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Agenda 07-01-08 The City of B". t' B'" h" " , >>'-". '\ t:.~. .'.-"-'r_, .- : .' " .... - .. -'.' .. .. .-.-.... '. ,- >>".'''''' .. ',.. '. .. .. .. ", '-.^ ..,. ..,..... ..\\..n ......,.,n...... ... ....... ......,..........'....... ;: f _ '< , ;, .t~' f ,_: .. -'..;- .i ~oy j ~ _OJ J .:_ eacJ 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA JULY 1, 2008 Jerry Taylor Mayor - At Large Jose Rodriguez Vice Mayor - District III Ron Weiland Commissioner - District I Woodrow Hay Commissioner - District II Marlene Ross Commissioner - District IV Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk www,boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES 8r. PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. . Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. . Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. . Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. . Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings. " . Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes . Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes . ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). s:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc City of Boynton Beach REGULAR CITY COMMISSION MEETING AGENDA July 1, 2008 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMMUNITY 8r. SPECIAL EVENTS 8r. PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations a. Recreation and Parks Month - July, 2008 2. Presentation by Gary Solomon of the Sand Sifters regarding the All American Cleanup. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission> 1 Agenda Regular City Commission Boynton Beach, FL July 1, 2008 V. ADMINISTRATIVE: A. Accept the resignation of Frank E. Lindsay, an alternate member of the Recreation and Parks Advisory Board. B. Appointments Appointment Length of Term To Be Made Board Expiration Date II Hay Arts Commission Reg 3 yr term to 12/08 I Weiland Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/10 Tabled (2) Mayor Taylor Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 Tabled (3) II Hay Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 Tabled (2) I Weiland Cemetery Board Reg 3 yr term to 12/08 Tabled (2) IV Ross Code Compliance Board Alt 1 yr term to 12/08 Mayor Taylor Code Compliance Board Alt 1 yr term to 12/08 IV Ross Community Relations Board Alt 1 yr term to 12/08 Tabled (2) II Hay Education & Youth Advisory Board Alt 1 yr term to 12/08 III Rodriguez Library Board Alt 1 yr term to 12/08 Tabled (2) II Hay Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (2) III Rodriguez Veterans Advisory Commission Reg 3 yr term to 12/08 Tabled (2) VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Regular City Commission - June 17, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 1. Award the "THREE YEAR LEASE OF SEVEN (7) NEW AND UNUSED 2008 SATURN (VUE) VEHICLES", Bid #089-2110-08/0D to Saturn of West Palm Beach, for $338.56 per month, per vehicle for a total expenditure of $28,439/year. (Proposed Resolution No. R08-065) (Tabled to June 17, 2008) (Request tabling to July 1, 2008) 2 Agenda Regular City Commission Boynton Beach, FL July 1, 2008 2. Approve the purchase of 7 Ford Focus sedans from Duval Ford from the Florida Sheriffs' Association Bid #06-14-0821 at $11,079 each, total not to exceed $77,553.00. 3. Approve award of "ANNUAL BID FOR PVC SCHEDULE 40 & 80 IRRIGATION SUPPLIES" BID #088-1412-08/JA, to various vendors with an annual estimated expenditure of $60,000. 4. Approve award of "CO-OP CHEMICALS AND FERTILIZER" BID #051- 1411-08/0D to various vendors based on the lowest, most responsive, responsible bidders who meet all specifications with an estimated expenditure of $53,429.43 5. Approve and authorize the execution of Task Order No. U08-14-09 for $343,965 to Mathews Consulting, Inc. to provide professional engineering services for the Rolling Green Stormwater and Water Main Improvement Project. Additionally, approve an owner's contingency of 10% in the amount of $34,400 for a total budget appropriation of $378,365. (Proposed Resolution No. ROB-074) C. Resolutions 1. Proposed Resolution No. R08-075 RE: Approving and authorizing execution of an Interlocal Agreement for Law Enforcement Services between Palm Beach County and the City of Boynton Beach/Boynton Beach Police Department for the administration of the Manatee Protection Conservation Program. D. Approve the recommendations of the Community Development Block Grant review committee for funding activities in preparation of the City of Boynton Beach's One Year Action Plan for FY 2008/2009. E. Approve event funding for The Intergeneration Gathering to be held on July 19, 2008. VII. CODE COMPLIANCE 8r. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these publiC hearings in its dual capacity as Local Planning Agency and City Commission. None. 3 Agenda Regular City Commission Boynton Beach, FL July 1, 2008 IX. CITY MANAGER'S REPORT: A. Review Staff Report - Annexation of Enclaves (Tabled on February 19,2008) X. FUTURE AGENDA ITEMS: A. Consideration/Adoption of Tentative Millage Rate - July 15, 2008 B. Boynton Terrace demolition liens and request for release of liens - July 15, 2008 C. Budget Workshops - July 28-29, 2008 - Library Program Room D. Boundless Playground/Non-Profit 501( c)(3) Foundation - August 5, 2008 E. City Hall Chambers BBlV Upgrades CIP Project - August 5, 2008 F. Electronic Agenda Comparative Cost Analysis - August 5, 2008 G. American Assembly Implementation Recommendations - August 19, 2008 H. Budget Public Hearing to Adopt Proposed FY 2008/09 Budget (1st Hearing) - September 9, 2008 I. Adoption of Final Fire Assessment Rate Resolution - September 9, 2008 J. Budget Public Hearing - Adoption of FY 2008/09 Budget (2nd and Final Hearing) - September 16, 2008 K. Reconsideration of conveyance of Old High School from CRA to City of Boynton Beach - October 7, 2008 XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 1. Proposed Ordinance No. 08-013 RE: Amending Ordinance 89-38 amending the Future Land Use Element of the Comprehensive Plan for a parcel owned by Charles S. Cook and Alice Snow, and located at 506 and 510 Northeast 3rd Street; changing the land use designation from General Commercial (GC) to Industrial (I). (City Towing LUAR 07-003) 4 Agenda Regular City Commission Boynton Beach, FL July 1, 2008 2. Proposed Ordinance No. 08-014 RE: Approving the application of Dave Beasley, amending Ordinance 02-013 to rezone a parcel of land located at 506 and 510 Northeast 3rd Street, from General Commercial (C-4) to Industrial (M-1). (City Towing LUAR 07-003) 3. Proposed Ordinance No. 08-015 RE: Authorizing abandonment of a 10 foot wide alley, located between and adjacent to Lots 46 and 47 of the Arden Park Addition to Boynton, subject to staff comments. (City Towing ABAN 07-002) B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING FIRE ASSESSMENT 1. Presentation by GSG, Inc. of the assessment program. 2. Proposed Ordinance No. 08-017 RE: Approving the establishment of a non-ad valorem assessment to fund fire services. 3. Proposed Resolution No. R08-076 RE: Approving the initial Fire Assessment Rate 4. Authorize the execution and acceptance of the Government Services Group, Inc. quote in the amount of $38,912 to provide the necessary services for the first class mailing of notices to all property owners regarding the proposed FY 2008/2009 Fire Assessment Program and authorize the use of Commission Contingency funds until such time that a Fire Assessment Budget has been approved and adopted. C. Ordinances - 1st Reading 1. Proposed Ordinance No. 08-018 RE: Approving the amendment to Ordinance No. 07-034 amending Chapter 26, "Water, Sewers and City Utilities" as it pertains to the payment of Water and Sewer Capital Facilities Charges. 2. Proposed Ordinance No. 08-019 RE: Approving the City's participation in the Florida Retirement System Pension Plan for the City's Elected Officials, creating a new Article X of Chapter 18 of the City Code of Ordinances, entitled "Pension Plan for Elected Officials," by creating a new 918-240, entitled "Creation and Maintenance of Pension Benefits," authorizing the appropriate City Officials to do all things necessary to effectuate the intent of this Ordinance. 5 Agenda Regular City Commission Boynton Beach, FL July 1, 2008 D. Resol utions: None E. Other: 2. RECESS FOR CLOSED DOOR SESSION: BOYNTON BEACH ALLIANCE; and DESIDERIO COPRORATION, a Florida Corporation, EWELL L. MILLER, individually; and SIR ELECTRIC, INC., a Florida Corporation, Plaintiffs vs. The City of Boynton Beach, Defendant - Case No. CA 02 01704 AN. In attendance is the City Manager, City Commission, City Attorney James Cherof, and Assistant City Attorney Michael Cirullo. Length of time approximately 1 hour. This closed door session was requested by the City Attorney at the City Commission meeting held on May 6, 2008. XIII. UNFINISHED BUSINESS: A. Disposition of BOYNTON BEACH ALLIANCE; and DESIDERIO COPRORATION, a Florida Corporation, EWELL L. MILLER, individually; and SIR ELECTRIC, INC., a Florida Corporation, Plaintiffs vs. The City of Boynton Beach, Defendant - Case No. CA 02 01704 AN 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 lWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Agenda 6/25/2008 3:15 PM S:\CC\WP\CCAGENDA\AGENDAS\year 2008\070108 Agenda.doc 6 III.-ANNOUNCEMENTS & PRESENTATIONS Item C.I.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 D April 15. 2008 March 31,2008 (Noon) D June 17, 2008 June 2, 2008 (Noon) D May 6, 2008 April 14,2008 (Noon) [8J July 1,2008 June 16.2008 (Noon) D May 20. 2008 May 5. 2008 (Noon) D July 15, 2008 June 30, 2008 (Noon) D June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July 14,2008 (Noon) [8J Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: 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. 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 IMPACT: The proclamation will help promote parks and recreation in our community. FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ ~ ~1~' I ~ ~~ / (1',\ ' "'''[ t" .t~~r Department Head's Signature ' , '., ity Manager's Signature Assistant to City Manager ~ Recreation and Parks --.-.----- Department Name City Attorney / Finance SI13ULLETINIFORMS\AC,ENDA ITEM REQUEST FORM,DOC I I t I I I . I WHEREAS, public parks and recreation systems are dedicated to enhancing our quality of life for millions of residents in communities around the world through recreation programming, leisure activities and conservation efforts; and WHEREAS, parks, recreation activities and leisure experiences provide opportunities for young people to live, grow and develop into contributing members of society; create lifelines and continuous life experiences for older members of the community, generate opportunities for people to come together and experience a sense of community; and pay dividends to communities by attracting business and jobs and increasing housing values. WHEREAS, as we observe Recreation and Parks Month, we recognize the vital contributions of employees and volunteers in parks and recreation facilities. These dedicated supporters keep public parks clean and safe for visitors, organize youth activities, provide educational programming on health, nutrition, first aid and gardening, advocate for more open space and better trails, and fundraise for local improvements. They ensure that parks and recreation facilities are safe and accessible places for all citizens to enjoy; and WHEREAS, the National Recreation and Park Association and the Florida Recreation and Park Association designated July as Recreation and Parks Month; I NOW, THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach, Florida, do hereby proclaim July 2008 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 1st day of July, 2008. I ; I I i I Jerry Taylor, Mayor I City of Boynton Beach I I ATTEST: City Clerk (Corporate Seal) ) I III.-ANNOUNCEMENTS 8r. PRESENTATIONS Item C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORNI 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 15, 2008 March 31, 2008 (Noon) o June 17,2008 June 2, 2008 (Noon) D May 6, 2008 Apnl 14, 2008 (Noon) C8J July L 2008 June 16, 2008 (Noon) D May 20. 2008 May 5, 2008 (Noon) o July 15,2008 June 30, 2008 (Noon) 0 June 3,2008 May 19.2008 (Noon) D August 5, 2008 July 14, 2008 (Noon) C8J Announcements/Presentati ons 0 City Manager's Report NATURE OF 0 A dm in i strati ve 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: The Commission to hear a presentation by Gary Solomon of the Sand Sifters regarding the All American Cleanup, EXPLANATION: The Sand Sifters is a volunteer group that conducts monthly trash cleanups at Oceanfront Park. They contribute approximately 5,000 hours of time to the City on an annual basis. They are sponsoring the All American Cleanup to be held on Saturday, July 5, 2008 to help clean the beach after the Fourth of July holiday. Tom's of Maine will be providing hot dogs and other foods. Each volunteer will receive a free t-shirt. The event begins at 8:00 and ends at ] 0:30. PROGRAM IMP ACT: Through the work of the Sand Sifters, the City has to do less cleanup work at Oceanfront Park. They offer volunteer opportunities to teens and award community service hours. They also offer educational programs regarding littering and its effects on the environment at no cost to the City. FISCAL IMPACT: None to the City ALTERNATIVES: N/A ~ ----------- k~ Department Head's Signature City Manager's Signature '1 Assistant to City Manager ~ \. /-- ::A", ~~~,::tion and Parks /~./\...~' It I- ~ . /' '--' Department Name City Attorney I Finance SIBULLETINlFORMS\AGENDA ITEM REQUEST FORM DOC . V. ADMINISTRATIVE MI'.l()af~ fflarlG.>kJ 'd ITEM A. ~~C4~ R..e.<E.ruJ~ av.J. ~Recelve d '-W>~ gj ~fS'. t:<va-l) ~ VSJ!4,eA. r~ . JUN 1 1 1008 ' ~- 7 Rae &. Parks \1\"., /1 { Admin D ea.r b-A r. . . --0 <L/-4 .' . -..-f. . /1 I ~. &/"f; e.,;-- L.1 to d.J. V' 4..€ if a..uJ re...r )'1-<1-; I u ~/,avLe..-'t . tJ,.. . __P. 4 ~ cud c1 /k<z:e.(J 1& 1?14.0~ ~ <<: "he..w-- ~ ~ -<-VL .1 "./J. fJJJ ~' uear au4. ~~ N~/fWl J ~ 4 ~at<-& v~[f(j Tj 4 '" c/ /h' tr et<v.T~ t:l4... 4 M.RMt..tuu- 6v1 rJ.t.ur ~ z.}~ ~ r--' _4-<.q- MC1'Qaj~ ~ /lC4'-~ J7et~-;/Vl/J.er.d .- +lJ ~ UuM...e ~V'~ d-uJJ~ ad Ct.4raf?t<+~,<ty 1>> ~ CL~.e if ~ 7~ ~J!'e 1't<.lLe. ~.e. J . ,."/ . J 9- ~c:.. V-€.tLV -UJpM/\.. ~ )M<1,t- ft.e. f, Iv ~ ~~ -t:..J2 ~<-lM.J I ~ ~.4A..l-(...k:-r;; 1 M/~ I~~ iAri0-{;(jf2(Jr-' f{., ~ tJ 1d..~ -<-i:L ff? j-~UCt+d! @.~ -r;;:J'Q~",-~ ~ ~~''-5~7L.t". "13.Mu... c.j Qf'(JOX~/'~.{/.mzt.u <'ht9-t~~ ci..f--& tI~f a &1Mp1et; ~II-Y~~ ~ ~~ $eac.f.. · Sf--' ~~h...{<<J 1 ~ I~ 7?J2,,-~ ~ Q; ke 10 - bo f! J2d+1. ~1~ . iN.2. ~-ed.~ "-"4/ ~& a~// ..:u.d~tUv-/ ~ t{au/ 4u.a ~ ~ & {>'{X1>-.f-I....<.U""1;if J -i qlJ....u.J ~LJ./1 7iJ~ c... w..~lM~>o ~ '1 €4.+4 ~ ~ -&.ue"4 .~ 8, is' ..1.f.LtLt cd~.~ -7~~.t~r.ed 4 -U4 ~ ~~af tG. ~ ~~4 o-f LJ...U1 ~ et cu<-d Lu.( h d..U.e ~ !1hCrA 'UL{ /J/Mev."...,-'j -1 '. .~ce/.Q~. J-r~ f? $ludi ~. V.ADMINISTRATIVE ITEM B. APPLICANT ELIGIBLE FOR APPOINTMENT 7/1/08 Last Name First 1 st Choice 2nd- Choice 3rd Choice Name Dwork Jonathan Planning & Dev. Bd. Caudell Scott Police Officers' Retirement Trust Fund Grace Joyce Arts Commission LaTour Jamie T. Code Compliance Bd. Community Relations Bd. N orfus Victor Planning & Dev Bd. Rodriguez Luis Education & Youth Adv. (STUDENT) Bd. T engbergen Sherie Arts Commission Timm H. Warren Planning & Dev Bd. S:\CC\WP\BOARDS\APPMENTS\Board Year 2008\Applicants Eligible for Appointment 7 I 08,doc 1 VI.-CONSENT AGENDA ITEM 8.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 15,2008 March 31, 2008 (Noon) o June 17,2008 June 2, 2008 (Noon) o May 6, 2008 April 14,2008 (Noon) [gj July I, 2008 June 16,2008 (Noon) o May 20, 2008 May 5, 2008 (Noon) o July 15,2008 June 30, 2008 (Noon) o June 3, 2008 May 19, 2008 (Noon) o August 5, 2008 July 14, 2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [gj Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve the purchase of seven Ford Focus sedans from Duval Ford from the Florida Sheriffs Association Bid#06-14-0821 at $11,079.00/each, total not to exceed $77,553.00. EXPLANATION: At staffs request, the City Commission has tabled the lease of new Saturn SUY's. These vehicles provide support to the Police Department's COP program. It was Staffs belief that it would be more fiscally prudent to purchase smaller sedans in lieu ofleasing these SUY's. As a result of staff research, we find that we are able to purchase 7 Ford Focus sedans at considerably less expense when compared to the lease cost. The vehicles will have at minimum a seven-year life expectancy (more is hoped for) yielding even greater cost savings over time. Furthermore, the Ford Focus offers better fuel efficiency specifIcations suggesting that our fuel expense will be reduced. The new lease would have cost the City approximately $123,000.00 over a three year term. By purchasing the vehicles a net savings of$45,447 will be realized. PROGRAM IMP ACT: These vehicles are essential to the COP program. FISCAL IMP ACT: $45,447.00 savings to the City budget over a three-year period, the term of a potential lease. Sufficient funds are available in the State Forfeiture Funds (Police Department) in the amount of: $60,000.00, and Vehicle Maintenance $17,553.00 other (Police) to finance this purchase. 691-00-247-04-25 $60,000.00 001-2110-521-46-31 $17.553.00 TOTAL: 77,553.00 . ate the COP program or lease vehicles at greater cos POLICE City Manager's Signature ~ Assistant to City Manager /wr PROCUR NT SERVICES City Attofey Finance S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC ~ . ;8, E~ ' ,.~~""""" "i".;1 ./...,;~;, ':::"~:' ,A.nl(~j:. .~~:';i! /,~ . i, 1~':i!'~ FIK)RIDi\ '~':"{'''' 'W!(J~,4f; I~~;~'$~ COCNTIES .';.<'~ -- ~"~'.~ _.,._-----~ l" . ,-, \I1 .'\hou' Flo,rid.o FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION COMP ACT 4-DOOR ADMINISTRATIVE VEHICLES SPECIFICATION #6 2008 Ford Focus (P35) The Ford Focus (P35) purchased through this contract comes with all the standard equipment as specified by the manufacturer jt)!' this model and FSA's base vehicle specification(s) requirements which arc included and made a part of this contract's vehicle hasc price as awarded by specification by zone. lONE: Western Northern Central Southern BASE PRICE: $10.925.00 $10.928,00 $10.993.00 $11.07900 This vehicle has been rolled over and must be purchased through the 06-14-0821 bid. While the Florida Sheriffs Association, Florida Association of Counties and rlorida Fire Chiefs' Association have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles. we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate tlexibility into our program. we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to detcrminc the approximate cost of the type vehicle(s) you wish to order. NOTE: An otTiciallisting of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers. howe\ cr. those listed here must be honored by the dealers in your zone at the stated prices. Please refer to the "Overview of Awarded Specifications" for vehicles which were low bid. All vehicles indicated with the * are low bid for Bid 07-15-0827 - those indicated with. are low bid for Bid 06-14-0821 and 06-14-0821A. Bid Award Announcement (07-15-0827) 195 ~ F~ ~. .~. m~ > . " ' ': .~::" iI'1r ~'.- . -"", . :.'< ' .~-:~:oO': FLORIDA '...;. ;tlllll, ~.L,V,~< .",~,(}' ~':\'1-H3N;-)~ ; -r~ COUNTIES 'I.!.$< ' "">I o'PY I~~ ,) - .'\11 ."\boUI florid" FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION COMPACT 4-DOOR ADMINISTRATIVE VEHICLES SPECIFICA TION #6 2007 Ford Focus (P34) The Ford Focus (P34) purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: Western * Northern Central Southern BASE PRICE: $10,925.00 $10,928.00 $10,993.00 $11,079.00 While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to identity and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An ofticiallisting of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers. however, those listed here must be honored by the dealers in your zone at the stated prices. * = Specification Low Bid Bid Award Announcement (06-14-0821) 170 FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION SPECIFICATION #6 - COMPACT 4-DOOR ADMINISTRATIVE VEIDCLES 2008 Ford Focus (P3S) (RO) 2008 Chevrolet Cobalt (1 AK69) 2008 Chevrolet HHR (1 A T46) 2008 Chrysler PT Cruiser (PTCH44) 2008 Dodge Caliber (PMDX49) 2008 Honda Civic (F A 16S7EW) 2008 Nissan Sentra (42718) 2008 Toyota Corolla (1802) (RO) ALL ITEMS FACTORY INSTALLED UNLESS OTHERWISE INDICATED INSTRUCTIONS: Listed above, you will find the model numbers of the vehicles that will be included in this year's contract. I. ENGINE: a. Manufacturer's 4 cylinder gasoline engine, alternator, battery, and cooling package. 2. TRANSMISSION: a. Manufacturer's standard automatic transmission and axle ratio. 3. PERFORMANCE ITEMS: a. Manufacturer's standard power steering. b. Manufacturer's standard gauges. 4.1;OMFORT ITEMS: a. Manufacturer's standard air conditioning with 134A system. b. Manufacturer's standard tinted glass all around. c. Manufacturer's standard trunk opener, electric, remote unit location. d. Keys: two (2) per vehicle, single key locking system, (each vehicle keyed differently). e. Manufactuer's standard AMIFM stereo. f Manufacturer's standard floor covering, with front and rear floor mats. g. Manufacturer's standard production seats. Purchaser will select color at time of order. 5. BRAKES: a. Four wheel anti-lock brake ABS system. 6. SAFETY ITEMS: a. Dual outside mirrors and inside rearview mirror. b. Interior dome light(s), with left and right door activated switches. c. Minimum 2-speed electric wipers and windshield washer. d. Manufacturer's standard air bags. 7. TIRES AND WHEELS: a. Manufacturer's standard tires and wheels. b. Manufacturer's standard spare tire and rim. 8. CHASSIS. FRAME. CAB: 07-15-0827 (Revised) 92 a. Inside hood release. b. Manufacturer's standard colors, factory painted. Colors to be determined by individual agencies. c. Manufacturer's standard door molding. d. Manufacturer's standard fuel tank. 9. CONDITIONS In addition to equipment specified, vehicle shall be equipped with all standard equipment as specified by the manufacturer for this model and shall comply with all EP A Emission Standards and all Motor Vehicle Safety Standards as established by the U.S. Department of Transportation regarding the manufacture of motor vehicles. The successful bidder shall be responsible for delivering vehicles that are properly serviced, clean and in first class operating condition. Pre-delivery service, at a minimum, shall include the following: a. Complete lubrication. b. Check all fluid levels to assure proper fill. c. Adjustment of engine to proper operating condition. d. Inflate tires to proper pressure. e. Check to assure proper operation of all accessories, gauges, lights, and mechanical features. f. Focusing of headlights. g. Cleaning of vehicles, ifnecessary, and removal of all unnecessary tags, stickers, papers, etc. DO NOT remove window price sticker or supplied line sheet. 07-15-0827 (Revised) 93 VI.-CONSENT AGENDA ITEM 8.3. 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 Citv Clerk's Office Meeting Dates in to Ci tv Clerk's Office o April 15, 2008 March 31, 2008 (Noon) o June 17,2008 June 2, 2008 (Noon) o May 6, 2008 April 14,2008 (Noon) k8J July 1,2008 June 16,2008 (Noon) o May 20, 2008 May 5, 2008 (Noon) o July 15, 2008 June 30, 2008 (Noon) o June 3, 2008 May 19,2008 (Noon) o August 5, 2008 July 14,2008 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM k8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Ummished Business 0 Public Hearing 0 RECOMMENDATION: A motion to award "ANNUAL BID FOR PVC SCHEDULE 40 & 80 IRRIGATION SUPPLIES" BID # 088-1412-08/JA, to various vendors, with an annual estimated expenditure of $60,000.00. CONTRACT PERIOD: JULY 2, 2008 TO JULY 1, 2009 EXPLANATION: The purpose of this bid is to establish firm prices for the PVC piping (schedule 40 & 80) to be used in irrigation installation/repairs. On May 20, 2008, Procurement Services received and opened seven (7) proposals. The evaluating factors used in determining the award were: price, availability and warehouse processing time. This is a Multi-Award and all recommended vendors, are considered to be the lowest, most responsive, responsible bidders who meet all specifications. Michael Dauta, Warehouse Manager, concurs with these recommendations (see attached memo). The provision of this bid will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performances and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: This bid will allow the Warehouse Division to order inventory for various PVC piping (Schedule 40 & 80) for various departments, to be used in irrigation installation/repairs. Items to be ordered on an "AS NEEDED BASIS" FISCAL IMPACT: ACCOUNT#: ESTIMATED EXPENDITURE: 502-0000-141-0000 60,000.00 2006-2007 Estimated Fiscal Year Expenditure was 53,000.00 (An increase of 15 % was added due to escalating oil cost) ALTERNATIVES: Warehouse not stocking inventory and each department would order on "AS NEEDED" basis, therefore, slowing the process down. Distribution List: Mike Dauta - Warehouse Manager File S:IBULLETIN\FORMSIAGENDA lTEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM e ~\ fllJ, Department Head's Signature (A~~ City Atto Distribution List: Mike Dauta - Warehouse Manager File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC The City of Boynton Beach Finance Department WAREHOUSE DIVISION ~fCtt:IVFt~ ,'!$'1!< '~J", -~ J'i~;" _ '.: ~ _!G' JUN 1 .~~ 2008 TO: Carol Doppler, Purchasing Agent FROM: Michael Dauta, Warehouse Manager .~ DA TE: June 12,2008 SUBJECT: Irrigation Bid I reviewed the tabulation sheet sent from your office. The evaluating factors used were price, availability and warehouse processing time. The annual estimated expenditure is $60,000. My recommendation is a multi-award to overall low vendor. Items in bold are awarded to (2) vendors due to similar pricing. Schedule 40 Adapters HD Supply 1,2,3,4,5,6,7,8,9 Slip Caps HD Supply 10,11,12,13,14 Threaded Caps HD Supply 15,16,17 45 Elbows HD Supply 18, 19,20,21 ,22 06/12/2008 10:58 AM Couplin2s HD Supply 23,24,25,26,27,28,29,30,31,32 Florida Irrigation Supply 23 90 Elbows HD Supply 33,34,35,36,37,38,39,40,41,42 Nozzles Florida Irrigation Supply 43,44,45,46,47,48,49 Nozzles Florida Irrigation Supply 50,51,52,53,54 Nozzles Florida Irrigation Supply 55,56,57,58 Nozzles HD Supply 59,60,61,62,63,64,65,66,67,68,69,70 Polv Nipples Florida Irrigation Supply 71,72 HD Supply 73 Pop Ups HD Supply 74,78,79,82 Florida Irrigation Supply 75,76,77,81 Melrose Supply 80 PVC Pipe Sun Pipe and Valves prices are per foot. Confirmed 6/] ]/08 Florida Irrigation Supply 83,84,85,86,87,88,89,90 Risers HD Supply 91 Florida Irrigation Supply 92 0611 2/2008 10:58 AM Miscellaneous Florida Irrigation Supply 93 HD Supply 94,97 Drillers Service 95 Melrose Supply 96 LOC Supplies Florida Irrigation Supply 98,99 Drillers Services 100,101 American Plumbing 102,103 Melrose Supply 104 Slip Tees HD Supply 105,106,107,108,109,111,112,113, 114,115,116 Lehman Pipe 110 Swint! Pipe HD Supply 117,118,119,120,121 Telescope Florida Irrigation Supply 122,123,124,125,126,127,128,129 PVC Glue Florida Irrigation Supply 130,133 Melrose Supply 131 HD Supply 132 Saws Drillers Services 134 American Plumbing 135 Saw Blades Drillers Services 136 Valves Florida Irrigation Supply 137,138,139 Pressure Vacuum Breaker Florida Irrigation Supply 140,141,142,143 06/12/2008 10:58 AM Timers Florida Irrigation Supply 144,145,146,147,148,149 Miscellaneous Florida Irrigation Supply 150,152,153 American Plumbing 151,155 Drillers Service 154 Melrose Supply 156 Ball Valves Florida Irrigation Supply 157,159,160,161 HD Supply 158 Schedule 80 Adapters Drillers Services 162,163,164,165,166,167,168 Sun Pipe and Valves 169,170,171,172,173,174,175,176,177 Slip Tees Sun Pipe and Valves 178,179,180,181,182,183,184,185 90 Elbows Lehman Pipe 186,187,188,190,191 Sun Pipe and Valves 189,192,193,194 Slip Couplin2s Sun Pipe and Valves 195,196,197,198,199,200,201,202 Nipples Florida Irrigation Supply 203,204,205,206 45 Elbows Sun Pipe and Valves 207,208,209,210,211,212,213,214,215,216 Bushin2s Florida Irrigation Supply 217 Lehman Pipe 217 Sun Pipe and Valves 218,219,220,221,222,223 06/12/2008 10:58 AM Bushin2:s Lehman Pipe 224 Sun Pipe and Valves 225,226,227,228,229,230 Pipe Sun Pipe and Valves prices are per foot. 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J:: Z a..a..=I:l: 0 N NM'<tCO en Zo ~~oO z to "":cOcici <( - W M MMM'<t OOCO > N NNNN VI.-CONSENT AGENDA ITEM 8.4. 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 0 April 15,2008 March 31, 2008 (Noon) o June 17,2008 June 2, 2008 (Noon) 0 May 6, 2008 April 14,2008 (Noon) ~ July I, 2008 June 16,2008 (Noon) 0 May 20, 2008 May 5, 2008 (Noon) o July 15, 2008 June 30, 2008 (Noon) 0 June 3, 2008 May 19,2008 (Noon) o August 5, 2008 July 14, 2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: A Motion to award "CO-OP CHEMICALS AND FERTILIZER" Bid# 051-1411-08/CJD to various vendors based on the lowest, most responsive, responsible bidders who meet all specifications with an estimated expenditure of: $53,429.43. EXPLANATION: This a joint bid with the City of Delray Beach acting as the lead agency. On January 8, 2008, the City of Delray Beach opened and tabulated eight (8) bids for Chemicals and nine (9) bids for Fertilizers. The award recommendation was based on low bid per item. Some items that were substitutes were submitted and approved for award; and when a tie bid occurred, the award was made to the vendor located closest geographically to Delray Beach for delivery purposes. All recommended vendors are considered to be lowest, most responsive, responsive bidders meeting specifications. Agenda request and Award recommendations memo from Tom Balfe, Parks Manager, Scott Wahlin, Golf Course Superintendent, Michael Dauta, Warehouse Manager and Glenda Hall, Forestry, concur with this recommendation (see attached memos). Attached also is a summary Tabulation Sheet showing awarded vendors by item #. The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMP ACT: The purpose of this bid is to establish firm prices for the purchases of Chemicals and Fertilizers for the various departments. These supplies are ordered on an "As Needed" basis and some items are stocked in the City's Warehouse. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: M. Dauta - Warehouse Manager T. Balfe - Parks Manager S. Wahlin - Golf Course Superintendent G, HaIl- Forestry & Grounds File CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: FISCAL YEARS 2008/2009 2007/2008 Golf Course (FERTILIZER) 411-2911-572-52-19 $22,500.00 $54,000.00 Golf Course (CHEMICALS) 411-2911-572-52-21 $19,000.00 $68,000.00 Warehouse (FERTILIZER) 502-0000-141-0100 $3,550.00 Forestry & Grounds (CHEMICALS) 001-2730-572-52-21 $1230.00 $4,168.80 Forestry & Grounds (FERTILIZER) 001-2730-572-52-21 $ 100.00 Parks (CHEMICALS) 001-2731-572-5221 $1,173.43 $4,027.00 Parks (CHEMICAS) 001-2731-572-5226 $4,780.00 $2,882.68 Parks (FERTILIZER) 631-3110-539-5226 $1,096.00 $1,074.00 TOTAL: $53,429.30 $134,152.48 Justification for change in expenditures: Golf Course (Fertilizer and Chemicals) - Superintendent is buying more generic and getting quotes rather than ordering off of bid Warehouse - Was not ordering from the bid in the past. Forestrv & Grounds - Ordering more from Warehouse and Contractual Maintenance bid doing more fertilizing and treating with chemicals. Parks - No longer maintaining "Little League" Ball field and charging different accounts from last year. ALTERNATIVES: Not urchase our own Chemicals & Fertilizer outsource the service which would be very costly. I <uJfJ2r~ City Manager's Signature C~A~:E?p"f ~ A"i",'nl 10 City M~' lJrw{L ~ --",-" City Attorhey / Finance S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM ,DOC C: M, Dauta - Warehouse Manager T. Balfe - Parks Manager S, Wahlin -- Golf Course Superintendent G, Hall - Forestry & Grounds File Memo "'.. ~ ft '-, t: n _,} _~ ~~-1~ ,? '~i'J ~~~. ~N :.~.. ".., To: Carol Doppler, Purchasing Agent JUN 1 3 200a ;:,r.i. ICES From: Glenda Hall, Forestry & Grounds/Streets Manage c,; Date: June 6, 2008 Re: Delray Co-op Bid # 2008-04 I concur with the recommendations for the products we use. See the following list. 001-2730-572-52-21 Product Vendor Expenditure Award c. Regal $675 Defoamer c. UAP $240 GarlonL- Agro $230 Subdue Co Agro $85 14-14-14 f Lesco Z~~ ~ -"Z, () . I ,'.....l I ....-J RECREATION & PARKS DEPARTMENT MEMORANDUM NO. 08-46 TO: Carol Doppler, Purchasing Agent VIA: Jody Rivers, Parks Superintendent FROM: T om Balfe, Parks Manager 1"'1 B DATE: June 2, 2008 SUBJECT: CO-OP BID FOR CHEMICALS AND FERTILIZER I concur with awarding the bid for the following items: COMPANY DESCRIPTION EST.EXPENDITURE i ACCOUNT NUMBER i AgIO Basagran C $218.79/001-2731-572-5221 J 'r Distribution LLC d/b/a Top Choice (. $405.00/001-2731-572-5221 Pro source One Garlon c. $146.25/001-2731-572-5221 i MSMA 6.6 c $198.75/001-2731-572-5221. , 12-2-14 Fertilizer $632.00/001-2731-572-5226 '. _ , 24-2-11 Fertilizer $3288.00/001-2731-572-5226//1 ~"- 24-2-11 Fertilizer $1096.00/631-311 0-539-5226' i '[)' 'P . Diamond R d/b/a Alantis 16-2-8 Fertilizer $860.00/001-2731-572-5226 i - ,'., .~ Florida East Coast Fertilizer & Chemical -. .... Lesco, Inc. Orthene ( $54.88/001-2731-572-5221 1 Uap Distribution, Inc. Defoamer non-toxic c. $57.48/001-2731-572-5221,/ Helena Chemical Co. Tracker Dye Blue Dye Spray ( $92.28/001-2731-572-5221 / Account Totals: 001-2731-572-5221-$1173.43 ./ /)~{? '-, 001-2731-572-5226-$4780.00./ 631-3110-539-5226-$1096.00 ~ .------- ---- ~- ~~~/.. ! C? ' --:., -1 :? <-{-- . ~ The City of Boynton Beach Finance Department WAREHOUSE DIVISION ';lECfJVEO ~,..o _W" ~PR 1 '. 1.Ut\8 ~ '~~~~ TO: Carol Doppler, Purchasing Agent FROM: Michael Dauta, Warehouse Manager ~ DATE: April 30, 2008 SUBJECT: Delray Beach CO-OP Chemicals and Fertilizer Bid # 2008-04 I concur with the recommendation for item # 61, Round-Up Pro Concentrate 2 x 2 ~ gaLlcs. I estimate our usage to be 20 cases. It will be charged to our account # 502-0000- 141-0100 for stock. TOTAL EXPENDITURE: 3,550.00 Memo .~ APR 2 2008 To: Carol Doppler, Purchasing Agent ~:: --' --.--<<.--.--""-- From: Scott Wahlin, Golf Maintenance Manager Date: April 29, 2008 Re: Delray Co-op Bid #2008-04 I concur with the recommendations for the products we use. A list of these products with estimated expenditures and corresponding accounts are listed below. 411-2911-572-52-21 Chemicals Pesticide Vendor Expenditure A iii ette Agro Prosource One $3100 Barricade Lesco, Inc. $2000 Bivert Lesco, Inc. $500 Blazon Lesco, Inc. $800 Chipco GT Agro Prosource One $900 Daconil Zn Lesco, Inc. $1000 Dithane 45 Agro Prosource One $900 Drive Univar USA $2000 lIIoxan Agro Prosource One $900 Manage Agro Prosource One $700 I Orthene Lesco, Inc. $1300 ' Pro Star 70WP Agro Prosource One $2100 Round-up Pro UAP $400 Dupont Advion MC Helena $900 Dupont Advion Ant Helena $1500 , - 411-2911-572-52-19 Fertilizers ) Fertilizer Vendor Expenditure , 12-0-0 Lesco, Inc. $750 13-2-13 Greens Lesco, Inc. $7400 16-2-16 Agro Prosource One $1600 21-2-11 Agro Prosource One $12,000 High Mn Combo Lesco, Inc. $750 ....-.... M~R~ TOTAL EXPENDITURE: $41,500.00 Scott Wahlin [ITY DF DElRAY BEA[H DElRAY BEACH f LOR I D A 1 GO ~\ 'vV. ~ s: ;i;\jEi\!U~: DELRb,'{ 8E,A.CH, ;::-LCRi[l,t, -:,34.::i.';:: . 561243--'C'rJC D.e.d AII.America City , , III !Pril 17, 2008 1993 Diamond R Fertilizer Co., Inc. 2001 d/b/a Atlantic Fee Fertilizer & Chemical Co. John Fredrick, Manager P.O. Box 1488 Homestead, Florida 33030-1488 RE: Bid #2008-04 Co-op Bid - Chemicals and Fertilizers Dear Mr. Fredrick; Our City Commission, at their meeting of April 15, 2008, approved the award of the Co-op Bid for Chemicals and Fertilizers to various vendors. Term of the contract will be from April 16, 2008 through April 15, 2009. Items will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract term from each participating entity of this Co-op Bid. Items awarded to your company are as follows: Chemicals: Item #(s): 63 Fertilizers: Item #(s): 02, 07, 08, 09, 21, 23, 25 and 36 Please submit, to each participating entity, the required certificate of insurance as stated on page's 12 and 13 of the bid document. We would like to thank you for your interest in the City of Delray Beach and the Palm Beach County Cooperative Purchasing Council. If you have any questions, you may contact me at (561) 243-7161. cjcerelY, '1ltie/aL p*, Purchasing Manager cc: Joseph Safford,~ce Director Tim Simmons, Superintendent Parks and Recreation Steve Bureau, Delray Beach Municipal Golf Course Tom Gynn, Lakeview Golf Course Co-op Members SERVICE · PERFORMANCE. INTEGRITY. RESPONSIBLE · INNOVATIVE · TEAMWORK I:IT' DF DELIA' BEAEH DElRAY BEACH f LOR I D ^ D.e.I.II All-America City 1 , 111~PriI17' 2008 1993 2001 Helena Chemical Company James Boggs, Account Manager P.O. Box 1758 Dade City, Florida 33526-1758 RE: Bid #2008-04 Co-op Bid - Chemicals and Fertilizers Dear Mr. Boggs; Our City Commission, at their meeting of April 15, 2008, approved the award of the Co-op Bid for Chemicals and Fertilizers to various vendors. Term of the contract will be from April 16, 2008 through April 15, 2009. Items will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract term from each participating entity of this Co-op Bid. Items awarded to your company are as follows: Chemicals: Item #(s): 14,22,30,40,44,47,62,65,66,74,84,90 and 91, Fertilizers: Item #(s): N/A Please submit, to each participating entity, the required certificate of insurance as stated on page's 12 and 13 of the bid document, We would like to thank you for your interest in the City of Delray Beach and the Palm Beach County Cooperative Purchasing Council. If you have any questions, you may contact me at (561) 243-7161 Sincerely, Cl~:a~~~er cc: Joseph Saffo~inance Director Tim Simmons, Superintendent Parks and Recreation Steve Bureau, Delray Beach Municipal Golf Course Tom Gynn, Lakeview Golf Course Co-op Members SERVICE · PERFORMANCE. INTEGRITY. RESPONSIBLE. INNOVATIVE' TEAMWORK (ITY DF DELIAY IEA[H DELRAY BEACH f lOR I D ^ Dad AI/-America City , 11I1!priI17' 2008 1993 Regal Chemical Company 2001 Will King, President P.O. Box 900 Alpharetta, GA 30009 RE: Bid #2008-04 Co-op Bid - Chemicals and Fertilizers Dear Mr. King; Our City Commission, at their meeting of April 15, 2008, approved the award of the Co-op Bid for Chemicals and Fertilizers to various vendors. Term of the contract will be from April 16, 2008 through April 15, 2009. Items will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract term from each participating entity of this Co-op Bid. Items awarded to your company are as follows: Chemicals: Item #(s): 03, 09, 50, 51, 56, 57, 64, 67 and 87 Fertilizers: Item #(s): 02, 04, 05, 20 and 22 Please submit, to each participating entity, the required certificate of insurance as stated on page's 12 and 13 of the bid document. We would like to thank you for your interest in the City of Delray Beach and the Palm Beach County Cooperative Purchasing Council. If you have any questions, you may contact me at (561) 243-7161. u;erclY, tidaL Pats~ Purchasing Manager cc: Joseph Saffo~mance Director Tim Simmons, Superintendent Parks and Recreation Steve Bureau, Delray Beach Municipal Golf Course Tom Gynn, Lakeview Golf Course Co-op Members SERVICE · PERFORMANCE' INTEGRITY' RESPONSIBLE' INNOVATIVE. TEAMWORK [IT' IF DELIA' IEA[H DElRAY BEACH f L (J Il I (1 ^ IIa8.d All-America City , 111I~riI17. 2008 1993 Southeastern Turf Grass Supply 2001 Johathan C. Wicker, VP 6942 Philips Parkway Drive North Jacksonville, Florida 33256 RE: Bid #2008-04 Co-op Bid - Chemicals and Fertilizers Dear Mr. Wicker; Our City Commission, at their meeting of April 15, 2008, approved the award of the Co-op Bid for Chemicals and Fertilizers to various vendors, Term of the contract will be from April 16, 2008 through April 15, 2009. Items will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract term from each participating entity of this Co-op Bid. Items awarded to your company are as follows: Chemicals: Item #(s): 20 and 41 Fertilizers: Item #(s): N/A Please submit, to each participating entity, the required certificate of insurance as stated on page's 12 and 13 of the bid document We would like to thank you for your interest in the City of Delray Beach and the Palm Beach County Cooperative Purchasing Council. If you have any questions, you may contact me at (561) 243-716] Sincerely, Q~~i~Managcr cc: Joseph S~inance Director Tim Simmons, Superintendent Parks and Recreation Steve Bureau, Delray Beach Municipal Golf Course Tom Gynn, Lakeview Golf Course Co-op Members SERVICE' PERFORMANCE. I",jTEGRITY . RESPONSIBLE. If\.JNOVATIVE . TEAM\^/OR~< I:IT' DF DELAAY BEAI:H DELRAY BEACH F LOR I 0 1'\ r'-J.'-/'i "st ,iJ,\/Ei\JUf . D=LR/J\/ t:3E,::',C =-L;:'?'[,'/._ '.3?2.cl~ . 36: ~'.i~"J_-;"-='=-=' ~ AII.America City , , II r !PriI17, 2008 1993 Agro Distribution d/b/a Prosource One 2001 Chad Burkett, Sales Mananger 8245 State Road 7 Boynton Beach, FL 33437 RE: Bid #2008-04 Co-op Bid - Chemicals and Fertilizers Dear Mr. Burkett; Our City Commission, at their meeting of April 15, 2008, approved the award of the Co-op Bid for Chemicals and Fertilizers to various vendors. Term of the contract will be from April 16, 2008 through April 15, 2009. Items will be ordered via individual purchase orders and/or blanket order releases on an "'as needed" basis for the contract term from each participating entity of this Co-op Bid. Items awarded to your company are as follows: Chemicals: Item #(s): 02,05,06,08,11, 16, 18, 23, 25,27,28,29,31,33,35,36,38,39,42,52,54,55,60,61,68, 73, 75,_77, 78, 81, 82, 83 and 87 Fertilizers: Item #(s): 06, 10, 13, 17, 24, 26,28,31, 33 and 40 Please submit, to each participating entity, the required certificate of insurance as stated on page's 12 and 13 of the bid document. We would like to thank you for your interest in the City of Delray Beach and the Palm Beach County Cooperative Purchasing Council. If you have any questions, you may contact me at (561) 243-7161. 7ld~ , Purchasing Manager cc: Josep Saffo~inance Director Tim Simmons, Superintendent Parks and Recreation Steve Bureau, Delray Beach Municipal Golf Course Tom Gynn, Lakeview Golf Course SERVICE . PERFORMANCE. INTEGRITY. RESPONSIBLE. INNOVA TIVE . TEAMWORK [ITY IF DELRAY BEAtH DElRAY BEACH o Ii: I (J A IIIIIIad All-America City , , III~PriI17. 2008 1993 Judy Sparkman, Sales Representative 2001 Univar USA 5051-0 L.B. McLeod Road Orlando, Florida 32811 RE: Bid #2008-04 Co-op Bid - Chemicals and Fertilizers Dear Ms, Sparkman; Our City Commission, at their meeting of April 15, 2008, approved the award of the Co-op Bid for Chemicals and Fertilizers to various vendors. Term of the contract will be from April 16, 2008 through April 15, 2009. Items will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract term from each participating entity of this Co-op Bid. Items awarded to your company are as follows: Chemicals: Item #(s): 1, 24, 43, 69, 70 and 71 Fertilizers: Item #(s): N/A Please submit, to each participating entity, the required certificate of insurance as stated on page's 12 and 13 of the bid document, We would like to thank you for your interest in the City of Delray Beach and the Palm Beach County Cooperative Purchasing Council. If you have any questions, you may contact me at (561) 243-7161 Sincerely, q~t(~~Manager cc: Joseph Saffo~mance Director Tim Simmons, Superintendent Parks and Recreation Steve Bureau, Delray Beach Municipal Golf Course Tom Gynn, Lakeview Golf Course Co-op Members SERVICE. PERFORMANCE. INTEGRITY' RESPONSIBLE. INNOVATIVE. TEAMWORK [IT' DF DELAAY IEAI:H DELRAY BEACH f LOR IDA t'J.\N. st /",\/E~<UE . C)~>_RP,\/ 2E,4Cr-: ::::~>='~IDt.;. ~~;' ~J..+ . -36~; 2;~:3-700D Dad All-America City , , III ~Pril17' 2008 1993 United Agri Products (UAP) 2001 Government Coorindator 2100 Moores Lane Mulberry, FL 33860 RE: Bid #2008-04 Co-op Bid - Chemicals and Fertilizers Dear Government Coorindator; Our City Commission, at their meeting of April 15, 2008, approved the award of the Co-op Bid for Chemicals and Fertilizers to various vendors. Term of the contract will be from April 16, 2008 through April 15, 2009. Items will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract term from each participating entity of this Co-op Bid. Items awarded to your company are as follows: Chemicals: Item #(s): 04,07, OS, 22, 45, 58,59,76,80,85,86,93,94 AND 95 Fertilizers: Item #(s): N/A Please submit, to each participating entity, the required certificate of insurance as stated on page's 12 and 13 of the bid document. We would like to thank you for your interest in the City of Delray Beach and the Palm Beach County Cooperative Purchasing Council. If you have any questions, you may contact me at (561) 243-7161. Sincerely, C21y. ~:LdManager cc: Joseph Safford, Finance Director Tim Simmons, Superintendent Parks and Recreation Steve Bureau, Delray Beach Municipal Golf Course Tom Gynn, Lakeview Golf Course Co-op Members SERVICE . PERFORMANCE. INTEGRITY. RESPONSIBLE. INNOVATIVE. TEAMWORK [IT' DF DELRAY IEA[H DElRAY BEACH r LOR I D A ~ All-America City , , 111~PriI17. 2008 1993 2001 Lesco, Inc. Margaret Duorznak, Sr. Bid Represtative 1301 East 9th Street Suite 1300 Cleveland, Ohio 44114 RE: Bid #2008-04 Co-op Bid - Chemicals and Fertilizers Dear Ms. Duorznak; Our City Commission, at their meeting of April 15, 2008, approved the award of the Co-op Bid for Chemicals and Fertilizers to various vendors. Term of the contract will be from April 16, 2008 through April 15, 2009. Items will be ordered Via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract term from each participating entity of this Co-op Bid, Items awarded to your company are as follows: Chemicals: Item #(s): 1,24,43,69,70 and 71 Fertilizers: Item #(s): N/A Please submit, to each participating entity, the required certificate of insurance as stated on page's 12 and 13 of the bid document. We would like to thank you for your interest in the City of Delray Beach and the Palm Beach County Cooperative Purchasing Council. If you have any questions, you may contact me at (561) 243-7161 Q~tI~ Patsy N , rchasing Manager cc: Jos Saffor~ce Director Tim Simmons, Superintendent Parks and Recreation Steve Bureau, Delray Beach Municipal Golf Course Tom Gynn, Lakeview Golf Course Co-op Members SERVICE . PERFORMANCE. INTEGRITY' RESPONSIBLE. INNOVATIVE' TEAMWORK 2. Contract award to All Florida Generator Installations. Inc. in the amount of $45,118.00 for the emergency backup generator for the new Information Technology (IT) Building. Funding is available from 334-6112-519-62.85 (General Construction Fund/Capital Outlay/City Hall Exp- IT Building). 3. Contract award to Bell South in the amount of $10.205.52 annually for a three (3) year contract for one (1) Primary Rate ISDN circuit for the support of the telephone lines at City Hall, the Community Center and the City Attorney's Office. Funding is available from 001- 1802-512-41.10, 001-4125-572-41.10, and 001-1611-514-41.10 (General Fundffelephone Expenses). 4. Contract award to McCabe Brothers Construction Corporation in the amount of $177.392.00 for renovations to the Atlantic Dunes Park Boardwalk. Funding is available from 334-4170- 572-63.48 (General Construction FundlImprovements Other/Atlantic Dunes Boardwalk). 5. Contract award to McCabe Brothers Construction Corporation in the amount of $54.826.62 for renovations to the Police Department Briefing Roo~ Report Writinf and Mail Room. Fundinf is available from 334-2111-521-46.10 (General Constmction FundIRe.pair & Maintenance ServiceslBuilding Maintenance). 6. Contract award to Technical Inspections, Ine. in the amount of $16,725.00 for Cleaning the Wet Well in Lift Station No. 50 on Lowson Boulevard. Fuudinf is awilable from 442-5178- 536-68.15 (WaterlSewer Renewal and Replacement FundlImprovemen1s Other/Lift Station Rehabilitation). 7. Contract award to Technical Inspections, IDe. in the amount of $30,100.00 for rehahilihdion of Lift Stations No. 94A, 9S and 107. Fundinf is available from 442-5178-536-68.15 (Water /Sewer Renewal and Replacement FundlImprovemen1s Other /Lift Station Rehabilitation). 8. Purchase award to Duval Ford in the amount of $27,534.00 for the purchase of two (2) F-150 4x2 Pick-Up Trucks including accessories and warranty via the Florida Sheriff's Association Rollover Contract #06-14-0821, Specification #33. Funding is available from 501-3312-591- 64.20 (Central Garage Fund/Automotive). 9. Purchase award to lID Supply Waterworks, LTD in the amount of $40,436.53 for various piping materials to be installed by the City's in-house construction crew for the Lakeview Golf Course Reclaimed Water Project. Funding is available from 441-5181-536-65.96 (Water/Sewer Fond/Other ImprovementsIReclaimed Water Transmission). 10. Purchase award to EVS in the amount of $18.976.00 for the purchase of two (2) T3 Personal Electric Mobility Vehicles for the Police Department. Funding is available from 115-2111-521- 64.90 (Special Projects FundlMachinerylEquipmentlOther Machinery Equipment). ~b 'b"t>~ *' 11. Bid award to multiple vendors in the estimated annual amount of $187.000.00 for the purchase o of chemicals and fertilizers for the City. FundiQt is available from 001-4131-572-52.26 'f (General Fund/Operatinf Sopplies/Gardeninf Supplies), 119-4144-572-52.21 (~nfifiNlltion Trust Fund/Operating Supplies/Chemicals), 001-4131-572-52.21 (General Fund/Operating Supplies/Chemicals), 445-4714-572-52.26 (D.B. Municipal Golf Course/Operating Supplies/Gardening Supplies), and 446-4714-572-52.26 (Lakeview Golf Course/Operating Supplies/Gardening Supplies ). 9. REGULAR AGENDA: :-J G;, _ct m rn o . (J) . t;) .~ ~ ~ 0) CO c:.o~~ .o~u['!.o ,u. ~, .oro~ -..- .& - e.a-..c (l) CO -..0 o N", I'-No.."'C'?-~''''O 0 0 0 I,{) 0} 00 ['! ~~~~ N~~j~~~~O ~ ~ 0 ~I,{) ~~~ Glr--:x8 ....X"'ClJOl x'EO 0 0 0 OlN 01,{)- ...J (,17 -.t '" N -.t Cll (,17 '" <l: (,17 (,17 (,17 (,17 .... X .... 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O....J cr:.Q~ 0 d,w S2I Q:J ..J ~~ 000 a:; NLL IU ....JCIl ~ <l:U")U '-' c '*l: ~ ::i:..... co 0> 0 ;: N W(") (") (") '<I' Iv- f-- I w - [)" VI.-CONSENT AGENDA ITEM 8.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 15, 2008 March 31, 2008 (Noon) o June 17,2008 June 2, 2008 (Noon) o May 6, 2008 April 14, 2008 (Noon) o July I, 2008 June 16,2008 (Noon) o May 20, 2008 May 5. 2008 (Noon) ~ July 15,2008 June 30, 2008 (Noon) o June 3, 2008 May 19,2008 (Noon) o August 5, 2008 July 14,2008 (Noon) 0 Announcements/Presentations ~ 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 RECOMMENDA TION: Motion to approve and authorize the execution of a Resolution for Task Order No. U08-14-09 in the amount of $343,965.00 to Mathews Consulting, Inc. to provide professional engineering services for the Rolling Green Stormwater and Water Main Improvement Project. Additionally, approve an owner's contingency of 10% in the amount of $34,400 for a total budget appropriation of $378,365. EXPLANATION: Under a previous task order, #U04-14-01, Mathews Consulting provided design and permitting services for this project. Due to funding issues, the project was put on hold and the task order with Mathews Consulting was canceled on October 11, 2006. Now with the funding issues resolved, the City has requested Mathews Consulting to provide design modifications, permitting resolution, bidding and Construction Management services for this project. The project's infrastructure improvements includes approximately 3,000 If of stormwater exflltration trench, 43 stormwater inlets, approximately 29,475 If of water main replacement, new service connections, site restoration and approximately 57,000 sy of roadway asphalt overlay. The Utilities Department and Mathews Consulting have developed a detailed scope of services that outline sub-tasks required for this project. Discussions and negotiations were conducted to arrive at the level of effort and staffing mix in order to deliver a quality and cost effective task order. Mathews Consulting has successfully completed engineering services for the City in the past. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The compensation for this task order is based upon the terms and conditions described within the Agreement for General Engineering Consulting Services with the City of Boynton Beach per Resolution 08-027 approved by the Commission on February 19,2008.) PROGRAM IMPACT: The task order for Mathews Consulting consists of five (5) sub-tasks, priced as follows: . Task 1 - Design Phase $7,245 . Task 2 - Permitting Phase $1,514 . Task 3 - Bid Phase Services $9,529 . Task 4 - Services During Construction $69,715 . Task 5 - Resident Project Representation $255,962 FISCAL IMP ACT: Funds are available in account #406-5000-590-65-02 WTR121 and account #406-5000-590-65-07 STM027. $2,809,000 was approved in the Utilities CIP in FY 2006-07 for this project, with an additional $3,234,000 included in the CIP for 2008-09 and beyond. The City has identified the Rolling Green project on the City's current Capital Improvements Projects. At the completion of the design and permitting, the Engineer's estimated value of the construction cost for the project was $4,760,000.00 and the construction duration was estimated to be twenty (20) months. Mathews Consulting, Inc. will update the Engineer's estimate and construction schedule estimate as part of this task order. AL TERNA TIVES: The only alternative to approving this motion would be to allow the Rolling Green project area to continue with multiple stormwater and potable water issues. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~ " - epartment Head's Signature City Manager's Signature Kofi A. Boateng, P.E. Kurt Bressner Assistant to City Manager ~/ Utilities Department Name City Attorney / Finance Attachment - Three (3) Original Task Order copies cc: P. Mazzella, Deputy Utilities Director Barb Conboy, Manager, Utilities Administration & Finance C. Roschek, P.E., Engineering Division Manager P. Fleming, PMP, Senior Project Manager File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC 1 RESOLUTION NO. R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING AND AUTHORIZING 5 EXECUTION OF TASK ORDER NO. U08-14-09 IN AN 6 AMOUNT NOT TO EXCEED $343,965.00 ALONG 7 WITH APPROV AL OF AN OWNER'S CONTINGENCY 8 OF 10% IN THE AMOUNT OF $34,400.00 FOR A 9 TOT AL BUDGET APPROPRIATION OF $378,365.00 10 TO MATHEWS CONSULTING, INC., TO PROVIDE 11 PROFESSIONAL ENGINEERING SERVICES FOR 12 THE ROLLING GREEN STORMWATER AND WATER 13 MAIN IMPROVEMENT PROJECT; AND PROVIDING 14 AN EFFECTIVE DATE. 15 16 17 WHEREAS, under a previous task order Mathews Consulting, Inc. provided design 18 and permitting services for this project but due to funding issues the project was put on hold 19 and the task order was cancelled: and 20 WHEREAS, with funding issues resolved, the City has requested Mathews 21 Consulting, Inc. to provide minor design modifications, minor permitting resolution. bidding 22 and construction management services for this project; and 23 WHEREAS, the City Commission of the City of Boynton Beach upon 24 recommendation of staff, deems it to be in the best interest of the citizens of the City of 25 Boynton Beach to approve and authorize execution of Task Order U08-14-09 in the amount 26 of $343,965.00 along with approval of an owner's contingency of 10% in the amount of 27 $34,400.00 for a total budget appropriation 01'$378,365.00 to Mathews Consulting. Inc 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption 32 hereof. SICAIRESOlAgreements\Task - Change OrderslMathews, TO UD8-14,D9 doc I 1 Section 2. The City Commission of the City of Boynton Beach, Florida does 2 hereby approve and authorize execution of Task Order U08-l4-09 in an amount not to 3 exceed $343,965.00 along with approval of an owner's contingency of 10% in the amount of 4 $34,400.00 for a total budget appropriation of $378,365.00 to Mathews Consulting, Inc, to 5 provide professional engineering services for the Rolling Green Storm water and Water Main 6 Improvement Project, a copy of which is attached hereto as Exhibit "A." 7 Section 3. This Resolution shall become effective immediately upon passage. 8 PASSED AND ADOPTED this _ day of July, 2008. 9 10 CITY OF BOYNTON BEACH, FLORIDA 11 12 13 Mayor - Jerry Taylor 14 15 16 Vice Mayor - Jose Rodriguez 17 18 19 Commissioner - Ronald Weiland 20 21 22 Commissioner - Woodrow L. Hay 23 24 25 Commissioner - Marlene Ross 26 ATTEST: 27 28 29 Janet M. Prainito, CMC 30 City Clerk 31 32 33 (Corporate Seal) S\CA\RESOlAgreementsITask ,Change OrdersIMathews, TO U08,14..Q9.doc TASK ORDER NO U08-14-09 DESIGN, PERMITTING, BIDDING & SERVICES DURING CONSTRUCTION ROLLING GREEN STORMWATER & WATER MAIN IMPROVEMENT PROJECT - -,._-------"'---_._._....~-_."--- -~,_..,..--- ._----~._----- Task Order No. U08.14.09 Design, Permitting, Bidding and Services During Construction - Rolling Green Stormwater & Water Main Improvement Project A. Background The City of Boynton Beach (CITY) has identified the Rolling Green Stormwater & Water Main Improvement Project to be completed under the City's current C.LP. Mathews Consulting, Inc. (CONSULTANT) previously provided design and permitting services for this project under Task Order #U04-I4-0I (the project was canceled on October 1 I, 2006). The CITY has requested that CONSULTANT provide Minor Design, Minor Permitting, Bidding and Construction Management Services for the project. This Task Order No. U08-I4-09 provides the scope of work for minor design, minor permitting, bidding, construction administration and resident inspection services for the Rolling Green Stormwater & Water Main Improvement Project. B. Scope of Services The Engineering Services of CONSULTANT shall include the following tasks: . Task I - Design . Task 2 - Permitting . Task 3 - Bidding . Task 4 - Services During Construction . Task 5 - Resident Project Representative Services The specific scope of services to be provided by CONSULTANT in this Task Order includes the following: Task 1 . Design Services The CONSULTANT will provide professional engineering services to the CITY for the replacement of existing water mains and installation of new stonnwater improvements (exfiltration trench), and roadway improvements within the project area. The work will include finalizing the 100% Design Drawings and Specifications to be used for bidding and construction. Subtask 1.1 Phasing Plan Preparation of construction phasing plan (Phase I and 2) that will be included in the 100% design drawings. A written description of the phasing plan will be included in the technical specifications, Subtask 1.2 Design Drawings Finalize the 100% design drawings for bidding (e.g. update City task order #, update the current bid date, update bid tabulation items, update approved bill of materials, etc.). MATHEWS 6/5/2008 ] ~ CO~?YktIB9, ,,,I,~' TASK ORDER NO, UD8,14-09 DESIGN, PERMITTING, BIDDING & SERVICES DURING CONSTRUCTION- ROLLING GREEN STORMWATER & WATER MAIN IMPROVEMENT PROJECT Subtask 1.3 Technical Specifications Specifications are to be prepared by CONSULTANT for bidding purposes for the Rolling Green Stormwater & Water Main Improvement Project and the Front-End Contract Documents are to be prepared by the CITY. Specifications shall be submitted for CITY review at 100% stage. CONSUL T ANT shall meet with the CITY to discuss comments, and incorporate comments into final documents. These documents are to reflect the following: . Contract Documents will use the CITY's existing "Front-End" conditions modified by the CITY as appropriate for this project. Division 1 through 16 technical specifications will utilize the CITY's master specifications (January 2008) modified by CONSULTANT as appropriate for the project. Subtask 1.4 Construction Cost Opinion An opinion of probable construction cost will be updated for 2008 dollars for the 100% drawings and specifications. The cost estimate format will be consistent with the bid proposal tabulation sheet for the project. The cost opinion will be provided to the CITY for review. Subtask 1.5 Quality Assurance CONSUL T ANT shall provide internal QA/QC reviews on the updated 100% Design Documents (e.g. drawings, specifications, and cost estimates). Task 2. Permitting Permit applications shall be completed for the Palm Beach County (work within PBC road rights-of- way) - Drawing C-3. Associated permit application fees shall be determined by CONSULTANT and paid by CITY. Services do not include preparing permit application for SFWMD construction dewatering permit (Contractor will be required to secure this permit if needed for construction). In addition to preparing the permit application for Palm Beach County, CONSULTANT shall assist CITY in consultations with the appropriate authorities. Consultation services shall include the following: . Attend up to one (1) pre-application meeting with the staff of each regulatory agencies. . Attend up to one (1) meeting with each of the regulatory agencies during review of the final permit applications. . Respond to request(s) for additional information from each regulatory agency. Subtask 2.1 Palm Beach County Permitting CONSUL T ANT shall prepare and submit Palm Beach County permit application for work within Palm Beach County right-of-ways (intersection ofNW 1 ih Avenue/Seacrest Blvd.). Task 3 . Bid Phase Services Bid phase services to be performed by the CONSULTANT will be consistent with the guidelines in the "Standard Procedures and Functions for Consultants, Procurement Services, and the Project Management Team, " provided by the CITY and will include the following: 6/5/2008 2 ~ ~tI{Jh!~,~".~~:. TASK ORDER NO U08,14-09 DESIGN, PERMITTING, BIDDING & SERVICES DURING CONSTRUCTION-- _.,,------ ROLLING GREEN STORMWATER & WATER MAIN IMPROVEMENT PROJECT Subtask 3.1 Bid Advertisement Prepare Contract Document packages (i.e. drawings and specification) for CITY advertisement and bidding purposes. Drawings to be fuH size (22" x 34") format. Subtask 3.2 Distribute Bid Documents Distribute copies of the Contract Documents to the prospective bidders. The cost for production of the contract documents will be borne by the bidders through purchase of the construction plan from CONSULTANT. Maintain records of the plan holders list and provide a copy of the list to the CITY on a weekly basis. Subtask 3.3 Pre-Bid Conference CONSULTANT shaH prepare agenda and conduct pre-bid conference with interested contractors and CITY staff. CONSULTANT shall prepare and distribute meeting minutes. Subtask 3.4 Bid Clarification Respond to questions from prospective bidders and suppliers. CONSUL T ANT shall issue addenda and shall provide supplemental information or clarification as appropriate, to interpret, clarify, or expand the bidding documents to aH prospective bidders during the bid period. Technical information for up to three addenda is assumed in the budget for Bid Phase Services. Subtask 3.5 Contract Award CONSULTANT shaH attend the bid opening, review bid package of low bidder received, prepare bid tabulation sheet and recommend award. CONSUL T ANT shall only review up to two (2) bidder qualification and proposal packages. Additional bidder reviews will be considered an Additional Services Item. Task 4 - Services During Construction (SDC) The specific SDC phase services to be provided by the CONSULTANT include the following: Subtask 4.1 Pre-Construction Conference Prepare agenda and conduct pre-construction conference with selected Contractor and CITY staff in accordance with CITY's "Standard Preconstruction Forms". Prepare and issue written minutes of meeting. Subtask 4.2 Submittal Review Receive, log, and review Shop Drawing and Product submittals for general conformance with the design intent and provisions of the Contract Documents. Review of up to 50 submittals (total, which includes submittals and re-submittals, if required) is included in the budget for SDC phase services. CONSUL T ANT will review and return submittals to CITY and Contractor within 14 days of receipt. 6/5/2008 3 ~ MATHEWS ___._.___..._......________.....__.___m._."'._ CONSULTING 1'\( , l.',v,1 and F.!\\'Lr<l1.mc'!1lul j',,,"," TASK ORDER NO, U08,14'()9 DESIGN, PERMITTING, BIDDING & SERVICES DURING CONSTRUCTION- ROLLING GREEN STORMWATER & WATER MAIN IMPROVEMENT PROJECT Subtask 4.3 General Administration Provide general project administration for the duration of the project. One (1) hour a week for a total of 80 weeks is assumed in budgeting this task. Subtask 4.4 Bi.Weekly Meetings Attend construction progress meetings with the CITY and Contractor every two weeks and provide an agenda and written summary of the issues discussed. Project meetings will be conducted by the Construction Manager with the Resident Project Representative also in attendance. Following the meeting, the Construction Manager will prepare and distribute meeting minutes (within 24 to 36 hours after meeting) to the CITY and other attendees. Meetings will be held at the Field Trailer located at the project site. Thirty-eight (38) progress meetings are included in the budget for this task. Subtask 4.5 Pay Estimate Review Review monthly payment applications (total of 20) submitted in a format acceptable to the CITY. CONSULTANT shall verify the quantities as represented on the pay request and make a recommendation to the CITY to proceed, with the payment as requested, or as modified based on CONSUL T ANT review. Monitor the construction schedule monthly and report to the CITY conditions which may cause delay in completion. A 20-month construction period is assumed in budgeting this task. Subtask 4.6 Construction Clarifications Respond in writing to Contractor's Request For Information (RFI) regarding the design documents. CONSUL T ANT shall issue interpretations and clarifications of the Contract Documents, along with associated support materials, as requested by the Contractor. These interpretations will be rendered and a response prepared and submitted to the Contractor within one week. Subtask 4.7 Construction Changes Prepare and negotiate Change Orders (CO) and Field Change Directives (FCD) during the 20-month construction period. For the purpose of this task order, it is assumed that up to 3 CO and 15 FCD will be prepared during the 20-month construction period. Subtask 4.8 Periodic Field Inspections CONSULTANT's Construction Manager will visit the project site an average of 8 hours a month for the actual field construction time frame of nineteen (19) months. Subtask 4.9 Certification of Construction Complete CONSUL T ANT shall certify to SFWMD, PBCHD, and PBC based on visible project features, CONSULTANT's inspections and review of testing reports that the project was constructed in accordance with the plans and specifications submitted in the permit applications. 6/5/2008 4 ~ ~t~l1I;~",~~~, TASK ORDER NO U08-14-09 DESIGN, PERMITTING, BIDDING & SERVICES DURING CONSTRUCTION- ---_._-~-------_._""- ROLLING GREEN STORMWATER & WATER MAIN IMPROVEMENT PROJECT - CeI1ification will include that water services were properly pressure tested and bacteriologically sampled to allow a "request for release of facilities to be placed into service" to be filed with the PBCHD. It is assumed that up to 12 partial releases and one final release will be prepared for PBCHD. Subtask 4.10 Substantial and Final Inspection In conjunction with CITY staff, make preliminary and final inspections (for each Phase) and assist in the preparation of a Contractor "punch list" to achieve Substantial Completion. Review completion of identified punch list items to assist in the determination that Substantial Completion has been achieved by the Contractor. Advise the CITY that Final Acceptance of each Phase of the project has been reached in accordance with the Contract Documents. Task 5 . Resident Project Representative Services The Resident Project Representative Phase services to be provided by the CONSULTANT include the following: Subtask 5.1 Inspections Provide a full-time (40 hours/week) Resident Project Representative (RPR) during the construction of the work in a total period of not-to-exceed 418 working days (for a total of 3,344 hours) for the construction contract. Activities performed under this task consist of furnishing an RPR during the construction of the project, to observe the quality of the construction work, and to determine, in general, if the construction is proceeding in accordance with the contract documents so that an engineering certification can be made regarding the construction of the proposed improvements. The RPR shall: . Serve as CONSULTANT's liaison with construction contractor, working principally through the contractor's superintendent and assisting him in understanding the intent of the contract documents. . Conduct on-site observations of the work in progress to assist in determining if the work is proceeding in accordance with the contract documents and that completed work conforms to the contract documents. Report, in writing to the CITY, whenever CONSULTANT believes that work is unsatisfactory, faulty or defective, or does not conform to the contract documents, or does not meet the requirements of inspections, tests or approval required to be made, or has been damaged prior to final payment. . Accompany visiting inspectors representing public or regulatory agencies having jurisdiction over the project. Record, in writing, the outcome of these inspections and rep0l1 same to CITY. . Consider and evaluate construction contractor's suggestions for modifications in drawings or specifications and report them to the CITY, in writing. CONSULTANT shall make recommendation for action by the CITY. . Review Contractor As-Built information on a monthly basis to confirm proper updates are being made. . Observe all flushing and pressure testing of the piping. 6/5/2008 5 MATHEWS ~UONsD[ftNG1"( C r_:;~il.ndr.\\""t1n\"nlaIFn~' TASK ORDER NO, U08,'4-09 DESIGN, PERMITTING, BIDDING & SERVICES DURING CONSTRUCTION- ROlliNG GREEN STORMWATER & WATER MAIN IMPROVEMENT PROJECT . Assist the Contractor in coordinating all required density testing, etc. as required by the Construction Documents. . CONSULTANT shall provide to the CITY the RPR's daily inspection report (handwritten) and digital photos (paper copy & electronic copy). The reports and digital photos will be provided on a weekly basis. . RPR shall work with the Contractor and develop a Daily Quantity Sheet (based on the approved Schedule of Values) to be reviewed and accepted each day agreeing to the quantities of Schedule of Value items installed. LIMITATIONS OF AUTHORITY Except upon written instructions of CONSUL T ANT, Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment. 2. Shall not exceed limitations on CONSULTANT's authority as set forth in the Contract Documents. 3. Shall not undertake any of the responsibilities of Contractor, Subcontractors or Construction Manager, or expedite the Work. 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents. 5. Shall not authorize Owner to occupy the Project in whole or in part. 6. Shall not participate in specialized field or laboratory tests. C. Assumptions In addition to the work items discussed above, the following assumptions were made in establishing the scope of this Task Order and associated fee. Changes and/ or modifications in the above work items or these assumptions are considered an Additional Services Item under the terms of the contract. Assumptions include: 1. CITY shall provide CONSULTANT an electronic version of "front end" contract documents in MICROSOFT "WORD" version format. 2. Surveying and legal work necessary to prepare document for and to secure easements (temporary for construction and/or permanent) required for the installation of the piping and improvements is the responsibility of the CITY. 3. Deviations from the Final Design Drawings will be compiled by the Contractor and electronically incorporated onto the drawing files. Two sets of signed and sealed RECORD drawings by Florida Registered Surveyor will then be submitted by the Contractor to the CITY. Two sets of RECORD drawings will be provided to CONSULTANT for each submittal to PBCHD, SFWMD and PBe. 4. The construction man-hours are based on the following: . Construction duration (NTP issued to Contractor) = 600 calendar days (440 working days) . SDC Services (NTP to Final Payment) = 630 calendar days (462 working days) 6/5/2008 6 ~ MATH,~~W_~__ COl~{~Y!I~,S-L~~~. TASK ORDER NO. UOe,14-09 DESIGN, PERMITTING, BIDDING & SERVICES DURING CONSTRUCTION- -~~--,~------------------ ROLLING GREEN STORMWATER & WATER MAIN IMPROVEMENT PROJECT . RPR Services (would start 30 days after NTP issued) = 570 calendar days (418 working days) which equates to 3,344 inspection hours (Monday through Friday) at 8 hours per day Weekend work and/or night-time work is not included in this scope and budget. If SDC or RPR is extended beyond above, then an Amendment to this Task Order will be executed for the additional work. 5. The CITY is responsible for all costs of public notification in local newspapers, 6. A single bidding effort is assumed. Re-bidding of the project is considered an Additional Services Item. 7. The design is based on federal, state and local codes and standards in effect at the beginning ot the original project. Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services Item, 8. Contractor will be required to secure any dewatering permits. 9. The project will consist of two (2) construction phases (Phase I and 2). 10. The CITY is responsible for all permit fees, including PBCHD fees for reviewing partial & final water certifications. D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated November 18, 2003 between the City of Boynton Beach and Mathews Consulting, Inc. E. Additional Services The following are examples of some specific Additional Services Items that may be required, but are not included within this Amendment. Generally, a condition contrary to the work description in Section B or assumptions of Section C (upon which the construction management fee is based) is considered an Additional Services Item. Examples include: 1. Additional supervision or construction observation in excess ofthat specified in this Task Order, 2. Assisting the CITY in the settlement of construction contract claims will be an additional service These and other services can be provided, if desired by the CITY, under separate Task Order(s) or by an amendment to this Task Order. Services performed will be on an as- directed basis in accordance with a written Notice to Proceed from the CITY. F. Obligations of the CITY 1. The CITY shall review all drawings and other documents presented by CONSULTANT: obtain advice of an attorney, insurance counselor, and others as CITY deems appropriate for such review and render decisions pertaining thereto within reasonable time so as not to delay the services of CONSULTANT. 6/5/2008 7 ~ MATHEWS CO\'l,?~hT.!~9.",I,~( TASK ORDER NO, UOB,14-09 DESIGN, PERMITTING, BIDDING & SERVICES DURING CONSTRUCTION_ ROLLING GREEN STORMWATER & WATER MAIN IMPROVEMENT PROJECT G. Compensation Compensation by the CITY to the CONSULTANT for all tasks will be on a Not-to-Exceed (time utilized) basis in accordance with the above mentioned Agreement. The estimated compensation for the services described in this Task Order is $343.965.00 as shown in Table I below and detailed in Attachment 1. TABLE 1: LABOR AND EXPENSE SUMMARY Labor Labor Expenses Total Cost Hours Cost Task 1 - Design 66 $ 7,195 $ 50 $ 7,245 Task 2 - Permitting 14 $ 1,314 $ 200 $ 1 ,514 Task 3 - Bidding 74 $ 7,029 $ 2,500 $ 9,529 Task 4 - Services During Construction 697 $ 67,815 $ 1,900 $ 69,715 Task 5 - Resident Project 3,344 $ 250,962 $ 5,000 $ 255,962 Representative (RPR) Totals 4,465 $334,315 $ 9,650 $ 343,965 H. Schedule The completion dates for this work will be as follows (starting at time that Contractor is issued award of the Construction Contract). En~ineerin~ Services Time per Phase Task 1 - Design 15 working days Task 2 - Permitting 44 working days Task 3 - Bidding 66 working days Task 4 - Services During Construction 462 working days Task 5 - RPR 418 working days 6/5/2008 8 ~ ~~IYh!~,g".~~~, TASK ORDER NO UOB-14,09 DESIGN, PERMITTING, BIDDING & SERVICES DURING CONSTRUCTION ,- ROLLING GREEN STORMWATER & WATER MAIN IMPROVEMENT PROJECT APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner City Manager Dated this day of .2008. SUBMITTED BY: By: Rene L. President Dated this 4" day of ~ ,2008. 6/5/2008 9 ~ ~~~!J~!~~o:,~( City of Boymon Beach Task Order No. U08-14-09 Rolling Green Storll/water & Water Main Improvement Project- Perll/il/ing, Bidding and Services Durillg Constructioll Proiect Summary Fees labor Classification and Hourl'Rates Senior Principal Senior Field Resident Senior Cadd Admin, Sub- Engineer Engineer Repres. Inspector Eng, Tech Designer Support Tolal Consultant Reimbursable Task No, Task Description $135 $125 $100 $75 $90 $82 $54 labor Services Expenses --L- ~n 1.1 Develop Phasing Plan 7 3 2 $1,299 1.2 Design Drawings (100%) 2 4 8 $1,426 1.3 Technical Specifications (100%) 10 8 $1,782 $50 1.4 Construction Cost Opinion (100%) 12 2 $1,608 1.5 Qualitv Assuranca 8 $1,080 Subtotal 27 16 0 0 0 11 12 $7,195 $50 2 Pennlttlria- - ~ Palm Beach County Permittino 2 4 4 4 $1,314 $200 Subtotal 2 4 0 0 0 4 4 $1,314 $200 3 Bidding 3.1 Bid Advertisement 4 2 $648 3.2 Distribute Bid Documents 4 20 $1.620 $2,500 - 3.3 Pre,Bid Conference 6 2 $918 3.4 Bid Clarification 4 8 7 4 $2,330 3.5 Contract Award 3 8 2 $1,513 Subtotal 21 16 0 0 0 7 30 $7 029 $2,500 4 Services Durini'Construction 4.1 Pre-Construction Conference 9 4 1 $1,254 $50 4.2 Submittal Review 8 45 50 $9.405 $500 4.3 General Administration, 1 hrslwk (total of 80 weeks) 80 $8,000 $150 4.4 Bi,Monthlv Meetinas everv 2 weeks 76 38 $9,652 $150 4.5 Pa'; Estimate Review 20 $2,000 $150 4.6 Construction Clarifications 15 40 $5,875 $150 4.7 Construction Chanoes 15 40 10 $6,415 $150 4.8 Periodic Field Inspections 160 $16,000 4.9 Certificate of Construction Completion 10 40 8 $6,782 $600 4.10 SubstantiaVFinallnspections - Prepare "punch list" 20 8 $2,432 Subtotal 18 115 445 4 0 0 115 $67,815 $1,900 5 Resident Project Representative Services 5.1 Inspedions 3344 3 $250,962 $5,000 Subtotal 0 0 0 3,344 0 0 3 $250,962 $5,000 labor Subtotal Hours 68 151 445 3,348 0 22 164 labor Subtotal Costs $9,180 $18,875 $44,500 $251,100 $0 $1,804 $8,856 $334,315 $0 $9,650 Labor Tota' Costs $334,315 Subconsultant Costs Total $0 Subconsultant Muttiplier 1,1 Subconsullant Total $0 Reimbursable Expenses $9,650 Project Total $343,965 Attachment 2 Mathews Consulting, Inc, (') llJ -c "T1 z ~o c: CD 0 (') -l "T1 o :5" -l CD j c. 3 CD 0 CD :5' CD III -c Ul Ul ::5' Ul j (') !!!. < - c::: - - - rEO !e. :::r ~o -. ... 3 c co - ::l N' o CD c :5' ::l ... o' III ~ III C CD "C !!!. j - -. ::l co :E (') !!!. ... -CCO CD CD 0 C. a; g - 0 :::rj .... E:j )> 0' I/) 0 - N 0 ,.. j "tl ~ III t.J ::E c. Ul CD 0 Ul 0 0 III III :::r (') (') 0 :5' 0 3 a. '< 0 0 :::;; CD co eo -c ~ "tl Ul 0" Ul - 0 .... -c ... ::l <D s: 0 !a rEO g; 0 .... 0 CD 0' j Cii' :::r CD "tl j ~ Ul C. =- j j 0 C;; - III Ul ... '< j 0" III Ul co j C;; ::E ::E - CD C;; ::E :i' CD CD co ,.. ::E CD Ul ~ CD ,.. CD ~ ,.. ~ c:... E. )> c: co (/l CD N "tl 0 0 oeo (') - z 0 < 0 CD (') t- III j ." CD 0" s: III ... )> "C ... s: III '< c:... c j t.J 0 0 c:...Ul E. )> c co (/l CD "C 0 (') .... z 0 < 0 CD (') c:... III ::l "T1 CD 0" 13 s: ~ n s;: )> "C ~ .., N ~ 0 ... en -l S:O S ::r: ll.l '< tn c:... c Z :E ::l a en L Z C - n )> C c.o 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 Meetinl! Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office c=J A.priIIS,2008 March 31, 2008 (Noon) c=J June 17, 2008 June 2, 2008 (Noon) c=J May 6, 2008 A.priI14,2008 (Noon) [gI July 1, 2008 June 16,2008 (Noon) C"') c=J May 20. 2008 c=J July 15, 2008 <::) n=t May 5, 2008 (Noon) June 30, 2008 (Noon) CO :::j-< c... -<0 c=J June 3, 2008 c=J A.ugust 5, 2008 c:: n"" May 19,2008 (Noon) July 14,2008 (Noon) Z 'CD I rr'lO .- ;.:0-< ::;lI::::z: :Po "000oi c=J AnnouncementslPresentations c=J City Manager's Report :x CJ)o O::z: NATURE OF c=J Administrative c=J New Business C5 ~Q .. AGENDA ITEM en -f'T! [gI Consent Agenda c=J Legal (':))> en 1""1(") c=J Code Compliance & Legal Settlements c=J Unfinished Business ::c c=J Public Hearing c=J RECOMMENDATION: Approval of the interlocal agreement for law enforcement services between Palm Beach County and the City of Boynton Beach/Boynton Beach Police Department for the administering of the manatee protection conservation program. EXPLANATION: The Board of County Commissioners has established and is administering a program of conservation and is entering into agreements with other governmental agencies within the boundaries of the County for performance of authorized functions. The Florida Governor and Cabinet have designated Palm Beach County as one of thirteen "key" manatee counties and the Board of County Commissioners has approved a Manatee Protection Plan that provides for increased law enforcement presence in the County's waterways, as one means of greater manatee protection. The Florida Fish and Wildlife Conservation Commission has demonstrated that an increase in law enforcement presence is the most effective means to gain compliance with boater speed zones. Therefore, the County wishes to increase the hours of patrol and enforcement in estuarine waters of Palm Beach County. This will improve compliance with boater and manatee protection speed zones, and reduce the risks to manatees and members of the public. PROGRAM IMP ACT: The Boynton Beach Police Department Marine Unit will provide two (2) law enforcement officers to patrol the waters of the Enforcement Area and to enforce all applicable laws. The law enforcement officers will provide services on Saturdays and/or Sundays for 8 hours per day between the hours of6 A.M. and 6 P.M for the period of 11/15/2008 to 04/30/2011. The services provided per this agreement will be in addition to the regular patrol functions of the Marine Unit and will not decrease the current coverage/enforcement functions of the Unit. This agreement will provide the City of Boynton Beach with reimbursement for law enforcement services at a rate of$82.50 per hour for on-water enforcement activity, which includes the cost oflaw enforcement overtime and all other expenses incurred by the City of Boynton Beach in fulfillment of this agreement. There is also a provision built in increasing the reimbursement rate annually on October 1 st of each year. FISCAL IMPACT: The funds will be drawn from the following accounts: Overtime (001211052114-10), Gas/Oil/Lube (001211052152-10), and Equipment Maintenance (001-2110-521-46-20). Other Contractual Services will be used for any maintenance/repair on an as need basis.. ALTERNATIVES: Not to approve the resolution. S:\BULLETlN\FORMS\AGENDA.lTEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~ City Manager's Signature Assistant to City Manager (;nvt.,/ - POw. CE. l>1Cf"A-RTJi.-1 EN;- -~- --- Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC I I ! I 1 RESOLUTION R08- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING 5 THE CITY MANAGER AND CITY CLERK TO EXECUTE 61 AN INTERLOCAL AGREEMENT FOR LAW 71 ENFORCEMENT SERVICES BETWEEN PALM BEACH 8 COUNTY AND THE CITY OF BOYNTON BEACH FOR 9 THE ADMINISTERING OF THE MANATEE 10 PROTECTION CONSERVATION PROGRAM; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the Board of County Commissioners has approved a Manatee Protection 15 Plan that provides for increased law enforcement presence in the County's waterways, as one 16 means of greater manatee protection; and 17 WHEREAS, the Interlocal Agreement for the use of two law enforcement officers from 18 the Boynton Beach Police Marine Unit allows for the reimbursement for law enforcement 19 services at a rate of $82.50 per hour for on-water enforcement activity; and 20 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 21 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton 22 Beach to authorize execution of the Interlocal Agreement with Palm Beach County for the 23 administering of the Manatee Protection Conservation Program. 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 confirmed 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 hereby authorizes S:\CA\RESO\Agreements\lnterlocals\ILA with PSC for manatee protection(2008 to 2011 ),doc 1 the City Manager and City Clerk to execute an Interlocal Agreement between the City 2 Boynton Beach and Palm Beach County for the administering of the Manatee Protection 3 Conservation Program, a copy of said Agreement is attached hereto and made a part here as 4 Exhibit "A". 5 Section 3. That this Resolution shall become effective immediately upon passage. 6 PASSED AND ADOPTED this ______ day of July, 2008. 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 12 Mayor - Jerry Taylor 13 14 15 16 Vice Mayor - Jose Rodriguez 17 18 19 20 Commissioner - Ronald Weiland 21 22 23 24 Commissioner - Woodrow L. Hay 25 26 27 28 Commissioner - Marlene Ross 29 ATTEST: 30 31 32 Janet M. Prainito, CMC 33 City Clerk 34 35 36 37 (Corporate Seal) S\CA\RESOlAgreementsllnterlocalsIlLA with PSC for manatee protection(2008 to 2011 )doc INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN PALM BEACH COUNTY AND CITY OF BOYNTON BEACH/BOYNTON BEACH POLICE DEPARTMENT THIS AGREEMENT is made this day of , 2008, between City of Boca Raton Police Department of Palm Beach County, Florida, hereinafter referred to as "Contractor", and Palm Beach County, a political subdivision of the State of Florida, (hereinafter "County"), hereinafter referred to collectively as the "parties." WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will hannonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority that such agencies share in common and that each might exercise separately; and WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County Commissioners of Palm Beach County is empowered to establish and administer programs of conservation and to enter into agreements with other governmental agencies within or outside the boundaries of the County for joint performance, or performance of one unit on behalf of the other, of any of either governmental entity's authorized functions; and WHEREAS, in October of 1989, the Florida Governor and Cabinet directed thirteen (13) "key" manatee counties, including Palm Beach County, to prepare a Manatee Protection Plan ("MPP"); and WHEREAS, on August 21, 2007, the Board of County Commissioners approved a MPP that provides for increased law enforcement presence in the County's waterways, as one means to provide greater manatee protection; and WHEREAS, studies performed by the Florida Fish and Wildlife Conservation Commission has demonstrated that the increased law enforcement presence is the most effective means to gain compliance with boater speed zones; and WHEREAS, the County wishes to increase the hours of patrol and enforcement in estuarine waters of Palm Beach County which will improve compliance with boater and manatee protection speed zones, and reduce the risks to manatees and members of the public; and WHEREAS, the parties wish to enter into an agreement for the provision of an increased level of marine law enforcement services during manatee season, as provided herein. NOW THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the Contractor and the County agree as follows: 1) Recitals The recitals set forth above are true and correct and form a part of this Agreement. 2) Purpose. The purpose of this Interlocal Agreement (the "Agreement") is to provide for additional marine law enforcement services within estuarine waters of the County during manatee season, which begins November 15th and ends the following March 31 st. The law enforcement services provided herein are intended to be in addition to the level of law enforcement services already provided by the Contractor and are not a replacement for said services. 3) Location of Law Enforcement Services The "Contractor" shall provide marine law enforcement services, hereinafter referred to as "services", within the geographical area over which it has jurisdiction to enforce the law, such shall be hereafter referred to as the "Enforcement Area" and is included within the estuarine waters of Palm Beach County which are more specifically described in Exhibit "A". 4) Responsibility of Contractor A. The Contractor shall enforce State statutes, administrative rules, local and County ordinances related to vessel control, marine resource protection, and manatee protection; assist in the investigation, apprehension, and prosecution of violators of existing boat and manatee protection speed zones; assist in the monitoring of waterway markings and regulatory signs in the Enforcement Area; and, assist in educating boaters about manatee and boater safety issues. B. During the term of this Agreement, the Contractor shall provide law enforcement officer(s) to patrol the waters of the Enforcement Area and to enforce all applicable laws. The law enforcement officer(s) shall provide services on Saturday and Sunday for 8 hours per day between the hours of 6 A.M. and 6 P.M. During the term of this Agreement, the Contractor shall provide law enforcement services on any day or times aside from a Saturday or Sunday, at the request of the County. Requests for the provision of law enforcement services on a day or days in addition to the regularly scheduled days or times shall be made at least five business days prior to the date when such services are needed. C. The Contractor shall furnish and supply all labor, supervision, equipment (including but not limited to a vessel), insurance, and supplies necessary to perform under this Agreement. D. The Contractor shall provide the following information to the County on a monthly basis: Standard Marine Enforcement Monthly Report Form (form to be provided by the County); documentation of warnings and citations issued to violators by the Contractor; and monthly payroll documentation for hours worked by any officer who performs services under the terms of this Agreement. E. In the event that during the term of this Agreement an officer issues a citation, which is challenged in the Palm Beach County Circuit Court, the Contractor shall immediately inform the County. The County will then determine whether the Contractor will be reimbursed under the terms of this Agreement for the time expended to attend such court proceeding. F. The Contractor shall submit invoices for payment to the County on a monthly basis. Invoices shall include a reference to this Agreement, identify the amount due and payable to the Contractor, and include records sufficient to substantiate the costs incurred. Invoices shall be in sufficient detail for pre-audit and post-audit review. 5) Responsibility of the County The County will reimburse the Contractor for law enforcement services as provided for herein at the rate of $82.50 per hour for on-water enforcement activity, which includes the cost of salaries, fringe benefits, and all other services and expenses incurred by the Contractor in the fulfillment of this Agreement. The hourly rate for law enforcement services rendered pursuant to this Agreement will be annually increased on October 1st of each year in accordance with the Revised Consumer Price Index for Urban Wage Earners and Clerical Workers, but in no event more than 3% annually. The County will reimburse the Contractor on a monthly basis at the rate provided herein, provided that a proper invoice detailing such services is received and approved by the County. In no event shall the total amount paid to the Contractor by the County exceed a total amount set annually by the County by October 1 st of each year. 6) Effective Date and Term of the Agreement This Agreement shall take effect November 15th, 2008 and shall terminate on April 30th, 2011.1 unless such time has been extended by the County. 7) Authorized Representative A. The County's authorized representative is Richard E. Walesky, Director, Department of Environmental Resources Management, (561) 233-2400, West Palm Beach, Florida, or his designee. B. The Contractor's authorized representative is Sgt. Suzanne Gitto, (561) 742-6141, or hislher successor. 8) Independent Contractor A. The parties shall be considered independent contractors, and no party shall be considered an employee or agent of any other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. No person employed by any party to this Agreement shall, in connection with the performance of this Agreement or any services or functions contemplated hereunder, at any time, be considered the employee of the other party, nor shall an employee claim any right in or entitlement to any pension, worker's compensation benefit, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law or otherwise, except through and against the entity by whom they are employed. B. All employees and agents of the Contractor who perform any act or service under the terms of this Agreement shall at all times be considered employees of the Contractor and not of the County. The Contractor will be responsible for supervising, disciplining, and setting policies pertaining to terms and conditions of employment for those employees performing Services as provided herein. 9) Payment For reimbursement to occur, the Contractor shall submit invoices to the County that shall include a reference to this Agreement, identify the amount due and payable to the Contractor, and include records sufficient to substantiate the costs incurred. Invoices shall be itemized in sufficient detail for prepayment audit thereof. The Contractor shall provide additional documentation to support any invoice if requested by the County. Invoices received from the Contractor shall be reviewed by the Department of Environmental Resources Management and upon approval shall be sent to the County's Finance Department for final approval and payment. Invoices will normally be paid within forty-five (45) days of receipt. In the case of a dispute involving the amounts due to the Contractor, payment may be delayed. 10) Compliance with Codes and Laws Each party agrees to abide by all applicable laws, orders, rules, and regulations in the performance of this Agreement. 11) Access to Records and Audits The parties shall maintain, in accordance with generally accepted governmental auditing standards, all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement including supporting documentation. The parties shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only upon reasonable notice, time and place. In the event that the parties should become involved in a legal dispute with a third party arising from performance under this Agreement, the parties shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the parties. 12) Funding This Agreement is expressly contingent upon annual appropriations by the Palm Beach County Board of County Commissioners. 13) Notice Any notice required or permitted to be given under this Agreement shall be in writing and shall be hand delivered, faxed, or mailed (by certified mail, return receipt requested) to the respective addresses/recipients specified below: As to the Contractor: City of Boynton Beach Attn: City Manager 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Copy to: Boynton Beach police Department Attn: Sgt. Suzanne Gitto 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Fax: (561) 742-6847 As to County: Palm Beach County Department of Environmental Resources Management 2300 N. Jog Road - 4th Floor West Palm Beach, FL 33411-2743 Fax: (561) 233-2414 Copy to: Palm Beach County Attn: County Attorney for ERM 301 North Olive Avenue, Suite 601 West Palm Beach, FL 33401 All notices required by this Agreement shall be considered delivered upon receipt. Should any party change its address, written notice of such new address shall promptly be sent to the other party. 14) Default, Termination, Opportunity to Cure A. The parties expressly covenant and agree that in the event either party is in default of its obligations under this Agreement, the party not in default shall provide to the defaulting party thirty (30) days written notice as an opportunity to cure the deficiency before exercising any of its rights. B. Either party may terminate this Agreement without cause by giving sixty (60) days prior written notice. 15) Waiver or Breach It is hereby agreed to by the parties that no waiver or breach of any of the covenants or provisions of this Agreement shall be construed to be a waiver of any succeeding breach of the same or any other covenant. 16) Indemnification Each party shall be liable for its own actions and negligence, and to the extend permitted by law, the County shall indemnify, defend, and hold harmless the Contractor against any actions, claims, or damages arising out of the County's negligence in connection with this Agreement, and the Contractor shall indemnify, defend, and hold harmless the County against any actions, claims, or damages arising out of the Contractor's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement by either party to be responsible for such other party's negligent, willful or intentional acts or omissions. 17) Insurance A. Each party warrants and represents that it is self-insured for General Liability, Watercraft Liability, and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event a Party maintains third- party Commercial General Liability, Watercraft Liability, and Business Auto Liability in lieu of exclusive reliance on self-insurance under Section 768.28, Florida Statutes, that party shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. The parties agree to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute 440. B. The parties further agree that nothing contained herein shall be construed or interpreted as: (1) denying to any party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. C. When requested, each party shall provide any other party with an affidavit or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status, which all parties agree to recognize as acceptable for the above mentioned coverages. Compliance with the foregoing requirements shall not relieve any party of its liability and obligations under this Agreement. 18) Applicable Law Any litigation arising from or relating to this Agreement will be governed by the laws of the State of Florida and the venue in any such proceeding will be exclusively in Palm Beach County, Florida. 19) Severability In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held to be invalid by a court of competent jurisdiction, such will not affect the remaining portions of this Agreement and the same will remain in full force and effect. 20) Enforcement Costs Any costs or expenses, including reasonable attorney's fees, associated with the enforcement of the terms or conditions of this Agreement will be borne by the respective parties. This provision pertains only to the parties to the Agreement. 21) Counterparts This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original, all of which together will constitute one (1) and the same instrument. 22) Captions The captions and section designations set forth herein are for convenience only and have no substantive meaning. 23) Exhibits The Exhibits referred to and attached to this Agreement are incorporated herein in full by this reference. 24) Assignment This Agreement is not assignable by either party. 25) Equal Opportunity The County and the Contractor agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, age, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of the Agreement. 26) Construction This Agreement shall not, solely as a matter of judicial construction, be constructed more severely against one of the parties than the other. 27) Modification and Amendment Except as expressly permitted herein to the contrary, no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formalities used to execute this Agreement. 28) Entirety of Agreement This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. 29) Delegation of Authority to Execute this Agreement. The Board of County Commissioners of Palm Beach County, Florida delegated the authority to execute this Agreement to the County Administrator or his designee on December 18th, 2007 in Resolution R2007-2277. The remainder of this page is intentionally left blank. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Signed in the presence of witnesses: PALM BEACH COUNTY, FLORIDA: Richard E. Walesky, Director APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY OF BOYNTON BEACH By: County Attorney Kurt Bressner, City Manager WITNESS: Date: Attest: Signature By: Clerk Print Name Map QuIck R.efenmce Guide 4 - - IIINIes Palm Beach County Waterway Speed Zones MapE -- N W*E S Nool: "'- opo.t_,...., __ by FW<.' and "'_101 F^C 6lI[).;MJlI7 (_ SoI\oy .7..oon. and PAC 6IC..J,Z.(I09i (MJI:Itldee Z..onrosl fQr more. infOrmation wnlac:tfWC em ,..8OQ..9~~g7'TI < VI.-CONSENT AGENDA ITEM D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Form Must ~ Commission Turned in to Commission Turned in to ::=:t MeetinQ Dates City Clerk's Office Meetina Dates City Clerk'~ffic~-<, -<:0 o April 15, 2008 March 31, 2008 (Noon) o June 17,2008 June 2, 2008 (N~) ?-: _ ,,",0 o May 6, 2008 [8] July 1, 2008 ::0-<: Apri/14,2008 (Noon) June 16, 2008 (N~) ~~ ~ r.n c::> o May 20, 2008 o July 15, 2008 ~ C)~ May 5,2008 (Noon) June 30, 2008 (No ""GlI "::' ~,." o June 3, 2008 May 19,2008 (Noon) o August 5, 2008 July 14, 2008 (NOOn~ ~.. ~ 0 Annou ncements/ Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [8] Consent Agenda 0 Legal 0 Code Compliance & Legal 0 Settlements Unfinished Business 0 Public Hearing 0 RECOMMENDATION: That the Commission consider for approval the recommendations of the Community Development Block Grant review committee for funding activities in preparation of the City of Boynton Beach's One Year Action Plan for FY 200812009. The anticipated 200812009 Community Development Block Grant allocation is $525,713. $147,550 will also be reprogrammed from previous years funding for a total of $673,263,00 EXPLANATION: The City Of Boynton Beach is in its twelfth year of receiving Federal Grant Funds. The Acton Plan is being developed with activities listed that show how the use of these funds will address the needs of the Community. Proposals were received as a result of public advertisement, with a workshop held for the purpose of explaining the program and eligibility requirements. The following represents the committee that reviewed the applications: Beverly Agee - Attorney Angela Girtman - Palm Beach County School District Teacher! Director Treasure Chest Pre-School Mack McCray Former City Of Boynton Beach Commissioner PROGRAM IMPACT: The Community Development Block Grant (CDBG) Program's purpose is to help the City of Boynton Beach meet the needs of its lower income residents by offering a wide range of Community Development Activities. These include, but are not limited to, infrastructure improvements, family development, public services, housing and recreational needs, as well as fund administration by the City. Six proposals were received and evaluated by the committee and the results are as follows: Aid to Victims of Domestic Abuse, Inc. -To provide funding for one-half of the salary and benefits of an intervention Specialist to work with children affected by domestic abuse to help them overcome their fears and learn how to live in safety. The Intervention Specialist will conduct presentations in schools designed to prevent domestic violence with a program that produces positive, measurable results, and will provide individual and group counseling to children as needed. Funding Request $12,000 Committee Recommendation $12,000 (*Public Service) S:\Community Improvement\Agenda Requests\2008\CC 07-01 CDBG Recommendations.doc ::>ty Of Boynton Beach Page 2 ot :3 Agenda Memoranda July 1, 2008 Boynton Beach Faith Based Community Development Corp. - Agency requests funding to provide for salaries for the Assistant Director, Homebuyer Counselor and the youth Counselor. The agency proposes to continue to provide ongoing support to the community and the City of Boynton Beach by facilitating the intake process for the affordable housing program, as well as other ongoing community development initiatives. Funding Request $97,607 Committee Recommendation $80,000 Community Caring Center - Agency requests funding to provide for staffing costs and other administrative costs related to the program, i.e. utilities, mortgage assistance, insurance and accounting services. Agency provides mortgage and rent payments, medication assistance, food and food vouchers, and direct emergency social services to seniors, to name just a few, *Funding Request $60,000 Committee Recommendation $55,000 (*Public Service) Community Caring Center dba "Ocean Avenue Green Market" - The Community Caring Center is facilitating a not-for-profit cooperative/incubator / grocery store. The program includes creating awareness & educating the public by involving the faith community and creating a business incubator focusing on entrepreneurs whose businesses are related to the food industry, *Funding Request $25,000 Committee Recommendation $25,000 (Economic Development) Palm Beach County Resource Center (Economic Development) - Agency proposes to continue to support Economic Development within the City of Boynton Beach by providing technical support to upstart and existing businesses by preparing business loan plans, packaging loans, assisting with grant preparations, marketing assistance, and other related services. Funding Request $35,000 Committee Recommendation $35,000 R. M. lee Community Development Corp. - Agency proposes to carry out neighborhood revitalization and community economic development projects in the Heart of Boynton, partner with other Community Based Development Organizations, establish aftercare and tutorial programs, youth job skills development and partner with business incubators. Funds requested for hiring of Executive Director/Project Manager, Project Consultant, and Administrative/Program Assistant. Funding Request $66,000 Committee Recommendation $66,000 Summary: Sub-grantee funding,. ....... ............................,...,.................."..."..,...........,..,."."...,..,.,.............,"",.,""',.."....,' $273,000 Planning & Grant Administration ........................................................................,.....................................,.....,105.142 Rehabilitation Delivery ...... ............... ..............,...........,.....,...,........,...............",..............,.....,....,..,',.......,....,.,..... 1 00.000 Housing Rehabilitation ........................................................... ....,... ......., ......,.......' ......,...... ........"...........".....,"" i 83.265 *Summer Camp Scholarships (*Public Service) ........,......,..,.............,........,..............................,..........,............ 11 .856 TOTAL................. ........................................ .............................................................................................. $673,263.00 S:\Community Improvement\Agenda Requests\2008\CC 07-01 CDBG Recommendations,doc City Of Boynton Beach Page 3 of 3 Agenda Memoranda July 1, 2008 FISCAL IMPACT: The City Of Boynton Beach expects to receive $525,713 for this program to continue its Community Development efforts ALTERNATIVES: The City Of Boynton Beach would have to use ad valorem dollars. or discontinue its revitalization efforts. IJk Departme City Manager's Signature Assistant to City Manager ~ Department of Development City Attorney I R:;;!Y Community Improvement Division Department Name S:\Community Improvement\Agenda Requests\2008\CC 07-01 CDBG Recommendations.doc Aid To Victims of Domestic Abuse, Inc. CATEGORIES/MAX POINTS Beverly Angela Mack Agee Girtman McCray 1. Benefit to Low/Moderate Income Persons 0 4 5 (National Objective Preference) I Maximum Points: + 5 2. Benefit to Target Area 0 6 3 Maximum Points: + 10 30. Activity - Need 8 10 14 Maximum Points: + 15 3b. Activity/Justification 5 5 4 Maximum Points: + 5 4. Cost Reasonableness and Effectiveness 10 7 10 Maximum Points: + 10 5. Activity Management and Implementation 15 20 1 7 Maximum Points: + 20 60. Experience 10 10 10 Maximum Points: + 10 6b. Past Performance 8 7 10 Maximum Points: + 10 7. Matching Contributions 20 20 20 Maximum Points: + 20 8. Self Sufficiency 0 0 -5 Maximum Points: -5 9. Application Completeness 5 5 5 Maximum Points: + 5 TOTAL POINTS AWARDED 81 94 93 A verage Score = 89 s. \Comm0nilylmpr-OVe't'heT'l~\ (::(}!B(;\!FOTms\2008\ vR(:: MQlS~erS'Core2008 AgeJ'1t'dO ,doc:: Boynton Beach Faith-Based Community Development Corporation CATEGORIES/MAX POINTS Beverly Angela Mack Agee Girtman McCray 1. Benefit to Low/Moderate Income Persons 5 5 5 (National Objective Preference) Maximum Points: + 5 2. Benefit to Target Area 10 8 10 Maximum Points: + 10 30. Activity - Need 15 15 15 Maximum Points: + 15 3b. Activity/Justification 5 5 5 Maximum Points: + 5 4. Cost Reasonableness and Effectiveness 9 7 9 Maximum Points: + 10 5. Activity Management and Implementation 16 15 19 Maximum Points: + 20 60. Experience 8 9 10 Maximum Points: + 10 6b. Past Performance 8 3 9 Maximum Points: + 10 7. Matching Contributions 20 20 19 Maximum Points: + 20 8. Self Sufficiency 0 -3 -5 Maximum Points: -5 9. Application Completeness 5 5 5 Maximum Points: + 5 TOTAL POINTS AWARDED 101 89 101 A verage Score = 97 $:\ 'C'0mml1m\1y !1mj:)to()V'e<rrrEJ!t\t\CO!BG\IP~'S\~\l1trC Mas~~ 1'00'S ~.~ Community Coring Center CATEGORIES/MAX POINTS Beverly Angela Mack Agee Girtman McCray 1. Benefit to Low/Moderate Income Persons 5 5 5 (National Objective Preference) Maximum Points: + 5 2. Benefit to Target Area 8 10 9 Maximum Points: + 10 3a. Activity - Need 15 15 15 Maximum Points: + 15 3b. Activity/Justification 5 5 5 Maximum Points: + 5 4. Cost Reasonableness and Effectiveness 7 10 8 Maximum Points: + 10 5. Activity Management and Implementation 20 20 19 Maximum Points: + 20 6a. Experience 10 10 10 Maximum Points: + 10 6b. Past Performance 7 10 10 Maximum Points: + 10 7. Matching Contributions 20 17 20 Maximum Points: + 20 8. Self Sufficiency 0 -2 0 Maximum Points: -5 9. Application Completeness 3 5 5 Maximum Points: + 5 TOTAL POINTS AWARDED 100 105 106 A verage Score = 1 03 s: ,Cornr\1nJil1ily Ul1f1tPr{)verr:re:n~' COO~\iP0WiilS\2OO'8\ tR'C M'Qfslre~re ~aoo Agen<iJdI,d'oc Community Caring Center dba "Grocery Store Incubator" CATEGORIES/MAX POINTS Beverly Angela Mack Agee Girtman McCray 1. Benefit to Low/Moderate Income Persons 5 5 3 (National Objective Preference) Maximum Points: + 5 2. Benefit to Target Area 5 10 6 Maximum Points: + 10 3a. Activity - Need 15 15 10 Maximum Points: + 15 3b. Activity/Justification 5 5 4 Maximum Points: + 5 4. Cost Reasonableness and Effectiveness ' 7 8 7 Maximum Points: + 10 5. Activity Management and Implementation 17 18 15 Maximum Points: + 20 6a. Experience 8 10 6 Maximum Points: + 10 6b. Past Performance 7 10 6 Maximum Points: + 10 7. Matching Contributions 20 20 15 Maximum Points: + 20 8. Self Sufficiency -3 0 -5 Maximum Points: -5 9. Application Completeness 0 5 4 Maximum Points: + 5 TOTAL POINTS AWARDED 86 106 71 A verage Score = 87 $:\<::::Of:r'lil'n~ ~~~€lril\~G\fpoTlms\~\tRC MGs~ore ~ A~(:l.do'c Palm Beach County Resource Center CATEGORIES/MAX POINTS Beverly Angela Mack Aaee Girtman McCray 1. Benefit to Low/Moderate Income Persons 3 5 5 (National Objective Preference) Maximum Points: + 5 2. Benefit to Target Area 7 6 4 Maximum Points: + 10 3a. Activity - Need 10 10 12 Maximum Points: + 15 3b. Activity/Justification 3 4 3 Maximum Points: + 5 4. Cost Reasonableness and Effectiveness 6 6 6 Maximum Points: + 10 5. Activity Management and Implementation 13 17 14 Maximum Points: + 20 6a. Experience 8 8 9 Maximum Points: + 10 6b. Past Performance 8 7 9 Maximum Points: + 10 7. Matching Contributions 16 20 19 Maximum Points: + 20 8. Self Sufficiency -5 0 -3 Maximum Points: -5 9. Application Completeness 4 5 4 Maximum Points: + 5 TOTAL POINTS AWARDED 73 88 82 A verage Score = 81 s'VCommunity il:m')2'l'ove:me'nt\ C'(}'B-G\rp{)lims\~OOB\mC MasterS-core ~OOBi\ge'l'1(Ga.zilO'c: R. M. Lee Community Development Corporation CATEGORIES/MAX POINTS Beverly Angela Mack Agee Girtman McCray 1. Benefit to Low/Moderate Income Persons 5 5 5 (National Objective Preference) Maximum Points: + 5 2. Benefit to Target Area 10 10 10 Maximum Points: + 10 3a. Activity - Need 10 15 14 Maximum Points: + 15 3b. Activity / Justification 3 5 4 Maximum Points: + 5 4. Cost Reasonableness and Effectiveness 10 7 9 Maximum Points: + 10 5. Activity Management and Implementation 5 15 18 Maximum Points: + 20 6a. Experience 8 8 7 Maximum Points: + 10 6b. Past Performance 5 8 9 Maximum Points: + 10 7. Matching Contributions 15 18 18 Maximum Points: + 20 8. Self Sufficiency -2 -5 -5 Maximum Points: -5 9. Application Completeness 0 5 5 Maximum Points: + 5 TOTAL POINTS AWARDED 69 91 94 A verage Score = 81 $:\'C0ffiffiOOl!ly '~vem€lhl\'COIB~\lP'o;ms\~\~ .~telS~~ ~008~~().00'c , /08 Agency Description Proposed 08/09 Budget & Description Current Budget & Description 07/08 \AVDA Intervention Specialist 1/2 Salary $ 10,080 8,131 I I Benefits $ 1,920 1,869 I Subtotol S 12,000 S 10,000 i BBFBCDC Office Manager Salary $ 11,330 20,000 Director Salary Salary $ 5,000 10,154 ---- -----_.----- ,- I Homebuyer Counselor Salary $ 38,050 38,754 I -- ----- -- - -- , Health Insurance $ 13,620 7,092 I I utilities $ 3,000 I Phone $ 5,000 Audit $ 4,000 4,000 Subtotal S 80,000 S 80,000 ___ ____0. ____.._~ Community Caringc;en.!.er Salaries 125'70 ot Directors, 4 part-time intake) Salary $ 41,000 41,000 Utilies $ 1,000 1,000 Worker's Comp Insurance Insurances $ 8,000 ,Audit 3,000 __u.'_,"__'" Mortgages $ 2,000 Subtotal S 55,000 S 55.000 -" .-- CCC dba "Ocean Avenue Salaries & Benefits Salary $ 13,000 -...-----.----.---------- .--~._- _____.n Green Market" _Bu"ding_R~nt $ 12,000 S u btota I S 25,000 S ---...- ---------- . PBC Resource Center _lniti~o.2'?rn~:'tupcost- 4.000 Plans Room Update & Opportunity Identification $ 2,500 4,000 Loan/C-ertifcation/Bond/lnc-orporalions $- 22,50()" 2,500 'Serninar/Event Setup Costs-- $- 2.5()O i ,- 17,500 1 Mailings. Coordination &OuTreach- $-2,OOb~ 'Promotional Costs &-ProfessionaIFees $ u 1,50'0 -~p~dalt\'\ICr.<J:'Entereris.e_i:\Ierit- - 6,000 Subtotal S S 30,000 R M Lee CDC Executive Direclclr/Prof,;;ct Manager $ 35,000 C $ 20,000 Ac:J..mir1istra.fiV'e7Pro~-amASsistOnt ,...'., $ 15,000 $ 19,000 Project Consultant $ $ 5,000 Beneilis - $ 4,310 -,. .....$ 4,000 'Telephone -- $ 1,000 $ 3,500 Postage - $ 500 $ i ,500 Accourltir1'L~ Auditn_g $ 6,500 {$ 4,500 , Comput~S~ic~s $ 1,190 , Offic:",~PP~s $ 1,000 Insurance $ 1,500 '..!! $ 2,500 Subtotal is 66,OOOI'ir s 60,000 Grand Total: S 273,000 !~-- S 235,000 S:\Community Improvement\CDBG\200B\Funds Distribution per Agency VI.-CONSENT AGENDA ITEM E.. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 15, 2008 March 31, 2008 (Noon) o June 17,2008 June 2, 2008 (Noon) 0 May 6, 2008 April 14, 2008 (Noon) [gI July I, 2008 June 16, 2008 (Noon) 0 May 20, 2008 May 5, 2008 (Noon) o July 15, 2008 June 30, 2008 (Noon) o June 3, 2008 May 19,2008 (Noon) o August 5, 2008 July 14,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [gI Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: This matter is brought before the Commission for further discussion and approval of event funding for The Intergeneration Gathering to be held on July 19, 2008. EXPLANATION: At the June 17,2008 Commission meeting the City Commission authorized the use of Community Investment Funds to contribute to the Intergenerational Gathering Event that is organized by the Heart of Boynton Community. The Commission's approval was contingent upon the event planners submitting a proposed budget for review by the City Manager's office. Staff has received the budget and it is attached. The total proposed budget is $9,658.77. The sources of funds identified to date are: Community Investment Funds: Vice Mayor Rodriguez $ 500 Comm. Ross $ 500 Comm, Weiland $1,000 Comm. Hay $1.000 Total CIF $3,000 St. John Baptist Church $1.000 Total Committed Contributions $4,000 Thelma Lyons has indicated that Deliverance By Faith Church will be contributing bottled water and Hedrick Bros. Construction Co. will be contributing beverages as well. She is continuing to work with local entities for further donations/contributions. Ms. Lyons anticipates the City funding portion/sponsorship to be approximately $3,000 (in addition to the CIF contributions) for the event. PROGRAM IMP ACT: Lack of fund sources/contributions may threaten viability of the event. FISCAL IMPACT: This is not a budgeted special event in the Police Department Budget - Account to be charged is 001- 2417-559-40-12 - Neighborhood Services - Business Meetings. Funding has been transferred into this account for event expenses. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA T ~ES: Not approve expenditure of Police Department Funds for bala e of ~ expenses. " r' '~'~l I I (! ~ /L,}'- '-:'-.-.(.-.." '" / Department Head's Signature City Manager's Signature Assistant to City Manager _____ -~--- Department Name City Attorney! Finance S\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC Heart of Boynton Community Gertrude Sullivan, 201 NE 6th Ave., Boynton Beach, FL 33435 (561) 732-1205 The Intergenerational Gathering Event was established by the Heart of Boynton Community in an effort to raise awareness of youth violence, uniting diverse generations and bring safety in our city. Proposed Bud2et Youth and Teens Activities Bounce house $ 200.00 Face painting 437.50 Crime Buster Artist 300.00 Games and Balls 250.00 $1,187.50 Advertising Signage $ 421.27 Flyers, Posters & Programs 500.00 Radio 1,000.00 $1,921.27 Entertainment DJ $ 350.00 Troy's BBQ Catering (250 -300 people) Food $4,000.00 Bottle Water & Beverages - non-alcoholic 1,500.00 Decorations 500.00 $6,000.00 Additional Parking Poinciana Elementary School $ 200.00 TOTAL: $9,658.77 [x. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A 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 D April IS, 2008 March 31,2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14, 2008 (Noon) i:8J July 1,2008 June 16,2008 (Noon) D May 20, 2008 May 5, 2008 (Noon) D July 15,2008 June 30, 2008 (Noon) D June 3, 2008 May 19, 2008 (Noon) D August 5, 2008 July 14,2008 (Noon) ~ D Announcements/Presentations i:8J City Manager's Report g ~=i .....-< NATURE OF D Administrative D New Business ~ -<0 AGENDA ITEM D Consent Agenda D Legal ~ ,n;; D Code Compliance & Legal Settlements D Unfinished Business UI ~~ D Public Hearing D ~ chd CD ~z .. "t@ RECOMMENDATION: Consider a request by County staff to annex five (5) isolated County encl~s ill conditions), amounting to approximately 16 acres, into the city limits through the use of an Interlocal Agree~ (ILA) with Palm Beach County pursuant to Section 171.046, Florida Statutes. EXPLANATION: For the past several months staff members from the City of Boynton Beach and Palm Beach County have had a number of discussions concerning the possible annexation of five (5) County enclaves within the Boynton Beach municipal boundaries. The most recent meeting on this matter occurred on April 17, 2008 and included Lori LaVerriere, Boynton Beach Assistant City Manager, and Verdenia Baker, Deputy County Administrator, among other City and County staff members. Although staff has indicated that the City would likely be willing to proceed with the annexation of these enclaves and to provide them with the necessary city services, there are certain enclaves that will require significant infrastructure improvements in order for them to meet the same standards and be able to accept the same level of services provided to other communities in the city. Attached is a Staff Report and Enclave Maps (Exhibit A) which identifies the current service capability, infrastructure deficiencies and zoning issues for each enclave. The primary issues staff wants to raise for Commission consideration and discussion are: 1) Enclave #1 - Bovnton Self Storaae: The City received a letter from the property owner's legal representatives (Exhibit B) expressing opposition to this annexation. Legal counsel will speak to this issue, however, staff has identified a potential zoning solution which may address the owner's concerns. 2) Enclave #2 - Wall Street a.k.a. Tradewinds West: This area presents the greatest concern. It is in need of substantial infrastructure improvements in order to bring the properties up to current standards. We estimate both utility and public works improvements to be in the area of $1.2 million dollars. As mentioned previously, City staff met with County representatives to discuss what the County's participation would be in effecting these improvements. As noted in the staff report, we maintain the County certainly shares responsibility in bringing this area up to current standards. At our meeting Ms. Baker expressed the difficult budgetary issues they were facing and that they were not able to offer funding for these improvements at this time. S:IBULLETINlFORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM We were advised to contact the County Housing and Community Development Office to see what funds (CDBG), if any, may be available for future (09/10+) improvements, Staff made that contact and have subsequently been advised that they could not commit FY 2009-10 CDBG funding at this time due to census tract information indicating the area does not meet the low/moderate income level benefit criteria (Exhibit C), We were then referred to the County's Office of Community Revitalization (OCR) and informed that this office often works to facilitate County infrastructure improvements prior to their annexation, We will explore this option as well Our primary concern is that should the City move forward with this annexation, staff urges some level of commitment from the County to participate in the cost of these improvements, These improvements will likely need to be phased over several years, Funding participation should be addressed via Interlocal Agreement with Palm Beach County 3) Enclave #3 - Palmer Road: This enclave requires an estimated $200K in improvements, That isn't as much of a staff concern as is the commercial parcel within the enclave that houses a large billboard, The improvements can be addressed in future CIP budgets. However, we recommend the Commission exclude the one parcel with the billboard on it. As you know, billboards present a variety of legal issues and having this parcel sitting as it is now within the City's boundaries would undermine our policy of reducing billboards, County staff indicated they did not support any exclusion of parcels with the enclaves PROGRAM IMPACT: Potential increase in the City's tax base and the rationalization of City boundaries. See Exhibit 0 for a tax comparison of property located within the unincorporated area of PBC vs, property located within the City of Boynton Beach, FISCAL IMPACT: The total infrastructure improvements required to bring these enclaves up to current City standards could amount to approximately $1,8 million. Annexation of these enclaves would result in an increase of property tax revenue of approx, $88,000 (2010 tax roll - at the earliest), Three of the five enclaves (excluding #1 & #5) abut the CRA boundary, Expansion of the CRA boundary to include these properties would require separate action by the CRA and City Commission AL TERNATIVES: 1) Decline to consider any annexation of these enclaves, 2) Only consider the annexation of selected enclaves and the exclusion of others or 3) Consider the annexation of all enclaves with special conditions, ~ ~ '-V~( (/aCLd--'-( . ~--_..- '_/ " Department Head's Signature City Manager's Signature Assistant to City Manager __"" Department of Development -----....-.-- City Attorney / Finance S\BULLETI!\.1\FORMS\AGLNDA ITEM REQUEST FORM.DOC Exhibit A Annexation of Enclaves Staff Analysis Update June 12,2008 The City of Boynton Beach is currently considering the annexation of five (5) enclaves into the city limits through the use of an Interlocal Agreement (ILA) with Palm Beach County pursuant to Section 171.046, Florida Statutes. Staff has evaluated the subject enclaves as identified in the accompanying map (Exhibit "A") for current service capability and infrastructure deficiencies. The enclaves total approximately 16 acres of land all of which are situated in areas that are isolated from PBC and their corresponding services. They are currently serviced by the City under mutual aid agreements with the County. Enclave 1 (31st Terrace) This enclave is the site of Boynton Self Storage, which has made it known that they are firmly opposed to being annexed into the City of Boynton Beach. Code Compliance has determined that the site appears to be generally in compliance with our codes. The inside storage units are small and not conducive to housing business occupations. There is a non- conforming sign on the property and there may be an issue with the "screening" of the outside storage, both of which can be addressed at a later time. Otherwise, Code has no issues with this site. Infrastructure improvements needed (see Exhibit "B" for detail) are estimated at $12,700 and include the Installation of a fire hydrant line and water and sewer connections from the adjacent U.S. Post Office property to the north of the enclave and the shopping center to the east. The cost of on-site stormwater improvements to meet pre-treatment requirements will be borne by the property owner. Of the five (5) enclaves this one has presented staff with the greatest challenge of arriving at an ideal zoning solution given the potential for creating a non-conforming use, a possible "spot zoning" issue resulting from the rezoning of property to a district unrelated to the zoning of abutting properties, and its isolated location. This enclave is partially occupied by an older self-storage business consisting of both interior storage bays and outdoor surface storage. The only district in the City's Zoning Code that allows self-storage businesses is the M-1 Industrial Zoning District. Factors that support zoning to M-1 involve the desire to avoid creating a non-conforming use, the isolated location of the subject enclave and lack of visibility from any major roadway, and the safe proximity from any residential uses. In addition to the City's ongoing need for lands for heavy commercial and industrial uses, there is also the fact that the M-1 Zoning District does not include a minimum lot frontage standard. Moreover, the spot zoning issue is mitigated by compatibility between the actual characteristics of the abutting land uses, such as the truck loading and storage areas for BJ's Shopping Center, Publix Shopping Center, and a U.S. Post Office. Therefore, staff anticipates recommending that, upon annexation, Enclave #1 be reclassified Industrial, and rezoned to M-1. Enclave 2 (Wall Street aka Tradewinds West) This particular enclave has a number of issues. First, the area is comprised of very small parcels and the public rights-of-way are also small. The rights-of-way of Gibbs Road, Wall St. and an 'Unknown' Street east of Wall St. are all 20 feet wide. Since the City's current standard street width is 22 feet, it is not possible to build a standard width street. There also are a number of encroachments (fences, parking, landscaping) in the rights-of-way further compounding the narrow width. Prior to acceptance of these streets, It is recommend that a survey be conducted to correctly locate property lines. The existing pavement structures are paved/gravel on Gibbs Rd., gravel on Wall St. and gravel on the 'Unknown' Street. Although the City can service the solid waste needs of the area it will not likely be able to do so with the automated cart system. This will require trucks to back down the streets, which will certainly have safety and liability implications. In addition, street lights in the area are sporadic and need be installed at intersections and dead ends. The right-of-way improvements required for this enclave are estimated at $110,000. Pavement width and structure also pose an access issue for the Fire Department. Indeed, of the five enclaves, this is the only one of significant concern to the Fire Department. In addition to concerns related to fire hydrant distribution and available water supply and reliability, the Fire Department also identified five buildings on the "Cantway site" at 3860 N. Federal as having several fire code violations that could cost as much as $50,000 to bring into compliance. A number of parcels in this enclave are on well water and a few are even on septic systems. However, most have potable water lines in the general vicinity to allow for an extension of service and access to a gravity sewer to the south and east. Those lots fronting on Old Dixie Highway have potable water available in the adjacent right-of -way, and the majority of the homes already have water meters.. Wall Street is a dedicated right-of-way and contains a potable water line with the majority of the homes having meters. At the southern end of Wall Street there is a three unit multi-family building that has an unsafe/unsanitary open septic system. Some of the other lots may not have access via dedicated right- of-way so easements will be required in order to extend services. The Infrastructure improvements needed (see Exhibit "8" for detail) are estimated at $1,118,705 and include construction of water and sewer main extensions to each individual parcel, construction of a lift station to transport the sewage to the City's collection system and construction of stormwater lines and exfiltration trenches in the existing rights-of way to provide water quality treatment and basic flood protection. In addition to the above right-of-way and infrastructure problems, homes in this enclave also have a number of property maintenance and code issues. There are also a number of un-permitted structures, unlicensed home occupations, a large number of rental units (with For Rent signs), as well as some lawn furniture on rooftops, This enclave consists of two primary land uses; residential and commercial, and will therefore be recommended for differing land use/zoning designations respective of their use and location in the city. The residential portion is on the western side of the enclave, accessible from Old Dixie Highway, and the commercial portion is on the eastern side and is mainly accessible from S. Federal Highway. The residential portion consists of approximately 41 dwelling units with the majority (approximately 28) being single-family detached houses. The remaining units are a combination of cottage-style units, single-family rental conversions and a multi-family building. Due to the configuration of the enclave and street pattern, many of the lots are irregularly shaped and vary in size with, the "typical" lot dimension of being about 50 feet wide by 100 feet deep. This is sub-standard in any of the City's single-family zoning districts, however, they are developable under the City's non-conforming lot provisions, The R-1 zoning district is one that most closely corresponds with the residential lots in this enclave and would be the district recommended by staff if annexed. It also closely matches the residential area on the opposite side of Old Dixie Highway, which was annexed through an interlocal agreement, in 1995 and also contained irregularly shaped lots. It should also be noted that there is a growing colony of artists within this enclave who desire recognition and support through appropriate land use and other zoning regulations. Any additional zoning provisions in this regard, however, will require further evaluation following the initial rezonings of the enclaves. .2 The commercial portion fronting on S. Federal Highway consists of a tattoo shop, the Cantway trailer business, and other undetermined commercial business. A vacant incorporated parcel abuts the north side (the subject of an expired site plan for an office building), and to the south is a modern Iimited- access self-storage business that was constructed following annexation of the property in 2002. With C-3 zoning on the commercial shopping center to the north, and similar zoning on the relatively new self- storage project to the south, staff would recommend the C-3, Community Commercial Zoning District for this portion of the enclave. Although this may render certain businesses operating on the Cantway property non-conforming, retail zoning would, nevertheless, be more compatible with existing and future residential projects and further the vision for this southern entrance into the City. Enclave 3 (Palmer Road) This enclave consists primarily of older homes, mostly ranch style, many on finger canals, located between the developments of Estancia and Waterside. At least one property may be a code compliance issue. It should be noted that annexation of this parcel would result in the annexation of a large billboard that sits on the site of a commercial parcel on Federal Hwy. Staff recommends this parcel be excluded from any annexation, as this would undermine our policy of reducing billboards in our community. However, this parcel would still receive the same city services as provided to the other annexed parcels in the enclave. The service provisions and payment thereof can be addressed in a separate ILA with the County. The Estimated costs of utility infrastructure improvements to this enclave amount to about $89,000 (see Exhibit "B" for detail). These include construction of water and sewer main extensions to each individual parcel. Due to the narrowness of the roadway, a low-pressure sewer system is envisioned for this enclave, with private lift stations located on each parcel. Costs of the private lift stations, estimated at $15,000 each, are not included within the city's cost estimate. The roadways are too narrow to accommodate water, sewer and stormwater exfiltration. Therefore, no costs are presented for stormwater improvements. This enclave exhibits many of the same traits as Enclave #2. Both Bamboo Lane and Palmer Road have approximately 20-foot wide rights-of-way. The pavement on the east-west portions of Bamboo and Palmer is new and between 10 to 12 feet in width. However, the pavement running north-south on Palmer Road is very deteriorated. Furthermore, this portion of Palmer Road pavement appears to be placed outside of the limits of the public right-of-way, based upon a staff review of County plat records on-line. Therefore, it will be essential that a survey be conducted to determine the location of the rights- of-way in this enclave to ensure that the paved road is within the right-of-way. It is estimated that street improvement costs could approach $90,000 or more depending upon the right- of-way location. As in Enclave #2 narrow roads and sharp corners will make solid waste collection as well as Fire and Emergency vehicle access to some areas very difficult. Similar to Enclave #2, this enclave also consists of uses that warrant both residential and commercial zoning. However, Enclave #3 is considerably smaller with only 14 lots including 2 lots that front on S. Federal Highway. This pocket abuts the newly developed Waterside PUD to the south and the newly developed Estancia PUD to the north. Most residential lots have waterfront access and all but one is developed. Eight of the residential lots exceed the minimum lot area of the R-1-AA Zoning District (8,000 sq.ft.), with four (4) having less than this minimum standard. Accordingly, the R-1-AA District most closely matches the larger typical lot size of this neighborhood and would be the staff recommendation if annexed. This is the same district applied to the three (3) parcels along Virginia Gardens Way that were annexed in the early '90s under the requirement of their respective water service agreements. The two remaining lots are developed, front on S. Federal Highway and have commercial zoning designations in the county. One of the parcels would meet the minimum lot frontage and area standards 3 of the C-3 zoning district, and the other is only 50 feet wide and therefore deficient of the minimum lot frontage standard (75 feet). Abutting these commercial parcels is the new Office at Bamboo office building project to the north (zoned C-3) and the parcel to the south on which the billboard was erected Although residential land uses dominate the area, the new office building sets the precedence for non- residential use, and supports the continued commercial zoning of the other lots fronting S, Federal Highway. Therefore, C-3 Zoning will be recommended for the commercial portion of this enclave. and R- 1-AA zoning will be recommended for the residential portion. Enclave 4 (Old North Dixie Hwy.) This is a relatively small enclave consisting of approximately three (3) parcels at 3456, 3460 and 3464 North Old Dixie Highway containing one commercial and three (3) residential type structures, All parcels are currently owned by Southern Engineering & Construction, LLC. and a representative from Southern Engineering has indicated an interest in being annexed into the City. The cost of Infrastructure improvements required for this enclave (see Exhibit "B" for detail) is approximately $110,000 and includes the construction of water and sewer main extensions to each individual parcel and connecting the new sewer to the lift station proposed to be constructed for Enclave #2. The cost of on-site stormwater improvements to meet pre-treatment requirements will be the responsibility of each property owner, with overflow to the Old Dixie Highway right-of-way, This enclave is adjacent to a small parcel on its north, within the City, zoned C-4 and developed for and occupied by a church. These parcels are surrounded by lands previously assembled and approved for the Gulfstream Gardens and Palm Cove Residential Planned Unit Developments (PUD's), The Gulfstream Gardens project has recently undergone a modification by the owner/developer, which indicates continued interest in eventual residential development. As indicated above, this enclave consists of three lots with very old and substandard single-family homes. The property owner requests zoning that would support both office and commercial uses, such as C-4. Although such zoning is consistent with the original intent for the properties that front on Old Dixie Highway the residential conversion of this area has drastically changed the vision for this area and appropriate zoning. Moreover, although the abutting church property is zoned C-4, the current church use would be allowed in most zoning districts, and would be compatible with the adjacent residential developments. Based on current use of the subject enclave, and the planned residential use of the surrounding land, staff recommends that Enclave #4 be rezoned to R-1, similar to the recommendation for Enclave #2, Staff also recommends that a more intense/dense zoning only be considered in the future jf accompanied by a development plan that represents compatibility with the adjacent land uses. Enclave 5 (Lake Ex.) This enclave consists of two larger ranch style waterfront homes with good access. The property is already provided with water and sewer service to the property line. This enclave is proposed for subdivision. Therefore, all costs for additional improvements will be borne by the developer of the property. From a zoning standpoint this lakefront enclave only contains two (2) lots, each developed with a single- family house. One lot is over 10,000 Sq'ft' in size while the other is over 20,000 sq. ft. In addition to Lake Ida, the enclave is surrounded by the Lake Trail Estates project, which was the subject of an annexation, land use amendment and rezoning of the old BE Aerospace manufacturing site in 2005/2006. The Lake Trail Estates project included the rezoning of the adjacent approximate 22 acres to R-1-AA, Staff recommends that this small enclave be rezoned to the R-1-AAB Zoning District. This is based on 4 the large lots and homes within the enclave, its compatibility with the zoning of the adjacent approved project, and it being the predominant zoning district on other neighborhoods existing along the shores of Lake Ida. Summary Based upon the foregoing analysis, the total anticipated cost to the city for water, sewer, and stormwater improvements is $1,596,486. The estimated cost of roadway and street lighting improvements is approximately $200,000. The City currently does not have any funding mechanism in place for these improvements totaling $1.8 million. Staff does not recommend that the city bear the entire cost for the scope of work shown. Instead, City staff has initiated discussions with their County counterparts regarding the County's funding responsibilities. However, to date there has been no commitment from the County. ITEMIZED COSTS FOR UTILITY IMPROVEMENTS TO ENCLAVES 1-4 ENCLAVE NO.1 Item Units Quantitv Cost/Unit* Ext. Subtotal 6-inch water main L.F. 20 $60 $1,200 Fire Hydrant assembly each 1 $6,500 $6,500 6-inch sewer connection each 1 $5,000 $5,000 $12,700 ENCLAVE NO.2 6-inch water main L.F. 1543 $60 $92,580 Fire Hydrant assembly each 5 $6,500 $32,500 8-inch gravity sewer L.F. 3650 $80 $292,000 sewer manhole each 13 $10,000 $130,000 City lift station each 1 $250,000 $250,000 18" pipe Exfiltration trench L.F. 1825 $105 $191,625 storm manholes each 13 $10,000 $130,000 $1,118,705 ENCLAVE NO.3 6-inch water main L.F. 600 $60 $36,000 Fire Hydrant assembly each 2 $6,500 $13,000 4-inch sewer force main L.F. 1000 $40 $40,000 $89,000 ENCLAVE NO.4 6-inch water main 400 $60 $24,000 Fire Hydrant assembly 2 $3,000 $6,000 8-inch gravity sewer 750 $80 $60,000 sewer manhole 2 $10,000 $20,000 $110,000 $1,330,405 SUB-TOTAL Engineering/survey $266,081 @20% $1,596,486 TOTAL *AII prices are order of magnitude 5 City of Boynton Beach Exhibit "A" Enclave Annexation Interlocal Agreement 1/08 BOYNTON BEACH BLVD i I - I OCEANAVE-~ I I Enclave #1 I "31 st Terrace" I 2.84 acres i I , J 1 [I I : , I WOOLBRIGHT.RD~ I I I I >- 3: ::z: . .!.J ! < . 0:' 23RDAVE E I #3 IJJ nc ave 0 "Palmer Rd," ~ 5.00 acres Enclave #2 "Wall Street" 7,20 acres / / N e. 1,500 750 0 1,500 3,000 4,500 6,000 w ~Z1... F ~- 'Feet ~~~ ' ..; . . .: .. _-I . -. - ; . . . 't.~. I I I L__~--.I Enclave #1 ..$"1[.'1'" '[,",m",,~ "31st lierrace" '~aM.;f'-";' '~"Y;.';;(_';Y'1?;;~i~Y<j;Hl?1~~.6: '~~'~':::i,';,,~ '_,', ."~~~~;,;:;::'~~:~:r;;~~., ,,".;~~::;~'1~e 2 84 1.1' . '~~;';'"~_.,,spt-.-.., . acres t'~~;0;,,~i;,~~~~.;; .:::]~;:1:~Ik. :Il""l i " .'if... fte'S'~ ,...",,"'.'.. ;". ........ . ..~*rtl ""....'.."... rIt:t;:... .... "\"~'S;;...'" ';ill '.. ;,.,r;;w_-*:, ' ~ ~' . tV,,; ~ .~~m. \', ~~k ..~. . .Ia.".,!,.,;;~.m...d.,...;;; ;:-: , .. ....,......::',.".." ""'" '<\:>'(~. iii;_f>i[;~.t>' ",,~'I':'l!'*'.". .,. "1..., t:", .. ...... j - - - ~ - - - - - -- . :. . . - . .- . . _ :l - . .- - I; r' ~ +1"'J: It I , Enclave #2 , "Wall Street" I . Enclave #3 . 7 .20 acres "Palmer Rd." j " ;1i7::;';;"":_'!"'." . .' 3.88 acres j i i!i f i 1iI ,- i; .. , ~ ,. ~ -'.~ Ii[. ,.....1. ...,h.. ,_ . ~ ..J ",, 'I'~ 1';." ~ r:s:, I . ", . f,Jl!'.'" i~..~~0i'"lT;~;"",., ..o/t.~ .::; 0j~, 'k' ,~~/, ", ' ~""," -\ J;;:~~J:r~"", "~\;.~,::,, ,iI!",.)1 ~ :?'t: .' I. ~ r.;. ex - 11ft !'~' ~ t- ~.~ I: ~ _. .- ~ Enclave #4 ,J "Old Dixie Hwy" 0.69 acres " , ..1,- .. :~ l"'"'' ! t J .." :tw \ ! f "', '. -, """1' I\:~ ":"f l- ,R ' ' ;~. I if -iitJ'!!f"f:,;, l~ >> III'~" i 'l4 , ......,.~ .. ~ ~.' _ ':'rr...t..with.,~ ...~ :ii... i!lM ~~ . i ~ ~ . . t r .....1..'..'. ' 1 ., , " It!" ' i " .. lit' i"W , '" iii 'c , <" ,'J " .... ... .. ".:""i(T ~' "/I.". 1 -. . .. .,' .,....f'.. " Iir""'~~.' .. h.' . ..L ... \'I'J"~':".'., .'.. ' '. ..,. ~, f( ~::,/",,~ tUjj .l\..1 '"' ..., 'i"". ...4 ~. "J " '. , . 1/", - # I ' .' / . ~ d' .~ ... " ., ~-.. . ,# *t '" " ' .' ~.....'.. -' ,~-,,# . · -"-ilt' ... -,,- , ~"-.i; l ,~ '\ l.I:J!fi:~'l " *" ~ j I "...." 7' t"* " .... '~~ " .''\ I " ' ~ " '" ,. . . t -:. '"",,' I ~,' / '4'. ~ . ~.~ , ~ '~ ~ ~j' \ " '~1 ';",~ '- ,.~' '- ~..s ,..t.; ~ ". ~ "' ..... " .'1 ~ . '...... *',* ~ . ~ -" :: ,- " ". . *".' -= " - ##..... ~ ~ . t . '.-. . ~ .... PI - t, =, '-, ~...'...... ~ I i I'.! ~r.;, -.r.....,. ... -':;,.... ' , ". '. aim r- ", ~,Jik .' I.".".~ , i . ,.. i Enclave #5 r.:1 f ' ~ Ii ' . "lake Ext .. /l ~;: . ~.. ; ii. ~... ,:: :: 0.77 acres '" /,." .........-...., -. .tff,t'. "~.. . II I'. :: ~ 'w. I · ,. ,,",' ~, . ;: , "'.. '.'. '.. . ~ '.' --"4. ,it , I .. · ... ,,"' '.1..1...+ i ~ ~. , II ~ . f ' ! · 1"'1 ": Ii ' "1 "' - .. lP,..j'~I.~~ ill! . .' r . , ' tdI+,. tJ i'f" '''''Ilt 1 I . "" b~.' ! i' . I ,'.' r ." '! ~. i j'_1 . /''"' . "..r,/i;! 'r(',;; _, II!! - - - - - - - - -- I Lm Offices EXHIB COKER & FEINER ]404 South Andrews Avenue Fort Lauderdale. FL 33316-1840 Telephone: (954) 761-3636 Richard G, Coker. Jr, PA Facsimile: (954) 761-1818 Rod A, Feiner February 18, 2008 Via Facsimile, E-Mail and US Mail Mr. James Cherot~ City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, FL 33308 Re: Interlocal Agreement between City of Boynton Beach and Palm Beach County Annexation of Enclaves Pursuant to Section 171.046, Florida Statutes Dear Mr. Cherof: I represent a property owner whose property is presently located within Unincorporated Palm Beach County. Their property is proposed to be annexed into the City through an Interlocal Agreement between the City of Boynton Beach and Palm Beach County. The annexation is proposed to occur through the execution of an Interlocal Agreement because the properties have been deemed to be an enclave. As you are aware, Section 171.046. Florida Statutes. allows the annexation of an enclave through the adoption of an interlocal agreement. I have reviewed a version of the Interlocal Agreement ("Agreement") as well as the areas to be annexed by the Agreement and have discovered a significant issue. It is in this regard that I am contacting you. Section 171.031 (13), Florida Statutes, defines an enclave as an "unincorporated improved or developed area." Thus an enclave is, by statutory definition. a grouping of developed property This definition was confirmed in Section 171.046(3), Florida Statutes, which states that "This section does not apply to undeveloped or unimproved real property (emphasis supplied)," Thus. the annexation proposed by the Agreement can only apply to developed and improved real property. Thus unimproved property are not ripe for annexation utilizing the procedures established in Section 171.046, Florida Statutes. Enclave 1 of the Agreement, also known as the West Central or 31 st Terrace Enclave. is not entirely composed of improved or developed property. Specifically. Property Appraiser Parcel Number 0043-4530-0103-00050 is undeveloped and unimproved property. Thus what has been identified as Enclave 1 in the Exhibit to the Agreement is not. in fact. an enclave as that term is defined in both Sections 171.031 (13) and Section 171.046. Florida Statutes. This means that the properties located within the West Central District cannot be annexed into the City utilizing the procedure set forth in Section 171.046. Florida Statutes February 18, 2008 Page -2- I respectfully suggest that the City eliminate the West Central Area from Exhibit 1 of the Resolution and the Agreement. This will cure the problem and the City can proceed with its intended action. Otherwise, if the Agreement moves forward in its current state the entire Agreement and all of the other enclaves will be invalidated. Can you please let me know if Staff will be removing the West Central Area (31st Terrace) from the areas to be annexed via the Agreement before the Commission Meeting tomorrow. I look forward to hearing from you and if you would like to discuss this matter in more detail, please feel free to contact me. Very truly yours.;"l U....'''':>- . / .. - . . .' r ;" ! ( .. \ ,~ ", ,,' ).,1. _-..---_ J _-r.._.__'. 7"-- -- I ROD A. FEfNER For the Firm RAF:tms c: Client Michael Rumpf, Director of Planning & Zoning Quintus Greene, Director of Development EXHIBIT '_.'.,.,.. ....J June 10, 2008 .."~ Quintus Greene, Development Director The City of Boynton Beach Development Department/Director's Office 100 E. Boynton Beach Boulevard P.O. Box 310 Housing & Community Boynton Beach, FL 33425 Development 160 Australian A venue, Suite 500 Dear Mr. Greene: West Palm Beach, FL 33406 (561) 233.,3600 We are in receipt of your letter of May 23, 2008, requesting FY 2009,] 0 CDBG fundmg for infrastructure improvements in cenam County enciaves Fax (561) 233,3651 within the Boynton Beach municipal boundaries in order to facilitate the www,pbcgov,com annexation of an area called "Wall Street", also known as "Tradewinds West. " . While HCD certainly recognizes the importance for these improvements and is supportive of your efforts, the Department is unable to commit FY 2009-10 CDBG funding at this time. A review of Census information for the area Palm Beach County indicates that the unincorporated portion of Census Tract 63, Block Group 1, Board of County is only 24.1 % low/moderate income, and therefore does not meet the CDBG Commissioners low/mod area benefit criteria. However, HUD provides guidelines for the Addie Green, Chairperson preparation of income surveys of areas which do not coincide sufficientlv well with Census boundaries, Jeff Koons, Vice Chair Karen Marcus Because Tradewinds West (the Wall Street area) is a Countywide Commulllty Robert J. Kanjlan Revitalization Team (CCRT) Area, we encourage you to contact Mr. Houston Tate, the Director of Palm Beach County's Office of Community Mary McCarty Revitalization (OCR) at (561) 233-5303, OCR often works to facilitate Burt Aaronson County infrastructure improvements within unincorporated areas prior to then annexation. .less R. Santamana Thank you for your request and interest in the CDBG program. If you have any additional questions or need further assistance, do not hesitate to contact County Administrator me at (561) 233-3602, Robert Weisman, P.E. "An Equal Opportunitv Affirmative Aetion Employer " cc: Houston Tate, Manager, R Elena M, Escovar, Planning Manager, HCD Carlos R. Serrano, Senior Planner, HCD JUN \ '2. ~C\08 Satu Oksanen, Planner 1, HCD Ref: S, \p lanning'Q007 _ 08\CDBG\Unso 11 CIted Req lIcsts\Boyn ton Beach doc ~, The City of Boynton Beach "iOOrrBIT C " DEVELOPMENT DEPARTMENT DIRECTOR'S OFFICE I -~..._. -~-_.._,.- 1 100 E, Boynton Beach Boulevard P;_(o. f'i'iFD P.O. Box 310 r-' ..-. ... '-'---, , I Boynton Beach, Florida 33425-0310 I TEL: 561-742-6350 I tv. f,y 2 7 L.)UU I FAX: 561-742,6089 i i www.boynton-beach.org I ' I I L, ..,_.,- 'I r' I ri ~ t ";' ';"" :- ;-~:-::-:(,-~-= r ! '-' ~' May 23, 2008 L:~.""~~~~___~,"_~_,.~~_:~:!.~~~- ~:~.jL. [ Mr. Edward Lowery, Director Palm Beach County Department of Housing and Community Development 160 Australian Ave., Suite 500 West Palm Beach, FL 33406 Re: Proposed Enclave Annexation Dear Mr. Lowery: As indicated in our recent telephone conversation, for the past several months staff members from the City of Boynton Beach and Palm Beach County have had a number of discussions concerning the possible annexation of certain County enclaves within the Boynton Beach municipal boundaries. The most recent meeting on this matter occurred on April 17, 2008 and included Lori LaVerriere, Boynton Beach Assistant City Manager, and Verdenia Baker, Deputy County Administrator, among others. Although the City of Boynton Beach has indicated its willingness to proceed with the annexation of these enclaves and to provide them with the necessary city services, there are certain enclaves that will require significant infrastructure improvements in order for them to meet the same standards and be able to accept the same level of services provided to other communities in the city. Foremost among the enclaves requiring significant infrastructure improvements is the area called "Wall Street", also known as "Tradewinds West." It is estimated that the required infrastructure improvements to this enclave will cost approximately $1.23 million and include street lights, roadway widening, water and sewer main extensions, stormwater lines, exfiltration trenches and a lift station to transport sewage to the city's collection system. In addition, there are at least 24 buildings in this area with significant code violations. The cost of bringing these buildings into compliance will run into the hundreds of thousands of dollars. We have determined that the household income levels in this particular County enclave are such that the required infrastructure improvements would qualify as being an eligible benefit to a low-income population under the Community Development Block Grant (CDBG) Program of the Department of Housing and Urban ,Development (HUD). "',,: . Page 2 May 23, 2008 . Accordingly, we are hereby requesting a commitment from Palm Beach County, as a CDBG entitlement recipient, to use a portion of its block grant allocation for the 2009-2010 fiscal year to fund the identified infrastructure improvements in order to facilitate the annexation of this particular enclave. 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UJ..... 0 Q) 0 E ~ - '0 I- E CD CD CD CD ,_ ..c: '0 t- U (/)IUJu:c -;;; EEEQ)ro<(:'2Q) -UJ(/)(/)~(/)~~"C(/) f-- ;':<..If--<(o' - l- Q) \\J - - - -.c..... - ~ _ en::J VJ (/) _ en _ _ en _ VI C'il Q)(/)iI:(f)ro > rorororo-oc!:oro J!l :J-Q)Q)'OQ)'C'C'CQ) J!l al~~~Ul U ~liS ~ '0 a...a...a...a...Of- oU)...J 0 'ca......J...J<(...J<(<(<(...J 0 o~~~<( <(...J f-- <( Z I- <( I- Z XII. - LEGAL DEVELOPMENT CITY OF BOYNTON BEACH ITEM A.I & 2 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April IS, 2008 March 31, 2008 (Noon) o June 17,2008 June 2, 2008 (Noon) o May 6, 2008 April 14, 2008 (Noon) r8J July I, 2008 June 16,2008 (Noon) o May 20, 2008 May 5, 2008 (Noon) o July 15,2008 June 30, 2008 (Noon) o June 3, 2008 May 19,2008 (Noon) o August5,2008 July 14,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda r8J Legal 0 Code Compliance & Legal Settlements 0 Unftnished Business 0 Public Hearing 0 RECOMMENDATION: Please place this request on the July 1, 2008 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission on June 17,2008, approved this request under Legal, Ordinance _ First Reading.. For further details pertaining to this request, see attached Department Memorandum No. 08-040. EXPLANATION: PROJECT: City Towing (LUAR 07-003) AGENT: Dave Beasley OWNERS: Charles S. Cook and Alice Snow LOCATION: 506 and 510 NE 3rd Street DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (I); and Request to rezone from C-4, General Commercial District to M-1 Industrial. PROGRAM IMPACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: N/A ~ City Manager's Signature Assistant to City Manager \)^dv lanmng-and Zoning D' r City Attorney / Finance S :\Planning\SHARED\ WP\PROJECTS\Ci Towing 510 NE3rd Street\LUAR\Agenda Item Request City Towing LUAR 07 -003 7 -1-08.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC DEVELOPMENT DEPARTMENT PLANNING &. ZONING DMSION MEMORANDUM NO. PZ 08-040 TO: Chairman and Mem bers Community Redevelopment Agency Board and City Commission FROM: Gabriel Wuebben ~~ Planner THROUGH: Michael W. RumPfkW Director of Planning and Zoning DATE: April 5, 2008 PROJECT NAME/NUMBER: City Towing/LUAR 08-003 REQUEST: To reclassify property from General Commercial (GC) to Industrial (I) and rezone from C-4 General Commercial to M-l Industrial PROJECT DESCRIPTION Property Owner: Charles Cook and Alice Snow Applicant/Agent: Dave Beasley Location: 506 & 510 N.E. 3rd Street (Exhibit "A'') Existing Land Use: General Commercial (GC) Existing Zoning: C-4 General Commercial Proposed Land Use: Industrial (I) Proposed Zoning: M-l Industrial proposed Use: Automotive towing & storage Adjacent Uses and Zoning: North: Auto-related use (Beck's Towing), designated Industrial (I) and zoned M-l Industrial; South: Auto-related use (National Transmission), designated Industrial (I) and zoned M-1 Industrial, then right-of-way of N.E. 4th Avenue; Page 2 File Number: LUAR 07-003 City Towing East: Improved alleyway, then developed manufacturing facility (Taylor Pneumatic Tool Company), designated Industrial (I) and zoned M- 1 Industrial; and West: Right-of-way of N.E. 3rd Street, then developed commercial facility (Charles Burn Landscaping) designated General Commercial (GC) and zoned C-4 General Commercial. BACKGROUND In April of 2005 the city adopted a resolution authorizing issuance of a "Notice of Intent" to create a temporary moratorium allowing staff to review and revise zoning regulations for properties in M-l zoning districts. A consultant was subsequently hired and recently completed the analysis of the M-l zoning district for the city. The study noted the potential negative effects of the continuous decline in the amount of industrial land in Boynton Beach, and found the current M-l regulations unaccommodating to the changing market trends and lacking the ability to mitigate impacts of M-l zoned areas on adjacent rights-of-way or residential properties. The recommendations of the study included the following: . Preserve existing industrial zoning; ., Expand potential for additional industrial types of uses, including changing land use and zoning to industrial type of use on residential property, contiguous to FEC and other industrial land; and . Address compatibility issues, including making industrial edges compatible with residential uses, and enhancing them where adjacent to arterial roadways. PROJECT ANALYSIS The parcels which are the subject of this land use amendment (lots 47 & 48 of Arden Park) total 0.33 acres (14,392 square feet). Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensi"e Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in Page 3 File Number: LUAR 07-003 City Towing dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Policy 1.19.4 of the Land Use Element reads: \\ The City shall continue to encourage and enforce the development of industrial land as industrial parks or concentrated industrial areas in order to maximize the linkage between complementary industries." The area adjacent to the subject parcel contains a variety of auto-related businesses. The requested land use amendment and rezoning will allow a long-time business to gain conforming status proximate to other existing auto-related uses, thus providing greater opportunities for linkages. Policy 1.9.5 of the Land Use Element reads (in part): \\ The Ci~ by 2002, shall conduct studies and/or prepare redevelopment plans for areas designated by the Primary Target Areas Overlay. The plans shall, in patt implement or further the adopted Boynton Beach 20/20 Redevelopment Master Plan with use provisions, development standards and design criteria which may address public improvements, infrastructure, building placemen~ architectural character, streetscape, signage, landmark opportunities and unifying design concepts. Implementation mechanisms may include, but are not limited to, adoption of overlays in the land development regulations, amendments to land development regulations, and/or through rezoning to new or existing districts. . . " The Heart of Bovnton Communitv Redevelooment Plan. as adopted on December 4, 2001, is an implementation measure of the cited policy. The "Proposed Land Use Map" for the redevelopment plan proposes that the land area in the "Arden Park" neighborhood currently designated "Industrial" should be extended westward to include the property on the east side of N.E. 3rd Street (see Exhibit "A"). This extension of the industrial-designated land would include the subject property, furthering the vision for this area. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The requested rezoning would not create an isolated district, but would relate to the adjacent land use designations to the east and to the existing uses in the area generally surrounding the subject property. Other similar requests of the nature have been approved in the immediate vicinity. Examples include National Transmission (502 N.E. 3rd Street), Beck's Towing (410 N.E. 5th Avenue) and Florida Collision Center (902 NE 3rd Street). The proposed change is consistent with recommendations of the Heart of Bo vn ton Communitv Redevelooment Plan. Page 4 File Number: LUAR 07-003 City Towing c. Whether changed or changing conditions make the proposed rezoning desirable. The recent adoption of the Heart of Boynton Community Redevelopment Plan and its recommendations regarding properties located in the Arden Park neighborhood makes the proposed rezoning desirable. The recommendation is to reclassify all properties fronting NE 3rd Street on the east side from General Commercial District to M-1 Industrial District, thus expanding the existing industrially zoned area. The shrinking supply of lands with the industrial designation in recent years may create future location problems for industrial and marginal commercial uses, which are important to the economic fabric of the city for providing valuable services and employment opportunities. This applies to all land classified industrial. The shortage of industrial sites geared toward small business is a concern. At present, there is not much vacant land with industrial zoning such as M-l. Moreover, the areas with C-4 zoning, which allow marginal commercial uses, are also scarce. These are located along U5-1 and may ultimately be reclassified/rezoned to further the Federal Highway Corridor Community Redevelopment Plan. cI. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Properties less than one acre in size are not required to prepare comparisons of water and wastewater demands. Since no additional development is proposed at this time on the subject property, no changes are anticipated in the demands on either water or wastewater. Neither are there any anticipated increases in traffic impacts. With respect to solid waste, in a letter dated December 18, 2001 the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. Lastly, drainage will also be reviewed, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As stated above under "Project Description", the existing uses surrounding the subject site are intense commercial and industrial uses. The proposed land use amendment and rezoning would generally be compatible with existing uses of adjacent properties. f. Whether the property is physically and economically developable under the existing zoning. The property is currently developed and used as the site of an auto-related business, a permitted use under the existing C-4 zoning. The property is physically and economically developable for other intensive commercial uses permitted within that zoning district. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, intensity, use, value and consistency with Page 5 File Number: LUAR 07-003 City Towing Comprehensive Plan policies. As indicated above, impacts of the proposed project on the service delivery and transportation systems will be negligible. It is consistent with the cited Comprehensive Plan policies. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. The amount of land designated for industrial uses is very limited, particularly in the part of the City east of 1-95, so there are limited opportunities for auto-related businesses. This location is convenient to the downtown as well as to other ancillary auto-related uses that serve the residents of the City. The request to convert to industrially-zoned land is appropriate in light of re-zonings that in recent years have resulted in the conversion of industrial land to other zoning designations. In the last five (5) years, some 135 acres have lost their industrial designation, not including Quantum Park, which retained the designation although a large percentage of its acreage has been converted to uses other than industrial. The loss of industrial land has occurred simultaneously within unincorporated Palm Beach County and most of its other municipalities. This trend's negative impact on the local economies in terms of future jobs, availability of services and tax bases has been recognized by the county's Intergovernmental Plan Amendment Review Committee (IPARC). The City should preserve and expand industrial land when appropriate in order to enhance economic viability. CONCLUSIONS/RECOMMENDA nONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. ATIACHMENTS 5:\PlanOlng\SHARED\WP\PROJECTS\City Towing 510 NBrd 5treet\LUAR\STAFF REPORT (City Towing),dOC Exhibit nAn - Site Location Map LUAR 07-003 - City Towing ~ <r: 0 ~ cr ...J - ~ ~ NE 4TH AVE . N 50 25 0 50 100 150 200 W~~E ~...- I Feet ;-z~ S Exhibit B - Other Similar Requests INJ fH LJ I 1 I . N 240 120 0 240 480 720 960 ~~ L--- I Feet W~7 E s 1 ORDINANCE NO. 08- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE ELEMENT 6 OF THE COMPREHENSIVE PLAN FOR A PARCEL 7 OWNED BY CHARLES S. COOK AND ALICE SNOW, 8 AND LOCATED AT 506 AND 510 NORTHEAST 3RD 9 STREET; CHANGING THE LAND USE DESIGNATION 10 FROM GENERAL COMMERCIAL (GC) TO 11 INDUSTRIAL (I); PROVIDING FOR CONFLICTS, 12 SEVERABILITY, AND AN EFFECTIVE DATE. 13 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 15 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 16 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 17 Comprehensive Planning Act; and 18 WHEREAS, the procedure for amendment of a Future Land Use Element of a 19 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 20 WHEREAS, after two (2) public hearings the City Commission acting in its dual 21 capacity as Local Planning Agency and City Commission finds that the amendment 22 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 23 the best interest of the inhabitants of said City to amend the aforesaid Element of the 24 Comprehensive Plan as provided. 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 26 CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 28 herein by this reference. 29 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the S:\CA\Ordinances\PJanningJ.,and Use\City Towing Land Use,doc - J - I 1 following: 2 That the Future Land Use of the following described land located at 506 and 510 3 Northeast 3rd Street changing the land use designation from General Commercial (Ge) to 4 Industrial (1): 5 6 Lots 47 and 48, in Arden Park, in addition to the Town of Boynton (now 7 Boynton Beach), Florida, according to the Plat thereof on file in the Office 8 of the clerk of the Circuit Court in and for Palm Beach County, Florida in 9 Plat Book 2, Page 96. 10 11 CONTAINING 0.33 ACRES (14,392 Sq. Ft.) OF LAND. 12 13 Subject to easements, restrictions, reservations, covenants and rights- 14 of-way of record. 15 16 17 Section 3: That any maps adopted in accordance with the Future Land Use Element of the 18 Future Land Use Plan shall be amended accordingly. 19 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed, 20 Section 5: Should any section or provision of this Ordinance or any portion thereof be 21 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 22 remainder of this Ordinance. 23 Section 6: The effective date of this plan amendment shall be the date a final order is 24 issued by the Department of Community Affairs finding the amendment to be in compliance in 25 accordance with Chapter 163.3184, F.S.: or the date a final order is issued by the Administration 26 Commission finding the amendment to be in compliance in accordance with Section 163.3184. 27 F.S. 28 FIRST READING this day of .2008. - 29 SECOND, FINAL READING and PASSAGE this _ day of . :2008, S\CA\Ordinances\Plannin~Land Us6City Towing Land Use doc - 2 - I 1 CITY OF BOYNTON BEACH, FLORIDA 2 3 4 Mayor - Jerry Taylor 5 6 7 Vice Mayor - Jose Rodriguez 8 9 10 Commissioner - Ronald Weiland 11 12 13 Commissioner - Woodrow L. Hay 14 15 16 Commissioner - Marlene Ross 17 ATTEST: 18 19 20 Janet M. Prainito, CMC 21 City Clerk 22 23 24 (Corporate Seal) 25 S:\CA\OrdinancesIPJanning\Land Use\City Towing Land Use,doc - 3 - Exhibit "A" - Site Location Map LUAR 07-003 - City Towing + ".._._____n____'"'.._ W .:> <{ 0 <{ 0 cr =:! <t' cr 2 NE 4TH AVE . 50 25 0 50 100 150 200 ,^,A~E r-'--- I Feet ;Z~'>! Exhibit B - Other Similar Requests . N 240 120 0 240 480 720 960 d~ I 'Feet W~7E S I I 1 ORDINANCE NO. 08- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICATION OF DAVE BEASLEY, AMENDING 6 ORDINANCE 02-013 TO REZONE A PARCEL OF 7 LAND LOCATED AT 506 AND 510 NORTHEAST 8 3RD STREET, AS MORE FULLY DESCRIBED 9 HEREIN, FROM GENERAL COMMERCIAL (C-4) 10 TO INDUSTRIAL (M-I); PROVIDING FOR 11 CONFLICTS, SEVERABILITY, AND AN 12 EFFECTIVE DATE. 13 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 15 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 16 and 17 WHEREAS, Charles Cook and Alice Snow, owners of the property located at 506 18 and 510 Northeast 3rd Street, Boynton Beach, Florida, as more particularly described herein, 19 have filed a Petition, through their agent, Dave Beasley, pursuant to Section 9 of Appendix 20 A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of 21 rezoning a parcel of land, said land being more particularly described hereinafter, from 22 General Commercial (C-4) to Industrial (M-1); and 23 WHEREAS, the City Commission conducted a public hearing and heard testimony 24 and received evidence which the Commission finds supports a rezoning for the property 25 hereinafter described; and 26 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 27 an amendment to the Land Use which was contemporaneously considered and approved at 28 the public hearing heretofore referenced; and 29 WHEREAS, the City Commission deems it in the best interests of the inhabitants of s. \CA\Ordinances\PJ ann ing\Rezon ing\Rezon ing -City Towin g. doc 1 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 3 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 4 Section 1. The foregoing Whereas cJauses are true and correct and incorporated 5 herein by this reference. 6 Section 2. The following described land located at 506 and 510 Northeast 3rd 7 Street in Boynton Beach, Florida, as set forth as follows: 8 9 Lots 47 and 48, in Arden Park, in addition to the Town of Boynton (now 10 Boynton Beach), Florida, according to the Plat thereof on file in the Office 11 of the clerk of the Circuit Court in and for Palm Beach County, Florida in 12 Plat Book 2, Page 96. 13 14 15 CONTAINING 0.33 ACRES (14,392 Sq. Ft.) OF LAND. 16 17 Subject to easements, restrictions, reservations, covenants and 18 rights-of-way of record. 19 20 be and the same is hereby rezoned from General Commercial (C-4) to Industrial (M-I). A 21 location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. 22 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 23 accordingly. 24 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 25 repealed. 26 Section 5. Should any section or provision of this Ordinance or any portion thereof 27 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 28 he remainder of this Ordinance. 29 Section 6. This ordinance shall become effective immediately upon passage. S :\CA \Ordinances\Planning\Rezoning\Rezoning -City Towing doc 1 FIRST READING this _ day of ,2008. 2 SECOND, FINAL READING and PASSAGE this _ day of .2008. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor - Jerry Taylor 7 8 9 Vice Mayor - Jose Rodriguez 10 11 12 Commissioner - Ronald Weiland 13 14 15 Commissioner - Woodrow L. Hay 16 17 18 ATTEST: Commissioner - Marlene Ross 19 20 21 Janet M. Prainito, CMC 22 City Clerk 23 24 25 (Corporate Seal) S .\CA \Ordinances\PlanningIRezoningIRezoning -Clty T owmg, doc Exhibit "A" - Site Location Map LUAR 07-003 - City Towing ~ c::c 0 ~ cr ...J i - ~ ~ NE 4TH AVE . N 50 25 0 50 100 150 200 WLf~E r-....."'- _ I Feet ;Z~ S Exhibit B - Other Similar Requests NE 9TH AVE \ \ . N 120 0 240 480 720 960 rl~ 'Feet W~VE S XII. - LEGAL DEVELOPMENT ITEM A.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April ]5,2008 March 3],2008 (Noon) o June] 7,2008 June 2, 2008 (Noon) o May 6, 2008 April ]4,2008 (Noon) [8J July], 2008 June 16,2008 (Noon) o May 20, 2008 May 5, 2008 (Noon) o July ]5,2008 June 30, 2008 (Noon) o June 3, 2008 May ]9,2008 (Noon) o August 5, 2008 July ]4,2008 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda [8J Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: Please place this request on the July 1, 2008 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission on June 17,2008, approved this request under Legal, Ordinance _ First Reading. For further details pertaining to this request, see attached Department Memorandum No. 08-046. EXPLANATION: PROJECT: City Towing (ABAN 07-002) AGENT: Dave Beasley OWNERS: Charles S. Cook and Alice Snow LOCATION: 506 and 510 NE 3rd Street DESCRIPTION: Request for abandonment of a 10- foot wide alley lying between and adj acent to lots 46 and 47 of the Arden Park Addition to Boynton. PROGRAM IMP ACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: N/A Deve~ ~~hrr' Assistant to City Manager ~ j~~V "" Planning an Zoning Dire City Attorney / Finance S;\Planning\SHARED\WP\PROJECTS\City T wing 510 NE3rd Street\ABAN\Agenda ltem Request City Towing ABAN 07-002 7-]-08,doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC 1 ORDINANCE NO. 08- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT 5 OF A 10 FOOT WIDE ALLEY, LOCATED BETWEEN 6 AND ADJACENT TO LOTS 46 AND 47 OF THE ARDEN 7 PARK ADDITION TO BOYNTON, SUBJECT TO 8 ST AFF COMMENTS; AUTHORIZING THE CITY 9 MANAGER TO EXECUTE A DISCLAIMER, WHICH 10 SHALL BE RECORDED WITH THIS ORDINANCE IN 11 THE PUBLIC RECORDS OF PALM BEACH COUNTY, 12 FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, Dave Beasley, the agent for Charles S. Cook, the owner of the adjacent 16 property is requesting that the City abandon a 10 foot wide alley located between 510 N .E, 3 rd 17 Street and 410 N .E. 5th A venue in an east-west direction along the north side of the applicant's 18 property for a distance of 150 feet, subject to staff comments; and 19 20 WHEREAS, comments have been solicited from the appropriate City Departments, and 21 public hearings have been held before the City's Planning and Development Board and the City 22 Commission on the proposed abandonment; and 23 24 WHEREAS, staff finds that the utility easement no longer serves a public purpose, a..._ 25 the City Commission adopts that finding. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 29 30 Section 1. The foregoing Whereas clauses are true and correct and incorporated 31 herein by this reference. 32 33 Section 2. The City Commission of the City of Boynton Beach, Florida. does hereby 34 abandon a 10 foot wide alley located between 510 N.E. 3rd Street and 410 N.E. 5th Avenue in an 35 east-west direction along the north side of the applicant's property for a distance of 150 feet. 36 subject to staff comments. The property being abandoned is more particularly described as 37 follows: 38 39 A 10.00 foot wide alley lying between Lots 46 and 47 of Arden Park 40 addition, as recorded in Plat Book 2, Page 96 of the Public Record of 41 Palm Beach County, Florida, said alley being bounded on the East by the 42 Northerly extension of the East Line of Lot 47 to the Southeast corner of 43 Lot 46, and bounded on the West by the Northerly extension of the West 44 line of Lot 47 extended to the Southwest corner of Lot 46, all as shown 45 in the plat of Arden Park addition, Boynton Beach, Florida. SICAI inances\Abandonments\C lty T owing. doc 1 2 Subject to easements, Rights-of- Ways, and reservations of record, 3 containing 1500 square feet more or less. 4 5 6 A location map is attached hereto as Exhibit "A." 7 8 Section 3. The City Manager is hereby authorized and directed to execute the 9 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records 10 of Palm Beach County, Florida. 11 12 Section 4. This Ordinance shall take effect immediately upon passage. 13 14 FIRST READING this _ day of ,2008. 15 16 SECOND, FINAL READING AND PASSAGE THIS _day of , 17 2008. 18 19 CITY OF BOYNTON BEACH, FLORIDA 20 21 22 Mayor- Jerry Taylor 23 24 25 Vice Mayor - Jose Rodriguez 26 27 28 Commissioner - Ronald Weiland 29 30 31 Commissioner - Woodrow 1. Hay 32 33 34 Commissioner - Marlene Ross 35 ATTEST: 36 37 38 Janet M. Prainito, CMC 39 City Clerk 40 41 S:\CA\ inances\Abandonments\City Towlng.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a 10 foot wide alley located between 510 N.E. 3rd Street and 410 N.E. 5th Avenue in an east-west direction along the north side of the applicant's property for a distance of 150 feet, subject to staff comments. The property being abandoned is more particularly described as follows: A 10.00 foot wide alley lying between Lots 46 and 47 of Arden Park addition, as recorded in Plat Book 2, Page 96 of the Public Record of Palm Beach County, Florida, said alley being bounded on the East by the Northerly extension of the East Line of Lot 47 to the Southeast comer of Lot 46, and bounded on the West by the Northerly extension of the West line of Lot 47 extended to the Southwest comer of Lot 46, all as shown in the plat of Arden Park addition, Boynton Beach, Florida. Subject to easements, Rights-opf- Wyas, and reservat6ions of record, containing 1500 squre 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 ,2008. ATTEST: CITY OF BOYNTON BEACH. FLORIDA Janet M. Prainito, CMC Kurt Bressner, City Manager City Clerk STA TE 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 Beach, Florida, known to me to be the persons described in and who executed the S :\CA\Ordinances\Abandonments\City TOWing, doc 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 day of ,2008. NOTARY PUBLIC, State of Florida My Commission Expires: s: ICAIOrdlnanceslAbandonments\C ity Towing. doc Exhibit "A" - Site Location Map LUAR 07-003 - City Towing I NE 5TH AVE I i ! f- en o cr (") UJ :z NE 4TH AVE - .. . i:t~ ... ,.. _~. . ,',.>.... . .., . ''Ii N 30 15 0 30 60 90 120 . ~ij ~ _ I 'W~pE _ _ Feet }4..~,! S i EXHIBIT B I ~ rf=J T N.E. 3RO'STREET I (A(JSTRALJAH BO(JLEVARO _ P I "" ::c > ( . LAT) I\J ..~u,,=~'" ~ ;o!!l1;~;; Ia:> 2 ~ ;:J 8 :;j ~ t""o ~ - ~ 50 RIGHT or WAY) "'! ~ z:~:: oj! ~ 0"""''''10 t:d 0 trJtf.I 'JQ ._ oii~~" '" i!!i'ir;n/l: 1<= ~ iT! 1!! ~ Z -l::C 0 6 . -1-.ri' 343.60'.34366' ~i :::~~ l ~~!i!i!! Z ::c noli! 0 t"" S El ~ ''t~ _' rtE:LO ;li;;!i!igi1.. '" , ~..;;;, J:l;> ~ -l > ~:: ~~ tTl 0 170.36' . _/ ___ ..COill..z:" ~...... "" m -l "" '" 0 0 , __ lE:I,1 '" !,,~; ~ ~ ~ 5 ~ ~ ~ . :; '''''' ~ ""'''~ _ ",.,. . _ "':.1 ~ "~" c .~ "~5ps I ~!!l...co a CO~%..... "" 0 tTl ~ tTl -l t"" > tTl tv 2~1:;a~z "n!!!;l~~ ::c g; . ~ m -l > I UI "~a-. z "~~ ~ tTl 2! 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'" CD ~ x~ co ~ o 0 L~ 0 g 0; -O!-- n t::l ...,. .... I"" I:i .... ::t: r VI r % 10; . ,. '" _ ,. . ~:: ~ r. 5 . ': " :6::;:; . 11-. ..... ! I ~ ~ S.~ ~, .. ~ . l:: ,'.., " .. ~g'gr ~ ><"C n 'tl. . 0 . ;; ~ ~ .i, L- : ..:;~..:;.. cb "', I .. I I , '" 0 ,~; , .! ." ::l Ul ~g g ;=i 0 % ~ ~ ~ )> "'1:0::8 ..,~ co: o F.i ;0 "'~~o 5% ii o 0 ~:;E:;E N ... 0 0 ~ -;. I'T'J - ~=<=<~ ~: % ~ 11 ""0 :z 0 !'?.,,;.:,'., O>i';; ~ )> > ~=<n' ...... '" - ~ r-""O""O r- ~,..,-< . ... ~ . s::: r- )> ~ ~.- 0 '" ::;: )> ;0 -< ~S :; "- CD -; ^ r- "":. 0 ~ ~ ::S ~_ -< )> CD )> Z ....~~ ;;: ~ (")000 .o;;;~ .. .. :c 0 0 ~ _"'"" ~ ~ (") ^ -; ~ ~g:;; .... o NO::;:: ~.::t: "'U C z: :z n;:J !'? Z -;5 ~ ~~O-< ~ C') co t; z~ ...,.,fTlo 0'" r- -<PI' -....J~ OlOZr- I 5 ~O'>-;S ~% 0 0..... o!=')> z..... I ...,., o r- lO )> ; Ui DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-046 TO: Chairman and Members Planning and Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Gabriel Wuebben t2 Planner DATE: April 24, 2008 SUBJECT: Abandonment of a portion of a 10-foot wide alley lying between and adjacent to Lots 46, and 47, Plat Book 2, Page 96, Arden Park Addition to Boynton (ABAN 07-002). NATURE OF REQUEST Dave Beasley, the agent for Charles Cook, the owner of the adjacent property, is requesting to abandon a portion of the 10-foot wide alley located between 510 N.E. 3rd Street and 410 N.E. 5th Avenue. The ten (10) foot-wide unimproved alley runs in an east-west direction along the north side of the applicant's property, for a distance of 150 feet. More specifically, the requested abandonment is for the following unimproved platted alley segment: A 10.00 foot wide alley lying between lots 46 and 47 of Arden Park Addition, as recorded in plat book 2, page 96 of the public records of Palm Beach County, Florida, said alley being bounded on the east by the northerly extension of the east line of lot 47 to the southeast corner of lot 46; and bounded on the west by the northerly extension of the west line of lot 47 extended to the southwest corner of lot 46, all as shown in the plat of Arden park Addition, Boynton Beach, Florida. The location map attached as Exhibit "A" shows the general vicinity of the alley right-of-way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a detailed location of the alley 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 request: North - Auto-related use (Beck's Towing), designated Industrial (I) and zoned M-1 Light Industrial; South - Auto-related use (City Towing), designated General Commercial (GC) and zoned C-4 General Commercial. This property is currently the subject of an application for land use amendment and rezoning to classify the property Industrial (I) and zone to M-1 Light Industrial; East - Improved alley, then developed manufacturing facility (Taylor Pneumatic Tool Company), designated Industrial (I) and zoned M-1 Industrial; and West - Right-of-way of N.E. 3rd Street, then developed commercial facility (Charles Burr Landscaping) designated General Commercial (GC) and zoned C-4 General Commercial. Page 2 Memorandum No. PZ 08-046 ABAN 07-002 BACKGROUND In April of 1913, the Plat of Arden Park Addition to Boynton was approved. It included several 1 O-foot wide alleys dedicated to the perpetual use by the public. The subject request is for abandonment of the east-west oriented alley located between NE 4th and NE 5th Avenue, extending 150 feet east of NE 3rd Street, to a north-south alley. The applicant would like to fence in their portion of the abandoned alley to increase the storage capacity of their towing compound lot. When a right-of-way, such as this unimproved alley is abandoned, the abandoned land is transferred in equal portions from the general public to the abutting property owner(s) per State law (s 336.12). Typically, two (2) properties would be affected by an abandonment request: one-half of the right-of-way is conveyed to. one (1) abutting property owner and the other one-half is conveyed to the other abutting property owner. The applicant requesting this abandonment is the owner of the abutting property to the south (510 NE 3rd Street / Lot 47, Arden Park Addition). Public records indicate that Beck's Towing & Recovery, Inc. is the owner of the abutting property to the north (410 NE 5th Avenue / Lot 46, Arden Park Addition). A review of city records indicates that a minimum of ten (10) segments of alleyways within the Arden Park Addition plat have been abandoned over the years. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right-of- Nay to be abandoned, 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 - No objection Public Works/Utilities - No objection Planning and Zoning - No objection PUBLIC UTILITY COMPANIES Florida Power and Light - Approval BellSouth - Approval with conditions (see Exhibit "C") Florida Public Utilities Company - Approval Cable Company (Comcast) - Approval with conditions (see Exhibit "C") RECOMMENDATION Staff has determined that the subject alley no longer serves a public purpose and that a number of alleyway segments have already been abandoned in the immediate vicinity. Therefore, staff recommends that the request to abandon the above-described segment of 10-foot wide alley be approved, subject to the comments included in Exhibit "C" - Conditions of Approval. Any conditions required by the Planning and Development Board and the Commission will be placed in Exhibit "C" - Conditions of Approval. S:IPlanningISHAREOIWPIPROJECTSIC,ty TOWIng 510 NE3rd StreetlABANlStsff Report (City Towmg ABAN),doC Exhibit "A" - Site Location Map LUAR 07-003 - City Towing NE 5TH AVE l- V,) 0 cr (") LLI ~ NE 4TH AVE l'_ . N 30 15 0 30 60 90 120 w4tE ~- I Feet S EXHIBfT B ... r8 T N.t:. 3RO' STREET I (4USTR4U4H eOULEV4RO _ PLAT) N I . > (50' RIGHT or 1V4Y) '-'! ~ ....~!2-1 !'l~ i':8~~i':~;; ~~~~''-'''''" ....., , i".og e <;! o. , . _ __ __ _ _ C;!li!!:i~;ll .. ~~~;;l; ~ ~ S ~ 9 ~ ~ ~o ." 170..36 . ',_ 16.3.2' . _, "..",...... i!:!l:iE <::> ~.., > ~ m- 0 I iho.' "~...' ~ _" ~"o ~ ~ _ ~ "-., !;cil:iilIJi" <!~i!c;; -< gj ~ 5 ~ ." S Z El .. "I ... , " > " " _ " '~.i!, \!: ."1. c .. ~ < ~ ~ >:" " < _.~.." '.'", "'.. < 0" -'. 'I;" I "'" " ;;!l!!~d i "I.. < ~ g ~ ~ ~ < . ~ _" . _ _. _. . ..". . "S'". · "'." o~ "zomgl; - . '" ".. '_'__ S oi..., "I's ~.. >."." < = ....<sr~'"sI , : 'e, :"il...: o. 0"" - "-_ 4, -- . <.n I a!~'o. 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" = . . ~ 0 ) gal7\: co --i . ."1- .... "~... ~ ~ . c: ".. ".." 0 0 .h , .~;" · =; < . ". '" ro ~ "'" -.0.' ro , ~ 0 1= ..... 0 -" 0 -< ~ - -< ~ Z t:l <Xl Z 'z'.. "-i '" I ~ -i "0" ~ I 0 o;! '" 0 IO'~' &l Z ~ . Z ,_,. ,. . . . " . " o. -. '~ . ' r ~ 0.._ I r :!i " · 0 r '.~ ,. '. - ,. "-. -, 0 .. , ,,- , "0 . '"' · I.. .... I I'V\ ':' ~ \ -. .- ~ ~ !.! . .. ,: , . ~ ' I .~ .. .. .. ; ., "" "" ~ <D' ~ 'f! r I 0" ~ ...i... t Z;j .., C 0-- _, ". .0 "e, , ". l.. ~ ". <00' _ ~..O . .: ~ )> 'n g , o ~ " ~""N '. · " 0 ~'l" ~ . 0 )> fTl_ ..,...., ;:;l - 1J:Z:0 !'?:!2. .. 11 )> IJ )> ~~~'1 - '" r- IJ F "r- 0 o q s::: r- )> ,., ;:;lz... -;:;. )> :::0 -< a::!=,,,, ~ m -; ^ r- ~.. ~ 8 fTl :::: "';:;z ..... )> m )> ~ g:~ b ... '" () 0 0 _ "'z ~ ~ :r 0 0 ~ u;:~ r- ~ ^ ::::! ~ ~g~ ~ a:: () 0 ,., ..:c "" g N :z: ~ (");:1 " :z: r- !') -;IJ-;~ t.n -<)>0 o v C')m~ :z: j'6 ..., fTl 0 R- <:)~ 51O-<r- "z :::0 CTl ~ ~ 10')_ 0 ~:z: 2 :z::e; oP .-- I ..., <:) r- 1O )> Ui EXHIBIT "C" Conditions of Approval Project name: City Towing File number: ABAN 07-002 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X i FIRE ,_._,-- Comments: None X i POLICE Comments: None I X I ENGINEERING DIVISION I I i Comments: None X I BUILDING DIVISION \ Comments: None X \ PARKS AND RECREATION i I Comments: None X i ,\ FORESTER/ENVIRONMENT ALIST II ! Comments: None X I PLANNING AND ZONING \ 1. The applicant shall provide evidence of compliance with the request from X II Comcast to preserve the existing pole line and provide for any necessary II __L-..----J easements as required. Conditions of Approval City Towing (ABAN 07-002) 12 DEPARTMENTS I INCLUDE I REJECT I The applicant shall provide written evidence that the proposed abandonment in no way interferes with Bell South's existing infrastructure and/or operations and provide for any necessary easements as required. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I I II 1. To be determined. I S:IPlanning\SHAREDI WPIPROJECTS\City Towing 510 NE3rd Street\ABAN\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: City Towing APPLICANT'S AGENT: Dave Beasley APPLICANT'S ADDRESS: 2385 SW 13th Terrace, Boynton Beach, Florida 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 1, 2008 TYPE OF RELIEF SOUGHT: Request to abandon a ten (10) foot wide alley located between 510 N.E. 3rd Street and 410 N.E. 5th Street, lots 46 and 47 of the Arden Park Addition plat. LOCATION OF PROPERTY: Between 510 N.E. 3rd Street and 410 N.E. 5th Street, east of NE 3rd Street 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 "0" 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\City Towing 510 NE3rd Street\ABAN\DO,doc XII. - LEGAL - 2nd Reading Non-Development ITEM B.l CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 15,2008 March 31, 2008 (Noon) 0 June 17,2008 June 2, 2008 (Noon) o May 6. 2008 April 14, 2008 (Noon) l'8J July 1.2008 June 16,2008 (Noon) o May 20.2008 May 5. 2008 (Noon) 0 July 15,2008 June 30, 2008 (Noon) o June 3, 2008 May 19,2008 (Noon) 0 August 5, 2008 July] 4.2008 (Noon) ("') o Announcements/Presentations 0 City Manager's Report 0 n=t NA TURE OF 0 Administrative 0 New Business ~ ~6 AGENDA ITEM 0 Consent Agenda l'8J Legal fie Q "T'1 N ' or o Code Compliance & Legal Settlements 0 Unfinished Business UI ~~ o Public Hearing 0 .. ~~ :::II: 00 CO .." Z .. ..",m r ~ ...'.. RECOMMENDA nON: Prior to consideration and adoption of Ordinance 08-017 and the Initial Fire Assessmeilt'Ratr'1 Resolution, staff has asked GSG, Inc. to present the assessment program to the Commission. EXPLANATION: Our Fire Assessment study consultants Government Services Group, Inc. will present an overview of the proposed assessment program for FY 2008/09. A copy of the power point presentation is attached (Exhibit A). Also attached (Exhibit B) is a photocopy of the Fire Assessment Memorandum -Dated June 2008 as prepared by GSG, Inc. and previously distributed to the Commission at the June 17,2008 Commission meeting. Lastly, Exhibit C illustrates our current rates along with several rate scenarios. This information was distributed at the June 17th meeting as well. 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CD - =E ;:j Q) ao. .-+ - 51 ;:j OJ ~ CD .-+ c: >< "-;:: ~ " Q. 0 CD I>> =E 3 ;:j "0 n .-+ OJ .. c: "-;:: 0 Q. 0 =E .... ;:j --- --- --- c- ~ ~ ~ ~ 0 0) CJ1 CD (;J ~ ~ 00 ~ CD ~ CD ~ CD (;J 0) 51 --- --- --- --- -fA. " -fA. (;J .. 'c::r3 ~ ,- "- """ ~ -. c ~ .. . .~ 00 00 :t- O 00 CJ1 ~-.- ~ 3 ~ CD 0 ::I ~ ~ 0) c 00 CD :::I fI) --- r+ ....._-_--..,,-."-~, [,J'3 EXHIBIT B City of Boynton Beach Fire Assessment Memorandum JUNE 2008 . Presented by: ~~. Government Services Group, Inc. 1500 Mahan Drive, Suite 250 Tallahassee, Florida 32308 (850) 681-3717 (850) 224-7206 Fax T able of Contents EXECUTIVE SUM MARy....................... .................... ........,.. ...... .................. ............. ........ .... ....... ,...... ............, "..... i ASSESSM ENT REPORT ................................. ...... ..... ...... ........ .......... .... ...... .............. .... ........., ,............. ....,.,..,.... ...1 SERVICE DESCRIPTION AND ASSESSABLE COST CALCULATIONS ....................................................................3 DETERMINATION OF FIRE RESCUE SERVICES DEMAND ........................................................................"....., 13 COMPUTATION OF FIRE RESCUE ASSESSMENTS .....................................................................................,..,...15 IMPLEMENTATION - PHASE II .........................................."...........................................................,.........,...,.. ..... 24 Government Services Group, Inc. List of Tables Table 1- Cost Apportionment (FY 2008-09) ..................................................................................................... iii Table 2 - Fire Department Building/Facility Inventory ......................................................................................3 Table 3 - Boynton Beach Fire Rescue Department Organizational Chart 2008 .............................................4 Table 4 - Fire Department Apparatus Minimum Staffing Requirements .........................................................5 Table 5 - Fire Department Apparatus Fire Flow.................................................................................................5 Table 6 - Fire Department Minimum Response Protocol .................................................................................6 Table 7 - Fire Assessable Cost Calculations (FY 2008-09) ............................................................... ...............10 Table 8 - Fire Calls by Category (Calendar Year 2007) ................................. ....................................................14 Table 9 -- Cost Apportionment (FY 2008-09) .....................................................................................................16 , Table 10- Parcel Apportionment within Property Use Categories ....................................................................16 . !~.. Table 11 - Parcel Apportionment Residential Property Use Category ..............................................................17 , Table 12 - Parcel Apportionment Non-Residential Property Use Category ......................................................18 Table 13 - FY 2008-09 Preliminary Fire Assessment Rates (100% of Assessable Costs = $11,005,625 Gross Revenues) ...............................................18 Table 14 - FY 2008-09 Preliminary Fire Assessment Rates (75% of Assessable Costs = $8,254,219 Gross Revenues) ....................................................18 Table 15 - FY 2008-09 Preliminary Fire Assessment Rates (50% of Assessable Costs = $5,502,813 Gross Revenues)....................................................19 Table 16 - FY 2008-09 Preliminary Fire Assessment Rates (25% of Assessable Costs = $2,751,406 Gross Revenues) ....................................................19 Table 17- Estimated Impact of Exemptions (FY 2008-09) (100% Funding) ...................................................21 Table 18 - Estimated Impact of Exemptions (FY 2008-09) (75, 50 & 25% Funding).....................................21 Ta ble 19 - Critica I Events Sched u Ie ....... ...................... ....... ........... ...... .......... .................. ........ .............. ............ 25 Government Services Group, Inc. Appendices Appendix A - Situation Found Codes & Descriptions Appendix B - Fixed Property Use Codes & Descriptions Appendix C - Department of Revenue Property Use Codes & Descriptions Appendix D - Palm Beach County Property Appraiser Building Improvement Codes & Use Descriptions Government Services Group, Inc. Executive Summary INTRODUCTION The City of Boynton Beach (City) has entered into a professional services agreement with Government Services Group, Inc. (GSG) to provide specialized services in the development and implementation of a non-ad valorem assessment program to fund fire services within the incorporated areas of the City (Fire Assessment Project). The City retained Nabors, Giblin & Nickerson, P.A. (NG&N) to provide legal guidance on the study. Government Services Group, Inc. (GSG) specializes in government finance and taxation issues by working with cities, counties, special districts and state agencies to develop unique funding and service delivery solutions for critical infrastructure and service needs. GSG has developed extensive experience in structuring and implementing alternative revenue sources in Florida. NG&N is a law firm dedicated to the representation of local governments on issues of finance and taxation. Both firms have developed extensive experience in structuring and implementing alternative revenue sources in Florida. The objective of the Fire Assessment Project was to develop and implement an annual assessment program to fund the City's provision of fire services (Fire Assessment). The annual assessment will, subject to City Commission approval, be collected by using the property tax bill beginning in November 2008. This document is the Fire Assessment Memorandum (Assessment Memorandum), which is one of the project deliverables specified in the scope of services. The work effort, documented by this Assessment Memorandum, focused on the calculation of assessment rates and classifications required to fully fund the identified assessable costs to provide fire services within the City for Fiscal Year 2008-09. However, the City has the choice of funding all or only a portion of the assessable costs based on policy direction. In addition, the work effort recorded in this Assessment Memorandum required the identification of the full costs of assessable fire services (minus all revenues) and the allocation of those costs to properties that specially benefit from the provision of such fire services. Currently, fire services provided within the City are funded by the General Fund and a >~ fire rescue non-ad valorem assessment. The City's non-ad valorem fire assessment, pursuant to , Ordinance 01-5'6, funds a portion of the City's fire rescue services, facilities and programs. The current fire rescue assessment expires on September 30, 2008. OBJECTIVES The City retained GSG to develop an annual recurring special assessment program so that it is capable of funding all of the assessable costs associated with providing fire services. Commencing with Fiscal Year 2008-09, subject to City Commission approval, the fire assessment will be collected using the property tax bill collection process provided in section 197.3632, Florida Statutes (Uniform Method). Because the fire assessment will be collected using the Uniform Method, the data available on the ad valorem tax roll will be used to develop the Fiscal Year 2008-09 assessment program, as well as the subsequent years' programs. Accordingly, the challenge for the City is to develop a non-ad valorem assessment program which uses property information that is or will be on the ad valorem tax roll. To this end, GSG has been charged to fully cost the services to be provided by the City, develop a fair and reasonable apportionment Government Service. Group, Inc. I i methodology for such assessable costs, and determine assessment rates and parcel classifications that are accurate, fair and reasonable. The fire non-ad valorem assessments must meet the Florida case law requirements for a valid special assessment. These requirements are: 1. The service provided must confer a special benefit to the property being assessed; and 2. The costs assessed must be fairly and reasonably apportioned among the properties that receive the special benefit. The work effort of this project required the evaluation of data obtained from the City, Palm Beach County, and from the State Fire Marshal's database to develop a fire assessment program based on Fiscal Year 2008-09 assessable cost calculations. The objectives of this initial effort were to: . Determine the full costs of providing fire services within the City. . Review such final cost determination with the City to determine which elements provide the requisite special benefit to the assessed properties. . Determine the relative benefit anticipated to be derived by categories of property use within the City from the delivery of fire services. . Recommend the fair and reasonable apportionment of assessable costs among benefited parcels within each category of property use. . Calculate assessment rates and parcel classifications for Fiscal Year 2008-09 based on the proposed Fiscal Year 2008-09 assessable cost calculation. . Ensure that the recommended assessment rates and parcel classifications conform to the statutory requirements of the Uniform Method. APPORTIONMENT METHODOLOGY The calculation of assessment rates for fire services depends on three separate, but interconnected, pieces of data. The first data element is the identification of the full cost of providing fire services through the development and determination of the assessable costs of providing such services. The second data element is the analysis of service delivery data, segregated to property use categories (Le.. fire call data). The third and final data component is a comprehensive analysis of all property use categories within the City to determine which parcels receive a special benefit from the provision of fire services and to identify a fair and reasonable method of apportioning the assessable costs among all benefited parcels within each property use category. The recommended fire services apportionment methodology allocates assessable costs on the basis of the anticipated demand for fire services by categories of real property use as identified on the real property assessment roll prepared for the levy of ad valorem taxes. The assessable fire costs are allocated among real property use categories based upon the historical demand for these services. This demand is identified by examining the fire incident data as reported by the City to the State Fire Marshal's office. .-- Government Services Group, Inc. I ii PRELIMINARY ASSESSMENT RATES AND CLASSIFICATIONS Table 1 details the preliminary fire assessment rates on a per dwelling unit or square footage basis for Fiscal Year 2008-09 at 100 percent of the assessable cost calculations. Table 1 FY 2008-09 Preliminary Fire Assessment Rates (100% of Assessable Costs .. $11,005,625 Gross Revenues) Residential Property Use Categories Rate Per Dwelling Unit Residential $194.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.43 Industrial/Warehouse $0,10 I nstitutiona I $0.48 Nursing Home $1.07 *Estimated Gross Revenue: $11.005.625; Estimated Exempt Buy-down: $1,382,243; Estimated Net Revenue: $9.623.382 Tables 14, 15 and 16 provide additional rate scenarios at 75, 50 or 25 percent of the total assessable costs of providing fire services. The net revenue generated from the application of these rates will require the application of revenues from other available revenue sources to fund exemptions as will be discussed in the Outstanding Issues section of the Assessment Memorandum. '... , Government Services Group, Inc. I iii Assessment Report OBJECTIVES The City retained GSG to develop an annual recurring special assessment program so that it is capable of funding all of the assessable costs associated with providing fire services. Commencing with Fiscal Year 2008-09, the fire assessment will be collected using the property tax bill collection process provided in section 197.3632, Florida Statutes (Uniform Method). Because the fire assessment will be collected using the Uniform Method, the data available on the ad valorem tax roll will be used to develop the Fiscal Year 2008-09 assessment program, as well as the subsequent years' programs. Accordingly, the challenge for the City is to develop a non-ad valorem assessment program which uses property information that is or will be on the ad valorem tax roll. To this end, GSG has been charged to fully cost the services to be provided by the City, develop a fair and reasonable apportionment methodology for such assessable costs, and determine assessment rates and parcel classifications that are accurate, fair and reasonable. The fire non-ad valorem assessments must meet the Florida case law requirements for a valid special assessment. These requirements are: 1. The service provided must confer a special benefit to the property being assessed; and 2. The costs assessed must be fairly and reasonably apportioned among the properties that receive the special benefit. The work effort of this project required the evaluation of data obtained from the City, Palm Beach County, and from the State Fire Marshal's database to develop a fire assessment program based on Fiscal Year 2008-09 assessable cost calculations. The objectives of this initial effort were to: . Determine the full costs of providing fire services within the City. . Review such final cost determination with the City to determine which elements provide the requisite special benefit to the assessed properties. . Determine the relative benefit anticipated to be derived by categories of property use within the City from the delivery of fire services. . Recommend the fair and reasonable apportionment of assessable costs among benefited parcels within each category of property use. . Calculate assessment rates and parcel classifications for Fiscal Year 2008-09 based on proposed Fiscal Year 2008-09 assessable costs calculation. . Ensure that the recommended assessment rates and parcel classifications conform to the statutory requirements of the Uniform Method. Government Services Group, Inc. I 1 APPORTIONMENT METHODOLOGY The calculation of assessment rates for fire services depends on three separate, but interconnected, pieces of data. The first data element is the identification of the full cost of providing fire services through the development and determination of the assessable costs of providing such services. The second data element is the analysis of service delivery data, segregated to property use categories (i.e., fire call data). The third and final data component is a comprehensive analysis of all property use categories within the City to determine which parcels receive a special benefit from the provision of fire services and to identify a fair and reasonable method of apportioning the assessable costs among all benefited parcels within each property use category. The recommended fire services apportionment methodology allocates assessable costs on the basis of the anticipated demand for fire services by categories of real property use as identified on the real property assessment roll prepared for the levy of ad valorem taxes. The assessable fire costs are allocated among real property use categories based upon the historical demand for these services. This demand is identified by examining the fire incident data as reported by the City to the State Fire Marshal's office. .~" Government Services Group, Inc. I 2 Service Description and Assessable Cost Calculations SERVICE DESCRIPTION The Boynton Beach Fire Rescue Department facilities inventory is comprised of four stations.1 Table 2 identifies the Fire Department's Building/Facility Inventory, as well as the corresponding physical location address for the facility. Table 2 Fire Department Building/Facility Inventory Station Address Station 1 100 East Boynton Beach Blvd. Station 2 2615 West Woolbright Road Station 3 3501 North Congress Ave, Station 4 1919 S. Federal Highway Source: City of Boynton Beach The Fire Department provides standard fire suppression, advanced life support, emergency medical services transport, extrication, rescue operations, search and rescue, state disaster response, emergency management and disaster preparedness, fire prevention, and training and safety education. The City has entered into a statewide mutual aid agreement to provide assistance during emergencies and disasters. The City has a mutual aid agreement with the City of Boca Raton, City of Delray Beach and Palm Beach County Fire Rescue Department to provide mutual assistance on emergency scenes. There is no monetary compensation for this agreement. The City provides contractual services for fire rescue services to Ocean Ridge, Briny Breezes, Village of Golf and Town of Hypoluxo. The City is compensated for these contractual services. Ocean Ridge, Briny Breezes, Village of Golf and Town of Hypoluxo are all located outside the city limits; these calls were not included in the study. Tables 3 through 6 outline the Fire Department's current service operations and service components. Table 3 outlines the Fire Department's organizational structure. Table 4 describes the minimum staffing for each apparatus. This information is used in the development of the Administrative Factor, as further discussed in the "Development of Factors" section of this Assessment Memorandum. Table 5 lists the location and the fire flow/pumping capacity of the Fire Department's apparatus. This information is used to determine the square footage cap for non-residential properties. Table 6 details the Fire Department's response protocol. 1 The City has an additional fire station (Station 5) which is in the early stages of construction and scheduled to open in June 2009. Station 5 is located at 2080 High Ridge Road. 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A ~ Table 4 Fire Department Apparatus Minimum Staffing Requirements Apparatus Minimum Staffing Engine 3 Rescue 3 Truck3 3 Special Ops 3 Source: City of Boynton Beach Table 5 Fire Department Apparatus Fire Flow Apparatus Location Fire Flow (GPM) 2003 Pierce Quint Station 1 1500 gpm 2006 Medtec Station 1 2007 Medtec Station 1 1999 Pierce Quint Station 2 1500 gpm 1992 K.M.E, Pumper Station 2 Reserve 1999 Trailer for SjE Cart Station 2 1999 Special Event Cart Station 2 2003 Medtec Station 2 Reserve 2004 Medtec Station 2 2004 Pierce Pumper Station 3 1500 gpm 2008 Sutphen Aerial Ladder Station 3 2004 Medtec Station 3 2000 Pierce Heavy Rescue Station 3 1988 Wells Fargo Trailer Station 3 2001 Pierce Quint Station 4 1500 gpm 1993 K,M.E, Pumper Station 4 Reserve 2001 Wheeled Coach Station 4 Reserve 2007 Medtec Station 4 Source: City of Boynton Beach The current pumping capacity is defined as the combined amount of water that all personnel and primary apparatus in the Fire Department can pump to a first alarm, non-residential fire in gallons per minute (GPM). Based on the primary apparatus detailed in Table 5 and the available personnel, the effective pumping capacity of the City's Fire Department is 6,000 GPM. Accordingly, based on NFPA Uniform Fire Code (2006 Edition), Annex H, Table H.5.1 (assuming ordinary construction), the Fire Department currently has sufficient fire-flow capacity to provide service coverage in the event of a structure fire involving 77,001 square feet. Therefore it is reasonable and appropriate to place a cap on the square footage of non-residential structures of 77,001 square feet. Government Services Group, Inc. I 5 Table 6 Fire Department Minimum Response Protocol TYPE RESPONSE Fire Alarm Only . Zone Engine Structure Fire: First Alarm . Shift Commander (Echo 1) . Zone Engine 1. Single Family Residence . Zone Rescue . Truck Three . Special Ops . Shift Commander (Echo 1) . 2nd Engine 2. Commercial, Multi-family, Industrial, . Zone Engine Target Hazards, and building . Zone Rescue equivalent to three or more stories . 2nd Rescue . Truck Three . Special Ops Structure Fire: Second Alarm . Second Engine 1. Single Family . Second Rescue 2. Commercial, Multi-family, Industrial, . Third Engine Target Hazards, and building . Third Rescue equivalent to three or more stories Structure Fire: Third Alarm . Deputy Chief of Operations (Car 3) . Mutual Aid Move-up - Location to respond to by Battalion Chief request . PBCFR or Delray Fire Rescue will be contacted - depending on location needed . Safety Officer (Division Chief of Training) and PIO to be notified High Rise Buildings: First Alarm . Battalion Chief . 3 - Engines . 3 - Rescues .~.} . Truck Company . , . Shift Captain High Rise Buildings: Second Alarm . Deputy Chief of Operations . 3 - Engines . 3 - Rescues . Truck Company . Chief of Training . Mutual aid units . Breathing air support vehicle/trailer . PIO Brush Fire: First Alarm . Zone Engine Brush Fire: Second Alarm . Squad 3 . Shift Commander . Zone Rescue Brush Fire: Third Alarm . Mutual Aid Brush Truck from PBCFR Vehicle or Boat Fire: First Alarm . Zone Engine . Zone Rescue Vehicle or Boat Fire: Second Alarm . 2nd Engine Government Services Group, Inc. I 6 TYPE RESPONSE . Shift Commander (Echo 1) Dumpster/Trash Fire (Known to be outside of . Zone Engine building - non-attached)* EMS First Out Responses BLS Calls . Zone Engine . Ambulance (by unit request) ALS Calls Zone Rescue (Assign Zone Engine with Rescue for critical EMS calls (e,g, cardiac or respiratory arrest, major trauma, etc.) EMS Second Out Response BLS Calls . Zone Rescue . Ambulance (by unit request) ALS Calls Zone Rescue (Assign Zone Engine with Rescue for critical EMS calls (e,g. cardiac or respiratory arrest, major trauma, etc.) Accidents: MVA . Zone Rescue(s) . Zone Engine(s) . Shift Commander (at his/her discretion) . Ambulance (by unit or Shift Commander request) . Special Operations Vehicle (at Shift Commander's discretion) Hazardous Materials, Building Collapse, and . Zone Engine Special Operations . Zone Rescue . Special Operations . Shift Commander . Safety Officer * If attached to structure, refer to structure response Source: Boynton Beach Fire Rescue Department DEVELOPMENT OF FACTORS FIRE RESCUE v. EMERGENCY MEDICAL SERVICES In June 2000, litigation over the City of North Lauderdale fire rescue assessment program resulted in a decision by the Fourth District Court of Appeals in the case of SMM Prooerties, Inc. v. Citv of North Lauderdale, (the "North Lauderdale" case). The Fourth District Court of Appeals concluded that emergency medical services (EMS) did not provide a special benefit to property. The Court, however, reaffirmed that fire suppression, fire prevention, fire/building inspections and first response medical services do provide a special benefit to property. In August 2002, the Florida Supreme Court upheld the decision of the Fourth District Court of Appeals. To address these concerns, GSG has developed a methodology that removes the costs associated with emergency medical services. The apportionment methodology only utilizes fire incident report data related to non-EMS calls. The projected Fiscal Year 2008-09 departmental costs were allocated between fire rescue and emergency medical services because of the Florida Supreme Court's opinion in Citv of North Lauderdale v. SMM Prooerties that emergency medical services (above the level of first response) does not provide a special benefit to property. Accordingly, the fire rescue costs were split from emergency medical service costs based on the following general guidelines. Government Services Group, Inc. i 7 DIRECT ALLOCATIONS To the extent that certain line items could be allocated directly to fire, direct allocations were made. All costs directly related to fire such as "Fire Extinguisher Service," "Safety Clothing/Equipment," "Hardware/Toofs" and "Fire Prevention Supplies" were totally allocated to fire. All costs directly related to emergency medical services were removed entirely. ADMINISTRATIVE FACTOR Certain line items were allocated between fire and EMS based on an Administrative Factor. This Administrative Factor is derived by creating a ratio between non-EMS or fire personnel and total combat personnel across all shifts within a 24-hour period. On average, under typical staffing, the City has 23 non-EMS personnel and 18 EMS personnel, for a total of 41 combat personnel. This normal staffing yields a 56.1% non-EMS Administrative Factor. The Administrative Factor was then adjusted to account for any expenses directly related to fire prevention. The number of fire prevention positions across all shifts within a 24-hour period is added to the total fire combat personnel for the same 24-hour period. The ratio of these total positions to the total number of combat positions across all shifts within a 24-hour period results in an adjustment to the Administrative Factor. The City's adjusted Administrative Factor for non-EMS is 59.7%. This percentage was then applied to all applicable line items to allocate the costs that could not be directly allocated as fire costs or EMS costs, and that could not be operationally allocated. For example, an adjusted Administrative Factor was applied to the personnel expenditures for salaries and benefits, and the line item expenditures for "Electric Services," "Employee Recognition," and "Office Supplies" to determine the fire service costs of these line items. OPERATIONAL FACTOR Other assessable cost line items may also be allocated between fire and EMS based on an Operational Factor. The' Operational Factor is derived by creating a ratio between non-EMS (i.e. fire) calls and EMS calls, and t~is ratio which is based on the Fire Rescue Department's operations, was applied to certain budget line items such as "Equipment Maintenance" and "Vehicle Service Costs." To develop the Operational Factor for the City, GSG obtained fire rescue incident data identifying the number of fire rescue calls made to property categories within the City over a one-year period (calendar year 2007). The City fire rescue incident data was used to determine the demand for fire rescue services. The State Fire Marshal's office uses the Florida Fire Incident Reporting System (FFIRS). This system is a tool for fire rescue departments to report and maintain computerized records of fire rescue incidents and other department activities in a uniform manner. Under this system, a series of basic phrases with code numbers are used to describe fire rescue incidents. Appendix A provides a codes list for the "type of situation found" as recorded on the fire rescue incident reports used to identify EMS and non-EMS calls. The ratio between non-EMS (i.e. fire) calls and EMS calls is then applied to all applicable line items to allocate the costs that could not be directly allocated as fire costs or EMS costs, and that could not be administratively allocated. For the one-year period (Calendar Year 2007), the City reported 11,093 total fire rescue incident calls to FFIRS, of which 2,945 were non-EMS (i.e. fire) calls and 8,148 were EMS calls. This information results in a 26.55% non-EMS Operational Factor. Government Services Group, Inc. I 8 ASSESSABLE COST CALCULATIONS The assessable cost calculations for Fiscal Year 2008-09 are based on the following assumptions for the purpose of this Assessment Memorandum. . The City provided the actual adopted FY 2007-08 fire rescue budget. . Unless more accurate information was available, a 4.5 percent annual increase was applied across all line items in the Fiscal Year 2007-08 budget to create the proforma budget for Fiscal Year 2008- 09. . Revenues are shown as a reduction of the total projected expenditures, thereby reducing the total assessable costs. Revenues received from fire inspections and plan review fees were allocated directly to fire. Revenues received from Ocean Ridge, Briny Breezes, Village of Golf, and Hypoluxo were applied the administrative factor since the services provided are for both fire protection and EMS. . The line item "Statutory Discount" under "Miscellaneous Assessment Expenditures" reflects a 95% collection of the Fire Assessment to cover the 4% statutory discount allowed by the Uniform Method and 1% reserve for under collection. Accordingly, the statutory discount is budgeted at 5% of the total assessable costs. . The line item "Study Reimbursement" under "Miscellaneous Assessment Expenditures" is the reimbursement to the City for the cost of conducting the assessment study. These costs are reimbursable through the assessment program. . The line item "PA TRIM Costs" is the Property Appraiser's cost for including notice of the fire assessment on the TRIM notice. . Pursuant to section 197.3632, Florida Statutes, the tax collector and property appraiser may each enter into an agreement with the local government for reimbursement of necessary administrative costs incurred from the collection of the non-ad valorem assessment. Accordingly, if any such fee(s) is charged, the fee may be recouped as an add-on to the total assessable costs for the year. The line item "Collection Costs (Tax Collector)" under "Miscellaneous Assessment Expenditures" reflects reimbursement for the collection costs associated with the non-ad valorem assessment incurred by the Tax Collector. Pursuant to section 197.3632, Florida Statues, a municipal or county government shall only compensate the tax collector for the actual costs of collecting the non-ad valorem assessment. The applied collection charge is estimated to be adequate to cover the Tax Collector's actual collection costs. Government Services Group, Inc. I 9 Table 7 shows the projection of the full cost of the fire assessment program for Fiscal Year 2008-09 based on the above assumptions. Table 7 Fire Assessable Cost Calculations (FY 2008-09) FY 2008-09 FY 2007-08 Approved FIscal Year 2007-08 Proforma Budget Assessable Budget Assessable Budget EXPENDITURES PERSONNEL SERVICES Regular Salaries/Wages 9,965.492 5,949.399 6.217.122 Holiday Pay 372.780 222.550 232.564 Holiday Bonus 1,296 774 809 Overtime 463,250 276.560 289,005 Reimbursable Overtime 10,000 5,970 6,239 Car Allowance 7.365 4,397 4,595 Incentive Pay 39.450 39.450 41,225 New Personnel/Reclass 0 0 0 Employer FICA 845.440 504.728 527.440 General Employees Pension 113.423 67.714 70.761 Firefighters Pension 2,074.830 2,074,830 2.168,197 Deferred Comp 14.500 14,500 15,153 Life Insurance 27,063 16,157 16.884 Disability Insurance 9.859 5.886 6,151 Health Insurance 843.192 503,386 526.038 Firefighters' suppl insurance 161,227 161,227 168.482 Dental Insurance 61,740 36,859 38,517 Vision Insurance 8,085 4,827 5.044 TOTAL PERSONNEL SERVICES 15,018,992 $9,889,211 10,334,226 OPERATING EXPENSES , Medical Director 24.504 0 0 Fire Dispatch Costs 131.808 131.808 137,739 ,~ Other Professional Services , 25.000 14.925 15,597 Audit Fees 4,300 2,567 2.683 Business Meetings 32.450 19,373 20.244 Cellular Phone/Beeper 42.000 25,074 26,202 Electric Service 95,000 56.715 59,267 Water/Sewer Service 2.500 1.493 1,560 Fuel/Propane 2,500 1.493 1,560 Copy Machine Rental 14,500 8.657 9.046 PIT Accident Insurance 4,500 2,687 2.807 Equipment Maintenance 43.430 11,531 12.050 Fire Extinguisher Service 0 0 0 Computer Maintenance 2.000 1,194 1.248 Vehicle Service Cost 205.660 54,603 57.060 Software Maintenance 23.612 14.096 14,731 Printing & Binding 9,200 5.492 5.740 Employee Recognition 3.500 2,090 2.184 Wellness Program 4,500 4.500 4,703 Self Insurance Charges 180.945 108.024 112.885 Warehouse Service Charge 24.450 14.597 15.253 Government Services Group, Inc. I 10 FY 2008-09 FY 2007-08 Approved Fiscal Year 2007-08 Proforma Budget Assessable Budget Assessable Budget Recruiting Expense 5,000 5,000 5,225 Other Contractual Services 71,400 18,957 1.9,810 Licenses, Fees & Permits 400 239 Office Supplies 25,000 14,925 15597 Computer Software < $750 4,600 2,746 2,870 Supplies 4,300 2,567 2,683 OPR Equipment < $750 28,197 16,834 1.7,591 Chemicals & Lab Supplies 2,000 2,000 2,D9O Uniforms 69,000 41,193 /13,047 Safety Clothing/Equipment 49,000 49,000 ~_;1.,,20!:1 Janitor Supplies 26,000 15,522 :,6,220 Hardware/Tools 9,750 9,750 1 (:,1.89 Fire Prevention Supplies 15,000 15,000 15,6:'C' Medical Supplies 170,000 0 Suppression Equipment/Supply 29,700 29,700 3:.037 Radio Batteries/Supplies 21,000 5,576 5,826 Training Aids 3,500 2,090 184 Honor Guard L750 1,045 1.092 Miscellaneous Supplies 2,500 1.493 1.560 Books and Publications 7,450 4.448 1.648 Memberships 4,525 2,701 2.823 Training 144,700 86,386 90,273 Recertification 23,300 13,910 ',4,536 New Personnel/Supplies 2,600 2,600 L:.717 TOTAL OPERATING EXPENSES 1,597,031 $824,596 861,703 CAPITAL OUTLAY Building Improvements 0 0 Grounds Improvements 0 :J General Equipment 13,600 8,119 8,485 Safety Equipment 270,000 270,000 282.150 Fire Special Ops Equipment 9,900 9,900 10.346 Computer Software 9,000 5,373 '5.615 Computer Equipment 18,750 11,194 L697 Furniture & Fixtures 0 (I Offices Machines/Equipment 0 CJ Communication Equipment 22,000 13,134 13,725 Paramedic Equipment 25,400 (] Automotive Accessories 1,500 1,500 1.568 New Personnel - Capital 13,600 8,119 8,485 TOTAL CAPITAL OUTLAY 383,750 $327,339 342,069 NON-OPERATING EXPENSES Transfer to Self Insurance 0 0 Transfer to Grants - Match 70,000 70,000 73,150 Transfer/Vehicle Service Fund 0 0 0 TOTAL NON-OPERATING EXPENSES 70,000 $70,000 73,150 TOTAt._PENDITURES $17,069,773 $11,111,146 11,611,148 -_._-,~ Government Services Group, Inc. 1 11 FY 2008-09 FY 2007-08 Approved FIscal Year 2007-08 Proforma Budget Assessable Budget Assessable Budget REVENUES Fire Inspections 312,228 312,228 326,278 Plan review fees 291,914 291,914 305,050 Ocean Ridge Interlocal Agreement 739,798 441,659 461,534 Briny Breezes Interlocal Agreement 249,236 148,794 155,490 Village of Golf Interlocal Agreement 114,870 68,577 71,663 Hypoluxo Interlocal Agreement 281,733 168,195 175,763 TOTAL REVENUES 1,989,779 $1,431,367 1,495,779 TOTAL EXPENDITURES $17,069,773 $11,111,146 11,611,148 TOTAL REVENUES $1,989,779 $1,431,367 1,495,779 TOTAL NET EXPENDITURES $15,079,994 $9,679,779 10,115,369 MISCELLANEOUS ASSESSMENT EXPENSES Study Reimbursement/Annual Maintenance 58,000 58,000 Mail First Class Notices (30,400 parcels x $1.28) 38,912 38,912 PA TRIM Costs (estimated 30,400 parcels x $.75 + $150) 22,950 22,950 Statutory Discount @ 5% (4% early payment / 1% non-coll) 524,770 548,189 Collection Costs @ 2% (tax collector) 209,908 219,276 TOTAL MISC ASSESSMENT EXPENSES $857,469 890,256 TOTAL ASSESSMENT FUNDING REQUIREMENT $10,537,248 11,005,625 Source: City of Boynton Beach '~ , Government Services Group, Inc. 112 Determination of Fire Rescue Services Demand INCIDENT DATA GSG obtained information from the City in an electronic format, identifying the number and type of fire incident responses by City fire vehicles for calendar year 2007. The City uses the Florida Fire Incident Reporting System (FFIRS) to record its fire incidents. The FFIRS is a tool for fire departments to report and maintain computerized records of fire incidents and other department activities in a uniform manner. Under this system, a series of basic phrases with code numbers are used to describe fire incidents. A data field in the FFIRS, "type of situation found," identifies the incident as an EMS or non-EMS type of call for each incident. Appendix A provides a codes list for the "type of situation found" as recorded on the fire incident reports used to identify EMS and non-EMS calls. Another data field in the FFIRS, "fixed property use," identifies the type of property that fire departments respond to for each fire incident. The fixed property uses correlate to property uses determined by the Palm Beach County Property Appraiser on the ad valorem tax roll. Appendix B provides a codes list for the "fixed property use" as recorded on the fire incident reports. GSG analyzed the 2007 calendar year's fire incident data from the FFIRS files to evaluate trends and determine if aberrations were present. City fire incident data for the 2007 calendar year represents 11,093 fire rescue incidents. Of the 11,093 fire rescue incidents, there were 8,153 incidents classified as EMS type incidents based on the type of situation found indicated on the incident report. The 8,153 EMS type incidents were not included in the analysis. There are certain fire rescue incidents that could not be assigned to a specific property or parcel. These calls represent non-specific type incidents, which are incidents that either could not be correlated to a specific parcel or calls that involved auto accidents and other types of incidents along roads and highways. Of the 2,940 remaining fire type incidents, 2,280 were calls to specific property uses. The remaining 660 incidents were considered non-specific type incidents. Because of the inability to correlate these non-specific type incidents to specific property categories, the call analysis does not include these 660 incidents. Because of the urbanized character of the City, the suppression of fires on vacant land and agricultural property primarily benefits adjacent property by containing the spread of fire rather than preserving the integrity of the vacant parcel. Thus, incidents to vacant and agricultural property were not included in the final analysis of the fire call database. The 43 calls to these two property use categories were removed, Using the fixed property use codes, the remaining 2,237 fire type incidents corresponding to specific properties were initially assigned to the following property use categories: residential, commercial, industrial/warehouse, institutional and nursing home. Incidents to government properties, religious buildings, institutional parcels, and educational properties were aggregated into an "institutional" category. Table 8 outlines the property use category assignment of fire incidents based on the analysis conducted. .- Government Services Group, Inc. i 13 Table 8 Fire Calls by Category (Calendar Year 2007) Category Number of Percentage Incidents of Calls Residential 1,287 57.53% Commercial 550 24.59% Industrial/Warehouse 77 3.44% Institutional 200 8.94% Nursing Home 123 5.50% Total 2,237 100% Source: City of Boynton Beach Fire Department PROPERTY DATA GSG obtained information from the ad valorem tax roll from the Palm Beach County Property Appraiser's office to develop the assessment roll. Each property use within the assessable area on the ad valorem tax roll was assigned to one or more of the property use categories based on their assignment of use by the Palm Beach County Property Appraiser or verification of use obtained through field research. The Property Appraiser assigns a four- digit code based on the Florida Department of Revenue (DOR) property use codes reflected in Rule 120- 8.008, Florida Administrative Code. A listing of DOR codes and associated property description is provided as Appendix C. Further analysis regarding building improvement types was conducted relative to each building's use on a parcel of property based on their assignment of use by the Palm Beach County Property Appraiser or verification of use obtained through field research. A list of building improvement codes used by the Palm Beach County Property Appraiser is provided as Appendix D. For parcels assigned to the Residential Property Use Category, GSG utilized the total number of dwelling units within the City.as determined from the building files on the ad valorem tax roll or through the use of field research. . '...' , For parcels within the Non-Residential Property Use Category (commercial, industrial/warehouse, institutional, and nursing home), GSG utilized the amount of square footage of the non-residential structures as determined from the building files on the ad valorem tax roll or through the use of field research to determine the building use. Government Services Group, Inc. I 14 Computation of Fire Rescue Assessments ASSESSMENT CLASSIFICATIONS This section of the report includes the recommended parcel classifications and preliminary assessment rates as calculated within this Assessment Report. The fire protection assessment cost calculations provided herein are primarily based on information supplied by the City. The assessable cost projections developed by GSG are designed to forecast preliminary assessment rates within each property use category for Fiscal Year 2008-09. SPECIAL BENEFIT ASSUMPTIONS The following assumptions support a finding that the fire services, facilities, and programs provided by the City provide a special benefit to the assessed parcels. . Fire services, facilities, and programs possess a logical relationship to the use and enjoyment of property by: (i) protecting the value and integrity of improvements, and structures through the availability and provision of comprehensive fire services; (ii) protecting the life and safety of intended occupants in the use and enjoyment of property; (iii) lowering the cost of fire insurance by the presence of a professional and comprehensive fire program; and (iv) containing fire incidents occurring on land with the potential to spread and endanger other property and property features. . The availability and provision of comprehensive fire services enhance and strengthen the relatior:ship of such services to the use and enjoyment of the parcels of property, the market perception of the area and, ultimately, the property values within the assessable area. APPORTIONMENT METHODOLOGY The following section describes the recommended assessment apportionment methodology for fire services based on: (i) the fire assessable cost calculations; (ii) the ad valorem tax roll maintained by the property appraiser and the availability of the data residing on the database; and (iii) the fire incident data. COST APPORTIONMENT The Fiscal Year 2008-09 assessable costs calculation was apportioned among property use categories based upon the historical demand for fire services reflected by the fire incident data for the calendar year 2007. This apportionment is illustrated in Table 9. Government Services Group, Inc. I 15 Table 9 Cost Apportionment (FY 2008-(9) Category Number of Percentage Allocation of Assessable Incidents of Calls Costs Residential 1287 57.53% $6.331,801 Commercial 550 24.59% $2.705,898 Industrial/Warehouse 77 3.44% $378.826 Institutional 200 8.94% $983,963 Nursing Home 123 5.50% $605,137 Total 2237 100.00% $11,005,625 PARCEL APPORTIONMENT The share of the assessable costs apportioned to each property use category was further apportioned among the individual buildings of property within each property use category in the manner described in Table 10. Table 10 Parcel Apportionment within Property Use Categories Category Parcel Apportionment Residential Dwelling Unit Non-Residential -Commercial -Ind ustrial/Warehouse Square Footage -Institutional -Nursing Home Applying the foregoing parcel apportionment methodology, fire assessment rates were computed for each property use category. The specific methodology, underlying special benefit and fair apportionment assumptions are included below and generally described. RESIDENTIAL PARCEL APPORTIONMENT ASSUMPTIONS The following assumptions support findings that the parcel apportionment applied in the Residential Property Use Category is fair and reasonable. The Residential Property Use Category includes such properties as single-family dwelling units and multi-family dwelling units. . The size or the value of the residential parcel does not determine the scope of the required fire services. The potential demand for fire services is driven by the existence of a dwelling unit and the anticipated average occupant population. . Apportioning the assessed costs for fire services attributable to the residential property use category on a per dwelling unit basis is required to avoid cost inefficiency and unnecessary administration, and is a fair and reasonable method of parcel apportionment based upon historical fire call data. . The historical demand for fire rescue services for multi-family and single family residential property is substantially similar and any difference in the percentage of documented fire rescue calls to such specific property uses is statistically insignificant. Government Services Group, Inc. I 16 RESIDENTIAL PARCEL APPORTIONMENT CALCULATION Based upon the historical demand for fire services, the percentages of assessable costs attributable to residential properties were calculated. The amount of the assessable costs allocable to the residential property use category was divided by the number of dwelling units in the City to compute the fire assessment to be imposed against each dwelling unit. For each residential parcel, the actual number of dwelling units located on the parcel will be multiplied by the residential dwelling unit rate to compute the residential fire assessment amount for the parcel. Table 11 illustrates the assignment of dwelling units under this apportionment methodology to the Residential Property Use Category. Table 11 Parcel Apportionment Residential Property Use Category Residential Property Use Category Number of Dwelling Units Residential 34,371 Source: Palm Beach Co. Property Appraiser, (2008). NON-RESIDENTIAL PARCEL APPORTIONMENT ASSUMPTIONS The Non-Residential Property Use Category includes commercial, industrial/warehouse, institutional, and nursing home property uses. The capacity to handle fires in Non-Residential Property Use Category is governed by the following: The current pumping capacity is defined as the combined amount of water that all available personnel and primary apparatus in the Fire Department can pump to a first alarm non-residential fire. As outlined by Table 5 above, the pumping capacity for the Fire Department is 6,000 GPM. Accordingly, based on NFPA Uniform Fire Code (2006 Edition), Annex H, Table H.5.1 (assuming ordinary construction), the Fire Department currently has sufficient fire-flow capacity to provide service coverage in the event of a fire involving structures for 77,001 square feet. Therefore, based upon the findings outlined herein, it is fair and reasonable to place a cap on the square footage of non-residential structures of 77,001 square feet. The following assumption supports findings that the parcel apportionment applied in the Non-Residential Property Use Category is fair and reasonable. . The separation of the non-residential buildings by actual square footage is fair and reasonable for the purpose of parcel apportionment because the demand for fire services is determined and measured by the actual square footage of structures and improvements within benefited parcels. NON-RESIDENTIAL PARCEL APPORTIONMENT CALCULATION Based upon the historical demand for fire services, property in the Non-Residential Property Use Category will be responsible for funding a percentage of assessable costs. The amount of the assessable costs allocable to each non-residential parcel will be based upon the aggregate of all non-residential building square footage situated on the parcel. The non-residential assessment rate was determined by multiplying the percent of total fire calls attributable to non-residential property by the total assessable costs. This calculated amount of assessable costs was then divided by the number of non-residential square feet to obtain an assessment per square foot. For buildings containing non-residential improvements over 77,001 square feet, an assignment of improved area of 77,001 square feet was made. Table 12 illustrates the assignment of square footage for parcels under this apportionment methodology in the Non-Residential Property Use Category. Government Services Group, Inc. I 17 Table 12 Parcel Apportionment Non-Residential Property U.e Category Non-Residential Number of Property Use Categories Square Feet Total Commercial 6,296,4 77 Total Industrial/Warehouse 4,057,826 Total Institutional 2,076,262 Total Nursing Home 568,054 Source: Palm Beach Co, Property Appraiser, (2008) COMPUTATION OF FIRE ASSESSMENT RATES Applying the parcel apportionment methodology, fire assessment rates were computed for each specified property use category. Based on the assessable costs of providing fire services, the number of fire calls apportioned to specific property categories and the number of billing units within the specified property categories, Table 13 illustrates the preliminary assessment rates after application of the assessment methodology based on 100 percent funding of the total assessable costs for Fiscal Year 2008-09. Table 13 FY 2008-09 Preliminary Fire Assessment Rates (100% of Assessable Costs .. $11,005,625 Gross Revenues) ResIdential Property Use Categories Rate Per Dwelling Unit Residential $194.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.43 Industrial/Warehouse $0.10 Institutional $0.48 Nursing Home $1,07 *Estimated Gross Revenue: $11,005,625; Estimated Exempt Buy-down: $1,382,243; Estimated Net Revenue: $9,623,382 Table 14 illustrates the preliminary assessment rates after application of the assessment methodology based on 75 percent funding of the total assessable costs for Fiscal Year 2008-09. Table 14 FY 2008-09 PrelimInary FIre Assessment Rate. (75% of Assessable Costs .. $8,254,219 Gross Revenue.) Residential Property Use Categories Rate Per Dwelling Unit Residential $146.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.33 Industrial/Warehouse $0.08 I nstitutiona I $0.36 Nursing Home $0.80 *Estimated Gross Revenue: $8,254,219; Estimated Exempt Buy-down: $1,038,005; Estimated Net Revenue: $7,216,213 Government Services Group, Inc. I 18 Table 15 illustrates the preliminary assessment rates after application of the assessment methodology based on 50 percent funding of the total assessable costs for Fiscal Year 2008-09. Table 15 FY 2008-09 Preliminary Fire Assessment Rates (50% of Assessable Costs = $5,502,813 Gross Revenues) Residential Property Use Categories Rate Per Dwelling Unit Residential $97.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.22 Industrial/Warehouse $0,05 Institutional $0.24 Nursing Home $0,54 *Estimated Gross Revenue: $5,502,813; Estimated Exempt Buy-down: $691,650; Estimated Net Revenue: $4,811.163 Table 16 illustrates the preliminary assessment rates after application of the assessment methodology based on 25 percent funding of the total assessable costs for Fiscal Year 2008-09. Table 16 FY 2008-09 Preliminary Fire Assessment Rates (25% of Assessable Costs co $2,751,406 Gross Revenues) Residential Property Use Categories Rate Per Dwelling Unit Residential $49,00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.11 Industrial/Warehouse $0.03 Institutional $0,12 Nursing Home $0.27 *Estimated Gross Revenue: $2,751,406; Estimated Exempt Buy-down: $346,640; Estimated Net Revenue: $2,404.766 EXEMPTIONS AND IMPACT OF EXEMPTIONS Because the fire assessment is being developed to meet the case law standards for a valid special assessment, any proposed exemptions require special scrutiny. The crafting of an exemption must be founded upon a legitimate public purpose, and not tramp on state or federal constitutional concepts of equal protection and constitutional prohibitions against establishment of religion or the use of the public treasury directly or indirectly to aid religious institutions. Furthermore, to ensure public acceptance, any exemption must make common sense and be fundamentally fair. Finally, the impact of any proposed exemption should be evaluated in terms of its magnitude and fiscal consequences on the City's general funds. Whenever crafting an exemption, it is important to understand that the fair apportionment element required by Florida case law prohibits the shifting of the fiscal costs of any special assessment from exempt landowners to other non-exempt landowners. In other words, the funding for an exemption from a special assessment must come from a legally available external revenue source, such as the City's general fund. Funding for fire assessment exemptions cannot come from the proceeds derived directly from the imposition of special assessments for fire services and facilities. Because any exemption must be funded by an external funding source, the grant of any exemption will not have any impact upon the fire assessment to be imposed upon any other non-exempt parcels. Government Services Group, Inc. I 19 Whether or not the City decides to fund exemptions for fire assessments on property owned by non- governmental entities would be based upon a determination that such exemptions constituted a valid public purpose. The importance of special assessments on non-governmental, tax-exempt parcels has been addressed by the Florida Supreme Court in Sarasota County v. Sarasota Church of Christ. 667 SO.2d 180 (Fla. 1995) (In reciting the facts of the case on appeal, the Court stated that the party challenging the assessment consisted of religious organizations or entities owning developed real property in Sarasota County [the Churches] that are exempt from ad valorem taxes but not from special assessments.) The funding of exemptions for non-governmentally owned institutional property wholly exempt from ad valorem taxes could be based on a finding that such properties provide facilities and uses to their ownership, occupants or membership, as well as the public in general, that otherwise might be required to be provided by the City. Such a finding would be the basis for a determination that such properties served a legitimate public purpose or provided a public benefit that merited the City's funding of an exemption from the fire assessment. In identifying an appropriate exemption scheme, the City should be cautious not to confuse the ownership of a parcel with the parcel's use. For example, a determination to exempt properties used for institutional purposes would have to be extended to similar institutional property owned by entities created for profit, as well as institutional property owned by non-profit or governmental entities. However, if the City wanted to make the pOlicy decision to narrow the exemption to only institutional property owned by not-for-profit entities, it might consider adding a second test to the exemption which afforded exemptions to institutional properties which were wholly exempt from ad valorem taxes. Adding the tax- exempt criteria further narrows the exemption on a well-tested tax-exempt premise. Whether the City decides to charge governmental entities or fund exemptions on governmentally-owned property requires somewhat different considerations. First, a forced sale of government property is not available as an enforcement mechanism. The charge to governmentally-owned parcels would be more akin to a service fee for each government parcel's proportionate benefit from the availability and provision of fire services by the City. The billing would be direct, received by government buildings and facilities. Enforcement would be by judiCial proceedings to require payment. As to each level of government, differing concepts of immunity and other statutory provisions or case law decisions may prevent collection or frustrate special assessment imposition. State and federal laws contain a patChwork of provisions exempting certain governmental property owners from the payment of special assessments. For example, section 423.02, Florida Statutes, exempts certain housing projects from the payment of special assessments. This general law does provide that a housing authority may agree with a local government to make payments in lieu of taxes, but past experience is that such an agreement, if in existence at all, under-funds the impact of such properties on a City's fire assessable cost calculations. Accordingly, if the City chooses to exempt governmentally-owned property from the fire assessment and fund such costs from inter-local agreement with the affected government or from the City's general fund, it is important that the City take steps to set up a reasonable contingency within its general budget to fund the cost incurred in providing fire services to governmentally-owned properties. Based on fire incident data, Nursing Home rates have been developed which reflect the moderately high call frequency for this land use category. Applying these rates to the relatively small number of nursing homes results in a higher assessment burden being placed upon these properties than other properties in the institutional category. The effect of these facilities providing a public service and assessing them at a rate which might constitute an undue hardship, require that the rates for this land use category be further analyzed. Based on future rate calculations, the City should review these rates by a comparison to other non-residential properties to ensure that they do not constitute an unfair burden. The City may determine that it is appropriate to cap the assessment charges to these facilities at the highest rate calculated for other institutional property uses of the same size and to pay the unfunded portion of the fire rescue assessment for such land use category from other available City revenues. Government Services Group, Inc. I 20 Table 17 illustrates the estimated impact for Fiscal Year 2008-09 of the policy decision to exempt institutional, tax-exempt properties (including government properties) from the assessment program and provide a cap for the assessment charges for nursing home properties based on 100 percent of the assessable costs. Table 17 Estimated Impact of Exemptions (FY 2008-09) (100% Funding) Financial Classification Amount Estimated Assessable Costs $11,005,625 Estimated Buy-down for Institutional Tax Exempt and ($1,382,243) Government Properties and Nursing Home Cap Inst. Tax Exempt ($460,507) Government ($589,265) Nursing Home ($332,4 71) Total Estimated Net Revenue $9,623,382 Table 18 illustrates the estimated impact for Fiscal Year 2008-09 of the policy decision to exempt institutional, tax-exempt properties (including government properties) from the assessment program and provide a cap for the assessment charges for nursing home properties based on 75, 50 and 25 percent of the assessable costs. Table 18 Estimated Impact of exemptions (FY 2008-09) (75, 50 Be 25% Funding) Financial Classification 75% 50% 25% Estimated Assessable Costs $8,254,219 $5,502,813 $2,751,406 Estimated Buy-down for Institutional Tax-Exempt and Governmental ($1,038,005) ($691,650) ($346,640) Estimated Buy-down for Institutional Tax-Exempt (345,309) (230,395) (115,197) Estimated Buy-down for Governmental (443,343) (295,019) (148,325) Estimated Buy-down for Nursing Homes (249,353) (166,236) (83.111) Estimated Revenue Generated $7,216,213 $4,811,163 $2,404,766 OUTSTANDING ISSUES EXEMPTION OF INSTITUTIONAL, TAX-EXEMPT PARCELS (NON-GOVERNMENTAL) The aggregate cost for the fire services that are available to institutional, wholly tax-exempt properties was estimated as part of the Institutional Property Use Category based on an analysis of each parcel's use. The fair apportionment concepts in the methodology provided within this Assessment Report require an identification of the calls for service to these properties and, therefore, their respective costs. In the event that a policy decision is made to exempt institutional, tax-exempt property, the proportional assessed costs allocated to such exemptions must be funded from other legally available sources because the financial burden of such exemption cannot be apportioned to non-exempt parcels. With any exemption, care should be taken to craft and ensure a non-discriminatory exemption class based upon valid public purpose concepts. Government Services Group, Inc. 121 EXEMPTION OF GOVERNMENTAL PARCELS In addition to the institutional, wholly tax-exempt properties, the aggregate cost for fire services provided to schools and governmental properties (municipalities, county, state, federal and any sovereign state or nation) was also estimated as part of the Institutional Property Use Category based on an analysis of each parcel's use. The fair apportionment concepts in the methodology provided within this Assessment Report require an identification of the calls for service to these properties and, therefore, their respective costs. In the event that a policy decision is made to exempt governmental property, the proportional assessed costs allocated to such exemptions must be funded from other legally available sources because the financial burden of such exemption cannot be apportioned to non-exempt parcels. COLLECTION OF ASSESSMENTS FROM GOVERNMENTAL PROPERTY A special assessment can be imposed against governmental property to pay for the benefits that such property receives. However, as to each level of government, differing concepts of immunity and other statutory provisions or case law may prevent collection or frustrate special assessment imposition. In addition, Florida case law is clear that the payment of such assessments cannot be enforced by a lien against the public property. Rather, the enforcement remedy would be a judicial action to compel payment. A collateral issue in enforcing payment is the legislative authorization of the public agency to pay the charge or special assessment imposed. Thus, the law establishing the expenditure authority of the specific governmental or public agency or its appropriation discretion must be examined to determine whether the governmental unit has the authority to pay a charge or assessment for fire rescue services provided by the City. From a collection standpoint, each governmental unit should be sent a separate bill and no attempt should be made to collect the special assessment using the Uniform Method. ASSESSMENT OF NURSING HOME PROPERTY Based on fire incident data, Nursing Home rates have been developed which reflect the moderately high call frequency for this land use category. Applying these rates to the relatively small number of nursing homes results in a higher assessment burden being placed upon these properties than other properties in the institutional category. The effect of these facilities providing a public service and assessing them at a rate which might constitute an undue hardship, require that the rates for this land use category be further analyzed. Based on future rate calculations, the City should review these rates by a comparison to other non-residential properties to ensure that they do not constitute an unfair burden. The City may determine that it is appropriate to cap the assessment charges to these facilities at the highest rate calculated for other institutional property uses of the same size and to pay the unfunded portion of the fire rescue assessment for such land use category from other available City revenues. Approximately $330,170 would be required from the City's general fund or other legally available source to assess nursing home properties at the institutional rates, based on funding 100% of the assessable costs. Further verification of this data, and refinement of rates based on City direction will take place during the implementation phase of the assessment process. EXEMPTION CALCULATIONS GSG utilized the most current data to identify institutional, tax-exempt and governmental parcels within the City in order to calculate the aggregate cost ('buy down') of these parcels. In addition, best efforts were made by GSG to reconcile any differences necessary to calculate the estimated buy down for these two exemption categories. Missing or incorrect property data could affect the estimated aggregate costs. Government Services Group, Inc. I 22 ADMINISTRATIVE FACTOR CALCULATION The administrative factor calculation was based on information provided by the City for typical staffing levels. Any changes to the staffing levels could result in a revised administrative factor which could increase or lower the amount of assessable costs to be collected. NON-SPECIFIC CALLS In the fire call analysis, certain fire related calls were classified as non-property specific, because of the location of occurrence in the incident report. These calls represent non-specific incidents that either could not be correlated to a specific parcel or involved auto accidents or other types of incidents along roads and highways. These calls are excluded from the analysis that determines the percentage of calls for service to respective property types and therefore, are not considered in the determination of the extent of budget required to fund the department. Because the budget is established based on the ability of the department to adequately protect structures, no adjustment has been made to the budget due to non-property specific calls. Further, even if such calls did affect the cost of the department's operations, there are sufficient non-assessment revenues available to offset any impact upon the budget. Government Services Group, Inc. i 23 Implementation - Phase II TAX BILL FISCAL YEAR 2008-09 AND THEREAFTER The following section describes all of the steps required to implement and collect the Fire Assessment on the ad valorem tax bill in Fiscal Year 2008-09 and thereafter. Following this section is a critical events schedule identifying specific dates for all significant remaining events for the City to comply with those expected to be prescribed by the City's proposed home rule ordinance authorizing the imposition of the annual Fire Assessments. Assuming the City decides to proceed, a draft home rule ordinance will be provided that will outline the procedural steps and notifications required to impose a recurring annual Fire Assessment using the tax bill collection method. To use the tax bill collection process, a local government must follow the strict procedures provided in section 197.3632, Florida Statutes (Uniform Method). A local government must initiate the process almost a year before it intends to begin using the Uniform Method to collect the assessments. The process begins with the passage of a resolution of intent prior to January lor, if the property appraiser, tax collector, and local government agree, March 1. The adoption of a resolution of intent does not obligate the local government to use the method or to impose a special assessment, but it is a prerequisite to using the Uniform Method. The local government must publish notice of its intent to consider a resolution to use the Uniform Method weekly for four consecutive weeks prior to a public hearing on the matter. If the resolution is adopted, the governing board must send a copy of it to the property appraiser, the tax collector, and the Florida Department of Revenue by January 10 or, if the property appraiser, tax collector, and local government agree, March 10. The City must comply with this requirement by adopting a resolution of intent and timely notifying the Palm Beach County Property Appraiser, the Palm Beach County Tax Collector and the Florida Department of Revenue. The City completed this requirement by adopting a resolution of intent on February 5, 2008. Under section 197.3632, Florida Statutes, property appraisers must annually provide certain information to local governments by June 1 to assist the local government in the preparation of special assessment rolls to be collected under the Uniform Method. Assuming the City decides to proceed, a draft home rule ordinance will be provided that will outline the procedural steps and notification required to impose a recurring annual fire assessment using the tax bill collection method. Pursuant to the Home Rule Ordinance, an initial assessment resolution to be adopted by the City will be required. Such initial assessment resolution should, among other things, briefly describe the Fire Assessment Program, the method of apportionment, set a public hearing date for final consideration, and direct and authorize the mailed and published notifications to those property owners included on an initial assessment roll. Upon adoption of the initial assessment resolution, the City will have made the tentative decision to move forward with the imposition of special assessments to fund the fire assessable cost calculations. After adopting the necessary implementing documentation, the local government must develop a computerized, non-ad valorem assessment roll that contains the basis and rate of the assessment and electronically applies it to each building subject to the assessment. The non-ad valorem assessment roll must utilize the parcel identification number and property use code classifications maintained by the property appraiser and be compatible with the ad valorem tax roll. Government Services Group, Inc. I 24 Statutory requirements to use the tax bill collection method provide that a service assessment roll must be adopted at a public hearing between January 1 and September 15 so the tax collector can merge it with the ad valorem tax roll and mail a single bill for the combined collection of assessments and aei valorem taxes. At least 20 days prior to the public hearing, a local government must publish notice of the hearing in a newspaper of general circulation within the government's boundaries and by individual first class United States mail to the owners of property subject to the assessment. The mailed notice can either be a separate notice or the City may have the option to use the Truth-In-Millage (TRIM) notice 10 notify property owners of their respective fire assessment amount. The use of TRIM is dependent upon the agreement of the property appraiser. Should the City obtain the permission of the Palm Beaerl County Property Appraiser, notification of the assessment amounts for Fiscal Year 2008-09 may oe accomplished using the TRIM notice. If the City expects to employ the use of the TRIM notice, IS imperative to begin coordinating with the property appraiser early in the calendar year. At the public hearing, the City will adopt a final assessment resolution, which, among other things, will confirm the initial assessment resolution, articulate the rate of assessments, approve the assessment roll, and direct and authorize the method of collection, Once the final assessment resolution is adopted and the roll certified on September 15 to the Palm Beach County Tax Collector to be collected along with ad valorem taxes, any minor modifications. corrections or errors must be made in accordance with the procedure applicable to the correction of errors on the tax roll, upon written direction from the City to the Palm Beach County Tax Collector. Collection of the special assessments and ad valorem taxes begins in November. Failure to pay the assessments and taxes results in the issuance of a tax certificate and may result in the sale of a tax deed. IMPLEMENTATION SCHEDULE Outlined in Table 19 is a critical events schedule identifying specific dates for all significant remaining events for the City to implement the fire assessment program and collect the assessments using the tax bill collection method for Fiscal Year 2008-09. Table 19 Critical Events Schedule Event Date City has first reading of Ordinance June 17,2008 City Advertises Ordinance By June 20, 2008 City adopts Ordinance (2nd reading) July 1, 2008 City adopts Initial Assessment Resolution July 1, 2008 City Publishes Notice of Public Hearing to Adopt Final Assessment Resolution August 22, 2008 Mail First Class Notice to Affected Parcel Owners/TRIM August 22. 2008 Public Hearing to Adopt Final Assessment Resolution September 12, 2008 Certify Assessment Roll to Tax Collector By September 15. 2008 Government Services Group, Inc. i 25 Appendix A SITUATION FOUND CODES & DESCRIPTIONS SItuation Found Description EMS Type Call 100 Fire, Other N 111 Building Fire N 112 Fires in structures other than in a building !\, 113 Cooking fire, confined to a container !\i 116 Fuel burner/boiler malfunction, fire confined N 118 Trash or rubbish fire, contained N 130 Mobile property (vehicle) fire, other N 131 Passenger vehicle fire N 132 Road freight or transport vehicle fire N 134 Water vehicle fire N 137 Camper or RV fire N 140 Natural vegetation fire N 141 Forest, woods or wildland fire N 142 Brush, or brush and grass mixture fire N 143 Grass fire N 150 Outside rubbish fire, other N 151 Outside rubbish, trash or waste fire N 154 Dumpster or other outside trash receptacle fire N 160 Special outside fire, other N 162 Outside equipment fire N 173 Cultivated trees or nursery stock fire N 200 Overpressure rupture, explosion, overheat, other N 220 Overpressure rupture from air or gas, other N 251 Excessive heat, scorch burns with no ignition N 300 Rescue, EMS call, other y 300N Rescue, EMS call, other, NON-SPECIFIC FPU y 311 Medical assist, assist EMS crew y 32 Emergency medical call y 321 EMS call, excluding vehicle accident with injury y 322 Vehicle accident with injuries y 323 Motor vehicle/pedestrian accident (MV Ped) y 324 Motor Vehicle Accident, No Injuries y 331 Lock-in (if lock out, use 511) N 341 Search for person on land N 351 Extrication of victim(s) from building/structure N 353 Removal of victim(s) from stalled elevator N 381 Rescue or EMS standby y 400 Hazardous condition, other N 410 Flammable gas or liquid condition, other N 411 Gasoline or other flammable liquid spill N 412 Gas leak N 413 Oil or other combustible liquid spill N 440 Electrical wiring/equipment problem, other N 441 Heat from short circuit (wiring), defective/worn N 442 Overheated motor N 443 Light ballast breakdown N 444 Power line down N 445 Arcing, shorted electrical equipment N 460 Accident, potential accident. other N 463 Vehicle accident, general cleanup N 480 Attempted burning, illegal action, other N 500 Service call, other N 510 Person in distress, other N 511 Lock-out N 512 Ring or jewelry removal N 520 Water problem, other N 522 Water or steam leak N Government Services Group, Inc. I A-1 Situation Found Description EMS Type Call 531 Smoke or odor removal N 540 Animal problem, other N 542 Animal rescue N 550 Public service assistance, other N 551 Assist police or other governmental agency N 552 Police matter N 553 Public service N 554 Assist invalid y 555 Defective elevator N 561 Unauthorized burning N 571 Cover assignment, standby, moveup N 600 Good intent call, other N 611 Dispatched & canceled en route N 621 Wrong location N 622 No incident found upon arrival N 641 Vicinity alarm (incident in other location) N 650 Steam, other gas mistaken for smoke, other N 651 Smoke scare, odor of smoke N 652 Steam, vapor, fog or dust thought to be smoke N 653 Barbecue, tar kettle N 661 EMS call, party transported by non-fire agency y 671 Hazmat release investigation wino hazmat N 700 False alarm or false call, other N 710 Malicious, mischievous false call, other N 711 Municipal alarm system, malicious false alarm N 712 Direct tie to FD, malicious/false alarm N 713 Telephone, malicious false alarm N 714 Central station, malicious false alarm N 715 Local alarm system, malicious false alarm N 721 Bomb scare - no bomb N 730 System malfunction N 731 Sprinkler activation due to malfunction N 733 Smoke detector activation due to malfunction N 734 Heat detector activation due to malfunction N 735 Alarm system sounded due to malfunction N 740 Unintentional transmission of alarm, other N 741 Sprinkler activation, no fire - unintentional N 742 Extinguishing system activation N 743 Smoke detector activation, no fire - unintentional N 744 Detector activation, no fire - unintentional N 745 Alarm system sounded, no fire - unintentional N 746 Carbon monoxide detector activation, no CO N 813 Wind storm, tornado/hurricane assessment N 814 Lightning strike (no fire) N 900 Special type of incident, other, Dumpster fire N 911 Citizen complaint N Government Services Group, Inc. I A-2 Appendix B FIXED PROPERTY USE CODES & DESCRIPTIONS Fixed Property Use Description Category Assigned 000 FIXED PROP USE UNDETERMINED NON-SPECIFIC 100 UNKNOWN OTHER NON-SPECIFIC 110 FIXED USE RECREATION, OTHER COMMERCIAL 111 BOWLING ESTABLISHMENT COMMERCIAL 113 AMUSEMENT CENTER COMMERCIAL 116 SWIMMING FACILITY COMMERCIAL 120 VARIABLE USE AMUSEMENT/RECREATION COMMERCIAL 121 BALLROOM ,GYM NASIUM COMMERCIAL 122 EXHIBITION HALL COMMERCIAL 123 ARENA/STADIUM COMMERCIAL 124 PLAYGROUND COMMERCIAL 129 AMUSEMENT CENTER INDOOR/OUTDOOR COMMERCIAL 130 PLACES OF WORSHIP,CHURCH,FUNERAL PARLOR INSTITUTIONAL 131 CHURCH/CHAPEL INSTITUTIONAL 134 FUNERAL PARLOR/CHAPEL INSTITUTIONAL 140 CLUBS,OTHER COMMERCIAL 141 ATHLETIC CLUB/YMCA COMMERCIAL 142 CLUB HOUSE COMMERCIAL 144 CASINO, GAMBLING CLUBS COMMERCIAL 150 PUBLIC, GOVT, OTHER INSTITUTIONAL 151 LIBRARY INSTITUTIONAL 160 EATING/DRINKING PLACES COMMERCIAL 161 RESTAURANT COMMERCIAL 162 NIGHTCLUB COMMERCIAL 170 TERMINALS OTHER COMMERCIAL 173 BUS TERMINAL COMMERCIAL 181 PERFORMANCE THEATER COMMERCIAL 183 MOVIE THEATER COMMERCIAL 200 EDUCATIONAL PROPERTY OTHER INSTITUTIONAL 210 SCHOOLS NON-ADULT OTHER INSTITUTIONAL 211 PRE-SCHOOL INSTITUTIONAL 213 ELEMENTARY SCHOOL INSTITUTIONAL 215 HIGH SCHOOL/JR HIGH/MIDDLE SCHOOL INSTITUTIONAL 241 COLLEGE/UNIVERSITY INSTITUTIONAL 254 DAY CARE-IN COMMERCIAL PROPERTY COMMERCIAL 255 DAY CARE-IN RESIDENCE-LICENSED COMMERCIAL 300 HEALTHCARE/DETENTION OTHER INSTITUTIONAL 311 CARE OF THE AGED/NURSING STAFF NURSING HOMES 321 MENTAL RETARDATION/DEVELOPMENT DISABILITY FACILITY INSTITUTIONAL 322 ALCOHOL/SUBSTANCE ABUSE RECOVERY CENTER INSTITUTIONAL 323 ASYLUM/MENTAL INSTITUTION INSTITUTIONAL 331 HOSPITAL-MEDICAL/PSYCHIATRIC INSTITUTIONAL 340 CLINICS, OTHER INSTITUTIONAL 341 CLINIC, CLINIC-TYPE INFIRMARY INSTITUTIONAL 342 DOCTOR/DENTIST/SURGEONS OFFICE COMMERCIAL 343 HEMODIALYSIS UNIT INSTITUTIONAL 361 JAIL/PRISON - NOT JUVENILE INSTITUTIONAL 365 POLICE STATION INSTITUTIONAL 400 RESIDENTIAL OTHER RESIDENTIAL 4191 ONE-FAMILY DWELLING RESIDENTIAL 4192 TWO-FAMILY DWELLING RESIDEDNTIAL Government Servlc:es Group, Inc:. I B-1 Fixed Property Use Description Category Assigned 429 MULTI-FAMILY DWELLINGS RESIDENTIAL 439 ROOMING. BOARDING. RESIDENTIAL HOTELS RESIDENTIAL 449 HOTELS. MOTELS. INNS, LODGES COMMERCIAL 459 RESIDENTIAL BOARD AND CARE NURSING HOMES 460 DORMITORIES OTHER INSTITUTIONAL 500 MERCANTILE PROPERTIES OTHER COMMERCIAL 511 CONVENIENCE STORE COMMERCIAL 519 FOOD. BEVERAGE SALES. GROCERY STORE COMMERCIAL 529 TEXTILE. WEARING APPAREL SALES COMMERCIAL 539 HOUSEHOLD GOODS SALES. REPAIRS COMMERCIAL 549 SPECIALTY SHOPS COMMERCIAL 557 BARBER. BEAUTY SHOP. PERSONAL SERVICES COMMERCIAL 559 RECREATIONAL. HOBBY. HOME SALES. PET STORE COMMERCIAL 564 SELF-SERVICE LAUNDRY/DRY CLEANING COMMERCIAL 569 PROFESSIONAL SUPPLIES COMMERCIAL 571 SERVICE STATION COMMERCIAL 579 MOTOR VEHICLE. BOAT SALES/SERVICE/REPAIRS COMMERCIAL 580 GENERAL ITEM STORES. OTHER COMMERCIAL 581 DEPARTMENT STORE COMMERCIAL 592 BANK W/FIRST STORY BANKING FACILITY COMMERCIAL 593 MEDICAL. RESEARCH. SCIENTIFIC OFFICE COMMERCIAL 596 POST OFFICE OR MAILING FORMS INSTITUTIONAL 599 BUSINESS OFFICES COMMERCIAL 600 BASIC INDUSTRY. UTILITY. DEFENSE OTHER INDUSTRIAL/WAREHOUSE 629 LABORATORIES INDUSTRIAL/WAREHOUSE 639 COMMUNICATIONS CENTER INDUSTRIAL/WAREHOUSE 642 ELECTRIC TRANSMISSION DISTIB. SYSTEM INDUSTRIAL/WAREHOUSE 644 GAS DISTRIBUTION SYSTEM. PIPELINE INDUSTRIAL/WAREHOUSE 647 WATER UTILITY INDUSTRIAL/WAREHOUSE 648 SANITARY SERVICE IN DUSTRIAL/WAREHOUSE 700 MANUFACTURING PROPERTY. PROCESSING INDUSTRIAL/WAREHOUSE 800 STORAGE PROPERTY OTHER INDUSTRIAL/WAREHOUSE 880 VEHICLE STORAGE; OTHER IN DUSTRIAL/WAREHOUSE 882 GENERAL VEHICLE PARKING GARAGE INDUSTRIAL/WAREHOUSE 888 FIRE STATIONS INSTITUTIONAL 891 GENERAL WAREHOUSE INDUSTRIAL/WAREHOUSE 899 RESIDENTIAL OR SELF STORAGE UNITS INDUSTRIAL/WAREHOUSE 900 OUTSIDE. SPECIAL PROPERTIES; OTHER NON-SPECIFIC 919 DUMP SANITARY LANDFILL NON-SPECIFIC 921 BRIDGE. TRESTLE NON-SPECIFIC 926 OUTBUILDING. EXCLUDING GARAGE NON-SPECIFIC 931 OPEN LAND. FIELD NOT USED 935 CAMPSITE WITH UTILITIES COMMERCIAL 936 VACANT LOT NOT USED 937 BEACH NON-SPECIFIC 938 GRADED AND CARED FOR PLOTS OF LAND NOT USED 940 WATER AREAS. OTHER NON-SPECIFIC 941 IN OPEN SEA. TIDAL WATERS NON-SPECIFIC 946 LAKE/RIVER/STREAM NON-SPECIFIC 951 RAILROAD RIGHT OF WAY NON-SPECIFIC 952 SWITCH YARD. MARSHALLING YARD NON-SPECIFIC ..._- Government Services Group, Inc. i 8-2 Fixed Property Use Description Category Assigned 960 STREET,OTHER NON-SPECIFIC 961 DIVIDED HIGHWAY, HIGHWAY NON-SPECIFIC 962 PAVED PUBLIC STREET, RESIDENTIAL NON-SPECIFIC 963 PAVED PRIVATE STREET, COMMERCIAL NON-SPECIFIC 965 UNCOVERED PARKING AREA NON-SPECIFIC 981 CONSTRUCTION SITE NON-SPECIFIC 983 PIPELINE, POWER LINE RIGHT OF WAY NON-SPECIFIC 984 INDUSTRIAL PLANT YARD INDUSTRIAL/WAREHOUSE UUU UNDETERMINED NON-SPECIFIC Government Services Group, Inc. I B-3 Appendix C DEPARTMENT OF REVENUE PROPERTY USE CODES & DESCRIPTIONS DOR Dor Desc 0000 VACANT 0100 SINGLE FAMILY 0200 MOBILE HOME 0210 TANGIBLE MOBILE HOME 0300 MULTIFAMILY 0304 MULTIFAMILY CONDO CONVERSION 0400 CONDOMINIUM 0410 TOWNHOUSE/VILLA 0420 TIMESHARE 0430 ZERO LOT LINE 0450 SFR-C 0460 CONDO COMMERCIAL 0469 COMMERCIAL CONDO 0500 MHT COOP 0510 COOPERATIVE 0600 RETIREMENT 0620 LIFE CARE HX 0700 MISC RESIDENCE SFR 0800 MULTIFAMILY < 10 UNITS 1000 VACANT COMMERCIAL 1100 STORES 1200 STORE/OFFICE/RESI DENTIAL 1300 DEPARTMENT STORE 1400 SUPERMARKET/DRUG STORE 1500 SHOPPING CENTER REGIONAL 1600 SHOPPING CENTER CMMITY 1700 OFFICE ONE STORY 1800 OFFICE MULTISTORY 1900 PROF OFFICES 2000 AIRPORT/MARINA 2100 RESTAURANT 2200 RESTAURANT, DRIVE IN 2300 FINANCIAL 2400 INSURANCE 2500 SERVICE SHOPS 2600 SERVICE STATION 2700 AUTO SALES 2800 PKGLT/MHPK 2900 WHOLESALER 3000 FLORIST 3100 DRV-IN THEATER 3200 THTR/AUD/CLBHS 3300 NIGHT CLUBS 3400 BOWLING ALLEY 3500 TOURIST ATTRAC 3600 CAMPS 3700 RACETRACK 3800 GOLF COURSE 3900 MOTEL 4000 VACANT INDUSTRIAL 4100 LIGHT MFG Government Services Group, Inc. I C-l "--_o- DOR Oor Oesc 4200 HEAVY MFG 4300 LUMBER YARD/MILL 4400 PACKING 4500 BOTTLER 4600 FOOD PROCESSI NG 4700 MIN PROCESSING 4800 WAREH/DIST TERM 4900 OPEN STORAGE 5000 IMPROVED ARGI 5100 CROP SOIL CLASS 1 5200 CROP SOIL CLASS 2 5300 CROP SOIL CLASS 3 5400 TIMBER SI 90+ 5500 TIMBER SI 80-89 5600 TIMBER SI 70-79 5700 TIMBER SI 60-69 5800 TIMBER SI 50-59 5900 TIMBER NOT CLASSED 6000 GRAGSOIL CLASS 1 6100 GRZGSOIL CLASS2 6200 GRZGSOIL CLASS3 6300 GRZGSOIL CLASS4 6400 GRZGSOIL CLASS5 6500 GRZGSOIL CLASS6 6600 ORCHARD GROVES 6700 POUL/BEES/FISH 6800 EQUESTRIAN 6900 ORN/MISC AGRI 7000 VACANT I NSTIT 7100 RELIGIOUS 7200 PRV SCHL/COLL 7300 PRV HOSPITAL 7400 NURSING HOME 7500 ORPHNG/NON-PROF 7600 MORT/CEMETERY 7700 CLB/LDG/UN HALL 7800 SANIj REST HOME 7900 CULTURAL 8000 DISTRICTS 8100 MILITARY 8200 FOREST/PK/REC 8300 PUB CTY SCHOOL 8400 COLLEGE 8500 HOSPITAL 8600 CITY INC NONMUNI 8700 STATE 8800 FEDERAL 8900 MUNICIPAL 9000 LEASEHOLD INT 9100 UTI L1TY 9200 MING/PETRO/GASLND ,- Government Services Group, Inc. I C,2 DOR Dor Desc 9300 SUBSURF RIGHTS 9400 R/W - BUFFER 9500 RIVER/LAKES 9600 SEWG/WASTE LAND 9700 OUTDR REC/PARK LAND 9800 CENTRALLY ASSESSED 9900 NON AG 9999 EXEMPT Government Services Group, Inc. I C-3 Appendix 0 PALM BEACH COUNTY PROPERTY APPRAISER BUILDING IMPROVEMENT CODES & USE DESCRIPTIONS BUC BUC Description Category Name 00 GSG - VACANT/BLDG RAZED Not Used 0000 CONDO ONLY LAND Not Used 0100 SFR Residential 0200 SFT-MFG Residential 0300 SFR-ZERO LOT LINE Residential 0400 CONDO Residential 0410 TOWNHOUSE Residential 0420 TIMESHARE Residential 0430 ZERO LOT LINE Residential 0440 TWNHS-VILLA Residential 0450 SFR-C Residential 0460 CONDO COMM Commercial 0460D DOCK CONDOMINIUM Not Used 0500 EXC-ZERO LOT Not Used 0510 CO-OP Residential 060 EFFICIENCY APT Residential 0600 RENTAL UNIT Residential 0700 EXC TWHSE/VILLA Residential 0800 MOBILE HOME Residential 0900 EXC-RESIDENT Residential 0909 EXC-LUX.RES Residential 1000 CONDO L.RISE Residential 170 DORMITORY Institutional 210 APARTMENTS Residential 220 APARTMENTS LOW RISE Residential 2200 MFR LOW RISE Residential 230 APARTMENTS HIGH RISE Residential 240 APARTMENTS - TO Residential 2500 MFR ROW HOUSE Residential 260 APARTMENTS - SENIOR Residential 2700 DUPLEX Residential 2800 TRIPLEX Residential 2900 QUADRAPLEX Residential 301 SFR CONVERT TO COMM Commercial 340 COMMERCIAL MIXED Not Used 350 RETAIL SINGLE OCC Commercial 351 DRUG STORE FREE Commercial 360 DISCOUNT DEPT S Commercial 362 VETERINARY CLlN Commercial 364 HOME IMPROVEMEN Commercial 365 FURNITURE STORE Commercial 370 DEPARTMENT STORE Commercial 371 DOWNTOWN ROW TY Commercial 374 RETAIL MULTI OCC Commercial 380 STRIP SHOPPING Commercial 390 COMM SHOPPING CTR Commercial 400 REGIONAL SHPMAL Commercial 410 SUPER REG SHOPM Commercial 420 SUPERMARKET Commercial 430 CONVENIENCE FOOD Commercial 440 HOTEL/MOTEL BUS Commercial Government Services Group,lnc. I 0-1 sue sue Description Category Name 450 RESORT HOTEL Commercial 460 HOTEL/MOTEL LO Commercial 470 HOTEL- HI RISE Commercial 490 OFFICE BLDG L/R Commercial 500 OFFICE H-R 5ST Commercial 520 MEDICAL OFFICE Commercial 530 HOSPITALS Institutional 540 NURSING HOME Nursing Homes 550 BAR/TAVERN Commercial 551 COCKTAIL LOUNGE Commercial 560 RESTAURANT Commercial 570 FRANCHISE FOOD Commercial 580 BOWLING ALLEY Commercial 582 SKATING RINK Commercial 583 HEALTH CLUB Commercial 587 COUNTRY CLUB Commercial 588 PRIVATE CLUB Commercial 589 COUNTRY CLUB/W Commercial 590 ARENA Commercial 591 GYMNASIUM Commercial 593 DOG/HORSE TRACK Commercial 600 AUDITORIUM Commercial 610 CINEMA/THEATER Commercial 614 RADIO/lY / PIC S Commercial 620 BANK/MAIN OFFIC Commercial 630 NEIGHBORHOOD BA Commercial 640 SERVICE STATION Commercial 641 SERVICE STATION Commercial 650 CAR WASH - AUTO Commercial 651 CAR WASH - MANU Commercial 652 CAR WASH SERVIC Commercial 660 AUTO SERVICE GA Commercial 662 KWIK LUBE Commercial 665 GARAGE STORAGE Industrial/Warehouse 670 OFFICE/WAREHOUS Not Used 680 FUNERAL HOME Institutional 690 CLUBHOUSE Institutional 691 SOCIAL/FRATERNAL Institutional 695 GUARDHOUSE Commercial 700 COLD STORAGE Industrial/Warehouse 710 RAIL/BUS/AIR TE Commercial 712 TELECOMMUNICATI Commercial 720 PARKING GARAGE Industrial/Warehouse 721 RADIO/lY TRANSM Not Used 730 DAY CARE CENTER Commercial 750 AUTO DEALER/F-S Commercial 800 LIGHT MANUFACTURING Industrial/Warehouse 810 HEAVY MANUFACTURING Industrial/Warehouse 820 WAREHOUSE DISTR Industrial/Warehouse 830 MINI WAREHOUSE Ind ustrial/Warehouse 840 WAREHOUSE STORAGE I nd ustria I/Warehouse Government Services Group, Inc. I D-2 BUC BUC Description Category Name 841 WAREHOUSE SINGLE Industrial/Warehouse 850 HANGAR Commercial 860 BARNS Not Used 861 RESIDENTIAL BARN Not Used 870 PREFAB WAREHOUSE Industrial/Warehouse 880 TECHNICAL MANUF Industrial/Warehouse 900 SCHOOL Institutional 901 COLLEGES / UNIV Institutional 910 RELIGIOUS Institutional 912 LI BRARY Institutional 920 EDUCA TION/RELlG Institutional 930 GOVERNMENTAL Institutional 950 POLICE/FIRE STN Institutional 960 CORRECTIONAL Institutional 970 CULTURAL FACILITY Institutional MHPK GSG - MOBILE HOME PARK Residentiai Government Services Group, Inc. I 0-3 EXHIBIT C Boynton Beach Fire Assessment (Revised 6-3-08 to include Mailed First Class Notice Costs) CURRENT RATES - FY 2007-08 FY 2007..08 Adopted Rates - $3,027,215.00 Gross Revenue RESIDENTIAL PROPERTY USE Rate Per CATEGORIES Dwelling Unit Single Family Residential $70 Multi-Family Residential $42 NON-RESIDENTIAL PROPERTY USE Building Classification (in Industrial! Nursing CATEGORIES square foot ranges) Commercial Warehouse Institutional Homes ~ 1,999 $ 126 $ 35 $ 198 $ 198 2,000 - 3,499 $ 252 $ 69 $ 396 $ 396 3,500 - 4,999 $ 441 $ 121 $ 693 $ 693 5,000 - 9,999 $ 629 $ 173 $ 990 $ 990 10,000 - 19,999 $ 1,259 $ 347 $ 1,980 $ 1,980 20,000 - 29,999 $ 2,518 $ 693 $ 3,960 $ 3,960 30,000 - 39,999 $ 3,777 $ 1,040 $ 5,940 $ 5,940 40,000 - 49,999 $ 5,036 $ 1,386 $ 7,921 $ 7,921 -"'- 50,000 $ 6,295 $ 1,733 $ 9,901 $ 9,901 " June 3,2008 FY 2008-09 BUDGET ALLOCATIONS Category % of Allocable Budget % of Calls Residential $6,331,801 57.53% Commercial $2,705,898 24.59% Industrial/Warehouse $378,826 3.44% Institutional $983,963 8.94% Nursing Home $605,137 5.50% Totals $11,005,625 100.00% FY 2008-09 RATE SCENARIOS FY 2008-09 - 100% Rat_ Residential Property Use Categories Rate Per Dwell/ng Unit Residential $194.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.43 Industrial/Warehouse $0,10 Institutional $0.48 Nursing Home $1.07 Total Estimated Gross Revenue $11,005,625 Total Estimated Exempt Buy-down ($1,382,243) Inst. Tax Exempt ($460,507) Govern ment ($589,265) Nursing Home ($332,471) Total Estimated Net Revenue $9,623,382 2 June 3, 2008 FY 2008-09 - 75% Rates Residential Property Use Categories Rate Per Dwelling Unit Residential $146,00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.33 Industrial/Warehouse $0.08 Institutional $0.36 Nursing Home $0,80 Total Estimated Gross Revenue $8,254,219 Total Estimated Exempt Buy-down $1,038,005 Inst, Tax Exempt (345,309) Government (443,343) Nursing Home (249,353) Total Estimated Net Revenue $ 7 ,216,213 FY 2008-09 - 50% Rates Residential Property Use Categories Rate Per Dwelling Unit Residential $97,00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.22 Industrial/Warehouse $0,05 I nstitutiona I $0.24 Nursing Home $0.54 Total Estimated Gross Revenue $5,502,813 Total Estimated Exempt Buy-down ($691,650) Inst. Tax Exempt (230,395) Government (295,019) Nursing Home (166,236) Total Estimated Net Revenue $4,811,163 .June 3 2008 FY 2008-09 - 40% Rates Residential Property Use Categories Rate Per Dwelling Unit Residential $78.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.18 I ndustrialjWarehouse $0.04 Institutional $0.19 Nursing Home $0.43 Total Estimated Gross Revenue $4,402,250 Total Estimated Exempt Buy-down ($550,814) Inst. Tax Exempt (182,467) Government (234,222) Nursing Home (134,125) Total Estimated Net Revenue $3,851,436 FY 2008-09 - 35% Rates Residential Property Use Categories Rate Per Dwelling Unit Residential $68.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.16 I ndustrialjWarehouse $0.04 Institutional $0.17 Nursing Home $0.38 Total Estimated Gross Revenue $3,851,969 Total Estimated Exempt Buy-down ($488,248) Inst. Tax Exempt (163,126) Government (209,893) Nursing Home (115,229) Total Estimated Net Revenue $3,363,721 4 June 3.2008 FY 2008-09 - 30% Rates Residential Property Use Categories Rate Per Dwelling Unit Residential $59,00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0,1] Industrial/Warehouse $0,03 Institutional $0.15 Nursing Home $0,32 Total Estimated Gross Revenue $3,301,688 Total Estimated Exempt Buy-down ($423,250) Inst. Tax Exempt (143,502) Government (183,415) Nursing Home (96,333) Total Estimated Net Revenue $2,878,438 FY 2008-09 - 25% Rates Residential Property Use Categories Rate Per Dwelling Unit Residential $49.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.11 Industrial/Warehouse $0.03 I nstitutiona I $0.12 Nursing Home $0.27 Total Estimated Gross Revenue $2,751,406 Total Estimated Exempt Buy-down ($346,640) Inst. Tax Exempt (115,197) Government (148,325) Nursing Home (83,111) Total Estimated Net Revenue $2,404,766 :, June 3, 2008 XII. - LEGAL - 2nd Reading Non-Development ITEM 8.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dales in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 15,2008 March 31, 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14, 2008 (Noon) [ZJ July 1,2008 June 16,2008 (Noon) D May 20, 2008 May 5, 2008 (Noon) D July 15,2008 June 30, 2008 (Noon) D June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July 14,2008 (Noon) D Anno uncements/Presentati ons 0 City Manager's Report NATURE OF D Admin istrative 0 New Business AGENDA ITEM 0 Consent Agenda [ZJ Legal D Code Compliance & Legal Settlements 0 Unfinished Business D Public Hearing 0 RECOMMENDA TION: To adopt on second reading Ordinance 08-017 that authorizes a non-ad valorem assessment to fund fire services, The current assessment has been in place since October 1,2001 and sunsets at the end of the current fiscal year. This ordinance is necessary to authorize a new fire assessment process. EX PLANA TION: This Ordinance authorizes a non-ad valorem assessment to fund fire services and provides the first step in approving the new fire assessment The Ordinance sets forth the Commissions' authority to fix an annual assessment against real property, which will generate funds for the purpose of operating, maintaining, and improving fire services, The Ordinance does not establish a specific assessment rate, The assessment rates will be fixed by an initial or preliminary assessment resolution and subsequently by annual assessment resolutions, Prior to the final rate resolution being considered at a subsequent Commission meeting, an initial rate resolution will be on the July 1,2008 Commission Agenda. PROGRAM 1M PACT: Enactment of this ordinance will authorize a fire special assessment to generate funds for the purpose of operating, maintaining, and improving fire services, The fire assessment will not fund emergency medical services. By separate accounting within the budget, revenues generated as a result of this non-ad valorem assessment will be expended for personnel, operating, and capital costs for the fire services provided by the City's integrated Fire Rescue Department It is anticipated that the initial year of the assessment will generate up to $3,35M (assuming a rate at 35% of assessable costs) for fiscal year 2008/09, depending on the rate structure approved by the City Commission, Note that the ordinance authorizes the special assessment, but does not impose one, A fire special assessment will be imposed upon the adoption of a final assessment resolution considered at a public hearing on September 9, 2008. FISCAL IMPACT: All costs associated with implementation and annual maintenance costs are recovered through the assessment process should the City Commission impose a special assessment authorized by this Ordinance, AL TERNA TIVES: Failure to adopt the ordinance will mean that the fire special assessment cannot be imposed, which will result in shortfall of approximately $2.7M in the Fire Rescue Department budget that may result in ei her increased taxes or in the elimination of approEIY 24 Firefig~ter positions, '[\' . .-"'~ ,-->i~( l /j.u...-'-'--'~,- I/' Department Head's Signature gnature Assistant to City Manager ~' Department Name City Attorney I Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH, FLORIDA FIRE RESCUE ASSESSMENT ORDINANCE FIRST READING JUNE 17, 2008 SECOND READING JULY 1, 2008 TABLE OF CONTENTS PAGE ARTICLE I INTRODUCTION SECTION 1.01. DEFINITIONS. ... ... ...... ,.. ..... ..... ............ ... ..... ....... ..... .... ...... ..... ....... .....2 SECTION 1.02. INTERPRETATION. ........... ............, ........ ...........................................6 SECTION 1.03. GENERAL FINDINGS. .................................. ..................................... 7 SECTION 1.04. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT.............. 8 ARTICLE II ANNUAL FIRE RESCUE ASSESSMENTS SECTION 2,01. GENERAL AUTHORITY. .................................................................. 9 SECTION 2.02. IN ITIAL PROCEEDINGS. ............................... .................................. 9 SECTION 2.03. IN ITIAL ASSESSMENT ROLL........................................................ 10 SECTION 2.04. NOTICE BY PUBLICATION. ..........................................................10 SECTION 2.05. NOTICE BY MAIL. .............................................................,............11 SECTION 2.06. ADOPTION OF FINAL ASSESSMENT RESOLUTION. ................. 14 SECTION 2.07. EFFECT OF FINAL ASSESSMENT RESOLUTION. ..,...................15 SECTION 2.08. ANNUAL ADOPTION PROCEDURES. .....................,.................... 15 SECTION 2.09, LIEN OF FIRE RESCUE ASSESSMENTS. ........,...........................19 SECTION 2.10, REVISIONS TO FIRE RESCUE ASSESSMENTS. ....................,... 19 SECTION 2.11. PROCEDURAL IRREGULARITIES. ............................................... 20 SECTION 2.12. CORRECTION OF ERRORS AND OMISSIONS. .......................... 20 SECTION 2,13. INTERIM ASSESSMENTS. .......................................................,..., 22 SECTION 2.14. AUTHORIZATION FOR EXEMPTIONS........................ ......... ..21 ARTICLE III COLLECTION AND USE OF FIRE RESCUE ASSESSMENTS SECTION 3.01. METHOD OF COLLECTION. ................................................,........ 25 SECTION 3.02. AL TERNATIVE METHOD OF COLLECTION. ................................25 SECTION 3.03. GOVERNMENT PROPERTY. ........................................................ 28 ARTICLE IV GENERAL PROVISIONS SECTION 4.01. APPLICABILITY. ....................................................... ....,................ 30 SECTION 4.02. AL TERNA TIVE METHOD............................................................... 30 SECTION 4.03. SEVERABILITY. ............................................, ...... ..........................30 SECTION 4.04. EFFECTIVE DATE. .....,.......................................,......................,...30 i 1 ORDINANCE NO. 2008- 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA; RELATING TO 5 THE PROVISION OF FIRE RESCUE SERVICES, 6 FACILITIES, AND PROGRAMS THROUGHOUT THE 7 INCORPORATED AREAS OF BOYNTON BEACH, 8 FLORIDA; AUTHORIZING THE IMPOSITION AND 9 COLLECTION OF FIRE RESCUE ASSESSMENTS 10 AGAINST PROPERTY; PROVIDING CERTAIN 11 DEFINITIONS INCLUDING A DEFINITION FOR THE 12 TERM "FIRE RESCUE ASSESSMENT"; ESTABLISHING 13 A PROCEDURE FOR IMPOSING FIRE RESCUE 14 ASSESSMENTS; PROVIDING THAT FIRE RESCUE 15 ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED 16 PROPERTY UPON ADOPTION OF ASSESSMENT ROLL; 17 PROVIDING THA T THE LIEN FOR A FIRE RESCUE 18 ASSESSMENT COLLECTED PURSUANT TO SECTIONS 19 197.3632 AND 197.3635, FLORIDA STATUTES, UPON 20 PERFECTION SHALL A TT ACH TO THE PROPERTY ON 21 THE PRIOR JANUARY 1, THE LIEN DATE FOR AD 22 VALOREM TAXES; PROVIDING THAT A PERFECTED 23 LIEN SHALL BE EQUAL IN RANK AND DIGNITY WITH 24 THE LIENS OF ALL STATE, COUNTY, DISTRICT, OR 25 MUNICIPAL TAXES AND ASSESSMENTS AND 26 SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, 27 MORTGAGES, TITLES, AND CLAIMS; AUTHORIZING 28 THE IMPOSITION OF INTERIM ASSESSMENTS; 29 PROVIDING AUTHORIZA TION FOR EXEMPTIONS; 30 PROVIDING A PROCEDURE FOR THE COLLECTION OF 31 FIRE RESCUE ASSESSMENTS; PROVIDING A 32 MECHANISM FOR THE IMPOSITION OF 33 ASSESSMENTS ON GOVERNMENT PROPERTY; 34 PROVIDING FOR SEVERABILITY; AND PROVIDING AN 35 EFFECTIVE DATE. 36 37 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 38 EACH, FLORIDA: 1 I 1 2 ARTICLE I 3 INTRODUCTION 4 SECTION 1.01. DEFINITIONS. As used in this Ordinance, the following 5 words and terms shall have the following meanings, unless the context clearly 6 otherwise requires: 7 "Annual Rate Resolution" means the resolution described in Section 2.08 8 hereof, establishing the rate at which a Fire Rescue Assessment for a specific Fiscal 9 Year will be computed. The Final Assessment Resolution shall constitute the Annual 10 Rate Resolution for the initial Fiscal Year in which a Fire Rescue Assessment is 11 imposed or reimposed. 12 "Assessed Property" means all parcels of land included on the Assessment 13 Roll that receive a special benefit from the delivery of the fire rescue services, 14 programs or facilities identified in the Initial Assessment Resolution or a subsequent 15 Preliminary Rate Resolution. 16 "Assessment Roll" means the special assessment roll relating to a Fire 17 escue Assessment approved by a Final Assessment Resolution pursuant to Section 18 .06 hereof or an Annual Rate Resolution pursuant to Section 2.08 hereof. 19 "Building" means any structure, whether temporary or permanent, built for 20 upport, shelter or enclosure of persons, chattel, or property of any kind, including 21 obile homes. This term shall include the use of land in which lot or spaces are 22 ffered for use, rent or lease for the placement of mobile homes, travel trailers, or the 23 ike for residential purposes. 2 1 "Certificate of Occupancy" means the written certification issued by the Cit~ 2 that a Building is ready for occupancy for its intended use. For the purposes of this 3 Ordinance, a set up or tie down permit or its equivalent issued for a mobile home shall 4 be considered a Certificate of Occupancy. 5 "City" means the City of Boynton Beach, Florida, 6 "City Clerk" means the Clerk of the City Commission. 7 "City Commission" means the City Commission of the City of Boynton Beach, 8 Florida. 9 "City Manager" means the chief administrative officer of the City, designated 10 by the City Commission to be responsible for coordinating Fire Rescue Assessments 11 or such person's designee, 12 "County" means Palm Beach County, Florida. 13 "Final Assessment Resolution" means the resolution described in Section 14 2,06 hereof which shall confirm, modify, or repeal the Initial Assessment Resolution 15 and which shall be the final proceeding for the initial imposition of Fire Rescue 16 ssessments, 17 "Fire Rescue Assessment" means a special assessment lawfully imposed by 18 he City Commission against Assessed Property to fund all or any portion of the cost of 19 he provision of fire rescue services, facilities, or programs providing a special benefit 20 o property as a consequence of possessing a logical relationship to the value, use, or 21 haracteristics of the Assessed Property, 22 "Fire Rescue Assessed Cost" means the amount determined by the City 23 ommission to be assessed in any Fiscal Year to fund all or any portion of the cost of 3 1 the provision of fire rescue services, facilities, or programs which provide a special 2 benefit to Assessed Property, and shall include, but not be limited to, the following 3 components: (A) the cost of physical construction, reconstruction or completion of any 4 required facility or improvement; (8) the costs incurred in any required acquisition or 5 purchase; (C) the cost of all labor, materials, machinery, and equipment; (0) the cost 6 of fuel, parts, supplies, maintenance, repairs, and utilities; (E) the cost of computer 7 services, data processing, and communications; (F) the cost of all lands and interest 8 therein, leases, property rights, easements, and franchises of any nature whatsoever; 9 (G) the cost of any indemnity or surety bonds and premiums for insurance; (H) the cost 10 of salaries, volunteer pay, workers' compensation insurance, or other employment 11 benefits; (I) the cost of uniforms, training, travel, and per diem; (J) the cost of 12 construction plans and specifications, surveys and estimates of costs; (K) the cost of 13 ngineering, financial, legal, and other professional services; (L) the costs of 14 compliance with any contracts or agreements entered into by the City to provide fire 15 rescue services; (M) all costs associated with the structure, implementation, collection, 16 nd enforcement of the Fire Rescue Assessments, including any service charges of 17 he Tax Collector, or Property Appraiser and amounts necessary to off-set discounts 18 eceived for early payment of Fire Rescue Assessments pursuant to the Uniform 19 ssessment Collection Act or for early payment of Fire Rescue Assessments collected 20 ursuant to Section 3.02 herein; (N) all other costs and expenses necessary or 21 ncidental to the acquisition, provision, or construction of fire rescue services, facilities, 22 r programs, and such other expenses as may be necessary or incidental to any 23 elated financing authorized by the City Commission by subsequent resolution; (0) a 4 I I 1 reasonable amount for contingency and anticipated delinquencies and uncollectiblE. 2 Fire Rescue Assessments; and (P) reimbursement to the City or any other Person for 3 any moneys advanced for any costs incurred by the City or such Person in connection 4 with any of the foregoing components of Fire Rescue Assessed Cost In the event the 5 City also imposes an impact fee upon new growth or development for fire rescue 6 related capital improvements, the Fire Rescue Assessed Cost shall not include costs 7 attributable to capital improvements necessitated by new growth or development that 8 will be paid by such impact fees, The Fire Rescue Assessed Cost shall also not 9 include costs for the provision of emergency medical services by the City, 10 "Fiscal Year" means that period commencing October 1 st of each year and 11 continuing through the next succeeding September 30th, or such other period as may 12 be prescribed by law as the fiscal year for the City, 13 "Government Property" means property owned by the United States of 14 merica or any agency thereof, a sovereign state or nation, the State of Florida or any 15 gency thereof, a county, a special district or a municipal corporation. 16 "Initial Assessment Resolution" means the resolution described In 17 ection 2.02 hereof which shall be the initial proceeding for the identification of the 18 ire Rescue Assessed Cost for which an assessment is to be made and for the 19 mposition of a Fire Rescue Assessment 20 "Maximum Assessment Rate" means the highest rate of a Fire Rescue 21 ssessment noticed pursuant to Section 2.04 and Section 2,05(D) herein and 22 stablished by the City Commission in an Initial Assessment Resolution or Preliminary 5 1 Rate Resolution and confirmed in the Final Assessment Resolution or Annual Rate 2 Resolution. 3 "Ordinance" means this Fire Rescue Assessment Ordinance. 4 "Owner" shall mean the Person reflected as the owner of Assessed Property 5 on the Tax Roll. 6 "Person" means any individual, partnership, firm, organization, corporation, 7 association, or any other legal entity, whether singular or plural, masculine or feminine, 8 as the context may require. 9 "Preliminary Rate Resolution" means the resolution described in Section 2.08 10 hereof initiating the annual process for updating the Assessment Roll and directing the 11 reimposition of Fire Rescue Assessments pursuant to an Annual Rate Resolution. 12 "Property Appraiser" means the Palm Beach County Property Appraiser. 13 "Tax Collector" means the Palm Beach County Tax Collector. 14 "Tax Roll" means the real property ad valorem tax assessment roll maintained 15 y the Property Appraiser for the purpose of the levy and collection of ad valorem 16 axes. 17 "Uniform Assessment Collection Act" means sections 197.3632 and 18 97.3635, Florida Statutes, or any successor statutes authorizing the collection of non- 19 d valorem assessments on the same bill as ad valorem taxes, and any applicable 20 egulations promulgated thereunder. 21 SECTION 1.02. INTERPRETATION. Unless the context indicates 22 therwise, words importing the singular number include the plural number, and vice 23 ersa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms 6 I 1 refer to this Ordinance; and the term "hereafter" means after, and the term "heretofore 2 means before, the effective date of this Ordinance, Words of any gender include the 3 correlative words of the other genders, unless the sense indicates otherwise, 4 SECTION 1.03. GENERAL FINDINGS. It IS hereby ascertained, 5 determined, and declared that: 6 (A) Pursuant to Article VIII, section 2(b), Florida Constitution, and sections 7 166.021 and 166.041, Florida Statutes, the City Commission has all powers of local 8 self-government to perform municipal functions and to render municipal services in a 9 manner not inconsistent with law, and such power may be exercised by the enactment 10 of City ordinances. 11 (B) The City Commission may exercise any governmental, corporate, or 12 proprietary power for a municipal purpose except when expressly prohibited by law, 13 nd the City Commission may legislate on any subject matter on which the Florida 14 egislature may act, except those subjects described in (a), (b), (c), and (d) of section 15 166.021(3), Florida Statutes. The subject matter of paragraphs (a), (b), (c), and (d) of 16 ection 166.021 (3), Florida Statutes, are not relevant to the imposition of assessments 17 elated to fire rescue services, facilities or programs of the City. 18 (C) The purpose of this Ordinance is to (1) provide procedures and 19 tandards for the imposition of citywide Fire Rescue Assessments under the general 20 ome rule powers of a municipality to impose special assessments; (2) authorize a 21 rocedure for the funding of fire rescue services, facilities, or programs providing 22 pecial benefits to property within the City; and (3) legislatively determine the special 7 1 benefit provided to Assessed Property from the provision of the City's consolidated fire 2 rescue services. 3 (0) The annual Fire Rescue Assessments, to be imposed using the 4 procedures provided in this Ordinance, shall constitute non-ad valorem assessments 5 within the meaning and intent of the Uniform Assessment Collection Act. 6 (E) The Fire Rescue Assessments to be imposed using the procedures 7 provided in this Ordinance are imposed by the City Commission, not the Palm Beach 8 County Board of County Commissioners, the Property Appraiser or the Tax Collector. 9 The duties of the Property Appraiser and Tax Collector under the provisions of this 10 Ordinance and the Uniform Assessment Collection Act are ministerial. 11 SECTION 1.04. LEGISLA TIVE DETERMINA TIONS OF SPECIAL 12 BENEFIT. It is hereby ascertained and declared that the fire rescue services, 13 acilities, and programs provide a special benefit to property because fire rescue 14 ervices possess a logical relationship to the use and enjoyment of improved property 15 y: (1) protecting the value and integrity of the improvements and structures through 16 he provision of available fire rescue services; (2) protecting the life and safety of 17 ntended occupants in the use and enjoyment of property; (3) lowering the cost of fire 18 nsurance by the presence of a professional and comprehensive fire rescue program 19 ithin the City; and (4) containing the spread of fire incidents occurring on vacant 20 roperty with the potential to spread and endanger the structures and occupants of 21 mproved property. 22 8 1 ARTICLE II 2 ANNUAL FIRE RESCUE ASSESSMENTS 3 SECTION 2.01. GENERAL AUTHORITY. 4 (A) The City Commission is hereby authorized to impose an annual Fire 5 Rescue Assessment to fund all or any portion of the Fire Rescue Assessed Cost upon 6 benefitted property at a rate of assessment based on the special benefit accruing to 7 such property from the City's provision of fire rescue services, facilities, or programs, 8 All Fire Rescue Assessments shall be imposed in conformity with the procedures set 9 forth in this Article II, 10 (B) The amount of the Fire Rescue Assessment imposed in a Fiscal Year 11 against a parcel of Assessed Property shall be determined pursuant to an 12 pportionment methodology based upon a classification of property designed to 13 rovide a fair and reasonable apportionment of the Fire Rescue Assessed Cost among 14 roperties on a basis reasonably related to the special benefit provided by fire rescue 15 ervices, facilities, or programs funded with assessment proceeds. 16 (C) Nothing contained in this Ordinance shall be construed to require the 17 mposition of Fire Rescue Assessments against Government Property. 18 SECTION 2.02. INITIAL PROCEEDINGS. The initial proceeding for the 19 mposition of a Fire Rescue Assessment shall be the adoption of an Initial Assessment 20 esolution by the City Commission, (1) containing a brief and general description of 21 he fire rescue services, facilities, or programs to be provided, (2) determining the Fire 22 escue Assessed Cost to be assessed, (3) describing the method of apportioning the 23 ire Rescue Assessed Cost and the computation of the Fire Rescue Assessment for 9 1 specific properties, (4) establishing an estimated assessment rate for the upcoming 2 Fiscal Year, (5) establishing a Maximum Assessment Rate, if desired by the City 3 Commission, and (6) directing the City Manager to (a) prepare the initial Assessment 4 Roll, as required by Section 2.03 hereof, (b) publish the notice required by Section 5 2.04 hereof, and (c) mail the notice required by Section 2.05 hereof using information 6 then available from the Tax Roll. 7 SECTION 2.03. INITIAL ASSESSMENT ROLL. 8 (A) The City Manager shall prepare, or direct the preparation of, the initial 9 Assessment Roll, which shall contain the following: 10 (1) A summary description of all Assessed Property conforming to the 11 description contained on the Tax Roll. 12 (2) The name of the Owner of the Assessed Property. 13 (3) The amount of the Fire Rescue Assessment to be imposed against each 14 such parcel of Assessed Property. 15 (B) The initial Assessment Roll shall be retained by the City Manager and 16 hall be open to public inspection. The foregoing shall not be construed to require that 17 he Assessment Roll be in printed form if the amount of the Fire Rescue Assessment 18 or each parcel of property can be determined by use of a computer terminal available 19 o the public. 20 SECTION 2.04. NOTICE BY PUBLICATION. 21 (A) Upon completion of the initial Assessment Roll, the City Manager shall 22 ublish, or direct the publication of, once in a newspaper of general circulation within 23 he City a notice stating that at a meeting of the City Commission on a certain day and 10 I i 1 hour, not earlier than 20 calendar days from such publication, which meeting shall be , 2 regular, adjourned, or special meeting, the City Commission will hear objections of all 3 interested persons to the Final Assessment Resolution which shall establish the rate of 4 assessment and approve the aforementioned initial Assessment Roll. 5 (B) The published notice shall conform to the requirements set forth in the 6 Uniform Assessment Collection Act. Such notice shall include (1) a geographic 7 depiction of the property subject to the Fire Rescue Assessment; (2) a brief and 8 general description of the fire rescue services, facilities, or programs to be provided; 9 (3) the rate of assessment including a Maximum Assessment Rate in the event one 10 was adopted; (4) the procedure for objecting provided in Section 2,06 hereof; (5) the 11 method by which the Fire Rescue Assessment will be collected; and (6) a statement 12 that the Initial Assessment Roll is available for inspection at the office of the City CierI-' 13 and all interested persons may ascertain the amount to be assessed against a parcel 14 of Assessed Property at the office of the City Clerk. 15 SECTION 2.05. NOTICE BY MAIL. 16 (A) In addition to the published notice required by Section 2.04, the City 17 Manager shall provide notice, or direct the provision of notice, of the proposed Fire 18 escue Assessment by first class mail to the Owner of each parcel of property (except 19 overnment Property) subject to the Fire Rescue Assessment. 20 (B) Pursuant to Chapter 92-264, Laws of Florida, as amended by Chapter 21 003-348, Laws of Florida (collectively, the "Special Act"), a special act relating to the 22 ounty, notice of the Fire Rescue Assessment for each Tax Parcel shall be included 23 y the Property Appraiser as part of the notice of proposed property taxes under 11 1 Section 200.069, Florida Statutes, the truth-in-millage notification (''TRIM Notice"). 2 The City Manager shall provide to the Property Appraiser, no later than August 1 of 3 each year, the Fire Rescue Assessment rate expressed in dollars and cents per billing 4 unit, the associated Fire Rescue Assessment amount, and the purpose of the Fire 5 Rescue Assessment. The Property Appraiser shall include notice of the Fire Rescue 6 Assessment in TRIM Notice in the manner directed by the Special Act. The TRIM 7 Notice shall be mailed at least 20 calendar days prior to the public hearing to each 8 Owner at such address as is shown on the Tax Roll. 9 (C) Pursuant to the Special Act, inclusion of the Fire Rescue Assessment in 10 the TRIM Notice shall constitute satisfaction of any notice or mailing required under 11 Section 197.3632(4)(b), Florida Statutes, unless one of the following circumstances 12 apply: 13 (1 ) The Fire Rescue Assessment is being levied for the first time; 14 (2) The City's boundaries have changed, unless all newly affected 15 roperty owners have provided written consent for imposition of the Fire Rescue 16 ssessment to the City Commission; 17 (3) There is a change in the purpose of the Fire Rescue Assessment 18 r the use of the revenue from the Fire Rescue Assessment; or 19 (4) The Fire Rescue Assessment rate is increased beyond the 20 aximum Assessment Rate authorized by law or judicial decree at the time of initial 21 mposition. 22 (0) In the event one of the circumstances listed in Paragraph (C) above 23 pply, the City shall provide additional notice by first class mail to the Owner of each 12 1 parcel of Assessed Property as required by Section 197,3632(4)(b), Such notice sha 2 include (1) the purpose of the Fire Rescue Assessment; (2) the rate of assessment to 3 be levied against each parcel of property, including a Maximum Assessment Rate in 4 the event one was adopted; (3) the unit of measurement applied to determine the Fire 5 Rescue Assessment; (4) the number of such units contained in each parcel of 6 property; (5) the total revenue to be collected by the City from the Fire Rescue 7 Assessment; (6) a statement that failure to pay the Fire Rescue Assessment will cause 8 a tax certificate to be issued against the property or foreclosure proceedings to be 9 instituted, either of which may result in a loss of title to the property; (7) a statement 10 that all affected Owners have a right to appear at the hearing and to file written 11 objections with the City Commission within 20 days of the notice; and (8) the date, 12 time, and place of the hearing. 13 (E) The mailed notice required pursuant to Paragraph (0) shall conform to 14 he requirements set forth in the Uniform Assessment Collection Act. Such notice 15 hall be mailed at least 20 calendar days prior to the hearing to each Owner at such 16 ddress as is shown on the Tax Roll. Notice shall be deemed mailed upon delivery 17 hereof to the possession of the United States Postal Service. The City Manager may 18 rovide proof of such notice by affidavit. Failure of the Owner to receive such notice 19 ue to mistake or inadvertence shall not affect the validity of the Assessment Roll nor 20 elease or discharge any obligation for payment of a Fire Rescue Assessment 21 mposed by the City Commission pursuant to this Ordinance. 13 1 (F) A change in the Fire Rescue Assessment rate which does not increase 2 the assessment beyond the Maximum Assessment Rate shall not require the mailing 3 of a notice other than the TRIM Notice. 4 SECTION 2.06. ADOPTION OF FINAL ASSESSMENT 5 RESOLUTION. 6 (A) At the public hearing as noticed pursuant to Sections 2.04 and 2.05 7 hereof, or to which an adjournment or continuance may be taken by the City 8 Commission, the City Commission shall receive any oral or written objections of 9 interested persons and may then, or at any subsequent meeting of the City 10 Commission adopt the Final Assessment Resolution which shall (1) confirm, modify, or 11 repeal the Initial Assessment Resolution with such amendments, if any, as may be 12 deemed appropriate by the City Commission; (2) establish the rate of assessment to 13 be imposed in the upcoming Fiscal Year; (3) establish a Maximum Assessment Rate 14 hat may be imposed in the event such rate was adopted; (4) approve the initial 15 ssessment Roll, with such amendments as it deems just and right; and (5) determine 16 he method of collection. 17 (8) The adoption of the Final Assessment Resolution by the City 18 ommission shall constitute a legislative determination that all parcels assessed 19 erive a special benefit from the fire rescue services, facilities, or programs to be 20 rovided or constructed and a legislative determination that the Fire Rescue 21 ssessments are fairly and reasonably apportioned among the properties that receive 22 he special benefit. 14 1 (C) All written objections to the Final Assessment Resolution shall be file 2 with the City Manager at or before the time or adjourned time of such hearing, The 3 Final Assessment Resolution shall constitute the Annual Rate Resolution for the initial 4 Fiscal Year in which Fire Rescue Assessments are imposed or reimposed hereunder. 5 SECTION 2.07. EFFECT OF FINAL ASSESSMENT RESOLUTION. The 6 Fire Rescue Assessments for the initial Fiscal Year shall be established upon adoption 7 of the Final Assessment Resolution, The adoption of the Final Assessment Resolution 8 shall be the final adjudication of the issues presented (including, but not limited to, the 9 determination of special benefit and fair apportionment to the Assessed Property; the 10 method of apportionment and assessment; the initial rate of assessment; the 11 Maximum Assessment Rate, if any; the initial Assessment Roll; and the levy and lien 12 of the Fire Rescue Assessments), unless proper steps shall be initiated in a court Of 13 competent jurisdiction to secure relief within 20 days from the date of the City 14 Commission action on the Final Assessment Resolution. The initial Assessment Roll, 15 s approved by the Final Assessment Resolution, shall be delivered to the Tax 16 ollector, as required by the Uniform Assessment Collection Act, or if the alternative 17 ethod described in Section 3.02 hereof is used to collect the Fire Rescue 18 ssessments, such other official as the City Commission by resolution shall designate. 19 SECTION 2.08. ANNUAL ADOPTION PROCEDURES. 20 (A) Annually, during the budget adoption process, the City Commission shall 21 etermine whether to impose the Fire Rescue Assessment for the upcoming Fiscal 22 ear. If the City Commission elects to reimpose the Fire Rescue Assessment, the 23 rocedures in this Section 2.08 shall apply. 15 1 (B) The initial proceedings for the reimposition of an annual Fire Rescue 2 Assessment shall be the adoption of a Preliminary Rate Resolution by the City 3 Commission (1) containing a brief and general description of the fire rescue services, 4 facilities, or programs to be provided; (2) determining the Fire Rescue Assessed Cost 5 to be assessed for the upcoming Fiscal Year; (3) establishing the estimated 6 assessment rate for the upcoming Fiscal Year; (4) establishing or increasing a 7 Maximum Assessment Rate, if desired by the City Commission; (5) authorizing the 8 date, time, and place of a public hearing to receive and consider comments from the 9 public and consider the adoption of the Annual Rate Resolution for the upcoming 10 Fiscal Year; and (6) directing the City Manager to (a) update the Assessment Roll, (b) 11 provide notice by publication and first class mail to affected Owners in the event 12 circumstances described in subsection (F) of this Section so require, and (c) directing 13 and authorizing any supplemental or additional notice deemed proper, necessary or 14 convenient by the City. 15 (C) At the public hearing established in the Preliminary Rate Resolution or to 16 hich an adjournment or continuance may be taken by the City Commission, the City 17 ommission shall receive any oral or written objections of interested persons and may 18 hen, or at any subsequent meeting of the City Commission, adopt the Annual Rate 19 esolution, which shall (1) establish the rate of assessment to be imposed in the 20 pcoming Fiscal Year and (2) approve the Assessment Roll for the upcoming Fiscal 21 ear with such adjustments as the City Commission deems just and right. The 22 ssessment Roll shall be prepared in accordance with the method of apportionment 23 et forth in the Initial Assessment Resolution, or any subsequent Preliminary Rate 16 j i Ii , , , 1 Resolution, together with modifications, if any, that are provided and confirmed in thE 2 Final Assessment Resolution or any subsequent Annual Rate Resolution, 3 (0) Nothing herein shall preclude the City Commission from providing annual 4 notification to all Owners of Assessed Property in the manner provided in Sections 5 2.04 and/or 2.05 hereof or any other method as provided by law. 6 (E) The City Commission may establish or increase a Maximum Assessment 7 Rate in an Initial Assessment Resolution or Preliminary Rate Resolution and confirm 8 such Maximum Assessment Rate in the Annual Rate Resolution in the event notice of 9 such Maximum Rate Assessment has been included in the notices required by Section 10 2,04 and/or 2.05 hereof. 11 (F) In the event (1) the proposed Fire Rescue Assessment for any Fiscal 12 Year exceeds the rates of assessment adopted by the City Commission including a 13 Maximum Assessment Rate, if any, that were listed in the notices previously provided 14 o the Owners of Assessed Property pursuant to Sections 2.04 and 2,05 hereof, (2) the 15 urpose for which the Fire Rescue Assessment is imposed or the use of the revenue 16 rom the Fire Rescue Assessment is substantially changed from that represented by 17 otice previously provided to the Owners of Assessed Property pursuant to Sections 18 .04 and 2.05 hereof, (3) Assessed Property is reclassified or the method of 19 pportionment is revised or altered resulting in an increased Fire Rescue Assessment 20 rom that represented by notice previously provided to the Owners of Assessed 21 roperty pursuant to Sections 2.04 and 2,05 hereof, or (4) an Assessment Roll 22 ontains Assessed Property that was not included on the Assessment Roll approved 23 or the prior Fiscal Year, notice shall be provided by publication and first class mail to i 17 1 the Owners of such Assessed Property as provided by law. Such notice shall 2 substantially conform with the notice requirements set forth in Sections 2.04 and 2.05 3 hereof and inform the Owner of the date, time, and place for the adoption of the 4 Annual Rate Resolution. The failure of the Owner to receive such notice due to 5 mistake or inadvertence, shall not affect the validity of the Assessment Roll nor 6 release or discharge any obligation for payment of a Fire Rescue Assessment 7 imposed by the City Commission pursuant to this Ordinance. 8 (G) As to any Assessed Property not included on an Assessment Roll 9 approved by the adoption of the Final Assessment Resolution or a prior year's Annual 10 Rate Resolution, the adoption of the succeeding Annual Rate Resolution shall be the 11 final adjudication of the issues presented as to such Assessed Property (including, but 12 not limited to, the determination of special benefit and fair apportionment to the 13 Assessed Property, the method of apportionment and assessment, the rate of 14 assessment, the establishment or increase of a Maximum Assessment Rate, the 15 ssessment Roll, and the levy and lien of the Fire Rescue Assessments), unless 16 proper steps shall be initiated in a court of competent jurisdiction to secure relief within 17 o days from the date of the City Commission action on the Annual Rate Resolution. 18 othing contained herein shall be construed or interpreted to affect the finality of any 19 ire Rescue Assessment not challenged within the required 20-day period for those 20 ire Rescue Assessments previously imposed against Assessed Property by the 21 nclusion of the Assessed Property on an Assessment Roll approved in the Final 22 ssessment Resolution or any subsequent Annual Rate Resolution. 18 I 1 (H) The Assessment Roll, as approved by the Annual Rate Resolution. sha' 2 be delivered to the Tax Collector as required by the Uniform Assessment Collection 3 Act, or if the alternative method described in Section 3.02 hereof is used to collect the 4 Fire Rescue Assessments, such other official as the City Commission by resolution 5 shall designate. If the Fire Rescue Assessment against any property shall be 6 sustained, reduced, or abated by the court, an adjustment shall be made on the 7 Assessment Roll. 8 SECTION 2.09. LIEN OF FIRE RESCUE ASSESSMENTS. Upon the 9 adoption of the Assessment Roll, all Fire Rescue Assessments shall constitute a lien 10 against Assessed Property equal in rank and dignity with the liens of all state, county, 11 district, or municipal taxes and special assessments. Except as otherwise provided by 12 law, such lien shall be superior in dignity to all other prior liens, mortgages, titles, and 13 claims, until paid. The lien for a Fire Rescue Assessment shall be deemed perfected 14 upon the City Commission's adoption of the Final Assessment Resolution or the 15 nnual Rate Resolution, whichever is applicable. The lien for a Fire Rescue 16 ssessment collected under the Uniform Assessment Collection Act shall attach to the 17 property included on the Assessment Roll as of the prior January 1, the lien date for ad 18 alorem taxes imposed under the Tax Roll. The lien for a Fire Rescue Assessment 19 ollected under the alternative method of collection provided in Section 3.02 shall be 20 eemed perfected upon the City Commission's adoption of the Final Assessment 21 esolution or the Annual Rate Resolution, whichever is applicable, and shall attach to 22 he property on such date of adoption, 19 1 SECTION 2.10. REVISIONS TO FIRE RESCUE ASSESSMENTS. If any 2 Fire Rescue Assessment made under the provisions of this Ordinance is either in 3 whole or in part annulled, vacated, or set aside by the judgment of any court, or if the 4 City Commission is satisfied that any such Fire Rescue Assessment is so irregular or 5 defective that the same cannot be enforced or collected, or if the City Commission has 6 failed to include or omitted any property on the Assessment Roll, which property 7 should have been so included, the City Commission may take all necessary steps to 8 impose a new Fire Rescue Assessment against any property benefited by the Fire 9 Rescue Assessed Costs, following as nearly as may be practicable, the provisions of 10 this Ordinance and in case such second Fire Rescue Assessment is annulled, 11 vacated, or set aside, the City Commission may obtain and impose other Fire Rescue 12 Assessments until a valid Fire Rescue Assessment is imposed. 13 SECTION 2.11. PROCEDURAL IRREGULARITIES. Any informality or 14 irregularity in the proceedings in connection with the levy of any Fire Rescue 15 ssessment under the provisions of this Ordinance shall not affect the validity of the 16 same after the approval thereof, and any Fire Rescue Assessment as finally approved 17 hall be competent and sufficient evidence that such Fire Rescue Assessment was 18 uly levied, that the Fire Rescue Assessment was duly made and adopted, and that all 19 ther proceedings adequate to such Fire Rescue Assessment were duly had, taken, 20 nd performed as required by this Ordinance; and no variance from the directions 21 ereunder shall be held material unless it be clearly shown that the party objecting 22 as materially injured thereby. 23 SECTION 2.12. CORRECTION OF ERRORS AND OMISSIONS. 20 1 (A) No act of error or omission on the part of the Property Appraiser, Ta. 2 Collector, City Manager, City Commission, or their deputies or employees, shall 3 operate to release or discharge any obligation for payment of a Fire Rescue 4 Assessment imposed by the City Commission under the provision of this Ordinance, 5 (B) When it shall appear that any Fire Rescue Assessment should have 6 been imposed under this Ordinance against a parcel of property specially benefited by 7 the provision of fire rescue services, facilities, or programs, but that such property was 8 omitted from the Assessment Roll; or such property was erroneously assessed; or was 9 not listed on the Tax Roll as an individual parcel of property as of the effective date of 10 the Assessment Roll approved by the Annual Rate Resolution for any upcoming Fiscal 11 Year, the City Commission may, upon provision of a notice by mail provided to the 12 Owner of the omitted or erroneously assessed parcel in the manner and form providec' 13 in Section 2,05, impose the applicable Fire Rescue Assessment for the Fiscal Year in 14 hich such error or omission is discovered, in addition to the applicable Fire Rescue 15 ssessment due for the prior two Fiscal Years. Such Fire Rescue Assessment shall 16 onstitute a lien against Assessed Property equal in rank and dignity with the liens of 17 II state, county, district, or municipal taxes and special assessments, and superior in 18 ank and dignity to all other prior liens, mortgages, titles, and claims in and to or 19 gainst the real property involved, shall be collected as provided in Article III hereof, 20 nd shall be deemed perfected on the date of adoption of the resolution imposing the 21 mitted or delinquent assessments. 22 (C) Prior to the delivery of the Assessment Roll to the Tax Collector in 23 ccordance with the Uniform Assessment Collection Act, the City Manager shall have 21 1 the authority at any time, upon his or her own initiative or in response to a timely filed 2 petition from the Owner of any property subject to a Fire Rescue Assessment, to 3 reclassify property based upon presentation of competent and substantial evidence, 4 and correct any error in applying the Fire Rescue Assessment apportionment method 5 to any particular parcel of property not otherwise requiring the provision of notice 6 pursuant to the Uniform Assessment Collection Act. Any such correction shall be 7 considered valid ab initio and shall in no way affect the enforcement of the Fire 8 Rescue Assessment imposed under the provisions of this Ordinance. All requests 9 from affected property owners for any such changes, modifications or corrections shall 10 be referred to, and processed by, the City Manager and not the Property Appraiser or 11 Tax Collector. 12 (D) After the Assessment Roll has been delivered to the Tax Collector in 13 accordance with the Uniform Assessment Collection Act, any changes, modifications, 14 or corrections thereto shall be made in accordance with the procedures applicable to 15 correcting errors and insolvencies on the Tax Roll upon timely written request and 16 direction of the City Manager. 17 SECTION 2.13. INTERIM ASSESSMENTS. 18 (A) An interim Fire Rescue Assessment may be imposed against all property 19 or which a Certificate of Occupancy is issued after the adoption of the Annual Rate 20 esolution. The amount of the interim Fire Rescue Assessment shall be calculated 21 pon a monthly rate, which shall be one-twelfth of the annual rate for such property 22 omputed in accordance with the Annual Rate Resolution for the Fiscal Year for which 23 he interim Fire Rescue Assessment is being imposed. Such monthly rate shall be 22 I 1 imposed for each full calendar month remaining in the Fiscal Year. In addition to th 2 monthly rate, the interim Fire Rescue Assessment may also include an estimate of the 3 subsequent Fiscal Year's Fire Rescue Assessment. 4 (B) Issuance of the Certificate of Occupancy without the payment in full of 5 the interim Fire Rescue Assessment shall not relieve the Owner of such property of 6 the obligation of full payment. Any interim Fire Rescue Assessment not collected prior 7 to the issuance of the Certificate of Occupancy may be collected pursuant to the 8 Uniform Assessment Collection Act as provided in Section 3,01 of this Ordinance, 9 under the alternative collection method provided in Section 3,02 or by any other 10 method authorized by law, 11 (C) Any interim Fire Rescue Assessment shall be deemed due and payable 12 on the date the Certificate of Occupancy was issued and shall constitute a lien agains 13 such property as of that date, Said lien shall be equal in rank and dignity with the liens 14 of all state, county, district or municipal taxes and special assessments, and superior 15 in rank and dignity to all other liens, encumbrances, titles and claims in and to or 16 against the real property involved and shall be deemed perfected upon the issuance of 17 he Certificate of Occupancy, 18 SECTION 2.14. AUTHORIZATION FOR EXEMPTIONS. 19 A The City Commission, in its sole discretion, shall determine on an annual 20 asis whether to provide exemptions from payment of the Fire Rescue Assessment for 21 overnment Property or Institutional Property whose use is exempt from ad valorem 22 axation under Florida law, 23 1 B. On an annual basis, the City Commission shall designate the funds 2 available to provide any exemptions. The provision of an exemption in anyone year 3 shall in no way establish a right or entitlement to such exemption in any subsequent 4 year and the provision of funds in any year may be limited to the extent funds are 5 available and appropriated by the City Commission. Any funds designated for 6 exemptions shall be paid by the City from funds other than those generated by the Fire 7 Rescue Assessment. 8 C. Any shortfall in the expected Fire Rescue Assessment proceeds due to 9 any exemption from payment of the Fire Rescue Assessments required by law or 10 authorized by the City Commission shall be supplemented by any legally available 11 funds, or combination of such funds, and shall not be paid for by proceeds or funds 12 derived from the Fire Rescue Assessments. In the event a court of competent 13 urisdiction determines any exemption authorized by the City Commission is improper 14 or otherwise adversely affects the validity of the Fire Rescue Assessment imposed for 15 any Fiscal Year, the sole and exclusive remedy shall be the imposition of a Fire 16 Rescue Assessment upon each affected Tax Parcel in the amount of the Fire Rescue 17 ssessment that would have been otherwise imposed save for the exemption afforded 18 o such Tax Parcel by the City Commission. 19 24 I \ ~ ARTICLE III 2 COLLECTION AND USE OF FIRE RESCUE ASSESSMENTS 3 SECTION 3.01. METHOD OF COLLECTION. 4 (A) Unless otherwise directed by the City Commission, the Fire Rescue 5 Assessments shall be collected pursuant to the uniform method provided in the 6 Uniform Assessment Collection Act, and the City shall comply with all applicable 7 provisions of the Uniform Assessment Collection Act. Any hearing or notice required 8 by this Ordinance may be combined with any other hearing or notice required by the 9 Uniform Assessment Collection Act or other provision of law, 10 (B) The amount of a Fire Rescue Assessment to be collected using the 11 uniform method pursuant to the Uniform Assessment Collection Act for any specific 12 parcel of benefitted property may include an amount equivalent to the paymen' 13 delinquency, delinquency fees and recording costs for a prior year's assessment for a 14 comparable service, facility, or program provided, (1) the collection method used in 15 connection with the prior year's assessment did not employ the use of the uniform 16 method of collection authorized by the Uniform Assessment Collection Act, (2) notice 17 is provided to the Owner as required under the Uniform Assessment Collection Act. 18 and (3) any lien on the affected parcel for the prior year's assessment is supplanted 19 nd transferred to such Fire Rescue Assessment upon certification of a non-ad 20 alorem roll to the Tax Collector by the City, 21 SECTION 3.02. ALTERNATIVE METHOD OF COLLECTION. In lieu of 22 the Uniform Assessment Collection Act, the City Commission may elect to I 25 1 collect the Fire Rescue Assessments by any other method which is authorized by law 2 or under the alternative collection method provided by this Section: 3 (A) The City Commission shall provide Fire Rescue Assessment bills by first 4 class mail to the Owner of each affected parcel of property that is subject to the Fire 5 Rescue Assessment. The bill or accompanying explanatory material shall include (1) 6 a brief explanation of the Fire Rescue Assessment, (2) a description of the unit of 7 measurement used to determine the amount of the Fire Rescue Assessment, (3) the 8 number of units contained within the parcel, (4) the total amount of the Fire Rescue 9 Assessment imposed against the parcel for the appropriate period, (5) the location at 10 which payment will be accepted, (6) the date on which the Fire Rescue Assessment is 11 due, and (7) a statement that the Fire Rescue Assessment constitutes a lien against 12 Assessed Property equal in rank and dignity with the liens of all state, county, district 13 or municipal taxes and other non-ad valorem assessments. 14 (B) A general notice of the lien resulting from imposition of the Fire Rescue 15 Assessments shall be recorded in the Official Records of the City. Nothing herein 16 shall be construed to require that individual liens or releases be filed in the Official 17 Records. 18 (C) The City Commission shall have the right to foreclose and collect all 19 elinquent Fire Rescue Assessments in the manner provided by law for the 20 oreclosure of mortgages on real property or appoint or retain an agent to institute 21 uch foreclosure and collection proceedings. A Fire Rescue Assessment shall 22 ecome delinquent if it is not paid within 30 days from the date payment was due, as 23 dentified in accordance with paragraph (A)(6) of this Section. The City Commission or 26 I I ! ! 1 its agent shall notify any property owner who is delinquent in payment of his or her Fir 2 Rescue Assessment within 60 days from the date such assessment was due, Such 3 notice shall state in effect that the City Commission or its agent will either (1) initiate a 4 foreclosure action or suit in equity and cause the foreclosure of such property subject 5 to a delinquent Fire Rescue Assessment in a method now or hereafter provided by law 6 for foreclosure of mortgages on real property, or (2) cause an amount equivalent to the 7 delinquent Fire Rescue Assessment, not previously subject to collection using the 8 uniform method under the Uniform Assessment Collection Act, to be collected on the 9 tax bill for a subsequent year, 10 (D) All costs, fees and expenses, including reasonable attorney fees and title 11 search expenses, related to any foreclosure action as described herein shall be 12 included in any judgment or decree rendered therein, At the sale pursuant to decreE' 13 in any such action, the City may be the purchaser to the same extent as any Person. 14 The City Commission or its agent may join in one foreclosure action the collection of 15 Fire Rescue Assessments against any or all property assessed in accordance with the 16 provisions hereof All delinquent Owners whose property is foreclosed shall be liable 17 for an apportioned amount of reasonable costs and expenses incurred by the City 18 Commission and its agents, including reasonable attorney fees, in collection of such 19 delinquent Fire Rescue Assessments and any other costs incurred by the City 20 Commission as a result of such delinquent Fire Rescue Assessments and the same 21 hall be collectible as a part of or in addition to, the costs of the action, 22 (E) In lieu of foreclosure, any delinquent Fire Rescue Assessment and the 23 osts, fees and expenses attributable thereto, may be collected pursuant to the i 27 I 1 Uniform Assessment Collection Act; provided however, that (1) notice is provided to 2 the Owner in the manner required by the Uniform Assessment Collection Act and this 3 Ordinance, and (2) any existing lien of record on the affected parcel for the delinquent 4 Fire Rescue Assessment is supplanted by the lien resulting from certification of the 5 Assessment Roll, as applicable, to the Tax Collector. 6 (F) Notwithstanding the City Commission's use of an alternative method of 7 collection, the City Manager shall have the same power and authority to correct errors 8 and omissions as provided to him or other City officials in Section 2.12 hereof. 9 (G) Any City Commission action required in the collection of Fire Rescue 10 Assessments may be by resolution. 11 SECTION 3.03. GOVERNMENT PROPERTY. 12 (A) In the event Fire Rescue Assessments are imposed against Government 13 Property, the City Commission shall provide Fire Rescue Assessment bills by first 14 class mail to the Owner of each affected parcel of Government Property. The bill or 15 accompanying explanatory material shall include (1) a brief explanation of the Fire 16 Rescue Assessment, (2) a description of the unit of measurement used to determine 17 he amount of the Fire Rescue Assessment, (3) the number of units contained within 18 he parcel, (4) the total amount of the parcel's Fire Rescue Assessment for the 19 ppropriate period, (5) the location at which payment will be accepted, and (6) the date 20 n which the Fire Rescue Assessment is due. 21 (B) Fire Rescue Assessments imposed against Government Property shall 22 e due on the same date as all other Fire Rescue Assessments and, if applicable, 23 hall be subject to the same discounts for early payment. 28 1 (C) A Fire Rescue Assessment shall become delinquent if it is not paid withi 2 30 days from the date payment was due, as identified in paragraph (A)(6) of this 3 Section, The City Commission shall notify the Owner of any Government Property that 4 is delinquent in payment of its Fire Rescue Assessment within 60 days from the date 5 such assessment was due, Such notice shall state that the City Commission will 6 initiate a mandamus or other appropriate judicial action to compel payment 7 (0) All costs, fees and expenses, including reasonable attorney fees and title 8 search expenses, related to any mandamus or other action as described herein shall 9 be included in any judgment or decree rendered therein, All delinquent Owners of 10 Government Property against which a mandamus or other appropriate action is filed 11 shall be liable for an apportioned amount of reasonable costs and expenses incurred 12 by the City, including reasonable attorney fees, in collection of such delinquent Firr 13 Rescue Assessments and any other costs incurred by the City Commission as a result 14 of such delinquent Fire Rescue Assessments and the same shall be collectible as a 15 part of or in addition to, the costs of the action, 16 (E) As an alternative to the foregoing, a Fire Rescue Assessment imposed 17 against Government Property may be collected as a surcharge on a utility bill provided 18 to such Government Property in periodic installments with a remedy of a mandamus 19 action in the event of non-payment The City Commission may contract for such billing 20 services with any utility, whether or not such utility is owned by the City, 21 29 1 ARTICLE IV 2 GENERAL PROVISIONS 3 SECTION 4.01. APPLICABILITY. This Ordinance and the City 4 Commission's authority to impose assessments pursuant hereto shall be applicable 5 throughout the City. 6 SECTION 4.02. AL TERNA TIVE METHOD. 7 (A) This Ordinance shall be deemed to provide an additional and alternative 8 method for the doing of the things authorized hereby and shall be regarded as 9 supplemental and additional to powers conferred by other laws, and shall not be 10 regarded as in derogation of any powers now existing or which may hereafter come 11 into existence. This Ordinance, being necessary for the welfare of the inhabitants of 12 the City, shall be liberally construed to effect the purposes hereof. 13 (B) Nothing herein shall preclude the City Commission from directing and 14 authorizing, by resolution, the combination with each other of (1) any supplemental or 15 additional notice deemed proper, necessary, or convenient by the City, (2) any notice 16 required by this Ordinance, or (3) any notice required by law, including the Uniform 17 ssessment Collection Act. 18 SECTION 4.03. SEVERABILITY . The provisions of this Ordinance are 19 everable; and if any section, subsection, sentence, clause or provision is held invalid 20 y any court of competent jurisdiction, the remaining provisions of this Ordinance shall 21 ot be affected thereby. 22 SECTION 4.04. EFFECTIVE DA TE. This Ordinance shall take effect 23 mmediately upon its passage and adoption on the second and final reading. 30 1 PASSED AND ADOPTED on First Reading on the 17th day of June, 2008. 2 PASSED AND ADOPTED on Second Reading and Final Reading on the 1st 3 day of July, 2008, 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 9 Mayor - Jerry Taylor 10 11 12 13 Vice Mayor - Jose Rodriguez 14 15 16 17 Commissioner - Ronald Weiland 18 19 20 21 Commissioner - Woodrow L, Hay 22 23 24 25 Commissioner - Marlene Ross 26 TTEST: 27 28 29 30 31 anet M. Prainito, CMC 32 ity Clerk 33 34 35 36 Corporate Seal) 37 38 39 40 :ICAIOrdinances\Fire Assessment Ordinance_finaJ_06 04 OS.doc 31 Boynton Beach Fire Assessment (Revised 6-3-08 to include Mailed First Class Notice Costs) CURRENT RATES - FY 2007-08 FY 2007-08 Adopted Rates - $3,027,215.00 Gross Revenue RESIDENTIAL PROPERTY USE CATEGORIES Rate Per Dwelling Unit Single Family Residential $70 Multi-Family Residential $42 NON-RESIDENTIAL PROPERTY USE Building Classification (in Industrial! Nursing CATEGORIES square foot ranges) Commercial Warehouse Institutional Homes ~ 1,999 $ 126 $ 35 $ 198 $ 198 2,000 - 3,499 $ 252 $ 69 $ 396 $ 396 3,500 - 4,999 $ 441 $ 121 $ 693 $ 693 5,000 - 9,999 $ 629 $ 173 $ 990 $ 990 10,000 - 19,999 $ 1,259 $ 347 $ 1,980 $ 1,980 20,000 - 29,999 $ 2,518 $ 693 $ 3,960 $ 3.960 30,000 - 39,999 $ 3,777 $ 1,040 $ 5,940 $ 5,940 40,000 - 49,999 $ 5,036 $ 1,386 $ 7,921 $ 7,921 ~ 50,000 $ 6,295 $ 1,733 $ 9,901 $ 9,901 1 June 3. 2008 FY 2008-09 BUDGET ALLOCATIONS Category % of Allocable Budget % of Calls Residential $6,331,801 5753% Commercial $2,705,898 2459% Industrial/Warehouse $378,826 3,44% Institutional $983,963 8.94% Nursing Home $605,137 550% Totals $11,005,625 100.00% FY 2008-09 RATE SCENARIOS FY 2008.09 - 100% Rates Residential Property Use Categories Rate Per Dwelling Unit Residential $194,00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.43 Industrial/Warehouse $0.10 Institutional $0.48 Nursing Home $1.07 Total Estimated Gross Revenue $11,005,625 Total Estimated Exempt Buy-down ($1,382,243) Inst, Tax Exempt ($460,507) Government ($589,265) Nursing Home ($332,4 71) Total Estimated Net Revenue $9,623,382 ) June 3.2008 FY 2008-09 - 75% Rates Residential Property Use Categories Rate Per Dwelling Unit Residential $146.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.33 Industrial/Warehouse $0,08 Institutional $0.36 Nursing Home $0.80 Total Estimated Gross Revenue $8,254,219 Total Estimated Exempt Buy-down $1,038,005 Inst, Tax Exempt (345,309) Government (443,343) Nursing Home (249,353) Total Estimated Net Revenue $7,216,213 FY 2008-09 - 50% Rates Residential Property Use Categories Rate Per Dwelling Unit Residential $97.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.22 Industria I/Wa rehouse $0.05 Institutional $0,24 Nursing Home $0.54 Total Estimated Gross Revenue $5,502,813 Total Estimated Exempt Buy-down ($691,650) Inst, Tax Exempt (230,395) Government (295,019) Nursing Home (166,236) Total Estimated Net Revenue $4,8U,163 3 June 3. 2008 FY 2008-09 - 40% Rates Residential Property Use Categories Rate Per Dwelling Unit Residential $78,00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.18 Industrial/Warehouse $0.04 Institutional $0,19 Nursing Home $0.43 Total Estimated Gross Revenue $4,402,250 Total Estimated Exempt Buy-down ($550,814) Inst, Tax Exempt (182,467) Government (234,222) Nursing Home (134,125) Total Estimated Net Revenue $3,851,436 FY 2008-09 - 35% Rates Residential Property Use Categories Rate Per Dwelling Unit Residential $68.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0,16 I nd ustria I/Wa rehouse $0.04 Institutional $0,17 Nursing Home $0.38 Total Estimated Gross Revenue $3,851,969 Total Estimated Exempt Buy-down ($488,248) Inst. Tax Exempt (163,126) Government (209,893) Nursing Home (115,229) Total Estimated Net Revenue $3,363,721 , ; June 3. 2008 FY 2008-09 - 30% Rate. Residential Property Use Categories Rate Per Dwelling Unit Residential $59.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.13 Industrial/Warehouse $0.03 Institutional $0,15 Nursing Home $0.32 Total Estimated Gross Revenue $3,301,688 Total Estimated Exempt Buy-down ($423,250) Inst. Tax Exempt (143,502) Government (183,415) Nursing Home (96,333) Total Estimated Net Revenue $2,878,438 FY 2008-09 - 25% Rate. Residential Property Use Categories Rate Per Dwelling Unit Residential $49,00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0,11 Industrial/Warehouse $0.03 Institutional $0.12 Nursing Home $0.27 Total Estimated Gross Revenue $2,751,406 Total Estimated Exempt Buy-down ($346,640) Inst Tax Exempt (115,197) Government (148,325) Nursing Home (83,111) Total Estimated Net Revenue $2,404,766 5 June 3. 2008 )(11. - LEGAL - 2nd Reading Non-Development CITY OF BOYNTON BEACH ITEM 8.3 AGENDA ITEM REQUEST FOAAl 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 ~ April 15,2008 March 31, 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14, 2008 (Noon) ~ July 1,2008 June 16,2008 (Noon) D May 20, 2008 May 5, 2008 (Noon) D July 15,2008 June 30, 2008 (Noon) D June 3, 2008 May 19, 2008 (Noon) D August 5, 2008 July 14,2008 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda ~ Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDA TION: Authorize execution of an Initial Fire Assessment Rate Resolution which establishes preliminary assessment rates for the purpose of providing notice to property owners within the City, EXPLANATION: This resolution will establish a preliminary rate to be levied, describing the method of assessing a fire assessment fee and provide for the preparation of an assessment roll once finally adopted on September 9, 2008. The assessment rates/roll would not be finalized and imposed until the Public Hearing on September 9,2008 at which time a Final Assessment Rate Resolution will be considered for final adoption, PROGRAM IMP ACT: This resolution will provide authority to establish a preliminary assessment rate to be levied on real property in the City of Boynton Beach (subject to final approval at a September 9, 2008 Public Hearing), FISCAL IMP ACT: Adoption of the resolution will provide the rate structure necessary to levy a fire assessment fee and provide funding for the operations and maintenance of the FY 2008/09 Fire Assessment Program All costs associated with the implementation of this program will be recovered through the assessment process. AL TE;A TlVES'. Do .~~t 'ppmv, R"olution Frr, A""'ffiffit would not ffi~ ---;7) . ,t,.'L .::/;.( , ,.:.-<--<.-'-" -'~. ~ -' Department Head's Signature City Manager's Signature Assistant to City Manager C;I'Wl/ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,OOC CITY OF BOYNTON BEACH, FLORIDA INITIAL ASSESSMENT RESOLUTION ADOPTED JULY 1, 2008 Ii : i I 1 TABLE OF CONTENTS 2 3 Page 4 5 SECTION 1, AUTHORITY, .".,'." ",." .., '" '''''. ..,,,'.,, ."'..,,. "" '" '.' ".,,, ..,.,.",.,,,,.,,,,,, 1 6 SECTION 2, PURPOSE AND DEFINITIONS""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1 7 SECTION 3, PROVISION AND FUNDING OF FIRE RESCUE SERVICES",,,,,,, 7 8 SECTION 4, IMPOSITION AND COMPUTATION OF FIRE RESCUE 9 ASSESSMENTS ..., ..,,,,....,,,,,.,,.,,,,..,,,,,,..,,,,,,,,,,.,, ". '''''' ,.,.",,,.,,,..,,,7 10 SECTION 5, LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT 11 AND FAIR APPORTIONMENT """"".",,,,,,..,,,..,,,....,,,,".,,,,,,..,,,,,,, 7 12 SECTION 6, COST APPORTIONMENT METHODOLOGY""",,,,,,,,,,,,,,......,,,.. 13 13 SECTION 7. PARCEL APPORTIONMENT METHODOLOGY""""",,,,,,,,,..,..,,, 14 14 SECTION 8, DETERMINATION OF FIRE RESCUE ASSESSED COSTS; 15 ESTABLISHMENT OF INITIAL FIRE RESCUE 16 ASSESSMENTS,.""".",.",."...,.....,.....".,...,...",.,.""",...",.,..."".. 14 17 SECTION 9. ASSESSMENT ROLL """,,,,,,,,,,,,,,,,,,,,,,..,,,,,,,..,..,,,,,,,,,,,,,,,,,....,,..15 18 SECTION 1 0, METHOD OF COLLECTION, ......" "'''''''''''''''' "",,,,,,,..,,,,,,,,,,,,,,,,, 16 19 SECTION 11, AUTHORIZATION OF PUBLIC HEARING.."....,..".."",,,,,,.,,,,..,,.. 16 20 SECTION 12, NOTICE BY PUBLICATION """".."..,....,,,..,,..,,,,,,,,,,,,,,,,,,,,,,,,....., 16 21 SECTION 13, NOTICE BY MAIL.""",,,"..,....""""""""'"'''''''''''''''''..,..''''''''..''' 17 22 SECTION 14, APPLICATION OF ASSESSMENT PROCEEDS """""..,,,,,,,,,,,,,, 17 23 SECTION 15, EFFECTIVE DATE"""""."".,.."",..,..""..,.""""",.",.".",.,.,."""" 18 24 25 26 APPENDIX A: FIRE RESCUE INCIDENT REPORT 27 TYPE OF SITUATION FOUND CODES ,,,,,..,,,,,,,..,,,,,,,,,,,,....,,,,,,A-1 28 APPENDIX B: FIXED PROPERTY USE CODES..",,,,,,,,,,,,,,,,,,,,,,,,,,....,,,,,,,,,,,,,,B-1 29 APPENDIX C: IMPROVEMENT CODES "",,,....,,,,,,,,,,,,,,, ,..,......" """. """." ...." C-1 30 APPENDIX 0: DOR CODES "'" '''''' .'"" ",.""""""..".,.,,,,,.,,,,,,.,,,,,,,,,,, "..",,,,,.., 0-1 31 APPENDIX E: ESTIMATED FIRE RESCUE ASSESSMENT 32 RATE SCHEDULE "," """ "...,,,.,,,,,..,,,'.",,,,,,.,'. ... ...,,,, "",,,.......,,,E-1 33 APPENDIX F: PARCEL APPORTIONMENT METHODOLOGY...""",,,,,,,,,,,,,,,,,F-1 34 APPENDIX G: FORM OF NOTICE TO BE PUBLISHED "...,,,,..,,,,,,,,,,,,,,,,..,,,,.., G-1 35 APPENDIX H: FORM OF NOTICE TO BE MAILED ..."",,,,,..,,,,,,.....,,,,,,,,,,,,,,,.., H-1 I 1 2 3 RESOLUTION NO. R 08- 4 5 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 6 FLORIDA, RELATING TO THE PROVISION OF FIRE 7 RESCUE SERVICES, FACILITIES AND PROGRAMS IN 8 THE CITY OF BOYNTON BEACH, FLORIDA; 9 DESCRIBING THE METHOD OF ASSESSING FIRE 10 RESCUE ASSESSED COSTS AGAINST ASSESSED 1: PROPERTY LOCATED WITHIN THE CITY OF BOYNTON 12 BEACH; DIRECTING THE PREPARA TION OF AN 13 ASSESSMENT ROLL; AUTHORIZING A PUBLIC 14 HEARING AND DIRECTING THE PROVISION OF NOTICE 15 THEREOF; AND PROVIDING AN EFFECTIVE DATE. 16 , ~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE -' / 18 CITY OF BOYNTON BEACH, FLORIDA: 19 SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions 20 of Ordinance No, 08-_, sections 166.021 and 166.041, Florida Statutes, and other 21 applicable provisions of law. 22 SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes the 23 Initial Assessment Resolution as defined in the Ordinance. All capitalized words and 24 terms not otherwise defined herein shall have the meanings set forth in the Ordinance, 25 Unless the context indicates otherwise, words imparting the singular number, include the 26 plural number, and vice versa. As used in this resolution, the following terms shall have 27 the following meanings, unless the context hereof otherwise requires: 28 "Building Area" means the adjusted area of a Building expressed in square feet 29 and reflected on the Tax Roll or, in the event such information is not reflected or 1 , 1 determined not to be accurately reflected on the Tax Roll, that area determined by the 2 City. 3 "Code Descriptions" mean the descriptions listed in the Fixed Property Use 4 Codes and the Improvement Codes, 5 "Commercial Property" means those Tax Parcels with a Code Description 6 designated as "Commercial" in the Improvement Codes specified in Appendix C, 7 "Cost Apportionment" means the apportionment of the Fire Rescue Assessed 8 Cost among all Property Use Categories according to the Demand Percentages 9 established pursuant to the apportionment methodology described in Section 6 of this 10 Initial Assessment Resolution, 11 "Demand Percentage" means the percentage of demand for fire rescue 12 services, facilities, or programs attributable to each Property Use Category determined 13 by analyzing the historical demand for fire rescue services as reflected in the Fire 14 Rescue Incident Reports in the State Database under the methodology described in 15 Section 6 of this Initial Assessment Resolution, 16 "DOR Code" means a property use code established in Rule 12D-8.008, Florida 17 Administrative Code, assigned by the Property Appraiser to Tax Parcels within the City, 18 attached hereto as Appendix D, 19 "Dwelling Unit" means (1) a Building, or a portion thereof, available to be used 20 for residential purposes, consisting of one or more rooms arranged, designed, used, or 21 intended to be used as living quarters for one family only, or (2) the use of land in which 2 I I I 1 lots or spaces are offered for rent or lease for the placement of mobile homes or the like 2 for residential purposes. 3 "Emergency Medical Services" means those services recorded in Incident 4 Reports that assign a "type of situation found code" of 300, 300N, 311, 32, 321 322, 5 323, 324, 381, 554 and 661. The "type of situation found codes" are attached hereto as 6 Appendix A. 7 "Emergency Medical Services Cost" means the amount, other than first 8 response medical rescue services, determined by the City Commission to be associated 9 with Emergency Medical Services. 10 "Estimated Fire Rescue Assessment Rate Schedule" means that rate 11 schedule attached hereto as Appendix E and hereby incorporated herein by reference, 12 specifying the Fire Rescue Assessed Costs determined in Section 8 of this Initial 13 Assessment Resolution and the estimated Fire Rescue Assessments established in 14 Section 8 of this Initial Assessment Resolution, 15 "Fire Rescue Assessed Cost" means 16 (1 ) the amount determined by the City Commission to be assessed in any 17 Fiscal Year to fund all or any portion of the cost of the provision of fire rescue services, 18 facilities, or programs which provide a special benefit to Assessed Property, and shall 19 include, but not be limited to, the following components: (A) the cost of physical 20 construction, reconstruction or completion of any required facility or improvement; (8) 21 the costs incurred in any required acquisition or purchase; (C) the cost of all labor, 22 materials, machinery, and equipment; (D) the cost offuel, parts, supplies, maintenance, 3 1 repairs, and utilities; (E) the cost of computer services, data processing, and 2 communications; (F) the cost of all lands and interest therein, leases, property rights, 3 easements, and franchises of any nature whatsoever; (G) the cost of any indemnity or 4 surety bonds and premiums for insurance; (H) the cost of salaries, volunteer pay, 5 workers' compensation insurance, or other employment benefits; (I) the cost of uniforms, 6 training, travel, and per diem; (J) the cost of construction plans and specifications, 7 surveys and estimates of costs; (K) the cost of engineering, financial, legal, and other 8 professional services; (L) the costs of compliance with any contracts or agreements 9 entered into by the City to provide fire rescue services; (M) all costs associated with the 10 structure, implementation, collection, and enforcement of the Fire Rescue Assessments, 11 including any service charges of the Tax Collector, or Property Appraiser and amounts 12 necessary to off-set discounts received for early payment of Fire Rescue Assessments 13 pursuant to the Uniform Assessment Collection Act or for early payment of Fire Rescue 14 Assessments collected pursuant to Section 3,02 of the Ordinance; (N) all other costs 15 and expenses necessary or incidental to the acquisition, provision, or construction of fire 16 rescue services, facilities, or programs, and such other expenses as may be necessary 17 or incidental to any related financing authorized by the City Commission by subsequent 18 resolution; (0) a reasonable amount for contingency and anticipated delinquencies and 19 uncollectible Fire Rescue Assessments; and (P) reimbursement to the City or any other 20 Person for any moneys advanced for any costs incurred by the City or such Person in 21 connection with any of the foregoing components of Fire Rescue Assessed Cost 4 II i I II " I 1 (2) In the event the City also imposes an impact fee upon new growth or 2 development for fire rescue related capital improvements, the Fire Rescue Assessed 3 Cost shall not include costs attributable to capital improvements necessitated by new 4 growth or development that will be paid by such impact fees, 5 (3) In no event shall the Fire Rescue Assessed Cost include any amount 6 attributable to the Emergency Medical Services Cost 7 "Fire Rescue Incident Reports" means those Incident Reports that do not 8 record Emergency Medical Services 9 "Fixed Property Use Codes" mean the property use codes used by FFIRS as 10 specified in Appendix B attached hereto and incorporated herein by reference. 11 "FFIRS" means the Florida Fire Incident Reporting System maintained by the 12 Florida State Fire Marshal. 13 "Improvement Codes" mean the building use codes assigned by the Property 14 Appraiser to Tax Parcels within the City as specified in Appendix C attached hereto and 15 incorporated herein by reference. 16 "Incident Report" means an individual report filed with the Florida State Fire 17 Marshal under FFIRS. 18 "lndustriallWarehouse Property" means those Tax Parcels with a Code 19 Description designated as "lndustriallWarehouse" in the Improvement Codes specified in 20 Appendix C. 21 "Institutional Property" means those Tax Parcels with a Code Description 22 designated as "Institutional" in the Improvement Codes specified in Appendix C 5 1 "Mixed Use Property" means a Tax Parcel that contains Buildings whose use 2 descriptions are capable of assignment under a Code Description in the Improvement 3 Codes in more than one Property Use Category, 4 "Non-Residential Property" means, collectively, Commercial Property , 5 Industrial/Warehouse Property, Institutional Property, and Nursing Home Property, 6 "Nursing Home Property" means those Tax Parcels with a Code Description 7 designated as "Nursing Home" in the Improvement Codes specified in Appendix D. 8 "Parcel Apportionment" means the further apportionment of the Fire Rescue 9 Assessed Cost allocated to each Property Use Category by the Cost Apportionment 10 among the Tax Parcels under the methodology established in Section 7 of this Initial 11 Assessment Resolution, 12 "Property Use Categories" mean, collectively, all categories of Residential 13 Property and all categories of Non-Residential Property, 14 "Residential Property" means, those Tax Parcels with a Code Description 15 designated as "Residential" in the Improvement Codes specified in Appendix C, 16 "State Database" means the incident data specific to the City derived from the 17 FFIRS Incident Reports maintained by the Florida State Fire Marshal. 18 "Tax Parcel" means a parcel of property located within the City to which the 19 Property Appraiser has assigned a distinct ad valorem property tax identification 20 number. 6 II II I 1 SECTION 3. PROVISION AND FUNDING OF FIRE RESCUE SERVICES. 2 (A) Upon the imposition of a Fire Rescue Assessment for fire rescue services, 3 facilities, or programs against Assessed Property located within the City, the City shall 4 provide fire rescue services to such Assessed Property, A portion of the cost to provide 5 such fire rescue services, facilities, or programs shall be funded from proceeds of the 6 Fire Rescue Assessments, The remaining cost required to provide fire rescue services. 7 facilities, and programs shall be funded by legally available City revenues other than Fire 8 Rescue Assessment proceeds, 3 (B) It is hereby ascertained, determined, and declared that each parcel of 10 Assessed Property located within the City will be benefitted by the City's provision of fire 11 rescue services, facilities, and programs in an amount not less than the Fire Rescue 12 Assessment imposed against such parcel, computed in the manner set forth in this Initial 13 Assessment Resolution, 14 SECTION 4. IMPOSITION AND COMPUTATION OF FIRE RESCUE 15 ASSESSMENTS. Fire Rescue Assessments shall be imposed against all Tax Parcels 16 within the Property Use Categories, Fire Rescue Assessments shall be computed in the 17 manner set forth in this Initial Assessment Resolution, 18 SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND 19 FAIR APPORTIONMENT. It is hereby ascertained and declared that the Fire Rescue 20 Assessed Costs provide a special benefit to the Assessed Property based upon the 2J following legislative determinations and based upon that certain report entitled "City of 7 , , 1 Boynton Beach Fire Assessment Memorandum," May 2008, prepared by Government 2 Services Group, Inc" which is hereby incorporated herein by reference, 3 general 4 (A) Upon the adoption of this Initial Assessment Resolution determining the 5 Fire Rescue Assessed Costs and identifying the Assessed Property to be included in the 6 Assessment Roll, the legislative determinations of special benefit ascertained and 7 declared in Section 1 ,04 of the Ordinance are hereby ratified and confirmed, 8 (B) It is fair and reasonable to use the Improvement Codes and the DOR 9 Codes for the Cost Apportionment and the Parcel Apportionment because: (1) the Tax 10 Roll database employing the use of such property use codes is the most comprehensive, 11 accurate, and reliable information readily available to determine the property use and 12 Building Area for improved property within the City, and (2) the Tax Roll database within 13 such property use codes is maintained by the Property Appraiser and is thus consistent 14 with parcel designations on the Tax Roll which compatibility permits the development of 15 an Assessment Roll in conformity with the requirements of the Uniform Method of 16 Collection, 17 (C) The data available in the Improvement Codes is more useful and accurate 18 to determine Building Area than relying exclusively upon the data maintained in the OOR 19 Code alone because (1) the data maintained in the Improvement Codes reveals the 20 existence of a Building with a different use than the use described on the DOR Code, (2) 21 the Improvement Codes represent records maintained by the Property Appraiser with 22 the most information relative to Building Area regardless of property use and (3) the City 8 I' I 1 conducted field work to ascertain Building use when sufficient information was not 2 available. :5 cost apportionment 4 (D) It is fair and reasonable and consistent with the decision from the Florida 5 Supreme Court in the case of City of North Lauderdale v, SMM Properties, Inc" 825 So. 6 2d 343 (Fla, 2002), to exclude from the Fire Rescue Assessed Cost amounts determined 7 to constitute the Emergency Medical Services Cost. 8 (E) Apportioning the Fire Rescue Assessed Cost among classifications of 9 improved property based upon historical demand for fire rescue services, but not 10 Emergency Medical Services, is fair and reasonable and proportional to the special 11 benefit received, 12 (F) The Fire Rescue Incident Reports are the most reliable data available to ! 13 determine the potential demand for fire rescue services from property use and to 14 determine the benefit to property use resulting from the availability of fire rescue services 15 to protect and serve Buildings located within Assessed Property and their intended 16 occupants, There exist sufficient Fire Rescue Incident Reports that document the 17 historical demand for fire rescue services from Assessed Property within the Property 18 Use Categories. The Demand Percentage that has been determined for each Property 19 Use Category by an examination of such Fire Rescue Incident Reports is consistent with 20 the experience of the City. Therefore, the use of Demand Percentages that were 21 determined by an examination of Fire Rescue Incident Reports is a fair and reasonable 9 1 method to apportion the Fire Rescue Assessed Costs among the Property Use 2 Categories. 3 (8) The historical demand for fire rescue service availability for multi family and 4 single family Residential Property is substantially similar and any difference in the 5 percentage of documented fire rescue calls to such specific property uses is statistically 6 insignificant 7 (H) As a result of the urbanized character of the City, the suppression of fire on 8 vacant property primarily benefits the Buildings within the adjacent improved property by 9 the containment of the spread of fire rather than the preservation of the vacant property, 10 Therefore, it is fair and reasonable not to apportion any of the Fire Rescue Assessed 11 Costs to vacant property and the Fire Rescue Incident Reports documenting historical 12 fire services provided to vacant property were thus omitted from the Demand 13 Percentage calculation, 14 (I) The level of services required to meet anticipated demand for fire rescue 15 services and the corresponding annual fire rescue budget required to fund fire rescue 16 services provided to non-specific property uses would be required notwithstanding the 17 occurrence of any incidents from such non-specific property uses. Therefore, it is fair 18 and reasonable to omit from the Demand Percentage calculation the Fire Rescue 19 Incident Reports documenting fire rescue services provided to non-specific property 20 uses, 10 II I' ! I I 1 residential parcel apportionment 2 (J) Neither the size nor the value of Residential Property determines the scope 3 of the required fire rescue response, The potential demand for fire rescue services is 4 driven by the existence of a Dwelling Unit and the anticipated average occupant 5 population. 6 (K) Apportioning the Fire Rescue Assessed Cost for fire rescue services 7 attributable to Residential Property on a per Dwelling Unit basis is required to avoid cost 8 inefficiency and unnecessary administration and is a fair and reasonable method of 9 Parcel Apportionment based upon historical call data. 10 non-residential parcel apportionment 11 (L) The separation of improved Non-Residential Property by actual square 1_2 footage is fair and reasonable for the purpose of Parcel Apportionment because the 13 demand for fire rescue service is determined and measured by the actual square 14 footage of structures and improvements within benefited parcels. 15 (M) The demand for the availability of fire rescue services diminishes at the 16 outer limit of Building size because a fire occurring in a structure greater than a certain 17 size is not capable of being suppressed under expected conditions and given the 18 availability of fire control combat personnel, equipment and apparatus within the City. In 19 such circumstances, the fire control activities of the City are directed to avoid the spread 20 of the fire event to adjacent Buildings. Therefore, it is fair and reasonable to place a cap 21 on the Building Area classification of benefitted parcels within Non-Residential Property 22 based on the fire control personnel, equipment and apparatus available within the City. 11 I 1 (N) Institutional Property whose use is exempt from ad valorem taxation under 2 Florida law provides facilities and uses to the ownership, occupants, membership as well 3 as the public in general that otherwise might be requested or required to be provided by 4 the City and such property uses serve a legitimate public purpose and provide a public 5 benefit Therefore, it is fair and reasonable not to impose Fire Rescue Assessments 6 upon such parcels of Institutional Property whose use is exempt from ad valorem 7 taxation under Florida law. Accordingly, pursuant to Section 2,14 of the Ordinance, no 8 Fire Rescue Assessment shall be imposed upon a parcel of Institutional Property whose 9 use is wholly exempt from ad valorem taxation under Florida law, 10 (0) Government Property provides facilities and uses to the community, local 11 constituents and the public in general that serves a legitimate public purpose and 12 provides a public benefit Therefore, it is fair and reasonable not to impose Fire Rescue 13 Assessments upon such parcels of Government Property pursuant to Section 2,14 of the 14 Ordinance, 15 (P) Nursing Home Property provides facilities for the care of elderly and 16 disabled residents of the City. Such facilities provide a benefit to the public by offering 17 care and assistance to vulnerable members of the community. Therefore, it is fair and 18 reasonable to impose a Fire Rescue Assessment against Nursing Home Property based 19 on the Fire Rescue Assessment rate established for Institutional Property 20 notwithstanding the Demand Percentage determined for Nursing Home Property to 21 avoid increasing the cost of care for the elderly and disabled, 12 [ ! I '! I I I I 1 SECTION 6. COST APPORTIONMENT METHODOLOGY. 2 (A) Utilizing data from the Fire Rescue Incident Reports related to the type of 3 calls and physical location of each call, the City assigned fire rescue incidents located 4 within the City, to Property Use Categories. 5 (B) Based upon such assignment of Fire Rescue Incident Reports to Property 6 Use Categories, the number of Fire Rescue Incident Reports filed within a sampling 7 period was determined for each Property Use Category, A Demand Percentage was 8 then determined for each Property Use Category by calculating the percentage that Fire 9 Rescue Incident Reports allocated to each Property Use Category bear to the total 10 number of Fire Rescue Incident Reports documented for all Property Use Categories 11 within the sampling period. 12 (C) Appendix C contains a designation of Code Descriptions by Property Use 13 Category with the Improvement Codes, Such correlation between Code Descriptions by 14 Property Use Category on the Fire Rescue Incident Reports and the Improvement 15 Codes is necessary to allocate the historical demand for fire rescue services as reflected 16 by the Fire Rescue Incident Reports for Tax Parcels on the Tax Roll within the Property 17 Use Categories. 18 (D) The Demand Percentage for each Property Use Category was then 19 applied to the Fire Rescue Assessed Costs and the resulting product is the cost 20 allocation of that portion ofthe Fire Rescue Assessed Costs allocated to each individual 2' Property Use Category. ~L 13 , I I I I I I 1 SECTION 7. PARCEL APPORTIONMENT METHODOLOGY. 2 (A) The apportionment among Tax Parcels of that portion of the Fire Rescue 3 Assessed Costs allocated to each Property Use Category under the Cost Apportionment 4 shall be consistent with the Parcel Apportionment methodology described and 5 determined in Appendix F, which Parcel Apportionment methodology is hereby 6 approved, adopted, and incorporated into this Initial Assessment Resolution by 7 reference, 8 (8) It is hereby acknowledged that the Parcel Apportionment methodology 9 described and determined in Appendix F is to be applied in the calculation of the 10 estimated Fire Rescue Assessment rates established in Section 8 of this Initial 11 Assessment Resolution, 12 SECTION 8. DETERMINATION OF FIRE RESCUE ASSESSED COSTS; 13 ESTABLISHMENT OF INITIAL FIRE RESCUE ASSESSMENTS. 14 (A) The Fire Rescue Assessed Costs to be assessed and apportioned among 15 benefitted parcels pursuant to the Cost Apportionment and the Parcel Apportionment for 16 the Fiscal Year commencing October 1, 2008, is the amount determined in the 17 Estimated Fire Rescue Assessment Rate Schedule, which is attached hereto as 18 Appendix E and incorporated herein by reference. The approval of the Estimated Fire 19 Rescue Assessment Rate Schedule by the adoption of this Initial Assessment 20 Resolution determines the amount of the Fire Rescue Assessed Cost The remainder of 21 such Fiscal Year budget for fire rescue services, facilities, and programs shall be funded 22 from legally available City revenue other than Fire Rescue Assessment proceeds, 14 , I I i I I 1 (B) The estimated Fire Rescue Assessments specified in the Estimated Fire 2 Rescue Assessment Rate Schedule are hereby established to fund the specified Fire 3 Rescue Assessed Costs determined to be assessed in the Fiscal Year commencing 4 October 1, 2008, No portion of such Fire Rescue Assessed Cost is attributable to 5 impact fee revenue that funds capital improvements necessitated by new growth or 6 development Further, no portion of such Fire Rescue Assessed Costs are attributable 7 to the Emergency Medical Services Cost 8 (C) The estimated Fire Rescue Assessments established in this Initial 9 Assessment Resolution shall be the estimated assessment rates applied by the City 10 Manager in the preparation of the preliminary Assessment Roll for the Fiscal Year 1] commencing October 1, 2008, as provided in Section 9 of this Initial Assessment 12 Resolution. 13 SECTION 9. ASSESSMENT ROLL. 14 (A) The City Manager is hereby directed to prepare, or cause to be prepared, a 15 preliminary Assessment Roll for the Fiscal Year commencing October 1, 2008. in the 16 manner provided in the Ordinance. The Assessment Roll shall include all Tax Parcels 17 within the Property Use Categories, The City Manager shall apportion the estimated 18 Fire Rescue Assessed Cost to be recovered through Fire Rescue Assessments in the 19 manner set forth in this Initial Assessment Resolution. 20 (B) A copy of this Initial Assessment Resolution, documentation related to the 21 estimated amount of the Fire Rescue Assessed Cost to be recovered through the 22 imposition of Fire Rescue Assessments, and the preliminary Assessment Roll shall be 15 I 1 maintained on file in the office of the City Clerk and open to public inspection, The 2 foregoing shall not be construed to require that the preliminary Assessment Roll be in 3 printed form if the amount of the Fire Rescue Assessment for each parcel of property 4 can be determined by the use of a computer terminal available to the public. 5 (C) It is hereby ascertained, determined, and declared that the method of 6 determining the Fire Rescue Assessments for fire rescue services as set forth in this 7 Initial Assessment Resolution is a fair and reasonable method of apportioning the Fire 8 Rescue Assessed Cost among parcels of Assessed Property located within the City, 9 SECTION 10. METHOD OF COLLECTION. It is hereby declared that 10 pursuant to Section 3,01 of the Ordinance that the Fire Rescue Assessments shall be 11 collected and enforced pursuant the Uniform Assessment Collection Act for Fiscal Year 12 2008-2009, 13 SECTION 11. AUTHORIZA TION OF PUBLIC HEARING. There is hereby 14 established a public hearing to be held at 6:30 p,m. on September 9, 2008, in the 15 Commission Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton 16 Beach, Florida, at which time the City Commission will receive and consider any 17 comments on the Fire Rescue Assessments from the public and affected property 18 owners and consider imposing Fire Rescue Assessments. 19 SECTION 12. NOTICE BY PUBLICATION. The City Manager shall publish 20 a notice of the public hearing authorized by Section 11 hereof in the manner and time 21 provided in Section 2,04 of the Ordinance, The notice shall be published no later than 22 August 18, 2008, in substantially the form attached hereto as Appendix G, 16 I , I ~ SECTION 13. NOTICE BY MAIL. The City Manager shall also provide 2 notice by first class mail to the Owner of each parcel of Assessed Property, as required 3 by Section 2.05 of the Ordinance, in substantially the form attached hereto as Appendix 4 H, Such notices shall be mailed no later than August 18, 2008. 5 SECTION 14. APPLlCA TION OF ASSESSMENT PROCEEDS. The 6 revenue derived from the City's Fire Rescue Assessments will be utilized for the 7 provision of fire rescue services, facilities, and programs, as reflected by the Fire Rescue 8 Assessed Cost. I n the event there is any fund balance remaining at the end of the Fiscal 9 Year, such balance shall be carried forward and used only to fund fire fescue services, 10 facilities, and programs. 17 [ ~ 1 SECTION 15. EFFECTIVE DATE. This Initial Assessment Resolution shall 2 take effect immediately upon its passage and adoption, 3 PASSED AND ADOPTED this 1 st day of July, 2008, 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 9 Mayor - Gerald Taylor 10 11 12 13 Vice Mayor - Jose Rodriguez 14 15 16 17 Commissioner - Ronald Weiland 18 19 20 21 Commissioner - Woodrow L Hay 22 23 24 25 Commissioner - Marlene Ross 26 ATTEST: 27 28 29 30 31 Janet M, Prainito, CMC 32 City Clerk 33 34 35 (Corporate Seal) 18 I I .1 I I I APPENDIX A FIRE RESCUE INCIDENT REPORT TYPE OF SITUATION FOUND CODES i , ' APPENDIX A FIRE RESCUE INCIDENT REPORT TYPE OF SITUATION FOUND CODES Situation Found Description EMS Type Call 100 Fire, Other N 111 Building Fire N 112 Fires in structures other than in a building N 113 Cooking fire, confined to a container N 116 Fuel burner/boiler malfunction, fire confined N 118 Trash or rubbish fire, contained N 130 Mobile property (vehicle) fire, other N 131 Passenger vehicle fire N 132 Road freight or transport vehicle fire N 134 Water vehicle fire N 137 Camper or RV fire N 140 Natural vegetation fire N 141 Forest, woods or wildland fire N 142 Brush, or brush and grass mixture fire N 143 Grass fire N 150 Outside rubbish fire, other N 151 Outside rubbish, trash or waste fire N 154 Dumpster or other outside trash receptacle fire N 160 Special outside fire, other N 162 Outside equipment fire N 173 Cultivated trees or nursery stock fire N 200 Overpressure rupture, explosion, overheat, other N 220 Overpressure rupture from air or gas, other N 251 Excessive heat, scorch burns with no ignition N 300 Rescue, EMS call, other Y 300N Rescue, EMS call, other, NON-SPECIFIC FPU Y 311 Medical assist, assist EMS crew Y 32 Emergency medical call Y 321 EMS call, excluding vehicle accident with injury Y 322 Vehicle accident with injuries Y 323 Motor vehicle/pedestrian accident (MV Ped) Y 324 Motor Vehicle Accident, No Injuries Y 331 Lock-in (if lock out, use 511) N 341 Search for person on land N 351 Extrication of victim(s) from building/structure N 353 Removal of victim(s) from stalled elevator N 381 Rescue or EMS standby y 400 Hazardous condition, other N 410 Flammable gas or liquid condition, other N 411 Gasoline or other flammable liquid spill N 412 Gas leak N 413 Oil or other combustible liquid spill N 440 Electrical wiring/equipment problem, other N 441 Heat from short circuit (wiring), defective/worn N 442 Overheated motor N A-1 I! I I I i II I! II I' Situation Found Description EMS Type Call 443 Light ballast breakdown N 444 Power line down N 445 Arcing, shorted electrical equipment N 460 Accident, potential accident, other N 463 Vehicle accident, general cleanup N 480 Attempted burning, illegal action, other N 500 Service call, other N 510 Person in distress, other N 511 Lock-out N 512 Ring or jewelry removal N 520 Water problem, other N 522 Water or steam leak N 531 Smoke or odor removal N 540 Animal problem, other N 542 Animal rescue N 550 Public service assistance, other N 551 Assist police or other governmental agency N 552 Police matter N 553 Public service N 554 Assist invalid y 555 Defective elevator N 561 Unauthorized burning N 571 Cover assignment, standby, moveup N 600 Good intent call, other N 611 Dispatched & canceled en route N 621 Wrong location N 622 No incident found upon arrival N 641 Vicinity alarm (incident in other location) N 650 Steam, other gas mistaken for smoke, other N 651 Smoke scare, odor of smoke N 652 Steam, vapor, fog or dust thought to be smoke N 653 Barbecue, tar kettle N 661 EMS call, party transported by non-fire agency y 671 Hazmat release investigation wino hazmat N 700 False alarm or false call, other N 710 Malicious, mischievous false call, other N 711 Municipal alarm system, malicious false alarm N 712 Direct tie to FD, maliCious/false alarm N 713 Telephone, malicious false alarm N 714 Central station, malicious false alarm N 715 Local alarm system, malicious false alarm N 721 Bomb scare - no bomb N 730 System malfunction N 731 Sprinkler activation due to malfunction N 733 Smoke detector activation due to malfunction N 734 Heat detector activation due to malfunction N 735 Alarm system sounded due to malfunction N 740 Unintentional transmission of alarm, other N 741 Sprinkler activation, no fire - unintentional N 742 Extinguishing system activation N 743 Smoke detector activation, no fire - unintentional N A-2 , I I I I i i Situation Found Description EMS Type Call 744 Detector activation, no fire - unintentional N 745 Alarm system sounded, no fire - unintentional N 746 Carbon monoxide detector activation, no CO N 813 Wind storm, tornado/hurricane assessment N 814 Lightning strike (no fire) N 900 Special type of incident, other, Dumpster fire N 911 Citizen complaint N A-3 I i I APPENDIX B FIXED PROPERTY USE CODES ! . : I APPENDIX B FIXED PROPERTY USE CODES Fixed Property Description Category Assigned Use' 000 FIXED PROP USE UNDETERMINED NON-SPECIFIC 100 . UNKNOWN OTHER NON-SPECIFIC 110 FIXED USE RECREATION, OTHER COMMERCIAL 111 BOWLING ESTABLISHMENT COMMERCIAL 113 AMUSEMENT CENTER COMMERCIAL 116 SWIMMING FACILITY COMMERCIAL 120 VARIABLE USE AMUSEMENT/RECREATION COMMERCIAL 121 BAllROOM,GYMNASIUM COMMERCIAL 122 EXHIBITION HAll COMMERCIAL 123 ARENA/STADIUM COMMERCIAL 124 PLAYGROUND COMMERCIAL 129 AMUSEMENT CENTER INDOOR/OUTDOOR COMMERCIAL 130 PLACES OF WORSHIP,CHURCH,FUNERAl PARLOR INSTITUTIONAL 131 CHURCH/CHAPEL INSTITUTIONAL 134 FUNERAL PARLOR/CHAPEL INSTITUTIONAL 140 ClUBS,OTHER COMMERCIAL 141 ATHLETIC ClUB/YMCA COMMERCIAL 142 CLUB HOUSE COMMERCIAL 144 CASINO, GAMBLING CLUBS COMMERCIAL 150 PUBLIC, GOVT, OTHER INSTITUTIONAL 151 LIBRARY INSTITUTIONAL 160 EATING/DRINKING PLACES COMMERCIAL 161 RESTAURANT COMMERCIAL 162 NIGHTCLUB COMMERCIAL 170 TERMINALS OTHER COMMERCIAL 173 BUS TERMINAL COMMERCIAL 181 PERFORMANCE THEATER COMMERCIAL 183 MOVIE THEATER COMMERCIAL 200 EDUCATIONAL PROPERTY OTHER INSTITUTIONAL 210 SCHOOLS NON-ADULT OTHER INSTITUTIONAL 211 PRE-SCHOOL INSTITUTIONAL 213 ELEMENTARY SCHOOL INSTITUTIONAL 215 HIGH SCHOOL/JR HIGH/MIDDLE SCHOOL INSTITUTIONAL 241 COllEGE/UNIVERSITY INSTITUTIONAL 254 DAY CARE-IN COMMERCIAL PROPERTY COMMERCIAL 255 DAY CARE-IN RESIDENCE-LICENSED COMMERCIAL 300 HEAL THCARE/DETENTION OTHER INSTITUTIONAL 311 CARE OF THE AGED/NURSING STAFF NURSING HOMES 321 MENTAL RETARDATION/DEVELOPMENT DISABILITY INSTITUTIONAL FACILITY 322 ALCOHOL/SUBSTANCE ABUSE RECOVERY CENTER INSTITUTIONAL B-1 II II II j I Fixed Property Description Category Assigned Use 323 ASYLUM/MENTAL INSTITUTION INSTITUTIONAL 331 HOSPITAL-MEDICAL/PSYCHIA TRIC INSTITUTIONAL 340 CLINICS, OTHER INSTITUTIONAL 341 CLINIC, CLINIC-TYPE INFIRMARY INSTITUTIONAL 342 DOCTOR/DENTIST/SURGEONS OFFICE COMMERCIAL 343 HEMODIALYSIS UNIT INSTITUTIONAL 361 JAIL/PRISON - NOT JUVENILE INSTITUTIONAL 365 POLICE STATION INSTITUTIONAL 400 RESIDENTIAL OTHER RESIDENTIAL 4191 ONE-FAMIL Y DWELLING RESIDENTIAL 4192 TWO-FAMILY DWELLING RESIDEDNTIAL 429 MUL TI-FAMIL Y DWELLINGS RESIDENTIAL 439 ROOMING, BOARDING. RESIDENTIAL HOTELS RESIDENTIAL 449 HOTELS, MOTELS, INNS, LODGES COMMERCIAL 459 RESIDENTIAL BOARD AND CARE NURSING HOMES 460 DORMITORIES OTHER INSTITUTIONAL 500 MERCANTILE PROPERTIES OTHER COMMERCIAL 511 CONVENIENCE STORE COMMERCIAL 519 FOOD, BEVERAGE SALES, GROCERY STORE COMMERCIAL 529 TEXTILE, WEARING APPAREL SALES COMMERCIAL 539 HOUSEHOLD GOODS SALES, REPAIRS COMMERCIAL 549 SPECIALTY SHOPS COMMERCIAL 557 BARBER. BEAUTY SHOP, PERSONAL SERVICES COMMERCIAL 559 RECREATIONAL, HOBBY,HOME SALES, PET STORE COMMERCIAL 564 SELF-SERVICE LAUNDRYIDRY CLEANING COMMERCIAL 569 PROFESSIONAL SUPPLIES COMMERCIAL 571 SERVICE STATION COMMERCIAL 579 MOTOR VEHICLE, BOAT SALES/SERVICE/REPAIRS COMMERCIAL 580 GENERAL ITEM STORES, OTHER COMMERCIAL 581 DEPARTMENT STORE COMMERCIAL 592 BANK W/FIRST STORY BANKING FACILITY COMMERCIAL 593 MEDICAL, RESEARCH. SCIENTIFIC OFFICE COMMERCIAL 596 POST OFFICE OR MAILING FORMS INSTITUTIONAL 599 BUSINESS OFFICES COMMERCIAL 600 BASIC INDUSTRY, UTILITY. DEFENSE OTHER INDUSTRIALlWAREHOUSE 629 LABORA TORI ES INDUSTRIALlWAREHOUSE 639 COMMUNICATIONS CENTER INDUSTRIALlWAREHOUSE 642 ELECTRIC TRANSMISSION DISTIB. SYSTEM INDUSTRIALlWAREHOUSE 644 GAS DISTRIBUTION SYSTEM, PIPELINE INDUSTRIALIWAREHOUSE 647 WATER UTILITY INDUSTRIALlWAREHOUSE 648 SANITARY SERVICE INDUSTRIALIWAREHOUSE 700 MANUFACTURING PROPERTY, PROCESSING INDUSTRIALlWAREHOUSE 800 STORAGE PROPERTY OTHER INDUSTRIALIWAREHOUSE 880 VEHICLE STORAGE; OTHER INDUSTRIALIWAREHOUSE 882 GENERAL VEHICLE PARKING GARAGE I NDUSTRIALIWAREHOUSE B-2 1 Fixed Property Description Category Assigned Use 888 FIRE STATIONS INSTITUTIONAL 891 GENERAL WAREHOUSE IN DUSTRIALlWAREHOUSE 899 RESIDENTIAL OR SELF STORAGE UNITS INDUSTRIALlWAREHOUSE 900 OUTSIDE, SPECIAL PROPERTIES; OTHER NON-SPECIFIC 919 DUMP SANITARY LANDFILL NON-SPECIFIC 921 BRIDGE, TRESTLE NON-SPECIFIC 926 OUTBUILDING, EXCLUDING GARAGE NON-SPECIFIC 931 OPEN LAND, FIELD NOT USED 935 CAMPSITE WITH UTILITIES COMMERCIAL 936 VACANT LOT NOT USED 937 BEACH NON-SPECIFIC 938 GRADED AND CARED FOR PLOTS OF LAND NOT USED 940 WATER AREAS, OTHER NON-SPECIFIC 941 IN OPEN SEA, TIDAL WATERS NON-SPECIFIC 946 LAKE/RIVER/STREAM NON-SPECIFIC 951 RAILROAD RIGHT OF WAY NON-SPECIFIC 952 SWITCH YARD. MARSHALLING YARD NON-SPECIFIC 960 STREET,OTHER NON-SPECIFIC 961 DIVIDED HIGHWAY, HIGHWAY NON-SPECIFIC 962 PAVED PUBLIC STREET, RESIDENTIAL NON-SPECIFIC 963 PAVED PRIVATE STREET, COMMERCIAL NON-SPECIFIC 965 UNCOVERED PARKING AREA NON-SPECIFIC 981 CONSTRUCTION SITE NON-SPECIFIC 983 PIPELINE, POWER LINE RIGHT OF WAY NON-SPECIFIC 984 INDUSTRIAL PLANT YARD INDUSTRIALlWAREHOUSE UUU UNDETERMINED NON-SPECIFIC B-3 II ,I I I i i I I APPENDIX C IMPROVEMENT CODES APPENDIX C IMPROVEMENT CODES BUC BUC Description Category Name 00 GSG - VACANT/BLDG RAZED Not Used 0000 CONDO ONLY LAND Not Used 0100 SFR Residential 0200 SFT-MFG Residential 0300 SFR-ZERO LOT LINE Residential 0400 CONDO Residential 0410 TOWNHOUSE Residential 0420 TIMESHARE Residential 0430 ZERO LOT LINE Residential 0440 TWNHS-VILLA Residential 0450 SFR-C Residential 0460 CONDO COMM Commercial 0460D DOCK CONDOMINIUM Not Used 0500 EXC-ZERO LOT Not Used 0510 CO-OP Residential 060 EFFICIENCY APT Residential 0600 RENTAL UNIT Residential 0700 EXC TWHSENlLLA Residential 0800 MOBILE HOME Residential 0900 EXC-RESIDENT Residential 0909 EXC-LUX.RES Residential 1000 CONDO L.RISE Residential 170 DORMITORY Institutional 210 APARTMENTS Residential 220 APARTMENTS LOW RISE Residential 2200 MFR LOW RISE Residential 230 APARTMENTS HIGH RISE Residential 240 APARTMENTS - TO Residential 2500 MFR ROW HOUSE Residential 260 APARTMENTS - SENIOR Residential 2700 DUPLEX Residential 2800 TRIPLEX Residential 2900 QUADRAPLEX Residential 301 SFR CONVERT TO COMM Commercial 340 COMMERCIAL MIXED Not Used 350 RETAIL SINGLE OCC Commercial 351 DRUG STORE FREE Commercial 360 DISCOUNT DEPT S Commercial 362 VETERINARY CLlN Commercial 364 HOME IMPROVEMEN Commercial 365 FURNITURE STORE Commercial 370 DEPARTMENT STORE Commercial C-1 II i I , I I BUC BUC Description Category Name 371 DOWNTOWN ROW TY Commercial 374 RETAIL MULTI OCC Commercial 380 STRIP SHOPPING Commercial 390 COMM SHOPPING CTR Commercial 400 REGIONAL SHPMAL Commercial 410 SUPER REG SHOPM Commercial 420 SUPERMARKET Commercial 430 CONVENIENCE FOOD Commercial 440 HOTEUMOTEL BUS Commercial 450 RESORT HOTEL Commercial 460 HOTEUMOTEL LO Commercial 470 HOTEL- HI RISE Commercial 490 OFFICE BLDG UR Commercial 500 OFFICE H-R 5ST Commercial 520 MEDICAL OFFICE Commercial 530 HOSPITALS Institutional 540 NURSING HOME Nursing Homes 550 BARfTAVERN Commercial 551 COCKTAIL LOUNGE Commercial 560 RESTAURANT Commercial 570 FRANCHISE FOOD Commercial 580 BOWLING ALLEY Commercial 582 SKATING RINK Commercial 583 HEALTH CLUB Commercial 587 COUNTRY CLUB Commercial 588 PRIVATE CLUB Commercial 589 COUNTRY CLUBIW Commercial 590 ARENA Commercial 591 GYMNASIUM Commercial 593 DOG/HORSE TRACK Commercial 600 AUDITORIUM Commercial 610 CINEMA/THEA TER Commercial 614 RADIOfTV/ PIC S Commercial 620 BANK/MAIN OFFIC Commercial 630 NEIGHBORHOOD BA Commercial 640 SERVICE STATION Commercial 641 SERVICE STATION Commercial 650 CAR WASH - AUTO Commercial 651 CAR WASH - MANU Commercial 652 CAR WASH SERVIC Commercial 660 AUTO SERVICE GA Commercial 662 KWIK LUBE Commercial 665 GARAGE STORAGE I ndustrialIWarehouse 670 OFFICEIWAREHOUS Not Used 680 FUNERAL HOME Institutional 690 CLUBHOUSE Institutional C-2 , i BUC BUC Description Category Name 691 SOCIAUFRA TERNAL Institutional 695 GUARDHOUSE Commercial 700 COLD STORAGE IndustriallWarehouse 710 RAIUBUS/AIR TE Commercial 712 TELECOMMUNICATI Commercial 720 PARKING GARAGE IndustriallWarehouse 721 RADIOfTV TRANSM Not Used 730 DAY CARE CENTER Commercial 750 AUTO DEALER/F-S Commercial 800 LIGHT MANUFACTURING IndustriallWarehouse 810 HEAVY MANUFACTURING I ndustriallWarehouse 820 WAREHOUSE DISTR IndustriallWarehouse 830 MINI WAREHOUSE IndustriallWarehouse 840 WAREHOUSE STORAGE IndustriallWarehouse 841 WAREHOUSE SINGLE I ndustriallWarehouse 850 HANGAR Commercial 860 BARNS Not Used 861 RESIDENTIAL BARN Not Used 870 PREFAB WAREHOUSE IndustriallWarehouse 880 TECHNICAL MANUF IndustriallWarehouse 900 SCHOOL Institutional 901 COLLEGES / UNIV Institutional 910 RELIGIOUS Institutional 912 LIBRARY Institutional 920 EDUCA TION/RELlG Institutional 930 GOVERNMENTAL Institutional 950 POLICE/FIRE STN Institutional 960 CORRECTIONAL Institutional 970 CULTURAL FACILITY Institutional MHPK GSG - MOBILE HOME PARK Residential C-3 I' I I I APPENDIX 0 DOR CODES , , APPENDIX 0 DOR CODES DOR Dor Desc 0000 VACANT 0100 SINGLE FAMILY 0200 MOBILE HOME 0210 TANGIBLE MOBILE HOME 0300 MUL TIFAMIL Y 0304 MUL TIFAMIL Y CONDO CONVERSION 0400 CONDOMINIUM 0410 TOWNHOUSENlLLA 0420 TIMESHARE 0430 ZERO LOT LINE 0450 SFR-C 0460 CONDO COMMERCIAL 0469 COMMERCIAL CONDO 0500 MHT COOP 0510 COOPERATIVE 0600 RETIREMENT 0620 LIFE CARE HX 0700 MISC RESIDEN CE SFR 0800 MULTIFAMILY < 10 UNITS 1000 VACANT COMMERCIAL 1100 STORES 1200 STORE/OFFICE/RESI DEN TIAL 1300 DEPARTMENT STORE 1400 SUPERMARKET/DRUG STORE 1500 SHOPPING CENTER REGIONAL 1600 SHOPPING CENTER CMMITY 1700 OFFICE ONE STORY 1800 OFFICE MULTISTORY 1900 PROF OFFICES 2000 AIRPORT /MARINA 2100 RESTAURANT 2200 RESTAURANT, DRIVE IN 2300 FINANCIAL 2400 INSURANCE 2500 SERVICE SHOPS 2600 SERVICE STATION 2700 AUTO SALES 2800 PKG L T / MH PK 2900 WHOLESALER 3000 FLORIST 3100 DRV-IN THEATER 3200 THTR/AUD/CLBHS 0-1 DOR Dar Desc 3300 NIGHT CLUBS 3400 BOWLING ALLEY 3500 TOURIST ATTRAC 3600 CAMPS 3700 RACETRACK 3800 GOLF COURSE 3900 MOTEL 4000 VACANT INDUSTRIAL 4100 LIGHT MFG 4200 HEAVY MFG 4300 LUMBER YARD/MILL 4400 PACKING 4500 BOTTLER 4600 FOOD PROCESSING 4700 MIN PROCESSING 4800 WAREH/DIST TERM 4900 OPEN STORAGE 5000 IMPROVED ARGI 5100 CROP SOIL CLASS 1 5200 CROP SOIL CLASS 2 5300 CROP SOIL CLASS 3 5400 TIMBER SI 90+ 5500 TIMBER SI 80-89 5600 TIMBER SI 70-79 5700 TIMBER SI 60-69 5800 TIMBER SI 50-59 5900 TIMBER NOT CLASSED 6000 GRAGSOIL CLASS 1 6100 GRZGSOIL CLASS2 6200 GRZGSOIL CLASS3 6300 GRZGSOIL CLASS4 6400 GRZGSOIL CLASS5 6500 GRZGSOIL CLASS6 6600 ORCHARD GROVES 6700 POUL/BEES/FI SH 6800 EQUESTRIAN 6900 ORN/MISC AGRI 7000 VACANT INSTIT 7100 RELIGIOUS 7200 PRV SCHL/COLL 7300 PRV HOSPITAL 7400 NURSING HOME 7500 ORPHNG/NON-PROF 7600 MORT/CEMETERY 7700 CLB/LDG/UN HALL 7800 SANI/ REST HOME 7900 CULTURAL 8000 DISTRICTS 8100 MILITARY 0-2 ! : DOR Dor Desc 8200 FOREST/PKlREC 8300 PUB CTY SCHOOL 8400 COLLEGE 8500 HOSPITAL 8600 CITY INC NONMUNI 8700 STATE 8800 FEDERAL 8900 MUNICIPAL 9000 LEASEHOLD INT 9100 UTILITY 9200 MING/PETRO/GASLND 9300 SUBSURF RIGHTS 9400 R/W - BUFFER 9500 RIVER/LAKES 9600 SEWG/WASTE LAND 9700 OUTDR REC/PARK LAN 0 9800 CENTRALL Y ASSESSED 9900 NON AG 9999 EXEMPT D-3 APPENDIX E ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE : I I I APPENDIX E ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE SECTION E1. DETERMINATION OF FIRE RESCUE ASSESSED COSTS. The estimated Fire Rescue Assessed Cost to be assessed for the Fiscal Year commencing October 1, 2008, is $3,851,969, SECTION E2. ESTIMA TED FIRE RESCUE ASSESSMENTS. (A) The estimated Fire Rescue Assessments to be assessed and apportioned among benefitted parcels pursuant to the Cost Apportionment and Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year commencing October 1, 2008, are hereby established as follows for the purpose of this Initial Assessment Resolution: Property Use Category Rate Per Dwelling Unit Residential $68.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.16 Industrial/Warehouse $0.04 Institutional $0.17 Nursing Home $0.17 (B) No Fire Rescue Assessment shall be imposed upon a parcel of Government Property or upon the portion of a Building located on a parcel of Institutional Property whose Building use is wholly exempt from ad valorem taxation under Florida law, (C) Any shortfall in the expected Fire Rescue Assessment proceeds due to any reduction or exemption from payment of the Fire Rescue Assessments required by law or authorized by the City Commission shall be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds or funds E-1 derived from the Fire Rescue Assessments, It is the legislative determination of the City Commission that in the event a court of competent jurisdiction determines any exemption or reduction by the City Commission improper or otherwise adversely affects the validity of the Fire Rescue Assessment imposed for this Fiscal Year, the sole and exclusive remedy shall be the imposition of a Fire Rescue Assessment upon each affected Tax Parcel in the amount of the Fire Rescue Assessment that would have been otherwise imposed save and except for such reduction or exemption afforded to such Tax Parcel by the City Commission. E-2 I' APPENDIX F PARCEL APPORTIONMENT METHODOLOGY I I i , ! APPENDIX F PARCEL APPORTIONMENT METHODOLOGY The Cost Apportionment to each Property Use Category and to Mixed Use Property shall be apportioned among the Tax Parcels within each Property Use Category and to Mixed Use Property Tax Parcels as follows. SECTION F-1. RESIDENTIAL PROPERTY. The Fire Rescue Assessment for each Tax Parcel of Residential Property shall be computed by multiplying the Demand Percentage attributable to each of the residential Property Use Categories by the Fire Rescue Assessed Costs, dividing such product by the total number of Dwelling Units shown on the Tax Roll within the City for the residential Property Use Category and then multiplying such quotient by the number of Dwelling Units located on such Tax Parcel. SECTION F-2. NON-RESIDENTIAL PROPERTY. The Fire Rescue Assessments for each Building of Non-Residential Property (except Nursing Home Property) shall be computed as follows: (A) Respectively, multiply the Fire Rescue Assessed Cost by the Demand Percentage attributable to each of the non-residential Property Use Categories The resulting dollar amounts reflect the portions of the City's fire rescue budget to be respectively funded from Fire Rescue Assessment revenue derived from each of the non-residential Property Use Categories. (B) Separate each Building in each of the non-residential Property Use Categories into the appropriate non-residential Property Use Category for that Building. (C) For each non-residential Property Use Category, add the Building square F-1 r ! footage of all the Buildings in each non-residential Property Use Category, All Buildings with a number of square feet exceeding 77,001 will be included in the calculation at 77,001 square feet This sum reflects an aggregate square footage area for each non- residential Property Use Category to be used by the City in the computation of Fire Rescue Assessments, (D) Divide the product of subsection (A) of this Section relative to each of the non-residential Property Use Categories by the sum of the square foot allocations for each non-residential Property Use Category described in subsection (C) of this Section, The resulting quotient expresses a dollar amount per square foot of improved area ("the square foot rate") to be used in computing Fire Rescue Assessments on each of the respective non-residential Property Use Categories. (E) For each of the non-residential Property Use Categories, other than Nursing Home Property, multiply the applicable square foot rate calculated under subsection (D) of this Section by the number of square feet, up to 77,001 square feet, for each Building in the non-residential Property Use Categories, The resulting product for each Building expresses the amount of Fire Rescue Assessments to be imposed on each Building of Non-Residential Property, SECTION F-3. NURSING HOME PROPERTY. Notwithstanding the procedure in Section F-2 for Non-Residential Property, the Fire Rescue Assessments for each Building of Nursing Home Property shall be computed as follows: (A) For Nursing Home Property, multiply the square foot rate determined in subsection F-2 of this Section for Institutional Property by the number of square feet, up to 77,001square feet, for each Building of Nursing Home Property, Such amount shall F-2 I' II II II I be the amount of the Fire Rescue Assessments imposed upon each Building of Nursing Home Property. (8) Multiply the amount directed to be imposed as Fire Rescue Assessments on Nursing Home Property in subsection(A) of this Section by the total square footage of Buildings related to Nursing Home Property as provided in subsection F-2(C). The resulting product represents the aggregate revenue to be derived from Fire Rescue Assessments imposed upon Nursing Home Property. (C) The remaining portion of the City's fire rescue budget otherwise attributable to Nursing Home Property, and not funded through Fire Rescue Assessments imposed upon Nursing Home Property, shall be funded from legally available City revenue other than Fire Rescue Assessment proceeds. SECTION F-4. MIXED USE PROPERTY. The Fire Rescue Assessments for each Tax Parcel classified in two or more Property Use Categories shall be the sum of the Fire Rescue Assessments computed for each Property Use Category. F-3 : I , , , I APPENDIX G FORM OF NOTICE TO BE PUBLISHED To Be Published by August 18, 2008 NOTICEOFHEA~NGTOIMPOSEAND PROVIDE FOR COLLECTION OF FIRE RESCUE SPECIAL ASSESSMENTS Notice is hereby given that the City Commission of the City of Boynton Beach will conduct a public hearing to consider the imposition of annual fire rescue special assessments for the provision of fire rescue services within the municipal boundaries of the City of Boynton Beach. The hearing will be held at 6:30 p.m, on September 9,2008, in the Commission Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton Beach, Florida, for the purpose of receiving public comment on the proposed assessments. All affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice, If a person decides to appeal any decision made by the City Commission with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's Office at (561)742-6013, at least three days prior to the date of the hearing, The assessment for each parcel of property will be based upon each parcel's classification and the total number of billing units attributed to that parcel. The proposed fire rescue assessment schedules for Fiscal Year 2008-2009 and future fiscal years are as follows: G-1 Property Use Category Rate Per Dwelling Unit Residential $68.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.16 Industrial/Warehouse $0.04 Institutional $0.17 Nursing Home $0.17 Copies of the Fire Rescue Assessment Ordinance, the Initial Assessment Resolution and the preliminary Assessment Roll are available for inspection at the City Clerk's office in City Hall, located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida. The fire rescue non-ad valorem assessment will be collected on the ad valorem tax bill to be mailed in November 2008, Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If you have any questions, please contact the Finance Department at (561 )732- 6310, Monday through Friday between 9:00 a.m, and 5:00 p,m, [INSERT MAP OF THE CITY OF BOYNTON BEACH] CITY COMMISSION CITY OF BOYNTON BEACH, FLORIDA G-2 II APPENDIX H FORM OF NOTICE TO BE MAILED i APPENDIX H FORM OF NOTICE TO BE MAILED * * * * * NOTICE TO PROPERTY OWNER * * * * * City of Boynton Beach 100 East Boynton Beach Blvd. CITY OF BOYNTON BEACH, FLORIDA Boynton Beach, Florida 33425-0310 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE NON-AD VALOREM ASSESSMENTS NOTICE DATE: AUGUST 18, 2008 Owner Name Address Tax Parcel # City, State Zip Legal Description: As required by Section 197.3632, Florida Statutes, and City Ordinance No, 2008- notice is given by the City of Boynton Beach that an annual assessment for fire rescue services using the tax bill collection method, may be levied on your property for the fiscal year October 1, 2008 - September 30,2009. The City has levied a fire rescue special assessment since 2001 pursuant to Ordinance No, 01-34, as amended, which Ordinance sunsets on September 30. 2008, The City has adopted Ordinance No, 08-_ to provide for reenactment of the fire rescue special assessment within the City commencing with the 2008-2009 Fiscal Year. The purpose of this assessment is to fund fire rescue services benefitting improved property located within the City of Boynton Beach. The total annual fire rescue assessment revenue to be collected within the City of Boynton Beach is estimated to be $3,851,969. The annual fire rescue assessment is based on the classification of each parcel of property and number of billing units contained therein. The above parcel is classified as The total number and types of billing units on the above parcel is The maximum annual fire rescue assessment that can be imposed without further notice for Fiscal Year 2008-09 and future fiscal years is $ for the above parcel. A public hearing will be held at 6:30 p.m, on September 9, 2008, in the City Commission Chambers, City Hall, 100 East Boynton Beach Boulevard, Boynton Beach, Florida for the purpose of receiving public comment on the proposed assessments, You and all other affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. If you decide to appeal any decision made by the City Com mission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this H-1 II II , I I proceeding should contact the City Clerk's office at (561)742-6013, at least three days prior to the date of the hearing. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action at the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the issues presented. Copies of the Fire Rescue Assessment Ordinance, the Initial Assessment Resolution and the preliminary assessment roll are available for inspection at the City Clerk's office in City Hall, located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida. Pursuant to Chapter 92-264, Laws of Florida, as amended by Chapter 2003-348, Laws of Florida, a special act relating to the County, notice of the fire rescue assessment imposed by the City shall also be included by the Property Appraiser as part of the notice of proposed property taxes under Section 200,069, Florida Statutes, the truth-in-m illage notification. Both the fire rescue non-ad valorem assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed in November. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title, If there is a mistake on this notice, it will be corrected, If you have any questions regarding your fire rescue service assessment, please contact the Finance Department at (561)732-6310. Monday through Friday between 9:00 a,m. and 5:00 p,m. * * * * * THIS IS NOT A BILL * * * * * H-2 XII. - LEGAL- 2nd Reading Non-Development CITY OF BOYNTON BEACH ITEM 8.4 AGENDA ITEM REQUEST FORl\tl Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeiing Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April J S, 2008 March 31,2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14,2008 (Noon) rgJ July 1, 2008 June 16,2008 (Noon) D May 20, 2008 May S, 2008 (Noon) D July IS, 2008 June 30, 2008 (Noon) D June 3, 2008 May 19,2008 (Noon) D August S, 2008 July 14,2008 (Noon) D Announcements/Presentations D City Manager's Report NA TURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda rgJ Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDA TION: This matter has been placed under Legal (rather than Consent) to follow a sequence of events of the development of the Fire Assessment Program. It is appropriate to consider the expenditure of funds for first class mailed notices after the Ordinance and Initial Rate Resolution have been adopted (prior items Legal B.I & 8.2). Therefore, staff recommends the execution and acceptance of the attached Government Services Group, Inc. quote in the amount of $3 8,912 to provide the necessary services for the first class mailing of notices to all property owners regarding the proposed FY 2008/09 Fire Assessment Program, and further authorize the use of Commission Contingency funds until such time that a Fire Assessment Budget has been approved and adopted. EXPLANA TION: In order for the City to implement the FY 2008/09 Fire Assessment Program certain notice requirements must be met as outlined in FS 197.3632 in order to properly notify all property owners of the proposed assessment. GSG will charge a fee of $1,28 per mailed first class letter which includes all expenses: merging pertinent assessment rolI information into the notices, printing and preparing the notices to be mailed, postage, stationary and copy charges. There are approximately 30,400 notices that wiII be required to be mailed. PROGRAM IMPACT: Proper notice requirements must be met as outlined in Florida Statutes. Otherwise, the City would not be in compliance with State law to properly notice the proposed assessment. FISCAL IMP ACT: Commission contingency funds will be utilized until such time that the assessment prograrw'budget is approved and adopted, This expense ($38,912) has been included in the Fire Assessment Budget. Once adopted, the funds will be transferred out of the Fire Assessment Budget into the Commission Contingency account. AL TERNA TIVES: Not authorize expenditure, Not be in compliance with Flori Assessment Program, .. 1 /:: ~c/~r <C~/,~~ . Department Head's Signature City Manager's Signature Assistant to City Manager ();wi/ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC G S G public sector solutions HNIVfN SFFVICES G June 4, 2008 Via Electronic Transmission Mr. Kurt Bressner, City Manager City of Boynton Beach 100 E, Boynton Beach Blvd. Boynton Beach. FL 33425-0310 Re: Fire Assessment Program - First Class Notices Dear Mr. Bressner, This correspondence is written to present a proposal from Government Services Group, Inc. (GSG) to provide assistance to the City of Boynton Beach (City) with the first class notice requirements of section 197.3632, Florida Statutes for the City's fire assessment program beginning in Fiscal Year 2008-09, In previous years, the City was required to use the Truth-in-Millage (TRIM) notice to provide notice of special assessments pursuant to a special act that pertained to Palm Beach County. The amendment to this special act provides that use of the TRIM notice satisfies the mailed notice requirement of section 197.3632, Florida Statutes unless the assessment is levied for the first time, the boundaries change, the purpose changes or the rate exceeds the maximum rate, Because of this amendment and based on our discussions with the Palm Beach County Property Appraiser's office, it is recommended that the City provide additional first class mailed notice to property owners regarding the proposed fire special assessment program, To accomplish this process, GSG will assist the City as follows: . Assist the City in developing the first class notice; . Merging the pertinent assessment roll information into the notices; . Printing and preparing the notices to be mailed; and . Mailing the notices by first class mail. GSG's fee for this service is $1,28 per mailed first class notice, which includes all out-of-pocket expenses such as postage, envelopes, copy charges, etc. There are approximately 30,400 notices that will be required to be mailed at a cost of $38,912, However, the total fee will be based on the actual number of notices that are mailed, Mr. Kurt Bressner, City Manager City of Boynton Beach June 4, 2008 Page 2 Payment of mailing and production costs is due at the time of adoption of the initial assessment resolution currently scheduled for July 1, 2008. In the event that the U.S. postage rates increase during the course of this engagement, the fees will increase by the exact amount of the U.S. postage rate increase. If you agree with the terms contained herein, please execute below to indicate acceptance and to serve as proper notice to proceed. Upon execution, please provide our office with a signed copy for our files. If you or any other City officials have any questions, please feel free to contact me. Sincerely, Qj~~ Camille P. Tharpe Sr. Vice President CPT/sm ACCEPTED AND AGREED TO: BY: City of Boynton Beach Date XII. - LEGAL - 1st Read" ITEM C.1 '"9 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 Meetine: Dates in to City Clerk's Office Meetine: Dates in to City Clerk's Office o April 15, 2008 March 31, 2008 (Noon) o June 17,2008 June 2, 2008 (Noon) o May 6, 2008 April 14, 2008 (Noon) IZI July 1,2008 June 16,2008 (Noon) o May 20, 2008 May 5, 2008 (Noon) o July 15,2008 June 30, 2008 (Noon) o June 3, 2008 May 19,2008 (Noon) o August 5, 2008 July 14,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda IZI Legal 0 0 li C") Code Compliance & Legal Settlements Unfinished Business (")- _-f 0 Public Hearing 0 ~ -1-< -<0 n"" , r-CD \0 rr'lo :::0-< ~ ~:t:: ::r: (J) -l _ 00 _ .." 2: RECOMMENDATION: Approve the attached amendment to Ordinance No. 07-034 amending ChaP<l26,.,..,CtI "Water, Sewers and City Utilities" as it pertains to the payment of Water and Sewer Capital Facilities .. rgei)~ 0'fC') EXPLANATION: The existing language in Section 26-34 of the ordinance allows for an interpretation that is :z: contrary to the original intent of the ordinance, which is to eliminate the capital facilities charge for outdoor seating at restaurants in part of the Community Redevelopment Area, PROGRAM IMP ACT: The purpose of the proposed amendment is to correct and clarify the language such that it accurately reflects the original intent of the ordinance, FISCAL IMPACT: N/A AL TERN A TIVES: Retain the existing ordinance language. ~~ City'Manager's Signature Assistant to City Manager Wv Department of Development ~ City Attorney / Finance S:\BULLETINlFORMS\AGENDA ITEM REQUEST FORM.DOC " I r , 1 ORDINANCE NO. 08- 2 ~ AN ORDINANCE OF THE CITY COMMISSION OF THE -' 4 CITY OF BOYNTON BEACH, FLORIDA AMENDING 5 CHAPTER 26, "WATER, SEWERS AND CITY UTILITIES", 6 AMENDING SECTION 26-34, "CAPIT AL FACILITIES 7 CHARGES AND CONNECTION CHARGES'" 8 PARAGRAPH (A), "CAPIT AL FACILITIES CHARGE 9 IMPOSED" , TO EXEMPT OUTDOOR RESTAURANT ]0 SEATING FROM THE PAYMENT OF WATER AND II SEWER CAPITAL FACILITIES CHARGES IN PART OF ]2 THE COMMUNITY REDEVELOPMENT AREA; AND ] ~ PROVIDING FOR CONFLICTS, SEVERABILITY, -' ]4 CODIFICATION AND AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of Boynton Beach approved Ordinance 17 07-034 to exempt outdoor restaurant seating from the payment of water and sewer capital 18 facilities charges; and 19 WHEREAS, the existing language allows for an interpretation that is contrary to the 20 original intent of Ordinance 07-034 which is to eliminate the capital facilities charge for outdo( 2] seating at restaurants in part of the Community Redevelopment Area; and n WHEREAS, City Commission of the City of Boynton Beach deems it to be in the best 7~ 'nterest of the citizens and residents of the City amend Ordinance 07-034 to correct and clarify LJ 24 he language so that it accurately reflects the original intent 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 26 ITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1, Each Whereas clause set forth above is true and correct and incorporated 28 erein by this reference, 29 Section 2. That Chapter 26, entitled "Water, Sewers and City Utilities", Article 11. 30 ection 26-34, is hereby amended in part by amending paragraph (A) as follows: i :\CA\Ordinances\Capital Facilities Charges (Outdoor Seating)071 508.doc 1 Sec. 26-34 Capital facilities charges and connection charges. 2 (A) CAPITAL FACILITIES CHARGE IMPOSED. When property receives 3 water and/or sewage service from systems owned or controlled by the city, the owner 4 of such property shall pay unto the city a water and/or sewage capital facilities charge 5 as follows: 6 (1) Water: 7 * * * 8 (2) Sewage 9 * * * 10 Said capital facilities charge is designed to cover the cost of existing or additional raw 11 water production facilities, water treatment facilities and water distribution facilities 12 together with sewage transmission facilities either existing or additions and 13 improvements thereto which will be utilized by the city to provide water and sewer 14 service to said property. Said capital facilities charge shall be paid or in part credited if 15 appropriate upon the issuance of the first building permit issued on the owner's property 16 and shall be computed based upon the rate in effect upon that date. 17 I A capital facilities charge shall not be assessed to restaurants for outdoor seating 00 18 private proper~y as long as said outdoor seating does not exceed 50% of the total 19 customer seating provided by the restaurant at that location. All outdoor seating at 20 \ restaurants located within a mixed use project approved within a mixed use zoning 21 district allowing a mix of uses in the Community Redevelopment Area, or restaurants 22 located within a public building or the Public Usage Zoning District are exempt from the 23 capital facilities charge. 24 Under no circumstances shall any permanent or temporary seating be located partially or 25 completely within required parking spaces, easements, fire lanes, access aisles, or the 26 public right-of-way except with city approval and in accord with city regulations. 27 For the purposes of this ordinance, "outdoor seating" is defined as any customer seating 28 placed outside (exterior) of the fixed and permanent walls of the building where the 29 restaurant is located. 30 For properties located within the community redevelopment area that are assessed capital 31 facilities charges pursuant to this section, the capital facilities charge may be paid in full 32 prior to or at the time of building permit issuance or on an installment basis, without 33 interest, for an amortization period not to exceed eighteen (18) months from building 34 permit issuance. Should the installment payment option be utilized, charges will be billed 35 on a monthly basis, and the property shall only be credited for the value of that portion of 36 the capital facilities which has been paid. 37 38 * * * 39 40 Section 3. Each and every other provision of Chapter 26, not herein specifically :\CA\Ordinances\Capital Facilities Charges (Outdoor Seating)071508,doc 2 ] amended shall remain in full force and effect as previously enacted, 2 Section 4. All ordinances or parts of ordinances in conflict herewith be and the sam~ 3 are hereby repealed. 4 Section 5, Should any section or provision of this ordinance or portion hereof an) 5 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid. such 6 decision shall not affect the remainder of this ordinance, 7 Section 6. Authority is hereby granted to codify said ordinance, 8 Section 7. This ordinance shall become effective immediately upon its passage and 9 adoption, 10 FIRST READING this day of ,2008. 0- ] ] 12 SECOND, FINAL READING AND PASSAGE this _____ day of _____ .2008, 13 14 CITY OF BOYNTON BEACH. FLORlDA i 15 16 ]7 Mayor - Jerry Taylor 18 19 20 Vice Mayor - Jose Rodriguez 21 22 }~ Commissioner - Ronald Weiland _J 24 25 26 Commissioner - Woodrow L, Hay 27 28 29 Commissioner - Marlene Ross 30 TTEST: 31 ~} J_ 33 anet M, Prainito, CMC 34 ity Clerk 35 36 CORPORATE SEAL) 37 :\CA\Ordinances\Capital Facilities Charges (Outdoor Seating)071508,doc , XII. - LEGAL - 1st Reading ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 15, 2008 March 3], 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14,2008 (Noon) C8J July 1,2008 June 16, 2008 (Noon) D May 20, 2008 May 5, 2008 (Noon) D July 15,2008 June 30, 2008 (Noon) D June 3, 2008 May] 9,2008 (Noon) D August 5, 2008 July 14,2008 (Noon) D Ann oun cern ents/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda C8J Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing D RECOMMENDATION: Consideration of a proposed ordinance for first reading, providing for the City's joining the Executive Officer's Class of the Florida Retirement System EXPLANA TION: The City Attorney's Office was requested to provide guidance as to the process and procedure for the City's joining the Executive Officer's Class of the Florida Retirement System (FRS) in order to provide a retirement benefit for the City's elected officials. This ordinance is the first step in the process towards entering the FRS, Prior to final adoption of the ordinance, however, it is necessary for the Commission to detennine whether credit for past service would be purchased for the participants by the City or by the participants themselves. If this process is not completed within six (6) months from the date the ordinance was adopted, the City would be forever precluded from entering the Elected Officer's Class of the FRS in the future, PROGRAM IMPACT: Adoption of the ordinance would provide the City's elected officials with a retirement benefit through the FRS, FISCAL IMP ACT: 3% of payroll of the City's elected official annually, plus the cost of past service if it is to be purchased by the City. Actual figures will be computed with the assistance of FRS once the City expresses its interest by adopting the ordinance on first reading, The FRS program states that the current employer contribution rate is 16.53% -- this would need to be an additional budgeted expense for fiscal 2008-09. Based on a payroll base for the entire Commission of $86,700 the annual cost would be: $14,400. FRS has not released the 2008-09 employer contribution rate yet Staff estimates the rate will go to at least 18% or $15,600, AL TERNA TIVES: ]. Create a retirement plan for the elected officials s'milar to the retirement plans the City has for its employees; 2. Take no action. - ~ - /-:7'14:1-" Department Head's Signature City Manager's Signature Assistant to City Manager ctnlv ~ City Attorney Department Name City Attorney / Finance SIBULLETINlFORMS\AGENDA ITEM REQUEST FORM DOC I I 1 ORDINANCE 08- 2 3 4 I AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 PROVIDING FOR THE CITY'S P ARTICIP A TION IN THE FLORIDA 6 RETIREMENT SYSTEM PENSION PLAN FOR THE CITY'S 7 ELECTED OFFICIALS; CREA TING A NEW ARTICLE X OF 8 CHAPTER 18 OF THE CITY CODE OF ORDINANCES, ENTITLED 9 "PENSION PLAN FOR ELECTED OFFICIALS," BY CREATING A 10 NEW ~18-240, ENTITLED "CREATION AND MAINTENANCE OF 11 PENSION BENEFITS;" AUTHORIZING THE APPROPRIATE CITY 12 OFFICIALS TO DO ALL THINGS NECESSARY TO EFFECTUATE 13 THE INTENT OF THIS ORDINANCE; PROVIDING FOR 14 CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR 15 SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 16 17 18 WHEREAS, the City of Boynton Beach ("City") currently offers no retirement benefits to 19 its elected officials; and 20 21 WHEREAS, the City desires to provide the Florida Retirement System retirement benefit 22 o the City's elected officials; and 23 24 WHEREAS, the City Commission of the City of Boynton Beach, Florida hereby finds 25 hat authorizing participation in the Florida Retirement System for its elected officials is in the best 26 . nterest of the citizens and residents of the City of Boynton Beach, 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 29 ITY OF BOYNTON BEACH, FLORIDA THAT: 30 31 SECTION 1. The foregoing recitals are hereby affirmed and ratified, 32 33 SECTION 2. The City Commission of the City of Boynton Beach, Florida hereby 34 eclares it to be the policy and purpose of the City of Boynton Beach that its elected officials, 35 xcept those excluded by law, shall participate in the Florida Retirement System as authorized by 36 hapter 121, Florida Statutes, and that the benefits of the Florida Retirement System shall be 37 xtended to such elected officials on the basis of applicable State laws and amendments thereto, 38 ncluding all applicable rules and regulations, 39 40 SECTION 3. The City Commission hereby creates a new Article X of Chapter 18 of the 41 ity Code of Ordinances, entitled "Pension Plan for Elected Officials," and further creates a new 42 18-240, entitled "Creation and Maintenance of Pension Benefits," as follows: 43 c\CA\Ordinances\Pension Plan for Elected Ot1lcials.doc 1 2 CHAPTER 18 - PENSIONS AND RETIREMENT 3 4 .. . 5 6 ARTICLE X - PENSION PLAN FOR ELECTED OFFICIALS 7 8 Section 18-240. Creation and maintenance of pension benefits. 9 10 A pension and retirement system for elected officials of the City is hereby 11 established to provide retirement benefits by participating in the Florida Retirement 12 System as provided in Chapter 121 , Florida Statutes, and that the benefits to the Florida 13 Retirement System shall be extended to such elected officials pursuant to the rules, 14 regulations and provisions of the Florida Retirement System, the applicable state laws and 15 amendments thereto. 16 17 SECTION 3. The City Manager is hereby authorized and directed to execute all 18 necessary agreements and amendments thereto with the Administrator of the Florida Retirement 19 System for the purpose of extending the benefits provided by the Florida Retirement System to the 20 lected officials of the City of Boynton Beach which agreement shall provide for such methods of 21 dministration of the plan by the City of Boynton Beach as are found by the Administrator of the 22 lorida Retirement System to be necessary and proper, and shall be effective with respect to any 23 mployment or service covered by such agreement for services performed on or after the 24 ayof ,2008. 25 26 SECTION 4. The City of Boynton Beach shall make any and all necessary arrangement 27 o withhold from the salaries, wages or other compensation of the City's elected officials for the 28 urpose provided herein and shall be made in the amounts and at such times as may be required by 29 pplicable state laws or regulations, and shall be paid over to the Administrator of the Florida 30 etirement System designated by said laws or regulations to receive such amounts at the times and 31 n the manner provided by law and regulation. 32 33 SECTION 5. It is further directed that there shall be appropriated from available funds 34 erived from the City of Boynton Beach such amounts and at such times as may be required to 35 ay promptly the contributions and assessments required of the City of Boynton Beach, Florida, as 36 mployer, by applicable State laws or regulations, which shall be paid over to the lawfully 37 esignated Administrator of the Florida Retirement System. 38 39 SECTION 6. The City of Boynton Beach, Florida shall keep such records and make such 40 eports as may be required by applicable State laws or regulations, and shall adhere to all laws and 41 egulations relating to the Florida Retirement System. 42 43 SECTION 7. The City of Boynton Beach, Florida, does hereby adopt the terms, 44 onditions, requirements, reservations, benefits, privileges, and other conditions thereunto 45 ppertaining, of the Florida Retirement System, for and on behalf of all elected officials to be 46 overed under the agreement. 2 1 2 3 SECTION 8. The City Manager, or his or her designee, is hereby designated as the 4 custodian of all sums withheld from the compensation of the employees and officials as authorized 5 herein and of the appropriated funds for the employer's contributions as provided herein, and 6 further designated the withholding and reporting agent and charged with the duty of maintaining 7 records for the purpose of this ordinance, 8 9 SECTION 9. Codification of this Ordinance is hereby authorized and directed, 10 11 SECTION 10. All ordinances or parts of ordinances in conflict herewith be. and 12 the same are, hereby repealed to the extent of such conflict. 13 14 SECTION 11. If any clause, section, other part or application of this ordinance is 15 held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application. 16 it shall not affect the validity of the remaining portions or applications of this ordinance, 17 18 SECTION 12. This Ordinance shall become effective immediately upon adoption, 19 20 FIRST READING, this _ day of. .2008. 21 SECOND, FINAL READING AND PASSAGE, this ____ day of._~______. 2008. 22 23 CITY OF BOYNTON BEACH, FLORIDA 24 25 26 Mayor - Jerry Taylor 27 28 ..- 29 Vice Mayor - Jose Rodriguez 30 31 32 Commissioner - Ronald Weiland 33 34 35 Commissioner - Woodrow L. Hay 36 TTEST: 37 -." 38 Commissioner - Marlene Ross 39 40 anet M. Prainito, CMC 41 ity Clerk 42 43 44 CORPORA TE SEAL) 3 CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Mayor Jerry Taylor Members of the City Commission CC: Kurt Bressner, City Manager E. Barrett Atwood, Sr., Director of Financial Services FROM: James A. Cherof, City Attorney ~ Julie Klahr, Assistant City Attorney DATE: May 7, 2008 RE: Florida Retirement System - Elected Officer Class We have been asked to provide guidance on the City of Boynton Beach ("City") joining the Elected Officer class of the Florida Retirement System. This memorandum will attempt to explain the implications of joining the Florida Retirement System, the details of the Elected Officer class, and the mechanics of what the City must do in order to join the program. INTRODUCTION The Florida Retirement System ("FRS") has four (4) general classes with which the City could participate, each with a distinctive multiplierl: (1) The Elected Officer class which has a multiplier of 3%; (2) The Regular class (which includes general employees) with a multiplier of 1.6%; (3) Police with a 3% multiplier; and (4) Fire with a 3% multiplier. Under the FRS, since the City's elected officials are salaried and do not receive compensation on a per meeting or per diem basis, the City may enroll in the Elected Officer class without participation in any other class. Since the City already has established non-FRS pension plans for its general, police and fire employees, this memorandum only addresses joining the Elected Officer class. How does the City join the FRS Elected Officer class? The process to actually commence participation, however, is relatively simple. The City must adopt a resolution or ordinance expressing its intent to participate in the Elected Officer class of the FRS and submit it to the Division of Retirement A draft of a proposed ordinance is attached for your review as Exhibit "A", The City then has six (6) months from the date of joining FRS to 1 The multiplier is the percentage factor by which average compensation is multiplied as part of the formula to calculate the monthly retirement benefit B()ynton Beach FRS - Elected Officer Class May 7. 2008 Page 2 complete and submit all of the required paperwork, agreements and documentation, It is imperative to note that if the City initiates this process and fails to submit the required documentation within this six (6) month time frame, the City will be precluded from ever participating in the Elected Officer class in the future unless the legislature opens a window to (l!JOW such participation in the future. The additional documentation required includes the adoption of a second resolution or ordinance which designates all of the elected positions of the City as participating members for inclusion in the class of retirees within the Elected Officer class, and gives direction as to other decisions regarding whether or not to purchase past service, which is discussed in further detail below, The required agreements would also require City approval and authorization, See Exhibit "B." The initial authorizing ordinance authorizes City Staff to complete such documentation on the City's behalf. Once all of the required documents are submitted, the elected officers are considered enrolled the first of the month following the FRS's receipt of all enrolling documentation, Can the City choose to cancel it's participation in FRS? The City's decision to join FRS is irrevocable, Once the City joins the FRS as a contributing employer, the City may not withdraw from the program without legislative authorization. Legislative authorization for withdrawal has only occurred one time in the past. It is not anticipated or guaranteed that it will ever occur again, Therefore, the City must be sure that it desires to participate, Once participation commences, however, the contribution rates, vesting schedules and all other aspects of the plan are subject to the legislative control and administration of the State Legislature and Division of Retirement. The City's only role would be the continued funding of the benefits on behalf of the participants and periodically completing the required paperwork to the Division of Retirement. Mayan individual commissioner choose not to participate? Elected officers are deemed to participate in the Elected Officer class once the City joins the FRS. However, an elected official may elect to withdraw from participation in the FRS within six (6) months of the City's enrollment in FRS, or within six (6) months upon assuming office, Such election shall be made in writing and filed with both the FRS and the City. If the election to opt out of participation in the Elected Officer class is not made, the elected official will participate in FRS by default. Mayan elected officer who chooses to withdraw from FRS elect to participate at a later date'? If the elected officer chooses to withdraw, they may elect to rejoin at a later date upon written request to the FRS and the City, During the period that the elected official was withdrawn. an) contributions made by the City on behalf of the elected official prior to their withdra\val will be refunded to the City by the FRS. unless the elected officer has vested an interest in such funds under S\CA\MEMORANDUM\Comm - Florida Retirement System - Elected Officers' Class 2 doc Boynton Beach \ FRS - Elected Officer Class May 7, 2008 Page 3 the FRS, in which case the elected officer will receive a retirement benefit in accordance with the provisions of the FRS, The withdrawn elected official who later rejoins will only receive credit for the time the elected official had been withdrawn upon payment to the FRS of contributions by the City for such period of withdrawal on the elected official's behalf. This payment is made in accordance with the contribution requirements under the FRS. At this time, there are no employee contributions required and the elected official will not be required to make any contributions to reJOIn, What is the cost of participating in the Elected Officer class? The current published employer contribution rate for the Elected Officer class is 16.53% of the Commission payroll. This rate is effective through June 30, 2008 and is reviewed and adjusted annually by the State. There currently is no "employee" contribution required to be made by the elected official. How long must an elected official participate in order to receive a retirement benefit? Eligibility for normal retirement occurs when the member has six (6) years of creditable service and is 62 years of age or has thirty (30) years of service regardless of age. There is a six (6) year vesting schedule if the member participates in the Pension Plan option (discussed more fully below). However, if the member participates in the Investment Plan option (discussed below) vesting is only one (I) year. When a participant is considered to have "vested" they are guaranteed to receive a future retirement benefit upon completion of the required years of creditable service, even though they may have terminated "employment" before reaching their normal or early retirement date. What are the differences between the "Investment Plan" and the "Pension Plan" options? While participating in the Elected Officer class of FRS, members have the option of participating in either of two investment options referred to as the "Pension Plan" and the "Investment Plan." FRS is the best party to explain each of these options in great detail and how they differ, however, more detailed materials are attached hereto as Exhibit "C" which further explain each option. At this time, however, suffice it to say that the Pension Plan operates like a defined benefit plan which pays a regular payment on a monthly basis during retirement and would be beneficial for persons who either have significant FRS service or intend to stay within the FRS system long enough to retire from an FRS employer. The Investment Plan option is a defined contribution plan, similar to a 40 I (k), in which monies are invested and the retiree determines how much to withdraw from the account and when, It would be more beneficial to individuals who may not stay in the FRS for the six (6) years necessary to vest in the Pension Plan. Which option to select is an individual decision to be made by each member. Additional information is available from the FRS which will assist each person in comparing these two options once the City has joined the system. What if I am already enrolled in FRS due to my other employment? In the event that an elected official is, or at any time becomes, employed by another agency that participates in FRS while participating in the Elected Officer class, the elected official would be S:\CA\MEMORANDUM\Comm - Florida Retirement System - Elected Officers' Class 2.doc Boynton Beach FRS - Elected Officer Class May 7, 2008 Page 4 considered to be dually employed. Under this circumstance, the elected official may elect membership in either plan, but cannot be a member in both at the same time, The elected official has six (6) months from the date of becoming dually employed in which to make this election. If they fail to make this election within the prescribed time period, they will be considered a member of the Elected Officer class by default, An FRS member who is dually employed can receive pension credit for the service they provide in both agencies with which he or she participates. but cannot belong to two plans simultaneously. For those elected officials who are otherwise eligible for the Senior Management Service Class (i,e., serve as a member of management for another agency that participates in the FRS), the elected officer may elect to participate in the Senior Management Service Class instead of the Elected Officer class. This is beneficial in only a small number of cases. The FRS would assist in whether this would be applicable for any particular member. What is the retirement benefit that an elected official may receive? A retirement benefit is a function of the salary the elected officer receives multiplied by the number of years of creditable service, times the applicable multiplier (as state above, for the Elected Officer class the multiplier is 3%), For this reason, an elected official may desire that past service credit be purchased in order to increase their benefit Eligible past service credit includes the years or months of past service, prior service, military service, out-of-state or non-FRS in-state service allowable under the FRS system. Who pays to purchase past service credit? Upon deciding whether to participate in the Elected Officer class, the City must decide: 1) whether to permit the purchase of past service; and 2) whether such past service will be purchased by the City or the elected officials themselves, If the City elects not to purchase past service for the elected officers, each member may purchase their own eligible past service once enrolled with FRS, If the City purchases past service on behalf of the elected officers, it must do so equally for each member. For example, if one elected official has 10 years past service, one has 5 years and one had I year and the City decided to purchase up to 5 years of past service, 5 years would be purchased for those that had at least 5 years of creditable service and 1 year would be purchased for the one elected official that had only 1 year of service. That elected official that had a total of 10 years of prior service would be able to purchase the additional 5 years of service that they had served on their own. Creditable service can only be purchased if the time had actually been served, In another exampie. if the City decided to buy up to 6 years of service. they would purchase 6 years for the elected official that had 10 years of service, 5 years for the elected official who only had 5 years of service. and 1 year for the elected official who only had 1 year of service. Again. the elected official \vho S\CA\MEMORANDUM\Comm - Florida Retirement System - Elected Officers' Class 2doc Boynton Beach \ FRS - Elected Officer Class May 7, 2008 Page 5 had lO years of service would be eligible to purchase the additional 4 years that the City did not purchase, How much will it cost to purchase past service credit? Past service is actually purchased at the contribution rate for the Regular Class that was in effect at the time the creditable service was earned, multiplied by the annual interest rate compounded annually. It is then necessary to upgrade the past service from the Regular class to the Elected Officer class. This is a confusing calculation, and is the same regardless of whether the service is purchased by the member or the City. In order to facilitate a more in depth determination by the Commission regarding the cost of purchasing past service and who should bear such cost, the FRS will calculate the cost of such purchase once the City submits the appropriate census information to them for each of the City's elected officials. CONCLUSION The City must first decide whether or not it wants to participate in the FRS Elected Officer class. If the City elects to participate, the City must then 1) adopt an ordinance; 2) execute all of the required agreements; 3) determine whether or not it desires to pay for past service; 4) if so, determine how much past service should be purchased by the City; and 5) adopt a final ordinance or resolution which designates the positions to include as well as direction to the FRS regarding the purchase of past service. The decision about whether or not to purchase past service credit will apply to all seated elected officials, as well as any future elected officials that may come into office. Our office stands ready to assist further in this decision and answer any questions you may have. If the City elects to join the Elected Officer class of the FRS, we will prepare the appropriate resolutions or ordinances for the Commission's consideration and assist City Staff to complete the required documentation for submission to FRS. S:ICAIMEMORANDUM\Comm - Florida Retirement System - Elected Officers' Class 2doc 1 ORDINANCE 08- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 PROVIDING FOR THE CITY'S PARTICIPATION IN THE FLORIDA 6 RETIREMENT SYSTEM PENSION PLAN FOR THE CITY'S 7 ELECTED OFFICIALS; CREATING A NEW ARTICLE X OF 8 CHAPTER 18 OF THE CITY CODE OF ORDINANCES, ENTITLED 9 "PENSION PLAN FOR ELECTED OFFICIALS," BY CREATING A 10 NEW ~18-240, ENTITLED "CREATION AND MAINTENANCE OF 11 PENSION BENEFITS;" AUTHORIZING THE APPROPRIATE CITY 12 OFFICIALS TO DO ALL THINGS NECESSARY TO EFFECTUATE 13 THE INTENT OF THIS ORDINANCE; PROVIDING FOR 14 CODIFICA TION; PROVIDING FOR CONFLICTS; PROVIDING FOR 15 SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 16 17 18 WHEREAS, the City of Boynton Beach ("City") currently offers no retirement benefits to 19 its elected officials; and 20 21 WHEREAS, the City desires to provide the Florida Retirement System retirement benefit to 22 the City's elected officials; and 23 24 WHEREAS, the City Commission of the City of Boynton Beach, Florida hereby tinds that 25 authorizing participation in the Florida Retirement System for its elected officials is in the best 26 interest of the citizens and residents of the City of Boynton Beach, 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 29 CITY OF BOYNTON BEACH, FLORIDA THAT: 30 31 SECTION 1. The foregoing recitals are hereby affirmed and ratified, 32 33 SECTION 2. The City Commission of the City of Boynton Beach. Florida hereby declares 34 it to be the policy and purpose of the City of Boynton Beach that its elected officials, except those 35 excluded by law, shall participate in the Florida Retirement System as authorized by Chapter ]:2]. 36 Florida Statutes, and that the benefits of the Florida Retirement System shall be extended to such 37 elected officials on the basis of applicable State laws and amendments thereto, including all 38 applicable rules and regulations. 39 40 SECTION 3. The City Commission hereby creates a new Article X of Chapter ] 8 of the . . 41 City Code of Ordinances, entitled "Pension Plan for Elected Officials," and further creates a 111.'\\ 42 918-240. entitled "Creation and Maintenance of Pension Benefits." as follows: 43 SCA"Ordll1ances\'Pens)un Plan for EJecled OrtlClalsdoc I ~ '; ; I.. : I /1 1 2 CHAPTER 18 - PENSIONS AND RETIREMENT 3 4 .. . 5 6 ARTICLE X - PENSION PLAN FOR ELECTED OFFICIALS 7 8 Section 18-240. Creation and maintenance of pension benefits. 9 10 A pension and retirement system for elected officials of the City is hereby 11 established to provide retirement benefits by participating in the Florida Retirement System 12 as provided in Chapter 121. Florida Statutes, and that the benefits to the Florida Retirement 13 System shall be extended to such elected officials pursuant to the rules, regulations and 14 provisions of the Florida Retirement System, the applicable state laws and amendments 15 thereto. 16 17 SECTION 3. The City Manager is hereby authorized and directed to execute all necessary 18 agreements and amendments thereto with the Administrator of the Florida Retirement System for 19 the purpose of extending the benefits provided by the Florida Retirement System to the elected 20 officials of the City of Boynton Beach which agreement shall provide for such methods of 21 administration of the plan by the City of Boynton Beach as are found by the Administrator of the 22 Florida Retirement System to be necessary and proper, and shall be effective with respect to any 23 employment or service covered by such agreement for services performed on or after the day 24 of ,2008. 25 26 SECTION 4. The City of Boynton Beach shall make any and all necessary arrangement to 27 withhold from the salaries, wages or other compensation of the City's elected officials for the 28 purpose provided herein and shall be made in the amounts and at such times as may be required by 29 applicable state laws or regulations, and shall be paid over to the Administrator of the Florida 30 Retirement System designated by said laws or regulations to receive such amounts at the times and 31 in the manner provided by law and regulation. 32 33 SECTION 5. It is further directed that there shall be appropriated from available funds 34 derived from the City of Boynton Beach such amounts and at such times as may be required to pay 35 promptly the contributions and assessments required of the City of Boynton Beach, Florida, as 36 employer, by applicable State laws or regulations, which shall be paid over to the lawfully 37 designated Administrator of the Florida Retirement System, 38 39 SECTION 6. The City of Boynton Beach, Florida shall keep such records and make such 40 reports as may be required by applicable State laws or regulations, and shall adhere to all laws and 41 regulations relating to the Florida Retirement System. 42 43 SECTION 7. The City of Boynton Beach, Florida, does hereby adopt the terms, 44 conditions, requirements, reservations, benefits, privileges, and other conditions thereunto 45 appertaining, of the Florida Retirement System, for and on behalf of all elected officials to be 46 covered under the agreement. 2 1 2 3 SECTION 8. The City Manager, or his or her designee, is hereby designated as the 4 custodian of all sums withheld from the compensation of the employees and officials as authorized 5 herein and of the appropriated funds for the employer's contributions as provided herein, and further 6 designated the withholding and reporting agent and charged with the duty of maintaining records for 7 the purpose of this ordinance. 8 9 SECTION 9. Codification of this Ordinance is hereby authorized and directed, 10 11 SECTION 10. All ordinances or parts of ordinances in conflict herewith be, and the 12 same are, hereby repealed to the extent of such conflict 13 14 SECTION 11. If any clause, section, other part or application of this ordinance IS 15 held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it 16 shall not affect the validity of the remaining portions or applications of this ordinance. 17 18 SECTION 12. This Ordinance shall become effective immediately upon adoption. 19 20 FIRST READING, this _ day of __, 2008, 21 SECOND, FINAL READING AND PASSAGE, this _ day of .2008, 22 23 CITY OF BOYNTON BEACH, FLORIDA 24 25 26 Mayor - Jerry Taylor 27 28 29 Vice Mayor - Jose Rodriguez 30 31 32 Commissioner - Ronald Weiland 33 34 35 Commissioner - Woodrow L Hay 36 ATTEST: 37 ----.- 38 Commissioner - Marlene Ross 39 40 Janet M. Prainito. CMC 41 City Clerk 42 43 44 (CORPOR.A. TE SEAL) 3 Governor Charlie Crist . REC Secretary Linda H. South ,: .~~ ,-1 ,,,' ~~ ' "- , Division of Retirement ". Bureau of Enrollment and Contributions Post Office Box 9000 DEPARTMENfOF MANAGEMThT Tallahassee, Florida 32315-9000 C'...... , 8504888837 TEl SERVICES I , "_ i, I r'i I, 'i-Y 8773773675 TOLL FREE --... . .. ..,- v.. 'wv,' .dms.myfloridacom December 7, 2007 RECE1VED MS LYNN SWANSON ' (' I) CITY OF BOYNTON BEACH 100 E BOYNTON BEACH BLVD C\TY ATTORNEY BOYNTON BEACH FL 33435 Dear Ms. Lynn Swanson: This is in response to your request regarding joining the Florida Retirement System (FRS) for the elected officials of the City of Boynton Beach (City). Although this letter provides information for joining the FRS, Chapter 121, Florida Statutes (F.S.), and Chapter 60S, Florida Administrative Code (FAC.), remain the final authority. In order for the City to join the FRS, the City must submit to the Division of Retirement (Division): . two original signed agreements . signed resolution or ordinance . contribution requirement form . election ballots, if applicable . DPR-100s (salary certification forms), if applicable . list of all current employees All properly completed forms must be returned to the Division 15 days prior to the month of the effective join date. Enclosed is the FRS Enrollment Process Worksheet with a list of all required documents. After the City joins the FRS, each employee of the covered group filling a full-time or part-time regularly established position will be a compulsory member of the FRS, pursuant to Rule 60S-1.004(4)(b), (Florida Administrative Code) FAC, For membership requirements, please refer to Rule 60S-1.007, F,A.C., and review Rule 60S-6.001(51) and (62), F AC for the definitions of regularly established and temporary positions. If you have any questions please call Sarah Carr, in the Enrollments Section. The Florida Administrative Code is available online at http://fac,dos,stateJLus and the Florida Statutes are available online at http://wwwJlsenate.qov. Sincerely, (." I, ','\ ( \-:t' cl\ ~ LtL-LL 'l.)- C Sarah E. Carr Benefits Specialist SEe Enclosures "X/il.y; .I " f /~~ .j t- /,.J_ I " j , .,_.~ ( .,' '/ . /~.~j I ! FLORIDA RETIREMENT SYSTEM ENROLLMENT PROCESS WORKSHEET THIS DOCUMENT, AND ALL REQUESTED INFORMATION, MUST BE COMPLETED AND RETURNED PRIOR TO JOINING. GENERAL INFORMATION Current Retirement Plan Please include, in a cover letter, explaining what will become of your current retirement plan(s) If you do not have a current retirement plan initial here List of current employees Establishing Document This document was used to create your organization Federal Identification Number - -----..- Contact Information Person responsible for reporting: -- Address: --.--.-, .." ~_._--- Telephone Number: -------- Fax Number: -~'---'--- ----- Email Address: -~~.__.._- ----~----" - --_.~_..- I , certify that the above information is accurate print name Signature Date ENROLLMENT PROCESS WORKSHEET GENERAL INFORMATION PAGE 1 of 1 CITY OF BOYNTON BEACH STATE- CITY OF BOYNTON BEACH AGREEMENT NO. The Department of Management Services, Division of Retirement, of the State of Florida, under the authority of Chapter 121, Florida Statutes, and City of Boynton Beach of the State of Florida, in order to extend to elected officials of said City of Boynton Beach (except such as are hereinafter excluded) the benefits of the Florida Retirement System established by Chapter 121, Florida Statutes, hereby agree as follows 1. Definitions For the purpose of the Agreement - (a) The definitions, words and phrases as set out in Section 121.021, Florida Statutes, shall have the respective meanings set forth therein. 2. Services Covered: The agreement includes and covers all services performed by elected officials of this City of Boynton Beach except any service, position, employee, or official excluded by Chapter 121, Florida Statutes, the rules and regulations of the Florida Retirement System, or resolution/ordinance No, adopted by the City of Boynton Beach on the day of 200 - 3. Contributions by Employees: The City of Boynton Beach agrees to impose upon its employees covered by this Agreement the required contributions with respect to wages if such services constituted employment within the meaning of Chapter 121, Florida Statutes, and to deduct the amount of such required contributions from the wages as and when paid. Contributions so collected shall be paid to the Administrator of the Florida Retirement System in partial discharge of the liability of said City of Boynton Beach, said payments to be made in accordance with rules and regulations relating to the Florida Retirement System. It is agreed and understood that the failure of said City of Boynton Beach to deduct such contributions shall not relieve it of liability therefore. 4. Contributions by the City of Boynton Beach: (a) The City of Boynton Beach represents that it has duly and legally adopted, and that there is now in full force and effect, a resolution/ordinance requiring an appropriation from available funds in its general or special funds derived from ad valorem tax or other sources, which shall be in an amount not less than the sums withheld as the contributions of employees covered by the Agreement, the sum to equal the total amount due from said City of Boynton Beach (employer's and employee's contributions) under applicable provisions of Chapter 121, Florida Statutes. (b) As assurance of its ability to pay its share of the contributions which will become due and payable to the Administrator under the terms of this Agreement and as assurance that said contributions will be adequate, the City of Boynton Beach hereby obligates itself to maintain, and represents that at all times hereafter there will be maintained, in the appropriation provided in paragraph 4.(a), above, a sum fully sufficient to pay its share of the contributions: and that same (together with contributions deducted from salaries, wages, etc., of employees) will be paid promptly when due, 5 Reports-Compliance and Regulations: The City of Boynton Beach agrees that it will make such reports, in such form and containing such information. as the Administrator may require. The City of Boynton Beach further agrees that it will comply with all provisions of Chapter 121, Florida Statutes, and with all rules and regulations adopted and promulgated by the Administrator of the Florida Retirement system necessary to carry out the purposes of Chapter 121, Florida Statutes. It is further understood and agreed that late payments come under provisions of Section 121.061, paragraphs (2) (a), (b) and (c), Florida Statutes. PAGE1of2 AGREEMENT WITHOUT PAST SERVICE 6. Termination Once this agreement is made and approved it may not be revoked and all present elected officials e!ectlng coverage under this agreement and all future elected officials shall be compulsory members of the F!orlda Retirement System This Agreement shall be effective as of the _ day of 2DO - Approved this day of .200 - Director of the Division of Retirement Clerk (SEAL) CITY OF BOYNTON BEACH By Title: PAGE 2 012 AGREEMENT WITHOUT PAST SERVICE CONTRIBUTION REQUIREMENTS When an employer purchases past service for their employees, all ballots and DPR-100s (salary certification forms) must be submitted to the Division no later than the 15th of the month prior to the effective join date (an example would be if an agency is joining for July 15t, then all forms must be submitted no later than June 15th), If the required past service documentation is submitted after the 15th then the FRS join date will be revised according Iy, Florida Retirement System (FRS) employers shall pay retirement contributions to the Division of Retirement (Division) by electronic funds transfer. Retirement contributions are due no later than the 5th working day of the month immediately following the month that the payroll ends (an example would be the July payroll is due the 5th working day in August). Along with the retirement contributions, employers must submit the retirement file and contribution summary. Employer contributions or retirement file received after the 5th working day of the month shall be considered late and the employer shall be assessed a penalty of 1 percent of the total contributions due. Employers with employees in the FRS Investment Plan have an additional incentive to report retirement contributions on time, since the employees' retirement benefits are based on the contributions made to their Investment Plan account, plus any gains or losses. Please be aware that Investment Plan contributions are not sent to the employee's account until the contributions are actually paid; therefore a late submission of contributions may negatively affect those employees. In addition to the 1 percent delinquent fee for reporting late contributions, the employer will also be charged loss of earnings on Investment Plan contributions. By signing, I have read and understand the above requirements for FRS employer Contributions. Authorized Personnel Date CONTRIBUTION REQUIREMENTS PAGE 1 OF 1 CITY OF BOYNTON BEACH JOINING PACKET WITH PAST SERVICE Since the City of Boynton Beach (City) does not have an existing retirement plan, past service can be purchased by either City or an individual employee, starting with the most recent service When the employer purchases past service for its employees, the same time period must be purchased for ail eligible employees. If the City is interested in purchasing past service for ItS employees please complete the enclosed Form DPR-100, Certification of Salaries, for each employee filling a full-time or part-time regularly established position. If your agency decides to purchase past service al\ DPR- 100s must be received by the Division no later than 15 days after the City joining date Past service is calculated by the contribution rate in effect at the time the service was performed, multiplied by the salary earned, plus 6.5 percent interest compounded annually, pursuant to Rule 608- 3.004(1)(b), F,A.C. If the City does not purchase past service for its employees, each interested employee may contact the Division after the City's joining effective date. If an employee is purchasing the past service, all service must be paid prior to the employee joining the FRS Investment Plan STATE- CITY OF BOYNTON BEACH AGREEMENT NO. The Department of Management Services, Division of Retirement, of the State of Florida, under the authority of Chapter 121, Florida Statutes, and City of Boynton Beach of the State of Florida, in order to extend to elected officials of said City of Boynton Beach (except such as are hereinafter excluded) the benefits of the Florida Retirement System established by Chapter 121, Florida Statutes, hereby agree as follows: 1. Definitions For the purpose of the Agreement- (a) The definitions, words and phrases as set out in Section 121.021, Florida Statutes, shall have the respective meanings set forth therein. 2. Services Covered: The agreement includes and covers all services performed by elected officials of this City of Boynton Beach except any service, position, employee, or official excluded by Chapter 121, Florida Statutes, the rules and regulations of the Florida Retirement System, or resolution/ordinance No, adopted by the City of Boynton Beach on the day of 200 - 3. Contributions by Employees: The City of Boynton Beach agrees to impose upon its employees covered by this Agreement the required contributions with respect to wages if such services constituted employment within the meaning of Chapter 121, Florida Statutes, and to deduct the amount of such required contributions from the wages as and when paid, Contributions so collected shall be paid to the Administrator of the Florida Retirement System in partial discharge of the liability of said City of Boynton Beach, said payments to be made in accordance with rules and regulations relating to the Florida Retirement System. It is agreed and understood that the failure of said City of Boynton Beach to deduct such contributions shall not relieve it of liability therefore, 4. Contributions by the City of Boynton Beach: (a) The City of Boynton Beach represents that it has duly and legally adopted, and that there is now in full force and effect, a resolution/ordinance requiring an appropriation from available funds in its general or special funds derived from ad valorem tax or other sources, which shall be in an amount not less than the sums withheld as the contributions of employees covered by the Agreement, the sum to equal the total amount due from said City of Boynton Beach (employer's and employee's contributions) under applicable provisions of Chapter 121, Florida Statutes. (b) As assurance of its ability to pay its share of the contributions which will become due and payable to the Administrator under the terms of this Agreement and as assurance that said contributions will be adequate, the City of Boynton Beach hereby obligates itself to maintain, and represents that at all times hereafter there will be maintained, in the appropriation provided in paragraph 4.(a), above, a sum fully sufficient to pay its share of the contributions: and that same (together with contributions deducted from salaries, wages, etc., of employees) will be paid promptly when due. 5. Reports-Compliance and Regulations: The City of Boynton Beach agrees that it will make such reports, in such form and containing such information, as the Administrator may require. The City of Boynton Beach further agrees that it will comply with all provisions of Chapter 121, Florida Statutes, and with all rules and regulations adopted and promulgated by the Administrator of the Florida Retirement system necessary to carry out the purposes of Chapter 121, Florida Statutes. It is further understood and agreed that late payments come under provisions of Section 121.061, paragraphs (2) (a), (b) and (c), Florida Statutes. PAGE 1 of 2 AGREEMENT WITH PAST SERVICE 6 Termination Once this agreement is made and approved It may not be revoked and all present elected officials electing coverage under this agreement and all future elected officials shall be compulsory members of the i="!:Jrlja Retirement System 7 Past Service of Covered Group. I The City of Boynton Beach hereby elects and agrees to prOVide benefits for past service from to , for its elected officials covered by this Agreement, who were in Its employ on , in accordance with provisions of Chapter 121, Florida Statutes The cost to purchase past service credit is estimated to be which the City of Boynton Beach agrees to pay in the following manner: upon execution of the Agreement, the remainder to be paid in _equal annual installments of each, the first one of said installments shall be paid on or before June 30, and a like installment on each June 30th thereafter until the total cost is paid. This payment includes 6 1/2% interest compounded annually on the unpaid balance, It is further agreed that if an application for retirement benefits or a request for refund is received based in part on past service years, that the total amount of payments for past service credit to be refunded to said employee, shall be made from the payments made by said City of Boynton Beach and if the payments of the City of Boynton Beach are insufficient at the time said benefits or refunds are requested or are due to be paid. the City of Boynton Beach will be required to make an additional payment sufficient to meet these demands prior to the processing of the request or warrant. This will be applicable until the total past service liability has been paid in full. It is understood and agreed that the above described method for liquidating past service liability of the City of Boynton Beach does not preclude payment in part or in full of any amounts prior to the scheduled due dates. The City of Boynton Beach by making this election shall have no right at any time in the future to purchase additional past service credit for its eJected officials, Such statement of intent shall be binding and irrevocable effective with the date of coverage in the Florida Retirement System. This Agreement shall be effective as of the _ day of ,200_. Approved this day of ,200_. Director of the Division of Retirement Clerk (SEAL) CITY OF BOYNTON BEACH By Title: PAGE 2 of 2 .AGREEMENT WITH P~.sT SERVICE DPR -100 DIVISION OF RETIREMENT 1317 WINEWOOD BLVD, BLDG 3 PO BOX 9000 Tallahassee, FL 32315-9000 CERTIFICATION OF SALARIES NAME: SS #: DOH: CLASS: Regular/Special Risk DOB: If service was rendered as a Graduate/Student Assistant, Substitute, or salary was paid from OPS Funds, please designate. YEAR SALARIES YEAR SALARIES - JUL - JUL AUG AUG SEP SEP OCT OCT NOV NOV DEC DEC - JAN - JAN FEB FEB MAR MAR APR APR MAY MAY JUN JUN TOTAL 1$ - I TOTAL 1$ - I YEAR SALARIES YEAR SALARIES - JUL - JUL AUG AUG SEP SEP OCT OCT NOV NOV DEC DEC - JAN - JAN FEB FEB MAR MAR APR APR MAY MAY JUN JUN TOTAL I $ - I TOTAL 1$ I I certify that the above information was taken from the payroll records of the Telephone Agency # Certified By Title CONTRIBUTION REQUIREMENTS When an employer purchases past service for their employees, all ballots and OPR-100s (salary certification forms) must be submitted to the Division no later than the 15,0 Jf the month prior to the effective join date (an example would be if an agency is jOining for July 15: then all forms must be submitted no later than June 15th) If the required past service documentation is submitted after the 15th then the FRS Join date will be revised accordingly Florida Retirement System (FRS) employers shall pay retirement contributions to the DIvision of Retirement (Division) by electronic funds transfer, Retirement contributions are due no later than the 5th working day of the month immediately following the month that the payroll ends (an example would be the July payroll is due the 5th working day in August). Along with the retirement contributions, employers must submit the retirement file and contribution summary. Employer contributions or retirement file received after the 5th working day of the month shall be considered late and the employer shall be assessed a penalty of 1 percent of the total contributions due, Employers with employees in the FRS Investment Plan have an additional incentive to report retirement contributions on time, since the employees' retirement benefits are based on the contributions made to their Investment Plan account, plus any gains or losses. Please be aware that Investment Plan contributions are not sent to the employee's account until thr contributions are actually paid; therefore a late submission of contributions may negatively affect those employees. In addition to the 1 percent delinquent fee for reporting late contributions, the employer will also be charged loss of earnings on Investment Plan contributions. By signing, I have read and understand the above requirements for FRS employer Contributions. Authorized Personnel Date CONTRIBUTION REQUIREMENTS PAGE 1 OF 1 CITY OF BOYNTON BEACH Comparinq the Plans Need 10 know alllhe details? Then you've come to the "'Jht placel Here's wrlere you'll gel a slde-bY'Slde somr;onson 01 some of the major elements of the FRS Pension Plan and the FRS Inveslmenl Plan Tile folloWing pages provide only a general summary of the FRS Pension Plan and tile FRS Investment Pia II and theil' e/laraelenstles. II tllere are any differences between this summary and the statutes and rules that govern tile two pla"s. the statutes alld rufes will prevail Facts and circumstances specific to your personal SituatIOn should be carefully cOllsldered before you make your cllolce. Decision-Making Consideratiuns Which pl"n might be better for me', Beneficiaries Who's eligible to be my beneficiary? Bertefit Cillculatlun How IS my benefit determliled? Changing Plans What happens to my benefit if I switch to the other retirement plan option In the future? Contributions Who contributes to the plan, how often and how much? Cost-of-Living Adjustments Does my benefit qualify for a cost-of-living adjustment once payments begin? Disilbility What plan benefits do I receive if I become disabled? DROP What is the Deferred Retirement Option Program, and who's eligible to participate? Early Retirement What age and/or service requirements must I meet in order to retire early, and how is my benefit affected? Eligibility to Receive a Benefit Are there age and years-of-service requirements to receive my benefit? Health Insurance Subsidy (HIS) What is the Health Insurance Subsidy. and when am I able to receive it? Investment Risk Who's responsible for investing employer contributions, and who assumes the risk and rewards of making those decisions? Leilves of Absence How IS my creditable service affected If I take a leave of absence? Normal Retirement What age and/or service requirements must I meet in order to retire with my full benefit? Payment Options When I'm eligible to begin receiving benefits. what are my payment options? Portability Does my benefit keep growing when I leave my job? Purchase of Aclditiol1al R0tirement Can i buy back out-ol-state service In-state service, military serw;e or leave- Service Creclit of-absence tmle? Reemployment After Retirement What do I need to know about reemployment after rettrement? Survivor Benefits Are there benefits available to my spouse or other benefiCiary if I die before 01' after electing paym",n!? Taxilbi!ity of Benefit Is my benefit taxable when It IS paid to me, and. if so by how much? TYDe of Plan How does the Ir1err'81 Revenue Sef''Jlce Code dBfine each pian? Vesting How long do I need to 'Nark for an FRS em;oloyer to own mv benefll? / I { /1 J , .--;;. ..., 7'- f ... ,,- \.' l+ / /) / j t' ;-- -- Decision-Making Considerations These guidelines may help you understand the factors you need to consider before making a choice between the Pension Plan and the Investment Plan, Guidelines The Pension Plan might be better if The Investment Plan might be better if you,.. you... FRS Service . Have already earnej . Have thc;s far earned ;::, significant FRS serVice, such limited amount of FRS se~vlee as 20 or more years such as 1 C or fewer years' 0 Begin your FRS career :ater . Begin yeur FRS career in life young In life 0 Expect to stay long enough 0 Expect to take a non-FRS to retire from an FRS Job in the next 5 to 10 years employer 0 May not stay for the 6 years . Expect to spend most of needed to vest In the Pension your career with an FRS Plan employer Salary Growth . Receive most promotions . Receive most promotions and salary increases near the and salary increases near the end of your career beginning of your career Managing Your . Don't want to make . Prefer making investment Retirement investment decisions; and decisions and setting goals: or Benefit . Are uncomfortable receiving . Are comfortable receiving objective investment objective investment assistance assistance Investment Risk . Are uncomfortable with the 0 Are comfortable relying on risk that your retirement long-term investment returns to benefit could decrease forecast your retirement benefit because of poor financial . Are comfortable with short- markets term fluctuations in your . Are unwilling to experience retirement account n order to short-term fluctuations in the possibly earn higher long-term value of your account benefits Retirement 0 Prefer tna, YCJur beneft be . Prefer the to deCide Income Options ;:laid as lifetime he\-\! riilJSn of 'iou: retirement checks vVlth no U:-'lP-SU'- 3ccount :s taker: as a !~~;Illp-S;JT oobors 8r lifetime benefits . Are cOrf',f:''1ab!e'.\!itr, ~ Of . ,L:...re cDrrJortabie '/\i.t""i 2:n the 4 Ilfek-ne ar,l'Uitj pa\i"',er-It annul!V :::,aymert ( ; f OptIO'1S guaranteed b I T'e curchased) 1~~2ra'--i:eec ,~ PersloCi Pan rated Qi\2~e nS:.jra'1ce 2 . Expect to use the DROP company program to build a nest egg to . Prefer a customized benefit meet special or unanticipated payment schedule to meet your spending needs special retirement situation/needs Early-Retirement . Expect to retire in your early . Are willing to receive your Considerations 50s with full or reduced benefit as an annuity to avoid monthly benefits (the reduction tax penalties when drawing this is 5% per year for each year benefit before age 55; or can prior to normal retirement age live on other savings or income of age 62 for Regular Class until age 55 or don't expect to and age 55 for Special Risk) draw benefits until later in life . Prefer that your HIS benefit . Are comfortable deferring begins immediately upon your HIS until normal retirement retirement age Survivor . Prefer that your surviving . Prefer that your survivors Considerations beneficiaries receive lifetime have the flexibility to receive a monthly benefits guaranteed lump-sum benefit or lifetime by the FRS benefits guaranteed by a . Expect that only your private insurance company spouse or other dependents . Expect to name non-family need to be named as heirs beneficiaries Member . Want to purchase military or . Have no need to purchase Contributions other service credit such as military or other service credit out-of-state service or a leave to increase benefits (or have of absence to increase already made this purchase benefits under the Pension Plan) 3 Beneficiaries Your beneficiary :s the persor, or persor's ca~ oeslgnate 'Nho '.".liil re::eive ycur ~e~i"-e~;en~ benefit In the event of your death Under bo:r, ;jI2;"5 rleee to complete a benefic, a'! desigr,atlor form If ;IOU wish tc control Nr,o :Tiay "eee!/e any a,a':able retlremenl Deneflts You may change your beneficiary at any lime if jour cesignated beneficiary dies CJ mar,t3 status changes, ;IOU should submit a new beneflclal'y deslgnatlorl form FRS Pension Plan FRS Investment Plan You may name any person, organization. or I . You may name any person, trust, or your estate, or you may designate I organization, or trust. or your estate, or that benefits be paid according to state law I you may designate that benefits be paid (to your spouse, if living; if not living, to your according to state law (to your spouse. I living children; if no children survive, to your i if living; if not living to your living mother or father; if no living family members, I children; if no children survive, to your I to your estate), I mother or father, if no living family I members, to your estate). . If you're married, your spouse is I . If you name someone other than I considered to be your beneficiary for your spouse as your primary the Pension Plan unless you name a beneficiary, your spouse will need to different beneficiary after your most sign the beneficiary designation form recent marriage, acknowledging the designation. . If you're single, you can name . If you're married. your spouse is anyone as your beneficiary. considered to be your beneficiary for the Investment Plan unless you name a When you retire, you'll be asked to rename a different beneficiary after your most beneficiary and choose a retirement payment recent marriage. option. (See Payment Options for more information.) After you retire, you can change your beneficiary designation at any time If you elected Payment Option 1 or 2 If you choose Payment Option 3 or 4, ycu may change your Joint annuitant' only two times after you retire Note that YO~Jr benefit IS recalculatec when you change your Joint a'lnUI\2nt unde, Options 3 and 4 ''y'CiJr oin\ annUitant :s c:oisldered to 08 Y:Y-.J, s::,ouse, ycur iaturai cr legally adcpted c>-,'c \l/~O eithei is under age 25 or's physica or mental'y disaoled arC] I,!capable 0; sel'-suo;:;c:' (regardless of age). or any person who s flnan::,ally dependent up::w. you for o'le-half or rce. of h~s or her support and :s your parent, ,"C:;"Jr g~andDarent or a ~e!"s'Drl for l/ihofT1Y:u ere :r'e legal guardian 4 Benefit Calculation Your benefit calculation is how your retirement benefit IS determined under each plan FRS Pension Plan FRS Investment Plan Your first year benefit is based on a fix.ed Your benefit IS not based on a fixed formula formula and is determined by your age, years of service, the average of your highest 5 Your benefit is determined by your ending fiscal years of pay, your membership class account balance, which is: and the payment option you select at retirement. Your Initial Account Balance Plus Step 1: Years of Creditable Service Monthly Employer Contributions Multiplied by Percentage Value (Percentage Plus amount you receive for each year of Investment Earnings creditable service based on your membership Minus class. For example, Regular Class members Any Account Expenses receive 1.60% and Special Risk members receive 3% for each year of service.) Investment Earnings include the cumulative Step 2: Average Final Compensation (the change in the value of your account due to average of the highest 5 fiscal years of salary capital gains (price changes in your [July - June] you earn during your covered investments) and reinvested income earned employment). Your final year's salary may on the account. Your employer contributions include lump sum pay for up to 500 hours of will also include the contributions paid on terminal annual leave. your behalf for up to 500 hours of lump sum terminal annual leave pay. Step 3: Result of Step 1 X Step 2 = Option 1 Annual Benefit at Normal Retirement Age Important Note: Capital gains can be (divide by 12 to get the monthly benefit) positive or negative over any single period of time, but historical financial data indicates An example for Regular Class members: that losses are less frequent over longer If you have 13 years of service and your periods of time. Investment earnings may Average Final Compensation is $34,549 also fail to keep up with increases in the cost- Step 1: 13 X 1.60% = .208 of-living, particularly investments with lower Step 2 $34,549 short-term risk, like money market and bond funds. Step 3 .208 X $34.549 = $7,186 Annual Option 1 Retirement The investment fees you will pay are Benefit at Age 62 (or $598.83 calculated as a percent of your account per month) balance and are generally low compared to An example for Special Risk Class members those in other governmental or private plans However. even a 0.50% annual fee will eat Step 1. 13 X 3% = .390 up about 15% of your account balance over Step 2: 534,549 30 years. 5 ----~~-_."-------_.._-_._----~ Step 3 390 X $34.549 = Sn,..:74 Annual Option 1 Retirement 1','03 Important for you to know that, acccrolclg Benefit at Age 55 (or S 1 ,~122 83 to FlOrida :avv If you or a benefiCiary per month) exercises control over the asses in, your 3ccount, no program '1.'111 be ia':!'+? Option 2, 3 and 4 first year benefits are less 'for any loss to your account wr,lch cesuito, than Option 1 benefits because they may be from yeur or your beneficiary's 'n'/esw,s"t paid over a longer period of time and proJlos oeCISlons benefits for two lives, rather than one (Ie, If your spouse survives you, he or she Will You determine when and how to take the continue receiving benefits under Options 2 distribution of your account balar:ce when 3 or 4, although the payments under Option 2 you leave FRS employment Tax. Issues ale will stop after completion of the 10-year discussed In the Taxability of Benefit certain period). Benefit payments under all section four options provide a 3% cost of liVing each year following retirement. 6 Changing Plans You have a one-lime (once in your active FRS career) opportunity after your Choice period ends, or you make your plan election, if earlier, to switch from the Investment Plan to the Pension Plan, or from the Pension Plan to the Investment Plan Your 2nd Election Enrollment Form must be received by the Plan Choice Administrator, CitiStreet, while still earning service credit and before your date of termination FRS Pension Plan FRS Investment Plan If you want to move to the Investment Plan If you want to move to the Pension Plan after after selecting the Pension Plan, you have selecting the Investment Plan, you'll have to two options: "buy back" into the Pension Plan with the money in your Investment Plan account. If . You can leave your accumulated you transferred a present-value amount to Pension Plan benefit in place, frozen at the Investment Plan as your opening account the time you make this choice, and your balance, the calculation of your "buy-back" future employer contributions will go cost is a present-value calculation of benefits into your Investment Plan account. as if you had stayed in the Pension Plan for When you retire (provided you're all years through the effective date of the vested), you'll receive a Pension Plan change back to the Pension Plan. benefit and an Investment Plan benefit. You must have at least 5 years of If you did not transfer a present-value service in the Pension Plan to select amount, your "buy-back" cost will be the this option. actuarial accrued liability or total cost of your . Or, you can move the present value plan benefit. of your Pension Plan benefit into the Investment Plan. If you do this, the After your "buy-back" cost is calculated, the amount that you are moving into the payment process depends on whether your Investment Plan will be on the 6-year "buy-back" cost is less than the value of your vesting schedule. When you retire, Investment Plan account. you'll receive only an Investment Plan benefit. If you terminate employment . If the value of your Investment Plan prior to completing 6 years of service, account is more than the cost of buying you could forfeit the amount transferred back into the Pension Plan: from the Pension Plan, unless you do I c You'll still keep an not take any distribution from your I Investment Plan account, but the Investment Plan account and you return "buy-back" amount will be to FRS-covered employment within 5 deducted from your account and years and complete the necessary 6 transfered to the Pension Plan years of total service. Trust Fund. You will continue to manage the excess until your retirement from the Pension Plan, at which time, you may take a distribution from your Investment 7 ---- ~.~ , . ----~---------~------- Plan aCCOJr>' '{ou'!1 also panl:IIJale nv~ Pension P:ar and !:legln ac:::c:Jing a t,eneflt based on yaw tcta, ser'/Ice sala~y arid FRS membershlD c'ass . If the value of you, ir,'Jes[C-'ert P:ar: account IS less than the cost of !:lack. Into the Pension P,an you ca'" st:! get back In, but you vvill have '0 rraye up the difference Irmn your OM personal savings,L>..t that pOint, your Investment Plan participation Will end 8 Contri butions FRS employers make all contributions to the plans (with the exceptions noted below). The amount of these contributions will be the same for each plan FRS Pension Plan FRS Investment Plan Your employer makes contributions each Your employer makes contributions each month to the Pension Plan trust fund based month based on a percentage of your gross on a percent of your salary and your FRS salary and your FRS membership class. The membership class, according to the following contribution (blended rate) percentage paid table. by your employer is the same whether you participate in the Pension Plan or the Employment Class July 1, 2006 Investment Plan. These rates are shown Rate under the Pension Plan column. Regular 8.69% Special Risk 19.76% After your employer pays the contribution Special Risk 11.39% percentage shown under the Pension Plan Administrative Support column, an amount represented by the contribution rates shown below will be made Elected Officers: to your Investment Plan account. The Legislators 13.32% difference between the rates for the Pension Governor, Lt. Governor, 13.32% Plan and the Investment Plan will be paid Cabinet Officers from the over $9 billion surplus currently in State Attorney, Public 13.32% the Pension Plan. Defenders Employment Class Contribution Justices, Judges 18.40% Rate in effect County Elected Officers 15.37% since Senior Management 11.96% July 1, 2002 Service Regular 9.0% DROP participants 9.80% Special Risk 20.0% Special Risk 11.35% Administrative Support It's important to note that the employer's Elected Officers: contribution rate does not affect your retirement benefit. Your retirement benefit IS Legislators 13.40% set by a formula that does not include the Governor, Lt. Governor, 13.40% contribution rate paid by your employer; Also, Cabinet Officers these contribution rates are lower than the State Attorney, Public 13.40% long-term cost of funding your benefit Defenders because of stronger-than-expected Justices, Judges 18.90% Investment gains in the late 1990s. County Elected Officers 16.20% Employee contributions aren't required or Senior Management 10.95% allowed. except to purchase certain types of Service 9 --~-~.._--- -_.~--~--- -- additional serVice Employee contributions were previously required if you were an emplojee of a state agency, district schoo These contributions QO ir',~'J ycur FRS Cloard or community college prior to Jarluary Investr'lent P',an account These c:y,',nbutlor, 1, -,975 or If you were an employee of a rates do affect your ::,eneflt as H'ley are the county government, City, or speCial dlstr!ct prllTlary furldlng for Y:Jur account ba:ance, pnor to October 1. 1975 Th,ese employee ;:;artlcularly earlier In you: career l1',e lor,,]er contributions have been deposited In the FRS you're In the Investment Pian the mor::: trust fund. along with any contributions you Important Investment earnings b:::come may have paid for a leave of absence or relative to contnb'Jtlons other type of service for which you ma'! have paid contributions. Employee contributions are not permitted All these contributions go into a single trust Contribution rates are fixed by law and can fund to pay benefits for all FRS Pension Plan be changed by a future act of the Legislature participants. Your employer also contributes additional Contribution percentage amounts are subject amounts each month to fund the Health to change each year based on legislative law Insurance Subsidy benefit (1.11 %). the changes, investment experience and the Investment Plan disability program actuarial experience of the trust fund. (contribution varies depending on However, the rise and fall of the contribution membership class from 0.25% to 133%). percentages does not affect your accrued and plan administration and educational retirement benefit, which is guaranteed by expenses (0.05%). law. Your employer also contributes additional amounts each month to fund the Health Insurance Subsidy benefit (1.11 %) and plan education expenses (0.05%). 10 Cost-of-Living Adjustments Cost-of-Ilvmg adjustments are intended to help your retirement benefit payments keep pace with the rise In cost of goods and services over time. FRS Pension Plan FRS Investment Plan . Each July 1 after retirement, you will . You may purchase one of several receive a fixed 3% cost-of-living fixed annuities that offer an annual 3% increase on your June 30 monthly cost-of-living increase payout feature at benefit amount (excluding the Health any time after retiring. You can use Insurance Subsidy). Regardless of some or all of your account balance to whether inflation is greater or less than buy these annuities, which are 3%, your benefit will still be adjusted by guaranteed by a highly rated private- 3%. sector insurance company (The . If you have been retired for less than Hartford Insurance Company). These twelve months, your initial cost of living annuities can provide guaranteed is prorated. payments for life, payments over certain periods or have joint and survivor benefits. You can choose monthly or other payment periods. Under these payout options. if inflation is greater or less than 3%, your benefit will still be adjusted by 3%. . You may also choose to invest in the U.S. Treasury Inflation-Protected Securities (TIPS) Index Fund, which pays a rate of interest that is adjusted to keep up with the actual rate of inflation. A variable annuity will be available that uses this Index Fund to provide guaranteed benefit payments for life or other periods. However, your future benefit payments could be affected by market risk in this fund or a variable annuity that could cause benefits to grow faster or slower than inflation. Other variable annuity options may similarly be used to create a guaranteed distribution plan with payments that generally climb over time to offset the effects of Inflation. . If you elect a lump-sum distribution or you choose not to purchase an annuity that offers a cost-of-living Increase, you will not receive an 11 automatic annual cost-ot-l\':ng increase \!Vhether your tler:eflts keep JpNI:rl :ntlatlon will depe'ld iy, :ne performance ot yOiA Investrrsnl fur,JS 12 Disability Should you become totally and permanently disabled, you may be eligible to receive disability retirement benefits. The FRS actuary reports that about 4% of all FRS members (and 7% of Special Risk Class) will separate from employment due to disability. FRS Pension Plan FRS Investment Plan There are two types of disability retirement Investment Plan disability provisions are the benefits - in-Iine-of-duty and regular same as those in the Pension Plan. If you disability. To qualify for either kind of want to and are eligible to retire because of a benefit, you must be totally and permanently disability, your retirement plan membership disabled and unable to work. will be transferred to the Pension Plan. You will receive benefits under the provisions of In-Line-of-Duty Disability that Plan. Your Investment Plan account These benefits are payable if you become balance will be transferred to the Pension totally and permanently disabled due to an Plan Trust Fund to help fund your disability illness or injury that occurs as a result of the benefit. performance of duties required by your employer. You're eligible for these benefits If you recover from your disability, you will be from your first date of employment in a returned to the Investment Plan and any regularly established position. About 1 % of funds available in your previous Investment FRS annuitants currently receive these Plan account balance minus the benefits disability payments. received will be transferred as your opening account balance in the Investment Plan. Your minimum in-line-of-duty disability benefit will be 42% of your Average Final Compensation under Payment Option 1 (or 65% if you're in the Special Risk Class). Your benefit will be based on your actual years of creditable service multiplied by your percentage value for regular retirement benefits if it is higher than the 42% or 65% minimum. Regular Disability Regular disability retirement benefits are payable for an illness or injury from natural causes or an accident not related to your employment. You must have 8 years of creditable service to be eligible for regular disability retirement benefits. About 4% of FRS annuitants currently receive these disability payments Your minimum regular disability benefit will be 13 ---------- ---~~ --~---~--------~- 25% of your Average Final Compensation under Payment Option 1 Your benefltoNlll De based on your actual years of credltabe service multiplied by your percerltage ,/alue for regular retirement oenef:ts If It 'S than the 25% mnlmunn 14 DROP The Deferred Retirement Option Program IS available when you are vested and have reached your normal retirement date. It allows you to retire while continuing to be employed by an FRS employer for up to 60 months (96 months under certain circumstances if employed as "instructional personnel" for the Florida School for the Deaf and the Blmd or a grades K-12 school). You must elect DROP participation within (12) twelve months after you reach your normal retirement date, unless you are employed as "instructional personnel." FRS Pension Plan FRS Investment Plan You're eligible for DROP participation. You're not eligible for DROP participation as an Investment Plan member, but Pension You're eligible to participate as of your normal Plan members are eligible to roll their DROP retirement date - the earliest date at which lump sum into the Investment Plan as one of you are eligible for full, unreduced benefits the distribution methods under the Pension based upon your age and service. In most Plan. cases, you reach your normal retirement date when you're vested and reach age 62, or when you complete 30 years of service, regardless of your age. Special Risk members must be vested and reach age 55 or have 25 years of service to participate in DROP. Once you start participating in this program, your monthly DROP benefit is placed in your DROP account where it earns interest compounded monthly at an effective annual rate of 6.5%. These benefits are increased by a 3% cost-of-Iiving adjustment each July 1. When your DROP participation ends, you receive two retirement benefits - one from the FRS Pension Plan paid as a lifetime monthly benefit payment and one from DROP. The DROP benefit is paid as a lump sum, a rollover to another qualified plan, or a combination partial lump-sum payment and rollover. Effective July 1,2005, you are eligible to roll your DROP lump sum into the FRS Investment Plan as one of your rollover options to keep your money growing In the FRS. 15 Early Retirement Depending upon which plan you chDose. your Dene!!t may be subject to early-retlrer"ent reouctions FRS Pension Plan FRS Investment Plan I If you leave before reaching normal " There are no early retlremerlt reductions You retirement (age 62 with 6 years of service or i will have access to the full value of vour 30 years of service regardless of age, or age I vested account balance when you ,eave FRS 55 with 6 years of service, or 25 years of employment. regardless of your age when service regardless of age for Special Risk you leave class members) and elect to begin receiving your vested benefit, it will be subject to an You should consult with one of the planners early-retirement reduction. Your benefit will at the MyFRS Financial Guidance Ime or a be reduced 5% for each year your age at tax specialist to get an explanation of the tax retirement is under your normal retirement implications of early retirement relevant to age. For example, if you're a Regular Class your personal situation (see the Taxabi lity of member and want to retire early at age 57 Benefit section). with 20 years of service (5 years before age 62) and start receiving your benefit. your first year benefit will be reduced 25% (5 years x 5% = 25%). In some circumstances taking an early, but reduced. retirement benefit may be better than deferring payout to normal retirement age because you draw more years of benefits, get more years of the 3% annual cost-of-living adjustment and are immediately eligible to receive the Health Insurance Subsidy payment. However, your benefits will generally be lower than if you were to stay working until normal retirement eligibility 16 Health Insurance Subsidy (HIS) HIS is an additional benefit under both plans that can help you pay for a portion of the cost of your health insurance premiums after you retire. Your HIS amount is based on your length of service with FRS-covered employers FRS Pension Plan FRS Investment Plan You'll receive a HIS benefit in addition to your HIS is available only after you attain six years Pension Plan benefit, regardless of whether of FRS service credit and you reach normal you take a normal or an early-retirement retirement eligibility. The six years can be a benefit, provided you have proper combination of Pension Plan and Investment documentation certifying that you have health Plan service. To be eligible to receive the HIS insurance coverage. under the Investment Plan, you must meet the normal retirement age or service The HIS subsidy, which is paid monthly, is $5 requirements under the Pension Plan for your for each year of creditable service, with a class of membership and provide proper minimum HIS of $30 and a maximum HIS of documentation certifying that you have health $150 per month. The payment will be made insurance coverage. as part of your monthly retirement benefit check. For example, a Regular Class member must be either age 62 and be vested or have a total of 30 years of service, and a Special Risk member must be either age 55 and be vested or have a total of 25 years of service. If you leave FRS-covered employment and take a benefit distribution prior to your normal retirement age or date, you must wait until you reach normal retirement age to begin receiving your HIS benefit. If you elect the Hybrid Option, you will receive your HIS payment once you begin receiving your Pension Plan benefit. Unlike under the 100% Investment Plan option, the HIS payment is available immediately, even if you have not reached normal retirement. The HIS subsidy, which is paid monthly, is 55 for each year of creditable service, with a I minimum HIS of $30 and a maximum HIS of $150 per month. 18 Investment Risk VVrlile both plans rely on Investments to ~)rovlde enaugrl lTuley tc pcy futLCre oer:",flts tr,e responsibility for who makes Investmerlt deC!slorls --- and assumes '~Ie ,"Isr. arid re:;ards ,/ those ceCISlons - IS very different FRS Pension Plan FRS Investment Plan The State Board of Administration (SBA) I I You assume the risk and rewards of jour . manages the Pension Plan trust fund jlnvestment deCisions Investment results will investments for all Pension Plan members" affect your retirement benefit The SBA's fund managers make all of the I I investment decisions on behalf of the trust I . The SBA has selected a diversified i set of investment funds that are Any investment gains or losses are borne by I designed to provide the highest return \ the trust fund, and they do not affect your at low cost. You choose how your accrued retirement benefit. Your benefit employer's contributions are allocated under the Pension Plan is fixed by a formula among these investment funds. that considers your age, FRS membership . The value of your account is not fixed class, service and salary - and not and depends on the performance of investment performance. your investments. You assume any investment risk - and profit from any rewards from high-performing investments. . Because the investment funds offer different levels of risk and potential return, you can choose the level of risk with which you're comfortable. 19 Leaves of Absence If you take an approved leave of absence, your creditable service Illay be affected, FRS Pension Plan FRS Investment Plan You will not receive retirement service credit You will not receive retirement selVlce credit for any period you are out on an approved for any period you are out on a leave of leave of absence without pay absence, unless the leave of absence is specifically covered under federal or state You may, however, elect to purchase law, such as a military leave of 3bsence creditable service for up to two work years of covered under the federal Uniformed authorized leaves of absence. You can do Services Employment and Reemployment this provided you have completed a minimum Act. of 6 years of creditable service (excluding periods of leave of absence), and you return You may not purchase creditable service to active employment with an FRS employer under the Investment Plan. If you have immediately upon termination of your leave of additional service credit you wish to use absence and remain on your employer's towards your retirement, you must purchase payroll for at least one calendar month. such service under the Pension Plan before you become a member of the Investment Your cost for purchasing this service will be at Plan. the employer contribution rate in effect immediately prior to your leave multiplied by your monthly rate of compensation in effect immediately prior to taking your leave plus 6.5% annual interest from the effective date of the leave until full payment is made. Persons on a leave of absence during their initial Choice periods will have 5 months upon their return to employment to choose which plan they wish to join. 20 Normal Retirement To receive your full retirement benef,t under the FRS Penslorl Plan you mJst meet t:te req,.Jlce::: age or ser,jlce requirements FRS Pension Plan FRS Investment Plan t'-Jormal retirement IS considered to be age 62 Provided you are vested, there are no age or with 6 years of service or 30 years of serJlce, service requirements that must be 'liet f=,r regardless of age. you to receive a benefit under the investment Plan For Special Risk members, normal retirement IS considered to be age 55 with 6 years of You're entitled to receive the full value of service or 25 years of service, regardless of your vested account balance when you leave age FRS employment after meeting the distribution requirements of the plan, You will receive the full value of your regardless of your age or years of service at retirement benefit once you've reached that time. normal retirement eligibility. Keep in mind that the Pension Plan's If you elect to begin receiving your vested definition of normal retirement (see benefit prior to reaching normal retirement, it explanation under "FRS Pension Plan") does will be subject to early retirement reductions. apply to eligibility for the Health Insurance Subsidy (HIS). If you leave FRS employment prior to eligibility for normal retirement, you won't be eligible to receive the HIS until you reach the age requirement for normal retirement (age 62, with at least 6 years of i service and age 55 with at least 6 years of service if you're a Special Risk member). You . should also keep in mind the possible tax I consequences of taking cash payments fro'" 'your accou'lt prior to normal retlre:1lent (see I Taxability of Benefit sectio~1 I 21 Payment Options When you become eligible to receive your retirement benefit, you can choose from several payment options available to you FRS Pension Plan FRS Investment Plan There are four payment oplions: When you leave FRS employment, you can choose to keep your benefit invested In the . Option 1 is a single life annuity plan until age 70 1/2 - when mandatory option, which provides a monthly benefit distributions must begin, unless you are still to you for your lifetime. When you die, working- or have it distributed in one of the the monthly benefit will stop and your following ways: beneficiary will receive only a refund of the contributions you paid, if any, that . Lump-sum direct rollover exceed the amount you received in distribution to another qualified plan or benefits. to an IRA. . Option 2 provides a reduced . Periodic distributions as monthly benefit payment to you for your authorized by the State Board of lifetime. If you die after 10 years of Administration. retirement, no benefits are payable to . A fixed annuity you can purchase, your beneficiary. However. if you die which would guarantee you payments within 10 years (120 months) after you for your lifetime and, if desired, provide retire, your beneficiary will receive a for a 3% annual cost-of-living monthly benefit payment in the same adjustment. These annuities can also amount you were receiving for the be structured with the Option 2, 3 or 4 balance of the 120-month period from features available in the Pension Plan. when you started receiving benefits. You can choose monthly or other After that time, no further benefits are payment periods. payable. . Variable annuities that provide a . Option 3 provides a reduced guarantee that you will not outlive your monthly benefit payment to you for your money, but allow you to continue to lifetime Upon your death, your joint participate in investment returns. annuitant' will receive a lifetime monthly . Deferred annuities that allow you benefit payment in the same amount as to make an initial premium payment you were receiving. No further benefits during retirement, but defer collecting are payable after both you and your regular guaranteed payments untjllater joint annuitant die. in life (e.g., age 70). . Option 4 proVides an adjusted . Lump-sum cash distributions monthly benefit payment to you while I payable to you (see Taxability of I both you and your joint annuitant< are I Benefit section) living. Upon the death of either you or . Any combination of a partial your joint annuitant. the monthly benefit lump-sum payment and a partial payment to the survivor IS reduced to annuity or rollover. two-thirds of the monthly benefit you I were receiving when you both were ! 22 ---_._.~_..,._.~- -------_.._--~._.-._-_..-'-- . Both Option 3 and Option 4 provide that upon the death of the member. a JOint annuitant who IS unde" age 25 will receive the amOU'lt :Jf t~le Option 1 benefit until age 25, at when lime the benefit terminates A dlsableo JOint annuitant will continue to recel\!e the benefit for the duratl:Jn of the disability. Each of the payment options above includes a 3% annual cost-of-living adjustment payable each July 1. * Your joint annuitant is considered to be your spouse, your natural or legally adopted child who is either under age 25 or is physically or mentally disabled and incapable of self-support (regardless of age), or any person who is financially dependent upon you for one-half or more of his or her support, and is your parent. your grandparent, or a person for whom you are the legal guardian. 23 Portability Depending upon which plan you choose and whether you remain with an FRS employer, your benefit mayor may not grow between the time you leave the FR.S and begin taking benefit payments FRS Pension Plan FRS Investment Plan . If you terminate employment With If you leave employment with your FRS your FRS employer and begin working employer and begin working for another FRS for another FRS employer, you'll employer, you'll continue to participate in the continue to participate in the Pension Investment Plan. You will continue to receive Plan and accrue a benefit. Your contributions to your account and receive any combined service with all FRS investment earnings on your account employers will count in calculating your balance. final retirement benefit. . If you're vested when you leave FRS- If you're vested when you leave FRS-covered covered employment and go to work for employment and go to work for a non-FRS a non-FRS employer, your benefit will employer, you can: be frozen and remain in the Pension Plan until you're eligible for early or . Leave your account in the normal retirement. Investment Plan, where it will remain invested until you withdraw it: Your benefit will remain frozen and . Roll your account over to an won't increase in value until you start Individual Retirement Account (IRA) or receiving your benefit payments. to the plan of your new employer, if that However, if you begin working for an plan accepts rollovers; or FRS employer again, your previous . Have your account paid to you. You'll service credit will count toward vesting have to pay taxes on this amount in the and future benefits for which you may year during which it's paid to you. See become eligible. the Taxability of Benefit section for more information. If you're not vested when you leave FRS- covered employment, you won't receive any If you're not vested when you leave FRS- benefit from the Pension Plan. Any employer covered employment, you won't I-eceive any contributions made on your behalf will be benefit from the Investment Plan Any forfeited, unless you return to work for an employer contributions made on your behalf FRS employer at some time in the future and will be placed in a suspense account for 5 become vested. years and will accrue interest earnings If you return to FRS-covered employment within 5 years, you v,ill regain control of the funds in the suspense account and again begin to accrue a benefit in your Investment Plan account. If you do not return to FRS employment prior to the end of the 5-year 24 ~~_.- ----~-- -,..._--~----~~---_._..-_._-------_._---_._-- , /C;1j a:cOLrlt'l/:11 be forleited yOe: transfer Penslor Pia:; ac::;rlcec benefl:s I to the Investment Plan and va...; '8rTlinate I . ! emoloY'flertClefore cOnlClietlrlg 'j-,e PelslCin P',an 'Jesting requ,remenL the amount :Iou transien;d will be placed 2 slJs~,ense a:count for 5 years, where It 3 (>=:r\..,;8 Interest earnings If you ::Jo r,e' 'sturn t:J FRS employment within flJe years, U-,IS amculit Will be fOlielted 25 Purchase of Additional Retirement Service Credit Depending on your plan, you may be able to "buy" additional retirement service credit for certain kinds of service you've had with employers outside the FRS FRS Pension Plan FRS Investment Plan I If you wish to increase your Pension Plan You cannot purchase additional service credit benefit, you can purchase credit for the under the Investment Plan unless the service following types of service: is mandated by federal law, such as a military leave of absence. . Past service . Certain military service (up to four If you elect the Investment Plan and choose years) to transfer the present value of your FRS . Approved leaves of absence without Pension Plan benefit into the Investment pay (up to two years) Plan, you must purchase additional service in . Out-of-state public service (including the Pension Plan prior to the transfer. federal and military service) . Non-FRS public service and non- public service in certain schools or colleges in Florida (up to five years total, including both in-state and out-of- state service) . Credit for periods of disability, in some cases The cost for the additional service depends on the kind of service credit you wish to purchase. As an example, for each year of in-state or out-of-state public service purchased, you must pay 20% of the salary you earned for the first full work year as a member of the FRS or 20% of $12,000, whichever is greater, plus interest at 6.5% compounded annually from your first year of membership in the FRS. 26 Reemployment After Retirement After you retire unoer the FRS. yOL: san wcm: for ailY en-'ooyec an\.' emp;(Jy~r- not participating II-I ,rle FRS. or for any empio;,ern ar!other slate Without affedng j::;:..;r FRS benefits If you are reelT,ployeo In any capacity (FRS-covered rJC ~lor:-CO\ieled) Ir, yc,lj 'I'St year (12 montrls) of retirement by an employer participating in the FRS, Ir,e k'IOi:i:!9 limitations and exceptions apply FRS Pension Plan FRS Investment Plan . You must terminate employment (be rAn Investment Plan member is conslcJered off payroll with all FRS employers for 1 . retired once ne/she terminates FRS-covered calendar month) to retire from the I employment and requests a distribution from Pension Plan, If you return to work for I h,,/hec ,ccouct. A disldbuUon m'Y col be an FRS participating employer during issued until the Investment Plan member has the first calendar month of your been terminated for 3 calendar months retirement, you will void your retirement (except that an Investment Plan member who and your FRS membership will be has met the normal retirement requirements reestablished. All retirement benefits of the Pension Plan may receive up to 10% must be repaid and you must reapply of their account balance after 1 month). So, If for retirement, establishing a later an Investment Plan member is reemployed effective date of retirement. with an FRS employer prior to receiving a . If you are employed by an FRS- distribution of his/her benefits, he or she will participating employer during the first not be considered to have retired. Investment month after ending your participation in Plan retirees may not be reemployed with an DROP, both your retirement and DROP FRS-participating employer for the first 12 participation will be voided_ All benefits months after a distribution has been received. including the DROP requested and issued without suspending (do accumulation, must be repaid. An not take additional distributions) their exception applies in the case of elected retirement benefits, except under limited officers in DROP as described below circumstances as described below . For 12 months after your effective date of retirement, you cannot earr . If you retire under the Investment salary from any participating FRS Plan and meet the normal retirement employer while drawing retirement cequlrements of the FRS PenSion PIa: benefits from the system If you work tor (Ie. age 62 and 6 years of service or a participating employer OUrlfl,g the 2r,j years of service or If SpeCial R'sk age through 12th months after your effect::e 55 a'-,o 6 )ears of Specal R1SV: S9Cv'CCC retlremer,t date. you must inform l[l,e c.'r 2S '/ears '"J'; RiS- s",r/lce DIViSion of Retirement E>:ceDt as nc,ted :'C)U ~'ia')1 ret'J'-r"" ~=, '-.'\'ork 'r: ,:e(',2i belovl/, for an'y' mO;lths '~/=L .,"iorkjur:~:; e:r:.:er:ted !I~:'~-)S as ':'e.sc:r,'~'e~ ~Ie this l!mltat!or: Derl:::,o. yO'.J !vlll for'elt ',I-e c:ur!'y] the 2(1c1 ~h~-C,I...;';j1' t;,s -' =,:\--1 r:!;jht to recei'v'8 benef:ts the DI'v'ISlc)r, =/ af~er re:lren-',8'-',1_ '.~./lt~,OL.~ s'_;s;=.er'CJi"';J R.etirerrent \,vii: s:Jsper1c JOUr ::8'lef!7,s :;enefts 'JU '-':-'3\' "el:~:n . s II:ll!~e:: and J/ou must reoay any such cene'"s en',~' af1.ei 'c.e;r<J :,:f a :::RS- !naporoPliately recel'.Je,j for any rll:JI-';~' cD',,:ered 8.ay"":;":s for a~ S2S: 1 :::a18'i=::.? 27 in which you are employed) After the month. first 12 months of retirement, there are . If you retire under the Investment no further reemployment limitations Plan and do not meet the normal . If you are in DROP, you will be retirement requirements of the FRS subject to reemployment limitations Pension Plan as described above, you described above as soon as your period may not return to FRS-covered of DROP partiCipation ends employment In an excepted position until you have been retired for 3 calendar months. After being retired for Exceptions to the Reemployment Law 3 calendar months you may return to If you relire from the Pension Plan and employment in one of the excepted become reemployed in any of the following I positions during the rernaining 9 positions during your first year of retirement, months after retirement without you may be exempt from the reemployment suspending your retirement benefits, or limitations, or you may be otherwise eligible you may return to work in any position if for a limited exception, as follows: you suspend your retirement benefits for the remainder of the nine-months. . A member who retires or ends DROP participation and is serving in an elective office or is elected, reelected, Exceptions to the Reemployment Law or appointed to an elective office is If you retire from the Investment Plan and exempt from reemployment limitations become reemployed in any of the following during the 2nd through 12th months positions during your first year of retirement, after termination. you may be exempt from the reemployment . A retired justice or judge on limitations, or you may be otherwise eligible temporary assignment to active judicial for a limited exception, as follows: service pursuant to Article V of the State Constitution is exempt from the . A member who retires and is serving reemployment limitations after being in an elective office or is elected, retired for 1 calendar month. reelected, or appointed to an elective office is exempt from reemployment limitations during the first year of After being retired for 1 calendar month, you retirement. may be reemployed in certain positions . A retired justice or judge on without further limitation during the 2nd temporary assignment to active judicial through 12th months after retirement or service pursuant to Article V of the DROP termination. The excepted positions State Constitution is exempt from the are: reemployment limitations . Florida District School Boards - . Florida District Schools Boards - After meeting the above requirements, After meeting the above requirements, Investment Plan retirees may be Pension Plan retirees may be reemployed without hourly limitations reemployed without limitation as as classroom teachers on an annual classroom teachers on an annual contractual basIs. Additionally. contractual basIS. Addilionally, noncontractual employment IS allm',led noncontractual employment is allowed without further limitation for Investment without further limitation for Pension Plan retirees who are hired as hourly or 28 ------~ --~~---- ----~--._~----~---------_.__._- ..---------- Pian 'etlrees VJho are nlred as substitute teacners eC1.JC2[ior! substitute IX hourly teachers, educatl']:': para;:>rofesslor,als, T.ranspcnat:on a'des oaraprofesslonals, transportatlo'l 310e'O, bL.s dri'./ers 0: f.:J'=ld ser'.'I~e .,.~,..orf<_e"s :JUS drivers, or food serJlce worke-os . Fior'lca .Scno0is fo: t'l>:; De?; a :'--'I-=- . Florida Sernol for the Deaf ariD "c,e Bllr'c -- investnreit Plarc,st,rees 3f'.::1 81md - Pension Plan retirees aft(::r the abc;ve ~.eqiJlri?ii;e rneetlrlg the aboJe requirements "iay De on an an'id,:: !)e reemployed on an arYluai corltrac:tuai basIs as :=lass:'C-::;'T; contractual basIs as classroom teachers teacrler~ or as SL;c-stltutE;:Jf or as substitute or hourly teachers on a teachers or, a norlcontractGal basIs noncontractual basIs. without Ilmrtatlor without nourly limitations j:.,llowable Allowable noncontractual employment noncontractual employment exceptions exceptions also include substitute also mclude substitute residential residential Instructors and substitute Instructors and substitute nurses, nurses, . Charter Schools - Investment Plan . Charter Schools - Pension Plan retirees after meeting the above retirees after meeting the above requirements may be reemployed as requirements may be reemployed as classroom teachers on an annual classroom teachers on an annual contractual basis or as substitute or contractual basis or as substitute or hourly teachers on a noncontractual hourly teachers on a noncontractual basis, without hourly limitations. basis, without limitation. . Developmental Research Schools - . Developmental Research Schools - Investment Plan retirees after meeting Pension Plan retirees after meeting the the above requirements may be above requirements may be reemployed on an annual contractual reemployed on an annual contractual basis as classroom teachers or as basis as classroom teachers or as substitute or hourly teachers on a substitute or hourly teachers on a noncontractual basis, Without limitation noncontractual basis, without limitation. . Community Colleges - Investment Plan retirees after meeting the above requirements may be reemployed as After being retired for 1 calendar month, you oart-lime, noncontractual adjunct may be reemployed in certain positions for up Instructors or phased retirement to 780 hours dUring the 2nd througn 12th program partiCipants for uo to 780 months after your effective retirement date or hours during the first yeal-:)f rstirement DROP termination. The pOSitions eligible for a as described above limited exception to the reemployment . Universities ~- Invest'T',ent Pian limitations are '-etirees after :neet!:ig the aoc\/e "-equ;;r~;:~!erts n-:ay be reerrp<:. as . Community Colleges - PenSion Pan I facu:ty:::r phasej ret:~er::e~~:t retirees after -neetl,ng the abD'.'8 JriJgran"'l particiDan:s \~'/i:': ~~H:: Sta:e requirements may be reer:1Dlo:,e::: 2.S Un:\/ersl:)' S'yster: L): rs paG-tlme, nonoontractual ad,iJ'!c: ju~.ir';; t'ne '::i!~5,t :'ea~ c.f :-'st-~;""'-sr:' as trlst,uctors or pr-,ased ret!rerreri des.:ribed 8:J0./-:: ~rcgram ;=artlcipants for ~i2' :e, 7,3C r,c";~jrs . = 'eflgnters Parar--e'clcs during t"le 2nd tnrough '2th mo'!t-iS Investment P'a', '.etlrees af's reLr-emer'!t ~he 3~'o\-'e re:JUT~n;er,ts '~~12 ::>3 29 . Universities - Pension Plan retirees reemployed as firefighters or after meeting the above requirements paramedics serving In temporary or may be reemployed as adjunct faculty regularly established positions for !d.QJQ or phased retirement program 780 hours during the first year of participants with the State University retirement as described above System for up to 780 hours during the 2nd through 12th months of retirement. . Firefighters or Paramedics - Any affected reemployed retiree who is not Pension Plan retirees after meeting the eligible for an exception or who exceeds his above requirements may be or her 780-hour limitation should notify the reemployed as firefighters or Investment Plan Administrator. paramedics serving in temporary or regularly established positions for up to 780 hours during the 2nd through 12th months of retirement. Any affected reemployed retiree who is not eligible for an exception or who exceeds his or her 780-hour limitation should notify the Division of Retirement. 30 Su rvivor Benefits If you die. survivor benefits al!ow your s>=.;ouse "rld/o! IJther designated beneficiaries '0, reC':O'J8 ail or part of your;':Osted ret!I'ement ber,eflt The FR,S actuary, repors that ab:Jut c;jh :.-i a FRS members (ane.: 10% of Specal Risk CIa,,;s; //111 separate from empleymert rji.:e 'c;jectn FRS Pension Plan FRS Investment Plan Before You Retire Before You've Elected Distribution . If you are actively employed and die . If you die at any time after beCOming In the line of duty, your spouse (if you're vested but before you've relired and married) will receive a monthly benefit elected payment, your benefiCiary IS equal to one-half of your last monthly entitled to receive the full value of your salary, payable for his or her lifetime, vested Investment Plan account Your spouse will receive this benefit, balance If your spouse is your regardless of your length of service, beneficiary, your spouse may defer even if you named someone else as receipt or receive your account balance your beneficiary. If your spouse under any of the options available to subsequently dies, the benefit will you as a member of the Investment continue to your children until the Plan (See Payment Options for more youngest child reaches age 18 or is information). If your beneficiary is not married, if earlier. If you have no your spouse, your beneficiary must spouse and die in the line of duty, your decide within one year how to take a benefit will be paid to any dependent distribution from your account. The children until the youngest child reaches account must be paid out within 5 age 18. Less than 1 % of FRS years, unless your beneficiary takes a annuitants currently receive these death distribution over their lifetime (annuity:, benefits. There are no separate death benefits If . If you are actively employed and die you die in the line of duty as prOVided outside the line of duty, but before you the Pension Pia'" retire, your named beneficiary who does not qualify as a joint annuitant may receive a refund of only your perso'lal After You've Elected Distribution contributions made prior to 1975. If ary (no monthly benefit WOUld be payab,e . Ii you e!e::;ted an annu'ty with a r,' If your benefiCiary qualifies as a t and -survivor option, ther- y8<...H annUitant, ne or she may choose one annuitant v,/ill::lr';tinue to recei'/2 the the follov:lng Doctior of ,vou' cer,ef.t fCor t";:, A ~efljnd 8f your per-SOfia: rema''lcJer of r::s o~ her :,ie:iir:? :='>'Jr:t;IDutions, if ar',' . eie::eC a :..;r-:l::.-5ur;-' p2'yn~,~T~ ;" lifetime benS7'+ "I:J 8jo:tlona: s....!...",,'!,/C); =Ja\'n~:er~s a;"s ca!cuiated as if y.'D!J ~,ad .-etlre.j a,a' able '/8ur date Df death and crloser: . :;.J,:,I~ electsj tc taf<e :::,2,::13 Payment Option 3 I see the Cts:ncut!ons ;rCrT ~;C:0'" a:ccunt. /8'_.;' Payme:lt Optlorls sec;"or ~h'5 ~ er, e;ICI a ",'Ii be entitled :D :9:eiv8 t'"' '::' 31 benefit would be reduced for early I remaining account balance. retirement If you died before reaching your normal retirement age, If your jOint annuitant (wno IS not your spouse) is under age 25 or is disabled and incapable of self-support, your benefit will be paid under Payment Option 1. Your beneficiary will receive this benefit until he or she reaches age 25, or until no longer disabled. () A deferred Payment Option 3 benefit. If deferred, the benefit will be calculated using the ages you and your joint annuitant would have attained when the benefit starts. A deferred benefit is greater than an immediate early- retirement benefit because there is less reduction for early retirement. 0 About 4% of FRS annuitants currently receive these death benefits. . If you die less than one year from becoming vested, your joint annuitant may be eligible to purchase enough service credit to vest you and receive monthly benefits. This service credit is based on your accumulated leave balances and/or any in-state or out-of- state service you were eligible to purchase After You Retire . If you elected Payment Option 1, your benefit will end as of the date of your death and no further payments will be made, . If you elected Payment Option 2 and die after 10 years of retirement. no benefits are payable to your beneficiary If you die within 10 years (120 months) after you retire, your bereficiar; will 32 receive the same monthly benefit payment you were recel/ln':] fcr ',he ::Jalance CJf the 120-mor,tr, period, at ilhlCh OOlnt benefits Will c;r:lj . I' you elected PaY:lwrt OptiC< ,', :lour JOint arlnultant/'lhG IS :lGur spouse or a:lY person who IS age 25 cr cider and not olsabled arid Incapable 8: selL support Will receive a Ilfetlcyle monthly benefit payment In the same amount :E :Iou were receiving for the remainder his/her lifetime If your Joint annuitant (excluding your spouse) is under age 25, he or she will receive your Option 1 benefit amount until he or she reaches age 25, unless disabled and incapable of self-support. In instances of disability. regardless of age, he or she will receive your Option 1 benefit amount until he or she is no longer disabled. . If you elected Payment Option 4, upon the death of either you or your joint annuitant, the monthly benefit payment to the survivor is reduced to two-thirds of the monthly benefit amount you were receiving while both of you were living. If your joint annuitant is under age 25 or is disabled. refer to "If you elected Payment Option 3" above 33 Taxability of Benefit FRS Pension Plan FRS Investment Plan The amount of federal income tax you owe I . If you choose a lump-sum will be determined by the tax laws in effect in payment and have it paid directly the year in which you receive benefit to you it is taxable in the year it is payment. The amount of the tax will depend distributed to you, unless you roll it over on a number of factors, including your filing to a new plan or IRA within 60 do;ys. If status, the number of deductions and paid to you, the plan administrator must exemptions you claim, and other income withhold income tax of 20% from the sources you might have. Because your distribution as a credit toward your Pension Plan payment can only be taken in federal income tax liability. If you decide the form of a lifetime annuity, it is not subject to roll over your distribution after taking to the early withdrawal penalty of 10%, a lump-sum payment, you must roll regardless of the age when you begin over an amount equal to your receiving payment. distribution before withholding. Your rollover contribution to the new plan or IRA must include other money (for example, from your personal savings) to replace the amount that was withheld. (You may avoid the 20% withholding by requesting a direct rollover or direct transfer to the new plan trustee). Generally, if you take a distribution from the plan before age 59 1/2, it is subject to an early withdrawal penalty of 10% (in addition to regular income taxes), unless you qualify for an exception. For example, the 10% penalty tax doesn't apply to plan distributions received if you terminate employment during or after the year in which you turn age 55. . If you choose to directly roll over your lump-sum payment. you will not pay any tax untillhe date you elect to have your benefit distributed to you rv1andatory distributions generally must begin by April 1 of the year after you attain age 70 1/2 If you have not yet initiated payment and these payments are taxable as ordinary 34 -~- ------------- .- -_.~._._--''"_._."_._--- -----~_._._-.- ~-----_.,--~ inCOrne . If you choose to have periodic distributions made, lrv: al~nu:': ' federal in:8me tax'/ou 0'//2 '/\"1 JS deterr;,J1Sd :he :ax :iOV,iS ;1 effect f the ~~iear in vv'hich you reC81\/e '/,,Ihlle ann'Jlty pa)l!llents take '=-:\,:er jour lifetime are 1',0: to t,,,= 1 early Withdrawal penalty, !urT1CJ-SU"" Withdrawals taken before yOL reactl a::J8 55 are subject to trlis penalt'i Mandatory distributions generaliy must begin by April 1 of the year after you attain age 70 1/2 if you have Ilot yet Initiated payment and these payments are taxable as ordinary Income 35 Type of Plan Both plans are qualified plans under section 401 (a) of the Internal Revenue Code FRS Pension Plan FRS Investment Plan The FRS Pension Plan is a defined benefit The FRS Investment Plan is a defined plan. That means that your retirement benefit contribution plan. That means that the is set by a fixed formula. No matter how well contribution amount is fixed by a set or poorly the trust fund investments perform, percentage determined by law and the you are guaranteed to receive your accrued contribution is made [0 an individual account benefit for your lifetime. in each participant's name. With a defined contribution plan, in which the monthly contribution rate is fixed, the final benefit will be the total account value (contributions plus investment earnings less expenses and losses) distributed during retirement. 36 Vesting VestlC',g refers to the amount Of time reoUlred to work for FRS tJefo~e "own" your benefit If you'r" not/estec: In )eur ;):8" ~)er-,eflt w!,erl veu le2/8 FRS el'- you couid lose your benefit FRS Pension Plan FRS Investment Plan -- You need to have 6 years of service with an I You need to have 1 year :Jf service w'tn arl FRS employer to be vested in your Pension FRS enlployer to be vested In your Plan benefit Vesting is based on total service Investment Plan benefit Vesting IS based or in both the Pension Plan and the Investment total service in both the Pension Plar, and the Plan. Service is the total of all whole and Investment Plan. Service IS the t:Jtal of all partial years you worked with an FRS whole and partial years you w:Jrked with an employer in a covered position. It also FRS employer in a covered position includes any additional service that you may have purchased. (Some purchased service, Any benefit amount you transfer from the such as out-of-state service, does not count Pension Plan to the Investment Plan will still toward the number of years you need to be be subject to the Pension Plan's 6-year vested. ) vesting requirement rather than the Investment Plan's 1-year vesting Any benefit amount you transfer from the requirement Pension Plan to the Investment Plan will still be subject to the Pension Plan's 6-year If you leave FRS employment before you're vesting requirement rather than the vested in your Investment Plan benefit, you Investment Plan's 1-year vesting won't be entitled to any benefit. Your account requirement. balance will be placed in a suspense account, where it will accrue actual If you leave FRS employment before you're investment earnings. If you return to worK for vested in your Pension Plan benefit, you an FRS employer within 5 years of your won't be entitled to any benefit If you're termination date, your account balance plus rehired by an FRS employer at any time In any earnings Will be returned to you and the future, the service credit you previously combined with any future service credit an:) earned will be combined with any future applied toward vesting of your ac:co:..nt I,f service credit and applied toward vesting rever r9turn to work for an FRS emoloyer f YCJu return to work for an FP,S eT,pioyer years after jour termination T3te,nu-Nlil fc\rleit Y':)'J' unveslecj 8CCOL~;"t b3!2!-<~e if'Ju lea,e FRS It af:.e~' '.'es~y-,:;; ~,,/':Jur ;n,/8:.,tnlent Pial' be'~,ef!:, :~t :~-)~fo:e ~rarsfer"'e(j Pens'on Pi2'; bS--:9fd ?S'/esle -. '/ CI 'w ill a j:=: i, '-ecei\;e ;-"JJ'- \''2sts,= 1'~!/es:iY'::: Pa tlenefit Ho',A'e'v'er t \i(:'...; :.ak.e 3'---'_" ,j;,str:but:oT'. frC:t~'/Cu: i:'"es~r""':'3YY? Si t''2i,eTlt. tne Dersic'l P!an benefi 37 transferred into the Investment Plan Will be forfeited If you do not take a distribution of your Investment Plan benefit, the Pension Plan benefit you transferred Into the Investment Plan Will be placed In a suspense account. where it will accrue actual Investment earnings If you return to work for an FRS employer within 5 years of your termination date, your prior service will be combined with any future service credit and applied toward vesting of your transferred Pension Plan benefit If you never return to work for an FRS employer or if you return to work for an FRS employer 5 years after your termination date, you will forfeit your unvested transferred Pension Plan benefit. 38