to the acre.
Commissioner McCray inquired if the June 12th deadline was still valid and Mr. Bressner replied
the Commission had not responded to the request of the CRA for confirmation of a June 1th
deadline.
Barbara Rudd, a Principal of Intown Partners, thanked the Commission for the opportunity to be
present and introduced Kevin McCormack, the President and CFO of McCormack, Baron Salazar.
Ms. Rudd commended the City staff for supplying the necessary information and Lisa Bright for
her willingness to work with the developer.
A video was shown of the accomplishments and goals of McCormack, Baron & Salazar.
Commissioner McCray asked when the video was copyrighted and Ms. Rudd replied it was
developed in 2004. Commissioner McCray indicated he appreciated the information but there
were some negatives that were not divulged in the video.
Mr. McCormack addressed the Commission, and advised he was a banker on the finance side of
the group. The information provided was being digested and a firm set of proposals would be
forthcoming in the next three to four weeks.
Mayor Taylor discussed the status of the joint venture agreement. Mr. Bressner confirmed the
City had seen the agreement and Ms. Rudd confirmed the joint venture agreement between
Intown Partners had been provided.
Lisa Bright, CRA Executive Director, advised the agreement had been received and reviewed by
the CRA attorney who had presented it to the CRA board as a six month planning contract
rather than a joint venture partnership. Attorney Cherof indicated he had not reviewed the joint
venture agreement. Ms. Rudd assured the matter would be resolved and the documents would
be shared with all parties including the CRA attorney. Mr. Bressner concurred the agreement
submitted would be distributed to all parties.
Mayor Taylor inquired regarding the financial filings and Ms. Rudd advised the information was
given to Mr. Reardon and had been forwarded to Mr. Bressner. Further, Mayor Taylor advised
the County was also interested in being involved. He emphasized the agreement was between
the City, CRA and Intown and if the developer could obtain assistance from the County, the City
would not be involved in that process.
Mr. Bressner reiterated there would be one more negotiation session. The data had been
provided to the developer with a response required, and then one final, continuous negotiation
session would be held until there was either a deal or no deal. Additional meetings should not
be necessary.
13
Minutes
Regular City Commission
Boynton Beach, FL
April 17, 2007
Vice Mayor Rodriguez suggested the parameters of future expectations should be specifically
stated. Mr. Bressner outlined a response in the form of a revised pro forma, incorporating the
additional information provided to the developer, and a meeting needs to be scheduled to
negotiate a deal to be presented to the City Commission or not. It was agreed the final
presentation to the Commission would be made at the July 3rc:1 City Commission meeting.
Commissioner McCray inquired how long Intown had been in the City negotiating for the Heart
of Boynton project. Ms. Rudd estimated four years.
Commissioner McCray also requested equal rights to ask questions when he felt it was
necessary to clarify any issue.
B. Update of the American Assembly
Carisse Lejeune, Assistant to the City Manager, gave a status update on the American Assembly
implementation process. She reviewed the process and efforts to date. The action items from
the initial meetings were divided among the various subcommittees. A reception to welcome
the subcommittees has been scheduled for instruction by the implementation team and the
reporting function to advise the City Commission.
C. Status Report on the Property Tax Legislation
Mr. Bressner reported the property tax issue was continuing to change. The last amendment
involved exclusion of adjusting any pension or public safety expenses. His opinion was the
Senate plan was better; however, both the Senate and House were missing the point of
addressing the property values issue. The Governor's office would be reviewing the suggestions
of the City of Boynton Beach. Mr. Bressner was unsure of the outcome at this point, including a
Constitutional issue that may need to be resolved. Mayor Taylor complimented Mr. Bressner for
offering alternatives to the legislature. Mr. Bressner did advise the City has $7.3M of state
mandates that are unfunded. There are also County and Federal mandates that are unfunded.
D. Update on Cherry Hill Development - Palm Beach County Housing Authority
Mr. Bressner had received information from the Housing Authority and the City could provide
facilitative services to the residents rather than monies. Assistance could be provided for the
housing needs of the tenants in the 38 units being demolished. All tenants do have Section 8
certificates. Meetings could be facilitated also. The cost would be approximately $5,000.
Commissioner McCray commented the residents of Cherry Hill have known this could happen
for some time and the City of Boynton Beach is not responsible for their plight. He was not in
favor of subsidizing any housing. Mr. Bressner contended assistance could begin to be offered
within the next week.
x. FUTURE AGENDA ITEMS:
A. Land Development Regulations Rewrites (May 1, 2007)
14
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The City 01 Boynton Beac.b.
OFFICE OF THE CITY MANAGER
100 E Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Oty Managers Office: (561) 742-6010
FAX: (561) 742-6011
e-mail: bressnerk@ci.boynton-beach.fI.us
www.boynton-beach.org
To:
From:
Date:
Subject:
Mayor Taylor
Vice-Mayor Rodriguez
Commissioner McCray
Commissioner McKoy
Commissioner Weiland
Kurt Bressner, City Manager
May 10,2007
Receipt of Documents from Intown
This week, I received the attached documents bye-mail from the developer. Weare in the process
of reviewing the submittal. Based on my early review, there may be an error in the assumed tax rate
for tax increment participation by the CRA. This is important because the tax rate is critical in
calculating how much in tax revenue the CRA will be asked to pay to the developer. The proposal is
allocation of 95% of the TIF increment produced from the development value assuming a taxable
value of $328.7 Million. Based on the current City tax rate of 7.14 assumed by the developer and
4.47750 Palm Beach County rate, the projected annual tax incentive would be $3.2 M to the
developer. I have advised the developer that this assumption may be too generous given the possible
rollback ofthe City's tax rate from 7.1 mills to 5.05 mills based on rollback to 2003-04. This means
that the amount generated from the assumed taxable value is lower. Either this shortfall will need to
be absorbed from other sources or not available to the developer.
This is a very difficult situation beyond the control ofthe developer and the City but it affects their
budget and request. I have asked the developer to review their data and consider an adjustment
based on a more conservative tax rate projection. In response to my inquiry, the developer noted
that they would reduce the City and County tax rate by 20% (City rate 5.68 and County Rate of
3.582). This resulted in a TIF revenue stream being reduced from the original $3.2 M to $2.6 M). In
an e-mail back to me today the developer indicated that the shortfall of $600,000 annually would
need to be made up in the form of additional subsidies. Over the life of the incentive package
proposed, this would be $7.235 million in additional subsidies.
Other possible subsidies (based on the May 10,2007, report from Fishkind & Associates include:
Infrastructure Subsidy (from City and County)
City/CRA Land Subsidy
County Land Subsidy
State CWIP Subsidy
County/City/CRA Workforce Housing Subsidy
$18 M
$ 5 M
$ 5M
$5M
$26.82M
Additional Subsidy due to Tax Rate Drop by 20%
$7.235M (per e-mail from developer)
All of these are very preliminary and are related to the level of profit the development is expected to
produce. For a good discussion of this see pages 6-8 and Appendix #3 in the Fishkind & Associates
Report.
Please understand that the specific business terms ofthe agreement, including the timing and basis
for the City/County and CRA cost participation have yet to be determined. I have some questions
about the timing, method and basis of the requested subsidies.
In addition, with the property tax adjustments and budget issues facing the City, careful factoring of
these changes into this proposal is essential.
Thank you.
Cc: James Cherof, City Attorney
Wilfred Hawkins, Assistant City Manager
Carisse Lejeune, Assistant to City Manager
Quintus Greene, Development Director
Nancy Byrne, Assistant Development Director
William Mummert, Finance Director
Michael Rumpf, Planning and Zoning Director
Lisa Bright, CRA Director (Less enclosures)
AMERICA '8 GATEWA Y TO THE GULF8TREAAf
FISHKIND
& ASSOCIATES
11I11I11I11
IIl1a
--
~
May 10, 2007
Intown Partners
826 Estuary Way
Delray Beach, FL 33483
RE: Seacrest Village Mixed Use/Mixed Income Redevelopment Project
Boynton Beach, Florida
Dear Intown Partners:
You have asked our opinion concerning the proposed Seacrest Village
redevelopment project ("Project") in Boynton Beach, Florida. More specifically,
you requested our professional conclusions on the following:
(1) The reasonableness of projections concerning pricing and absorption,
(2) The economic justification for request for tax increment financing and
other subsidies for the Project.
In developing our opinions we carefully reviewed the pro forma, the market
studies prepared for the Project, and considered the projected needs for
workforce and mixed income housing, retail and economic development for the
City and Palm Beach County. We also studied the market studies and other
research conducted for the City and its CRA and Palm Beach County. In that
regard our opinions are informed by the following recent studies of the CRA and
Palm Beach County.
· Retail Market Analysis and Strategy for the CRA in Boynton Beach,
Florida (November 2005) by the Chesapeake Group, Inc.
· Heart of Boynton Neighborhood Redevelopment Plan (May 2006) by
Metro Studies and the Treasure Coast Regional Planning Council
· Palm Beach County Workforce Housing Needs Assessment (June 29,
2006) by Florida International University
· The City of Boynton Beach Workforce Housing Ordinance (February
2007)
12051 Corporate Boulevard, Orlando, Florida 32817 (407) 382-3256 FAX (407) 382-3254 Email home@fishkind.com
In addition, our opinions are based in part on our recent work for other mixed-use
projects in other CRAs in Florida. In particular, construction cost estimates were
reviewed in light of University Corners in Gainesville, Florida; Coconut Creek
Town Center, in Coconut Creek; First Street Village in Ft. Myers, Florida; and
Midtown Miami, in Miami. These projects are currently under construction in
CRAs in these cities. Finally, our opinions are also supported by current market
research we conducted to support estimates for product pricing and for
absorption. For reference my resume is attached in Appendix #1.
Proiect Overview
As you know, the Project is a mixed-use community. Table 1 presents the real
estate program for the Project. The Project includes a total of 1,052 dwelling
units of which 30% or 315 units are priced and positioned for deeded workforce
housing. There will be approximately 600 units out of the 1052 total dwelling
units that will be priced in the Palm County Area Median Income workforce
category, currently at $66,400 (family of four), from 80% AMI to 150% AMI range.
The Project also features space for a full line grocer.
Table 1. Seacrest Village Real Estate Program
Residential - Condo/
Condo Hotel Sales
Market Rate Residential
Square feet per Unit
1,225
1,250
1.250
1.100
1,100
1,100
Units
161
239
337
97
131
87
1,052
Workforce Housing
Total Units
Commercial - Unit Retail
Sales
Square Feet
Lease/Sqft
Health Club
Retail
Retail
Retail
Office
Community Center
Anchor Grocery
Total Commercial
15,000
10,000
20,000
20,000
30,000
10,000
40,000
145,000
$18
$24
$28
$30
$26
$0
$12
Source: Intown Partners
Analysis of Seacrest Village
Page 2 of 17
The Project is very attractively designed as a real "village". In this way it can
compete more effectively in a crowded urban marketplace. As Figure 1
illustrates, the Project is envisioned as an attractive destination as well as a great
neighborhood. Retail uses are integrated with the residential offerings. Building
heights are controlled to produce approachable human-scale streetscapes. The
taller buildings are in the central part of the community with height scaling down
at the boundaries with the existing neighborhood. While the Project is urban in
scale, the design calls for extensive landscaping and public plazas to create an
inviting and balanced mixed-use community.
Figure 1. Rendering of the Project
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Figure 2 provides a more intimate view of the streetscape as envisioned for the
Project. Parking garages are hidden behind the buildings to enhance the walk-
ability of the Project and to promote activity on the boulevards.
Figure 2. Streetscape View of the Project
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Analysis of Seacrest Village
Page 3 of 17
Pricina and Absorption
Product pricing and the rate of sales and leasing activity are intimately
intertwined and phased accordingly. In redevelopment projects, especially those
that can be considered pioneering, such as the Project, it is important that the
pricing be very attractive. However, redevelopment projects are typically much
more expensive than green-field developments. Land prices are higher in urban
areas. However, in this CRA area, in agreement with the Treasure Coast
Regional Planning Council, it seems that land has been purchased too high as
other comparable CRA redevelopment areas are typically selling for between
$400,000 per acre and $650,000 per acre. Typically densities are higher as well,
often requiring parking decks that further add to costs. All of this creates tension
in the financial pro forma. Finally, if initial prices are set too high, sales and
leasing will languish and the project will be tainted by failure.
With these considerations in mind Table 2 displays the pricing structure for the
residential product offerings in the Project. As noted above, the Project has
positioned 30% of the units to be deeded for the workforce market with the
balance oriented to the broader marketplace. To maintain affordability, the units
are moderately sized and designed to attract an 'urban village' lifestyle. Market
rate units range in size from an average of 950 square feet of air conditioned
space up to 1,500 square feet. Base prices for the units range from an average
low of $237,500 to a high of $413,000 which incorporates condo, loft and
town home product. These prices are purposely set to be attractive in the context
of the Palm Beach county housing market. For reference purposes the average
price for a new condominium unit closing in February, 2007 was $372,977. This
average price includes both built-new units and condominium conversions, so the
pricing for newly built units is higher than this average.
Table 2. Pricing Structure for Residential Products at Seacrest Village
Product
Square feet per Unit
Price/Square Foot
Price/Unit
Market Rate
Phase 1
Phase 2
Phase 3
1,225
1,250
1,250
$250
$265
$280
$306,250
$331,250
$350,000
Workforce
Phase 1
Phase 2
Phase 3
1,100
1,100
1,100
$195
$205
$215
$214,500
$225,500
$236,500
Analysis of Seacrest Village
Page 4 of 17
The units designed for workforce housing are sized at an average of 1,100
square feet to assure their affordability. There are three levels of amenities and
finishes for the units to provide for affordability at various income levels. The
total pricing for the units ranges from $146,000-to-$258,000. These units will be
affordable for families with incomes from 80% AMI to 150% AMI, $55,000-to-
$65,000-to-$96,000 annual income, without additional subsidies.
In determining the initial lease rates for the commercial space in the Project, the
analysis was driven by the following factors. First, the location is pioneering from
a retail perspective. Second, the neighborhood demographics are a limiting
factor in terms of household incomes. Third, there is strong competition from
other established retail centers in the marketplace. Fourth, the Project itself will
provide demand for the retail and commercial offerings on site. Fifth, there are
additional residential units planned and under construction in the CRA. In light of
these factors it is useful to reflect upon the following passage taken from the
study by the Chesapeake Group, Inc. (Retail Analysis November, 2005, Phase II
Retail Demand Analysis Pg 9)
, MLK at Seacrest and others - Should development occur at any of the MLK sections It
would likel)' be composed of activity net dissimilar but smaller than that associated wfth Ulat
associated with some or al of WooIbll3ht. Thus, not only would II fate Stiff and dominant
competition to form existing retail to the west in Bo)'nton Beach. but would face competItion
from Woolbflght as weB. The area Is not likely to be competitive unless massive
redevelopment and associated residential displaoement OOCU'S. Retail in the area would
mn likely be viable in the tradJfiOnal sense at or substantially below the -holding capacity-
figures. Viability would be interpreted as being able to pa)' market rate rents, pay al costs
of operation, provide a return on investment based on market oondilions over time, and
allow for the proprietor to be paid a salary Of rate &ufficient to be the primary Income earner
in a household whose incomes would be above poverty level or that 1he propr1elor coufd
earn in ano1her job. ThU$. retail or JenionaJ services In this area would likely have to
receMt .compensation- creallng space at below market rates. receiw below market rate
rents, and potentlafly exist as 8 second source of klcome in the propriekn households.
These factors identified by Chesapeake were taken specifically into account in
the design, positioning, and pricing for the Project. Additionally, from further
research, since the Chesapeake study was performed, some of the new projects
on Woolbright are not coming on line as expected. Their delay improves the
outlook for the future of commercial development in the Project. The Project
includes over 1,000 new dwelling units thereby creating an onsite source of
demand. The Project has the size and scale to become an attractive destination.
Most importantly, the proposed lease rates will be very attractive and in fact
below market levels. Table 3 shows the leasing rates anticipated for the Project.
Analysis of Seacrest Village
Page 5 of 17
Table 3. Anticipated Leasing Rates for Sea crest Village
Product Square Feet Lease Rate
Health Club 15,000 $18
Retail 10,000 $24
Retail 20,000 $28
Retail 20,000 $30
Office 30,000 $26
Community Center 10,000 $0
Anchor Grocery 40,000 $12
The space reserved for an anchoring grocer is scheduled for a very attractive
lease rate of $12/square foot. This will facilitate bringing the anchor to the site.
In addition, the community center will be provided at no rent. This will promote
active use of the center and bring more traffic to the merchants. The balance of
the rent profile is below market norms for new construction.
At the prices stated for the residential units real estate sellout is projected over a
four year period. During this same timeframe all of the commercial space is
projected to be leased and occupied. The combination of very attractive pricing
and a great urban design will promote strong absorption. In addition, the pro
forma for the Project has a large marketing and advertising budget. Finally, the
pro forma also includes very attractive brokerage commissions to promote the
sale and leasing of the Project.
Analvsis of Proiect Economics and Need for Tax Increment FinancinQ and
Additional Incentives Proposed bv Proiect Developers
Appendix #2 contains a complete cash flow pro forma for the Project. Table 4
provides a summary of the financial results. Four scenarios are presented
illustrating the economics of the Project. The first scenario shows the economics
without any tax increment funding ("TIF") or other public subsidies. The next
three scenarios show the effects of various levels of public participation in the
Project.
Analysis of Seacrest Village
Page 6 of 17
Table 4. Pro Forma Cash Flow Financial Summary for Seacrest Village
With TIF &
City
No TIF or Infrastructure With TIF & All
Category Subsidies With TIF Only Subsidy Subsidies
Total Project Revenue $326,270,700 $326,270,700 $326,270,700 $326,270,700
TIF Revenue $0 $34,932,728 $34,932,728 $34,932,728
----------- ----------- ----------- -----------
----------- ----------- ----------- -----------
Total Revenue $326,270,700 $361,203,428 $361,203,428 $361,203,428
Gross Cost $363,935,017 $363,935,017 $363,935,017 $363,935,017
City/County Infrastructure $0 $0 -$18,000,000 -$18,000,000
----------- ----------- ----------- -----------
----------- ----------- ----------- -----------
Adjusted Development Cost $363,935,017 $363,935,017 $345,935,017 $345,935,017
Additional Subsidies:
City / CRA Land Subsidy $0 $0 $0 -$5,000,000
County Land subsidy $0 $0 $0 -$5,000,000
State Subsidy CWHIP $0 $0 $0 -$5,000,000
County / City Workforce Housing
Subsidy $0 $0 $0 -$26,820,000
----------- ----------- ----------- -----------
----------- ----------- ----------- -----------
Net Total Cost $363,935,017 $363,935,017 $345,935,017 $304,115,017
----------- ----------- ----------- -----------
----------- ----------- ----------- -----------
Net Revenue -$37,664,317 -$2,731,590 $15,268,410 $57,088,410
Return on Cost -10.35% -0.75% 4.41% 16.50%
As Table 4 documents, the Project is not economically feasible without public
support. The total costs exceed projected revenue by more than $37,000,000.
The economics improve if tax increment funding is provided. Under this option
the CRA would commit to providing 90% of the incremental tax revenues
generated by the Project at its projected buildout date. Appendix #3 provides the
details supporting the calculation of TIF. The addition of TIF revenues increases
total project revenues by almost $35,000,000. However, even with TIF, the
Project is still not economically feasible generating a loss of almost $3,000,000.
The developers have requested that the City offset some of the extraordinary
costs for the development. In particular the developers have requested that the
City and County provide $18,000,000 for infrastructure. If the City agrees to this
contribution to the Project, the total costs are reduced by the $18,000,000
contribution. As Table 4 shows, this increases the Project's estimated return on
cost to 4.45%. While this is better, it is still significantly below market
requirements for a reasonable return on cost. The marketplace norm for projects
of this type is a return on cost of 15%-to-20%.
Analysis of Seacrest Village
Page 7 of 17
To make the Project economically feasible, the developers have also requested
subsidies for the workforce housing component of the Project from the City, the
County and the CRA ($26,820,000), a County land subsidy ($5,000,000),
City/CRA land subsidy ($5,000,000), and a State of Florida housing grant
($5,000,000). Including these additional subsidies increases Project revenues
boosting the return on cost to 16.5%. At this level the Project becomes feasible.
It is clear that the extraordinary costs of the Project, including land, along with the
commitment to provide a substantial volume of workforce housing will
necessitate significant public participation in the Project to make it financially
feasible.
Finally, to make the Project economically feasible, and to enhance the efficiency
of the TIF, we have assumed that the City will encourage the establishment of a
Community Development District ("CDD") for the Project. The CDD would issue
bonds to fund Project infrastructure and to monetize the TIF. As Appendix #2
shows, the use of CDD assessments to enhance and to back-stop the TIF
revenues allows for no coverage requirements for the pledge of the TIF.
Through this structure the effectiveness of the TIF is enhanced, and the
requirement for additional public support for the Project is reduced. This same
structure was used for the Midtown Miami transaction and is anticipated for the
support of the First Street Village project.
Please feel free to contact me or Brian Martin in my office if we can be of further
assistance in this matter.
Sincerely,
Henry H.
Digitally signed by Henry H.
Fishkind, Ph.D.
DN: cn;Henry H. Fishkind, Ph.D.,
F. h k' d Ph D C;US. o;Fishkind & Associates,
I Sin, ., Inc., email;hankf@fishkind.com
Date: 2007.05.10 13:46:16 -04'00'
Henry H. Fishkind, Ph.D.
President
Cc Ms. Samantha Simons, President Intown Partners
Cc Mr. Brian Martin, MBA, Fishkind and Associates, Inc.
Page 8 of 17
Analysis of Seacrest Village
APPENDIX #1
DR. FISHKIND'S RESUME
Analysis of Seacrest Village
Page 9 of 17
Henry H. Fishkind, PhD
President
Professional
Qualifications
Education
Bachelor of Arts, Economics
Syracuse University
July 1971
Areas of Expertise
Economic Analysis
Econometric Modeling
Project Finance &
Feasibility
Doctor of Philosophy, Economics
Indiana University
July, 1975
Financial Analysis &
Advisory
Fiscal Analysis
Military Base Analysis
Litigation Support
Real Estate Economics
Emplovment Record
Managing Partner
Woodbridge Vintage Chips
Period
1994-Present
President
Fishkind & Associates, Inc.
1988-Present
President
M.G. Lewis Econometrics, Inc
1984-1987
Associate Director For Programs
Bureau of Economic and
Business Research
University of Florida
1 980-1983
Economist/Associate Professor
University of Florida
1975-1983
Professional
Synopsis
With over 20 years of experience in economic analysis and forecasting, Dr
Henry Fishkind is widely regarded as one of Florida's premier economists and
financial advisors. Dr. Fishkind's career began in the public sector where he
worked as an economist and Associate Professor at the University of Florida. In
1980 Dr. Fishkind became the Associate Director for Programs, University of
Florida's Bureau of Economic and Business Research. During his tenure at the
University, Dr. Fishkind served for three years (1979-1981) on the Governor's
Economic Advisory Board. Dr Fishkind began his career as a private sector
consultant when he became president of M.G. Lewis Econometrics in Winter
Park, Florida. In 1988 Dr. Fishkind formed Fishkind & Associates, Inc. as a full
service economic and financial consulting firm. From 2001-2003 Dr. Fishkind
was a member of Governor Bush's Council of Economic Advisors. Dr. Fishkind
served on the Board of Directors of Summit Properties until the companies were
sold
Selected Client
List
State of Pennsylvania
Engle Homes
Centex
Florida Home Builders
Association
Florida Power Corporation
S1. Joe
A. Duda & Sons
State of Florida
Page 10 of 17
Analysis of Seacrest Village
The Villages
ITT
Development
Lennar
Orlando
Community
City of Ft. Lauderdale
City of Orlando
Commission
City of Hollywood Waste Management. Inc.
cSR/Rinker Materials Trammell Crow, Inc.
Major Central Florida Attraction Company WCI
Communities
Ban kA tl antic
Justice
EcoGroup
Utilities
U.S. Department of
King Ranch
Analysis of Seacrest Village
Page 11 of 17
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Value of the Project prior to Redevelopment $8,060,365
(Aggregate Value of all orooerties within Proiect Boundarv)
Value of the Project after Redevelopment $356,580,000
(AQQreQate Value of all properties within Project Boundarv)
Homestead ($25,000/unit) $19,725,000
Project Increment $328,794,635
TIF Revenue'= (95% of Project Increment X (City Millage + County
MillaQe)
City MillaQe Rate 7.10000
City TIF Contribution = 95% of Project Increment X Citv MillaQe $2,217,720
Countv MillaQe Rate 4.47750
Countv Contribution = 95% of Project Increment X Countv Millaae $1,398,569
TIF Revenue created bv Proiect $3,616,289
Incentive Award = Award Factor X TIF Revenue created bv Project
Award Factor 90%
Total Incentive Award Per Year 9;3 254 660
Total Remainina with CRA $361,629
APPENDIX #3
TAX INCREMENT FUNDING ANALYSIS
PV @ 6.75%
$48,375,965
Total over 30 yrs
137,378,006
PV of TIF at
build out, no
increase
$41,422,563
$
Category
Amount
Construction Fund
Capitalized Interest
Debt Service Reserve
Original Issue Discount
Underwriter's Discount
Cost of Issuance
Rounding
$34,932,728
$2,174,551
$3,337,890
$0
$724,850
$250,000
$0
---------
---------
Total
$41,420,020
Analysis of Seacrest Village
Page 17 of 17
seacrestvil
, "
~
INTOWN PARTNERS LLC
SEACREST VILLAGE DEVELOPMENT
BOYNTON BEACH, FLORIDA
BUDGET
MAY 09 2007
Seacrest Village Budget May 2007
City / Intown Revised Calculations
CRA Importance of Workforce Housing
Seacrest Village Opinion Letter
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INTOWN PARTNERS LLC
Workforce Housino Breakdown 1bdrm 2bdrm 3bdrm
Sales Price Per Sa Ft Small I Medium I . Laraer
Phase 1 750 900 1200
$195 $146,250 $175,500 $234;000
Phase 2 850 950 1200
$205 $174,250 $194,750 $246,900
Phase 3 750 950 1200
$215 $161,250 $204,250 $258,bClO
1 bdrm 2bdrm 3bdrm
Small Medium La er
Phase 1 950 1200 1475
$250 $237,500 $300,000 $36~,~50
Phase 2 950 1250 1475
$265 $251,750 $331,250 . $390,875
Phase 3 950 1250 1475
$280 $266,000 $350,000 $413,000
AM Sale Price ange
I Percentaae AMI 80-100 % 101-120 % i. 121-135 % 136-150 % 150%1+' ... Total % we Units
\/II Sale Price Range $180,000 $225,000 $265,000 $300,000 $350,000
. 'hase 1 # units per category 20 118 96 24 258
% ratio per category 8% 46% 0% 37% 9% 91%
Phase 2 # units per category 20 171 143 36 370
% ratio per category 5% 46% 0% 39% 10% 90%
Phase 3 # units per category 18 43 110 202 51 424
% ratio per cateoorv 4% 10% 26% 48% 12% ., 88%
Total # of units per category 58 332 110 441 111 1052
Total % of units per cateoorv 6% 32% 10% 42% 11%1. ". ~ 1db%
R
~
~:,
INTOWN P...RT"IFRS 1.L.C
May-07
i<et Rate Units
,sa ft 950 1250 1500 avo sa ft
Phase 1 SF $250 850 - 1000 1100 - 1350 1400-1600 1250
Unit Type 1-1 1/2 2/2 1/2 3/21/2
# Units per type 161 41 96 24
Avg sale price per unit $237.500 $312,500 $375,000
Avg sq ft 950 1250 1500 1250
Phase 2 SF $265 900-1000 1200-1350 1400-1600
Unit Type 1-1 1/2 2/21/2 3/21/2
# Units per type 239 60 143 36
Avg sale price per unit $251,750 $331,250 $397,500
Avg sq ft 950 1250 1500 1250
Phase 3 SF $280 900-1 000 1200-1350 1400-1600
Unit Type 1-1 1/2 2/2 1/2 3/21/2
# Units per type 337 84 202 51
Ava sale orice oer unit $266.000 $350,000 $420,000
#units in $200-299k range
# units in $300-399k range
# units in $400-50ok range
# units in $500k+ ranee
185
501
51
737
12501
Workforce Units 30% 750 1050 1250 avo so ft
Phase 1 SF $195.00 750-800 950-1100 1200-1350 1100
Unit Type 1-1 1/2 2/2 3/2
# Units per type 97 20 49 28 31%
Avg sale price per unit $146,250 $204,750 $243,750
750 1050 1250 1100
Phase 2 SF $205. DO 750-800 950-1100 1200-1350
Unit Type 1-11/2 2/2 3/2
# Units per type 131 20 65 46 42%
Avg sale price per unit $153,750 $215,250 $256,250
750 1050 1250 1100
Phase 3 SF $215.00 750-800 950-1100 1200-1 350
Ilnit Type 1-11/2 2/2 3/2
1its per type 87 18 43 26 27%
, sale price oer unit $161,250 $225,750 $288,750
# units in $150-20ok range
#units in $200-299k range
# units in $300 -31 Ok ranae
Total # wf units
58
257
315
1100
AMI SalePric:e Ranae "
Percentaee AMI 80-100 % ". 101-120 % 121-135 % 136-150 % 150% 1+\ Total % wf Units
AMI Sale Price Range $180,000 $225,000 $265,000 $300,000 $350,000
Phase 1 # units per category 20 118 96 24 258
% ratio per category 8% 46% 0% 37% 9% 91%
Phase 2 # units per category 20 171 143 36 370
% ratio per category 5% 46% 0% 39% 10% 90%
Phase 3 # units per category 18 43 110 202 51 424
% ratio oer cateoorv 4% 10% 26% 48% 12% 88%
Total # of units per category 58 332 110 441 111 1052
Totai % of units oer cateoorv 6% 32% 10% 42% 11%1..... 100%
41 $237,500 $9,737,500
96 $312,500 $30,000,000
24 $375.000 $9,000,000
161 $48,737,500
60 $251,750 $15,105,000
143 $331,250 $47,368,750
36 $397.500 $14.310,000
239 $76,783,750
84 $266,000 $22,344,000
202 $350,000 $70,700,000
51 $420,000 $21,420,000
$114,464,000
$239,985.250
20 $146,250 $2,925,000
49 $204,750 $10,032,750
28 $243,750 $6,825,000
97 $19,782,750
20 $153,750 $3,075,000
65 $215,250 $13,991,250
46 $256,250 $11,787,500
131 $28,853,750
18 $161,250 $2,902,500
43 $225,750 $9,707,250
26 $268,750 $6,987,500
87 $19,597,250
$68,233,750
estimated sales price $ 180,000 $ 225,000 $ 265,000 $ 300,000
WORK FORCE FOR SALE
% area median 80-100% 101-120% 121-135% 136-150%
66,400
income 59,760 73,040 84,660 94,620
35% 20,916 25,564 29,631 33,117
taxes 3,600 4,500 5,300 6,000
insurance 2,700 3,375 3,975 4,500
HOA 2,040 2,280 2,520 2,520
P&I 12,576 15,409 17,836 20,097
Mortgage * 179,600 220,000 254,700 287,000
99% 95% 95% 95%
Sales Price 181,400 231,600 268,100 302,100
units 58 332 110 441
sales revenues 10,521,200 76,891,200 29,491,000 133,226,100
maximum total 250,129,500
* Mortgage
interest rate =
years =
constant =
6%
30
7.003%
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Seacrest Village Cost Estimate - Streets and Parking
March 15, 2007
Item
Excavation
Curb and Gutter
Bituminous Pavement
Subbase
Pavement Markings
Letters and Symbols
Lighting Cond / Cable
Poles and Fnd.
Sidewalk, 4 in.
Driveway Restoration
Inlets
Manholes
Drainage Pipe, various
Sod
Trees
Traffic Control
Street Signs
MLK FEC RR crossing
Fiber Optic Relocation
Quantitv Unit
Unit Price
Total Cost
$300,000
$410,000
$325,000
$270,900
$16,500
$7,500
$108,000
$180,000
$225,000
$37,500
$140,000
$135,000
$900,000
$15,000
$75,000
$75,000
$12,500
$400,000
$50,000
$3,682,900
$552,435
$4,235,335
Estimates assume MLK as three-lane configuration. " pull in parking on each side of MLK (10th Ave)
Estimates assume 11th and 9th as 22' wide configuration with curb/gutter, sidewalks
10000 C.Y.
16400 L.F.
2600 Ton
30100 S.Y.
11000 L.F.
1 L.S.
9000 L.F.
45 Ea.
4500 S.Y.
500 S.Y.
40 Ea.
30 Ea.
12000 L.F.
1 L.S.
150 Ea.
1 L.S.
50 Ea.
1 Ea.
1 L.S.
30
25
125
9
2
7500
12
4000
50
75
3500
4500
75
15000
500
75000
250
400000
50000
Note: This estimate contemplates standard sidewalk and lighting. No decorative elements
for lighting or concrete pavers stones have been considered. To consider decorative features, one
must add approximately $750,000 to the above cost.
15% Contingency
Total Expense
ParR!hg;Go~fl;s![mates (Per TortiGallas E-mail of March 14,2007)
Phase 1
Phase 2
Phase 3
Total
Phase 2
Phase 3
Decked Unit Cost
Spaces CosUSpace
o $ 22,500 $
702 $ 24,188 $ 16,979,625
1043 $ 26,002 $ 27,119,630
1745
$ 44,099,255
702
1043
$14,500
$14,175
$14,884
"New estimates for wrapped parking from local S. Florida construction companies
$9,950,850
$15,524.012
$25,474,862
Surface Unit
Spaces w/lights CosVSpace
300 $ 8,500
200 $ 9,138
188 $ 9,823
688
Cost
$ 2,550,000
$ 1,827,500
$ 1,846,689
$ 6,224,189
Seacrest Village. Anticipated Utility Infrastructure Improvements
Item Unit Unit price Quantity Ext.
8-inch water main L.F. 70 1280 $89,600
12-inch water main L.F. 85 1900 $161,500
1 O-inch gravity sewer L.F. 100 2200 $220,000
12-inch gravity sewer L.F. 200 400 $80,000
24-inch casing pipe
under FEC RR L.F 800 205 $164,000
Manholes Ea. 7500 7 $52,500
Fire Hydrants Ea. 65 7500 $487,500
8" Reclaimed water line L.F 70 2800 $196,000
Sub-Total $1,451,100
Engineering and Contingency 15% $217,665
Total $1.668,765
Note: Estimates Assume Replacement of Utilities in MLK but retaining
water and sewer utilities in 9th and 11 tho
*Does this include adding new side streets per site plan? (NE 1st SI. example)
Cost Estimates DO NOT INCLUDE THE COST OF ON-SITE STORMWATER
DETENTION.
Given:
26 acre site
85% impervious
On-site detention! dry
Requirements -
retain and pre-treat first 2.5" of rainfall over the impervious area.
Stage flows to downtown regional system to meet hydraulic conditions
A
B
0.2083 equivalent in feet of 2.5 "rainfall
1,132,560 square feet total for 26 acres
962,676 square feet impervious area
AXB
200,558 cu. Feet of water falling on impervious area during 2.5 inches of rainfall - to be retained onsite.
4.6042 acre-feet equivalent
The projected pervious/impervious data was provided by Torti-Gallas on March 14, 2007
Imp Area = Cost
Off-Site Storage Cost is $ 0.18 Per Sq. Ft 962,676 $ 173,282
Total Utility Cost Except On-Site Storm Water Detention:
$1,842,047
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1. U5\.1 1. VI. "'T
Bressner, Kurt
Bressner, Kurt
Monday, June 04, 20078:39 AM
'Baron, Richard'; Bressner, Kurt; Bright, Lisa; Brooks, Vivian; Byrne, Nancy; Cherof, James;
Costello, Joyce; 'Duhy, Tara'; 'Lang, Carl'; 'McGinn, Patrice'; 'Plus 2 Communities'; 'Rudd,
Barbara'; Rumpf, Michael; 'Simon, Mike'; 'Spillias, Kenneth'; Mummert, Bill; Greene, Quintus
Cc: Bingham, William
Subject: Questions on Heart of Boynton Submittal
Attachments: CBlntownProposaI051007.pdf; IntownFINAL BUDGET to City 5-10-07Formatted.xls; Fishkind
Report Revised May 10 2007.pdf
From:
Sent:
To:
Tracking: Recipient Read
'Baron, Richard'
Bressner, Kurt
Bright, Lisa Read: 6/4/2007 9:34 AM
Brooks, Vivian
Byrne, Nancy Read: 6/4/20078:54 AM
Cherof, James
Costello, Joyce Read: 6/4/2007 11:34 AM
'Ouhy, Tara'
'Lang, Carl'
'McGinn, Patrice'
'Plus 2 Communities'
'Rudd, Barbara'
Rumpf, Michael Read: 6/4/20078:51 AM
'Simon, Mike'
'Spillias, Kenneth'
Mummert, Bill
Greene, Quintus
Bingham, William Read: 6/4/20078:51 AM
Swanson, Lynn Read: 6/4/20078:47 AM
Good morning,
Please find a list of questions I have on the Intown submission. I would appreciate follow-up while I am
out of town until June 19th, Fire Chief William Bingham is Administrative Officer in Charge while I
am out of town.
This matter is scheduled for the July 3rd meeting. In order to meet this schedule, we will need to
schedule a face-to-face or telephone conference call the week of June 25th or later in the week of June
19th, say either the 20th or 21 st. I have a schedule conflict the afternoon of the 22nd.
I would appreciate Intown's response, in writing to back to the City and CRA no later than Monday,
June 18th.
6/2712007
Page.2 014
Also attached are the latest version of source documents sent from Intown and my transmittal memo to
the City Commission of May 10,2007. This is for your convenience and ease in review. Bill
Mummert, please relay this e-mail and attachments to Julie Turner our Financial Advisor.
Also, I have not received any questions from the CRA on the packet. If they have questions, please
forward them directly to the group bye-mail so that the developer can respond also by June 18th.
Thank you,
Kurt Bressner
City Manager
QUESTIONS RELATED TO INTOWN PROPOSAL
1. Does the proposal include the use of the City's Public Works site? See Figure 1,
Page 3 of Fishkind Report. The map appears to include the City property.
2. Table 3 Lease Rates are presented. How do these relate to market rates? If below
market rate, how will gap be funded? What is the specific source of funding?
3. Table 4 shows a comparison of project costs/revenues depending on if the City
and CRA are participating in the project. A pure private deal shows a loss of
10.35%. Introduction of $34.9 M in TIF payments reduces the loss to almost
break-even. Adding $18M from the City for infrastructure support brings the
project to a positive balance of 4.41 %. Finally, the fourth scenario adds the TIF,
infrastructure, adds $15 M in City/CRA/County/State subsidies and $26.8 M in
workforce housing subsidies. This yields what Fishkind notes is a profit margin of
16.5% or within the "marketplace norm" of 15-20%. Based on this, there are
several questions:
TIF Payments - Are the estimated payments based on projecting the value of $356M
(see Intown's Estimated Incentive Calculation Worksheets). How exactly does the
developer propose these payments be made? Is it expected that the TIF funding
would be based on $328M in value from day one or does the developer propose that
there be an annual "ramp-up" based on actual taxable value?
Care also needs to be taken in that the developer is only discounting the market value
based on homestead exemptions of $25K for each unit. In fact, the Property
Assessor's Office includes other factors that essentially drives the taxable value. It is
a moot point if the developer is projecting their TIF request on $328M. Is this a
correct assumption that the developer expects participation based on the TIF
increment generated by $328 M in taxable value from the first year of the program?
6/27/2007
t'age j or 4
If so, the CRA will need to "borrow" from other properties in the CRA to meet the
annual TIF contribution to the developer. How exactly does the developer anticipate
this will work? The CRA's Financial Advisor will need to review the long-term
revenue projections for the CRA and determine if such an annual payment is feasible
with such use of other TIF revenue (essentially borrowing against other taxable value
in the CRA to meet the obligation.).
Does the Developer wish to have the funds paid out over time or a lump sum
distribution of the TIF revenues into an account? To do so, the CRA would need to
issue bonds for the $34.9 M. This raises several collateral issues related to IRS
arbitrage and the ability of the CRA to borrow this amount based on their current debt
load. Again, this is an analysis that the CRA's Financial Advisor will need to review.
Also, in response to the concerns with property tax reform with a possible rate roll-
back to 2003 levels, the Developer responded informally that the $600,000 year short-
fall with a tax rate drop would have to be paid by the City and/or CRA. Please
confirm that this is what the developer wishes to have us include in the City staff
report.
Infrastructure Payment from the City of $18 M - How is this to be paid? By that I
mean, how much when and over what time period?
City/CRA Land Subsidy -- $5 M Is this amount to be paid in cash or property?
Please clarify?
County Land Subsidy - $5 M. What discussions has the developer had with the
County on this topic. Unless the County is a signatory to the development agreement,
this cannot be included in the mix.
State CWIP Subsidy - $5 M. What discussions has the developer had with the State on
this topic. Unless the State is a signatory to the development agreement, this cannot
be included in the mix.
City/County Workforce Housing Subsidy - $26.8 M. How exactly is this to be
calculated and paid out and over what period?
City/County/State Permit Fees - The staff analysis included an estimate of fees to be
in the range of $16.1 M. How are these to be paid?
6/27/2007
-- --------- - ---------- ---------- - ---------------
Florida has a very broad public records law. Most written communications to or from local officials regarding Ctly business
are public records available to the public and media upon request. Your e-mail communications may therefore be subject to
public disclosure.
6/27/2007
CJ(
CITY OF BOYNTON BEACl
AGENDA ITEM REQUEST FORM
IX.-CITY MANAGER'S
REPORT
ITEM B.
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 17, 2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon)
D May 1, 2007 April 16, 2007 (Noon) X July 3, 2007 June 18,2007 (Noon)
D May 15,2007 April 30, 2007 (Noon) D July 17,2007 July 2, 2007 (Noon)
D June 5, 2007 May 14, 2007 (Noon) D August 7, 2007 July 16, 2007 (Noon)
D Announcements/Presentations X City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfmished Business
D Public Hearing D
RECOMMENDATION: To accept status report on the Youth Violence Prevention Project (YVPP).
EXPLANATION: The Youth Violence Prevention Project Inter-local agreement was approved by the City of Boynton
Beach City Commission on February 13th and the Palm Beach County Board of County Commission on February 27,2007.
The City received its signed copy on March 6, 2007. The following activities have transpired since the last update on May 1,
2007:
. The YVPP Coordinator begins employment on Monday, July 9th.
. The YVPP Executive Committee approved supporting the Heart of Boynton (HOB) Neighborhood Association's
1 st Intergenerational Gathering against Youth Violence on July 28th at Sara Sims Park
. The City will be submitting a renewal grant to Palm Beach County for FY2007-2008.
. The City's YVPP was recently lauded by Commissioner Greene as taking the necessary planning steps and is a
model for the county as the City of Boynton Beach's planning is comprehensive and focuses on sustainability.
. The Executive Committee appointed a Strategic Planning Subcommittee to develop the outline for a strategic
planning process, which will include both the Steering Committee and Teen Council Committee members.
. Steering Committee members were appointed and participated in an introductory meeting that was held along with
Executive Committee meeting on June 18th
o The Steering Committee's fIrst meeting will be held on Thursday, July 12th
. The Executive Committee approved process to provide funding to partner organizations recognized in the YVPP
county application.
. The Teen Council convened with a forum meeting of 15 members held on Friday, June 22nd
o Recruitment ad for Teen Council is viewing on BBTV
o Brochures for Teen Council developed
. Youth Empowerment Center activities will convene at Hester Center with weekly supervised dances.
PROGRAM IMPACT: None relative to this report
FISCAL IMPACT: (Include Account Number where funds will come from) Provided by grant funding
ALTERNATIVES: Not to accept the status report
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
Page 1 of2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
~
City Manager's Signature
Assistant to City Manager C)vA.J
Neighborhood Services
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
Page 2 of2
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eart of Boynton Neighborhood Association
Presents
".
Preventing youtli Yio{ence in our Community
Interqenerational Gathering
~ .,
Enjoy
1\
xTx
Food!
Prizes!
Bounce House
for little kids!
Games for
Teens and
Adults!
.M.. us. ic! 0.. A
I~- ~
~~ \,'
Electric Slide!
Walk-it Out!
Information &
Service Booths
Food
Fun
Music
Games
............
~tl .
~-;:'i"~ ,,\~
'. ~ - - .,
,.. -:..::::- _-,I
~' . ...
l~
Come out and get involved!
We can all make a big difference in our community when we are united.
Saturday July 28,2007
Sara Sims Park
209 N.W. 9th Court
Boynton Beach FL
Time: 8:00 am until 4:00 pm
Purpose: Different generations uniting together!
...
When.:
Where:
Save our Youth! Save our Neighborhoods!
Stop the drugs! Stop the Violence!
Put Unity in our Community!
At the Sara Sims Park we will have Health Screenings, Employment and
Housing Opportunities, Home Improvement Programs, Youth - Adult - Senior
Services, Crime Prevention, Votin Ri hts and much more.
For more information contact Heart of Boynton Members:
Br. Victor Norfus 601-0790 Mr. Willie Aiken
Mrs. Elizabeth Jenkins 737 -3765 Ms. Myra Jones
Mrs. Gertrude Sullivan 732-1205 Mrs. Doris Jackson
Dr. Martha Meeks Light 738-1522 Mr. Melvin Brown
737 -5638
735-9647
732-0333
891-1410
This is a Heart of Boynton Neighborhood Association community outreach event sponsored
in partnership with the City of Boynton Beach Neighborhood Services Division
Contact Office # (561) 742-6029
Help Save our Children -Help Prevent Youth Violence
ML King JR -"We must learn to live together as brothers and sisters!"
JF Kennedv - "Efforts and couraf!e are not enouf!h without DU17JOSe and direction!"
eart of Boynton Neighborhood Association
Cadeaux
't
La 1'io{ence emyecfiant de ]eunesse dans notre Communaute
Rassem blement I nterqeneration nel
ApPrt3cier
f\
xYx
Nourriture!
Prix!
Rebondir la
Maison pour les
petits gosses!
Les jeux pour
l'Adolescence et
les Adultes!
MUS. iqU. eo'
,&t-~ It.
Chute \ ~
electrique!
Marche-iI Hors!
L'information &
Entretient des
Cabines
Nourriture
Amusement
MusiQue
Jeux
IfJa
~tl
~~";l _:' I
#~~ ~ t
~~ . .>
Sortir et obtenir implique !
Nous tout peut faire une grande difference dans notre communaute quand
nous sommes unis.
Quand.: Samedi Juillet 28, 2007
OU: Sara Sims Park
209 N.W. 9th Court
Boynton Beach FL
Temps: 8:00 am until 4:00 pm
But: Les generations differentes s'unissant
ensemble!
....
Epargner notre Jeunesse! Epargner nos Voisinages!
Arreter les drogues! Arreter la Violence!
Mettre l'Unite dans notre Communaute!
Au Parc de Sims de Sara nous aurons les Ecrans de Sante, les Occasions
d'Emploi et Logement, a la maison les Programmes d'Amelioration, la
Jeunesse - l'Adulte - les Services d'Aine, l'Empechement de Crime, Votant
des Droits et beaucou Ius.
Pour plus amples renseignements contacter Heart of Boynton Membres:
Br. Victor Norfus 601-0790 Mr. Willie Aiken 737-5638
Mrs. Elizabeth Jenkins 737-3765 Ms. Myra Jones 735-9647
Mrs. Gertrude Sullivan 732-1205 Mrs. Doris Jackson 732-0333
Dr. Martha Meeks Light 738-1522 Mr. Melvin Brown 891-1410
Ceci est un Heart of Boynton Neighborhood Association la communaute evenement
d'assistance a subventionne dans Ie partenariat avec Ie City of Boynton Beach
Neighborhood Services Division. Contacter Ie Bureau # (561) 742-6029
Help Save our Children - Help Prevent Youth Violence
ML King JR -"We must learn to live together as brothers and sisters!"
JF Kennedv - "Efforts and courafle are not enouflh without Duroose and direction!"
.cart of Boynton Neighborhood Association
Presentes
.,.
Prevenir {a Yio{encia de (a Juventud en nuestra Comunidad"
Reunion de Intergenerational
Goce
A
xYx
Goce!
Premios!
jBote la Casa
para ninos
pequeiios!
jLos juegos para
Jovenes y
Adultos!
jMusica! 0 ~
!at~-,.
~\
j Resbaladero
eh!ctrico!
. Anda-Io Fuera!
La informacion
& Atiende a
Puestos
Alimento
Diversion
Musica
JueQos
"'
l~
"~I
~-;:.,Sj " .,,)
."..' -..-"
" ~.", - .1
j " .;.
iSalga y metase!
Todos podemos cambiar mucho las cosas en nuestra comunidad cuando
somos unidos.
Cuando.: EI sabado Julio 28, 2007
D6nde: Sara Sims Park
209 N.W. 9th Court
Boynton Beach FL
Tiempo: 8:00 am until 4:00 pm
Prop6sito: i Las generaciones diferentes que unen
juntos!
y.
jSalve nuestra Juventud! jSalve nuestros Vecindarios!
jPare las drogas! jPare la Violencia!
iPonaa la Unidad en nuestra Comunidad!
En el Parque de Sara Sims nosotros tendremos las Investigaciones de la
Salud, el Empleo y Albergar las Oportunidades, los Programas de reformas,
la Juventud - el Adulto - los Servicios de Mayor, la Prevencion del crimen, el
Derecho al voto mucho mas.
Para mas contacto de informacion Heart of Boynton Miembros:
Br. Victor Norfus 601-0790 Mr. Willie Aiken
Mrs. Elizabeth Jenkins 737-3765 Ms. Myra Jones
Mrs. Gertrude Sullivan 732-1205 Mrs. Doris Jackson
Dr. Martha Meeks Light 738-1522 Mr. Melvin Brown
737 -5638
735-9647
732-0333
891-1410
Esto es un Heart of Boynton Neighborhood Association el acontecimiento de alcance de
comunidad patrocin6 asociado con el City of Boynton Beach Neighborhood Services Division.
Contacte la Oficina # (561) 742-6029
Help Save our Children - Help Prevent Youth Violence
ML King JR -"We must learn to live together as brothers and sisters!"
JF Kenned - "E orts and coura e are not enou h without u ose and direction!"
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D.
XI. - NEW BUSINESS
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17,2007 April 2, 2007 (Noon,) 0 June 19, 2007 June 4,2007 (Noon)
0 May I, 2007 April 16, 2007 (Noon) [8] July 3, 2007 June 18,2007 (Noon)
0 May 15,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon)
0 Announcements/Presentati ons 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM [8] Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
--1
r'.~~~
RECOMMENDATION:
Discussion regarding potential changes to Article III of Chapter 26 of the City's Code, entitled "Water Shortag~
Plan."
EXPLANATION: '- ,
The City's code requires mandatory surcharges on potable water during declared water emergencies. These c
surcharges apply to all customers using 10,000 gallons of water or more per month, whether those customers have
residential or commercial accounts. These surcharges were instituted via ordinance to encourage water conservation
during times of drought that lead to severe water shortages. The code section requires automatic imposition of the
surcharges upon declaration of a water shortage emergency by the South Florida Water Management District
Governing Board.
Currently, the surcharge schedule is as follows
Restriction Phase
Phase I
Phase 2
Phase 3
Phase 4
Percent Surcharee
15%
30%
45%
60%
The South Florida Water Management District Water Shortage Plan, Chapter 40E-21 of the Florida Administrative
Code, mandates that water users must reduce consumption by the above percentages (15%, 30%, 45% and 60%)
upon declaration of water use restrictions by the District's Governing Board. Chapter 40E-21 does not, however,
mandate the imposine of surcharees by local eovernments. The surcharges imposed by the City's code were adopted
in response to the SFWMD reductions as a means of assisting the City to meet those prescribed reductions. The
attached chart, furnished by the District, indicates a strong correlation between reduced water use, and increases in
the percentage surcharge.
PROGRAM IMPACT:
Although the current water surcharges partially offset the revenue reduction which occurs due to reduced water
consumption, the primary intention and purpose of the surcharges is to promote conservation in times of serious
drought conditions, thereby allowing the City to maintain essential water service to all of its customers. Drought
conditions such as the ones recently experienced pose a hazard to existing wellfields (due to saltwater intrusion) and
could potentially contaminate coastal wellfields, preventing their future use and possibly requiring their
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
abandonment. Inland wellfields also suffer from lowered groundwater elevations and the ensuing reduced
productivity. Though many of our customers may view surcharges as a negative impact on their homes or businesses,
it is fairly obvious that these surcharges have a positive impact and conserving and protecting our available water
resources, when emergency conditions occur.
FISCAL IMP ACT:
From a fiscal perspective, the imposing of surcharges on water consumption does partially offset the lost revenues
experienced by the Utility fund as a result of mandated cutbacks.
ALTERNATIVES:
I. Maintain the surcharges at their current levels
2. Reduce the magnitude of the surcharges
3. Eliminate the surcharges entirely
4. Allow lifting or reduction in surcharges based upon local, rather than regional water conditions.
~ \1.. .bUIl_\z...,,,Q
's Signature 6\')........ 0''1-
~
City Manager's Signature '
Assistant to City Manager __~/
UTILITIES
Department Name
City Attorney I Finance
XC: Peter Mazzella (w/copy of attachment)
City Attorney
File
SIBULLETlNIFORMS\AGENDA ITEM REQUEST FORM DOC
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Survey of Water Surcharges by Local Government Utilities
Utility Percentage of current surcharge
City of Boca Raton None at this time, but considering for future
City of Delray Beach 45% for amounts of 15,000 gallons or more
City of Lake Worth 30% for amounts over 5,000 gallons
City of Riviera Beach None
City of West Palm Beach 30% for amounts above 5984 gallons
Town of Lantana None at this time, but considering for future
Palm Beach County None
Seacoast Utilities None
'Sl",\-rv Ok,
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1'0 No 0
XI. - NEW BUSINESS
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17,2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon)
0 May I, 2007 April 16, 2007 (Noon) [gJ July 3, 2007 June 18,2007 (Noon)
0 May 15, 2007 April 30, 2007 (Noon) 0 July 17, 2007 July 2,2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) 0 August 7,2007 July 16,2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NA TURE OF 0 Administrative [gJ New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 0 Unfinished Business f"...-")
Code Compliance & Legal Settlements '--' .
0 Public Hearing 0
RECOMMENDATION:
Project.
Commission action to resolve the issue of access and funding of access to the:Ocean 95
~ '
, .
EXPLANATION: The City Commission last voted to reconsider a previous action of the Commission not to fund
alternative access to the Ocean 95 Project. The alternative access is commonly referred to as the Northern access. The
northern access requires the acquisition of real property currently used as a residence and consent from other regulatory
agencies to construct a road under the Boynton Beach Boulevard overpass. As a collateral to the issue of funding the
Commission must revisit a previously proposed and rejected agreement with the Ocean 95 Developer which includes a partial
funding commitment by that Developer. (See previous agenda item from the April 17, 2007 City Commission meeting
labeled Exhibit A and minutes from same labeled Exhibit B).
PROGRAM IMPACT: This issue represents a public health safety and welfare issue arising from commercial and
industrial traffic through a residential neighborhood.
FISCAL IMP ACT: The current FY 2006/07 Budget does not have funds allocated to this project. Furthermore, at its May 1,
2007 meeting, the City Commission directed staff to remove funding for this project from the proposed budget for FY
2007/08. Therefore, should the City Commission desire to allocate financial resources for an alternative truck route, it would
be appropriate for the Commission to direct staff to include sufficient monies for this work in the proposed budget to be
reviewed by the Commission in July of this year. (See May 1,2007 City Commission minutes labeled Exhibit C)
ALTERNATIVES: Staff continues to explore and the Commission may wish to consider a southerly route to the Ocean 95
project, a revised traffic safety plan through the neighborhood and the original northern route option. A final alternative is to
allow traditional access to the property through the adjacent residential neighborhood w h enhanced traffic control measures.
Department Head's Signature
City Manager's Signature
Assistant to City Manager ~
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
City Attorney / Finance
EXHIBIT "A"
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORtH
XII. - LEGAL
ITEM E.!
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
M April 17, 2007 April 2, 2007 (Noon.) 0
0 May 1, 2007 April 16,2007 (Noon) 0
0 May 15.2007 April 30, 2007 (Noon) 0
0 June 5. 2007 May 14, 2007 (Noon) 0
Requested City Commission Date Final Form Must be Turned
Meetinl1: Dates in to City Clerk's Office
June 19,2007 June 4,2007 (Noon)
July 3, 2007 June 18.2007 (Noon)
:J
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July 17. 2007 July 2, 2007 (Noon)
August 7, 2007 July 16,2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve Agreement for Mitigation of Roadway Improvements between the City of
Boynton Beach, Florida and Boynton Industrial, LLC.,
EXPLANATION: The Developer submitted an application to the City for approval of plans to construct
approximately 133,911 sq ft of warehouse/light industrial "flex-space" on certain property within the City's M-1 Light
Industrial zoning district located at 514-518 West Ocean Avenue. On October 17, 2006, the City Commission approved the
proposed project with a designated truck access to the project along West Ocean Drive. The City Commission reconsidered
their approval and on January 2, 2007, the Commission re-approved the proposed project and reinstated the Developer's
Development Order without change to the Designated Truck Route. This Agreement will acknowledge the Developer's right
to proceed with development of the proposed project without regard to the City's plans to construct the necessary roadway
improvements to the Designated Truck Route or the Northern Access Route. It also sets forth the City's obligations with
respect to the construction of the Northern Access Route.
PROGRAM IMPACT: The commitment by the City to build the northern access route requires City staff to reallocate staff
resources to this work from other projects. Therefore, the CIP that will be part of the 2007/08 budget submittal is now being
revised to reflect the cost and the impact on staff time that can be devoted to this, and other, capital projects. City staff is
proceeding cautiously with project design to ensure that the northern access route is constructed in a time frame that closely
coincides with occupancy of the Ocean 95 project. Staff will ensure that the Ocean 95 project is one that will commence
prior to the expenditure of significant tax dollars.
FISCAL IMPACT: $750,000 has been allocated in the Capital Improvement Plan for this work beginning in Fiscal Year
2007/08.
ALTERNATIVES: Do not approve the agreement and instead require the Developer to fund and construct improvements to
Ooe,," Drive that ? =o~'''y to 'upport eoau 95 pmj"! ~
e Head's Si - City Manager's Signature
Public Works
Assistant to City Manager
".
"-
',--~
CM../
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
City Attorney / Finance
CITY OF BOYNTON BEACH
PUBLIC WORKS DEPARTMENT
INTEROFFICE MEMORANDUM
TO:
Jim Cherof, City Attorney ~~:
/'/- /} /~ ./
Jeffrey R. Livergood, Director of Public Works and Engineering AIJ<: 1).4/ , ./
/-Y"1:) " (
"-
February 6,2007
FROM:
DATE:
SUBJECT:
Development Agreement, Boynton Beach Industrial, LLC
I have reviewed the proposed agreement between the City of Boynton Beach and Boynton Beach
Industrial, LLC. This agreement has been requested by the developer in order to assure that certain off
site improvements will be constructed by the City of Boynton Beach, at partial developer expense, in
order to support traffic generated by the proposed industrial project on Ocean A venue, east ofthe CSX
Railroad,
I have a number of comments and questions that I believe should be considered and incorporated into
the agreement. These comments are as follows:
1. Paragraph 2.01 provides that the City will "cooperate with an expeditious permitting and inspection
program for the Proposed Project". Any expeditious review is not part of an agreement about off site
improvements. Furthermore, the agreement does not provide standards whereby an expeditious review
can be measured.
2. I am concerned about several references to timing of City construction of the northern route.
Paragraph 2.01 states that the City "shall use its best efforts" to complete either the northern route, or
the designated truck route prior the developer obtaining a certificate of occupancy. I don't think the
language is particularly onerous but it does merit scrutiny.
3. TIMING. I have concerns about our overall process and timing for City construction. My
concerns may not be pertinent to this agreement though. What happens if the developer decides to
delay construction like numerous other projects have been delayed? The City will certainly not want to
be expending dollars only to have the project delayed. I recommend that the City proceed with design
of the northern access route but hold off on property acquisition and construction until such time that
building permits are issued for the development and construction of the development begins. I am
concerned that the City could expend significant dollars on this project only to the have the developer
abandon the project due to market conditions. This is typically why developers are responsible to
construct all off site improvements.
4. Paragraph 2.06 once again suggests that the City will "cooperate and coordinate" all permit
applications for the Proposed Project. This is not material to an agreement about off site improvements
being constructed by the City.
5. Paragraph 2.07 states that the developer shall not be required to enforce truck traffic restrictions. I
think the developer should be required to define the truck route as part of their property sales
transactions.
6. Paragraph 2.08, from my technical perspective, appears to be very restrictive, or could be used
against the City for even minor perceptions of "impairment to the Project Site".
7. Paragraph 3.01. The City Commission did not approve plans and specifications therefore this
paragraph should be stricken.
8. Both paragraphs 3.01 and 3.02 reference the words "If the developer elects to proceed". This
language strengthens my concern about the City being too far ahead of the developer with our off site
improvements. See comments #3 above.
9. VERY lJ\.1PORTANT. This agreement should expire if the City Commission Development Order
expires. Should the Development Order expire, OR NOT BE EXTENDED by the City Commission,
then this agreement shall become null and void regardless of whether the developer has assigned his
rights according to paragraph 5.01.
Please consider incorporating my comments into the final agreement to be presented to the City
Commission.
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING THE
5 MAYOR AND CITY CLERK TO EXECUTE AN
6 AGREEMENT FOR MITIGATION OF ROADW A Y
7 IMPROVEMENTS BETWEEN THE CITY OF BOYNTON
8 BEACH AND BOYNTON INDUSTRIAL LLC., TO
9 ACKNOWLEDGE THE PARTIES' RIGHTS AND
10 OBLIGATIONS WITH RESPECT TO CONSTRUCTION
11 OF THE NORTHERN ACCESS ROUTE AND THE
12 PROPOSED PROJECT; AND PROVIDING FOR AN
13 EFFECTIVE DATE.
14
15 WHEREAS, an Octaber 17, 2006, the City Cammissian approved the propased
16 praject with a designated truck access to' the praject alang West Ocean Drive; and
17 WHEREAS, the City Cammission recansidered their approval and on January 2,
18 2007, re-approved the propased praject and reinstated Developer's Development Order
19 withaut change to' the Designated Truck Route; and
20 WHEREAS, the Agreement will acknawledge Develaper's right to' proceed with
21 develapment af the prapased praject withaut regard to' the City's plans to' canstruct the
22 necessary raadway impravements to' the Designated Truck Route or the Northern Access
23 Route and sets farth the City's abligations with respect to the construction of the Northern
24 Access Route; and
25 WHEREAS, the City Cammission upan recammendatian of staff, deems it
26 appropriate to' apprave and autharize the Mayar and City Clerk to enter intO' the Agreement for
27 Mitigation of Roadway Improvements between the City of Boynton Beach and Baynton
28 Industrial LLC.
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\CA'RESO',Agreements\acean 95 Mitigation of Roadway doc
1
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 being true and correct and are hereby made a specific part of this Resolution upon adoption
3 hereof.
4
Section 2.
The City Commission of the City of Boynton Beach, Florida does
5 hereby approve and authorize the Mayor and City Clerk to enter into the Agreement for
6 Mitigation of Roadway Improvements between the City of Boynton Beach and Boynton
7 Industrial LLC, a copy of which is attached hereto and made a part hereof as Exhibit "A".
8
Section 3.
This Resolution shall become effective immediately upon passage.
9
10
11
12
13
14
15
16
17
18
PASSED AND ADOPTED this _ day of April, 2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
,r.
l~
20
21
22
23
24
25
26
27
28 ATTEST:
29
30
31
32 Janet Prainito, City Clerk
33
34
35 (Corporate Seal)
36
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S:\CA\RESO\Agreements\Ocean 95 Mitigation of Roadway.doc
AGREEMENT FOR MITIGATION OF ROADWAY
IMPROVEMENTS
between
THE CITY OF BOYNTON BEACH, FLORIDA
and
BOYNTON INDUSTRIAL LLC
THIS AGREEMENT for Mitigation of Roadway Improvements ("Agreement")
is made as of this day of ' 2007, by and between THE CITY OF
BOYNTON BEACH, FLORIDA, a Florida municipal corporation (the "City"), and
BOYNTON INDUSTRIAL LLC, a Florida limited liability company (the "Developer").
WHEREAS, the Developer submitted an application to the City for approval of
plans to construct approximately \33,911 square reet or warehouse/light industrial "flex-
space" on certain property within the City's M-l Light Industrial zoning district (the
"Proposed Project"). The property is located south of the east end of West Ocean
Avenue and situated between the C.S.x. Railroad tracks and right-of-way for Interstate
95 (the "Project Site"). The address of the Project Site is 514-518 West Ocean Avenue,
Boynton Beach, Florida.
WHEREAS, the City has determined that the Proposed Project is consistent with
the City's Comprehensive Plan and Land Development Regulations;
WHEREAS, at a duly called public hearing on October 17, 2006, the City
Commission approved the Proposed Project with a designated truck access to the Project
Site along West Ocean Drive, as shown on Exhibit A (the "Designated Truck Route"),
and granted a Development Order in favor of the Developer;
WHEREAS, the City Commission subsequently voted to reconsider approval of
the Proposed Project and to explore options for alternative truck routes;
WHEREAS, at a duly called public meeting on January 2, 2007, the City
Commission re-approved the Proposed Project and reinstated the Developer's
Development Order without change to the Designated Truck Route;
WHEREAS, as a condition of approval, the Developer has agreed to pay funds to
the City for certain off-site roadway improvements to the Designated Truck Route;
WHEREAS, on January 2, 2007, the City Commission also passed a motion to
proceed with constructing a new roadway that would extend Industrial Avenue along the
north side of Boynton Beach Boulevard and pass underneath Boynton Beach Boulevard
to connect with Northwest 6th Street near the Project Site ("Northern Access Route");
WHEREAS, the City has agreed that it shall be responsible for all costs and other
ob I i gati ons associ aled wi th the construction of the Northern Access Route, inc ludin g th e
acquisition of all necessary rights-of-way, except as provided in this Agreement, and that
the Developer's plans to proceed with construction of the Proposed Project shall not be
dependent upon the City's ability to implement the Northern Access Route;
WHEREAS, the Developer has agreed that the Northern Access Route shall
serve as the replacement designated truck route for the Proposed Project if and when the
City constructs the new roadway, but until such time as the Northern Access Route IS
completed, the Designated Truck Route shall continue to be utilized as such;
WHEREAS, the City has agreed to enter this Agreement with the Developer and
authorized and directed its execution by the appropriate officials of the City; and
WHEREAS, Developer has approved this Agreement and has duly authorized
certain individuals to execute this Agreement on Developer's behalf.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereby agree as follows:
ARTICLE 1:
PURPOSE OF AGREEMENT AND COOPERATION OF PARTIES.
1.01. Purpose of Agreement. The purpose of this Agreement is to
acknowledge the Developer's right to proceed with development of the Proposed Project
without regard to the City's plans to construct the necessary roadway improvements to
the Designated Truck Route or the Northern Access Route. The Agreement also sets
forth the City's obligations with respect to the construction of the Northern Access Route
and provides that the Developer shall not be required to pay funds or otherwise
participate in the construction of the Northern Access Route except as explicitly provided
herein.
1.02. Cooperation of tbe Parties. The City and the Developer recognize that
the Successful development of the Proposed Project and each component thereof is
dependent upon the continued cooperation of the City and the Developer, and each agrees
that it shall act in a reasonable manner hereunder, provide the other party with complete
and updated information from time to time, with respect to the conditions such party is
responsible for satisfying hereunder and make its good faith reasonable efforts to ensure
that such cooperation is continuous, the purposes of this Agreement are carried out to the
full extent contemplated hereby.
ARTICLE 2:
CITY'S OBLIGATIONS
2.01. Timely Completion of Roadway Improvements. The City recognizes
the importance of the timely completion of the Proposed Project, and time is deemed to
be of the essence. The City considers this Agreement as overall authority for the
Developer to roceed to obtain. (l~l require~ Perrnits,8I!~ c~rtip:~a~es ,5)[ oc,?uP8.I1cy, Cilld
agI'ees ..too.. ~'~ ;';~'m~~~~u~~'p~.g8;~W!:,~~tiit)i\qpi:ogr3.tirI#1GJM)'il!ie
pr<>pd~dP~ The City agrees to use its best efforts to complete either the necessary
roadway improvements to the Designated Truck Route or the Northern Access Route on
or before the date of issuance of the final certificate of occupancy for the Proposed
Project. However, the Developer's right to obtain a certificate of occupancy for the
Proposed Project shall not be conditioned in any manner upon the City's completion of
either the improvements to the Designated Truck Route or the Northern Access Route.
JL - Any expeditious review is not part of an agreement about off site improvements.
Further, the agreement does not provide standards whereby an expeditious review can be
measured.
.TL - Concerned about references to timing of City construction of the northern route.
Concerns regarding overall process and timing for City construction. Jeffs concerns
may not be pertinent to this agreement though. What happens if the developer decides to
delay construction like numerous other projects have been delayed? The City will
certainly not want to be expending dollars only to have the project delayed. T recommend
that the City proceed with design of the northern access route but hold off on property
acquisition and construction until such time that building permits are issued for the
development and construction ofthe development begins. I am concerned that the City
could expend significant dollars on this project only to the have the developer abandon
the project due to market conditions. This is typically why developers are responsible to
constmct all off site improvements.
2.02. Acquisition of Rights-of-Way for Northern Access Route. The City
shall be solely responsible for purchasing the required property and obtaining all rights-
of-way for the Northern Access Route.
2.03. Construction of Northern Access Route. The City shall be solely
responsible for paying all costs associated with the design and construction of the
Northern Access Route.
2.04. Design Coordination. The City agrees to reasonably cooperate and
coordinate the design of the Northern Access Route adjacent to the Project Site, such that
the design of the Northern Access Route integrates in a reasonable manner with the
design ofthe Proposed Project.
2.05. Construction Sequencing. The City shall construct right of way
improvements to the Designated Truck Route, or the Northern Access Route, as
applicable, in a manner and fashion which will not unreasonably restrict access to the
Project Site on or after the date the Developer commences construction of the Proposed
Project.
2.06. Permits. .'. The, City will~~q~~~~~~:~'!9c>qrdinate with the Developer with
regard to all peI1lIit..~plicatiqns fQ~q~~.,j!t~f)lfs~(f',Pfoject, including those to state
agencies, and will facilitate or expedite, to the greatest extent possible, the permit
approval process for the Proposed Project without regard to the design or construction of
the improvements to the Designated Truck Route or the Northern Access Route.
JL - Not material to an agreement about off site improvements being constructed by the
City.
2.07. Use of Northern Access Route. In the event the City builds the Northern
Access Route, the City shall mark the Northern Access Route with appropriate signage as
being the newly desi gnated truck route to theProjectSite,~~t,rt4e'Developershall not be
req~r.e(tto.enfoFce . such use by vehicles:accessing.thelPI.Oj~t'Site.
JL - The Developer should be required to define the truck route as part of their property
sales transactions.
2.08. City Covenants. The City shall not permit, commit, or suffer any waste
or impaiim:tentto.theiPl:ojectSite, nor shall the City request or recommend any rezoning
of the Project Site, or any part thereof, which will prevent or adversely affect the
development of the Proposed Project. The City will not enact or adopt or urge or
encourage the adoption of any ordinances, resolutions, rules regulations or orders or
approve or enter into any contracts or agreements, including issuing any bonds, notes, or
other forms of indebtedness, that will result in any provision of this Agreement to be in
violation thereof. JL .. Paragraph looks very restrictive or could be used against the City
for even minor perceptions of "impairment to the Project Site."
2.09. City Authority Preserved. The City's duties, obligations, or
responsibilities under any section of this Agreement shall not affect the City's right, duty,
obligation, authority and power to act in its governmental or regulatory capacity in
accordance with applicable laws, ordinances, codes or other building regulations.
Notwithstanding any other provision of this Agreement, any required permitting,
licensing or other regulatory approvals by the City shall be subject to the established
procedures and substantive requirements of the City with respect to review and
permitting of a project of a similar or comparable nature, size and scope. In no event shall
the City, due to any provision of this Agreement, be obligated to take any action
concerning regulatory approvals except through its established procedures and in
accordance with applicable provisions oflaw.
ARTICLE 3:
DEVELOPER'S OBLIGATIONS
3.01. Development of the Proposed Project. If the Developer elects to
proceed with developing the ProposedProjec~, tpe Pro~?sed Project shall be built in
accordance with the plans.andspecif;j,cafions'ilpproVedr"by CityConunission for the
"Ocean 95 Exchange Park," dated _ by (City File Number NWSP 06-020), as
such plans and specifications may be modified during the permitting process. JL City'
Commission did not approve plans and specifications therefore this paragraph should be
stricken.
3.02. Developer's Share of Roadway Improvements. If the developer elects
to proceed with development of the Proposed Project, the Developer shall be responsible
for paying $115,000 to the City for off-site roadway improvements ("Developer's
Share"). The Developer's Share represents the difference between a total cost of
$130,000 for all off-site roadway improvements to the Designated Truck Route and the
City's responsibility of paying $15,000 for the resurfacing of Ocean Drive. If the
developer elects to proceed with development of the Proposed Project, payment of the
Developer's Share shall be made to the City upon the City's commencement of
construction of the improvements to the Designated Truck Route, the City's
commencement of construction of the Northern Access Route, or at the time of the City's
issuance of a certification of occupancy to the Developer, whichever occurs first.
JL - Both paragraphs 3.01 and 3.02 reference the words "If the developer elects to
proceed". This language strengthens my concern about the City being too far ahead of the
developer with our off site improvements. See comments #3 above.
3.03 Supercedes Development Order. The Developer's obligations set forth
in Section 3.02 of this Agreement shall supercede and replace Item # 2, "Public Works _
Traffic," on Exhibit "C," "Conditions of Approval," attached to the City's Development
Order for the Proposed Project.
ARTICLE 4:
DEFAULT; VENUE
4.01. Default. In the event the City or the Developer fails to perform or comply
with any material provision of this Agreement applicable to it, then the non-defaulting
party shall be entitled to initiate an action at law or equity seeking all remedies to which
it is lawfully entitled. The non-defaulting party's suspension of, or delay in, the
performance of its obligations while the other party is in default of its obligations
hereunder shall not be deemed to be an event of default.
4.02. Non Action on Failure to Observe Provisions of this Agreement. The
failure of the City or the Developer to promptly or continually insist upon strict
performance of any term, covenant, condition or provision of this Agreement, or any
exhibit hereto, or any other agreement, instrument or document of whatever form or
nature contemplated hereby shall not be deemed a waiver of any right or remedy that the
City or the Developer may have, and shall not be deemed a waiver of a subsequent
default or nonperformance of such term, covenant, condition or provision.
4.03. Venue; Submission to Jurisdiction.
(a) For purposes of any suit action, or other proceeding ansmg out of or
relating to this Agreement, the parties hereto acknowledge, consent to, and agree that
venue thereof is Palm Beach County, Florida.
(b) Each party to this Agreement hereby submits to the jurisdiction of the
State of Florida, Palm Beach County and any federal courts having jurisdiction, for the
purposes of any suit, action, or other proceeding arising out of or relating to this
Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise
that such action is brought in an inconvenient forum or that the venue of such action is
improper or that the subject matter thereof may not be enforced in or by such courts.
(c) If at any time during the term of this Agreement the Developer (or any of
its permitted successors and assigns) is not a resident of Florida and, to the extent
required by law, does not register with the State of Florida the identity and location
within the State of its registered agent for purposes of service of process and, otherwise
has no officer, employee or other agent available for service of process within the State of
Florida, the Developer hereby designates the Secretary of State, State of Florida, its agent
for the service of process in any court action between it and the City arising out of or
relating to this Agreement, and such service shall be made as provided by the laws of the
State of Florida for service upon a non-resident; provided, however, that at the time of
service on the Florida Secretary of State, a copy of such service shall be delivered to the
Developer at the address for notices as provided in Section 5.04.
4.04. Applicable Law and Construction. The laws of the State of Florida shall
govern the validity, performance and enforcement of this Agreement. This Agreement
has been negotiated by the City and the Developer and the Agreement, including, without
limitation, the Exhibits, shall not be deemed to have been prepared by the City or the
Developer, but by both equally.
ARTICLE 5:
MISCELLANEOUS
5.01. Assignments by Developer. The Developer may sell, convey, assign or
otherwise dispose of any or all of its right, title, interest and obligations in and to the
Proposed Project or the Project Site, or any part thereof, provided that, to the extent the
purchaser or assignee wishes to exercise the rights of the Developer under this
Agreement, such purchaser or assignee must assume the Developer's obligations under
and must agree to be bound by the terms of this Agreement. If the assignee of the
Developer's right, title, interest and obligations in and to the Project, or any part thereof
assumes all of the Developer's obligations hereunder for the Project, or that part subject
to such sale, conveyance, assignment or other disposition, then the Developer shall be
released from all such obligations hereunder which have been so assumed by the
assignee, and the City agrees to execute an instrument evidencing such release, which
shall be in recordable form.
JL - VERY IMPORTANT. This agreement should expire if the City Commission
Development Order expires. Should the Development Order expire, OR NOT BE
EXTENDED by the City Commission, then this agreement shall become null and void
regardless of whether the developer has assigned his rights according to 5.01.
5.02. Assignments by the City. The City shall have no right to assign its rights
under this Agreement to any person except upon the prior written consent of the
Developer.
5.03. Successors and Assigns. The terms herein contained shall bind and inure
to the benefit of the City, and its successors and assigns, and the Developer and, as
applicable to the parties comprising Developer, their personal representatives, trustees,
heirs, successors and assigns, except as may otherwise be specifically provided herein.
5.04. Notices. All notices, demands, requests for approvals or other
communications given by either party to another shall be in writing, and shall be sent by
registered or certified mail, postage prepaid, return receipt requested or by courier
service, or by hand delivery to the office for each party indicated below and addressed as
follows:
To the Developer:
Edward Masi
Boynton Industrial LLC
565 East Hillsboro Boulevard
Deerfield Beach, Florida 33441
with copies to:
Charles L. Siemon, Esquire
Siemon & Larsen, P.A.
Mizner Park
433 Plaza Real
Suite 339
Boca Raton, Florida 33432
To the City:
City of Boynton Beach, Florida
P.O. Box 310
Boynton Beach, Florida 33425-0310
Attn: City Manager
with copies to:
James Cherof, Esquire
City Attorney
Goren CherofDoody & Ezrol, P.A.
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, Florida 33308-4311
Notices given by courier service or by hand delivery shall be deemed received
upon delivery, and notices given by mail shall be deemed received on the third (3rd)
business day after mailing. Refusal or failure by any person to accept delivery of any
notice delivered to the office at the address indicated above (or as it may be changed)
shall be deemed to have been an effective delivery as provided in this Section. The
addresses to which notices are to be sent may be changed from time to time by written
notice delivered to the other parties. Until notice of change of address is received as to
any particular party hereto, all other parties may rely upon the last address given.
5.05. Complete Agreement. This Agreement, and all the terms and provisions
contained herein, including, without limitation, the Exhibits hereto, constitute the full and
complete agreement between the parties hereto to the date hereof, and supersedes and
controls over any and all prior agreements, understandings, representations,
correspondence and statements, whether written or oral. Any provision of this
Agreement shall be read and applied in pari materia with all other provisions hereof.
5.06. Amendment. This Agreement cannot be changed or revised except by
written amendment signed by all parties hereto.
5.07. Captions. The article and section headings and captions of this
Agreement and the table of contents preceding this Agreement are for convenience and
reference only and in no way define, limit, describe the scope or intent of this Agreement
or any part thereof, or in any way affect this Agreement or construe any article, section,
subsection, paragraph or provision hereof.
5.08. Exhibits. Each Exhibit referred to and attached to this Agreement is an
essential part of this Agreement. The Exhibits and any amendments or revisions thereto,
even if not physically attached hereto shall be treated as if they are part of this
Agreement.
5.09. Public Purpose. The parties acknowledge and agree that this Agreement
satisfies, fulfills and is pursuant to and for a public purpose and municipal purpose and is
in the public interest, and is a proper exercise of the City's power and authority.
5.10. Effective Date. The Effective Date shall be the date as of which the last
party to this Agreement affixes that party's signature to this Agreement, which shall also
serve as the effective date for the City's Development Order for the Proposed Project.
IN WITNESS WHEREOF, the parties hereto have set their hands and their respective
seals below.
[signature pages to follow]
CITY OF BOYNTON BEACH, FLORIDA
Attest:
By: Janet Prainito, City Clerk
By: Jerry Taylor, Mayor
Approved as to form:
By: James Cheraf
City Attorney
State of Florida )
County of Palm Beach )
The foregoing instrument was acknowledged before me this day of
, 2007, by Jerry Taylor and Janet Prainito, Mayor and City Clerk,
respectively, for the City of Boynton Beach, Florida, on behalf of the City.
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
BOYNTON INDUSTRIAL LLC
Attest:
By:
Edward Masi
as Managing Member
Genesis Boynton Industrial LLC
By
Print Name
as Managing Member
Boynton Industrial LLC
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this __ day of
, 2007, by Edward Masi as Managing Member of Genesis Boynton
Industrial LLC, a Florida limited liability company, as Managing Member of Boynton
Industries LLC, a Florida limited liability company, who is personally known to me or
who produced as identification.
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
EXHIBIT "B"
Minutes
Regular City Commission
Boynton Beach, FL
April 17, 2007
Vote
City Clerk Prainito called the roll. The vote was 5-0.
D. Resolutions:
None
E. Other:
1. Proposed Resolution No. R07-048 RE: Approving and
authorizing execution of an agreement for Mitigation of Roadway
Improvements between the City of Boynton Beach, FL and Boynton
Industrial, LLC.
Attorney Cherof reviewed the location of the project, the ability of the property to be accessed
by vehicular traffic and the exploration of an alternative access way under the 1-95 overpass
and up to Industrial Way. The developer had agreed to share in the cost of the roadway
improvements if they occur. The acquisition of the property must occur first. The agreement
formalizes the conditions of approval that the Commission expressed when the project was
approved. Attorney Cherof stressed there are speCific commitments upon the City to build the
roadway at significant cost with a minor offset by the developer. It also provides the
development of the site would not be prohibited or delayed.
Attorney Cherof pointed out if the roadway was not undertaken, the project would proceed and
access would be through the neighborhood and the existing streets. It would occur by default.
Commissioner Weiland contended the City had to provide access to the property. The
agreement would attempt to redirect the traffic flow away from the neighborhood at a cost of
at least $750,000.
Jeff Livergood, Director of Public Works and Engineering, responded the developer's share
would be approximately $115,000. Staff was concerned that the City could be committed to
the roadway and the project not move forward. The developer would have the right to
construct their development whether or not the roadway is completed. The roadway would be
the responsibility of the City. Construction traffic would have to utilize the existing roadways.
Mayor Taylor's position was the estimated cost of $750,000 that included an amount to acquire
the home, could exceed $lM. Staff resources would have to be re-allocated and the CIP
budget would have to be revised. Not knowing the full impact of reallocating staff from other
projects, Mayor Taylor was not in favor of the agreement. He noted the existing roads always
handled truck traffic because businesses have continuously been present on the property.
Mayor Taylor also had a problem with taking anyone's home against their will. If legal action is
required for the home acquisition, further costs would be involved. Mayor Taylor supported the
alternative of having the developer make improvements to the Ocean Drive.
]8
Minutes
Regular City Commission
Boynton Beach, FL
April 17, 2007
Commissioner Weiland asked about the increase in traffic volume for the roadway and Mr.
Livergood advised the increase would be 600 to 800 vehicles a day with not all of those being
trucks. He added the traffic study revealed Ocean Drive could handle the increase and it was
not unreasonable. The estimated cost for the improvements would be $130,000 of which the
developer would pay $115,000. The $15,000 would be at the expense of the City for
improvements that should have been done anyway. Commissioner Weiland also expressed
concern with the proposal and mentioned the City could build the road and the truck traffic
could still not use it. He was very concerned about public safety.
Vice Mayor Rodriguez reminded the Commission of the significant outpouring of citizen concerns
and the numerous neighborhood meetings resulting in the alternative route being proposed.
Mayor Taylor indicated he had voted for the alternative route to show unanimity of the board,
but at that time, the changes in the CIP budget and projects were not known or mentioned.
Mr. Livergood explained there were no new monies found to fund the route, so it became a
capital project. Vice Mayor Rodriguez contended the process was just managing the budget.
Motion
Vice Mayor Rodriguez moved to approve Proposed Resolution No. 07-048. Commissioner
McKoy seconded the motion for discussion.
Commissioner McKoy clarified that other projects may be delayed or reallocated to fund this
project. Mr. Livergood responded the dollars are allocated, but other projects had to be moved
and the five year CIP budget reconfigured to accommodate the amount. Commissioner McKoy
wanted to see the figures that were reallocated and projects that were planned.
Mr. Bressner added the routes had been discussed extensively. There was no perfect option.
Attorney Cherof requested the motion be amended to include Mr. Livergood's staff comments.
Michael Marshall, agent for the applicant, understood the City's concern; however, the
agreement did not obligate the City to finish the northern access road. The agreement
acknowledged that is a decision the Commission has to make; in the meantime the developer is
allowed to proceed with the permitting process regardless of the road issue. The $115,000
from the developer will go to either access route. The agreement in no way commits the City
to the northern access route.
Attorney Cherof confirmed the City had the option to build or not to build the northern access
route based on the circumstances as the project proceeds.
Mr. Bressner suggested the CIP discussions hone in on this project, so a decision can be made
and if approved, the land acquisition process can proceed. Once permits are issued and
construction starts, the City should be prepared to move forward with the land acquisition, if
the Commission approves.
19
Minutes
Regular City Commission
Boynton Beach, FL
April 17, 2007
Attorney Cherof advised the matter would come back before the Commission for approval of the
contract to purchase the property. Alternatively, if an agreement could not be reached, the
item would return to the Commission for a resolution of public necessity to initiate an eminent
domain proceeding. Mr. Livergood advised there would be consultants and engineers that
would have to be hired and contracts approved by the Commission.
Motion
Vice Mayor Rodriguez moved to approve the resolution with the inclusion of Mr. Livergood's
comments. Commissioner McKoy seconded the motion.
Herb Suss, 1711 Wood Fern Drive, agreed homes should not be taken away and it would
set a precedent for other communities to request the same type of relief. Also, the cost is
extensive in light of the budget constraints.
Victor Norfus, 261 North Palm Drive, questioned if a southern route existed. It was
explained there was not a southern route; only Ocean Drive or the proposed northern route.
Vice Mayor Rodriguez clarified his motion included Mr. Livergood's remarks but did not include
the CIP reconfiguration because that could be reviewed at those meetings.
Attorney Cherof reiterated the vote was to approve the agreement containing the details of the
acquisition and construction of the northern access road and the developer's obligation to pay a
proportionate share of the cost.
Vote
The motion failed 2-3. (Mayor Taylor and Commissioners Weiland and McCray dissenting.)
Attorney Cherof explained the plan was previously approved with conditions regarding alternate
access. The enforcement of the development order would continue to be pursued.
Mr. Bressner added post occupancy traffic would utilize the existing street network. The
alternative access route was terminated.
XIII. UNFINISHED BUSINESS:
None
IX. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Taylor properly
adjourned the meeting at 10:01 p.m.
20
EXHIBIT "e"
Meeting Minutes
Regular City Commission
Boynton Beach, FL
May 1, 2007
Jeff Livergood, Director of Public Works and Engineering, and Bill Mummert, Director of
Financial Services, presented the report. Initially, Mr. Livergood explained the heating and
cooling issues within Chambers were being addressed and added to the Capital Improvement
Plan for immediate renovation.
The status report on the Capital Improvement Plan was presented as a check and balance
system to gauge the needs of the community, direction of the Commission and the necessary
funding available for the projects. Changes that were made since the initial plan for the 06/07
budget year were presented.
The most significant change was the increase in funding for the Public Works facility. The
compound is tight and cramped, but fully operational. The relocation of the facility was based
on the desire to redevelop the area in the Heart of Boynton. Therefore, the entire funding
source had been shifted to CRA reimbursement. This relieved funds from the General Fund to
be used for other projects. Mr. Bressner explained if the Public Works facility had to be
relocated, the cost should be borne by either the CRA or the developer rather than all citizens
of the City of Boynton Beach. The City would sell the property to the CRA and then use the
proceeds of the sale to build a new compound.
Commissioner McCray inquired if the legislature reduces or changes the tax revenue funding,
would it impact the capital improvement plan. Mr. Livergood replied it would definitely effect
the projects planned. Mr. Mummert pointed out a reduction of property tax revenues would
necessitate significantly reducing expenditures or investigating other revenue sources. Public
Service Tax revenues are split with 43% going to the General Fund and the remainder going to
CIP and to pay the City's debt. If the pending legislation would be passed, those monies from
the Public Service Tax would need to be transferred into the General Fund. Also the local
option gas tax is divided at this point, however, all those monies may have to be transferred to
the General Fund. Some funds are restricted to specific use, but would offset the revenue
losses. There could be no debt service for any additional projects.
Vice Mayor Rodriguez determined the CIP did include funding for the north access for the
Ocean 95 Exchange project. It was Vice Mayor Rodriguez's opinion that the latest vote on the
project did not defeat the project. Attorney Cherof advised on April 17th a joint funding
agreement for the north access was defeated. The previous Commission action approved
proceeding with the north access route which passed unanimously. Prior to that, the site plan
had been approved. If the funding were not approved, that portion of the project would not
proceed, however, the site plan would remain intact. Vice Mayor Rodriguez pointed out the
funding had not been presented to the Commission at this time.
Commissioner McKoy asked for the balance of the unrestricted funds account in the general
fund. Mr. Mummert replied the balance was $25M.
Attorney Cherof concurred with Vice Mayor Rodriguez that the last vote on the Ocean 95
Exchange Plaza did not delete the funding for the project. Mayor Taylor and Commissioners
Weiland and McCray advised they understood the last vote would end any funding for the
project.
12
Meeting Minutes
Regular City Commission
Boynton Beach, FL
May 1, 2007
Attorney Cherof reiterated in January the Commission received clarification of the funding and
authorize the transfer of $750,000 from the General Fund to the CIP budget for the project.
The Commission then approved the northern route. It would be inferred the Commission
approved funding for the northern route. The dollars were appropriated at that time. Attorney
Cherof further indicated the issue at the last meeting related to the developer's burden to add
funds to offset the cost of doing the north route. The Commission rejected the joint funding
agreement. There was no motion to reconsider the issue of approving the north route.
Vice Mayor Rodriguez commented there was $25M in the unobligated portion of the General
Fund. The Commission had promised to change this route and many residents had appeared
pleading for integrity in the original decision that was made. He asked Mayor Taylor and
Commissioners Weiland and McCray to reconsider their previous intentions and move forward
for this neighborhood.
Commissioner Weiland confirmed a determination of public purpose or public necessity was
required for eminent domain proceedings. The northern route would require the taking of
private property to provide public access to a private establishment. Attorney Cherof clarified
the access would be an alternate route, since access to the property already existed.
Mayor Taylor commented there would remain an enforcement issue to assure only one road
would be used. He noted tax relief of some kind was inevitable and hard decisions would have
to be made. The taking of a person's home to divert truck traffic past houses in one area to
another area was not appropriate.
Vice Mayor Rodriguez suggested the project could be moved forward and the funding could be
revisited as the project progressed. Mayor Taylor pointed out two people came forward and
expressed their disagreement with the trucks using Industrial Avenue.
Commissioner Weiland remarked he had lived in the City for a significant number of years.
Every homeowner has a responsibility to know where they are purchasing property. The
industrial area has always been in the area. Similar projects had successfully been done
throughout the City involving residential areas adjoining industrial sites. Traffic increases are
part of redevelopment.
(lt1ce Mayor Rodriguez left the dais.)
Commissioner McCray commented the same group of individuals also fought the Krispy Kreme
project and the same individuals did not want to sell their homes.
Motion
Commissioner Weiland moved to remove the funds for the northern access route from the CIP
budget. Commissioner McCray seconded the motion.
(Wee Mayor Rodriguez returned to the dais.)
13
Meeting Minutes
Regular City Commission
Boynton Beach, FL
May 1, 2007
Commissioner McKoy asked that the motion be amended to include having staff come back with
options to fund the project for the northern route.
Commissioner McCray did not understand a need for staff to provide the information.
Motion
Vice Mayor Rodriguez suggested a substitute motion to move forward and try to find the
monies elsewhere. Commissioner McKoy moved to ask staff to investigate options as to how
the project could be funded. Vice Mayor Rodriguez seconded the motion. The motion failed 2-
3. (Mayor Taylor, Commissioners Weiland and McCray dissenting.)
Mayor Taylor called for a vote on the original motion to remove the monies from the CIP budget
for the funding of the northern route. The motion passed 3-2. (Vice Mayor Rodriguez and
Commissioner McKoy dissenting.)
Mr. Livergood continued with the CIP update. Mostly maintenance type projects remain in the
budget, such as micro-resurfacing, sidewalk replacement and carpeting replacement to meet
Americans with Disabilities Act requirements. Roof replacement and air handler replacement,
plus updating the Children's School House Museum were included. Fire Station #5 continued
funding with the fire assessment dollars along with more value engineering.
All revenues have been appropriately assigned and staff has listed the necessary capital
projects relating to maintenance of existing structures.
B. Direct City staff to initiate text amendment to Land Development Regulations
that will allow schools to be a conditional use in Industrial Use Districts
Commissioner Weiland pointed out South Tech already exists in an industrial use area. Mr.
Bressner noted the current request is for a change in an M-l district.
Mr. Rumpf noted the M-l district was originally written to allow for industrial type schools that
would be compatible. The proposed change would accommodate the more conventional type
school. Preservation of industrial sites would be paramount. A recommendation of size
limitations would be appropriate rather than large campus type schools.
Mr. Greene added an existing charter school within the City was being forced from its present
location in Boca Raton. If approved, there would be no guarantee that the charter school move
back to Boynton Beach, could be accomplished by the beginning of the next school year.
Mr. Bressner pointed out the conditional use would allow the Commission to review each
request on a case-by-case basis.
Commissioner Weiland related the owners of the school had met with him and he felt the school
offered many advanced classes and steps were being taken to ensure the safety of the students
14
EXHIBIT liD"
Minutes
Regular City Commission
Boynton Beach, FL
April 17, 2007
Vote
City Clerk Prainito called the roll. The vote was 5-0.
D. Resolutions:
None
E. Other:
1. Proposed Resolution No. R07-048 RE: Approving and
authorizing execution of an agreement for Mitigation of Roadway
Improvements between the City of Boynton Beach, FL and Boynton
Industrial, LLC.
Attorney Cherof reviewed the location of the project, the ability of the property to be accessed
by vehicular traffic and the exploration of an alternative access way under the 1-95 overpass
and up to Industrial Way. The developer had agreed to share in the cost of the roadway
improvements if they occur. The acquisition of the property must occur first. The agreement
formalizes the conditions of approval that the Commission expressed when the project was
approved. Attorney Cherof stressed there are specific commitments upon the City to build the
roadway at significant cost with a minor offset by the developer. It also provides the
development of the site would not be prohibited or delayed.
Attorney Cherof pointed out if the roadway was not undertaken, the project would proceed and
access would be through the neighborhood and the existing streets. It would occur by default.
Commissioner Weiland contended the City had to provide access to the property. The
agreement would attempt to redirect the traffic flow away from the neighborhood at a cost of
at least $750,000.
Jeff Livergood, Director of Public Works and Engineering, responded the developer's share
would be approximately $115,000. Staff was concerned that the City could be committed to
the roadway and the project not move forward. The developer would have the right to
construct their development whether or not the roadway is completed. The roadway would be
the responsibility of the City. Construction traffic would have to utilize the existing roadways.
Mayor Taylor's position was the estimated cost of $750,000 that included an amount to acquire
the home, could exceed $1M. Staff resources would have to be re-allocated and the CIP
budget would have to be revised. Not knowing the full impact of reallocating staff from other
projects, Mayor Taylor was not in favor of the agreement. He noted the existing roads always
handled truck traffic because businesses have continuously been present on the property.
Mayor Taylor also had a problem with taking anyone's home against their will. If legal action is
required for the home acquisition, further costs would be involved. Mayor Taylor supported the
alternative of having the developer make improvements to the Ocean Drive.
J8
Minutes
Regular City Commission
Boynton Beach, FL
April 17, 2007
Commissioner Weiland asked about the increase in traffic volume for the roadway and Mr.
Livergood advised the increase would be 600 to 800 vehicles a day with not all of those being
trucks. He added the traffic study revealed Ocean Drive could handle the increase and it was
not unreasonable. The estimated cost for the improvements would be $130,000 of which the
developer would pay $115,000. The $15,000 would be at the expense of the City for
improvements that should have been done anyway. Commissioner Weiland also expressed
concern with the proposal and mentioned the City could build the road and the truck traffic
could still not use it. He was very concerned about public safety.
Vice Mayor Rodriguez reminded the Commission of the significant outpouring of citizen concerns
and the numerous neighborhood meetings resulting in the alternative route being proposed.
Mayor Taylor indicated he had voted for the alternative route to show unanimity of the board,
but at that time, the changes in the CIP budget and projects were not known or mentioned.
Mr. Livergood explained there were no new monies found to fund the route, so it became a
capital project. Vice Mayor Rodriguez contended the process was just managing the budget.
Motion
Vice Mayor Rodriguez moved to approve Proposed Resolution No. 07-048. Commissioner
McKoy seconded the motion for discussion.
Commissioner McKoy clarified that other projects may be delayed or reallocated to fund this
project. Mr. Livergood responded the dollars are allocated, but other projects had to be moved
and the five year CIP budget reconfigured to accommodate the amount. Commissioner McKoy
wanted to see the figures that were reallocated and projects that were planned.
Mr. Bressner added the routes had been discussed extensively. There was no perfect option.
Attorney Cherof requested the motion be amended to include Mr. Livergood's staff comments.
Michael Marshall, agent for the applicant, understood the City's concern; however, the
agreement did not obligate the City to finish the northern access road. The agreement
acknowledged that is a decision the Commission has to make; in the meantime the developer is
allowed to proceed with the permitting process regardless of the road issue. The $115,000
from the developer will go to either access route. The agreement in no way commits the City
to the northern access route.
Attorney Cherof confirmed the City had the option to build or not to build the northern access
route based on the circumstances as the project proceeds.
Mr. Bressner suggested the CIP discussions hone in on this project, so a decision can be made
and if approved, the land acquisition process can proceed. Once permits are issued and
construction starts, the City should be prepared to move forward with the land acquisition, if
the Commission approves.
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Minutes
Regular City Commission
Boynton Beach, FL
April 17, 2007
Attorney Cherof advised the matter would come back before the Commission for approval of the
contract to purchase the property. Alternatively, if an agreement could not be reached, the
item would return to the Commission for a resolution of public necessity to initiate an eminent
domain proceeding. Mr. Livergood advised there would be consultants and engineers that
would have to be hired and contracts approved by the Commission.
Motion
Vice Mayor Rodriguez moved to approve the resolution with the inclusion of Mr. Livergood's
comments. Commissioner McKoy seconded the motion.
Herb Suss, 1711 Wood Fern Drive, agreed homes should not be taken away and it would
set a precedent for other communities to request the same type of relief. Also, the cost is
extensive in light of the budget constraints.
Victor Norfus, 261 North Palm Drive, questioned if a southern route existed. It was
explained there was not a southern route; only Ocean Drive or the proposed northern route.
Vice Mayor Rodriguez clarified his motion included Mr. Livergood's remarks but did not include
the CIP reconfiguration because that could be reviewed at those meetings.
Attorney Cherof reiterated the vote was to approve the agreement containing the details of the
acquisition and construction of the northern access road and the developer's obligation to pay a
proportionate share of the cost.
Vote
The motion failed 2-3. (Mayor Taylor and Commissioners Weiland and McCray dissenting.)
Attorney Cherof explained the plan was previously approved with conditions regarding alternate
access. The enforcement of the development order would continue to be pursued.
Mr. Bressner added post occupancy traffic would utilize the existing street network. The
alternative access route was terminated.
XIII. UNFINISHED BUSINESS:
None
IX. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Taylor properly
adjourned the meeting at 10:01 p.m.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.I
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17,2007 April 2, 2007 (Noon,) [J June 19, 2007 June 4, 2007 (Noon)
0 May 1, 2007 April 16, 2007 (Noon) JZl July 3, 2007 June 18,2007 (Noon)
0 May 15,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2,2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16, 2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
u
REtbl\@ENDATION: Motion to amend the Land Development Regulations (LDR), Chapter 5, PLATTING, to clarify the
r~iiliemeJlts to re-plat any previously platted property due to any reconfiguration of the property or the combining of
L: m
P!Dl2.erties to create a new development.
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~J>LANATION: Some developer's have taken the position that the City's LDR, Chapter 5, Platting, lacks any authority to
~iiirea~previously platted property to be re-platted due to any reconfiguration of the property proposed for development.
<d.~staf&has opposed this statement. Re-platting of a proposed development (even if the development is a condominium)
Mth-a b~dary plat allows staff to insure that any and all related Conditions of Approval (COA) attached to the
~~opment Order (DO) issued by the City Commission are complied with or incorporated into the plat document be created
~ c..) C)
~ the new development.
PROGRAM IMP ACT: None
FISCAL IMPACT: None
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AL TERN A TIVES: Continue with the fragmented platting regulations as they relate to re-platting.
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Ci Manager's Signature
Assistant to City Manager ~
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I Departme~t He~d's Signature
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Public Works / Engineering Division
Department Name
City Attorney / Finance
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ORDINANCE NO. 07 - tI)
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4 AN ORDINANCE OF THE CITY COMMISSION OF THE
J CITY OF BOYNTON BEACH, FLORIDA, AMENDING
6 CHAPTER 5, PLATTING, AS CONTAINED IN THE
7 LAND DEVELOPMENT REGULATIONS, PROVIDING
8 FOR DEFINITIONS; PROVIDING FOR
9 CLARIFICATION OF THE APPLICABILITY AND
10 DELINEATION OF THOSE DEVELOPMENTS THAT
11 REQUIRE PLATTING IN LAND DEVELOPMENT;
12 PROVIDING FOR CONFLICTS, SEVERABILITY.
13 CODIFICATION AND AN EFFECTIVE DATE.
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16 WHEREAS, the City's standards sequence for development construction has been the
17 approval of conceptual site plans by the City Commission including the issuance of a
18 Development Order, the generation of the new record plat and approval of same by the City
19 Commission, the issuance of a Land Development Permit (LDP) after recordation of the
20 record plat, and the issuance of various construction permits thereafter; and
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WHEREAS, some developer's have taken the position that the City's Land
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Development Regulations ("LDR"), Chapter 5, "Platting", lacks any authority to require any
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previously platted property to be replatted due to any reconfiguration of the property. as a
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condition for issuance of a building pennit: and
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'VHEREAS, the City Commission finds that Chapter 5, "Platting", of the LDR needs
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to be clarified and defined clearly as to the platting requirements that affect all new
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development projects.
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NO'V THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
29 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing Whereas clauses are true and correct and incorporated
31 herein by this reference,
S\CAOrdinancesLDR Changes J\n1cnd ell 5 Platting 05] 70cdoc
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Section 2.
Chapter 5, "Platting", of the City's Land Development Regulations are
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hereby amended as follows:
ARTICLE I. IN GENERAL
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Sec. 1. Purpose.
The purpose of this chapter is to provide a procedure for preparing plat documents
consistent with development regulations of the City of Boynton Beach and to create
documentation of physical characteristics ofland proposed for development within the city.
Sec. 2. Record plat required.
All developments or re-developments shall require a plat prepared by a registered land
surveyor and mapper in compliance with this Chapter and the requirements of all provisions
of Chapter 177, Florida Statutes. In general, there are two (2) basic types of required plats. A
"Boundary Plat" is generally used when combining multiple parcels of land, tracts or lots into
a single parcel for development purposes. Proiect types would include rental apartments,
public facilities, shopping centers, condominiums and industrial developments where "unity
of title" ownership is required. A "Record Plat" is generally used when combining or
subdividing lands for individual ownership. Proiect tyPes would include single-family
subdivisions, townhome developments, retail centers, or office-warehouse and similar
developments where lots, parcels or tracts are created for sale purposes to individual
ownership.
Other types of plat documents may be applicable to a new development. The city
engineer shall review those cases to detennine which platting process is appropriate.
However. a new boundary survey for any replat is required when the replat affects any
boundary of the previously platted property or when improvements which may affect the
boundarv of the previously platted property have been made on the lands to be replatted.
All plats shall show ingress-egress locations/easements, landscape easements, limited
access easements, storm drainage easements, utility easements, etc, and all other applicable
conditions of approval (COA) attached to the Development Order (DO) that were issued by
the City Commission upon master plan or site plan approval.
Sec. 3. Plattinl! before perrnittinl!.
No person, firm, partnership, corporation or any other association shall combine lots,
tracts or parcels of land for development purposes, or to subdivide a tract of land anywhere in
the incorporated area of the City of Boynton Beach except in conformity with this chapter.
No development or subdivision shall be platted or recorded nor shall any building permit be
issued (except land clearing type permits) unless such subdivision or development meets all
the provisions of this chapter and those of any applicable Laws of the State of Florida, and has
S:\CA \Ordmances\LDR Changes\Amend Ch 5 Platting 051707.doc
been approved in accordance with the requirements as herein set forth, unless a waiver or
J substitution has been granted according to Article II of this chapter.
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ARTICLE Ill. ADMINISTRATION
Sec. 1. Administrative Officer.
For the purpose of coordinating, enforcing and administering this chapter, the city'
engineer shall be deemed administrative officer. Information, advice or recommendations
shall be rendered only by the city engineer administrative officer, or his or her designee.
following consultation with the planning and zoning director.
Sec. 2. Definitions.
Terms in this chapter shall have the following definitions. if not previouslv accepted
pursuant to the Unabridged Dictionary of the English Language. Supplemental definitions for
specific technical terms should be defined at the reference location at which they first appear
in this chapter. If a conflict exists in terms of the supplemental definitions with these
definitions, the specific definition for the specific applicable condition shall applv,
Abutting property means lYing immediatelv adiacent to and sharing a common propertv line
with other propertv,
Access means a wav to enter or exit a facilitv or propertv,
Access. legal means the principal means of access from a lot (or propertv) to a public street or
to a private street over which a perpetual ingress and egress easement or right-of-wav has
been granted to the owners of any lot services bv such street.
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Acre means land or water consisting of fortv-three thousand five hundred Slxtv (43.560)
square feet, and is not intended to be used for principal traffic circulation,
Aile}' means a right-of-way providing a secondarv means of access and service to abutting
propel1v.
Benchmark means a relatively pem1anent material obiect. natural or artificial. bearing a
marked point whose elevation above or below an adopted datum plane is knO\vn.
Block includes Tier or Group and means a group of lots existing within well-defined and
fixed boundaries, usuallv being an area surrounded bv streets, parks or other phvsical balTiers
and public space. having an assigned number. letter. or other name through which it mav be
identified.
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1 Board means any board appointed by the City Commission, such as the Planning and Zoning
2 Board.
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4 Citv means the City of Bovnton Beach, a municipality established in the County of Palm
5 Beach, State of Florida, a municipal corporation under the name of City of Boynton Beach
6 pursuant to the laws of Florida, 1947, Chapter 24398, Section 5.
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8 Citv Enflineer means a Florida licensed professional engineer in charge of the City of
9 Boynton Beach, Department of Public W orks/Engineering Division, and who acts as the
10 administrative officer for the purpose of implementing the City's platting requirements.
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12 Citv Survevor and Mapper means a Florida licensed 1Jrofessional surveyor and mapper, under
13 contract or employment with the City of Boynton Beach, Florida in accordance with s.
14 177,081 (1) Fla, Stat.. as amended from time to time.
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16 Goveminfl bodv means the City Commission of the City of Boynton Beach.
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18 Cul-de-sac means a street terminated at the end by a vehicular tum-a-round.
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20 Developer means the owners of record executing the dedication required by s. 177.081, Fla.
21 Stat., and applying for approval of a plat of a subdivision pursuant to this Chapter.
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23 Development means a single use or combination of uses, proposed or approved, that may
24 include but not limited to, a single-family subdivision, townhomes, rental apartments,
25 condominiums, public facilities, commercial buildings, shopping centers, condominiums or
26 industrial proiects, possibility of similar design, constructed as a unified community.
27 Development shall also include the meaning given it in s. 380.04 Fla. Stat., pursuant to a
28 development order or permit.
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30 Easement means any strip of land created bv a subdivider for public or private utilities,
31 drainage, sanitation, or other specified uses having limitations, the title to which shall remain
32 in the name of the property owner, subiect to the right of use designated in the reservation of
33 the servitude,
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35 Eflress means exit.
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37 Enflineer (P.E.) means a person registered as a professional engineer in the State of Florida,
38 in accordance with Chapter 471, Fla. Stat.. who is good standing with the Florida Board of
39 Professional Engineers,
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41 Govemment means any direct agency of any federal, state, county or citv government
42 including schools and the U. S. Postal Service,
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44 Improvements may include, but not limited to. street pavements, curbs and gutters. sidewalks,
45 alley pavements, walkwav pavements, water mains, sanitary sewer, storm sewers or drains,
S:ICAIOrdinanceslLDR ChangeslAmend Ch S Platting OS1707doc
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street names, si gns, landscaping. permanent reference monuments (PRlV1s ). pel111anent contro
points (PCPs), monuments. or anv other improvement required bv the Citv.
/nf!ress means entrv.
Land DeveloV11lent Ref!ulations (LDR) means ordinances of the City that govern anv aspec
of development, redevelopment and improvement oflands lving in the iurisdiction of the Cit\
and include but not limited to zonmg. subdivision, health. environmental. landscaping,
parking or sign regulations. These regulations are amended from time to time as deemed
necessarv bv the Citv,
Lef!al Access means a dedicated and recorded right-of-way, or easement, excluding utilitv or
drainage easements, affording perpetual ingress and egress from a subiect property to a public
thoroughfare,
Lef!al Entitv means an entitv that holds a certificate of authorization issued under Chapter
472, Fla. Stat., whether the entity IS a corporation. partnership. association, or person
practicing under a factitious name.
Lot includes Tract or Parcel and means the least fractional part of subdivided lands having
limited fixed boundaries, and an assigned number, letter or other name through which it mav
be identified.
lr[onumellt is an artificial or natural obiect that is permanent or semi-permanent. and used or
presumed to occupy any real property comer, point on a boundarv line, or reference point. A
survey marker must: (1 ) Be composed of a durable material: (2) Have a minimum length of
] 8 inches: (3) Have a minimum cross-section area of material of 0.2 square inches: (4 )Be
identified with a durable marker or cap bearing either the Florida registration number of the
professional survevor and mapper in responsible charge or the certificate of authorization
number of the legal entitv, which number shall be preceded by LS or LB as applicable: (5) Be
detectable with conventional instruments for locating ferrous or magnetic obiects. If the
location of the monument falls m a hard surface such as asphalt or concrete, alternate
monumentation may be used that is durable and identifiable.
Municivalitv means the City of Bovnton Beach. Florida.
PCP means "permanent control point" and shall be considered a reference monument
PCPs set in impervious surfaces must: ( 1 ) be composed of a metal marker \vith a point of
reference. (2) Have a metal cap or disk bearinl2i either the Florida registration number of the
professional survey and mapper in responsible charge of the certificate of authorization of the
legal entitv. which number shall be preceded bv LS or LB as applicable and the letter "P.c,P"
PCPs set in pervious surfaces must: (1) Consist of a metal rod having a minimum length of
18 inches and a minimum cross-section area of material of 0,2 square inches. In certain
materials, encasement in concrete is optional for stability of the rod, When used. tIle concrete
S:Ct\.\Ordinances\LDR Changes'Amend Ch 5 Plalllng 0517CJ7,doc
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1 shall have a minimum cross-section area of 12.25 square inches and be a minimum of 24
2 inches long. (2) Be identified with a durable marker or cap with the point of reference
3 marked thereon bearing either the Florida registration number of the professional surveyor
4 and mapper in responsible charge or the certificate of authorization number of the legal entity,
5 which number shall be preceded bv LS or LB as applicable and the letters "P,C.P."
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7 PCPs must be detectable with conventional instruments for locating ferrous or magnetic
8 obiects.
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10 Planned Commercial Develovment (PCD) means land under unified control, uniformly
11 zoned, planned, approved and developed as a single development operation or as a
12 programmed series of phased development operations for commercial buildings and related
13 uses and facilities in accordance with an approved master plan.
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15 Planned Industrial Develovment (PID) means land under unified control. uniformly zoned,
16 planned, approved and development as a single development operation or a programmed
17 series of phased development operations for industrial buildings and related uses and facilities
18 in accordance with an approved master plan.
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20 Planned Unit Develovment (PUD) means land under unified control, uniformly zoned,
21 planned, approved and development as a single development operation or a programmed
22 series of phased development operations for dwelling units and accessorv uses and facilities.
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24 Plat means a map or delineated representation of the combining of or subdivision of lands,
25 being a complete, exact representation of the subdivision and other information in compliance
26 with all requirements of all applicable provisions of Chapter 177, Fla. Stat., and may include
27 the terms "record plat". "reDlat". amended plat". or "revised plat".
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29 Plat. boundarv means a map or delineated representation for recordation of the combination
30 of multiple pieces, tracts or lots into a single parcel for development purposes prepared,
31 approved, and recorded in accordance with the requirements and procedures for a plat
32 pursuant to Chapter 177, Fla. Stat.
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34 Plat. final means a finished plat including all signatures required for recordation except those
35 siwifving approval by the Citv.
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37 Plat. preliminarv means a copy of the plat in sufficient form to readily compare the plat with
38 the development plan, subdivision plan and the construction plans.
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40 Plat of record means a plat which conforms to the requirements of the applicable state laws,
41 and Chapter 5 (Platting) of the City's Land Development Regulations, and recorded in the
42 Public Records of Palm Beach County. Florida.
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44 PRM means a permanent reference monument which must: (1) Consist of a metal rod having
45 a minimum length of 18 inches and a minimum cross-section area of material of 0.2 square
46 inches. In certain materials, encasement in concrete is optional for stability of the rod. When
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1 used, the concrete shall have a minimum cross-section of 12.25 square inches and a minimum
2 of 24 inches long. (2) Be identified with a durable marker or cap with the point of reference
3 marked thereon bearing either the Florida registration number of the professional survey and
4 mapper in responsible charge or the certificate of authorization number of the legal entity,
5 which number shall be preceded bv LS or LB as applicable and the letters "P,R.M," (3) Be
6 detectable with conventional instruments for locating ferrous or magnetic obiects. If the
7 location of the "P.R.M." falls in a hard surface such as asphalt or concrete, altemate
8 monumentation may be used that is durable and identifiable.
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10 Professional Survevor and Mapper (P.S.M.) means a survevor and mapper registered under
11 Chapter 472, Fla. Stat., who is in good standing with the Board of Professional Survevors and
12 Mappers.
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14 Properll! owners' association (POA) means an organizati'on under the laws of the State.
15 operated under recorded maintenance and ownership agreements through which each owner
16 of a portion of a development or subdivision, be it a lot, home, property or any other interest.
17 is automatically a voting member, and each such member is automaticallv subiect to a charge
18 for a prorated share of expenses, either direct or indirect, for maintaining common properties
19 within the development or subdivision, such as roads, parks. recreational areas, common
20 areas, and other similar properties. Within the text of this Chapter (Platting), a property
21 owners' association is considered to be a single entity for propertv ownership. As used in this
22 chapter, the term "property owners association" shall also be deemed to include a
23 homeowners association, condominium association or cooperative (apartment) association, as
24 defined in Chapter 711, Fla, Stat., as amended, having a life tenure of not less than 1 wenty
25 (20) years; as well as a third party having an agreement with a condominium or cooperative
26 association as pern1itted bv Chapter 71 1, Fla. Stat., as amended,
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28 Public aflencv means any government or governmental agencv, board, commission, authoritv
29 or public body of Palm Beach County, the State of Florida, or of the United States
30 government. or any legally constituted governmental subdivision or special district.
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32 Public utilin' includes anv public or private utility, such as, but not limited to. stom1 drainage,
33 sanitary sewers, electric power. water service, gas service, or telephone line, whether
34 underground or overhead.
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36 Reference point means anv defined position that is or can be established in relation to another
37 defined position,
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39 Riflht-of-Wav means land dedicated. deeded, used or to be used for a street. allev. walkwav.
40 boulevard, drainage facilitv, access for ingress and egress. or other purpose bv the public.
41 certain designated individuals. or governing bodies.
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43 Street includes anv access wav such as a street. road. lane, highwav. avenue. boulevard. aile\'.
44 parkway, viaduct, circle, court, terrace, place, or cul-de-sac. and also includes all of the land
45 lving between the right-of-way lines as delineated on a plat showing such streets. whether
46 improved or unimproved, but shall not include those access wavs such as easements and
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rights-of-way intended solely for limited utility purposes, such as for electric power lines, gas
lines, telephone lines. water lines, drainage and sanitary sewers, and easements for ingress and
egress.
Subdivision means land divided into three or more lots. parcels, tracts, tiers, blocks, sites,
units, or any other division of land: and includes establishment of new streets and alleys,
additions, and re-subdivisions: and, when appropriate to the context, relates to the process of
subdividing or to the lands or area subdivided.
State plane coordinates means the system of plan coordinates which has been established by
the National Ocean Service for defining and stating the positions or locations of points on the
surface of the earth within the state and shall hereinafter be known and designed as the
"Florida State Plane Coordinate System". For the purpose of the use of this system, the zones
established by the National Ocean Service in NOAA Manual NOS NGS 5, State Plane
Coordinate System of 1983, shall be used and the appropriate proiection and zone designation
shall be indicated and included in any description using the Florid State Plane Coordinate
Svstem.
Survev is the orderly process of determining facts of size. shape, identity, geodetic location.
or legal location by viewing and applying direct measurement of features on or near the
earth's surface using field or image methods: further defined as follows according to the type
of data obtained, the methods and instruments used, and the purpose(s) to be served:
(a) As-Built Survev; a survey performed to obtain horizontal or vertical dimensional data
so that constructed improvements may be located and delineated: also known as a
Record Survey.
(b) Boundarv Survev; a survey, the primary purpose of which is to document the
perimeters, or anyone of them, of a parcel or tract of land by establishing or re-
establishing comers, monuments, and boundary lines for the purpose of describing the
parcel, locating fixed improvements on the parcel, dividing the parcel, or platting.
(c) Condominium Survev; a survey performed pursuant to Chapter 718, Fla. Stat:
includes a Boundary Survey.
@ Construction Lavout Survev; the measurements made, prior to or while construction
is in progress, to control elevation, configuration, and horizontal position and
dimensions.
(e) Control Survev; a survey which provides horizontal or vertical position data for the
support or control of subordinate surveys or for mapping.
(f) Hvdrof!raphic Survev; a survev having as its principal purpose the determination of
data relating to bodies of water, and which may consist of the determination of one or
several of the following classes of data: depth of water and configuration of bottom:
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directions and force of cunent~ heights and time of water stages~ and location of fixed
obiects for survev and navigation purposes.
(g)
Mean Hif!h Water Line Survev,' a survey to document the mean hi>dl water line as
defined in Part II, Chapter 177. Fla. Stat.
(h)
Quantity Survev; a survev to obtain measurements of quantity.
(i)
Record Survev; a survey performed to obtain horizontal and vertical dimensional data
so that constructed improvements mav be located or delineated~ also known as an As
Built Survey.
(i)
Specific or Special Purpose Survev; a survey performed for a purpose other than the
purposes detailed in (a) - (i) above. or (1) below.
(k)
TOPof!raphic Survev; a survey of selected natural and artificial features of a part of the
earth's surface to determine horizontal and vertical spatial relations.
(1)
Descriptions written by a surveyor and mapper to describe land boundaries bv metes
and bounds shall provide definitive identification of boundary lines. A sketch shall
accompany the property description showing all information referenced 111 the
description and shall state that such sketch is not survev. The initial point in the
description shall be tied to either a govemment comer. a recorded comer. or some
other well-established survey point.
Survev Data means all information shown on the face of a plat that would delineate the
ohvsical boundaries of the unified oropertv or the subdivision and anv parts thereof.
Survev Data includes. but not limited to:
(a) Point of Curvature. written "P,C," means the point where a tangent circular curve
begins,
(b )
Point of Tanf!encv, written "P.T.." means the point where a tangent curve ends and
becomes tangent.
(c)
Point of Compound Curvature. written "P.CC." means the point where two circular
curves have a common point of tangency. the curves lving on the same side of the
common tangent.
(d) Point of Reverse Curvature. written "P,R.C.." means the point where two circular
curves have a common point of tangency. the curves lying on opposite side of the
common tangent.
Unitv of title means a document recorded in the Office of the Clerk of the Circuit Court of
Palm Beach County, stipulating that lots or parcel( s) of land shall be held under si 01al
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ownership, shall not be eligible for further subdivision and shall not be transferred, conveyed,
sold or divided in any unit other than in its entirety.
Utility means a governmental or franchised provider of water, sewer, electric. gas, telephone,
telegraph. cable television or similar service.
ZonillJ! Code means that portion or section of the Land Development Regulations that
establishes or regulates, including but not limited to, permitted or conditional uses, minimum
lot standards and site regulations, building heights, accessorv uses and structures, and non-
conforming lots and uses,
* * *
ARTICLE V. PLAT PREPARATION AND APPROVAL
Sec. 1. Preparation of final plat.
To obtain approval of a subdivision development in the City of Boynton Beach, the
developer shall submit both an preliminary and a final plat to the city engineer, shall notify
the planning and zoning director, and shall post surety as outlined in Section 2, paragraph A2,
and Chapter 7, Article.} I, Section 3, made payable to the City of Boynton Beach, together
with any restoration surety, as outlined in this Article, Section 2, paragraph A3, prior to
. . placing final plat approval on a City Commission agenda. The preliminary plat shall meet
requirements of the final plat, except that is shall be submitted without the required signatures
and seals, It may also be submitted without maintenance and use covenants, condominium
documents, deeds, or other legal documents not related to the surveyor engineering design of
the project. No improvements, including streets, drainage and the like, shall be accepted and
maintained by the city unless and until the final plat has been approved by a professional
surveyor and mapper, and the city engineer, as well as the City Commission; duly recorded;
and all required improvements are completed, both public and private,
* * *
Sec. l.D.1. INDEX. When more than a single sheet must be used to accurately
portray the lands being developed or subdivided, the first sheet shall contain an index plus a
map showing the entire subdivision development delineating the number of the sheet where
each portion is shown. East sheet must show the particular number of that sheet, the total
number of sheets included and clearly labeled matchlines to show where other sheets match or
adjoin.
Sec. l.D.2. NAME OF SUBDIVISION DEVELOPMENT. The plat shall have title or
name acceptable to the city. When the plat is a new subdivision development, the name of the
subdi'.'ision development shall not duplicate nor be phonetically similar to the name of any
existing development subdi'.'ision. When the plat is an addition to a recorded subdivision, it
shall carry the same name as the existing subdivision.
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Sec. 1,DA. TITLE. The plat shall have a title printed in bold legible letters
containing the name of the subdivision development; the name of the city, county and state;
the section, township and range as applicable and if the plat is a replat, amendment or addition
to an existing development or subdivision, it shall include the words "section, unit. replat,
amendment, etc."
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23 See, I.D.6.e. Certification of surveyor and mapper. The plat shall contain the
24 signature, registration number and official seal of the surveyor and mapper certifying that the
25 plat complies with Chapter 177, Florida Statutes, as amended and this ordinance, Wben plats
26 are recorded and improvements are to be accomplished under surety posted as provided for by
27 this ordinance, the required improvements and suretv shall include P.CP's
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* * *
Sec. I.D,6,a. Dedications. TIle purpose of all reserved areas shown on the plat shall be
defined in the dedication. All areas reserved for use by the residents of the subdiyision
development shall be so dedicated. All areas reserved for public use, such as parks, rights-of-
way for roads, streets or alleys, shall be so dedicated; easements for utilities, rights-of-way
and easements for drainage purposes and any other area, however designated, shall be
dedicated by the owner of the land at the time the plat is recorded, When the owner is a
corporation, the dedication shall be signed on behalf of the corporation by the president or
vice-president and the secretary or assistant secretary, respectively, as set forth in Sec.
I.D.6,b.
* * *
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31 See. I.D,7.i. The initial point in the description shall be accurately tied to the nearest
32 quartersection corner or government comer. Each govemment corner being used shall be
33 identified, If the subdi\'ision development being platted is a re-subdivision of a pre\'iously
34 recorded subdivision, then a tie to a Pernlanent Reference Monument from the parent plat is
35 sufficient. If the subdivision development is a re-subdivision of a part of a previously
36 recorded subdivision, sufficient ties to controlling lines appearing on the parent plat must be
37 provided to permit an overlay, The position and orientation of the plat shall conform to the
38 Florida State Plan~ Coordinate System in the manner established by the City Engineer and
39 prescribed in the Engineering Division's Design handbook and associated fomls.
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43 Sec. l.D.7.m. The plat boundary and all parcels shown on the development or subdivision
44 plats intended to be conveyed in fee title shall be delineated by solid lines.
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46 * * *
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23 Sec, I,D.13. PLANNED DEVELOPMENTS. All plats for planned developments shall
24 'be identified as to the t:-ype of development being platted, For example, aAll planned unit
25 developments shall contain "P.U.D," within the We title; gAll planned commercial
26 developments shall contain "P,C.D." within the title; all planned industrial developments shall
27 contain "P.I.D." within the title: or anv comhination thereof shall be identified within the title
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Sec.1.D.7,p.(b) Where data is tabulated, a minimum of the delta angle, radius and arc
length and the curve designation number or letter will be shown on the site plat.
* * *
Sec. J.D.10, EASEMENTS. The plat shall contain a statement that no buildings or
structures shall be placed within easements. Easements for proper drainage shall be provided
where necessary at a width adequate to accommodate the drainage facilities, A minimum
width of twelve (12) feet shall be provided for underground storm drainage installations.
Where canals or ditches are permitted, the width shall be adequate to accommodate drainage
facilities plus twenty (20) feet on one side to permit equipment to enter for maintenance
purposes.
Easements for supporting utility svstems shall also be provided where necessary at a width
adequate to accommodate their depths. A minimum width of twelve (12) feet shall be
provided for these systems. Where sanitary sewer svstems are greater than five (5) feet in
depth, the minimum utility easement width shall be twice the greatest depth point on any link
segment plus two (2) feet in order to access the system during anv servicing required task.
* * *
* * *
Sec. 2.A.2. Surety guaranteeing that all work required that will not be constructed, owned
and maintained in perpetuity by the developer and his successor and/or assigns will be
completed in full accordance with the plat and approved construction plans; with all
development conditions attached thereto; and with the Boynton Beach Land Development
Regulations, provided that no surety is required for sewage collection and transmissions
systems, water distribution systems and transmissions systems which will be conveyed to the
city upon completion of their construction. Surety shall be in substantially the form and
amount delineated in Chapter 7; and
[Editor's Note: This sub-section is currently being upgraded in regards to surety upgrade via
a preceding ordinance,]
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Section 3.
Each and every other provision of said chapters, not herejn specifically
2 amended shall remain in full force and effect as previously enacted.
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Section 4.
All ordinances or parts of ordinances in conflict herewith be and the
4 same are hereby repealed.
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Section 5,
Should any section or provision of this Ordinance or portion hereof. an
6 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
7 such decision shall not affect the remainder of this Ordinance,
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Section 6,
Authority is hereby granted to codify this said Ordinance,
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Section 7.
The Ordinance shall become effective immediately after passage.
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FIRST READING this / ,jJii day of
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SECOND, FINAL READING AND PASSAGE thjs _ day of
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2007.
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CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
ATTEST:
Commissioner - Carl McKoy
Janet Prainito, City Clerk
(CORPORA TE SEAL)
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XII. - LEGAL
DEVELOPMENT
ITEM A.2
CITY OF BOYNTON BEACE
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office
0 April 17,2007 April 2, 2007 (Noon.) F]
0 May 1,2007 April 16,2007 (Noon) ~
0 May 15,2007 April 30,2007 (Noon) 0
0 June 5, 2007 May 14,2007 (Noon) 0
Requested City Commission Date final form Must be Turned
Meeting Dates in to Citv Clerk's Office
June 19,2007 June 4, 2007 (Noon)
July 3, 2007 June 18,2007 (Noon)
July 17,2007 July 2, 2007 (Noon)
August 7,2007 July 16, 2007 (Noon)
Consent Agenda
Code Compliance & Legal Settlements
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New Business
o Announcements/Presentations
NATURE OF 0 Administrative
AGENDA ITEM 0
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Uw 0 0
<J: Co) c>
~ i:: 0 Public Hearing
LL-. 0"'
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Rib.t>MriiNDATlON: Motion to amend the Land Development Regulations (LDR), Chapter 6, REQUIRED
IMF~PVEMENTS, to clarify the requirements applicable to developmentlre-development projects other than standard
s~isio~
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EXPLAN!!fION: Some developer's have taken the position that the City's LDR, Chapter 6, Required Improvements,
p~~s o~ t~ standard subdivisions and not .necessarily to. other types of developments prior to the is~uance of any and all
blfl!dmg perrruts. The proposed changes to thIS chapter clarIfies and re-defines clearly the comprehensIve reqUlrements that
affect all development projects.
City Manager's Report
Legal
Unfinished Business
PROGRAM IMP ACT: None
FISCAL IMPACT: None
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AL TERNA TIVES: Continue with the fragmented platting regulations as they relate to required improvements.
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City Manager's Signature
Assistant to City Manager ~
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(. t'e. t(., yj ,1 - .{ r \ I '::r~ / -
Department Head's Signature
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Public Works / Engineering Division
Department Name
City Attorney / Finance
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ORDINANCE NO. 07 - [1'-)
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4 AN ORDINANCE OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, AMENDING
6 CHAPTER 6, REQUIRED IMPROVEMENTS, AS
7 CONTAINED IN THE LAND DEVELOPMENT
8 REGULATIONS, CLARIFYING THE APPLICABILITY
9 AND DELINEATION OF THOSE DEVELOPMENTS
10 THAT ARE DEFINED AS OTHER THAN
11 SUBDIVISIONS OF LAND DEVELOPMENT;
12 PROVIDING FOR CONFLICTS, SEVERABILITY,
13 CODIFICATION AND AN EFFECTIVE DATE.
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16 WHEREAS, the City's standard sequence for development construction has been the
17 approval of development master site plan by the City Commission including the issuance of a
18 Development Order, the generation of the new record plat for recording \vith Palm Beach
19 County, the issuance of a Land Development Pemlit, and the issuance of various construction
20 pemlits thereafter; and
21 WHEREAS, some developer's have taken the position that the City's Land
22 Development Regulations ("LDR"), Chapter 6, "Required Improvements", only pertains to
23 standard subdivisions and not necessarily to other types of developments prior to issuance of
24 any and all building pemlits; and
25 "THEREAS, the City Commission finds that Chapter 6 "Required Improvements". of
26 the City's LDR needs to be clarified and re-defined clearly as to the comprehensive
27 requirements that affect all development projects,
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NO'" THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
29 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing Whereas clauses are true and conect and incorporated
'31 herein by this reference,
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Section 2.
Chapter 6, "Required Improvements", of the LDR are hereby amended
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as follows:
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CHAPTER 6
REQUIRED IMPROVEMENTS
* * *
ARTICLE II. APPLICABILITY
Tangible improvements are required as described in this chapter in conjunction with
the development of every subdi'.'ision development within the incorporated areas of the City
of Boynton Beach whether the subdi'.'ision development is platted or unplatted.
* * *
ARTICLE III. IDENTIFICATION OF REQUIRED IMPROVEMENTS
* * *
Sec. 2. Bridges and culverts.
Bridges or culverts shall be provided as necessary to facilitate the proposed street
system whenever a subdivision development is traversed by or contains canals, watercourses,
lakes, streams, waterways or channels. Bridges or culverts are subject to approval by
agencies having jurisdiction.
Sec. 3. Buffer areas (screening).
Subdivisions and other dwelling-type proiects shall be buffered to separate residential
developments from commercial and industrial developments with a fWe six-foot high
masonry wall or landscaped chain link fence, or some other equivalent buffer which shall also
be at least fivo (5) six (6) feet in height, except where such developments are separated by a
golf course or other equivalent barrier. Residential developments shall also be buffered and
protected from adjacent expressways, arterials and railroad rights-of-way with a five-foot
limited access easement, which shall be shown and designated on the plat, except where
access is provided by means of a marginal access road or where such expressway, arterial or
railroad right-of-way abuts a golf course. As an alternative, a fWe six-foot high decorative
masonry or landscaped chain link fence or other equivalent buffer, which shall be at least fWe
~ six (6) feet high, may be provided in a limited access easement ~ that is five (5) feet
wide. For other types of screening requirements. refer to the specifics for the zoning district
which the site is located in as noted in Chapter 2. ZONING.
* * *
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Sec. 5-2. Storm water treatment.
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Storn1 water shall be treated in the development or subdivision by providing on-site
percolation and/or detention or any appropriate treatment technique acceptable to the South
Florida Water Management District
Sec. 6. Fire hydrants.
Fire hydrants shall be provided in all residential, commercial and industrial
developments or subdivisions in the manner prescribed in this ordinance. When annual fire
hydrant fees are to be levied according to ordinances, a special association for paj'111ent of
said fees will be required.
* * *
Sec. 10. Sanitary sewage.
A complete sewage collection system shall be provided for all developments or
subdivisions in accordance with requisite government regulations. Sewage transmission
facilities shall be provided by the developer to an approved operating city collection or
transmission system. The city utility director or his designee shall approve all connections to
existing city collection and transmission systems.
* * *
Sec. 12. Streets.
All streets and related facilities required to serve the proposed development or
subdivision shall be constructed by the developer. The construction shall consist of. but not
be limited to, street grading, base preparation and surface course along with drainage. and
I shall be in accordance with City regulations.
Before any plat or deed or instrument conveying or dedicating any street right-of-way
to the city shall be accepted by the city, all roads shall be paved so as to meet the minimum
requirements set forth in this chapter.
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39 Sec. 15. Central water system.
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41 A complete water distribution system shall be provided for all developments or
42 subdivisions. Water transmission mains shall be provided by the developer to an approved
43 operating city water system. The city utility director or his designee shall approve all new
44 connections to the existing city water system.
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46 Sec. 16. Traffic control devices.
* * *
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The developer shall install traffic control devices on roads within and interfacing with
the development or subdivision. ~ When required. the developer shall conduct a traffic
impact analysis meeting the approval of in accordance with the concurrency requirements of
Palm Beach County Traffic Engineering Division and these regulations and any other
requirements determined necessary by the city engineer, who shall determine the traffic
control requirements.
ARTICLE IV. DESIGN REQUIREMENTS FOR REQUIRED IMPROVEMENTS
The design of required development or subdivision improvements shall be in
accordance with acceptable engineering principles. Design data, (calculations, analyses, etc.)
shall be submitted along with the land development construction plans covering important
features affecting design and construction implementation of same. Such data shall include,
but not be limited to, high water, drainage facilities of all kinds, subsurface soil data, alternate
pavement and sub grade types, and radii at intersections when minimum standards of the
American Association of State Highway and Transportation Officials are inadequate.
Required improvements shall be equal to or exceed current city standards and the following:
* * *
Sec. l.A.4. New subdivisions, p.nD., and cluster dwellings developments shall consider
including a secondary vehicle aecess point, in addition to the primary vehicle access point,
from the service roadway fronting~[ delete period] the proposed development site, when 30 or
more dwelling units are planned. If, due to the land configuration or remote relationship to
other platted and improved lands, a secondary vehicle access point is not ~ feasible, an
emergency vehicle access point shall be considered away from the primary vehicle access
point to allow for emergency access to the dwelling units in the event the primary vehicle
access point is not accessible.
* * *
Sec. 3.D.2. In blocks nine hundred (900) feet in length or over, crosswalks not less than
eight (8) feet wide may be required between streets where deemed essential by the city
engineer to provide circulation or access to schools, playgrounds, shopping centers,
transportation and other community facilities.
* * *
Sec. 5.
Drainage and storm water treatment.
A. DRAINAGE. Provide comprehensive final storm drainage facilities. Submit
construction plans and certified drainage design data which includes, but is not limited to,
method of control of storm water and groundwater; drainage pIan; existing water elevations;
recurring high water elevations; proposed design water elevations; drainage structures; canals;
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ditches; and any other pertinent infonnation per1aining to the system. Provide for drainage of
2 lots, streets, roads and other public areas including surface waters which drain into or through
3 the property. The drainage design must provide adequate surface water drainage of naturally
4 occurring or existing adjacent contributory areas.
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6 * * *
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AA. Localized Improvements, Developers, contractors and owners of all new
residential developments. including additions, pools. patios, driveways. decks or similar
structures, on existing properties that decrease the permeable land area in excess of 800
square feet on anv parcel shall provide a professionally prepared drainage plan clearlv
indicating compliance with this section, Upon completion of the improvements. a
certification from a Florida-licenses engineer shall be submitted to the inspector prior to the
issuance of any certificate of occupancv,
* * *
Sec. 5.B.2.
Components
a. Maximum runoff distance over impervious surfaces before diversion to
percolation areas is fifty (50) feet excluding roofs, sports fields, road\vay gutters and
StOilll sewers.
b. Temporary ponding shall not last more than eight (8) hours.
c. Swales may be substituted for storm sewers to convey and collect
surface waters, Minimum and maximum swale grades shall be in accordance with city
standards. Maximum swale grade is limited to that grade which will produce water
velocities below the threshold of erosion. Typical swale sections shall follow CIty
standards,
d, Water management tracts shall include a twenty-foot wide maintenance
easement with a maximum side slope of eight to one (8: 1) to the water level control
elevations, Maximum slope from the edge of maintenance easement water level
control elevation to a point two feet below the control elevation shall be four to one
(4: 1), Maximum slope below this point shall be in accordance with city stoml\\'ater
retention criteria and standards,
3. Dedications. Major treatment facilities such as swales, lakes, canals. and
other areas used for storm water management prior to discharge from development
shall be placed in water management tracts shown on the plat and dedicated to the
entity responsible for their maintenance.
4. Alternate treatments, Alternate treatment methods or facilities \vhich in the
opinion of the city engineer are equal or superior to the above requirements may be
approved. Applications for such approvals shall be accompanied by written data.
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calculations and analyses which show, by accepted engineering principles, that the
alternate proposal is equal or superior to that required.
All major treatment facilities such as swales, lakes, canals, and other detention
areas used for storm water management prior to discharge from development shall be
placed in water management tracts shown on the plat and dedicated to the entity
responsible for their maintenance. All water management tracts shall include where
necessary, a twenty-foot wide maintenance berm, with a side slope not steeper than
eight to one (8: 1) to the water control elevation, and four to one (4: 1) to two (2) feet
below the water control elevation.
Alternate treatment methods or facilities which in the opinion of the director of
development city engineer are equal or superior to the above requirements may be
approved.
* * *
Sec. 6, Easements.
* * *
B. DRAINAGE EASEMENTS. Drainage easements shall be provided where
necessary at t width adequate to accommodate the drainage facilities. A minimum width of
twelve (12) feet shall be provided for underground storm drainage installations, Where canals
or ditches are permitted, the width shall be adequate to accommodate drainage plus twenty
(20) feet on one side for maintenance purposes. Where the width of canals or ditches exceed
sixty (60) feet, they shall be acceptable accessible to and placed under the control of the
drainage agency having jurisdiction. Drainage easements shall be provided to facilitate
removal of surface waters from contributory areas. When a development or subdivision is
traversed by or de'/clops creates canals, watercourses, lakes, streams, drainage ways or
channels, a drainage easement or right-of-way shall be provided conforming substantially
with the lines of such waterway and of such width and/or construction as will be adequate for
the purpose.
Sec. 7. Lots.
All lots established in accordance with these regulations shall have frontage on a street
or have permanent private access to a street which has a minimum right-of-way of fifty (50)
feet. All lots shall have the minimum area, frontage, width and depth required by the
prevailing or approved use zone zoning district wherein said lots are located. When a
subdivision is proposed under land with existing structures that are proposed to be retained,
lots are to be designed so as not to cause existing structures to become nonconforming with
respect to building area or lot size. When lots are platted abutting a collector or arterial street,
access shall be limited to local streets or marginal access roads. No access from individual
lots shall be permitted directly to collector or arterial streets. Double frontage lots or through
lots shall be avoided except where essential to provide separation of residential development
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1 from traffic arteries or to overcome specific disadvantages of topography or orientation.
2 Where double frontage lots are developed they shall be buffered as required by this ordinance.
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4 Comer lot lines at intersecting rights-of-way shall be the long chord of a twenty-five
5 (25) foot radius or of a greater radius where deemed necessary, Comer lots shall be designed
6 to provide a safe intersection with respect to sight distance. A restriction shall be defined on
7 the plat prohibiting construction or planting over two foot six inches high on comer lots
8 within a safe sight distance based on the roadwav profile crown elevation of the street.
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10 Sec. 8. Seawalls, bulkheads, piers and docks.
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12 Seawalls, bulkheads, piers and docks installed along access waterways shall be
13 installed under pennit issued by the Boynton Beach Development Department. Seawalls and
14 bulkheads shall be constructed with the water side face being on not to encroach over tho
1 5 property line.
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19 Sec. 10. Streets.
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21 Street layout shall be coordinated with the street system of the sunounding area.
22 Consideration shall be given to existing and planned streets, topographical conditions, public
23 convenience, safety and relationship to the proposed use of the land to be served. The
24 arrangement of streets in new developments or subdivisions shall provide for the continuation
25 of existing streets in adjoining areas not developed or subdivided, and shall provide for the
26 proper projection of streets. When a development or subdivision adjoins unsubdivided land,
27 then the new street, where necessary, shall be carried to the boundary of the tract proposed to
28 be developed or subdivided to promote reasonable development of adjacent lands, and
29 provide continuity of street systems. The new development or subdivision shall provide for
30 the incorporation and compatible development of the present and future streets shown on the
31 thoroughfare map adopted by the City Commission,
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33 A. TRAFFIC ANALYSIS. A development or subdivision that well generate three
34 thousand (3,000) one-directional vehicle trips per day or two hundred fifty (250) one-
35 directional vehicle trips in anyone-hour period must submit a traffic impact analysis along
36 with the master plan. The analysis shall be prepared by a professional engineer and shall be
37 used to determine the number of lanes, capacity of street systems proposed or affected by the
38 development, and the phasing of improvements. When a development or subdivision will not
39 generate sufficient one-directional vehicle trips to warrant a traffic impact analysis, an
40 intersection analysis must be submitted along with the master plan. All traffic analvses shall
41 be in accordance with and shall meet concurrencv requirements of the Palm Beach C ountv
42 Traffic En2:ineering Division and these regulations, and anv other reguirements detem1ined
43 necessarv bv the city en2:ineer.
44
45 * * *
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L. MARGINAL ACCESS STREETS. Where a development or subdivision
abuts an arterial or higher classification street and adjoining property owners desire access
other than at street connections, a marginal access street shall be required from an intersection
to the edge of the development or subdivision.
M. LOCAL STREETS, Local streets shall be laid out so as to discourage
through traffic.
N. RAILROADS ON OR ABUTTING DEVELOPMENTS OR SUBDIVISIONS,
When a development or subdivision borders on or contains a railroad right-of-way, a street
approximately parallel to and on each side of such right-of-way may be required so as to
permit appropriate use of the intervening land for park purposes in residential districts or for
commercial or for industrial purposes in appropriate districts,
O. HALF STREETS. Half or partial streets are prohibited except where
essential to the reasonable development or subdivision of a tract in conformance with the
thoroughfare plan and these regulations. In addition, satisfactory assurance for dedication of
the remaining part of the street must be provided. Whenever a tract to be developed or
subdivided borders on an existing half or partial street, the other part of the street may be
required to be dedicated and constructed within such tract. A proposed development or
subdivision that adjoins or includes an existing street which does not conform to the minimum
right-of-way requirements of these regulations shall dedicated right-of-way along either one
or both sides of said street so that the minimum right-of-way requirements of these
regulations can be met.
* * *
U COLLECTOR ROAD DEDICATION. Collector
developments or subdivisions shall be dedicated as public streets.
roads
wi thin
* * *
X. CROSS ACCESS ROAD. Provide cross access roads or drive aisles
between commercial sites wherever practical to minimize trips on nearby thoroughfares.
* * *
Z. All construction activity regulated by this code shall be performed in a manner
so as not to adversely impact the conditions of adjacent properties, unless such activity is
permitted to affect said property pursuant to a consent granted by the adjacent property owner,
under terms or conditions agreeable to the adjacent property owner. This includes, but is not
limited to, the control of dust, noise, water or drainage runoff, debris and the storage of
construction materials. New construction activity shall not adversely impact historic surface
water drainage flows of adjacent properties, and may require special drainage considerations
complying with engineering standards to preserve the positive drainage patterns of the
affected sites. .^.ccordingly, developers, contractors and ov:nerG of all ne\y rosidential
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development::;, including additions, pools, patios, driveways, decks or similar structures, on
existing properties that decrease the pem1eable land area in excess of 800 square feet on any
parcel shall provide a professionally propared drainage plan clearly indicating compliance
with thi::; division, Upon complotion of the impro'.'ements, a certification from Q Florida
licenses engineer shall be submitted to the inspector prior to the issuance of any certificate of
occupancy.
* * *
Sec. 12. Bicycle/pedestrian paths.
Bicycle/pedestrian paths shall be a minimum of eight (8) feet wide. In driveway and
commercial areas, the surface, base and subgrade requirements of Article IV, Section 10,
subsection F shall be met In other areas, one inch Type II asphaltic concrete on a four-inch
thick compact base of locally approved limerock or shell be used. When bicycle/pedestrian
paths are not 10cated within road rights-of-way, the base shall extend six (6) inches from each
side of the surface and muck shall be completely removed below the base. Three-quarter
(3/4) inch thick Type I asphaltic concrete may also be used. The cross slope shall be one-
quarter (114) inch per foot
* * *
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Sec. 15. Median strips and entranceways.
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* * *
B. DEVELOPMENT SUBDIVISION ENTRANCEW A YS. Subdivision
, entmnce'.vays consisting of v, Walls, fences, gates, rock piles, or the like at proiect
entrancewavs are not permitted within the median strip or other areas in a dedicated or deeded
30 I right-of-way. Decorative entranceways must be constructed upon plots of land adjacent to a
31 II right-of-way in compliance with the zoning, building and sign codes and must not constitute a
traffic hazard, A guardhouse located so as not to create a traffic hazard may be constructed at
the entrance to a development having private streets.
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35 Sec. 16. Fire hydrants.
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37 Fire hydrants shall be no more than three hundred (300) feet apart and the remotest
38 part of any structure shall be no more than two hundred (200) feet from a hydrant
39 Connections shall be to mains no less than six (6) inches in diameter. In addition to domestic
40 requirements at residual pressures of not less than twenty (20) pounds per square inch, fire
41 flow of at lease one thousand five hundred (1.500) gallons per minute shall be provided as a
42 minimum standard.
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44 Exceptions: In one and two (2) story residential developments or subdivisions \I\.ith
45 not more than ten (10) dwelling units per acre, fire hydrants may be spaced up to five hundred
46 (500) feet apart but not more than three hundred (300) feet from the center of any lot in the
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development or subdivision. The system shall provide flow capacity of at least five hundred
(500) gallons per minute in addition to maximum day domestic requirements at specified
residual pressures.
* * *
Sec. 19. Commercial and industrial developments/subdivisions.
Commercial and industrial developments or subdivisions shall comply with all of the
requirements of this ordinance, except that all local streets shall be designed and constructed
according to the collector street typical section contained in the current city standards.
Sec. 20. Nuisance abatement.
Applicant for clearing and grubbing permit and/or land development permit shall
describe in writing how blowing sand, dust, and other airborne matter will be controlled
during clearing, grading and filling and until such time as permanent ground cover is
installed.
* * *
ARTICLE V. CONSTRUCTION OF REQUIRED IMPROVEMENTS
* * *
Sec. 4. Construction documents.
A. PREP ARA TION & SUBMITTAL OF CONSTRUCTION DOCUMENTS.
Upon approval of the master plan by the City Commission, the developer shall prepare and
submit to the city engineer within six (6) months, six (6) copies of the proposed record plat,
four (4) sets of signed and sealed construction plans, along with a non-reimbursable fee, as
adopted by resolution of the City Commission, payable to the City of Boynton Beach. The
development or subdivision of a large tract may be developed in two (2) or more phases and
the developer may submit construction plans for approval to develop the proiect subdiyision
in phases, The construction plans and plat shall coincide with the master plan and/or site plan
as approved or modified in accordance with citv regulations, and any deviation desired by the
developer must be approved by the +RG Technical Advisory Review Team (TART) in the
Planning and Zoning Division of the Department of Development by application from the
developer and re-submittal of the conceptual development plans pursuant to the requirements
of the Land Development Regulations (LDR).
* * *
B.2.i. The plans shall contain the special conditions and specifications pertaining to
the development or subdivision in note form on the plans, such as:
* * *
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2 Sec. 7. Obtaining Certificates of Occupancy.
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4 No Certificates of Occupancy will be issued for buildings in the platted development
5 or subdivision until all required improvements are completed. approved and accepted by the
6 City, except that a developer may, at his option, post additional 110% surety in compliance
7 with Chapter 7 for work which may be more prudently put in place subsequent to building
8 construction such as sidewalks and landscaping. Certificates of Occupancy will not be issued
9 for the final ten (10) percent of the buildings until such work is completed. approved and
10 accepted by the city as completed.
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12
13 ARTICLE VI. ACCEPTANCE AND MAINTENANCE OF REQUIRED
14 IMPROVEMENTS
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16 Sec. 1. Workmanship and material agreement.
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18 [Changes being made via the new Surezv ordinance currentZv before the C COlJ1m}
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20 Sec. 3. City completion of required improvements.
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22 [Changes being made via the new Surety ordinance current(v before the C Comm}
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* * *
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26 ARTICLE VII. SUBDIVISIONS CONTAINING/ADJOINING WATERFRONT
27 PROPERTY
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29 Sec. 1. General design.
30
31 II When a developer designs a development or subdivision containing/adjoining
32 waterfront property either existing or proposed such as canals, water courses, lakes, streams,
33 drainage ways or channels, such development or subdivision shall comply and confoffil to the
34 requirements of this article and this chapter.
35
36 Sec. 3. Design.
37
38 Where canals, watercourses, lakes, streams, drainage ways or channels are adjacent to or exist
39 upon the property to be oubdiyided developed, they shall retain natural characteristics or
40 design and protect waterways so as to not present a hazard to life and safety. Access
41 waterways proposed in conjunction with a development or subdivision shall have a minimum
42 water depth of six (6) feet for a continuous bottom width of twenty (20) feet. \Vhere seawalls,
43 bulkheads or retaining walls are not required, the design shall incorporate a minimum of a
44 four to one (4: 1) slope from existing ground to a depth of six (6) feet
45
46 * * *
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Sec. 6. Dedication.
* * *
B. W ATERW A YS. Waterways except for public drainage easements shall
be dedicated to a property owners' association or reserved for the use of the residents of a
development or subdivision when the development or subdivision is developed as a
condominium or cooperative development as defined by Florida law, In lieu of the foregoing,
waterways may be dedicated to a legally constituted drainage district.
Section 3,
Each and every other provision of said chapters, not herein specifically
13
amended shall remain in full force and effect as previously enacted.
14
Section 4.
All ordinances or parts of ordinances in conflict herewith be and the
15 same are hereby repealed.
16
Section 5.
Should any section or provision of this Ordinance or portion hereof, an
17 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
18 such decision shall not affect the remainder of this Ordinance.
19
Section 6.
Authority is hereby granted to codify this said Ordinance.
20
Section 7.
The Ordinance shall become effective immediately after passage.
21
FIRST READING this I i~lday of iI-Lilt.- ,2007,
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SECOND, FINAL READING AND PASSAGE this _ day of ____' 2007,
J
CIT"'{ OF BOYNTON BEACH, FLORIDA
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20 ATTEST:
21
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23 I Janet Prainito, City Clerk
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J -
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26 (CORPORATE SEAL)
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
II
I
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'rON C>
XIII-UNFINISHED BUSINESS
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon)
0 May 1,2007 April 16, 2007 (Noon) [gJ July 3, 2007 June 18,2007 (Noon)
0 May 15,2007 April 30, 2007 (Noon) 0 July 17, 2007 July 2, 2007 (Noon)
0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements [gJ Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Discussion of disposition of the Old High School
EXPLANATION: At the May 151\ 2207 City Commission meeting, there was agreement that the CRA would make a
presentation regarding the Old High School at the July 3, 2007 Commission meeting and a decision would be made to
either move forward or demolish the building. On Tuesday, June 12,2007, the CRA Board held its regularly
scheduled meeting where a primary topic of discussion was the future of the old Boynton Beach High School. A newly
developed coalition comprised of many distinguished individuals who have previous expertise and experience in saving
such buildings came forward and requested more time to investigate options for the building. The CRA Board also
maintains that any decision to demolish the high school prior to the completion of the Downtown Master Planning
process would be premature. On June 13,2007, the Chairman of the CRA Board, Henderson Tillman, wrote a letter
to the Mayor requesting a postponement of discussion of this issue.
PROGRAM IMPACT: Not known at this time.
FISCAL IMPACT: Not known at this time.
ALTERNATIVES: Postpone discussions until the August 21, 2007 City Commission meeting, or make a decision
regarding the disposition of the Old High School at this meeting.
~
City Manager's Signature
Assistant to City Manager Clt4V~
City Attorney! Finance
Department Name
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East Side-West S./de.....Seaside Rena'/ssance
June 13,2007
Mayor Jerry Taylor
City of Boynton Beach
Re: Old High School
Dear Mayor Taylor:
The CRA Board held its regularly scheduled meeting on Tuesday June 12th where a primary
topic of discussion was the future of the old Boynton Beach High School.
CRA staff presented a brief historical perspective of the facility and the efforts made by the
agency to find a financially capable entity that would renovate the building to create a west
end anchor for Ocean A venue. Additionally, several citizens, the public arts administrator
and the Arts Commission organized a public meeting on June 11 th to spearhead a coalition to
save the building.
This newly developed coalition is comprised of many distinguished individuals who have
previous expertise and experience in saving such a building. However, this group has
requested more time to investigate options for the building and could not possibly meet the
deadline set by the City Commission of July 3rd. Additionally, CRA staff has been directed
to explore the viability of other proposals however, the Board maintains that any decision to
demolish the high school prior to the completion of the Downtown Master Planning
process would be premature. The first visioning charrette is scheduled for July 21 sl and the
final charrette is scheduled for September 20th.
Since October of 2005, the CRA has been willingly accountable for insurance, maintenance,
repairs and the future of the old high school. As a partner of the City, the board respectfully
requests the City Commission delay sentencing on the old high school for a period not to
exceed six months. This much needed time will allow all current endeavors to save the
building an opportunity to play out.
Notwithstanding the aforementioned, the CRA is aware of the City Commission's concern
about the building being an eyesore for our City. We are willing to entertain short-term
measures to beautify the area around the high school. Possibly city staff can work with eRA
staff to find a suitable location to relocate the trailers in front of the school thus allowing the
CRA to paint the building, wrap the building or perform some other creative measure to
improve the looks ~nti1 a long term decision is made for the building.
If you recall, the CRA inherited only the footprint of the old school building not the
surrounding area or the rear parking lot used by city staff. These portions of the school
remain under the care and control of the City. This constraint has made it challenging to
entice interested parties to renovate a building that does not have accompanying parking.
The CRA Board, in August of 2006, approved a Downtown Parking plan and directed staff
to acquire properties that could be used as additional parking for the building. Although we
were not successful in securing Five Towns College, the CRA has been successful in
purchasing an entire city block to address this parking restraint, thereby creating
opportunities for redevelopment that did not previously exist for the old school.
According to history, in the end, civilizations are only remembered for their art and
architecture. Together, let's give this building one more shot!
Sincerely,
#---/-/L
Henderson Tillman
Chair
cc: City Commission
CRA Board
Kurt Bressner
Carisse Lejeune
Boynton Beach
Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, FL 33435
Office: 561-737-3256 Fax: 561-737-3258