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Agenda 01-05-10 Searchable The City of B nt n Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 TUESDAY, JANUARY 5, 2010 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor - At Large Ron Weiland Commissioner - District I Woodrow Hay Vice Mayor - District II Jose Rodriguez Commissioner - District III Marlene Ross Commissioner - District IV Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton-beach.org We're Reinventing City Living for The Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. . Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. . Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. . Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. . Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." . Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes . Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORU M: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). - 2 - 1. OPENINGS A. B. C. D. 1. 2. 2. OTHER Call to order - Mayor Jerry Taylor Invocation Pledge of Allegiance to the Flag led by Commissioner Ron Weiland Agenda Approval: Additions, Deletions, Corrections Adoption A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS Announce the upcoming Ocean Avenue Concert. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE Appoint eligible members of the community to serve In vacant positions on City advisory boards. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. Approve the Minutes from the City Commission meetings held on November 17,2009, December 1,2009 and December 15,2009. PROPOSED RESOLUTION NO. R10-001 -- Approve an Agreement with Broadcast Music, Inc. (BMI) to acquire the licensing necessary to play music for public performance PROPOSED RESOLUTION NO. R10-002 -- Approve Cooperative Agreement among COALA (Cooperative Authority for Library Automation) member libraries to include the City of Boynton Beach, Town of Lake Park, Village of Palm Springs, Village of North - 3 - Palm Beach, and Delray Beach Public Library Association, Inc., for the operation of a shared library automation system. PROPOSED RESOLUTION NO. R10-003 -- Approve 36-month Agreement with Paetec for existing phone-line equipment and ongoing long distance service. PROPOSED RESOLUTION NO. R10-004 -- Approve an agreement with Federal Property Registration Corporation for the administration of the City's Abandoned Personal and Real Property Ordinance 09-040 including the proactive notification to all mortgagees requiring their registration of vacant properties within the City's jurisdiction. PROPOSED RESOLUTION NO. R10-005 -- Approve a Railroad Reimbursement Agreement with the Florida Department of Transportation authorizing grade crossing signal improvements on the FEC rail line on Martin Luther King, Jr. Blvd.lNE 10th Avenue. PROPOSED RESOLUTION NO. R10-006 -- Approve update to the fee schedule used by the Department of Public Works, Engineering Division in issuance of various permits from time to time within the public rights-of-way of the City. Accept the monthly report on the major projects being completed by the Recreation and Parks Department. Approve the "VISTABELLA AT RENAISSANCE COMMONS REPLAT 2, A P.U.D." Record Plat conditioned on the approval being the certification of the plat document by H. David Kelley, Jr., (City Engineer and Surveyor and Mapper). Approve payment of $41,712 to R&S Integrated Products for the annual renewal of the Laserfiche software and scanner hardware maintenance. 7. CODE COMPLIANCE & LEGAL SETTLEMENTS Approve mediated settlement agreement in the case of Southeast Drilling Services vs. City of Boynton Beach. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Conduct Impasse Hearing and resolve open issues to settle SEIU - White Collar Collective Bargaining Agreement. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. PROPOSED ORDINANCE NO.10-001 -- FIRST READING - Casa Del Mar Yacht Club rezoning (REZN 09-003). Request to rezone 4.11 acres of property from Infill Planned Unit Development (IPUD) with a master plan for a multifamily use to IPUD with a master plan for a marina use. - 4 - Pro-Golf I Mega Mini (ADAP 09-002), Administrative Appeal, located at 2951 SW 14th Place. Request approval for an appeal of an administrative determination that a storage bay shall not be used to manufacture, fabricate or process goods in a self- storage facility in the M-1 Zoning District as indicated in Chapter 2. Zoning, Section 11.0.1.c. Applicant: Michael Weiner, Weiner & Associates, P.A. (TABLED on December 15, 2009 in order for the applicant to satisfy the prerequisite public notification requirements.) 9. CITY MANAGER'S REPORT PROPOSED RESOLUTION NO. R10-007 -- (a) Approve and authorize execution of a Contract for "OCEANFRONT PARK BOARDWALK REPLACEMENT" Bid # 002- 2730-10/CJD with: PALM BEACH MARINE CONSTRUCTION INC. of West Palm Beach, Florida, in the amount of: $1,281,262 plus a 10% contingency of $128,126 for a total expenditure of: $1,409,388 and (b) Waive a minor technicality in the bid submission. Accept the City of Boynton Beach FY2008/2009 Annual Grants Report. Review and accept the FY 2009 -10 Budget Status Report of General Fund & Utility Fund Revenues & Expenditures as of November 30,2009. Review property notification language and procedures for CRA Brownfield program. PROPOSED RESOLUTON NO. R10-008 -- Award a contract for Bid #004-2821- 10/JA, "Regional Force Main Jack & Bore Project" to Johnson-Davis, Inc. (J-D) of Lantana, Florida with a bid price of $1,021,270, also approve an owner's contingency of 10% in the amount of $102,127 for a total project funding authorization of $1,123,397. Review of Renovation Plan for Historic Boynton Beach High School submitted to the City Commission on December 15, 2009. Reject the nine (9) highest bids the City received In response to the Invitation to Bidders. PROPOSED RESOLUTION NO. R10-009 -- Award a contract for Bid #005-2821- 10/JA "Regional Force Main Project" to Danella Utility Construction, Inc. of Pompano Beach, Florida with a Bid price of $4,209,900, and to also approve an owner's contingency of 10% in the amount of $420,990 for a total funding authorization of $4,630,890. 10. FUTURE AGENDA ITEMS A. Review of application packet and process for CRA appointments. City Commission is asked to review the application materials and selection process for appointment of a seven-member Community Redevelopment Board. The timeline for the appointment of the CRA Board per Ordinance 09-030 is subject to the discretion of the City Commission. (Tabled to January 2010). - 5 - 11. NEW BUSINESS None 12. LEGAL PROPOSED ORDINANCE NO. 09-044 -- SECOND READING -- IPUD Zoning District-Marine-Oriented & Water Dependent Uses, (CDRV 09-008). Amending the Land Development Regulations, Chapter 2, Zoning, Section 5. L., changing the intent section to promote water access and recreational opportunities with accommodation of uses including marine-oriented and water-dependent uses, and establishment of development regulations for implementation. Applicant: City-initiated. (Request for Reconsideration by Commissioner Marlene Ross of Ordinance 09-044 which was adopted on second reading at the December 1,2009 Commission Meeting was approved by the Commission on December 15,2009.) PROPOSED ORDINANCE NO. 09-048 -- SECOND READING - Parking requirements for dry boat storage and private marinas (CDRV 09-008). Request to amend Part III, Chapter 2, Zoning, Section 11.H.16(e)(10) to add separate parking standards for private marinas including dry boat storage. This amendment is in conjunction with the related amendments to the IPUD zoning district for marine- oriented and water-dependant uses, as processed by Ordinance 09-044. PROPOSED ORDINANCE NO. 10-002 -- FIRST READING -- Approve changes to the Sewer Use Ordinances as per the revised Industrial Waste and Pretreatment Agreement between the City of Boynton Beach, the South Central Regional Wastewater Treatment and Disposal Board and the City of Delray Beach. 13. UNFINISHED BUSINESS None 14. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT PAM WELSH (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. - 6 - 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 ~ ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: Announce the upcoming Ocean Avenue Concert. EXPLANATION OF REQUEST: On Friday, January 15, 2010, the Boynton Beach CRA, the City of Boynton Beach and The Palm Beach Post will present an Ocean Avenue Concert, featuring the Bulldog Rock & Roll Band. This FREE concert will take place from 6:00 PM to 9:00 PM at the Amphitheatre next to the Schoolhouse Children's Museum on Ocean Avenue just east of Seacrest. Food and Drink vendors are available. Please bring your folding chairs and be prepared to dance the night away. Parking onsite, no pets please. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: CRA Budget - line item 02-58500-480 AL TERNA TIVES: - 7 - 5. A ADMINISTRATIVE January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT ~ ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various advisory boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? The boards listed will not be full boards and may compromise the efficiency of the individual board. FISCAL IMPACT: None ALTERNATIVES: Allow vacancies to remain unfilled. - 8 - Appointment Length of Term To Be Made Boa rd Expi ration Date I Weiland Arts Commission Reg 3 yr term to 12/12 II Hay Arts Commission Reg 3 yr term to 12/12 III Rodriguez Arts Commission Alt 1 yr term to 12/10 IV Ross Arts Commission Alt 1 yr term to 12/10 Mayor Taylor Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/12 I Weiland Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/12 II Hay Bldg. Bd. of Adj & Appeals Reg 3 yr term to 12/12 III Rodriguez Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/10 (Tabled 3) IV Ross Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/10 IV Ross Cemetery Board Reg 3 yr term to 12/12 Mayor Taylor Cemetery Board Alt 1 yr term to 12/10 Mayor Taylor Code Compliance Board Reg 3 yr term to 12/12 I Weiland Code Compliance Board Reg 3 yr term to 12/12 IV Ross Code Compliance Board Alt 1 yr term to 12/10 II Hay Code Compliance Board Alt 1 yr term to 12/10 IV Ross Community Relations Bd. Reg 3 yr term to 12/12 Mayor Taylor Community Relations Bd. Reg 3 yr term to 12/12 I Weiland Community Relations Bd. Reg 3 yr term to 12/12 II Hay Community Relations Bd. Alt 1 yr term to 12/10 (Tabled 2) III Rodriguez Community Relations Bd. Alt 1 yr term to 12/10 (Tabled 2) Mayor Taylor Education & Youth Advisory Board Reg 2 yr term to 12/11 I Weiland Education & Youth Advisory Board Reg 2 yr term to 12/11 II Hay Education & Youth Advisory Board Reg 2 yr term to 12/11 III Rodriguez Education & Youth Advisory Board Reg 2 yr term to 12/11 II Hay Education & Youth Advisory Board Alt 1 yr term to 12/10 (Tabled 3) IV Ross Education & Youth Advisory Board Alt 1 yr term to 12/10 III Rodriguez Education & Youth Advisory Board Stu N/V 1 yr term to 12/10 (Tabled 3) IV Ross Education & Youth Advisory Board Stu 1 yr term to 12/10 (Tabled 3) Mayor Taylor Education & Youth Advisory Board Stu 1 yr term to 12/10 II Hay Employees' Pension Board Reg 3 yr term to 12/12 III Rodriguez Library Board Reg 3 yr term to 12/12 IV Ross Library Board Reg 3 yr term to 12/12 II Hay Library Board Alt 1 yr term to 12/10 (Tabled 2) Mayor Taylor Library Board Alt 1 yr term to 12/10 (Tabled 3) I Weiland Planning & Development Board Reg 2 yr term to 12/11 II Hay Planning & Development Board Reg 2 yr term to 12/11 III Rodriguez Planning & Development Board Reg 2 yr term to 12/11 IV Ross Planning & Development Board Reg 2 yr term to 12/11 Mayor Taylor Planning & Development Board Alt 1 yr term to 12/10 Mayor Taylor Planning & Development Board Alt 1 yr term to 12/10 - 9 - Appointment To Be Made Boa rd Length of Term Expi ration Date Mayor Taylor Recreation & Parks Board Reg 3 yr term to 12/11 (Tabled 2) I Weiland Recreation & Parks Board Reg 3 yr term to 12/12 II Hay Recreation & Parks Board Reg 3 yr term to 12/12 IV Ross Recreation & Parks Board Alt. 1 yr term to 12/10 (Tabled 2) III Rodriguez Recreation & Parks Board Alt 1 yr term to 12/10 IV Ross Senior Advisory Board Reg 2 yr term to 12/11 Mayor Taylor Senior Advisory Board Reg 2 yr term to 12/11 I Weiland Senior Advisory Board Alt 1 yr term to 12/10 II Hay Senior Advisory Board Alt 1 yr term to 12/10 I Weiland Veterans Adv. Commission Reg 3 yr term to 12/12 II Hay Veterans Adv. Commission Reg 3 yr term to 12/12 III Rodriguez Veterans Adv. Commission Alt 1 yr term to 12/10 IV Ross Veterans Adv. Commission Alt 1 yr term to 12/10 Mayor Taylor Veterans Adv. Commission Alt 1 yr term to 12/10 I Weiland Veterans Adv. Commission Alt 1 yr term to 12/10 - 10 - Last Name First 1st Choice 2nd Choice 3rd Choice Name Barnes Matthew Planning and Dev. Bd Boruck Morris Veterans Commission Bra ke Ja mes Code Compliance Bd Carroll Kathleen Code Compliance Bd Chiste Robert Education & (STUDENT) Youth Adv. Bd. Cook Dana Arts Commission Cregan Katharine Senior Adv. Bd Davenport Donn Arts Commission dela Torre III Jose Education & Planning & Community Youth Adv. Bd Dev. Bd. Relations Bd. Farrington John Veterans Commission Foertsch Leah Arts Commission Planning & Dev. Bd. Frazier Pat Recreation & Senior Adv. Bd Parks Bd. Gavlick Stanley Veterans (Alternate Commission ONLY) Grcevic Sharon Planning & Dev. Community Bd Relations Gresh Thomas Recreation & Parks Bd Guritzky Sanford Bldg. Bd of Adj & Apls Hoban Deborah Library Bd Jones Myra Education & Youth Adv. Bd Killian Candace Planning & Dev. Bd Krabill Thomas Veterans Commission - 11 - Last Name First 1st Choice 2nd Choice 3rd Choice Name Kurtz Richa rd Bldg. Bd. of Adj Planning & Code & Apls Dev. Bd Compliance Bd LaTour Jamie Code Compliance Bd. McVey Jack Recreation & Parks Bd Moeller Christine Arts Commission Morera Mary Education & Youth Adv. Bd Mura Joyce Community Relations Bd Myott Steve Planning & Dev. Bd North Tiffany Education & Community Recreation & Youth Adv. Bd Relations Bd Parks Bd Pleasanton Valerie Library Orlove William Recreation & Parks Bd Scantlan Don Veterans Commission Sulzer Laurie Arts Commission Li bra ry Bd Stern Phyllis Community Senior Adv. Bd Education & Relations Bd Youth Adv. Bd Taylor Jeannie Library Bd Timm Warren Planning & Dev. Bd Waldman Stephen Education & Youth Adv. Bd Waterhouse Regina Community Education & Li bra ry Bd Relations Bd Youth Adv Bd Wilkinson Loretta Education & Youth Adv. Bd Wolf Halena Arts Commission - 12 - 6. A CONSENT AGENDA January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF ~ CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: Approve the Minutes from the City Commission meetings held on November 17,2009., December 1,2009 and December 15,2009. EXPLANATION OF REQUEST: The City Commission met on November 17,2009, December 1, 2009 and December 15,2009 and minutes were prepared from the notes taken at the meeting by the Deputy City Clerk. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? A permanent record of the actions taken by the City Commission will maintained as a permanent record. FISCAL IMPACT: NIA ALTERNATIVES: NI A - 13 - MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, NOVEMBER 17, 2009 Present: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor Ron Weiland, Commissioner Jose Rodriguez, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Judith Pyle, Deputy City Clerk 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Jose Rodriguez Mayor Taylor called the meeting to order at 6:32 p.m. Vice Mayor Hay gave the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner Rodriguez. D. Agenda Approval: 1. Additions, Deletions, Corrections There was consensus to move the canal issue item forward to B.1 under Announcements. 2. Adoption Motion Vice Mayor Hay moved to approve the agenda as amended. Commissioner Ross seconded the motion. The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Ross brought up The Safe and Citizens for Improved Transit who were seeking signatures for anyone interested in supporting the bullet train. She noted many leaders from other municipalities had signed the petition and she would be supporting the effort. A resolution would be presented to the Commission at the next meeting addressing the issue. Commissioner Ross also noted she had been present to hear former Vice President AI Gore speak on the green initiatives. - 14 - Mayor Taylor had met with the officers of the Habitat for Humanity and their fund raisers for a tour of the Boynton Beach Community Redevelopment Agency area including the Heart of Boynton. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim November 18, 2009 as Geographic Information Systems Day. Mayor Taylor proclaimed November 18th as Geographic Information Systems Day and presented the Proclamation to Phyllis Koch, ITS Director. Ms. Koch invited everyone to visit the Library Program room on November 18th from 1 p.m. to 3 p.m. to see demonstrations on how geographical information can assist the City. B. Presentation by Camp Dresser & McKee Inc. (CDM) regarding the evaluation of projects to be submitted to the Department of Energy for the Energy Efficiency Conservation Strategy (EECS) and remaining award of the Energy Efficiency Conservation Block Grant (EECBG) Nancy Byrne, Assistant Director of Development, introduced Camp Dresser & McKee who would review the strategy that was being considered for formal adoption. Pat Gleason, Camp Dresser & McKee, outlined the presentation plan of various modules being developed for the Long Range Climate Action Plan. The mission statement included the language that Boynton Beach would be the premier green city in Florida. There would be extensive work needed to bring the Comprehensive Plan and Land Development Regulations to green. Future funding and legislative initiatives were discussed. There were three components to the work to be done. First, would be a strategy to complete projects implementing energy conservation. The second component would be the greenhouse gas emissions inventory and the third, would be the Climate Action Plan to achieve the sustainability goals. Part of the initial strategy would be to create an energy loan fund of $250,000 for energy improvements to municipal facilities. The monies saved would be utilized to pay the loan. Improvements were planned for the Hester Center both indoors and outdoors. A partnership would be formed with FAU and Dr. Russ Ivory to hire two students to assist City employees with collection of data for the greenhouse gas emissions inventory. The inventory would encompass City facilities as well as the Community as a whole. Projections would be extended to 2025 with various scenarios, but an expected downturn in greenhouse em issions. The long range plan would involve energy reductions within the City and saving money. A target will be set as a future goal. Erin Davis with Lewis, Longman and Walker was involved in the project to assist the City in setting a realistic goal. There may be State and Federal regulations forthcoming in a climate bill and could affect the target to be set. The City would have to comply with any Comprehensive Land Use amendments by the State or Federal government. Incentives can be put into place to work with the development community to build green. A standard for tracking the greenhouse emissions reductions would need to be established as required by Florida law. The State Building Code has also been modified to include greenhouse gas em ission reductions. - 15 - Mr. Gleason continued that the City may want to add adaptation strategies to the Climate Action Plan. Water supply availability, planning and utility infrastructure would need to be considered. Funding would have to be addressed as well as public awareness and education. The goal for funding would be no use of City funds. In-kind funds may be needed and Community Development Block Grant Funds and coordination with other grant programs and other stimulus funding from the State of Florida would be sought. Commissioner Ross thanked the presenters for their information. She asked for a review of the timeline involved. Mr. Gleason responded the submission deadline was the end of April and the energy block grant would be due on January 11, 2010. Vice Mayor Hay contended it was an aggressive plan and inquired if there were any identifiable road blocks that could be eliminated. Ms. Bryne clarified establishing the $250,000 municipal revolving fund and the Ezell Hester Center retrofit were the priorities. (Commissioner Ross left the dais at 6:59 p.m.) 9.A Accept report on canal and waterway ownership, dedication, and maintenance; and establish canal and waterway maintenance policies. (This item was taken out of sequence.) Mr. Bressner gave a summary of the staff report. Historically, a number of canals were developed as part of land development over the years. Some were created for drainage, while others were for mosquito control. Ownership involves the South Florida Water Management District, Lake Worth Draining District, private property owners or the public. A notation that the canal is owned by the public does not flow to the maintenance responsibility on the City of Boynton Beach. In fact, the City was never specifically named, resulting in conjecture. The maintenance program over the years has been haphazard at best. In 2008 the maintenance was terminated because direct ownership responsibility was identified to be private property. Three issues were identified. First, the City would have either to own or have legal rights to the canal waterway. There are no canals owned by the City of Boynton Beach or any identifiable responsibility to maintain any canal. Second, public dollars can only be spent for a public benefit and third, funds must be budgeted. The proposal involved the City maintaining the canals, focusing on vegetation control. It would not include dredging canals, but would include funding for the control and removal of vegetative materials in the canals that present safety issues for adjoining property owners. Canals previously designed as public would be entitled to be maintained with a funding mechanism for the control and removal of vegetation in an environmentally appropriate way. The private canals cannot be maintained unless permission is received from the property owners in the form of a license agreement, easement or other instrument that also carries the right of the public to utilize the canals for public benefit. Some property owners may be resistant to conveying rights to the City. Staff recommended a five-year implementation program, particularly for the homeowners who have private canals to include a reverter clause. The property owners would have an opportunity to evaluate the program and give the City time to re-evaluate the benefits achieved by using public funds. The program would be funded through the storm water fee with a temporary surcharge to cover the initial cleanup costs of $125,000 and approximately $50,000 yearly. A policy - 16 - decision would be required to assume the maintenance level for public designated canals and privately owned canals. Commissioner Weiland understood the property owners would have several options. Mr. Bressner understood it was either all property owners signed on to a program or there would be no maintenance. The temporary program would give everyone an opportunity to review the results over the five-year time period. Attorney Cherof advised the best program would be that all the property owners cooperate with the City to make it happen. If one or two property owners do not want to participate, a program will have to be devised to work around the section of canal that they own or obtain access to the canal through a health, safety and welfare basis. It may require Court action. Commissioner Rodriguez advocated the program should include maintenance of all the canals and not just those with vegetation issues. Sediment issues with runoff, that the City has created should be included with a broad based, comprehensive plan for all canals. Mr. Bressner noted that option was available based on a $.50 a month surcharge that would continue for a lengthy period of time. The dredging portion of the project would cost approximately $5.2 million City-wide with a 12 to 15 year funding cycle. Areas would be selected each year for maintenance and dredging. There is no direct relationship between dredging and storm water management. The depth of dredging to accommodate boats of all sizes would be another issue according to Mayor Taylor. He felt the vegetation issue should be addressed first. Commissioner Rodriguez contended there are standards for depth dredging throughout the entire state to maintain a certain level. Vice Mayor Hay inquired if there was any indication of the number of objectors to this type of program. Mr. Bressner replied there were areas that would not benefit at all from the service, but the use of public funds would be necessary to maintain the community as a whole. A policy decision would have to be made that the program is a public service. Mayor Taylor stressed the complaints brought to the Commission relate only to the vegetation issue. Commissioner Rodriguez indicated the issue of dredging the canals has been discussed for almost two years. Mr. Bressner advised there has been research done on the source of increases in siltation levels. Commissioner Weiland opined his main concern was the vegetation from a health and safety issue. He also hoped there could be a clear understanding established so cleaning the canals of vegetation can be started as soon as possible. Vice Mayor Hay concurred with Commissioner Weiland to move ahead with the maintenance immediately and deal with the dredging at a later time. Commissioner Ross agreed. Mayor Taylor addressed the audience with a show of hands of those who agreed with commencing the vegetation issue in the canals and then a show of hands of those who felt both vegetation and dredging should be addressed immediately. Jeff Lis, 945 Isles Road, Chair of the canal committee for the Boynton Isles Neighborhood Association, reported he had first contacted the City regarding the dredging issue in September 2007. The staff report failed to address the Comprehensive Plan Coastal Management Element - Storm water system and discharges. It also did not address the Comprehensive Plan as it relates to the policy established that the City would support the - 17 - timely maintenance of regional drainage system features. The dedication of canals in the Boynton Isles plat would be common law dedications, subject to acceptance by the City. Mr. Lis contended the City had not accepted the maintenance of the canals as its obligation. There is case law that acceptance can be implied by the actual use of the property by the public. Ms. Lis alleged the City had been cleaning the streets and canals in Boynton Isles since 1957 and upgraded the system in 2009. The Boynton Isles Association would object to additional taxes for vegetation removal that did not include dredging of the canals. Steve Antone, 234 SW 2nd Avenue, agreed with Mr. Lis. He did point out that all canals silt and have to be maintained. Vegetation in the canals is the least of the problem. Flooding during previous hurricanes was definitely the result of silt increasing. He suggested a source of funding might be insurance companies, if it will reduce flooding. The Army Corp of Engineers and FEMA could be other sources for funding. Mike Bird, Boynton Isles, added the drainage system installed this year made the area a catch basin for Federal Highway. The road was re-paved. The canals are used by the public in kayaks and boats. Jerry Knott, Boynton Isles, noted several of the City's plans address the issue of canal maintenance and dredging. He requested dredging of the canals be included in any action by the Commission. Jeff Shellnot, Lake Eden development, supported the Commission's decision on the vegetation. He questioned if the Lake Worth Drainage District and the County would be maintaining the canals out west to control the pollination of the vegetation eastward. The effort has to be done concurrently with the western areas or the problem will reoccur. The current problem is the result of stopping the maintenance in 2008. Gary Fishman, 3504 Diane Drive, applauded the efforts of the Commission to acknowledge the issue and develop a plan to deal with the vegetation overgrowth. Patricia, Fitzpatrick, 101 SW 4th Avenue, agreed with the City Manager that taxes were a good thing. If the City cleans the canals they should own the canals as well. If privately owned canal owners do not clean their areas they should be assessed a fine and be required to clean it up. Victor Norfus, 261 N. Palm Drive, confirmed the vegetation issue was a safety concern and should be addressed. The dredging was needed for hurricane season storms and runoffs. He questioned if the cost be covered by an assessment of those canals to be done each year. Mr. Bressner explained the proposed surcharge would take 10 to 12 years to fund dredging all the canals within the City. (Commissioner Ross left the dais at 7:42 p.m.) Dr. Piotr Blass, a resident, was impressed by Mr. Shellnot's comments and agreed the harvesting program should be commenced immediately. Cooperation would need to be sought from the communities west to the Everglades and Lake Worth, or the problem would re- occur. Other marine biologist should be consulted for possible solutions before monies are appropriated. Commissioner Weiland inquired about the length of time for the funding. Mr. Bressner reiterated the 25 cents a month for two years would cover a five-year program of the initial - 18 - vegetation removal and then $50,000 a year of maintenance cost for five years. The entire program would be revisited and the results achieved re-evaluated. Commissioner Weiland supported a two-fold project including the weed cleanup and the dredging as the second phase of the project. The safety issue should be addressed immediately. Commissioner Rodriguez suggested some canals may not need to be dredged because the runoff is not significant. There is an opportunity to get started and analyze the need that exists. The entire community should be included in the program and not specific areas. Commissioner Weiland knew of two freshwater canals that needed to be dredged. Mr. Bressner agreed the need for dredging should be studied and evaluated. The siltation issue at Boynton Isles and the associate cause should be studied over a period of time. Vice Mayor Hay clarified the need to coordinate the program between public and private canals. Mr. Bressner concurred the South Florida Water Management and Lake Worth Drainage District efforts had to be coordinated with the City Of Boynton Beach project. Attorney Cherof advised a motion should first be made to find there is a public purpose because there is a health, safety or welfare issue associated with the fresh water canal maintenance program. Motion Commissioner Weiland so moved. Vice Mayor Hay seconded the motion. The motion passed unanimously. Attorney Cherof suggested the next motion support starting with the public canals and direct the administration to implement a canal maintenance program for the public fresh water canals. (Commissioner Ross returned to the dais at 7:51 p.m.) Motion Vice Mayor Hay so moved. Commissioner Weiland seconded the motion. The motion passed unanimously. Attorney Cherof noted the next motion should be the same, and only relate to the private canals and the City obtaining access to the private canals. Different ways of obtaining access would have to be explored. Mr. Bressner suggested a list of options be made available to both the parties and meet as a group and individually. Vice Mayor Hay moved to start the private canal maintenance while access would be explored. Motion passed unanimously. Motion Commissioner Rodriguez moved to allocate resources and start the dredging program for the City of Boynton Beach including the $.50 additional per month fee in addition to the maintenance program. Commissioner Weiland seconded the motion. The motion passed unanimously. - 19 - C. Review presentations of four firms that submitted responses to City RFP for space needs of Police andlor City Hall facility(ies) as authorized by the City Commission on April 21 ,2009. There was consensus to have presentations heard in the order of ranking by staff. Attorney Cherof recalled staff recommended only three companies. He concurred with staff's analysis that only three companies had properly responded to the Request For Proposal (RFP). The fourth company did not provide the cost information in the RFP, but has subsequently provided the information after the deadline for submission. He stressed the Commission can hear any of the proposals, but should remember staff's recommendation when a decision is made. Under public disclosure, Mayor Taylor revealed all four companies had contributed to his political campaign in 2006. Commissioner Ross revealed one of the companies had contributed to her campaign in 2007, Compson Associates and CH2MHill. Commissioner Weiland added Renaissance Commons and CH2MHill had contributed to his campaign. Vice Mayor Hay concurred one had contributed to his 2007 campaign, Renaissance Commons. Urban Buildinq, CH2MHill Jan Hoover with Urban Building Systems introduced the team consisting of Rick Bell, Principal with Urban; Stuart Frisbee, Project Manager; Ron Redner, Superintendent and CH2MHill for architectural and engineering services. Anderson Slocombe would be the architect in charge with Tom Orlatski and Mike Flatery. The team also delivered Fire Station #5 and the Emergency Operation Center on time and under budget. The firm worked on the Jensen Beach Fire Station, completed the City of Stuart Public Fire Station and EOC complex and St. Lucie County Fire District. CH2MHill is a national firm and completed more than 50 public safety facilities nationally and locally for Boynton Beach, Tequesta, City of Hollywood and North Palm Beach. A map of the City was displayed showing the locations of the four proposed sites. Mr. Slocombe noted the proposed site of Urban Building was centrally located with easy access to 1-95 for north and south navigation and east and west access. It would be at the same location as Fire Station #5 and the EOC. There would be no land acquisition requirements or costs and no loss to the City tax rolls. The zoning and land use approvals had been obtained. The master plan accommodated the project and the site is vacant and ready for construction including the utility infrastructure. Mr. Slocombe discussed two options. One option was a stand-alone, two-story, police facility and two-story parking garage. The second option was a police station and City Hall in a three- story building and three-story parking garage to complete a public safety complex. The police facility would have a northlsouth orientation and the parking garage would be next to the 1-95 ramp and not very visible from the street. The garage would have 155 parking slots along with 102 surface parking areas for police. It would not include parking for the impound or the sally port. There would be a separate entrance for police vehicles only and a public entrance. The first floor would have a 15 foot ceiling height for emergency vehicles. The facility would be 81,000 square feet and it would mimic the architecture of the existing Fire Station. There would be a skywalk connection from the parking garage to the actual building. - 20- Option two was similar, but had a slightly bigger footprint for police and City Hall as a three- story building. City Hall would be on the south side and the police on the north side. It would be a 133,000 square foot building with additional parking for City Hall. The construction schedule estimated 24 months to completion. It could be fast tracked with help from the Building Department. The City Hall portion would add two months to the construction schedule. The City would receive an outstanding design with the same quality and level of finishes as the EOC. There would be a guarantee of timely construction with a competitive price for the police station of $23,610,650 and the estimate for option two was $38,378,375. Financing was suggested using Build America bonds with a discount and the industry would recommend that method. Another option would be private hybrid loans. A third method would be financing with Urban using a hybrid system. The lease back would be the most expensive financing option. It was suggested the City create purchase orders for the materials and supplies to take advantage of the government tax exempt status. The savings could be as much as 1 % of the total cost. The team has proven its expertise with Fire Station #5 and have LEED accredited professionals. The design work can begin immediately and the City would deal directly with the general contractor and design team throughout the process. Construction costs are at the lowest levels in years. Commissioner Rodriguez remarked the proposed site is in the northern most section of the City and not centrally located. Vice Mayor Hay stressed the City owned the land at the proposed site. Sembler and Partners Jeff Fickway, President, pointed out Sembler and Partners had developed the Boynton Town Center and 100 acre master plan on Congress Avenue. Mike Hagen, Vice President of Development was also present. The company is based in St. Petersburg and is one of the largest retail developers in the southeast having completed over 150 projects in the last 45 years. The proposed site would be integrated into the existing shopping center and the main street would lead to a new City complex at the terminus. The team would include Sembler and Partner and Piper, Orien and Herr Architects and Moss and Associates contractors. The architects have completed many police and fire complexes in the southeast and the contractor is one of the top 100 in the country specializing in municipal buildings. The first option is a combined City Hall and police facility including a new five-story combined building with 126,000 square feet, 81,000 square feet for the police facility and 45,000 square feet for City Hall. An additional 16,000 square feet would be for adaptive reuse space and existing retail space. There would be expanded parking facilities with a parking deck with secured parking for police parking and an extended clear height on the lower level for emergency vehicles. - 21 - Two options were provided for the economic structure of the proposals. One would be a lease hold option and the other a purchase option. The City could lease the space based on gross square footage for a period of 20 years with three 10-year options. The rental rate would escalate at 3.5% every year for five years. The maintenance, taxes and insurance would be the responsible of the City. The purchase option would involve the City purchasing the land and the building for an agreed upon price to be paid within 30 days of Sembler's substantial completion of the facilities. The combined facility would be based on $100 per square foot interior set up allowance at $32 per gross square foot in terms of a lease rate. The second option would be the same basic framework with a smaller building to accommodate the police facility only. It would be located west of the main street. It would be a three-story building of 65,000 square feet including a parking deck and a lower level for emergency vehicles or impound area. The base numbers are $110 a square foot for interior improvement allowance equated to a $36 per gross square foot rental rate and $32.4 million purchase price. It was proposed that additional efficiencies and negotiations could reduce the cost to $27 million or $30 per gross square foot rental rate. There would be some flexibility that could be negotiated to further reduce the cost. The team would work closely with the City during all phases of the design and construction to meet the operational requirements and budget constraints. The close proximity to retail shopping, restaurants and other amenities would complement the project and improvements to the transportation network would allow for easy access for employees and citizens. It is a mixed-use environment embracing a livelwork opportunity. It is central to the commercial corridor. Renaissance Commons Jim Comparato, Compson Associates, commented a plan had been submitted by Compson for the current City Hall site for a workforce housing development and suggested City Hall be relocated to Renaissance Commons. The proceeds from the sale of the current site would be used to acquire a new City Hall at Renaissance Commons. Purchase of the current City Hall site is not possible at this time. The response to the RFP concentrated only on the police facility. The new proposal submitted allows the flexibility to relocate the police facility with either a long-term lease or outright purchase into an existing building at Renaissance Commons. It would be located in a four-story building surrounding an interior parking lot. There is a fifth floor utilized for storage. There would be an option to lease the facility on the short term and purchase it anytime in the next ten years at the current proposed price adjusted only by the consumer price index increase. The relocation of the police facility is proposed at a fraction of the cost of the other proposals. Even with the green building regulations, the facility could be delivered at half the price previously budgeted saving $15 million. The proposal was for 66,890 square feet in a building with sufficient interior parking for tenants and surface parking for customers. Either leasing or purchase of the square footage was proposed encompassing the entire third floor of the building of 45,000 square feet and 5,300 square feet in the central area and processing area. The City would be responsible for the set- - 22- up costs for the space. A specific area would be set aside in the parking garage for overnight parking and a police impound lot. There would be an additional 100 parking spaces reserved in the interior parking for the police facility. Compson and Associates would provide the option for the City to purchase 55,300 additional square feet for future expansion of the police department in the same building on an as needed basis. It could also be a future City Hall option. They would retain the option to sell the expansion space to a third party with the first right of refusal to the City. The expansion price would be the same as the current rate of $180 a square foot with the consumer price index increase only. The building was built with the highest standards of 2004. The electrical and HV A systems are extremely energy efficient. Many green features were incorporated in the design even though the building is not green. Any interior work to be completed would be green. The City would have the option to design the building with the specifications needed with a cost range of $55 to $75 a square foot. The City would select the standard they prefer. Bids can then be sought from contractors to determine the final cost of the improvements allowing a great deal of flexibility. Renaissance Commons would sell the 66,000 square feet of shell office space for $180 a square foot or $12,477,000. The City would be responsible for all interior costs to achieve occupancy for approximately $3.5 to $4 million additional. No additional fees would be paid for the parking spaces in the garage or the impound lot. A tenant coordinator would be provided at no additional cost. A municipal lease would also be an option for the office space and the set up. It would allow the City to amortize the cost of the acquisition and set up over a 20-year period rather than a cash purchase. The electrical service for the common areas has been installed, as well as the sprinkler system for the entire space and life safety. As an alternative, the shell finished office space could be leased on the basis of a 20- year lease. They would donate $468,000 for the first year lease in free rent. The first year of leasing would cost approximately $7 a square foot and long term would be $14 a square foot plus the $3.65 for estimated common area maintenance expense. The cost of improvements would be additional. There was an option for the City to lease the space and have an option to acquire the building at any time over the next ten years with the only adjustment the consumer price index. There would be no risk of cost overruns since the building is already designed and built. Six months after permits are obtained, the building would be built out for occupancy. There is easy access, expansion possibilities, 100 cameras on site, restaurants, transit system, parking, and close proximity to the mall. In summary and conclusion, the City could purchase the space at $180 a square foot and have a substantial savings over the other proposals at $12 million for 67,000 square feet. The City would control the tenant build out with competitive bids and the costs could range from $3.6 to $5 million depending on the level of green to be utilized. The total cost would be $15,720,000. There would also be the possible revenue of selling the property on High Ridge Road for $3 million. - 23 - The facility could be leased for $712,000 per year and pay $1.1 million in rent with the rate of $7 the first year and $14 the subsequent years. There would be the ten-year option to purchase the leased space. There would be option to purchase 55,000 square feet for expansion. Commissioner Rodriguez pointed out the proposal was for 67,000 square feet and the other proposals were for 81,000 square feet. Mr. Comparato replied the 81,000 square foot would include common areas. He also assured the Commission there was no Chinese drywall used in the building. Commissioner Ross thanked the presenters for their detailed information. Patrinelv Group Mike Ross, Washington Real Estate Partners, explained his company has had ties with the City of Boynton Beach over the last 20 years, and he was a resident of Boynton Beach. Three representatives of JMW Architects were also present as well as two representatives of Miller Construction Partners, partners with Patrinely. Owen Duke of the Patrinely Group advised office buildings are the core products of the Group. Mr. Duke explained the team reviewed the Master Plan and its proximity to the transit development corridor with the rail tracks and the harbor. The cultural civic center is in the area and the Martin Luther King project. The Master Plan has the City Hall situated on Federal Highway and Boynton Beach Boulevard. The plans submitted were for City Hall to be in the center of the block which belongs to Washington Real Estate Partners, except for a small section owned by the City, which would be a land swap to complete the area and eliminate the land cost for the project. The new facility would spur further development for the remainder of the block and spur development to replenish the tax revenue loss from the use of the land by the City. There is expansion space in the back for a garage that could be filled in for future use also. One option provided for a state-of-art police facility to be built at the current location of City Hall. It would be a familiar location and busy area for a police department. Another option called for a five-story police facility to be located behind the proposed City Hall with its own private entrances and connected with a bridge to the garage areas. The current site of City Hall and the police station could be sold to offset the cost of the new buildings. Another option was to move the Public Works compound to the High Ridge Road site and move the police facility to the present site of the Public Works compound near the Martin Luther King Corridor. The preferred options were to maintain City Hall at the location on Federal Highway and build a new police facility at the current location or immediately behind the proposed City Hall location. The new City Hall would be a gem in the area and be a life-blood for Boynton Beach. The proximity to the Library would be advantageous for the citizens and visitors. Brick lined streets would add to the area and replacing the Civic Center with an amphitheater to create a downtown area would be another feature. The Old High School could be used as an artist center and would help to keep the downtown area alive. Commissioner Ross clarified one option proposed the current site of City Hall for the police facility. The second option would have the City Hall and police facility off of Federal Highway. - 24- The third option would involve the Martin Luther King Corridor for the Police Department, moving Public Works and moving City Hall. Mayor Taylor discussed the proposed land swap and Mr. Duke pointed out there would be a land exchange with the CRA and no costs. Mayor Taylor inquired about cost estimates and Mr. Duke would not discuss the issue because only ideas were sought at the time of the RFP and discussed at previous Commission meetings. The costs would be within the budgeted amounts. Commissioner Rodriguez contended a memo dated November 10th outlined all the costs. He did question the anticipated tax revenue estimates. Mr. Duke responded the current taxes received are $39,500 and once developed, the site could generate $644,000 in tax revenue based on the current land values. Developing the current site would generate the higher tax base. Vice Mayor Hay remarked his reading of the bid documents found the requirement to provide preliminary cost estimates in the proposal and it was quite clear. Dollar amounts were not being revealed. Mr. Duke explained the pricing was based on a hypothetical building since accurate designs were not available and information was limited. He apologized for his interpretation of the RFP document and not providing the pricing information with his proposal. Mayor Taylor stressed the RFP was a legal document and the other developers did not have the same problem. Commissioner Rodriguez asserted it should be viewed as in the best interest of the City. There was discussion on the procedure to be followed and any decision that should or should not be made based on the four presentations. Jeff Livergood, Director of Public Works and Engineering, recalled initially the space needs for the Police Department were determined. Then, the space needs of City Hall were evaluated if the Police Department was moved and the renovation costs in comparison to replacement costs. Due to the current economic situation, the opportunity to take advantage of lower construction costs became an issue for consideration. The RFP was structured to allow the Commission the opportunity to investigate any possibilities. Commissioner Weiland was in favor of keeping City Hall in the downtown area, not building a new City Hall, moving the police facility to Renaissance Commons and moving the Public Work facility to the site on High Ridge Road to vacate the property in the Heart of Boynton. He understood Fire Station #1 would remain a substation and the existing police facility could be used to expand some of the departments for City Hall. Commissioner Ross agreed with Commissioner Weiland that the Public Works facility should be moved out of the residential area. Vice Mayor Hay favored the City Hall and police facility being located next to Fire Station #5 on property currently owned by the City. The current building is not generating any tax revenue and it could be sold and revitalize the tax base. Commissioner Ross wanted the Commission to consider keeping City Hall at its current location and moving Public Works to the High Ridge Road location. Commissioner Weiland - 25 - pointed out moving out of the area would send a negative message to the business owners in the downtown. Commissioner Rodriguez alleged many areas have now been redeveloped with new businesses and yet the east side of town had seen no growth. He predicted, if City Hall was moved from the downtown area, the entire area would collapse. Vice Mayor Hay proposed in the long term, developers may be hesitant to deal with Boynton Beach based on past development trends. He was not opposed to the downtown area and he could support that decision; however, realistically the property at Fire Station #5 is already owned by the City and the sale of the current location would be used on the Old High School. Commissioner Weiland maintained the police facility could be moved west of 1-95 and the downtown area would not suffer. City Hall should remain downtown. Commissioner Ross interjected the decision had already been made that the Commission would consider all and any locations for both the police facility and City Hall. The proposals received were three west of 1-95 and one east of 1-95. It would be improper to now only consider the one proposal east of 1-95. Mayor Taylor favored two of the four proposals. The Renaissance Commons price was unbeatable, if money was the only concern. The location by Fire Station #5 would create a firelsafety complex and had the disaster control center. There would be easy access for the police and the public at that location. The Sembler location was in the middle of a retail area and could create traffic concerns. The Patrinely proposal was too wide spread and more expansive than was ever discussed, with no cost estimates provided for any of the ideas. Commissioner Weiland agreed with Mayor Taylor's logic and reasoning, but he reiterated his desire to move the Public Works facility out of the Heart of Boynton and a residential neighborhood to promote redevelopment of the area. Quintus Greene, Director of Development, advised Public Works would required 8 to 10 acres and only 4.5 acres was available at the Gateway and High Ridge site. From an economic standpoint, City Hall is an aging building requiring increasingly costly maintenance. It does meet current hurricane codes for public buildings. The current site is 3 acres and sits at one of the busiest intersections in the City. It generates no tax revenue and is an underperforming public asset. The best use of the site would be a mixed -use redevelopment site. The proceeds from the sale of the site could be used to refurbish the Old High School. Commissioner Rodriguez noted most of the current mixed-use sites are empty. He did not foresee viable mixed-use in the future. Commissioner Weiland agreed. Mr. Greene replied the economy was at the bottom of a cycle and it would return to the top eventually. Commissioner Rodriguez reiterated there was an extensive inventory of empty mixed-use space. Commissioner Ross suggested estimates be sought to refurbish the building and perhaps do something creative with the facility. Mr. Greene noted the site is worth more as vacant land than it is with the building on it. Commissioner Rodriguez contended City Hall was an anchor for the downtown area. Mayor Taylor and Commissioner Ross countered City Hall as an anchor did not help the downtown area currently. - 26- Herb Suss, 1711 Woodfern Drive, offered his opinion that the Renaissance Commons location for the police facility was the most sensible solution. There would be the opportunity to move City Hall to the site in the future. The current building has to be demolished as inefficient and too costly. Jeff Shell not, noted Delray Beach re-development effort were remarkable and Boynton Beach should have the same vision. The Congress Avenue area was exploding with retail and the focus should now be on the eastern side to increase the tax base. Dr. Piotr Blass, 113 West Tara Lakes Drive, revealed his dream to create a University of Boynton. If City Hall and the police facility were moved west, then classroom space could be developed. He envisioned Quantum Park would be excellent site for 215t or 22nd century industries. More creative uses needed to be pursued. Steve Antone, 234 SW 2nd Avenue, alleged three of the four respondents to the RFP had not followed the City's direction. Mr. Bressner advised the four corners of the RFP asked for pricing information. Mr. Antone countered that funding for or refurbishment of the Old High School property was required. Attorney Cherof read from the Request For Proposal, "Some proposals may not address all elements of the RFP while others may contemplate either the sale or reuse of the remaining City property and buildings, existing City Hall complex, Quantum Property or Old High School." It was permissive. Mr. Antone contended two of the four respondents indicated no financials were required. Mr. Bressner advised it was the financials of the companies not the proposals. Mr. Antone noted only one group addressed the City's master plan. Mr. Bressner indicated the approved master plan called for City Hall to be behind the Civic Center. Commissioner Rodriguez added the master plan was conceptual. Commissioner Ross emphasized the RFP did not require the master plan be followed. Mr. Bressner stressed the Patrinely Group indicated their site was in the Master Plan and that was not correct. Commissioner Rodriguez stressed the downtown Master Plan was conceptual within the district. Mr. Antone stressed a great deal of money was spent on the Master Plan. He noted only one group had talked to a police department. None of the other presenters addressed what the police facility required. The approach was disorganized, haphazard and unprofessional. Victor Norfus, 261 N. Palm Drive, understood the priority was the Police Department and City Hall could be envisioned in the plans. Moving City Hall out of the area would remove one of the main employers and main attractions to downtown. He agreed the Police Department needed to move. The Renaissance complex was the least costly, but access could be an issue. The current City Hall property would go up in value and the building is too costly to maintain. It should stay in the downtown area. Mr. Norfus agreed the Public Works facility should be moved from the Martin Luther King corridor. He concluded the Master Plan should be followed. Joyce Baker, 430 SW 6th Avenue, recalled Boynton Beach was the gateway to the gulfstream with the best fishing fleets. The City is now mixed-use and has not followed the Master Plan developed 28 years ago and was trying to emulate Atlantic Avenue in Delray. She did not feel the Fire Department and Police Department should be at the north end of the City and the - 27- Commission should help all its residents, Commissioner Ross clarified that COWBRA was not within the City of Boynton Beach. Victoria Castello, accountant and licensed real estate broker, related that a vibrant downtown would help every district within the City. Harvey Oyer, 512 N. Seacrest Boulevard, suggested all the proposals be rejected and a price for the property across the street from the current City Hall be ascertain to erect a class A public service building to house police, fire, communication and civil defense areas. It could be financed through a bond issue and paid for over a twenty year period. Barbara Ready, 329 SW 13th Avenue, opined the proposals were excellent ideas and they could be combined to come up with one concept. She reminded the Commission that only one proposal addressed the Master Plan. A vibrant downtown would add to the quality of life for all citizens. Karen Luttrell, 346 SW ih Avenue, expressed concern of moving City Hall or the police facility out of the downtown area. Both are a landmark for the area and any movement would allow the surrounding areas to deteriorate and crime increase. Jim Williams, 4776 N. Classical, Delray, pointed out the downtown Master Plan includes two sites for City Hall, beside the Library or the Ocean One site. James Brake, 710 SW 2ih Terrace, appreciated the work that had been done, but felt the City facilities should be kept downtown and would improve Boynton Beach overall. Patricia Fitzpatrick, 101 SW 4th Avenue, saw the plans as an opportunity to revitalize downtown. The safety factor is a huge issue and City Hall would be an anchor to the area. She admonished the Commission should be responsive to the citizens. Brian Edwards, 629 NE 9th Avenue, suggested the entire RFP should be reviewed and did not think the Master Plan should be ignored. The police facility in a retail area did not make sense to him and he felt it would create more problems, especially in the long term. The location beside Fire Station #5 was a possibility because the police deserved some independence. Making the downtown more vibrant was the responsibility of the Commission and the citizens. A new City Hall and police facility was needed and the voters should decide the issue. LuLu Dacamara, 836 East Drive, asked the Commission to adhere to the Downtown Master Plan approved in January of 2009 at considerable expense, time and effort. The plan was to keep the City Hall downtown and use the Old High School as an anchor. Warren Timm, 130 NE 26th Avenue, proposed the police facility should be centrally located to have fast access to all citizens. Nancy Hogan, 37 Hibiscus Way, Ocean Ridge, a taxpayer in Boynton Beach, a real estate broker, CPA and a Masters in Public Administration, was disappointed with the process. She stressed the Commission should not be afraid to offend a developer and listen to the citizens. Government has to be prudent spending taxpayer dollars but has to take risks in areas with high crime and low incomes. - 28 - Buck Buchanan, 807 Ocean Inlet Drive, debated the location of the Police Department since the police patrol and enforce the law on the streets. The location was important to economic development and the greatest opportunity for growth would be the downtown area. Mr. Buchanan felt moving City Hall from downtown would be devastating to the area. Commissioner Weiland confirmed with Attorney Cherof that the goal was to find flexibility to select those elements of the proposals the Commission wanted to accomplish. Special conditions of the RFP empower the Commission to pick and choose portions of the proposals. Vice Mayor Hay envisioned City Hall downtown on US 1 and the location of the Police Department could be anywhere within the City. Commissioner Ross surmised the Emergency Operation Center (EOC) was moved to the High Ridge location and the Police Department should be there also. Mr. Bressner remarked the property was bought in 2003 for that purpose before the downtown plan was approved. Commissioner Ross concluded it was a very reasonable approach for a municipality to consider a public safety complex. She did not favor moving City Hall out of the downtown area. Commissioner Weiland asked for Chief Immler's input. The Chief agreed that very few officers are in the station because they are out on patrol. Even detectives are out doing investigations. The Police Department had outgrown the current facility many years ago. The hallways are now storage closets. Mayor Taylor favored the public safety complex concept. As far as City Hall, he did not have a problem with keeping it in the downtown area; however, he would not agree with the proposal submitted without more cost information. Commissioner Rodriguez agreed with moving the police facility, but there was an opportunity for economic impact on the east side and the citizens have a need to go to the Police Department so it should be centrally located. He favored keeping the Police Department in the Downtown Master Plan district. Attorney Cherof suggested the first motion should be to reject the proposal from the Patrinely Group as being non-responsive. Motion Commissioner Weiland moved to reject the proposal of the Patrinely Group for the reason being they were non-responsive. Vice Mayor Hay seconded the motion. The motion passed 4-1. (Commissioner Rodriguez dissenting) Motion Commissioner Ross moved to identify two proposals for final consideration for the Police Department and the two would be Urban and Renaissance Commons, for staff to do final analysis and feedback so the Commission could make an informed decision. Motion failed for a lack of second. Motion - 29- Commissioner Rodriguez moved to table the matter for a younger day. Vice Mayor Hay seconded the motion. The motion failed 2-3. (Mayor Taylor, Commissioners Weiland and Ross dissenting) Motion Commissioner Weiland moved to ask staff to enter into, I guess it would be contract talks with Renaissance Commons to move the Police Department to Renaissance Commons. Commissioner Ross seconded the motion. The motion passed 3-2. (Vice Mayor Hay and Commissioner Rodriguez dissenting) 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Herb Suss, 1711 Woodfern Drive, emotionally described the recent Veterans Day ceremony and the monuments in Bicentennial Park. He thanked the City for their recognition of the Veterans. Don Scantlan, 13 Cedar Circle, joined in Mr. Suss's comments and thanked Chuck Magazine as the liaison for the Veterans Commission. He commended Tom Kaiser for the work he has done for the Veterans and the City for their support. Mayor Taylor announced there would be another ceremony on December 7 at 12:30 dedicating a monument for Pearl Harbor. No one else coming forward, Mayor Taylor closed the public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Commissioner Rodriguez moved to table all appointments. Commissioner Ross seconded the motion. The motion passed unanimously. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the Minutes from the City Commission meeting held on November 3, 2009. B. Approve the sole source purchase of two (2) L1FEPAK-15 cardiac monitorldefibrillators from Physio-Control Inc, located in Redmond, WA, for a total expenditure of $56,492.27. - 30 - C. PROPOSED RESOLUTION NO. R09-174 -- Approve an Interlocal Agreement between Palm Beach County and the City of Boynton Beach for joint participation and project funding for the construction of the bridge on Lawrence Road from south of the C. Stanley Weaver Canal to north of the C. Stanley Weaver Canal. The cost to the City is $48,583.20. D. PROPOSED RESOLUTION NO. R09-175 -- Approve an Agreement with Arts and Culture Group, Inc. to implement the Jaycee Park Interpretive Public Art Markers Project for $154,090. Commissioner Ross pulled item 6.D for discussion. E. Accept the monthly report on the major projects being completed by the Recreation and Parks Department. F. Approve a motion to accept the written report to the Commission for purchases over $10,000.00 for the month of October 2009. Motion Vice Mayor Hay moved to approve the Consent Agenda with the exception of Item 6.D. Commissioner Ross seconded the motion. The motion passed unanimously. 6.D. PROPOSED RESOLUTION NO. R09-175 -- Approve an Agreement with Arts and Culture Group, Inc. to implement the Jaycee Park Interpretive Public Art Markers Project for $154,090. Commissioner Ross noted it was a matching grant application and staff had worked hard to accomplish the project. Debby Coles-Dobay, Public Art Administrator, was pleased with the grant from FIND (Florida Inlet Navigation District). Motion Commissioner Ross moved to approve Proposed Resolution No. R09-175. Commissioner Weiland seconded the motion. The motion passed unanimously. 7. CODE COMPLIANCE & LEGAL SETTLEMENTS None 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. - 31 - Attorney Cherof administered an oath to all those intending to testify on any of the public hearing items. A. Sunshine Square Phase I, (SPTE 09-011), Site Plan Time Extension, located at 501 East Woolbright Road. Request approval for one (1 )-year site plan time extension for a major site plan modification (MSPM 08-002) and conditional use (COUS 08-001) development order that was approved on March 18, 2008, thereby extending approval from September 18, 2009 to September 18, 2010. The Planning and Development Board recommends item be approved. Applicant: Jeff Zito, Land Design South. Kathleen Zeitler, Planner, reviewed the request for a site plan time extension to obtain a building permit. The extension would be to September 18, 2010 with the justification of economic conditions. Staff recommended approval and that all the previous conditions apply. The Planning and Development Board recommended approval also. Jennifer Vail, Land Design South, advised the applicant agreed with the Conditions of Approval. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner Rodriguez moved to approve Item VIII.A. Commissioner Ross seconded the motion. The motion passed unanimously. B. De Filippis Pool Variance, (ZNCV 09-007), Zoning Code Variance, located at 1006 SW 26th Avenue. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 1 1, Supplemental Regulations, E. Swimming Pools, requiring a minimum setback of 8 feet from any property line, to allow a setback of 1 foot from the rear property line, for a variance of 7 feet, for a proposed swimming pool within the R-1-AA Single-family Residential zoning district. The Planning and Development Board heard this item on October 27th and forwards it with a recommendation of approval. Staff recommends approval based primarily on lot depth and layout, and the history of variance approvals within the neighborhood. There are no conditions of approval recommended by staff or the Board. Applicant: Andrew DeFilippis. Ms. Zeitler reviewed the location of the property and request for a seven-foot variance for a pool and a rear setback of one foot. There is 8-10 foot of grassy area from the property line to the seawall. Similar variances have been approved in the area. Staff and the Planning and Development Board recommended approval. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. - 32 - There was agreement with the applicant to consolidate the three requests for hearing. C. Seacrest Surgical Center, (ZNCV 09-003), Zoning Code Variance, located at 2314 South Seacrest Boulevard. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 6 (A) (3), requiring 39 parking spaces to allow the provision of 36 parking spaces, for a variance of 3 spaces, for a proposed medical office building addition within the C-1 Office Professional zoning district. The Planning and Development Board recommends the item be approved. Applicant: Styperek Enterprises, Inc. D. Seacrest Surgical Center, (MSPM 09-006), Major Site Plan Modification, located at 2314 South Seacrest Boulevard. Request approval of a major site plan modification for the construction of a 760 square foot addition to an existing 7,040 square foot building, zoned C-1 Office Professional zoning district. The Planning and Development Board recommends the item be approved subject to all staff comments. Applicant: Styperek Enterprises, Inc. E. Seacrest Surgical Center, (ZNCV 09-004), Zoning Code Variance, located at 2314 South Seacrest Boulevard. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11 (d) (19), requiring a 30 foot front setback, to allow a 23 foot setback, for variance of 7 feet, for a proposed medical office building addition within the C-1 Office Professional zoning district. The Planning and Development Board recommends the item be approved. Applicant: Styperek Enterprises, Inc. Ed Breese, Principal Planner, reviewed the requests for a major site plan modification for a 760 square foot addition and variances for parking and a front setback of seven feet. Two operating rooms were planned to be added that would require less parking spaces than a practitioner's office. A parking survey was completed by the applicant. The building facades have been maintained. However, the variance is a direct result of actions on the part of the applicant and would not meet the hardship criteria. Staff supported commercial and office redevelopment and business retention and growth. Past variances had been granted using more than the initial criteria by placing emphasis on economic potential trends and needs of businesses and impact on adjoining property owners. Staff determined the parking is underutilized, the design minimizes site impacts, promotes tree preservation and does not adversely impact surrounding properties. The appearance of the building will not be negatively impacted or the Seacrest corridor. The encroachment is minimal. An alternative for the applicant might be relocation. Staff recommended approval, subject to the Conditions of Approval. Juan LeNorris, Architect for the project, indicated the applicant was in agreement with the Conditions of Approval. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Commissioner Weiland disclosed he had spoken with the applicant six weeks ago. Motion - 33 - Commissioner Weiland moved to approve the parking variance. Vice Mayor Hay seconded the motion. The motion passed unanimously. Motion Vice Mayor Hay moved to approve the major site plan modification. Commissioner Weiland seconded the motion. The motion passed unanimously. Motion Commissioner Weiland moved to approve a variance for seven feet from the 30 foot front setback. Commissioner Ross seconded. The motion passed unanimously. F. PROPOSED ORDINANCE 09-044 - FIRST READING -- IPUD Zoning District- Marine-Oriented & Water Dependent Uses, (CDRV 09-008). Request to amend the Land Development Regulations, Chapter 2, Zoning, Section 5. L., changing the intent section to promote water access and recreational opportunities with accommodation of uses including marine-oriented and water-dependent uses, and establishment of development regulations for implementation. The Planning & Development Board recommends that the item be approved, subject to consideration of limited exterior display for sales purposes, water conservation and treatment requirements be reasonable considering the actual use of the water, provisions to allow the temporary residing on a boat, and an increase in allowed heights based on the spatial needs for boat storage. Applicant: City- initiated. Attorney Cherof read Proposed Ordinance No. 09-044 by title only. Mike Rumpf, Planning and Zoning Director, reviewed the text amendment to support the comprehensive plan and state laws governing manatee protection, working water fronts, public access, recreation and economic demands. The intent is to amend the Land Development Regulations to maximize land use availability and protect residential neighborhoods from negative impact. The amendment would increase the IPUD mixed- use opportunities or use potential in certain segments of the Federal Highway corridor. There is a specific tie to the preferred site category included in the Palm Beach County Manatee Protection Plan. The entire waterfront would have certain zones. The regulations include site standards, operational standards, landscaping regulations and design standards. Comments from the public were reviewed along with staff's recommendations. Mayor Taylor voiced concern about any residency on boats. Mr. Rumpf noted the current regulations prohibit anyon-board residency. Commissioner Weiland would support a temporary, two or three-day occupancy, but not year-round house boats. Mayor Taylor suggested the issue be examined more closely before second reading of the ordinance. Mr. Rumpf concluded that staff recommended the changes because it continued to maintain the integrity of the Infill Planned Unit District and further initiatives of the City and State in terms of waterfront access and manatee protection. Mayor Taylor opened the issue for public hearing. - 34 - Warren Timm, 130 NE 26th Avenue, suggested a time limit should be set for overnight accommodation for boaters. Mark Karageorge, 240A Main Boulevard, supported the proposed ordinance because it assisted with water conservation efforts and increased economic development. Bonnie Miskel, representing a property owner within the preferred area, and proposing to convert their property to a high-end, luxury marina was in favor the proposed changes. EPA would not grant permits for any docks without the preferred area designation. New technology in equipment would lessen noise and damage to the boats, but would require the additional height to be utilized. Ms. Miskel also indicated that overnight residency may be needed to accommodate work schedules at the marina and the boat owners. She did suggest that the height extension be minimized with perimeter trees to screen the building. Nancy Chandler, was concerned about the height increase in an IPUD and any future impact it may have. The IPUDs are sprinkled throughout the City in single-family neighborhoods and compatibility should be considered. It should be carefully monitored. Motion Commissioner Weiland moved to approve Ordinance 09-044. Commissioner Ross seconded the motion Vote Deputy City Clerk Pyle called the roll. The vote was 5-0. G. PROPOSED ORDINANCE NO. 09-045 - FIRST READING Request to adopt the 2009 update of the Capital Improvements Element (CIE) of the City's Comprehensive Plan for submittal to the Department of Community Affairs (DCA). Attorney Cherof read Proposed Ordinance No. 09-045 by title only on first reading. Hanna Matras, Senior Planner, explained the Capital Improvement Program was approved as part of the budget process. The program was re-formatted for the Department of Community Affairs. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Vice Mayor Hay moved for approval. Commissioner Ross seconded the motion. Vote Deputy City Clerk Pyle called the roll. The vote was 5-0. H. PROPOSED RESOLUTION NO. R09-176 -- Approve Land Development Agreement between the City of Boynton Beach and Gulfstream Gardens, LLC - 35 - that involves a revised City process for expediting site reviews and modifying surety requirements. Attorney Cherof read Proposed Resolution No. R09-176 by title only. He explained the resolution should be adopted at the next meeting since two public hearings were required. Michael Weiner, on behalf of Gulfstream Gardens, advised the project would employ many people to construct a 300 unit project that could commence as early as April, 2010. The project began in 2005 when land prices were very high. The land acquisition was completed in October, 2005 and the project moved through the development process. The site was included in the CRA area. There would be 32 buildings between Dixie and Federal Highway with 308 market rate units. $2.4 million has been spent and the project has not gone vertical. Mr. Weiner felt that economic feasibility could be demonstrated to the lenders. He reviewed the requests of the applicant as follows: Confirm a permit application fee of $182,000 has been properly credited. Permit application fees remaining be based on fee structure of September, 2006 Project designed based on a private water, sewer system, paving and drainage Release of a $440,000 bond for improvements Off-site bonds be in a nominal amount Confirmation that Art in Public Places fee would not apply Capacity reservation fee would not apply Parks and Recreation fees be based on fee structure of October, 2005 Commissioner Weiland commented he would be in favor of the agreement, but may have questions at the second public hearing. Mayor Taylor questioned why a private water and sewer system and Mr. Bressner responded the idea was to not put public requirements on private property and accommodate the developer by streamlining the process. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Attorney Cherof advised no action was required other than to have the public hearing. I. PROPOSED RESOLUTION NO. R09-173 - FIRST READING - Designating a Portion of the Community Redevelopment Area a Brownfield. (Tabled on November 3, 2009) MOTION Vice Mayor Hay moved to remove Item 8.1 from the table. Commissioner Ross seconded the motion. The motion passed unanimously. Attorney Cherof read Proposed Resolution No. R09-173 by title only. Mayor Taylor opened the issue for public hearing. Lulu Dacamara, 836 East Drive, complained legal descriptions were not attached to the map and the map was not legible. She was concerned the resolution had been signed by the Commission at the November 3, 2009 meeting when it was tabled and the proposed brownfield area included more than commercial and industrial properties and the two projects in the Heart of Boynton. - 36 - Attorney Cherof clarified the signed resolution would have no effect because two hearings were required. Mayor Taylor stressed the designation was a development tool and any property owner had the right to opt out of the brownfield area. Vivian Brooks, Assistant Director of the CRA, advised the areas were of high re-development interest, commercial and industrial. The high redevelopment interest area would be the downtown and Heart of Boynton. Any area designated as mixed use in the CRA would be included using the City's latest, GIS layer. Commissioner Rodriguez recalled that information would be sent to all property owners in the area so they can opt out of the designation. Nancy Chandler, 914 NE ih Street, reviewed the history of the brownfield designation for commercial, industrial, three Heart of Boynton projects in progress and no residential areas. Legal descriptions were discussed and agreed they would be provided. The residents do not want to have to prove their property is not toxic. Buck Buchanan, 807 Ocean Inlet Drive, Chair of Greater Boynton Beach Chamber of Commerce and Past President of INCA advised both organizations had supported the brownfield designation for the commercial and industrial areas. The high redevelopment areas included the mixed-use designations also. It is an extremely important development tool and action should be taken. Jim Knight, 740 Havana Drive, Boca Raton, advised the brownfield designation was important to his project at the Gulfstream Mall. Property owners can opt out of the designation and it would not mean their property is contaminated. It provided an opportunity for federal funding based on the designation. Brian Edward, 629 NE 9th Avenue, did not understand the change in direction by the Commission on the issue of the brownfield and did not agree with the police facility being placed in a strip mall. Commissioner Ross was frustrated with the lack of trust the citizens had in the Commission and noted many citizens, other than those present, had offered opinions and insight that had to be considered. Motion Mayor Taylor passed the gavel and made a motion to approve Proposed Resolution R09-173 on first reading. Commissioner Weiland seconded the motion. Commissioner Rodriguez inquired about the time period residents had to opt out of the brownfield designation. Attorney Cherof advised there was no time period, unless the Commission wanted to set a deadline. Ms. Brooks interjected financing was an issue due to the prior use, not an economic development overlay. Due to the number of property owners, notification would be problematic. She advised public meetings had been held and information provided. - 37 - Mark Karageorge, 240A Main Boulevard, contended the designation was an economic tool and after more than two years of discussion, economic development should be the priority. Keeping and attracting businesses in Boynton Beach should be the objective and the designation was a tool to accomplish that goal. The motion passed unanimously. 9. CITY MANAGER'S REPORT A. Accept report on canal and waterway ownership, dedication, and maintenance; and establish canal and waterway maintenance policies. 10. FUTURE AGENDA ITEMS A. Proposed Ordinance No. 09-009 Amending the Comprehensive Plan Future Land Use Map classification from Medium Density Residential to Industrial. (New Urban High Ridge LUAR 09-001) (Tabled to December 1, 2009) B. Proposed Ordinance No. 09-010 Rezoning a parcel of land located on the northwest corner of High Ridge Road and Miner Road from Planned Unit Development (PUD) to M-1 Industrial District. (New Urban High Ridge LUAR 09- 001) (Tabled to December 1, 2009) C. Consider request from the Town of Briny Breezes seeking relief from: 1) Annual contract adjustments in the current Police and FirelEMS Services contracts and2) WaterlSewer charges. (Tabled on October 20, 2009) 11. NEW BUSINESS None 12. LEGAL A. PROPOSED RESOLUTION NO. R09-177 -- Accept Deed from the CRA and declare and formally accept the additional right-of-way required for the widening of Boynton Beach Boulevard Extension, east of Federal Highway. Attorney Cherof read Proposed Resolution No. R09-177 by title only. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner Weiland moved to approve Resolution No. R09-177. Vice Mayor Hay seconded the motion. The motion passed unanimously. 13. UNFINISHED BUSINESS A. Review of application packet and process for CRA appointments. City Commission is asked to review the application materials and selection process for appointment of a seven-member Community Redevelopment Board. The - 38 - timeline for the appointment of the CRA Board per Ordinance 09-030 is subject to the discretion of the City Commission. Motion Commissioner Ross moved to table Item 13.A. Motion Commissioner Weiland moved to table Item 13.A to the first meeting in January. Commissioner Ross seconded the motion. The motion passed 4-1. (Commissioner Rodriguez dissenting) 14. ADJOURNMENT There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 11 :59 p.m. (Continued on next page) - 39 - CITY OF BOYNTON BEACH Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor Ronald Weiland, Commissioner Jose Rodriguez, Commissioner ATTEST: Marlene Ross, Commissioner Janet M. Prainito, CMC City Clerk Judith A. Pyle, CMC Deputy City Clerk - 40- MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, DECEMBER 1,2009 Present: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor Ron Weiland, Commissioner Jose Rodriguez, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross Mayor Taylor called the meeting to order at 6:30 p.m. Vice Mayor Hay gave the invocation. Commissioner Ross led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof announced there was a written request from High Ridge Development, New Urban High Ridge LLC, to remove on second reading Items 12.A and 12.B under Legal. Also Item 6.A should be moved to Legal for reading of the resolution. Mayor Taylor announced the City Manager requested Item 6.D be tabled for further study. Attorney Cherof requested that Items 12. F and 12. G be switched to hear the fresh water canal issue first. Commissioner Weiland suggested based on discussion of Item 2.A that two additional items be added to the agenda to discuss use of the current City Hall and the site and possible scenarios for financing. 2. Adoption Motion Commissioner Ross moved to approve the agenda as amended. Vice Mayor Hay seconded the motion. The motion passed unanimously. 2. OTHER - 41 - A. Request for Reconsideration by Commissioner Ronald Weiland. At the September 14, 2009 City Commission meeting the City Commission approved submittal of a referendum question for the March 2010 ballot regarding funding of a new police facility. Commissioner Weiland has requested that this item be placed on the December 1, 2009 agenda for reconsideration, discussion and action. Motion Commissioner Weiland moved to reconsider Item 2.A. Commissioner Ross seconded the motion. The motion passed unanimously. Commissioner Weiland offered his opinion the Commission was elected to make decisions on behalf of the City, for the citizens and there was no reason to send the issue to referendum. He had spoken to Mr. Comparato and the Commission had heard four proposals to substantiate due diligence and reduce the cost from $36 million to $15 million. The decision was the most fiscally responsible choice. He estimated by moving forward as soon as possible the Police Department could be relocated by September 2010; three months for construction plans, one month for permit review, one month to 45 days for competitive bidding, four months to building out and receive certificate of occupancy. The first nine months would be rent free during construction and the lease would include the first six months rent free with the exception of the common area maintenance. Commissioner Weiland estimated the budget for 2010 would be $141,000 for the maintenance. By doing this, the City would save money and the Police Department would have a new facility they could use and improve efficiencies in the most economical way. He also mentioned by removing the police facility referendum, the Old High School referendum would have a greater chance of success. Motion Commissioner Weiland moved to deny this going forward with a referendum question on the ballot in March and moving forward with negotiations as whether it is a lease or buy and how we are going to finance it. Commissioner Ross seconded the motion. Vice Mayor Hay indicated his previous decision and rationale was based upon the decision to go forward with a referendum and the previous Commission's vision to have the Police Department and Fire Station #5 at the High Ridge location. He still supported City Hall in the downtown area. Based on the current economics, he would support the Police Department in Renaissance Commons. Commissioner Rodriguez disagreed with Commissioner Weiland that due diligence had not been done and he had many questions relating to moving a Police Department into a retail building. He noted Commissioner Weiland had changed his mind from statements made during the budget meetings and he alleged for obvious reasons. The purpose of the referendum was to give the citizens an opinion and vote on tax dollars. His discussion with police officers indicated the police did not want to move to the location. He speculated that those arrested for crimes would be intermingled with restaurant patrons and shoppers. Commissioner Weiland requested clarification of the obvious reasons alluded to by Commissioner Rodriguez in his remarks. Commissioner Rodriguez replied it was common knowledge that Mr. Comparato had made campaign contributions to Commissioner Weiland for the last two campaigns. Commissioner Weiland corrected the statement that contributions - 42- were made in only one campaign. Commissioner Rodriguez asserted Commissioner Weiland had related to him that Mr. Comparato would not make any campaign contributions to his current campaign until the votes were in. Commissioner Weiland pointed out, not only he, but also others had received campaign donations and if offered again he would accept the contribution. His decision was being made on behalf of the City of Boynton Beach and not on the outcome of his campaign in March. In spite of Mr. Comparato's previous contributions, Commissioner Weiland noted he had voted against two of Mr. Comparato's projects in the past. Mayor Taylor stressed public disclosures had been made before the proposals were heard. He noted the Police Chief had indicated any location would be acceptable. Commissioner Ross added any location of a Police Department would create a merging of criminals and residents, even the current location. Mayor Taylor opened the issue for public comments. Nancy Chandler, 914 NE ih Street, liked the proposal to build next to the EOC and Fire Station. It made more sense to build where the City already owned the land. Cliff Montross, 109 SW 18th Street, agreed with Commissioner Rodriguez. He thought the choice of location was crazy. Terri Lonegan, 45 Rutland Lane, President of the Meadows Homeowners Association, did not understand the justification to spend $15 million or $20 million of taxpayer money without a referendum. She thought a dollar amount should factor into whether a referendum was required or not to be fiscally responsible. Renaissance Commons with retail shops was not appropriate for a Police Department. Commissioner Ross indicated she had received calls questioning the need for a referendum. Commissioner Rodriguez reported he had not received any calls on the referendum issue. Jeff Lis, 945 Isles Road, recalled the Commission had previously decided to take the issue to referendum and now one Commissioner wanted the issue reconsidered. The best proposal submitted was presented by the Patrinely Group. Other alternatives may be possible and the voters should be given the opportunity to consider those proposals. He suggested the City Hall move to the Old High School and the Police Department expand into City Hall. Commissioner Ross recollected when the initial decision on the referendum was made, further discussion on the issue was included before a final decision was made. Attorney Cherof clarified a referendum requires an ordinance and the issue would have come before the Commission for two readings of the ordinance before it would be final. Harry Woodworth, 685 NE 15th Place, was delighted it was going to referendum and appalled it now was not. In only 90 days the citizens would decide the issue if the referendum went forward. Mayor Taylor summarized that everyone agreed the cost was the right decision for the taxpayers and the argument is with the location. He felt confident a referendum would pass because people support public safety. Commissioner Weiland explained he had changed his mind on the referendum because the cost figures were submitted and the economic climate dictates it is time to move forward. - 43 - Commissioner Rodriguez asked Chief Immler his preference of the four locations proposed in the RFP. Chief Immler's choice was a free standing building. Vice Mayor Hay maintained the referendum was important to hear the people. Don Scantlan, 13 Cedar Circle, supported the referendum and concluded the decision on the location was made with the understanding that the issue would be going to a referendum vote. Many options were not considered such as maintaining the status quo and no monies spent. The RFP was written for a new building and other options may be possible. The options available if the referendum failed were not pursued. Mayor Taylor indicated it was understood the Commission had the option to do nothing with every issue. Commissioner Ross remembered during budget discussions that other projects were delayed to accommodate a new police facility. Commissioner Rodriguez recalled the City had taken a stance against taxation of the citizens by removing the police station out of the budget and issuing a referendum. The current plan would tax the citizens again. Dr. Piotr Blass, 113 W. Tara Lakes Drive, commended the Commission for moving forward and the City deserves a new City Hall and Police Department. Many residents also believe a university within the City would be beneficial. Mayor Taylor repeated the motion was to not go to referendum and move forward and work on an agreement with Renaissance Commons and the City. Commissioner Weiland and Commissioner Ross agreed with the Mayor's summarization. The motion passed 3-2. (Vice Mayor Hay and Commissioner Rodriguez dissenting) Commissioner Weiland wanted to further discuss possible financing scenarios or leasing packages. Mayor Taylor suggested the City Manager and the Renaissance representative discuss the issues and bring the information back before the Commission. Mr. Bressner only had preliminary numbers. B. Informational Items by Members of the City Commission Commissioner Rodriguez announced after much consideration, collaboration and frustration he had decided to run for Mayor and had filed the necessary papers. The citizens of the City had voiced the need for changes and his executive management experience, along with entrepreneur experience was needed to guide the City through tough economic times. Commissioner Ross offered best wishes to Commissioner Rodriguez. Commissioner Weiland advised he would not comment on Commissioner Rodriguez's statements to him on why he was running for Mayor. Vice Mayor Hay advised he had attended the 49th Annual Legislative Conference in Orlando for Mayors. A great deal of information was shared including the fact Florida would lag behind the rest of the nation in economic recovery. Commissioner Ross reported she had been at Intracoastal Park with the Green Community Alliance to present certificates and Go Green mugs. She thanked Carisse LeJeune and all the - 44- staff members involved. She also announced a dedication ceremony for the sculpture of "When Are You Coming to Visit" on Thursday, December 10th at 5 p.m. at City Hall. The purpose of the sculpture was to bring awareness to the community of the neglect of the elderly. Another Art in Public Places program would also present the Graffiti Mural Program on Thursday, December 1ih from 5 to 7 p.m. at 209 NW 9th Court. - 45 - 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement of the Holiday Extravaganza. B. Announce Holiday Boat Parade. Kathy Biscuiti, Special Events Director, announced the Holiday Extravaganza on December 5th and the parade commencing at 5 p.m. The parade would be followed by a tree light ceremony and Menorah and Kwanzaa display. At 7 p.m. the Gloria Gaynor concert would commence. Food vendors would be available along with trolley services. No pets allowed. On December 11th the Holiday Boat Parade would be held starting at 6:30 p.m. with viewing at the Boynton Harbor Marina. Vendors would be available with ample parking on Ocean and Federal. C. Permission to announce the City's receipt of the 2009 Digital Cities Award. Phyllis Koch, Director of ITS and Alan Karjalainan, Webmaster, announced the City won 5th place within cities of the same size in the National Digital Cities Award competition. The City has placed in the top ten all four years of the competition. The intent is to use the web site to extend City Hall out to more citizens 24 hours a day. D. Presentation by the Mayor, on behalf of the City, to the Sand Sifters Volunteers of the Year Award recipients. Jody Rivers, Parks Superintendant, announced the Volunteer of the Year for the Sand Sifters, a voluntary organization who cleans the beaches, adopts parks and does outreach programs for after-school and private businesses. They have donated thousands of hours to clean the environment. The award recipients were David Wagner and Michael Hallis. Mayor Taylor presented the certificates and commended their efforts in keeping the City clean. E. Presentation of Certificates of Completion to Vice Mayor Woodrow Hay and Commissioner Marlene Ross for completion of the Institute for Elected Municipal Officials. Mayor Taylor presented Vice Mayor Hay and Commissioner Ross with a certificate of completion of the Institute for Elected Municipal Officials 18 hours of instruction. He read a letter that was included from Jeff Henry, Executive Director of the John S. Dailey Institute. Mayor Taylor added his congratulations and thanked the participants. Vice Mayor Hay believed attendance should be a requirement of all elected officials to share the concepts and ideas and recommended all officials attend the classes. Commissioner Ross agreed with Vice Mayor Hay and thanked the Florida League of Cities for offering the classes. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Mack McCray, 806 NW 4th Street, complained the mural painted at Sara Sims Park was done for the cultural values in District 2 and the picture in the middle resembles an ape. Other - 46- citizens had complained the painting was degrading and Mr. McCray declared the residents of District 2 were not all about music or basketball. The District has lawyers, doctors, nurses, preachers and many professionals. As an African-American, Mr. McCray opined the mural was degrading to District 2 and the City of Boynton Beach because they were not derived from apes or gorilla. He inquired about the process and expressed his displeasure with the display. Mayor Taylor explained the mural was discussed on several occasions since funding was an issue and it was approved by the Arts Commission. A major part of the mural was painted by a local man from District 2. Mr. McCray contended public opinion relating to the design should have been sought. He demanded the mural be corrected. Vice Mayor Hay suggested modification may be a possibility. Debby Coles-Dobay, Public Art Administrator, explained the project was coordinated with the Youth Violence Prevention Program and many flyers were distributed in the community to patrons and community leaders. A group of graffiti artists were hired that worked with the youth from around the area and came up with the concept after several workshops. The Arts Commission also discussed the theme and gave direction to the artists to portray music, sports and heroes. The artists were 12 years to 19 years with a total of 30 to 40 participants. Jermaine Johnson, a local resident, volunteered to help and he sketched the idea that was used. Ms. Coles-Dobay monitored the work and received no complaints. Commissioner Rodriguez was aware that many of the participants were from the community and he realized it would be difficult to please everyone. There were many attempts to include the community. Ms. Coles-Dobay added the character referred to was a scratcherlDJ with glasses and a hat. Commissioner Weiland knew it would be difficult to tell Jermaine that his contribution was not accepted and have the piece modified. Vice Mayor Hay had passed by the mural on several occasions but had not focused on the individual characters. He did think it should be modified if possible and he offered to speak with others in the community and discuss the issue with the artist. John McGovern, 2620 Spiceberry Lane, complained there was very little progress in accomplishing full disclosure of public information. He wanted the entire agenda to be more accessible to those who attended the meetings through the website. Mr. Bressner explained the size of the files has been problematic and a smaller version of the agenda would now be posted on the website as well as the full agenda and backup materials. Mr. McGovern thought the City should publish on their website a list of the candidates and their financial disclosures. The issue was the City being prohibited from nurturing one point of view on a referendum or ideological issue, and did not relate to candidate political information. Mr. McGovern threatened to have 100 people each week call the City Clerk's office and request the same information. He stressed there had to be efficiency, effectiveness and full disclosure. Mr. Bressner explained it was a process of using existing technology and not buying additional software to get the information on the website and available to the public. Patricia Lynch-O'Conner, 25 Lake Circle Drive, also requested that the election information be made available on the web site. Mr. Bressner reiterated the information would be made available as soon as possible. Cliff Montross, 109 SW 18th Street, clarified he was concerned about municipal government and had participated in local government for many years. He wanted to see the City grow. - 47- Victor Norfus, 261 N. Palm Drive, announced the Heritage Celebration in the Heart of Boynton. The community would be holding their annual Gospel Fest, a fund raiser, with local artists. It should be a spiritual and exciting experience for everyone. It would be held at the Carolyn Sims Center, 225 NW 1ih Avenue from 2 p.m. to 5 p.m. Everyone was invited to attend. Mr. Norfus commented on the mural and agreed the image in the middle was not very flattering. The mural was a good addition to the neighborhood, but it needed to be tasteful. Mark Karageorge, 240A Main Boulevard, suggested the Men's Choir perform for the fund raiser and Heritage Fest. Dr. Piotr Blass, 113 West Tara Lakes Drive, wanted Boynton Beach to become the model city for the United States. He suggested all the candidates for Mayor have constructive debates how to improve the City of Boynton Beach. No one else coming forward, Mayor Taylor closed the public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Taylor reported staff recommended delaying the appointments to allow for adequate time for review. Motion Vice Mayor Hay moved to table the appointments. Commissioner Ross seconded the motion. The motion passed unanimously. Attorney Cherof advised the board members were to serve until replaced. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by theCity M anager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. PROPOSED RESOLUTION NO. R09-178 -- Adopting fees for building and construction related activities in the City of Boynton Beach. (To be addressed as Item, 12.G) B. PROPOSED RESOLUTION NO. R09-179 -- Supporting Tri-Rail, providing for a suggested funding mechanism. C. Approve applying for a Department of Housing and Urban Development (HUD) Consolidation Appropriation in the amount of $294,000 to renovate the 1913 Schoolhouse Children's Museum and Learning Center. - 48 - PROPOSED RESOLUTION NO. R09-180 -- Approve amending the FY 2009/2010 CIP to include the $294,000 expense and grant reimbursement. Upon award, the City will have five years to complete the renovations. D. PROPOSED RESOLUTION NO. R09-181 - Approve Interlocal Service Boundary Agreement initiating a long-range annexation plan. (This item was tabled) E. Approve expenditure of $27,506.85 for annual renewal of Grants Network Master License and Service Agreement with eCivis. F. Approve submittal of a "Revolving Energy Fund for Municipal Facilities" project to the Department of Energy for the Energy Efficiency Conservation Strategy (EECS) and remaining award of the Energy Efficiency Conservation Block Grant (EECBG) Commissioner Ross pulled Item 6.F for discussion. Motion Vice Mayor Hay moved to approve the Consent Agenda with the exception of Item 6.F. Commissioner Rodriguez seconded the motion. The motion passed unanimously. 6.F. Approve submittal of a "Revolving Energy Fund for Municipal Facilities" project to the Department of Energy for the Energy Efficiency Conservation Strategy (EECS) and remaining award of the Energy Efficiency Conservation Block Grant (EECBG) Commissioner Ross had pulled the item for a presentation by Patrick Gleason from CDM. Carisse LeJeune, Assistant to the City Manager, presented to Commissioner Ross, on behalf of the Boynton Beach Community Alliance, a certificate of appreciation for acting as liaison and for supporting the efforts of creating a more sustainable City of Boynton Beach. Commissioner Ross noted it was an important issue for her as she campaigned and it meant a great deal to her to see the progress that has been made in making the City a "green" community. Patrick Gleason, CDM representative, spoke on the Energy Efficiency Conservation Block Grant and development of the strategy for the Climate Action Plan. There are three components; the development of the strategy, green house gas emission inventory and then the climate action plan. The City received $250,000 and the purpose is to assure receipt of the remaining $408,000 from the Federal government. The current focus would be the Energy Efficiency Conservation Block Grant and the recommendations for funding. The recommendations were $75,000 slated for administration, $250,000 for a municipal revolving energy loan fund. The current plan is to install energy efficient lighting for the Hester Center Community Park. The savings from any improvements will replenish the revolving energy loan funds for future use. Then, $63,000 would be to cover the cost of developing the overall strategy and the development of a cap. Most of the funds would be used for interior energy improvements. The cost analysis would need to be submitted by the City to assure obtaining the $408,000. - 49- Motion Commissioner Ross moved to approve submittal of a "Revolving Energy Fund for Municipal Facilities" project to the Department of Energy for the Energy Efficiency Conservation Strategy (EECS) and remaining award of the Energy Efficiency Conservation Block Grant (EECBG). Vice Mayor Hay seconded the motion. Mr. Bressner was hoping the light poles could be replaced for hurricane protection to category five. Mr. Gleason noted the lighting would be provided from a sole source vendor that would not create a delay. Mayor Taylor questioned when the energy savings would break even with the cost of replacement. Mr. Gleason was not sure a ten year return would equal the cost, but greenhouse gas emissions would be reduced and energy credits would be earned. Attorney Cherof suggested further explanation be given on the $195,000 paid to CDM to fill out forms. Ms. LeJeune indicated the procurement bid process was followed and CDM was chosen and approved by the Commission. The motion passed unanimously. 7. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Ratify or modify the decision of the Code Compliance Board to reduce the fine in Code Compliance Case 08-1695 (City of Boynton Beach vs. The Estate of Ann Woods Love). Scott Blasie, Code Compliance Administrator, explained the applicants had purchased the property at a tax sale and paid $15,000 in unpaid back taxes. Given the improvements made on the property and the fact the purchasers did not cause the liens to be assessed, the applicants requested the reduction. Commissioner Rodriguez was in favor of the private sector stepping in to take over foreclosed properties and improving them to further beautify the community. He supported lowering the fine to administrative costs to entice other private citizens to come forward and do the same thing. Mayor Taylor agreed and noted the idea of fines was to gain compliance of the violations. The applicants did an outstanding job and have spent over $18,000 on the property. Commissioner Ross concurred. - 50 - Motion Vice Mayor Rodriguez moved to reduce the lien to the administrative costs of $634.12. Commissioner Ross seconded the motion. The motion was unanimous. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED RESOLUTION NO. R09-173 -- SECOND READING - Designating a Portion of the Community Redevelopment Area a Brownfield. Attorney Cherof read Proposed Resolution No. R09-173 by title only on second reading. This would be the second of two public meetings. Mayor Taylor opened the issue for public hearing. LuLu Dacamara, 836 East Drive, reiterated her concern was the map and requested the map attached to the resolution be legible. Warren Timm, 130 NE 26th Avenue, informed the Commission he had previously owned a commercial brownfield property in another state. He could not covey title until the Department of Environmental Protection cleared the property. Every property owner should be informed by the City about the option to opt out of the brownfield designation. Commissioner Rodriguez clarified that the original motion included a provIsion for every landowner being notified of the option to opt out of the designation. Victor Norfus, 261 N. Palm Drive, did not want the entire Heart of Boynton to be considered brownfield. The residents needed to be notified of their right to opt out. Many felt the designation was solely to expedite quick building and would ultimately bring down their property values. Nancy Chandler, 914 NE ih Street, contended the residents should not have to opt out. If the mixed-use areas are included she questioned how a condo on the 5th floor could opt out. She read a prepared statement that is attached to the minutes indicating only commercial, industrial and three existing project areas in the Heart of Boynton would be included in the brownfield designation. The new resolution was vague, included mixed-use and residential and did not include a legible map, legal descriptions or any notification provisions. Ms. Chandler alleged the designation would decrease property values and change potential use. It also could result in future eminent domain action. She suggested only commercial and industrial properties be included and not include any mixed-use specifically stated in the resolution. Legal descriptions of the brownfield properties should be included as well as a large legal map and legal notification to all properties. Mr. Rumpf clarified Harbor Hall condos are included as a mixed-use land use. The boundary was drawn to eliminate single-family land use classification. The townhomes or multi-family residence were not removed from the mixed-use category. Ms. Brooks added within the Heart of Boynton there is residential and commercial. The State statute has specific incentives for - 51 - affordable housing and high priority redevelopment areas were included. The map was created using the land use map. Mark Karageorge, 240A Main Boulevard, supported the designation because it was an economic tool to revitalize areas and compete with other cities for new businesses. Patricia Lynch-O'Connner, 2111 SW Lake Circle Drive, expressed concern with the notice that it should be easily understood by all residents. Jeff Lis, 945 Isles Road, alleged the brownfield designation was a double-edged sword. Where applicable, it worked, but where not applicable, it created burdens on ownership and fee simple title. He suggested the canals be included as brownfields to assist in the canal dredging. Runoff from the street and sediment in the canal is a brownfield condition at the bottom of the canals. Caution should be taken. Harry Woodworth, 685 NE 15th Place, agreed the designation for commercial properties would be helpful to clean up those sites. The brownfield designation for a residence would result in a minimum $2,700 environmental assessment plus any clean up costs. Jim Knight, 740 Havana Drive, Boca Raton, supported the brownfield designation to assist him with a large project within Boynton Beach. Individuals can opt out at any time. The designation is an economic tool and can be a very positive designation. Buck Buchanan, 807 Ocean Inlet Drive, felt there was agreement that commercial and industrial properties would benefit from the brownfield designation. He suggested designation of the mixed-use properties be further investigated while the other designations proceed to assist development. Commissioner Rodriguez did not want to move forward with the designation if its current scope included mixed-use. Ms. Brooks understood the Commission had decided the priority areas of redevelopment were the downtown, a mixed use area, and Heart of Boynton, a residential, commercial and industrial area, plus Federal Highway Corridor, a commercial and mixed-use area. Commissioner Weiland was in favor of the brownfield designation to assist redevelopment. There were many questions and careful consideration needed. Spot designations may be a viable solution to assure the impact is minimal on the residents. Mr. Buchanan hoped a modification would be possible to avoid commencing the process again. He wanted the Commission to consider why any residential area would be designated mixed-use. Mayor Taylor opined it was a strong economic tool to develop Federal Highway and much of the area is mixed-use. Attracting businesses to the area needed to include incentives to help with clean-up costs and tax credits to assist developers. The option to opt out is in place to protect residents and notification can be accomplished. Vice Mayor Hay agreed with Mayor Taylor it was a development tool in the Heart of Boynton and it would entice developers. The Federal Highway Corridor is mixed-use and the residents have the opportunity to opt out and will be notified more than once. - 52 - Motion Commissioner Rodriguez moved to approve brownfield designation only for commercial, industrial and the Heart of Boynton, being MLK and Seacrest, as a Phase I approach and consider other designations as needed. The immediate need is the commercial, industrial and the Heart of Boynton, MLK and Seacrest, wherever the designation of the Heart of Boynton. Commissioner Weiland seconded the motion. Vice Mayor Hay would support the motion with a timeline on the mixed-use designation. Commissioner Rodriguez asked Legal to research the issue. Commissioner Weiland emphasized all property owners would be notified and meetings would be held. The notices should be sent return receipt requested. It was suggested the utility bills be used for notification also. Mayor Taylor suggested the first meeting in February to review the mixed- use designation. The motion passed unanimously. Attorney Cherof noted the motion would amend Exhibit A to Resolution R09-173. Motion Commissioner Rodriguez moved to approve Proposed Resolution R09-173 as amended. Vice Mayor Hay seconded the motion. The motion passed unanimously. Commissioner Rodriguez pointed out the motion covered the original proposal agreed to by the citizens. B. PROPOSED RESOLUTION NO. R09-176 - SECOND READING - Approve Land Development Agreement between the City of Boynton Beach and Gulfstream Gardens, LLC that involves a revised City process for expediting site reviews and modifying surety requirements. Attorney Cherof read Proposed Resolution No. R09-176 by title only on second reading. A marked copy of the last version of the agreement that the City worked on in response to Mr. Weiner's document presented at the last Commission meeting was distributed. Mayor Taylor opened the issue for public hearing. Michael Weiner, on behalf of Gulfstream Gardens, announced significant progress has been made. The outstanding issues were a private water and sewer system, all dates being consistent with December 1, 2014, elimination of the $1,000 day penalty since the agreement is sufficient, questions about the back-flow service preventer, and Florida Statute 553.791 not to apply. The City would be reviewing any vertical construction. Jim Grotis, Engineer, only had technical issues with the back-flow and not any concerns with the language. Mr. Weiner advised the project was planned to commence in the first quarter of 2010 translating to an increase in jobs and tax rolls. Mr. Bressner advised there would be no objection to eliminating the $1,000 per day penalty. Attorney Cherof wanted it clear that under the Statute authorizing development agreements it is clear a developer's agreement cannot take the place of a Comprehensive Plan provision or a Land development Regulation. There was nothing in the agreement that would trump any - 53 - existing provIsions of the Land Development Regulations. Mr. Weiner agreed. Attorney Cherof deferred to staff on the issue of the private inspection and Florida Statute 553.791. Commissioner Weiland wanted assurance that random inspections be allowed to protect the citizens of Boynton Beach. Mr. Weiner replied all vertical construction was the same as any other project and the City would be involved. The standards would be reviewed and if conflict arose, a method of mediation was included in the agreement. Mr. Bressner pointed out that revised building permit fees would allow the option for private inspections to all developers. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner Rodriguez moved to approve Proposed Resolution R09-176 contingent on the final agreement document being signed. Commissioner Weiland seconded the motion. The motion passed unanimously. 9. CITY MANAGER'S REPORT A. PROPOSED RESOLUTION NO. R09-182 -- Approve a piggyback of the City of Palm Bay contract (contract # 39-0-2007/SB) extended through 7-31-10 with Aquifer Maintenance and Performance Systems, Inc. (AMPS, Inc.) with the same terms, conditions, specifications and pricing. This contract will be utilized for well rehabilitation services at an estimated annual expenditure of $350,000. Kofi Boateng, Utilities Director, explained the purpose of the contract was to maintain the water wells and restore the capacity of the water wells and improve performance. There are 29 production wells and two aquifer recovery wells used to store water during the wet season. Motion Commissioner Rodriguez moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. 10. FUTURE AGENDA ITEMS A. Consider request from the Town of Briny Breezes seeking relief from: 1) Annual contract adjustments in the current Police and FirelEMS Services contracts and 2) WaterlSewer charges. (Tabled on October 20, 2009) B. Review of application packet and process for CRA appointments. City Commission is asked to review the application materials and selection process for appointment of a seven-member Community Redevelopment Board. The timeline for the appointment of the CRA Board per Ordinance 09-030 is subject to the discretion of the City Commission. (Tabled to January, 2010) 11. NEW BUSINESS None 12. LEGAL - 54 - A. PROPOSED ORDINANCE No. 09-009 -- SECOND READING -- New Urban High Ridge, (LUAR 09-001), Land Use Plan Amendment IRezoning, located at Northwest corner of High Ridge Road and Miner Road. Request to amend the Comprehensive Plan Future Land Use Map classification on +13.66 acres of land from "Medium Density Residential" to "Industrial". Applicant: New Urban High Ridge LLC. (Tabled on August 4,2009) (This item was removed) B. PROPOSED ORDINANCE No. 09-010 -- SECOND READING -- New Urban High Ridge, (LUAR 09-001), Land Use Plan Amendment IRezoning, located at Northwest corner of High Ridge Road and Miner Road. Request to rezone from Planned Unit Development (PUD) to M-1 Industrial. Applicant: New Urban High Ridge LLC. (Tabled on August 4,2009) (This item was removed) C. PROPOSED ORDINANCE No. 09-042 -- SECOND READING -- Recreational Water Surface Policies, (CPTA 09-001), Comprehensive Plan Text Amendment. Amending Policy 1.3.1 (a) of the Future Land Use Element, and to add policies to the Coastal Management Element and the Intergovernmental Coordination Element. Attorney Cherof read Proposed Ordinance No. 09-042 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. (Commissioner Rodriguez left the dais at 9:16 p.m.) Motion Vice Mayor Hay moved to approve. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. D. PROPOSED ORDINANCE No. 09-044 -- SECOND READING -- IPUD Zoning District-Marine-Oriented & Water Dependent Uses, (CDRV 09-008). Amending the Land Development Regulations, Chapter 2, Zoning, Section 5. L., changing the intent section to promote water access and recreational opportunities with accommodation of uses including marine-oriented and water-dependent uses, and establishment of development regulations for implementation. Applicant: City-initiated. Attorney Cherof read Proposed Ordinance No. 09-044 by title only on second reading. Mayor Taylor opened the issue for public hearing. - 55 - Harry Woodworth, 685 NE 15th Place, commented this was the most citizen-friendly initiative. The developer worked with the residents of the community and staff has re-worked the language many times to provide protections for the downstream neighborhoods. It is now restricted to the marine areas that the County established. He extended his appreciation to the City staff. Motion Vice Mayor Hay moved to approve Proposed Ordinance No. 09-044. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. E. PROPOSED ORDINANCE No. 09-045 -- SECOND READING-- Request to adopt the 2009 update of the Capital Improvements Element (CIE) of the City's Comprehensive Plan for submittal to the Department of Community Affairs (DCA). Attorney Cherof read Proposed Ordinance No. 09-045 by title only on second reading. (Commissioner Rodriguez returned to the dais at 9:19 p.m.) Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner Ross moved to approve Proposed Ordinance No. 09-045. Vice Mayor Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. G. PROPOSED ORDINANCE No. 09-047 -- Amending Stormwater Utility Fee to add a twenty-five cent ($0.25) surcharge to the monthly charge per equivalent residential unit (ERU) for a period of two years commencing January 1, 2010 for fresh water canal aquatic weed control maintenance program. Attorney Cherof read Proposed Ordinance No. 09-047 by title only on first reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner Ross moved to approve Proposed Ordinance No. 09-047. Vice Mayor Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. - 56 - F. PROPOSED ORDINANCE No. 09-046 -- Approve Ordinance Amending Stormwater Utility Fee to add a fifty cent ($0.50) surcharge to the monthly charge per equivalent residential unit (ERU) for a tidal canal dredging program. Attorney Cherof read Proposed Ordinance No. 09-046 by title only on first reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner Rodriguez moved to approve Proposed Ordinance No. 09-046. Commissioner Weiland seconded the motion. Commissioner Ross requested further information. Mr. Bressner reported staff was doing a preliminary price study evaluating the source of siltation, impact on boat docks and seawalls and developing a regulatory check list prior to any dredging program. Commissioner Rodriguez contended there would be some preliminary work needed on both canal issues and the cost should be linked to the storm water fee. The City should not incur any costs or fees for either canals. Mr. Bressner advised there was some flexibility with funding to proceed with the vegetation aspect as soon as possible. Mayor Taylor addressed his concerns regarding the legal implications of dredging the canals and damage to seawalls or docks. He also wanted more information about making the canals brownfields and federal funding. Commissioner Rodriguez agreed with Mayor Taylor's concerns, but thought the funds could be allocated and used to support the findings on the issues. Mayor Taylor wanted to table the dredging issue until more information was received. Commissioner Rodriguez desired to move forward with both issues in parallel and address the issues as they arise. Motion Mayor Taylor passed the gavel and moved to table Item 12.F. Commissioner Ross seconded the motion. The motion passed 3-2. (Commissioners Weiland and Rodriguez dissenting) Commissioner Weiland pointed out there were citizens who wanted to speak on the issue that missed the opportunity and asked they be allowed to speak. Drew Zuccala, 1032 Coral Court, appreciated the Commission's quick action. He contended there was debris that could be removed rather than deep dredging. The communities agreed with the fee charged and wanted to get the process moving forward. Attorney Cherof advised Commissioner Rodriguez did not vote on Ordinances 09-042 and 09- 044. City Clerk Prainito called for a vote by Commissioner Rodriguez on Ordinances No. 09-042 and 09-044. Commissioner Rodriguez voted yes on both items. - 57 - Mayor Taylor returned to Ordinance 09-044 and recalled there was a question relating to the height limits. He favored the extension to 60 feet because it was a boat storage. Attorney Cherof advised it was on the record, but on first reading there was no motion to amend to include the provision. Motion Commissioner Weiland moved to reconsider Ordinance No. 09-044. Vice Mayor Hay seconded the motion. The motion passed unanimously. Attorney Cherof explained the height had been discussed on first reading but no amendment to the ordinance on first reading or second reading was made. Motion Commissioner Weiland moved to amend Ordinance 09-044 to recognize the height of 60 feet to be acceptable. Vice Mayor Hay seconded the motion. Commissioner Rodriguez developed the height would be specific to a geographic area. The Planning and Development Board reviewed the item and approved the height to 60 feet and a lesser height would be required for compatibility with adjacent development. Nancy Byrne, Assistant Director of Development, noted staff did not support the height increase due to compatability issues with adjoining uses. Commissioner Weiland felt with landscaping and line of sight, the adjoining properties would be protected. He favored the height increase. Mayor Taylor agreed. Commissioner Ross disclosed she had met with the developer and attorney and discussed the issue. Mayor Taylor opened the issue for public hearing. Harry Woodworth, 685 NE 15th Place, inquired if the height was changed for the entire IPUD area. Mr. Bressner responded it referred only to the IPUD, marine oriented as a specific geographic area north of Gateway to the northern limits. The southern boundary would be Boat Club Park and extending north to the corporate limits on the east side of Federal Highway. Mr. Woodworth expressed disbelief that the amendment was being made for a project that had not been proposed or reviewed by the public. The issue was being brought up when the concerned parties were not present and the applicant had left. Mayor Taylor recalled the topic had been discussed at first reading of the ordinance. Mr. Bressner reaffirmed staff was not supporting the change to 60 feet. The motion failed 2-3. (Vice Mayor Hay, Commissioner Rodriguez and Ross dissenting) Attorney Cherof advised Ordinance No. 09-044 was still an issue with the 45 feet. Motion Commissioner Weiland moved to approve Ordinance No. 09-044. Vice Mayor Hay seconded the motion. Vote - 58 - City Clerk Prainito called the roll. The vote passed 5-0. 6.A. PROPOSED RESOLUTION NO. R09-178 -- Adopting fees for building and construction related activities in the City of Boynton Beach. (Previously moved to Legal 12. G) Attorney Cherof advised because the request involved an Increase In fees it should be addressed under Legal and not a Consent Agenda item. Ms. Byrne explained the requested changes to allow amended fees for temporary certificates of occupancy, plan permit extensions and a bifurcated fee for developers who provide private inspectors. Motion Commissioner Weiland moved to approve. Commissioner Ross seconded the motion. The motion passed unanimously. 13. UNFINISHED BUSINESS None 14. ADJOURNMENT There being no further business to come before Commission, Mayor Taylor properly adjourned the meeting at 9:39 p.m. CITY OF BOYNTON BEACH Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor Ronald Weiland, Commissioner Jose Rodriguez, Commissioner ATTEST: Marlene Ross, Commissioner - 59 - Janet M. Prainito, CMC City Clerk Judith A. Pyle, CMC Deputy City Clerk - 60- MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, DECEMBER 15, 2009 Present: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor Ronald Weiland, Commissioner Jose Rodriguez, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk 1. OPENINGS A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Mayor Taylor Mayor Taylor called the meeting to order at 6:36 p.m. Vice Mayor Hay gave the invocation followed by the Pledge of Allegiance to the Flag led by Mayor Taylor. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor indicated Item 7.A and 8.A were requested to be tabled. Motion Vice Mayor Hay moved to table. Commissioner Weiland seconded the motion. The motion passed unanimously. Motion Commissioner Ross requested tabling Item 5.A., if possible, to the first meeting in January. Commissioner Weiland advised he had received inquiries regarding the appointments. Mayor Taylor added the current members stay active until the reappointments are made. The motion passed unanimously. Commissioner Rodriguez asked to include a presentation regarding the Old High School just before the referendum discussion. Vice Mayor Hay wanted to give an update on the graffiti issue. Mayor Taylor suggested it be placed under 2.C, Informational items by the Commission. 2. Adoption Motion - 61 - Commissioner Ross moved to approve the agenda as amended. Vice Mayor Hay seconded the motion. The motion passed unanimously. 2. OTHER A. Request for Reconsideration by Commissioner Marlene Ross of Ordinance 09- 044 which was adopted on second reading at the December 1, 2009 Commission Meeting. Mayor Taylor noted if the request for reconsideration was approved, the matter would be re- published and brought back at the first meeting in January, 2010. Motion Commissioner Ross so moved. Vice Mayor Hay seconded the motion. The motion passed unanimously. B. Reconsideration of Brownfield Map and area description as Exhibit to Resolution 09-173. Vice Mayor Hay had requested the reconsideration to clarify the confusion relating to the map and pinpointing the lots along Seacrest and MLK Boulevards, one lot deep. Mr. Bressner advised the map displayed was not the map approved by the Commission. The approved map was included in the agenda packet that included the description authorized by the Commission of all properties zoned commercial or industrial, plus all properties located along both sides of Seacrest from the C-16 canal south to Boynton Beach Boulevard and on both sides of Martin Luther King Boulevard between Seacrest and Federal Highway, one lot deep. Mr. Bressner pointed out another issue was whether the Commission wanted to include the residential portions of the property on Seacrest and MLK. Commissioner Rodriguez clarified all color schemes on the map were included in the brownfield designation. Vice Mayor Hay reiterated there seemed to be discrepancies between the understanding of the CRA and the City because maps he received from both entities did not match. Mayor Taylor advised the CRA had to abide by the direction of the Commission. Commissioner Rodriguez noted parcels could be added to the designation. Mayor Taylor reiterated there was the provision for residents to opt out of the designation. Vice Mayor Hay added many of the residents misunderstood the brownfield concept and since time was not an issue, efforts should be made to further explain the designation. Mayor Taylor stressed that homes would not be taken by eminent domain due to the brownfield designation. The State does not allow eminent domain at this time. Commissioner Rodriguez did not think eminent domain was the issue and residential and mixed-use have not been included. Commissioner Weiland reiterated notices would be sent out explaining the brownfield designation and the option to opt out of the designation. Mr. Bressner outlined the areas designated were anything zoned commercial or industrial anywhere in the CRA, any non- industrial or commercial property which is limited to the corridor on Seacrest between the C-16 canal and Boynton Beach Boulevard that does include some residential property, and that portion of Martin Luther King Boulevard between Seacrest and Federal Highway that does include some residential property. Every other residential parcel in the CRA was not included. Motion - 62- Commissioner Rodriguez moved to reconsider. Commissioner Ross seconded the motion. The motion passed unanimously. Motion Commissioner Rodriguez moved to move forward with the brownfield designation and with the attached map. There was also agreement to notify all property owners of the designation so they can opt out if they wish. Commissioner Ross seconded the motion. The motion passed unanimously. Attorney Cherof advised he was working on the notice provisions, using a couple different types of notices to communicate their right to opt out and developed a form they can sign to opt out. The form and notices would be presented at the next meeting. C, Informational Items by Members of the City Commission Vice Mayor Hay referred to discussions relating to the graffiti art on the basketball courts on MLK. He had spoken and met with residents and researched graffiti art. Many emails were sent supporting the mural and no one was offended by the mural. Vice Mayor Hay met with the Arts Commission and Jermaine Johnson, the artist from the community, to discuss his intent and vision. A video on graffiti art was shown and Vice Mayor Hay explained the art form was an expression of the artist, his environment and personality. The young people like Jermaine Johnson should be embraced and encouraged. The art can be beautiful when understood and appreciated. Mr. Johnson was recognized and the dedication of the mural would be held on December 1 ih. Mayor Taylor expressed appreciation for Vice Mayor Hay looking into the issue and bringing the information back to the Commission. Commissioner Weiland wanted to give an annual award to Tia Dobard for her creative use of the name tags used by customers. She made a snowman complete with eyes, arms, mittens, scarf and hat. She is the first person the citizens meet when they enter City Hall and she does a wonderful job. Commissioner Rodriguez reported he had attended the Firefighter's annual Christmas party. It was great to see families interacting and he congratulated the Department. Vice Mayor Hay commended the Arts Commission and Debby Coles-Dobay for the statute located in front of City Hall entitled, "When are You Coming to Visit Me" symbolizing a lack of visitation to our elderly. Society tends to neglect the older generation and art reminds everyone to keep living and not forget others. Commissioner Ross had attended the Forum Club luncheon featuring the National Urban League President. The President spoke on the economy, education, jobs, health care and highlighted the census. The census is very important that all people are counted. The CRA had also announced a small business development program that had a very good response. Mayor Taylor added there would be four sessions and the first session was full. Commissioner Ross noted the classes are on Wednesday evening and a Saturday event. Priority is given to Boynton Beach residents and business owners within the City. - 63 - Mayor Taylor extended thanks to the staff, on behalf of the Commission, for their support throughout the year. He also extended thanks to the citizens and wished everyone Happy Holidays and a blessed Christmas. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Permission to announce the City's receipt of Computerworld's Premier 100 IT Leaders Award Lori LaVerriere, Assistant City Manager shared the news that Phyllis Koch, the ITS Director, received recognition from Computer World magazine as being one of the top 100 IT leaders in the country. The competition is in the public and private sector and Ms. Koch was one of only two public sector IT Directors to receive the award. Ms. Koch thanked the citizens, Commission, and City Manager for making the City a great place to work and creating an environment where staff can be innovative. Mayor Taylor congratulated Ms. Koch and noted she brought pride to the City and herself. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (AT THE DISCRETION OF THE CHAIR, THIS 3 MINUTE ALLOWANCE MAY NEED TO BE ADJUSTED DEPENDING ON THE LEVEL OF BUSINESS COMING BEFORE THE CITY COMMISSION) Herb Suss, 1711 Woodfern Drive, wished everyone Happy Holidays. He gave his year end report card and commended the City Clerk's office for their assistance at all times. He also mentioned the Police and Fire Departments, Golf, Sanitation, Blue Collar and the Maintenance Department, Finance and Park Departments plus the CRA staff for their hard work and dedication. Steven Fleck, 650 Mariner's Way, voiced his concern about the Building Department and City leaders over the issuing of a permit for a dock in his community. The dock was expanded over property the applicant did not own. Attempts to get an explanation were ignored because a lawsuit had been filed and there could be potential liability to the City. Further frustration has resulted because the dock is finished and used daily without any type of inspection and the permit has not been finalized. He questioned how much longer the community would have to wait for answers to their concerns. Victor Norfus, 261 N. Palm Drive, Chair of the Community Relations Board, advised the Board was working very hard to get Boynton Beach High School more involved in City activities such as the holiday parade. Both the cheerleaders and drum corps participated in the event. The Heritage Gospel Fest was held to inspire and encourage the residents to become better citizens. He suggested more effort be made to notify the citizens of decisions and actions being taken by the Commission. Mayor Taylor added the Boynton Choral Group had attended the Boynton Chamber luncheon. They were proud that they had won first place in a national competition held in New York City. Vice Mayor Hay announced the choir would be recognized by the Commission in January 2010. They came in number one in the nation. Commissioner Ross added it was the Dimensional Harmony Group directed by Mr. Sterling Frederick and they are amazing. - 64- Warren Timm, 130 NE 26th Avenue, felt the Commission deserved to make the decisions on major items, especially debt; however, the denial to allow a referendum for the Police Department was not appropriate. The relocation of the Police Department is necessary, but he questioned if it was the proper time to undertake the project. It was essential to give the people a voice in the matter. Victoria Castello, 406 S. Seacrest Boulevard, questioned if there were inconsistencies of the Comm ission acting as the CRA board also. Attorney Cherof replied there was no conflict and a State statute indicates the Commission can serve as the CRA and make independent decisions for that body. Ms. Castello could not access the minutes and asked Commissioner Weiland to restate why he did not support the referendum. Mr. Bressner explained the minutes were not done due to the lengthy meeting, illness and short staffing. Commissioner Weiland could not repeat his statements and preferred to wait for the minutes to review his remarks. Ms. Castello read various comments posted in the media regarding the referendum issue for the police facility. Harry Woodworth, 685 NE 15th Place, commented the City had done many good and bad things over the years. Rewriting the Infill Planned Unit Development (IPUD) was an improvement with citizen and staff input. He was stunned when the height was increased for the IPUD, one of the most important aspects of the regulations. Changing the 45 feet height is a considerable change. There can be variances and site plan reviews for the project. He did not feel it was appropriate to change the entire IPUD area. The applicants for the proposed boat barn should be present to discuss the issue. LuLu Dacamara, 836 East Drive, suggested more help be hired to ease the work load for the minutes or shorten the meeting agendas to reduce the length of the meetings. If the meetings are long, breaks should be taken to accommodate the needs of staff. Don Scantlan, 13 Cedar Circle, thanked the Commission and staff for the dedication of the memorial for Pearl Harbor at Bicentennial Park. It was well attended and a tribute to all veterans. Dr. Piotr Blass, 113 Tara Lakes Drive, was honored by the veteran memorials. He also had spoken to the media about his concept for a university in Boynton Beach. He hoped City Hall would be available for class rooms. Young people need education and it is a main issue. The issue of foreclosures was also a concern and a petition was being circulated for a ten-year moratorium on foreclosures. The Haitian community has constant issues with immigration and jobs. Dr. Blass suggested that a Sister City be established with a city in Peru. Nancy Chandler, 914 NE ih Street, commented on the 60-foot height extension and the fact matters are being presented for reconsideration without any notice to the public. She suggested the agenda include verbiage on reconsiderations to identify the issue more clearly. Commissioner Rodriguez agreed and hoped in the future more information would be provided. No one else coming forward, Mayor Taylor closed the public hearing. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City Advisory Boards. - 65 - (All appointments were tabled.) - 66- 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. PROPOSED RESOLUTION NO. R09-183 -- Award of the "THREE YEAR LEASE FROM CONCESSIONAIRES FOR BEACH EQUIPMENT RENTAL CONCESSION FOR THE OCEANFRONT BEACH PARK". RFP# 008-2730- 10/JA to Oceanside Beach Service, Inc. of North Palm Beach, Florida. Lease payments provided to the City of Boynton Beach for a monthly fee of $2,000.00. B. PROPOSED RESOLUTION NO. R09-184 -- Approve the agreement with the Department of Housing and Urban Development (HUD) for a $294,000 Consolidation Appropriation under Economic Development Initiative-Special Project B-08-SP-FL-0052, authorizing the City Manager to execute all grant award documents. C. PROPOSED RESOLUTION NO. R09-185 -- Authorize the First Amendment to Temporary Construction Easement (TCE) between Palm Beach County and the City of Boynton Beach in support of the City's construction of the new regional force main. D. PROPOSED REOSLUTION NO. R09-186 -- Approve Task Order No. U10-03- 08 with Brown and Caldwell for the Design, Permitting, Bidding and Construction Phase Services associated with the replacement of a subaqueous force from City lift station no. 102, under the Intracoastal Waterway, in the amount not to exceed $73,817, plus a 5% contingency amount of $3,691, bringing the total approved value to $77,508. E. Approve the purchase of four replacement Central Processing Units (CPU) along with a dispatch server and the purchase of one additional radio console for the dispatch center in the amount of $81,562.16. Funds are to be taken from the department's "12.50 account". F. Approve a donation in the amount of $10,000.00 to the St. John Missionary Baptist Church, Family Life Center. The donation is to come from the Police Department's Law Enforcement Trust Fund established pursuant to Florida State Statute 932.7055. This organization is qualified to receive funding as the program provides a drug abuse, drug prevention or safe neighborhood educational component Vice Mayor Hay pulled Item 6. F for discussion. Motion Commissioner Weiland moved to approve the Consent Agenda with the exception of 6.F. Vice Mayor Hay seconded the motion. The motion passed unanimously. - 67- 6. F. Approve a donation in the amount of $10,000.00 to the St. John Missionary Baptist Church, Family Life Center. The donation is to come from the Police Department's Law Enforcement Trust Fund established pursuant to Florida State Statute 932.7055. This organization is qualified to receive funding as the program provides a drug abuse, drug prevention or safe neighborhood educational component Vice Mayor Hay inquired if he could vote on the item since he was an active member at St. John Missionary Baptist Church. Attorney Cherof advised as long as none of the funds donated were used to pay the Vice Mayor's salary or benefits at the church, there would be no conflict. Motion Commissioner Weiland moved to approve. Commissioner Hay seconded the motion. Commissioner Rodriguez inquired if outcome measures were in place to monitor the use of the funds. Vice Mayor Hay appreciated the concept, but the Church had not undertaken that type of tracking. He agreed the Church should establish measures to gain more credibility. A report on the use of funds would be provided. Mayor Taylor indicated State statute requires organizations receiving money to provide an accounting. Chief Immler replied the Church does submit expenditure reports, but there was no provision for outcome measures. Commissioner Weiland recalled that discretionary funding required reports on the use of funds donated. Commissioner Ross highlighted the donation is specifically to the Family Life Center. The motion passed unanimously. 7. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve mediated settlement agreement In the case of Southeast Drilling Services vs. City of Boynton Beach. (This item was tabled.) 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Pro-Golf 1 Mega Mini (ADAP 09-002), Administrative Appeal, located at 2951 SW 14th Place. Request approval for an appeal of an administrative determination that a storage bay shall not be used to manufacture, fabricate or process goods in a self-storage facility in the M-1 Zoning District as indicated in Chapter 2. Zoning, Section 11.0.1.c. Applicant: Michael Weiner, Weiner & Associates, P.A. (This item was tabled.) B. PROPOSED ORDINANCE No. 09-048 -- FIRST READING - Parking requirements for dry boat storage and private marinas (CDRV 09-008). Request to amend Part III, Chapter 2, Zoning, Section 11.H.16(e)(10) to add separate parking standards for private marinas including dry boat storage. This - 68 - amendment is in conjunction with the related amendments to the IPUD zoning district for marine-oriented and water-dependant uses, as processed by Ordinance No. 09-044. Attorney Cherof read Proposed Ordinance No. 09-048 by title only on first reading. Mike Rumpf, Planning and Zoning Director, explained the proposed parking code changes were incorporated in the staff report on the IPUD changes. Motion Vice Mayor Hay moved to approve. Commissioner Rodriguez seconded the motion. Mr. Rumpf reiterated the changed was packaged with the other IPUD changes in addition to the water-related, water-oriented uses. It was proposed to accommodate this type of use that is not accommodated in the current Code. It relates more to active, commercial marinas and does not pertain to dry storage. Vote City Clerk Prainito called the roll. The vote was 5-0. 9. CITY MANAGER'S REPORT A. Motion to approve the purchase of new and replacement vehicles as approved in the FY 2009/10 Budget in the amount of $1 ,518,144. Jeff Livergood, Director of Public Works and Engineering, reported all the purchases of vehicles were bundled into one purchase document. City equipment is a significant portion of the annual budget and the types of equipment and replacement cycles are important considerations to get the best cost over the life expectancy of the equipment. It was anticipated that 61 pieces of equipment would be purchased for a savings under budget of $164,000. The types of vehicles needed are being assessed and a hand-me-down program has been initiated between departments. Commissioner Weiland was pleased with the hand- me-down program. Motion Commissioner Weiland moved to approve Item 9.A. Vice Mayor Hay seconded the motion. The motion passed unanimously. B. PROPOSED RESOLUTION NO. R09-187 -- Approve a piggy-back of the City of Boca Raton Bid# 2008-087 with Sutphen of Amlin, OH in the amount of: $391,402.98 for a purchase of a Sutphen S-3 Shield Series Pumper. Attorney Cherof read Proposed Resolution No. R09-187 by title only. Ray Carter, Deputy Fire Chief, reported the request was for a new pumper for Fire Station #5. The proper staffing of the Station is now complete and the facility is operational. Motion - 69- Commissioner Ross moved to approve Proposed Resolution No. R09-187. Commissioner Weiland seconded the motion. The motion passed unanimously. C. TABLED on 10/20/09 - Consider request from the Town of Briny Breezes seeking relief from: 1) Annual contract adjustments in the current Police and FirelEMS Services contracts and 2) WaterlSewer charges. Motion Commissioner Ross moved to remove Item 9.C. from the table. Commissioner Weiland seconded the motion. The motion passed unanimously. Ms. LaVerriere reviewed the request to reduce the water and sewer rates for the Town of Briny Breezes. The Mayor of Briny Breezes was present. There is currently a 25% surcharge for outside users. In terms of loss of revenue it would be $12,000 to $13,000 in surcharges. It was discovered that historically Briny Breezes had been undercharged on their unit count of 351 versus the 488 that exists. This would equate to a $40,000 per year increase. Even if the surcharge is eliminated the water bill would increase $68,000 due to the increased unit count. Mr. Bressner added staff was not recommending elimination of the surcharge. On the sewer charges there had been a $500 annual capital fee to Briny Breezes for the sewer plant being built. It should have been eliminated many years ago constituting a $20,000 overpayment by Briny Breezes. Staff recommended the $20,000 not be refunded, the $68,000 would not be collected and the billing rate remain the same and continue with the surcharge. Mayor Bennett continued to request the surcharge be eliminated. He pointed out Ocean Ridge requires individual billing while the Town of Briny Breezes has only three master meters to invoice. Pete Mazzella, Deputy Director of Utilities, explained Briny Breezes was unique in that the agreement started as a corporation and had a very low rate on sewer because of participation in the EPA facility back in the 70s. There have been many variables. Mayor Taylor understood the Town's struggle. The City of Boynton has just raised the water rates to all citizens within the City limits. To reduce rates for customers outside the City did not make sense. He favored the staff's recommendation to not refund the $20,000 or seek the under-billed amount of $68,000 and maintain the current outside City rates. Commissioner Rodriguez felt it would be unfair to discontinue surcharges for one area and not others and he supported the Mayor's decision and staff recommendation. Vice Mayor Hay and Commissioner Weiland concurred. Motion Commissioner Weiland moved to approve staff recommendation #3. Commissioner Rodriguez seconded the motion. The motion passed unanimously. D. Proposed Conversion of Current Vehicle Towing Rotation Program to Franchise Agreement Program. - 70- Commissioner Weiland clarified there were now six companies in the rotation rather than the original eight. Ms. LaVerriere advised in January the Commission approved an addendum to extend the existing contracts until December 31, 2009. The options were to continue the rotation program, extend the addendum for another year, consider a franchise or an RFP for a single or multi-vendors to create a revenue source. The last addendum did allow the City to not be charged for Class A fleet tows saving $38,000. The current tow contracts with the rotation are an expense to the City. Staff recommended considering an individual franchise or a non-exclusive franchise to produce revenue. Ms. LaVerriere reported Delray had a single franchise for $162,000 of revenue and Boca Raton has $102,000 revenue a year with two providers. West Palm uses a hybrid with four vendors and each pays $15,000 a year to be part of the program. Coral Springs had three companies paying $8,000 a year. Letters were sent to anybody licensed to operate a towing company notifying them of the Commission meeting. Jim Jennings, Emerald Towing Services, 1370 W. Industrial Avenue, was a current provider for the City of Boynton Beach and one of the dual providers for the City of Boca Raton. He was also the sole provider for Deerfield and one of two for Coral Springs. There are many different scenarios. It is a source of revenue for the City, especially in the current economic climate. He strongly suggested that not only the highest bidder be considered, but also the qualifications of the vendors should be considered. Michael Weiner, on behalf of Westway Towing, asked the options be reviewed carefully and consider the possible revenue that could assist the City of Boynton Beach. A five- year contract could result in $500,000 of revenue. Mr. Weiner contended with the present system the City lost $8,000 to $10,000 when there could be $100,000 or more in annual fees. He urged the Commission to make a decision in the first quarter of 201 O. Commissioner Weiland had not changed his position from the previous year. The current system worked well. A franchise fee would bring revenue to the City, but in his view it created a monopoly. The six tow companies being used depend on the income and a change would jeopardize their business. Commissioner Weiland did want staff to analyze each contractor on the tow rotation and make sure they are meeting all the requirements of the contract. Commissioner Rodriguez commended the tow companies in the rotation because negotiations last year resulted in savings to the City. He did not support using one or two vendors and putting six towing companies at risk of closing. Commissioner Rodriguez supported the status quo. Commissioner Ross voiced concerned there was not more discussion on the revenue that could be generated. The next budget discussion will include looking for new revenue sources and the tow contracts should be considered as a revenue stream. Commissioner Weiland noted if the tow companies close, their employees will also suffer a loss. Vice Mayor Hay clarified there is a current expense of approximately $10,000 annually for fleet tows. If a franchise were entered into it would be with the understanding that all fleet tows are free. Ms. LaVerriere explained if a franchise was used with two vendors, all other vendors would still have tow business. It would only be non-consent tows that would go to the franchise vendor. It was estimated that those tows generate approximately $250,000 a year in business. - 71 - Commissioner Weiland reiterated the agreement negotiated last year resulted in the vendors towing Class A vehicles for free resulting in a $38,000 savings. The current expense for tows is only $10,000 so the City is saving more than it is spending. Commissioner Rodriguez remained amazed that the City could expect vendors to tow vehicles for free. Commissioner Ross suggested postponing any decision until March or April when more budget data was available. Motion Commissioner Weiland moved to extend the tow contract on a rotation basis with the six companies for an additional two years and lock in the prices charged. The citizens will be able to know what is paid for two years. He also wanted to know that staff was going to survey each company and make sure the six contractors fit the criteria for the tow contract. Commissioner Rodriguez seconded the motion for discussion. Ms. LaVerriere pointed out the language in the addendum calls for the adjustment of the rates charged up to the County rate as the standard. Vice Mayor Hay recognized it would not remain a fixed rate. Commissioner Weiland corrected the motion to include the adjustment of the rates charged up to the County rate. The motion passed unanimously. Mayor Taylor thanked Commissioner Rodriguez and agreed with his logic and reasoning regarding the towing contracts. He pointed out that at least one of the towing companies had given Commissioner Rodriguez a campaign contribution and it should have been disclosed prior to voting. The standard of disclosure should apply to all the Commission. E. PROPOSED RESOLUTION NO. R09-188 -- Interlocal Service Boundary Agreement Initiating Resolution with Palm Beach County. Attorney Cherof read Proposed Resolution No. R09-188 by title only. Mr. Bressner explained the resolution would formalize negotiations with the County for a long-range annexation plan. A parallel resolution would need to be adopted by the County. The timeline for the annexation could be one to 20 years. The process would allow for dialogue with the County to improve infrastructures where necessary. Commissioner Weiland recalled he had voted against the analysis for an Interlocal Service Boundary Agreement when it came before the Commission in June 2009 because going west would encounter opposition from many areas, as well as the southeast boundary area. He thought it would be a waste of time and monies. - 72- Motion Vice Mayor Hay moved to approve Proposed Resolution R09-188. Commissioner Ross seconded the motion. Commissioner Rodriguez noted there were pockets within the City that would not extend the boundaries. Mr. Bressner added it was a mechanism to work around the enclave language that prohibited annexation. Ken Lassiter, 6131 Book Lane, President of COWBRA, acknowledged the City of Boynton Beach had annexation clauses in many developments having water service agreements. Most of the agreements were not entered into with the current residents. Some were made with the original developers who are not the current stakeholders. He urged the City not to use the annexation clauses and instead file for referendum action to allow the residents to vote on the annexation. COWBRA would oppose the annexation if the majority of residents voted against any annexation and the annexation clauses were upheld in Court. The motion passed 4-1. (Commissioner Weiland dissenting) F. PROPOSED RESOLUTION NO. R09-189 -- Motion to approve award of Bid #072-2821-09/JA "Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems" to MadsenlBarr Corp. of Lake Worth, Florida and Palm Beach Grading of Lake Park, Florida for a two- year period with an estimated annual expenditure of $250,000.00. Attorney Cherof read Proposed Resolution No. R09-189 by title only. Kofi Boateng, Director of Utilities, explained the contract would avoid any health concerns and service interruptions caused by water or sewer main breaks; particularly those unable to be fixed by internal resources. Vice Mayor Hay commended Mr. Boateng and his staff for providing some of the best water in the State. Motion Vice Mayor Hay moved to approve. Commissioner Ross seconded the motion. Commissioner Weiland heard on national news many areas were experiencing contaminated water supplies. He remained impressed that Boynton Beach maintained the water supply with little or no concerns. Mr. Boateng commended his staff for the work they do to provide the services. The motion passed unanimously. 10. FUTURE AGENDA ITEMS A. Review of application packet and process for CRA appointments. City Commission is asked to review the application materials and selection process for appointment of a seven-member Community Redevelopment Board. The timeline for the appointment of the CRA Board per Ordinance 09-030 is subject to the discretion of the City Commission. (Tabled to January 2010) - 73 - 11. NEW BUSINESS None 12. LEGAL A. PROPOSED ORDINANCE NO. 09-046 -- FIRST READING - Approve Ordinance Amending Stormwater Utility Fee to add a fifty cent ($0.50) surcharge to the monthly charge per equivalent residential unit (ERU) for a tidal canal dredging program. Attorney Cherof read Proposed Ordinance No. 09-046 on first reading. Mr. Bressner noted the Commission had previously tabled the matter for additional information and the estimated cost. Applied Technology & Management (ATM) had estimated an initial cost of $150,000. They also identified other stakeholders that should be involved in the discussions. The decision to be made involved whether an impact study should be done before the rates are raised. Funds are available to cover the study. The policy decision would have to be made depending on the results of the study. The study would require an RFP. Mr. Livergood stressed a dredging program should not be commenced without knowing what is involved. Commissioner Weiland reiterated the Mayor's concerns relating to any damages to docks or seawalls and the liability issue. He suggested the middle of the canal could be dredged remaining a distance away from any docks or seawall. Mr. Livergood agreed it was a concern and the impact on private property needed to be assessed. He further pointed out the dredging would pertain only to the tidal canals. Mayor Taylor was uncertain the City needed to engage in the dredging business and stressed the monies for the study had not been budgeted. He was not in favor of the expense. It would add another tax on the citizens Commissioner Rodriguez stressed none of the canal issue was budgeted and the storm water fees were to be used. The cost of the study could be less depending on the results of the RFP. There was money in the utility fund that could be used now and then allocated back from the fees collected. He contended the Commission should go forward with its original plan and not confuse the citizens with another reconsideration. He opined the dredging program should be dropped completely or get the study done and move forward with the recommendations. Mayor Taylor countered that the decision had not been made. There was a significant difference between maintaining the canals and a dredging program that could cost over $5 million. Commissioner Weiland stressed he did not live on a canal. He was concerned that the canals not only be navigable but also health and safety concerns resolved. Vice Mayor Hay questioned the increase in the estimated cost for the study and Mr. Livergood replied it was necessary if a dredging program was initiated. There would need to be a RFQ because it would be design services. Motion - 74- Commissioner Rodriguez moved to move forward with an RFQ for a study for the dredging program. He added the canal behind his home did not need to be dredged and he would exclude it from any program of the City of Boynton Beach. Commissioner Ross could not support the expense. Commissioner Rodriguez repeated none of the canal fees were budgeted. The increase in the storm water fee would cover the costs. The motion died for lack of a second. Motion Commissioner Weiland moved to not initiate a canal dredging study or program. Commissioner Ross seconded the motion. The motion passed unanimously. B. Provide policy direction regarding scope of March 2010 referendum question regarding Old High School. Barbara Ready, 329 SW 13th Avenue, presented an idea for the adaptive reuse of the Old High School. It would be a mixed-use project with income producing retail and office space as well as community benefit areas. Capital Trust Agency (CTA) that has new market tax credits and historic preservation tax credits had been contacted and both Chevron Corporation and the National Trust for Historic Preservation may be sources for funding. The costs have not been determined and it was suggested that a feasibility study be undertaken by the City. Ms. Ready urged the City to support the project. The CTA advised a 501 (c)4 would give access to the funding and could allow for a forgivable loan. There would also be economic development bond funds available. She urged the Commission to support the project and do a feasibility study to discover the funding sources that may be available. Allen Hendryx, 122 SE 4th Avenue, landscape architect and planner, alleged new market tax credits can be obtained for $6 million and the fractions would remain about the same. Once the City supports the project it would be easier to solicit for donations and develop fund raising mechanisms. The grant monies would be additional. The representative from CTA was not present. Commissioner Rodriguez advised there was money available with new market tax credits. Mr. Hendryx noted the City would retain ownership with a 501 (c)4. Vice Mayor Hay confirmed the funding from the City over a four-year period could be $2 million or much greater. The figures were only guesstimates. Ms. Ready requested the Commission not take the issue to referendum in March. She thought further study was needed and funding sources should be investigated before the voters were consulted. Mayor Taylor disagreed with any bond issue for $5.4 million. It did not even include the greening of the building that could cost another $2 million. A referendum with the numbers submitted would confuse and mislead the public. Commissioner Rodriguez commended the presenters for coming forward with a plan to get the money. Ms. Ready advised the custody of the school would have to be with the non-profit or 501 (c)4 for the duration of seven years and then revert back to City ownership. - 75 - Mr. Hendryx noted the goal was for the building to be self-sustaining and it would include rental areas for office, City services and small boutique retail. There would be the benefits of having a community center in the downtown area. Commissioner Weiland reiterated his opinion that the Old High School should be saved, but did think it would happen. He would make his decision based on the best choice for the City and it will be something totally different he would divulge in the future. Vice Mayor Hay had also supported saving the Old High School, if possible. He needed more time to digest the information. Mr. Bressner stressed the referendum, if any, had to be finalized by the second meeting in January. He agreed with the Mayor that the dollar figure in the referendum had to be realistic before the Commission could decide on the referendum issue. Mayor Taylor suggested the plan be given further study and consideration, but the referendum should move forward with developing the language. He suggested the dollar figure be written out and the language include that an increase in the millage rate may be necessary. Commissioner Ross stressed her decision would be based on the best use of the school if saved. The best use should be the controlling factor. Commissioner Rodriguez emphasized it should be a cultural center and not a revenue source. Vice Mayor Hay contended the presentation was a positive step. John McGovern, 2620 Spiceberry Lane, urged the Commission to review the audio of the September 14th City Commission meeting and amended the motion to reflect the words revitalize or tear it down that were part of the discussion. He supported removing the referendum. The building is currently in a state of neglect. More time is needed to develop plans for the building with the Historic Preservation Committee and address the need for education. Brian Edwards, 629 NE 9th Avenue, reiterated any disposition of the Old High School would not succeed without the total support of the City. It is a cultural center for the City. It will cost money and require a partnership with the City in total support of the efforts. Herb Suss, 1711 Woodfern Drive, suggested waiting until after the March election to allow the new Commission to decide if a referendum should be submitted at the next election so more accurate figures can be determined. Patricia Lynch-O'Connell, 211 SW Lake Circle Drive, offered her perspective it should not be viewed as a stand-alone project. It should be viewed in light of the entire downtown area and its future impact on the entire City. Ms. Smith, 1747 Banyan Creek Court, President of the Boynton Beach Historical Society, encouraged the Commission to look at the proposal as a gift to the City of Boynton Beach. The City needs much more in the way of historical and cultural enterprises and this offers a great opportunity. Victor Norfus, 261 N. Palm Drive, maintained it should be a multi-use facility and the wording of the referendum is very important. It will not be a stand-alone cost. It could be utilized as a small City Hall presence if the City Hall were moved. Mr. Norfus did not support a referendum. - 76- The language should be specific and clearly state the monies will come from other funding sources other than the City. Mayor Taylor stressed the City had no money to spend and next year's budget would have a 15% decrease in revenues. If the City had $2 million, the priority may not be the Old High School. A bond will be required and the voters should know the actual costs. A new cultural center could be built for much less than $8 million. It should be more of an economic base for the area. Victoria Castello, 406 S. Seacrest Boulevard, did not want the building and history of Boynton Beach to be torn down. It should not go to referendum. Motion Commissioner Rodriguez moved to abandon the referendum and give the people of the City an opportunity to save the High School. Mr. Suss had commented about having new Commissioners and this is history and once it is torn down it is gone, it cannot be rebuilt. The police referendum is not on the ballot because it won't pass because people can't afford it. A group wants to help and put a lot of effort in it and they should be allowed to run with it and we do have to get behind them. This Commission has to support it and be advocates for history like the Museum. The motion is to abandon the referendum and work hard with this group to try and make it happen and stop talking about it. Commissioner Ross seconded the motion. The motion passed 3-2. (Mayor Taylor and Commissioner Weiland dissenting) C. PROPOSED ORDINANCE NO. 09-047 - SECOND READING - Amending Storm water Utility Fee to add a twenty-five cent ($0.25) surcharge to the monthly charge per equivalent residential unit (ERU) for a period of two years commending January 1, 2010 for fresh water canal aquatic weed control maintenance program. Attorney Cherof read Proposed Ordinance No. 09-047 by title only on second reading. He noted it was advertised for public hearing. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner Weiland moved to approve. Commissioner Ross seconded the motion. Commissioner Rodriguez respectfully requested the Mayor take the challenge he made about his canal and that either no work be done behind his home or he personally pay for any work done behind his home on this project. Mayor Taylor responded he did not own a canal. It was a public canal. He had no canal for any benefit. Vote City Clerk Prainito called the roll. The vote was 5-0. 13. UNFINISHED BUSINESS None - 77- 14. ADJOURNMENT There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:29 p.m. CITY OF BOYNTON BEACH Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor Ronald Weiland, Commissioner Jose Rodriguez, Commissioner ATTEST: Marlene Ross, Commissioner Janet M. Prainito, CMC City Clerk Judith A. Pyle, CMC Deputy City Clerk - 78 - 6. B CONSENT AGENDA January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF ~ CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10-001 - Approve an Agreement with Broadcast Music, Inc. (BMI) to acquire the licensing necessary to play music for public performance EXPLANATION OF REQUEST: A "public performance" of music is defined in the U.S. copyright law to include any music played outside a normal circle of friends and family. Songwriters, composers, and music publishers have the exclusive right to play their music publicly and authorize others to do so under the copyright law. The playing of music with "all rights reserved", whether it is purchased, broadcast or live musicians that are hired to play in a public setting is prohibited without the appropriate license. Every business or organization must receive permission from the copyright owners of the music they are playing before playing it publicly. BMI is recognized in U.S. copyright law as a licensor of music. BMI currently represents more than 400,000 copyright owners and their more than 6.5 million musical works. HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? This will allow the City, through the Recreation & Parks Department, to continue to offer programs and activities that include copyrighted music. This includes music played at concerts, dances, recreational activities and special events. FISCAL IMPACT: BMllicensing fees are due annually. BMI rate schedule for Local Governments is based on population size. The licensing fee for Boynton Beach (50,001- 75,000) is $608, and is included in the Recreation & Parks Department budget. ALTERNATIVES: Do not renew BMI License. - 79- RESOLUTION NO. RI0- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION BY THE CITY MANAGER OF THE LICENSE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BROADCAST MUSIC, INC. TO ACQUIRE THE LICENSING NECESSARY TO PLAY MUSIC FOR PUBLIC PERFORMANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the playing of music with "all rights reserved", whether it is purchased, broadcast or live musicians that are hired to play in a public setting is prohibited without the appropriate license; and WHEREAS, every business or organization must receive permission from the copyright owners of the music they are playing before playing it publicly; and WHEREAS, Broadcast Music, Inc. (BMI) is recognized in U. S. copyright law as a licensor of music; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to execute a License Agreement with Broadcast Music, Inc., to acquire the licensing necessary to play music for public performances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize execution by the City Manager of the License Agreement with Broadcast Music, Inc., to acquire the licensing necessary to play music for public performances, a copy of which is attached hereto and incorporated herein as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of January, 2010. - 80 - CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) - 81 - BMr Music PerrOlTnance Agreement LOCAL GOVERNMENTAL ENTITIES I LGE I L1-0~ ~11-LGI;J ,. DEFINllIONS (a) LICENSEE shall inClude the name(l Mlity and any Of i!$ oonstituent bodies, departments, agoncies or leaguos_ (b) Premises means buildings, hospitals, airports. zoos, museums. athletic facilities, and recreational facilities, including, but nol limited 10, community centers, parks, swimming pools, and skating Jinks owned and/or operated by LICENSEE and any site which MS lleen llngaged by LICENSEE for use by LICENSEE. (o) Reoordad Music means music which is performed al the Premises by means other than by live musicians who are performing at the Premises, including, but not limited to (1) compact disc, audio record or audio ta~ players (but not includil19 "jukeboxes.); (2) videotape. videOdisc or DVD players; (3) music performed as an accompaniment 10 kareoke; (4) the reception and communication at me premises of radio or lelevision transmi,,;sions whlcll originate outside the Premises, and which are not exempt under th~ CopyMght Law; or (5) a music-on"hold telephone system operated by LICENSEE al the PremiSes. (d) Live Entenalnmenl means music that Is performed at the Premises by musicians, singers arJd/oJ other performers. (e) BMI Repenolre means all copyrighted musical compositions written and/or pUblishao;l by BMI affiliatl;ls or memtle~ of BMI- affiliated foreign performing rights sodelies, including compositions written or publishl;ld during thl;l Term of this Agre",ment and of which BMI has the right to license non-dram<ltlc public perfonn:;mcos_ (~ Evonls and Functions means any activity conducted, sponsored. or presented by or under the auspices of LICENSEE, Excepl as set forth in Paragraph 2 (d) bQlow, .i:::vents- and "Functions. shall Include, but are n011imlted to, aerobics and exercise classes, athletic even IS, dancaG and other social events, concerls, feslivals, arts end crafts Fairs, and parades held under the auspices of, Or sponsored or promoted by, LICENSEE on the Premises_ (g) speoial Elrenls. moans mus:cal events, concerts, a hows , pageants, sporting events, Festivals, competitions, and other (lvents of limited dur<ltlon pres,,"nted tly LICENSEE tor wllloh the "Oross ReV<>r1ue" (as defined in Sci,edule Bl of such Special Evenl e"ceeds $25.000_ 2. BMI GRANT (a) BMI gJants and LICENSEE accopts a non-excluSive license to perform, plesent or cause t!'le live and/or recorded public performance on the "F'rumises" anu al "EventS" and "Funotions", and not clsowhl)fo or otherwise. non-dramatic renditions of the separate musical cornpositlons in the "BMI Repertoire", Tha performances licensed under this Agreement m~y bo by means of "Live Entertainmont" Qf "Recorded Musi,,". (b) This license does nQI authorize (" the broadoastlng, IOloc:;lstlng or transmission or retransmission by wire, Internel, website or otherwise, of renditiOnS Of musiCal oomposltions In BMl's Repertoire to persons outside of the Premises. other than by means of a music-on-hOld telephOl'le system operat~d by LICENSEE althe Premises: and (2) perfofmanccs by means of background music (such as Muzak) or other services d'illivljrad to the Premises. Nothing in this Paragraph shall be deer11ed to limit LICENSEE's right to transmit rendition" of musical compositions in the BMI Reper10ire 10 those who attend Events or Funclions on th~ F'remises by means of teloconferencing. vldeOconferenoing or similar technology. (c) This license is limiled to non-dJamatic performances, and doos rIOt authorize any dramatic performances. For purposes of this Agreement, a dramatic performance Shall include, but Ilot bo limited to, the following: (1) performanc,," 01 a -dramatico-mus'cal work. (as hereinafter defined) In its entirety; (Z) perfQrmance of OM or more musicaf compositions from a .dramatlco-musical work. (as hereinaf1er defined) ,"ccompanied by dialogue, pantomime, danoa, &lage action, or vi$ual represontation of the work from which l!'le music i:l, taken; (3) performance of one or mote musical compO$itions as part of a story Of plot, whether a<:companied or unaccompanied by dialogue, ~ntomime, danc,,", stage action, or visual representation; and (4) performsnoa of a concert ver3iOn of a "dramalico.musical wor1(. (as hereinarter defined], The term "dremallcD-mllSical work" ,"s used in the Agreement. shall include, but not balimlted to, a musical comedy, opera, play with music, revue, or ballel. (d) This license does not authorize performance$~ (1) at any convention, exposition, trade ShOw, conference, congress, InduSlrlal she>w or similar sctivlly presented by LIcENSEE or on lhe Premises unless it ib pre6ented or spon"ored sololy by and undor lhe au,>picos of LICENSEE, is presontad entiroly on LICENSEE's Premises. and Is not open to l!'Ie general public; (2) by or at colleges and universiMs: (3) at <lny profe:l,siOnal sports events or game playao on the Premis~s; (4) at any p,,"rmanenlly situated theme or aml,lS!lmcnl park owned or operated by LICENSEE; (5) by any symphony or communily orChestra; and (6) or means 01 a coin operated ju~ebox, 3. REVIEW OF STATEMENTS AND I OR ACCOUNTINGS (a) BMI $hall have the tight \0 require such reasonable data necessary in order to ascertein the Annual Lioense I"s,,_ (b) BMI shail hav" Ihe right. by ils authori7.ed representatives. at any time during custom'3ty business hours, to examine the books and records of account of LICENSEE to such extent as may be nece$sary to verify the statements made hereunder, eMI shall consider all d<lla and informalion coming 10 ils attention as a result Of any such exemlnatior, of books and records as completely confidential. (c) eMI shall have the right to edjuS! LICENSEE'S Annual liCenSe Fee based upon Ihe most recen~y available revisod population figUfOS provided by 1he U. S- Census Department Page I (Jf4 - 82 - 4. LATE PAYMENT AND SERVICE CHARGES BMI may impose a lale payment charge of one and o~e.helf percenl (1 \4%) per month, or the maximum rate permitted by lew, whlchev~r is I~ss, from the date paymenl is due on My paymont that is received by 8MI mQle than thirty (30) days afM the due dale, BMI may impose a $25.00 service charge for each unpaid check, draft Or Other means cf payment LICENSEE submits to BMI. 5. 61'111 COMMITMENT TO CUSTOMEI=IIINOEMNlTY So long as LICENSEE is not in default or breach of this Agreement, 8MI agrees to Indemnify, seve harmless, and defend LICENSEE end Its officers, and employees, from and against ",ny and all ClaimS, demand., Or suits that may tie made or brought again.t them with raspecl to the performance of any musioal works WI)lch is licensed under this Agreement at Ihe time of performanoe. LICENSEE agrees to give BMllmmndiele no!ice Of any such claim, demand, or suit, to doliver to BMI any papers pertaining thGre!o, and to coopera:e wilh aMI wi1h respect themto, and BMI shall have full charge 01. tho defense of any such claim, demand, or sui I. ll. BREACH OR DEFAUL.T I WAIVER Upon any broach or default of the terms and conditions contained herein, BMI shall have thG right 10 cancel this Agreement if such breach Or defaull continues for thirty (30) days a~er LICENSEE's receipt of written nQtice thereof. The right to caocel granled 10 BMI shall be In addition to any and all other remedies which BMI may have. NO waiver by 8MI of full performance of Ihis Agreement by LICENSE~ in anyone or more instanCes shall be deemed a waiver of the ri9hllo require full and complete performanc"" or this Agreemenl therea~er or of the righl to cancol this Agreement with !llC> tc>rms of this Paragraph. 7. CANCE1..l.ATION OF ENTIR.E CATEGORY 6MI shall have the right to cancellhe Agreement along with 1M simultaneous cancellation of the Agreements of all other lioon$OOs of the same class and category 8S LICcNSE=, as of the end 0/ any month during the Telm, upon sixty (60) days advance wriUen notice. 6. ASSIGNMENT This IIcensu is not assignable or transferable by operation of law or otherwise. This IIcenso does not aulhorize LICENSEE 10 grant to others i'ny right to perform publicly i~ any mannor any of the musicel compositions licensed und...t thi~ Agre",menl. nor does il authorize any p\,lbllc performanoe. at any of lhe Premises in any mann...r excopt as expres.ly herein provided. 10. NOTICES Any notice under this Agreement will be in w~ling i'nd deerned given upon mailing when sent by ordinary fir~t-c1""s U.S. mail to the party intended, at Hs mailihg address stated. Or any other address which ei(het pariI' may designate. Any such notice sen! 10 BMI shall be to !he attention of the ViCQ President, General Licensing Department at 10 Music Square East, Nashville, TN 37203. Any sucl1 noilce sent to LICENSEE shall be to tho atlention of tho person .igning the Agreement on i..ICENSEE's behalf or such person as LICENSEE may advise BMI in writing. 11. MISCELLANEOUS The facl that any provisions are found by a court of cornpetent jutisdiclion to be void Or unenforceable will not affect the validity or enforoeability of any other provisiollS. Ihis Agreement constitute. the entire understanding I)etween the parties and cannot be waivod or added to or modified orally and no waiver, addilion and modification Shall be valid u'lless in writing end signed by bOth parties. 12. FEES (a) In consideration of the license granted herein. LICENSEE agrees 10 Day BMI a license fee which Includes the total of Ihe "Base License Fee- and any applicable .Speclal Events License I=ee.", all of which shall be calculated in accordanco wilh the Rate Schedule on Page 3. For purposes of this Agreamel'\t, (I) "Base License Fee" means the annual fee due in accordance with Schedule A of the Rale Schedule and beud on LICENSEE's population as eslablishnd in the most recent published U.S. Cansus dala. II does not Include any feus due for Special EV$nt~. (ii) .'Special Evenls License Fees' means the amount due in accordance with Scl1edule B of 1he Rate Schedule when Special Events are presenled by or on behalf of LICENSEE. II does not include any Base Licensa Fee due. (iii) LICENSEES who .are legally organized as slate munlcipai and/or county leagues or state ass"~I,,tlons of municipal and/or COlmly attorneys shall be required to pay only the feB under the Schedule C of the Rate Schedule. Such leagues or as.ociations are nOl subject 10 Schedu Ie A or Schedule B of the Rate Schedule. Foes paid by .ucl1 leagues or associations do not cover pertormances of (he municipality, county. Or other local govomman1 entity represented by lhe league or ,association. SchedUle C fees are not applicable to municipal, county ortother gOverflr"r10nt al1lltles. Page 2 of4 - 83 - 2009 RATE SCHEDULE: FOR LOCAL GOVERNMENTS SCHEDULE A c~eCi( Population -- L1CENSEE'$ PI.>p...'~\lon Base Llcenlie Fee Enter Fee Based Upon Range (-J) Population 1 50000 $305 7 50 001 " 75 000 $606 5608 ,5,001 " 1 09_,0~09 - S731 100,001 125,Q.OO,,~, $975 ....--..... I ;25,001 150000 $1:219 i 150.001 200 000 $1,584 , 200.001 250 000 $1.949 250,001 30_0,009 __$2,317 --- 300.001 " 350,000 $2.682 350001 400,000 $3,049 -- 400,9.91 450,000 $3414 450,001 500,000 - $3 780 - 500,001 " plua $S.133 pIW<$500 lor 0""'Y 100.00Q If 500.001 Q/ more. enter populatio~ (lI"Jplll;'lliM irK;r~.'f1~t Qr j)~fl:il)n tl-..Qrwf obov<: 600.000 wp 10 0 "'O.,mym ilnnuOII ~I:;'G of $60,950 SCHEDULE A FEE $508.00 -- .~. . SCHEDULE B Special Events Fee - (to be reported 9D days after each event", sOe Pllr. 13(d)) The rate for Special Events shall be 1% of Gross Revenue. . "Special Events' means rrusical events, concerts. ShOWS, p"!Jeent$, $porting events. fe.tlvals. competitions, and other events of limil",d dyrlllion pre"entad by LICENSEE lor which Ih", "Gross Revenu';" of suCh Special EVOJ1ls OxCQOOs $25,000. . .Gr~.. Revenue" means all mOI1I~. received by LICENSEE or on ~[C!::NSEE'~ behalf fram Ih~ salo of 1I<:""ts fQr each Special Event H there are no rnonl",~ from thR sala of tickel., "Gros. Revenue" ..hall niAM COr"ltribuliOI1S from the .pOMors Of olhar payments recalved by LICENSEE lor each SpeCial Event_ I SCHEDULE 6 FEE I BMI will ","v!ri. · "'port fo~m to raper! Ytlur 8wnf~' SCHEDULE C State MUlllclpal and/or County Leaguas or State Associations of Attorneys (to be completed If you are a State Municipal and/or County Leagues or State Associations of Attorneys) 1------ TIle Mnualllc9flsB fee for LICENSEES who sre leg~lIy or9"nl~d as stata municipal ar>d/or county lealluBs, or state .S5OGiallons 01 municipal and/or county sltorneyli .hall be $305.00. No Special events fee applies to LICENSEES quslifying under 'his Soh""ule. I SCHEDU LE C FEE I 13. RepORTING (a) Upon the execution of this Agreement, LICENSEE shall Submit: (j) a report stating LICENSEE's population based on the most receI1t published U.S. Census data. The Populiltlon set torth In the rapor'! shell be used to calculate the Sase License f'ee under lhls AgreQment; "nd (ii) a report containing the inlormation set lorth ifi Paragraph 13 (d) below tor.911 Special Events thaI wete presented between lhe effective date or this Aereement and the execution Of this Agreement (t>) Th~ Sase l.icense Fee for Ille first year Qf thiS Agreement and any license lees due fOr Speclal ~vents that were presented between Ihe effecllve dale of this Agreement and the exeC\J!lon of this Agr8emfrnt shall be payable upon l~e execution of Inls Ag reeme~t. (c) Base License Fees rOf SUbsoquonl years shall be due ar\d payable within 30 days of the renewal date of this Agreement and shall be accompanied by" slalemen; confirming whethar any Special Events were presented during tha previous calendar year. (d) Ninety (90) days after the conclusion of each SpeCial Event, LICENSEE shall submit to aMI payment lor such Speciel Even! aOO a repOrt in prir"ltcd or computer readable form Slating: (i) t~e dale presented; (ii) the name ot the anraction(s) appearing; (ili) the "Gross Revenue" ot the event (as defifll'd above); (Iv) the license fee clue for each Speoial Event. ~,L", 0910212005 1872007 f'ago J of 4 - 84 - (e) If LICENSEE pre'>en',>, ,>pOnsors or promote\'> ~ Sp",ci~1 EVent lh~l Is fepQrt~blQ !.Inder R<lle Schedule E\ with another person or entity licenSed under a 8MI License Agreement, LICENSEE shall indicate lhe name, Mdr",ss, phone number ~r>d 6MI account numb",r of the 01her person(s) or ",ntity(ie\'>) and the party responr;ible for paymenl for such Special Event. If the other party ill not licensed by BMI, LICENSEE shall pay the license fee due hereunder, notwithstanding any "'gre(lment to the <;cntrary betvvcer> LICENSEE and tho othor party. (f) LICENSEE "'groos to furnish to BMI, where available, copies of all programs of musical works perlormed, whiCh are prepared for dislribution to the audience or for Ihe use or Information of LICENSEE or any department thereof. The programs sh~11 include ~II encoras to Ihe axtent possible. LICENSEE shall be under no obligation to furnish programs when they have not been otherwise prepared. 14. RATE ADJUSTMENTS IllCENSE FEE FOR YEAR 2010 AND THEREAFTER For e~ch c~lend~r ye~r commencing 2010, all dollar figures set forth in SChedules A, El and C (except the $500 add-on for populations of 500,001 or more) shall be the lioe~6'" (00 for the prac&diJ'lg calendar year, adjusted Itl accordance with the increase in Ihe Consumer Price Index - All Urban Consumers (CPI-U)) between the precoding Oclober and the Mxt preceding October, rounded to the nearest dollar. Any addition~llicen,>f) feas due I"ftsulting from the CPI adjustment shall be p~yable uPOn billing by BMI, 15. TERM OF AGREEMENT This Agreement shall be (or an initial Term of one (1) year, oornrnencing Juna 1,2009 , whiCh shall be considered the effectivo d~te of this Agreement, aM oonlinuing there&lIer (or additional terms of one (1) year each. Either party may give notice of termination to the other no laler that) thirty (30) d"'Y5 prior to the ",nd of the initial or any renewal term. If such nOlice is given, the Agreemenlshall termin"'!e on thllla!lt day of the Term in which notim is giv",n. AGRIeI;:MI;:NT AGRfeEMEN1', mall" at N<lW Yorl<, N.Y. on (D"te wilt lIB (m/..rad by BMI upon .."""ution) b"_,,n BROADCAST MUSIC, INC., a stale 01 N<lw Yort:. corporation with Ila ~rincipal offices al 320 W"st 57''' SI'"el, Naw York, N.Y. \O01~ (herBinBfler -BM!") and IIw legal or lrad.. name r1ese,ib"d below nnd referred 10 mOfeBfter as .L1CENSE,," (the .A~raemenn. ThiS Agreement inGI~d,,~ all Of the term, ~nd eondltlon~ scl 10<11'1 herein, PLEASE RETURN THIS ENTIRE SIGNED liCENSE AGREEMENT TO: BMI, 10 MUSIC SQUARE EAST, NASHVillE. TN 37203 ENTER lEGAL ~E: I.ICEN!;H;O PREIoIISI;S City of 8oynlon Beach (AlllocBlion~ authorized by the LICENSEE) lNIlr.'o1o 01 :Cor,poc:non, Pllrt~nll'lip, Or IM:lr-.i:tlJllil Ov.'lIHr) (Sbflllr M.Jr~;;!.Ij) /Citj;) (3I!a't'l; rz~) ENT!;;R TRAOE NAME: C,ty of Boynton Baach (to1olopMM No.) rF.J1(' Mlm!JM} (D(!ittOc.J:ii"~iIJilQA"Iht.!II""'lI'I""ll {GMt!J1j,/ NlJm~' {TiUtt} CHI;CK APPROPRIATE BOX AND COMPLETE MAILING ADDRESS ilf dlrr.,rcnl frt!"" UI;'I;IIl'~cd Prl$......I$II1:! .6ddn:lu) PO Box 310 fSlrolKll A~dron} Boynlon Boocl1 FL 33425 (C~tJ (S'~I.) (Zip) (561) 742-6255 (TQiQphL1n"No.} cFD:.KNoorflar> Wally Majors Director (C/w.r:INlImQ) n'JItv' o IMlviouaf Ownership o LLC 0 Corporation o LLP D Par1rlership 'SIMt. illlllUlfPC"l:kll'l. If dt'l..11tI'tI flllm tic:ons-e<j f-l~"'IIHI~ (~n1l1r nlll~1I. (l! p8Jtnen) ~ Ollle' Mllnicipality Fed. Tax 10 /I 1"0 BE COMPLETED BY AN AUTHORIZED REPRESENTATIVE OF LICENSEE FOR ADMINIS1"RATIVE USE ONLY ro BE COMPLeTED BY 8MI BROADCAST MUSIC, INC. Slg~alur~ Print Nama / Title FOR 8MI USE ONL. Y _~l~ Accounl No. i 111[]IIlIl~II~ m~llllllllmll mllllllllllllllllllllllll il~lI~~ I ~III 1 m007---.J COlD I. .. 8MI and ,he Music Sland ~ymbol a,,, r"gi.lared lrad~ma(k~ of B'o~oeasl Mu.io. I~e. pagc 4 of4 - 85 - 6. C CONSENT AGENDA January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF ~ CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10-002 - Approve Cooperative Agreement among COALA (Cooperative Authority for Library Automation) member libraries to include the City of Boynton Beach, Town of Lake Park, Village of Palm Springs, Village of North Palm Beach, and Delray Beach Public Library Association, Inc., for the operation of a shared library automation system. EXPLANATION OF REQUEST: The original COALA agreement was approved by Commission in 1984. Currently, four libraries, including the Boynton Beach City Library, share a library automation system (SIRSIDynix Unicorn). This updated agreement "adds" The Village of North Palm Beach Public Library as a member of COALA. HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? This agreement will save the City of Boynton Beach 5% of the overall annual costs that will be split among the five libraries instead of four in FY201 0-2011 and each year thereafter. Current year costs for Boynton Beach are $8,269.35. Based on this amount, Boynton Beach will save about $400-$500 per year beginning next fiscal year. FISCAL IMPACT: There are no additional costs associated with this agreement. The City of Boynton Beach will save 5% of the overall split costs in FY201 0-2011 and each year thereafter. All related annual costs for this fiscal year are in current approved budget. ALTERNATIVES: Do not allow the Village of North Palm Beach Public Library membership into COALA. - 86 - RESOLUTION NO. RI0- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE COOPERATIVE AGREEMENT AMONG COALA (COOPERATIVE AUTHORITY FOR LIBRARY AUTOMATION) THE CITY OF BOYNTON BEACH, THE TOWN OF LAKE PARK, THE VILLAGE OF PALM SPRINGS, THE VILLAGE OF NORTH PALM BEACH AND THE DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC., FOR THE OPERATION OF A SHARED LIBRARY AUTOMA TION SYSTEM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under the original COALA agreement which was approved by the City Commission in 1984, four libraries share a library automation system; and WHEREAS, this updated Agreement will add the Village of North Palm Beach as a member of COALA; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize the Mayor and City Clerk to execute the Cooperative Agreement among the City of Boynton Beach, The Town Of Lake Park, The Village Of Palm Springs, The Village Of North Palm Beach and The Delray Beach Public Library Association, Inc., for the operation of a Shared Library Automation System. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Mayor and City Clerk to execute the Cooperative Agreement among the City of Boynton Beach, The Town Of Lake Park, The Village Of Palm Springs, The Village Of North Palm Beach and The Delray Beach Public Library Association, Inc., for the operation of a Shared Library Automation System, a copy of which is attached hereto and incorporated herein as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. - 87 - PASSED AND ADOPTED this _ day of January, 2010. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) - 88 - COOPERA TIVE AGREEMENT AMONG THE CITY OF BOYNTON BEACH, THE TOWN OF LAKE PARK, THE VILLAGE OF PALM SPRINGS, THE VILLAGE OF NORTH PALM BEACH, AND THE DELRA Y BEACH PUBLIC LIBRARY ASSOCIATION, INC. FOR THE OPERATION OF A SHARED LIBRARY AUTOMATION SYSTEM THIS COOPERATIVE AGREEMENT, is made and entered into this _ day of 2009, by and between the TOWN OF LAKE PARK, VILLAGE OF PALM SPRINGS, VILLAGE OF NORTH PALM BEACH, the CITY OF BOYNTON BEACH, all Florida municipal corporations, and the DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC., a Florida corporation not for profit, all located in the County of Palm Beach, hereinafter referred to as "Participants." WITNESSETH: WHEREAS, each of the Participants presently maintains a free public library; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement for the express purpose of cooperating in the provision of an automated library service which shall benefit mutually and equally the residents of the cities involved. NOW, THEREFORE, in consideration of the mutual premises and covenants herein contained, the participants hereby agree as follows: Section 1. The Participants, in order to provide for the authority to enter into this contract, agree to and acknowledge the following: A. This Agreement constitutes a joint exercise of power shared in common which any Participant could exercise separately. B. The purpose of this Agreement is to provide for the establishment and operation of cooperative automated library services for the mutual advantage of the Participant's municipal residents. The name of the organization that is formed pursuant to this Agreement is the Cooperative Authority for Library Automation ("COALA"). - 89 - C. The City of Boynton Beach will arrange for the purchase of the SIRSI Dynix Unicorn Software (the "Software"). The Participants will share in the costs associated with the purchase and maintenance of the Software, and the server on which the Software and associated information is maintained. Each Participant's share of the annual costs associated with the purchase and maintenance of the Software and server shall be as indicated in Exhibit "A", which is attached hereto and incorporated herein by reference. D. The Participants shall meet annually and at such other times as the Participants deem necessary in order to address any issues related to the use of the Software. E. Each Participant shall designate one representative who shall be the contact person with respect to the operation of the Software and the performance of the Participant's obligations pursuant to this Agreement. F. The Participants shall prepare and submit an operational manual for the use of the Software and server. The Participants may amend the operations manual upon the mutual written agreement of a majority of the Participants. G. It is the intent of this Contract that COALA's major function shall be the establishment of a centralized automated library control service; however, the Participants, subject to the approval of the governing bodies of all Participants, may amend this Agreement in order to provide for additional functions as it may deem in the best interests of the public. H. The annual budget for the performance of this Agreement shall be prepared by the Participants and submitted to their respective Chief Administrative Officers no later than May 1 st of each year as part of each Participants' annual budget. Capital funding and the annual operational budget shall be on the basis of proportional contributions for each Participant. The proportional contributions of each Participant shall be as provided in Exhibit "A" which is attached hereto and incorporated herein by reference. The annual budget shall be funded from available Federal, State and local funds that are available for the Participant's use, and shall be subject to annual budgeting and appropriation by the - 90- Participants' governing bodies. Any capital improvements required in association with the use of the Software shall be computed on the same fair share basis. I. The City of Boynton Beach shall keep an accurate accounting of the financial responsibilities of each Participant, and the Participant's compliance with the terms of this Agreement. The City of Boynton Beach shall provide an annual report to each Participant evidencing the expenditures associated with this Agreement, and each Participant's compliance with its financial obligations. 1. All improvements, fixtures and moveable property to be constructed or installed at the site of the automated library services control center shall be purchased in the name of the City of Boynton Beach, for the use of all the Participants. Upon the termination of this Agreement, any such improvements, fixtures, and moveable property which can be severed without destroying all resale value shall be sold and the proceeds applied toward liabilities of each Participant, if any, or divided among all the Participants at the time of termination of this Agreement as provided in Paragraph K. K. Upon termination of this Agreement, all of the assets and liabilities associated with the performance of this Agreement shall be distributed to all of the Participants who remain a party to the Agreement at the time of termination, pro-rated on the basis of each Participant's investment. L. Neither the Participants nor any of their respective employees shall be deemed to assume any liability for acts, omissions, or negligence of any other Participant's employees, and each shall hold the others harmless from and shall defend the others against any claims for damages resulting therefrom. All liability for injury to personnel and for loss or damage of equipment incurred in connection with this Agreement or in the performance of services or functions pursuant hereto shall be borne by the Participant employing such personnel or owning such equipment, and the Participants shall carry sufficient insurance to cover all such liabilities. This provision shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. M. Each Participant shall retain the right to terminate this Agreement at any time following one year's written notice to the other Participants, and after the effective date of such notice the - 91 - Participant will be relieved of any further obligations under this Agreement, except that nothing herein shall be construed to impair the obligations of any other contract then in effect to which the Participant is a party. N. The Participants are independent entities and are not employees or agents of the other Participants. Nothing in the Agreement shall be interpreted to establish any relationship other than that of independent entities, between the Participants, their employees, agents, subcontractors, or assigns, during or after the term of the Agreement. O. Any other library may become a party to this Agreement, and a party to COALA upon such terms and conditions as are approved, in writing, by all the Participants, which terms and conditions shall be incorporated into this Agreement by amendment. P. All Participants shall allow pubic access to all documents and materials associated with this Agreement in accordance with Chapter 119, Florida Statutes. Q. This Agreement states the entire understanding and agreement between the Participants and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the Participants with respect to the subject matter of this Agreement. R. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney's fees and costs incurred in that proceeding, including appellate fees and costs, in addition to any other relief to which such party may be entitled. Section 2. The term of this Agreement shall be perpetual, subject to the Participant's annual budgeting and appropriation, and shall take effect upon execution by all Participants to wit: TOWN OF LAKE PARK, VILLAGE OF PALM SPRINGS, VILLAGE OF NORTH PALM BEACH, the CITY OF BOYNTON BEACH, and the DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC. This Agreement may be deemed effective upon the concurrence of all Participants in the same manner as the adoption of this Agreement. The Agreement shall be terminated upon the adoption of an amendment to - 92- that effect by all Participants, or in the event that all but one of the Participants have terminated the Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by the duly authorized officers on this _ day of ,2009. - 93 - Witness: (SEAL ) Witness: Witness: Witness: Witness: CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk TOWN OF LAKE PARK Attest: VILLAGE OF PALM SPRINGS Attest: VILLAGE OF NORTH PALM BEACH Attest: DELRA Y BEACH PUBLIC LIBRARY ASSOCIATION, INC. PRESIDENT - 94- Attest: H:\1990\900182.BB\AGM1\AGREEMENTS 2009\COALA Agmt (l2-1-09).doc - 95 - EXHIBIT A The Participants' fair share contributions to the Authority's Annual Budget shall be as follows: FISCAL YEAR 2009 - 2010 Boynton Beach Delray Beach Lake Park Palm Springs North Palm Beach 33% 33% 17% 17% $27,730.88 FISCAL YEAR 2010 - 2011 and all subsequent Fiscal Years Boynton Beach 29% Delray Beach 29% Lake Park 14% Palm Springs 14% North Palm Beach 14% - 96- 6. D CONSENT AGENDA January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF ~ CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10- 003 -- Approve 36-month Agreement with Paetec for existing phone-line equipment and ongoing long distance service. EXPLANATION OF REQUEST: During the last six months, City staff has been working to decrease the City's ongoing phone charges. The City has already received large retroactive credits and ongoing reductions by: . Eliminating some phone lines, . Replacing expensive solutions with lower cost options, . Reducing rates by implementing longer-term agreements in lieu of month-to-month bills, and . Receiving retroactive credits. In addition to using AT&T for local phone service, digital connectivity, etc., the City has been using Paetec for most of our long distance service. The City already has a blanket P.O. for FY 2009-2010 to pay Paetec for both a dedicated trunk-line and long distance calls. The attached Paetec Agreement offers us lower rates, as well as a small credit, by switching from a month-to-month bill to a 36-month Agreement. After surveying several long distance carriers for other options, our outside phone consultant estimated that this Paetec Agreement will save us approximately $7,000 per year over our current month-to-month bills. Once the new Agreement is in place, staff will convert the small number of City phones that are currently with other long-distance carriers to Paetec to add to the savings. - 97- How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Paetec equipment and dedicated phone-lines are already installed and connected to City phone switches. This Agreement requires no new work; it simply lowers ongoing operating costs. FISCAL IMPACT: This proposed Agreement will lock-in equipment costs and long distance rates for three years, and thereby lower the City's month-to-month ongoing operating costs. AL TERNA TIVES: . Continue with Paetec on a month-to-month basis at the current higher rates. . Switch to another long distance carrier. However, this option would entail considerable installation and configuration work for both internal staff as well as both carriers. It might involve unforeseen capital costs. - 98 - RESOLUTION RI0- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A THIRTY-SIX (36) MONTH SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND P AETEC FOR EXISTING PHONE-LINE EQUIPMENT AND ONGOING LONG DISTANCE SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has been working to decrease the City's ongoing phone charges; and WHEREAS, the attached Agreement with P AETEC offers the City lower rates as well as a small credit for switching from a month-to-month basis to a 36-month Agreement; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to approve and authorize the City Manager to execute a thirty-six (36) month Service Agreement between the City of Boynton Beach and PAETEC for existing phone-line equipment and ongoing long distance service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize and direct the City Manager and City Clerk to execute a thirty-six (36) month Service Agreement between the City of Boynton Beach and PAETEC for existing phone-line equipment and ongoing long distance service, a copy of the Service Agreement is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this _ day of January, 2010. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay - 99- Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) - 100 - PAETEC Quote# 227274 09/14/2009 SERVICE AGREEMENT This sets forth the terms of the Service Agreement ("Agreement") made this 14th day of September, 2009, by aod between PAETEC as defined in the PAETEC Staodard Terms aod Conditions of Service ("PAETEC") , aod CITY OF BOYNTON BEACH, a Florida Corporation ("Customer"). The term of this Agreement is for 36 months ("Term"). Customer agrees to a Minimum Monthly Fee of $894.30. All services provided are subject to the terms and conditions below aod on the attached Rate Schedule(s). One P AETEC Plaza 600 Willowbrook Office Park Fairport, NY 14450 CUSTOMER INFORMATION ~ Customer Name CITY OF BOYNTON BEACH Service Address See Attached Service Location Listing Notice Address: 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL, 33435 US Contact Name: John McNally Contact Phone: 561-7426000 Federal LD. or S.S.#: Contact Fax: Tax Exempt: SERVICES BEING PROVIDED BY P AETEC TO CUSTOMER Access Loop Switched 1+ Monthly Recurring Equipment Credit Trunks Toll-Free (8xx) By signing this Agreement, the Customer hereby authorizes PAETEC to provide the Services listed herein and on any/all attachments. Each month Customer shall purchase at least the Minimwn Monthly Fee amount set forth above, calculated prior to application of any taxes or surcharges. This Agreement is subject to and controlled by P AETEC's federal and state tariffs as applicable, and/or by P AETEC's Standard Terms and Conditions of Service and the service specific terms and conditions as located at http://www.paetec.com/notice/legalnotice.html. as such tariffs and terms may be modified from time to time and all of which are hereby expressly incorporated by reference. Information regarding Customer's rights and options pertaining to Customer Proprietary Network Information ("CPNI") is available at <http://www.paetec.comlnotice/cpni.htm1> . The individual signing the Agreement on behalf of Customer is duly authorized to do so. Accepted Bv Customer: Signature: Authorized bv PAETEC: Signature: Print Name: Print Name: Title: Title: Date: Date: This offer is voidable byPAETEC ifnot signed and returned to PAETEC by the 13th day of December, 2009. QA-P-3030-00-LF13 Page I of12 - 101 - PAETEC Quote# 227274 Additional Terms Schedule In addition to the terms and conditions contained in the Service Agreement ("Agreement") between P AETEC ("P AETEC") and CITY OF BOYNTON BEACH ("Customer") and all other schedules thereto, the following terms and conditions apply. These Additional Terms shall take precedence over any conflicting provision of the Agreement, including any conflicting provisions contained on the first page of the Agreement and/or any conflicting provisions contained in the Standard Terms and Conditions ("Standard Terms") or any other Agreement schedule, including those referenced on the P AETEC website. 09/14/2009 QA-P-3030-00-LF13 Page20f12 - 102 - PAETEC Quote# 227274 09/14/2009 Service Location Listinl! Customer Name: CITY OF BOYNTON BEACH 100 E BOYNTON BEACH BLVD, BOYNTON BEACH, FL, 33435, US Service Total MRC Trunks Toll-Free (8xx) Site Total MRC $894.30 Grand Total MRC $894.30 The information set forth on this Service Location Listing sets forth the total Monthly Recurring Charge(s) ("MRC") for each Service Location covered under the Agreement. For a breakdown of the MRC charges for each Service Location, along with site specific Usage Fees and Non-Recurring Fee(s) ("NRC"), please refer to the site specific Rate Schedule for each Service Location. By signing below, Customer acknowledges that it has received and reviewed the site specific Rate Schedule(s) to the Agreement, and agrees to the information set forth therein. Accepted Bv Customer: Authorized bv P AETEC : Signature: Print Name: Signature: Print Name: Title: Title: Date: Date: QA-P-3030-00-LF13 Page 3 of12 - 103 - PAETEC Quote# 227274 Rate Schedule 09/14/2009 Customer Name CITY OF BOYNTON BEACH Sales Agent Name Baker, Philip J Sales ID 274333 Sales ent Phone 100 E BOYNTON BEACH BLVD, BOYNTON BEACH, FL, 33435, Item Rate Ouantitv Total Trunks 20 DID Station Nwnbers * 5.50 1.00 5.50 FSLC Charge * 6.77 5.00 33.85 PRI Tl 850.00 1.00 850.00 Toll-Free (8xx) Toll-Free Access * 4.95 1.00 4.95 Site Total MRC Fees 894.30 I Non Recurring Fees ~ Item Rate Ouantitv Total Site Total NRC Fees 0.00 I Monthly Recurring Equipment Credit ~ Monthly Equipment Credit (200.00) Duration of Credit I Months USAGE Fee** ~ Item Rate Initial Additional Increment Increment Dedicated Long Distance Usage Rates IntraLata 0.01 I 6 sec 6 sec InterState 0.015 6 sec 6 sec IntraState 0.025 6 sec 6 sec Directory Assistance * 1.99 2 Canada * Bronze I 30 sec 6 sec Caribbean * Bronze I 30 sec 6 sec US to International * Bronze I 30 sec 6 sec Switched 1+- Domestic Interstate 0.03 I 6 sec 6 sec IntraLata 0.03 I 6 sec 6 sec IntraState 0.03 I 6 sec 6 sec Switched 1+ - International Canada. Bronze 30 sec 6 sec Caribbean * Bronze 30 sec 6 sec US to International * Bronze I 30 sec 6 sec Toll-Free (8=) - Dedicated Domestic InterState * 0.03 I 30 sec 6 sec IntraLata 0.04 I 30 sec 6 sec IntraState 0.04 I 30 sec 6 sec Toll-Free (8xx) - Dedicated International Canada to US * 0.029 I 30 sec 6 sec US to International * Silver I 30 sec 6 sec Toll-Free (8=) - Switched Domestic InterState * 0.06 I 30 sec 6 sec IntraLata 0.07 I 30 sec 6 sec IntraState 0.07 I 30 sec 6 sec Toll-Free (8xx) - Switched International Canada to US · 0.029 30 sec 6 sec US to International * Silver 30 sec 6 sec Conference Calling 0.14 60 Sec 60 See QA-P-3030-00-LF13 Page 4 of 12 - 1 04 - PAETEC Quote# 227274 09/14/2009 Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant * Rates are subject to change on 30 days notice via a bill message on customer's invoice. .. Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing, go to <http://paeteconline.com>. USAGE Fee** 6415 N OCEAN BLVD, BOYNTON BEACH, FL, 33435, US Item Rate Initial Additional Increment Increment Directory Assistance * 1.25 N/A N/A Switched 1+- Domestic Interstate 0.03 6 sec 6 sec IntraLata 0.03 I 6 sec 6 sec IntraState 0.03 6 sec 6 sec Switched 1+ - International Canada * Bronze I 30 sec 6 sec Caribbean * Bronze 30 see 6 sec US to International * Bronze I 30 sec 6 sec Conference Calling 0.14 60 Sec 60 See Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant * Rates are subject to change on 30 days notice via a bill message on customer's invoice. * * Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing, go to <http://paeteconline.com>. USAGE Fee** 211 NW 13TH AVE, BOYNTON BEACH, FL, 33435, US Item Rate Initial Additional Increment Increment Directory Assistance * 1.25 2 N/A N/A Switched 1+- Domestic Interstate 0.03 6 sec 6 sec IntraLata 0.03 I 6 sec 6 sec IntraState 0.03 I 6 sec 6 sec Switched 1+ - International Canada * Bronze I 30 sec 6 sec Caribbean * Bronze 30 sec 6 sec US to International * Bronze 30 sec 6 sec Conference Calling 0.14 60 Sec 60 See Notes: 1 - Per Minute 2 - Per Call 3 - Per Minute Per Participant * Rates are subject to change on 30 days notice via a bill message on customer's invoice. * * Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing, go to <http://paeteconline.com>. USAGE Fee** 100 E BOYNTON BEACH BLVD, BOYNTON BEACH, FL, 33435, Item Conference Calling Rate Iuitial Additional Increment Increment 1.25 2 N/A N/A 0.03 6 sec 6 sec 0.03 6 sec 6 sec 0.03 I 6 sec 6 sec Bronze I 30 sec 6 sec Bronze I 30 sec 6 sec Bronze 30 sec 6 sec 0.14 60 Sec 60 See Page50f12 Directory Assistance * Switched 1+- Domestic Interstate IntraLata IntraState Switched 1+ - International Canada * Caribbean * US to International · QA-P-3030-00-LF13 - 105 - PAETEC Quote# 227274 09/14/2009 Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant * Rates are subject to change on 30 days notice via a bill message on customer's invoice. .. Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing, go to <http://paeteconline.com>. USAGE Fee** 8020 JOG RD, BOYNTON BEACH, FL, 33435, US Item Rate Initial Additional Increment Increment Directory Assistance * 1.25 N/A N/A Switched 1+- Domestic Interstate 0.03 6 sec 6 sec IntraLata 0.03 I 6 sec 6 sec IntraState 0.03 6 sec 6 sec Switched 1+ - International Canada * Bronze I 30 sec 6 sec Caribbean * Bronze 30 see 6 sec US to International * Bronze I 30 sec 6 sec Conference Calling 0.14 60 Sec 60 See Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant * Rates are subject to change on 30 days notice via a bill message on customer's invoice. * * Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing, go to <http://paeteconline.com>. USAGE Fee** 3501 N CONGRESS AVE, BOYNTON BEACH, FL, 33426, US Item Rate Initial Additional Increment Increment Directory Assistance * 1.25 2 N/A N/A Switched 1+- Domestic Interstate 0.03 6 sec 6 sec IntraLata 0.03 I 6 sec 6 sec IntraState 0.03 I 6 sec 6 sec Switched 1+ - International Canada * Bronze I 30 sec 6 sec Caribbean * Bronze 30 sec 6 sec US to International * Bronze 30 sec 6 sec Conference Calling 0.14 60 Sec 60 See Notes: 1 - Per Minute 2 - Per Call 3 - Per Minute Per Participant * Rates are subject to change on 30 days notice via a bill message on customer's invoice. * * Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing, go to <http://paeteconline.com>. USAGE Fee** 1901 N SEACREST BLVD, BOYNTON BEACH, FL, 33435-2232, US Item Conference Calling Rate Initial Additional Increment Increment 1.25 2 N/A N/A 0.03 6 sec 6 sec 0.03 6 sec 6 sec 0.03 I 6 sec 6 sec Bronze I 30 sec 6 sec Bronze 30 sec 6 sec Bronze 30 sec 6 sec 0.14 60 Sec 60 See Page60f12 Directory Assistance * Switched 1+- Domestic Interstate IntraLata IntraState Switched 1+ - International Canada * Caribbean · US to International * QA-P-3030-00-LF13 - 106 - PAETEC Quote# 227274 09/14/2009 Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant * Rates are subject to change on 30 days notice via a bill message on customer's invoice. .. Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing, go to <http://paeteconline.com>. USAGE Fee** 801 N CONGRESS AVE, BOYNTON BEACH, FL, 33426, US Item Rate Initial Additional Increment Increment Directory Assistance * 1.25 N/A N/A Switched 1+- Domestic Interstate 0.03 6 sec 6 sec IntraLata 0.03 I 6 sec 6 sec IntraState 0.03 6 sec 6 sec Switched 1+ - International Canada * Bronze I 30 sec 6 sec Caribbean * Bronze 30 see 6 sec US to International * Bronze I 30 sec 6 sec Conference Calling 0.14 60 Sec 60 See Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant * Rates are subject to change on 30 days notice via a bill message on customer's invoice. * * Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing, go to <http://paeteconline.com>. USAGE Fee** 208 S SEACREST BLVD, BOYNTON BEACH, FL, 33435-4452, US Item Rate Initial Additional Increment Increment 1.25 2 N/A N/A 0.03 6 sec 6 sec 0.03 I 6 sec 6 sec 0.03 I 6 sec 6 sec Bronze I 30 sec 6 sec Bronze 30 sec 6 sec Bronze 30 sec 6 sec 0.14 60 Sec 60 See Directory Assistance * Switched 1+- Domestic Interstate IntraLata IntraState Switched 1+ - International Canada * Caribbean * US to International * Conference Calling Notes: 1 - Per Minute 2 - Per Call 3 - Per Minute Per Participant * Rates are subject to change on 30 days notice via a bill message on customer's invoice. * * Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing, go to <http://paeteconline.com>. USAGE Fee** 3228 GUN CLUB RD, WEST PALM BEACH, FL, 33406, US Item Conference Calling Rate Initial Additional Increment Increment 1.25 2 N/A N/A 0.03 6 sec 6 sec 0.03 6 sec 6 sec 0.03 I 6 sec 6 sec Bronze I 30 sec 6 sec Bronze 30 sec 6 sec Bronze 30 sec 6 sec 0.14 60 Sec 60 See Page70f12 Directory Assistance * Switched 1+- Domestic Interstate IntraLata IntraState Switched 1+ - International Canada * Caribbean · US to International * QA-P-3030-00-LF13 - 107 - PAETEC Quote# 227274 09/14/2009 Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant * Rates are subject to change on 30 days notice via a bill message on customer's invoice. .. Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing, go to <http://paeteconline.com>. USAGE Fee** 101 S CONGRESS AVE, BOYNTON BEACH, FL, 33426, US Item Rate Initial Additional Increment Increment Directory Assistance * 1.25 2 N/A N/A Switched 1+- Domestic Interstate 0.03 I 6 sec 6 sec IntraLata 0.03 I 6 sec 6 sec IntraState 0.03 I 6 sec 6 sec Switched 1+ - International Canada * Bronze I 30 sec 6 sec Caribbean * Bronze I 30 see 6 sec US to International * Bronze I 30 sec 6 sec Conference Calling 0.14 3 60 Sec 60 See Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant * Rates are subject to change on 30 days notice via a bill message on customer's invoice. * * Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing, go to <http://paeteconline.com>. USAGE Fee** 100 E BOYNTON BEACH BLVD, BOYNTON BEACH, FL, 33435, Item Rate Initial Additional Increment Increment Directory Assistance · 1.25 2 N/A N/A Switched 1+ - Domestic Interstate 0.03 6 sec 6 sec IntraLata 0.03 6 sec 6 sec IntraState 0.03 I 6 sec 6 sec Switched 1+ - International Canada * Bronze I 30 sec 6 sec Caribbean * Bronze 30 sec 6 sec US to International · Bronze 30 sec 6 sec Conference Calling 0.14 3 60 Sec 60 See Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant * Rates are subject to change on 30 days notice via a bill message on customer's invoice. * * Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing, go to <http://paeteconline.com>. USAGE Fee.. 111 N CONGRESS AVE, BOYNTON BEACH, FL, 33426, US Item Rate Iuitial Additional Increment Increment Directory Assistance * 1.25 2 N/A N/A Switched 1+- Domestic Interstate 0.03 6 sec 6 sec IntraLata 0.03 6 sec 6 sec IntraState 0.03 I 6 sec 6 sec Switched 1+ - International Canada * Bronze I 30 sec 6 sec Caribbean * Bronze I 30 sec 6 sec US to International · Bronze I 30 sec 6 sec Conference Calling 0.14 3 60 Sec 60 See QA-P-3030-00-LF13 Page 8 of12 - 108 - PAETEC Quote# 227274 09/14/2009 Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant * Rates are subject to change on 30 days notice via a bill message on customer's invoice. .. Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing, go to <http://paeteconline.com>. USAGE Fee** 2010 N FEDERAL HWY, BOYNTON BEACH, FL, 33435, US Item Rate Initial Additional Increment Increment Directory Assistance * 1.25 N/A N/A Switched 1+- Domestic Interstate 0.03 6 sec 6 sec IntraLata 0.03 I 6 sec 6 sec IntraState 0.03 6 sec 6 sec Switched 1+ - International Canada * Bronze I 30 sec 6 sec Caribbean * Bronze 30 see 6 sec US to International * Bronze I 30 sec 6 sec Conference Calling 0.14 60 Sec 60 See Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant * Rates are subject to change on 30 days notice via a bill message on customer's invoice. * * Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing, go to <http://paeteconline.com>. USAGE Fee** 100 E BOYNTON BEACH BLVD, BOYNTON BEACH, FL, 33435, Item Rate Initial Additional Increment Increment 1.25 2 N/A N/A 0.03 6 sec 6 sec 0.03 6 sec 6 sec 0.03 I 6 sec 6 sec Bronze I 30 sec 6 sec Bronze 30 sec 6 sec Bronze 30 sec 6 sec 0.14 60 Sec 60 See Directory Assistance · Switched 1+ - Domestic Interstate IntraLata IntraState Switched 1+ - International Canada * Caribbean * US to International · Conference Calling Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant * Rates are subject to change on 30 days notice via a bill message on customer's invoice. * * Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing, go to <http://paeteconline.com>. USAGE Fee.. 311 NW 12TH AVE, BOYNTON BEACH, FL, 33435, US Item Conference Calling Rate Iuitial Additional Increment Increment 1.25 2 N/A N/A 0.03 6 sec 6 sec 0.03 6 sec 6 sec 0.03 I 6 sec 6 sec Bronze I 30 sec 6 sec Bronze I 30 sec 6 sec Bronze 30 sec 6 sec 0.14 60 Sec 60 See Page90f12 Directory Assistance * Switched 1+- Domestic Interstate IntraLata IntraState Switched 1+ - International Canada * Caribbean * US to International · QA-P-3030-00-LF13 - 109 - PAETEC Quote# 227274 09/14/2009 Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant * Rates are subject to change on 30 days notice via a bill message on customer's invoice. .. Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing, go to <http://paeteconline.com>. USAGE Fee** 1021 S FEDERAL HWY, BOYNTON BEACH, FL, 33435, US Item Rate Initial Additional Increment Increment Directory Assistance * 1.25 N/A N/A Switched 1+- Domestic Interstate 0.03 6 sec 6 sec IntraLata 0.03 I 6 sec 6 sec IntraState 0.03 6 sec 6 sec Switched 1+ - International Canada * Bronze I 30 sec 6 sec Caribbean * Bronze 30 see 6 sec US to International * Bronze I 30 sec 6 sec Conference Calling 0.14 60 Sec 60 See Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant * Rates are subject to change on 30 days notice via a bill message on customer's invoice. * * Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing, go to <http://paeteconline.com>. USAGE Fee** 3111 S CONGRESS AVE, BOYNTON BEACH, FL, 33426, US Item Rate Initial Additional Increment Increment Directory Assistance * 1.25 2 N/A N/A Switched 1+- Domestic Interstate 0.03 6 sec 6 sec IntraLata 0.03 I 6 sec 6 sec IntraState 0.03 I 6 sec 6 sec Switched 1+ - International Canada * Bronze I 30 sec 6 sec Caribbean * Bronze 30 sec 6 sec US to International * Bronze 30 sec 6 sec Conference Calling 0.14 60 Sec 60 See Notes: 1 - Per Minute 2 - Per Call 3 - Per Minute Per Participant * Rates are subject to change on 30 days notice via a bill message on customer's invoice. * * Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing, go to <http://paeteconline.com>. USAGE Fee** 129 E OCEAN AVE, BOYNTON BEACH, FL, 33435, US Item Conference Calling Rate Initial Additional Increment Increment 1.25 2 N/A N/A 0.03 6 sec 6 sec 0.03 6 sec 6 sec 0.03 I 6 sec 6 sec Bronze I 30 sec 6 sec Bronze 30 sec 6 sec Bronze 30 sec 6 sec 0.14 60 Sec 60 See Page 10 of 12 Directory Assistance * Switched 1+- Domestic Interstate IntraLata IntraState Switched 1+ - International Canada * Caribbean · US to International * QA-P-3030-00-LF13 - 110 - PAETEC Quote# 227274 Notes: I - Per Minute 2 - Per Call 3 - Per Minute Per Participant * Rates are subject to change on 30 days notice via a bill message on customer's invoice. .. Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing, go to <http://paeteconline.com>. QA-P-3030-00-LF13 Page 11 of12 -111- 09/14/2009 PAETEC Quote# 227274 09/14/2009 Customer Name CTTY OF BOYNTON BEACH CUSTOMER EXPENSE REIMBURSEMENT SCHEDULE Tn addition to the other terms and conditions contained in the Service Agreement ("Agreement") between PAETEC and Customer, to which this Schedule is a part, the following terms and conditions apply with respect to certain credits offered to Customer for certain "Customer Expenses," (including, but not limited to, equipment, software, and consulting services) in consideration of the specific term and purchase commitments made by Customer to PAETEC in the Agreement. A. THIS SCHEDULE DOES NOT APPLY IF CUSTOMER HAS A THIRD PARTY LEASE THROUGH CIT OR AEL WHICH IS BILLED AND COLLECTED THROUGH THE PAETEC SOFTWARE FOR SERVICES OR EQUIPMENT FOR SERVICES PROGRAM. IN SUCH EVENT CUSTOMER MUST SIGN THE APPLICABLE THIRD PARTY LEASE SPECIAL TERMS AND MUST COMPLETE THE APPLICABLE CIT AND/OR AEL LEASE AGREEMENT. IN ADDITION, THIS SCHEDULE DOES NOT APPLY IF THE CREDIT IS IN CONNECTION WITH THE PURCHASE OF THE PINNACLE SOFTWARE THROUGH P AETEC SOFTWARE CORP. B, Customer Expenses - In the event that Customer has either purchased or directly leased (other than through the PAETEC Software for Services or Equipment for Services programs) certain equipment or software to facilitate the use of the P AETEC Services purchased under the Agreement or made other pertinent expenditures, P AETEC may agree to reimburse Customer for a portion of the actual costs ofsuch expense as follows: 1. List expenses covered by the Credit: (the "Customer Expense") General Expense Description Purpose Vendor 2, Customer Expense reimbursement shall be paid in the form of a credit on Customer's invoice for the PAETEC Services. The amount and duration of the credit shall be as specified in the Rate Schedule to the Agreement. 3, In order to be eligible for the reimbursement, Customer must provide PAETEC with a copy of its paid mVOlce for the Customer Expense within ninety (90) days ofthe commencement of the Term. 4. P AETEC makes no representation or warranties regarding any Customer Expense and shall have no liability for any damages incurred by Customer as a result of the Customer Expense. In the event P AETEC, or any of its subsidiaries is the vendor of the Customer Expense, nothing herein shall void any terms or conditions of any purchase agreement between Customer and P AETEC or any P AETEC subsidiary. C. To remain eligible for the Customer Expense credit, Customer must remain in compliance with all the terms and conditions of the Agreement (including without limitation Customer's billing and payment and mmllnum fee obligations). Furthermore, if the Agreement is cancelled prior to the expiration of the applicable term, regardless of the reason for the cancellation, PAETEC's obligations to Customer for any Customer Expense reimbursement shall immediately cease. Accepted bv Customer Authorized by P AETEC: Signature: Signature: Print Name: Print Name: Title: Title: Date: Date: QA-P-3030-00-LF13 Page 120f12 - 112 - ...~----="~ PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P,O. BOX 310. BOYNTON BEACH, FLOAIOA 33426.0310 P.O. II: 1002ea DATE: 10/01/0;' VENDOR 8456 TO: :?AETEC 600 WILLOWBROOK OFFICE PK FAIRPO&T, NY 14450 SHIP TO: City ot Boynton 8eQch ITS DEPARTMENT 100 E BOYNTON BEACH BLVO BOYNTON BEACH. FL 33435 REQUISITION NO. OADEA~NO DEPARTMENT: ITS/C. MCOEA,VlTT BID NO: I COMMISSION APPflOVED: INuul~I~:'; fl~[JI\HlJ NG ~~III('HA~;t OHll[f\ CAll 1'O"H74? \;JI(I DATE NEEDED: LINEIt QUANTITY UOM ITEM NO. AND DESCRIPTION LONG OtSTANC~ SERVICE UNIT COST EXTENDED COST EFFECTIVE DATE: 10/01/09 EXPIRATION DATE: 10/15/10 NOT TO EXCEED: 20000.00 REMARKS; BLANKET PURCHASE ORD8~ Commission Approved 01-03.06 (Five Year Contr~ct) ,. ; . . . -. PROCUREMENT SERVICES: I I P,O, TOTAL: ACCOUNT NO. PROJECT DDf~/S-(D-Sl3-L(f~ It) RECEIVING - 113 - Page I on Koch, Phyllis From: Swanson, Lynn Sent: Tuesday, December 01, 2009 1 :39 PM To: Koch, Phyllis Cc: McNally, John; Atwood, Barry Subject: FW: Renewal Agreement - City of Boynton Beach - Long Distance Charges Attachments: image003jpg Lynn ,')v.I(mson Paralegal City of Boynton Beach J 00 E. Boynton Beach Blvd Boynton Beach, FL 33425 (56]) 742-6053 (561) 742-6054 - Fax Sw~nBonL@bbfl.us From: Jamlla Alexander [mailto:JAlexander@cityatty.com] Sent: Tuesday, December 01,20091:36 PM To: Swanson, Lynn Subject: RE: Renewal Agreement - City of Boynton Be<lc;h - Long Ois~nce Ch<lrges Reviewed and Agreement is acceptable. Jam.i(a \I. A(exanaer Attorney at Law Goren, Cherof, Doody & Ezrol, P.A. 3099 E_ Commercial Blvd., Suite 200 Ft. Lauderdale, FL 33308 (954) 771-4500 fax: (954) 771-4923 Palm Beach County: (561) 276-9400 email: jalexander@cityatty.com website: 'NWW_cityattycom Disclaimer: This 1..:-.\1l1il is cov~red by rhe Eleclron'" ('(In,mLln;<:,,!io,,s I'r;v<,cy Ace 18 U.S.c. ~~ 2510-2521 <l11(j is k!,illly privikgeu. Th<: ;nl()]'],:ation contained in this I..:-Mail is ;111elld~d only I'or L"e ol'the inuiviuLl,d Or ~nlily nl1med abo~'... IfTh~ t'~ader of this message is Ilollhc inlelLd.:d r~cipi~nt. or th~ eL1lploy~~ or agent respunsible rOr dclivcL'ing 1110 th~ inTl.'l1ded recipient, you ar.. h~reby nmi Il~d that any dissem inalion. distribution. or copying of this <:OL1l III un ie"tiOn is slJ'ictly pt-ohibited. Ifyoll rec..ive this E-Mail in error. plcasc notify th~ sender illl111ediat~ly ;ltl.h<: phon<: TIUrnbt'l' l1bOlle 11lld dcleT~ the inl'orllLdlion lI'om :your compUTer. l'lea,~ (10 nOI copy or use it rur any purpos~ nor disclo~~ ib contents tu any ulh!.::' persoll , from: Swanson, Lynn [mailto:SwansonL@bbfl.us] 12/2/2009 - 114 - Page 2of3 Sent: Monday, November 30,20097;30 AM To: Jamila Alexander Subject: FW: Renewal Agreement - City of Boynton Beach - Long Distance Charges Please review and advise. Lynn Swanson Paralr.;gal City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, 1"1. 33425 (561) 742-6053 (561) 742-6054 - Fax S"1'(lnsonL@bbjl.us From: Koch, Phyllis Sent: Wednesday, November 25, 2009 3:56 PM To: Swanson, Lynn Cc: McNally, John; Atwood, Barry Subject: FIN: Renewal Agreement - City of Boynton Beach - Long Distance Charges We have the opportunity to decrease our long distance bills without all of the work that would be involved in changing carriers. The contract is attached. P~tlri A:oek Information Technology Services Director II r;l City of Boynton Beach l..:J kochp@bbfl.US 561-742-6071 (Office) Florida has a vel)' broad public records law. Most written communication to Of from local officials regarding City business are public reCOrds available 10 the public and media upon request. Your e-mail oommunict;llion may. therefore. be subjecrlo public disclosure. From: Sherry Bellomo [mailto:sbellomo@s2kconsulting.com] Sent: Wednesday, September 16, 2009 11:25 AM To: Atwood, Barry; Koch, Phyllis Subject: FIN: Renevval Agreement. City of Boynton Be...ch - Long Distance Charges Barry & Phyllis, I have worked with Payeee to get you into a better LD rate plan. Your plan waS outdated and costly. Phil from Pay tee has been very cooperative and has come back with excellent rates for you. I did also check with ATT but 1 believe that Paytec is the way to go for you, You will be able to save approximately $7K annually on your long distance. If you will look at page 3 of the quote I also got them to give you a $200 credit as a courtesy. IfyOtt want to go with this plan we will move all the miscellaneous lines you are using, that have 12/2/2009 - 115 - Page J of J Sprint as the Carrier, over to Pay tee. Phil will handle these orders and there is no cost to change them to Paytec. This will eliminate your periodic Sprint LD bills. Please let me know if you have any questions and/or copy me on this agreement when you send it to Phil so [ can follow up with him to ensure all is handled properly. Thanks so much and we'll talk soon. Sherry From: Baker, Philrp [mailto:Philip.Baker@PAETEC.com] Sent: Tuesday, September is, 2009 5:14 PM To: Sherry Bellomo Subject: Renewal Agreement - City of Boynton Beach Hi Sherry, Attached is the renewal agreement for the City of Boynton Beach. The savings is $391.40 on monthly fixed costs. There is also an estimated $200 of savings with long distance usage. The following infOnTIation shows the difference in long distance rates: Current Rates: Dedicated Interstate - .055 Dedicated Intrastate - .06 Switched Interstate - .OS Switched Intrastate - ,10 Switched Intra Lata - .10 NewBates: Dedicated I nter!>tate - .015 Dedicated Intrastate - .025 Switched Interstate - .03 Switched Intrastate - ,03 Switched Intra Lata - .03 We look forward to continuing our partnership with the City of Boynton Beach. Please let me know if you have any questions. Thank you for your business. Sincerely, Philip Baker PAETEC Senior Account Manager 561-472-6586 Office 561-317 -9766 Cell 561-472-0101 Fax 877-340-2555 Repair NOC ph i lip. baker@paetec.com Visit PAETEC.COM W>NW.paelec.com "The finest compliment I can receive is a referral from a trusted client:' 12/2/2009 - 116 - 6. E CONSENT AGENDA January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF i:8J CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10-004 - Approve an agreement with Federal Property Registration Corporation for the administration of the City's Abandoned Personal and Real Property Ordinance 09-040 including the proactive notification to all mortgagees requiring their registration of vacant properties within the City's jurisdiction. EXPLANATION OF REQUEST: This agreement provides for the administration of the City's Abandoned Personal and Real Property Ordinance 09-040 formally adopted on September 14, 2009. The primary benefit of this agreement is the proactive notification to all mortgagees requiring their registration of vacant properties within our jurisdiction and providing the City the required data to assist the City in the management of these properties. (See Exhibit "A"). How will this affect city programs or services? This program will reduce time spent by staff trying to contact various lenders in an attempt to get them to register their property and comply with our codes. It will also reduce time spent compiling and updating property registration data. FISCAL IMPACT: Reduced staff costs and $75.00 per property registration fee revenue to the City. ALTERNATIVES: Staff would continue to enforce Ordinance 09-040 and manage the data internally. -117- RESOLUTION RIO- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FEDERAL PROPERTY REGISTRATION CORP., FOR THE ADMINISTRATION OF THE CITY'S ABANDONED PERSONAL AND REAL PROPERTY ORDINANCE 09-040; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, due to an overwhelming number of mortgage foreclosures on residential and commercial properties that are in violation of the City's Code of ordinances, the care of neglected lawns and exterior maintenance of structures is becoming a health and welfare issue in the City of Boynton Beach; and WHEREAS, the attached Agreement will reduce time spent by staff contacting various lenders in an attempt to get them to register their property and comply with the City's Codes; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to approve and authorize the City Manager to execute an Agreement between the City of Boynton Beach and Federal Property Registration Corporation for the administration of the City's Abandoned Personal and Real Property Ordinance 09-040. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize and direct the City Manager and City Clerk to execute an Agreement between the City of Boynton Beach and Federal Property Registration Corporation for the administration of the City's Abandoned Personal and Real Property Ordinance 09-040, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this _ day of January, 2010. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor - 118 - Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) - 119 - E><nibit't,4" AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FEDERAL PROPERTY REGISTRATION CORP. This Agreement is made as of this _ day of . 2009 by and between Federal Property Registration Corp, a Florida Corporation, with offices at 6767 N. Wickham Rd., Suite 400, Melbourne, FL 32940 ("FPRC"), and the City of Boynton Beach, a Florida municipal corporation, with an address at 1 00 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City"). WITNESSETH: WHEREAS, because of an overwhelming number of mortgage foreclosures on residential and commercial properties that are in violation of the City of Boynton Beach Code of Ordinances, the care of neglected lawns and exterior maintenance of structures is becoming a health and welfare issue in the City of Boynton Beach; and, WHEREAS, in order to promptly and efficiently address the issues related to the maintenance of foreclosed residential and commercial properties; the City Commission adopted Ordinance 09-040, the City's Property Registration Ordinance (the "Ordinance"); and WHEREAS, pursuant to the Ordinance the City desires to enter into this Agreement with FPRC in order to provide services authorized pursuant to Ordinance 09- 040, to register vacant, abandoned, and foreclosed properties so that the City can properly address violations of the City's property maintenance codes (hereinafter "foreclosed property"). WHEREAS, FPRC will also provide an electronic registration process that is cost-free and revenue-generating for the City. - 120 - NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. FPRC RESPONSffiILITIES A. FPRC will cite the City's ordinance to mortgagees and proactively contact those that file a public notice of default, lis pendens, foreclosure action, and or take title to real property via foreclosure or other any legal means. FPRC will electronically provide for registration of foreclosed properties in violation of applicable City ordinances. B. FPRC will pay for all expenses related to registration of all foreclosed property, and all administrative costs and fees related thereto. FPRC will investigate, report, or take corrective measures monthly to update property status of all foreclosed property electronically registered and in compliance with the relevant City ordinances. C. FPRC will charge a fee of One Hundred Fifty Dollars ($150.00) per applicant to register all mortgagees who comply with Ordinance ("Registration Fee'). FPRC shall remit fifty percent (50%) of the Registration Fee to the City in consideration of the services provided. FPRC shall forward payment of the City's portion of the registration fee to the City's Finance Department no later than the 5th day of the month during the tenn of this Agreement. D. FPRC agrees to provide a website for the registration of each foreclosed property in order to enable compliance with the City's ordinances. The wcbsite will direct registrants to the City's website, and further direct traffic, via a '1 - 121 - hyperlink, to www.Vm:antRegistry.com. The website found at \VWW.VacantRegistry.com will automatically allow lenders and/or responsible parties to comply with the City's Codes. E. FPRC, will execute the City's website Link agreement and meet all City IT security, and anti-viral requirements. 2. Indemnification: A. FPRC shall indenmify and save harmless and defend the City, its trustees, elected and appointed officials, agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission, or negligent act of FPRC, its agents, servants or employees in the performance of its obligations pursuant to this Agreement, for all costs, losses and expenses, including but not limited to, damages to persons or property, judgments, reasonable attorney's fees, paralegal expenses, and court costs at both the trial and appellate levels arising out of or in connection with the operations permitted under this Agreement. B. The parties recognize that various provisions of this Agreement, including but not necessarily limited to this Section, provide for indemnification by FPRC and requires a specific consideration be given therefor. The parties therefore agree that the sum ofTen Dollars and 00/100 ($10,00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by FPRC. Furthermore, the parties understand and agree that the covenants and represent.a1ions relating to this ~ - 122 - indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. FPRC will indemnifY and hold City hannless for any negligent acts of FPRC or for any violation of any intellectual property taws, contracts or statutes. 3. TERM. This Agreement will terminate one (I) year from the date it is executed by the City. In addition, the parties may agree to renew this Agreement for an additional one (1) year term through the execution of a written amendment to this Agreement signed by both parties. 4. ffiRMINATION. This Agreement may be terminated by either Party with or without cause, immediately upon thirty (30) calendar days written notice. Upon tennination by City, FPRC shall cease all work performed hereunder and fOfW'ard to City any Registration Fees owed to the City. 5. CONTRACT DOCUMENTS: The following list of documents which are attached hereto as exhibits to this Agreement shall be incorporated into this Agreement, as if fully set forth herein by reference: A. Request for Quotation for Administrator of Records for AbandonedIForeclosedNacant Properties - Quote #007-2120- 10/CJD; B. Response to Request for Quotation submitted by FPRC dated October 9, 2009; C. City Ordinance 09-040, dated September 14, 2009; 6. INSURANCE. FPRC shall provide and maintain in force at all times during the Agreement with the City, such insurance, including Workers' Compensation and Employer's Liability Insurance, Comprehensive General Liability Insurance, Automobile Liability Insurance and Errors and Omissions Insurance as will assure to CITY OF /I - 123 - BOYNTON BEACH the protection contained in the foregoing indemnification Wldertaken by FPRC. A. Workers' Compensation Statutory limits with $100,000 Employers Liabilit~,. B. Commercial General Liability Insurance with limits of no less than $1,000,000.00. Bodily injury shall include operations and premises liability, products and completed operations, O\'mers, and contractors protective liability and personal injury liability. C. Business Auto Liability coverage is to include bodily injury and property damage arising out of operation, maintenance or use of any auto, including o\'med, non-owned and hired automobiles and employee non-o\'mership with limits of not less than $1,000,000.00 per occurrence. D. Errors and Omissions Insurance limits of liability provided by such policy shall be no less than $1,000,000.00 to assure City the indemnification specified herein. E. A Certificate of Insurance acceptable to the City shall be provided listing the above coverages and providing 30 days prior written notice to the City in the case of cancellation. The City shall be named as an additional insured and a certificate holder on the Commercial, General, Automobile, and Professional. Liability Policies with a waiver of subrogation on the Workers' CompensationlEmployer's Liability Policy. A copy of the certificate shall be mailed to the City's Risk Management Department at the time FPRC executes this Agreement. 7. OWNERSHIP AND USE OF DOCUMENTS_ All documents, records, applications, files and other materials produced by FPRC in connection with the services rendered pursuant to this Agreement shall be the property of the City, and shall be provided to City upon request. FPRC shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with FPRC' s endeavors. In the event of termination of this Agreement, any reports, records, documents, forms, and other data and documents prepared by FPRC whether fInished or WlfInished shall become the property of the City, and shall be " - 124 - delivered by FPRC to the City Manager within seven (7) days of termination of this Agreement by either party. Any compensation due to FPRC shall be withheld until all documenlo; are received as provided herein. 8. AUDIT AND JNSPECTION RIGHTS AND RETENTION OF RECORDS. A. City shall have the right to audit the books, records and accounts of FPRC that are related to this Agreement. FPRC shall keep such book, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement. FPRC shall preserve and make available, at reasonable times for examination and audit by the City, all fInancial records, supporting documents, statistical records, and any other documents pertinent to his Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement, unless FPRC is notifIed in writing by the City of the need to extend the retention period. Such retention of such records and documents shall be at FPRC's expense. If an audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit [mdings. If the Florida Public Records Act is determined by the City to be applicable to FPRC's records, FPRC shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either fedem! or state law shall be violated by FPRC. Any incomplete or incorrect entry in such h - 125 - books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. B. In addition, FPRC shall respond to the reasonable inquiries of any successor companies and allow and successor companies to receive working papers relating to matters of continuing significance. In addition, FPRC shall provide a complete copy of all documents papers to the City, prior to any :final payment, in accordance with this Agreement. 9. INDEPENDENT CONlRACTOR. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that FPRC is an independent contractor under this Agreement and not the City's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimwn wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. FPRC shall retain sole and absolute discretion in the judgment of the manner and means of carrying out FPRC's activities and responsibilities hereunder. FPRC agrees that it is a separate and independent enterprise from the City, that it hall full opportunity to find other business, that it make its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between FPRC and the City and the City will not be liable for any obligation incurred by FPRC, including but not limited to unpaid minimum wages and/or overtime premiums. '7 - 126 - 10. NOTICES. Whenever any party desires to give notice unto any other party, it must be given by ~tten notice, sent by registered United States mail, with return receipt requested, hand delivery or facsimile transmission with receipt of delivery, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by ~tten notice in compliance with the provisions of this section. Noticc shall be deemed to have been given upon receipt. For the present, FPRC and the City designate the following as the respective places for giving of notice: CITY: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Attention: City Manager Copy To: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 FPRC: Rodney R. Brace, President Federal Property Registration Corp. 6767 N. Wickham Road, Suite 400 Melbourne, FL 32940 Telephone No. (321) 421-6639 Facsimile No. (321) 1 L ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by FPRC without the prior ~tten consent of City. For purposes of this Agreement, any change of ownership of FPRC shall constitute an assignment which requires City approval. However, this Agreement shall nul to the City and its successors and assigns. \1 - 127 - 12. AMENDMENTS. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 13. CONTINGENT FEES. The parties acknowledge that Geoffrey B. Sluggett and Associates, Inc., Relationship Manager, Independent Contractor and Consultant of FPRC will receive a fee or a commission, to be paid by FPRC, as a result of the parties executing this Agreement. Geoffrey B. Sluggett and Associates, Inc. is not a full-time employee of FPRC and performs services for others. 14. BINDING AUTIIORlTY. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 15. LAWS AND ORDINANCES. FPRC shall observe all laws and ordinances of the City, county, state, federal or other public agencies directly relating to the operations being conducted pursuant to this Agreement. 16. EQUAL EMPLOYMENT OPPORTIJNITY. In the performance of this Agreement, FPRC shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry or national origin. 17. WAIVER. Any failure by City to require strict compliance with any provision of this Agreement shall not be construed as a waiver of such provision, and City may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. o - 128 - 18. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent pennitted by law, 19. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 20. ATTORNEY'S FEES AND COSTS. In the event of a dispute arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees, paralegal expenses, and costs, including fees and costs incurred at all pretrial, trial and appellate levels. 21. ENTIRE AGREEMENT. This Agreement represents the entire and integrated agreement between the CITY and the FPRC and supersedes aU prior negotiations, representations or agreements, either written or oral. IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals the day and year first above written. CITY OF BOYNTON BEACH Attest: By: Kurt Bressner, City Manager City Clerk _ day of , ~ (date) APPROVED AS TO FORM: By City Attorney HI - 129 - Attp: W~ FEDERAL PROPERTY REGISTRATION CORP. d~/ By: /~~~ Rodney R. Brace, Presiden~_____ Print Name: C.....,.he, 'vJc.\\::.(..... Title: ~(<;o"...\ ~(.( Date: (SEAL) STATE OF FLORIDA COUNTY OF S-r.::T ~ () ) ) SS ) BEFORE ME, an officer duly autlJpriYld by law..to administer oaths and take acknowledgments, personally appeared ~-Y ~. fi11l~ of Federal Property Registration Corp. who is personally known to me or has produced fL 7). '-'terl.Se.... as identification, and acknowledged execution of the foregoing Agreement as the proper official of Federal Property Registration Corp. of for the use and purposes mentioned in it and that the instrument is the act and deed of the Corporation. TN WITNESS OF in the ;ze and ~u ",..- THE FOREGOING, I have set my hand and official seal at County af""",;d 00 =.. ~ day of ,2009. ~~ NOTARY PUBLIC My Commission Expires: DNT:dnt H:\1990\900I 82.BBIAGM1\AGREEMENTS 2009\FPRC (Abandoned Prop Registration)REV2.doc f~ DIANA <iONZlLEZ Notary Public. State 01 florida comml88lonl DDll88610 My oomm. .... May 05, 2011 11 - 130 - 6. F CONSENT AGENDA January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF i:8J CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10-005 -Approve a Railroad Reimbursement Agreement with the Florida Department of Transportation authorizing grade crossing signal improvements on the FEC rail line on Martin Luther King, Jr. Blvd.lNE 10th Avenue. EXPLANATION OF REQUEST: The Florida Department of Transportation has plans to replace the grade crossing warning devices (lights and gates) on the FEC rail line at Martin Luther King, Jr. Blvd.lNE 10th Avenue. This work will involve all new lights and gates and will also include pre- emption with the traffic signal at the highway intersection of Federal Highway and Martin Luther King Jr. Blvd.lNE 10th Avenue. Pre-emption will ensure proper coordination between these two adjacent signals. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? NA FISCAL IMPACT: This agreement is in standard format and, as such, requires the City of Boynton Beach to agree to pay 50% of the signal maintenance costs. The remaining 50% of signal maintenance expense will be borne by the FEC. The estimated City cost exposure is $1,573 (50% of $3,146 for a Type III signal). ALTERNATIVES: Close the grade crossing. -131- RESOLUTION RIO- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A RAILROAD REIMBURSEMENT AGREEMENT FOR THE INSTALLATION OF GRADE CROSSING TRAFFIC CONTROL DEVICES, AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID DEVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or otherwise changing a portion of the Public Road System on Northeast lOth/MLK Avenue which shall call for the installation and maintenance of railroad grade crossing traffic control devices for railroad grade crossing over or near said highway; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award and authorize execution of a Railroad Reimbursement Agreement for the installation of grade crossing traffic control devices and future maintenance and adjustment of said devices. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize the execution of a Railroad Reimbursement Agreement with the State of Florida Department of Transportation and the Florida East Coast Railway, LLC., for the installation and maintenance of certain grade crossing traffic control devices designated as Financial Number 42575215701 on Northeast lOth/MLK Avenue which crosses the right of way and tracks of the Florida East Coast Railway, LLC., at FDOT/AAR Crossing No. 272478-M located near Boynton Beach, Florida. A copy of said Agreement is attached hereto as Exhibit "A". Section 3. That the City of Boynton Beach assumes its share of the costs for future - 132 - maintenance and adjustment of said grade crossing traffic control devices as designated in the Railroad Reimbursement Agreement. Section 4. That the Mayor and City Clerk are authorized to enter into such Agreements with the State of Florida Department of Transportation and the Florida East Coast Railway, LLC., as herein described. Section 5. That this Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _ day of ,2010. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez ATTEST: Commissioner - Marlene Ross Janet M. Prainito, CMC City Clerk (Corporate Seal) - 133 - Florida Department of Transportation CHARLiE CRIST GOVERNOR 3400 West Commercial Boulcvcrd Fort Lauderdale, FL 33309-3421 STKI'HANIF C. KOI'ELOUSOS SECRETARY December 3,2009 Mr. Jeffery Livergood Dir Public Works and Engineering City of Boymon Beach 100 E. Boynlon Beach Boulevard Post Office Box 3120 Boynton Beach, Florida, 33435-0310 RE: FM# Location: County: Crossing No.: RR. MP. 425752-1-57-01 NE lO'h/MLK Ave Palm Beach 272478-M 311+3505 Dear 'Vir. Livergood; Enclosed arc six (6) copies of the "Railroad Reimbursement Agn:i:mi:nt, Grade Crossing and Crossing Tmffic Control Devices. City ", for the installation of signal i:ljuipment on the above-mentioned cro~~ing. Five (5) copies are to be signed and returned to this office for further processing. '111e sixth copy may be retained for your files until the Ai:,'Ycemerrl has fully been executed. We will return one executed original for your file. We will also need two (2) copies of a Resolution, with original signatures, authorizing the sit,,'ning of the Agreement. Both Resolutions and Agreements must be original signature documents or properly certified copies. Please do not fill in Ihe dates on the agreements as this will be done upon final execution by lb.c District Director of Transportation Development. Should you have any questions regarding this Agreement, please cal] (954) 777A455 Your prompt attention to the execution of these documents is greatly appreciated. Sincerel.y, . f./} .. , . /' ,/ y~., ,dfJ";/14'l/7 :' . d'----"'-_.._ t7 /'r rtf/v =-~~.,'"'-~.,_____ Thomas P. Keane Rail Coordinator Office of Modal Development co: File Enclosue www.dot.state.fLus - 134 - ST ATE OF fLORID-A DE~ARTMENT OF TRANSPORTATION 725~O~O-2! RAil OGe - HiJOO RAILROAD REIMBURSEMENT AGREEMENT GRADE CROSSING TRAFFIC CONTROL DEVICES. MUNICIPAL FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & Rrw NUMBER FAP NUMBER 42575215701 NE 10th/MLK Ave PALM BEACH 00S4-04 7 -J THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and Florida East coast Railway, LLC a corporation organized and existing under the laws of Florida with its principal place of business in the City of Jacksonville . . ___ ' County of Duvall ........ State of Florida , hereinafter called the COMPANY; and the City of Boynton Beach a municipal corporation, hereinafter called the CITY. WITNESSETH: WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise System, designated by the Financial Project 1042575215701 on NE 10th/MLK Ave tracks of the COMPANY'S Milepost 311+3505' FDOT/AAR Crossing Number 272478-M as shown on DEPARTMENT'S Plan Sheet No.Map Location changing a portion of the Public Road , which crosses at grade the right of way and , at or near Boynton Beach , attached hereto as a part hereof; and NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: 1. The COMPANY shall furnish the necessary materials and install Automatic Grade Crossing Signals Type ~___m Class IV and/or other traffic control devices at said location on an actual cost basis and in accordance with (1) the attached detailed statement of the work. plans, and specifications; and (2) the DEPARTMENT'S Plans and Standard Index Number 17882 attached hereto and made a part hereof. 2. After installation of said signals is completed, fifty (50%) percent of the expense thereof in maintaining the same shall be borne by the CITY and fifty (50%) percent shall be borne by the COMPANY, as enumerated by the Scheduie of Annual Cost of Automatic Highway Grade Crossing Devices attached hereto and by this reference made a part hereof and subject to future revision, .. 3. After said signals have been installed and found to be in satisfactory working order by the parties hereto, the same shall be immediately put into service, operated and maintained by the COMPANY so long as said COMPANY or its successors or assigns shali operate the said signals at said grade crossing; or until it is agreed between the parties hereto that the signals are no longer necessary or until the said crossing is abandoned; or legal requirements occur which shall cease operation of signals thereat. - 135 - The COMPANY agrees that any future relocation or adjustment of said signals shall be performed by the 725-0idO-27 RAIL OGC - 1D1CS COMPANY, but at the expense of the party initialing such relocation. Upon relocation the maintenance responsibilities shall be in accordance with the provisions of this agreement. It is further agreed that the cost of maintain:ng any additional or replacement signal equipment at the same location will be shared as provided under Paragraph 2. above. 4. Unless otherwise agreed upon herein, Lhe CITY agrees to insure that at the crossing the advance warning signs and railroad crossing pavement marl<ings will conform to the U.S. Department of T;ansportation Manual on Unifonn Traffic Control Devices within 30 days of notification that the railroad signal improvements have been completed and that such signs and pavemenl markings will be continually maintained at an acceptable level. 5. The COMPANY hereby agrees to instat! and/or adjust the necessary parts of its facilities along said road in accordance with the provisions set forth in the: o (a) DEPARTMENT Procedure No. 725-080-002 Appendix D.4, and Rule 14.57.011 "Public Railroad-Highway Grade Crossing Costs", Florida Administrative Code. f8I (b) Federal Highway Administration Federal-Aid Policy Guide, 23 C.F.R. Subchapter G. Part 646, Subpart B, and 23 C.F.R., Subchapter B, Part 140, Subpart I, and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. The COMPANY further agrees to do all of such work, with its own forces or by a contractor paid under a contract let by the COMPANY, all under the supervision and approval of the DEPARTMENT and the Federal Highway Administration, when applicable. 6. The DEPARTMENT hereby agrees to reimburse the COMPANY for all costs incurred by it in the installation and/or adjustment of said facilities, in accordance with the provisions of Procedure No. 725-080-002 Appendix D-4 "Billing Requirements," and any supplements thereto or revisions thereof. It is understood and agreed by and between the parties hereto that preliminary engineering costs not incorporated within this agreement shall not be subject to payment by tile DEPARTMENT. 7. Attached hereto, and b~' this reference made a part hereof, are plans and specifications of the work to be performed by the COMPANY pursuant to the terms hereof, and an itemized estimate of the cost thereof in the amount of $ 205,650.00 . All work performed by the COMPANY pursuant hereto, shall be performed according to these plans and specifications as approved by the DEPARTMENT and the Federal Highway Administration if federal aid participating; and all subsequent plan changes shall likewise be approved by the DEPARTMENT and the Federal Highway Administration, when applicable. 8. All labor, services, materials, and equipment furnished by the COMPANY in carrying out the work to be performed hereunder shall be billed by the COMPANY direct to the DEPARTMENT. Separate records as to the costs of conlract bid items and force account items performed for the COMPANY shall also be furnished by the COMPANY to the DEPARTMENT. - 136 - 725~OOO-2!' RM.. ace -101013 9. The COMPANY has determined that the method to be used in developing the relocation or installation cost 181 shall be as specified for the method checked and described hereafter: (a) Actual and related indirect costs accumulaled in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. o o 10. (b) Actual and related indirect costs accumulated in accordance with an established accounting procedure developed by the COMPANY and approved by tile DEPARTMENT, (0) An agreed lump sum $ g:gg_ , as supported by a detail analysis of estimated cost attached hereto. (NOTE: This method is not applicable where the estimated cost of the proposed adjustment exceeds $100,000.) The installation and/or adjustment of the COMPANY'S facility as plannedQ will @willnol involve additional work over and above the minimum reimbursable requirements of the DEPARTMENT. (If upgrading and/or nonreimbursable work is involved at the option of the COMPANY, then credit against the cost of the project is required o (a) and will be governed by the method checked and described hereafter); o (b) o % will be applied to the final billing of work actually accomplished to determine required credit for (betterment) and/or (expired service life) and/or (nonreimbursable segments), (c) All work involving nonreimbursable segments will be performed by special COMPANY work or job order number apart and separate from the reimbursable portion of the work; such work or job order number to be . The COMPANY further agrees to clearly identify such additional work areas in the COMPANY'S plans and estimates for the total work covered by this Agreement. $ 0.00 credited for 0 betterment 0 expired service life o nonreimbursable segments in accord with Article 9.(0) hereinabove. 11. It is specifically agreed by and between the DEPARTMENT and !he COMPANY that the DEPARTMENT shall receive fair and adequate credit for any salvage which shall accrue to the COMPANY as a result of the above installalion and/or adjustment work. 12. It is further agreed that the cost of all improvements made during this adjustment work shaH be borne by the COMPANY, subject only to the DEPARTMENT bearing such portion of Ihis cost as represents the cost of adjustment of previously existing facility, less salvage credit as set forth in the immediately preceding paragraph, - 137 - nii-r.~Q-27 ~AiL 08:::' - ~ 0/08- 13. Upon completion of the work the COMPANY shall, within one hundred eighty (180) days, furnish the DEPARTMENT with two (2) copies of its final and complete billing of all costs incurred in connection with the work performed hereunder, such statement to follow as closely as possible the order of the iterns contained in the estimate attached hereto. The totals for labor, overhead, travel expense, transportation, equipment, material and supplies, handling costs and other services shall be shown in such a manner as will permit ready comparison with the approved plans and estimates, Materials shall be itemized where they represent major components of cost in the relocation following the pattern set out in the approved estimate as closely as is possible. Salvage credits from recovered and replaced permanent and recovered temporary materials shall be reported in said bills in relative position with the charge for the replacement or the original charge for temporary use. The final billing shall show the description and site of the Project; the date on which the first work was performed, or, if preliminary engineering or right-of-way items are involved, the date on whicl1 the earliest item of billed expense was incurred; the date on which the last work was performed or the last item of billed expense was incurred; and the location where the records and accounts bilied can be audited, Adequate reference shall be made in the billing to the COMPANY'S records, accounls and other relevant documents. All cost records and accounts shall be subject to audit by a representalive of the DEPARTMENT. Upon receipt of invoices, prepared in accordance with the provisions of the above indicated Reimbursement Policy, the DEPARTMENT agrees to reimburse the COMPANY in the amount of such actual costs as approved by the DEPARTMENT'S auditor. 14. Payment shall be made only afler receipt and approval of goods and services unless advance payments are authorized by the DEPARTMENT's Comptroller under Section 334,044(29), F,S., or by the Department of Financial Services under Section 215.422(14), Florida Statutes (F,S.). 15. In accordance with Section 287.058, Florida Statutes, Ihe following provisions are in this Agreement If this Contract involves units of deliverables, then such units must be received and accepted in writing by the Conlract Manager prior to payments. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit tl1ereof. 16. Bills for travel expenses specifically authorized in this agreement shall be submitted and paid in accordance with DEPARTMENT Rule 14-57.011 "Public Railroad-Highway Grade Crossing Costs" and the Federal Administration Federal-Aid Policy Guide, Subchapter B, Part 140, Subpart I "Reimbursement for Railroad Work." - 138 - 725'(";}o-27 RAIL OGe. .010B 17. In accordance with Section 215.422, Florida Statutes. the follcwing provisions are in this Agreement: Contractors pmviding goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The Departmenl has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days, a separate inlerest penalty at a rate as established pursuant to Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Contraclor. Interest penal lies of less than one (1) dollar will not be enforced unless the Contractor requests payment. Invoices which have to be returned to a Contractor because of Contractor preparation errors will result in a deiay in the payment. The invoice payment requirements do not start until a properly compleled invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Department of Financial Services Hotline, 1-877-693-5236. 18. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be fumished to the Department upon request. Records of costs incurred includes the Contractor's general accounting records and the project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 19. In the event this conlract is for services in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and a term for a period of more than one year, the provisions of Section 339. 135(6)(a), Florida Statutes, are hereby incorporated: The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, invoives the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Oepariment that such funds are available prior to entering into any such contract or other binding commitment offunds. Nothing herein contained shall prevent the making of contracts far periods exceeding one year, but any contract so made shail be executory only for the value of the services to be rendered - 139 - 125-000-2(' RAIL OGc-' 010a or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in exceS5 of TWENTY FIVE THOUSAND DOLLARS ($25,OOO.00) and which have a term for a period of more than one year. 20. In accordance with Section 287.133 (2)(a), Florida Statutes, the following pro\li5ions are included in this Agreement: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in exce5S of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 21. In accordance with Section 287.0582, Florida Statutes, the following provisions is included in this Agreement: The Department's obligation to pay under this contract is contingent upon an annual appropriation by the Florida Legislature. 22. The COMPN,jy covenants and agme5 that it will indeRlRify aRE! RslE! Rarl'Aless the OEPARTMHJT ~nd all ofti'le DEP:\RT~~fs, agents,;}f'\d employccs ff'efll ally claim, loss, aamage, co~t change, or €l(peRS!:! arisillg Ollt of an'l act, action, neglect, omission or delay by the COMP'^J'JY during the pcrformaRce sf tRe contract, whether direct or indirect, and whether to any person or property to which the DEPARTMENT or said p;lrtics may ae subject, except th~t neither the COMP/\NY nor any of its sub contractors '....iliac liable under this sectiol'l for damages ;lrisinG out of injury or d;lmage to persons or Ilrol3erty directly c3lolseE! sr resultinG from the sole negli;;cnce of the DEPMnMENT sr allY of its eUiEJcrs, ;lgcnts, sr NIlJ3leyccs. 23. Paragraph 22 was stricken prior to execution by all parties at the request of Florida East Coast Railway, L.L.c. - 140 - 725-C9Q.Zi' RAIL OG-::; -10/08 IN VVITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (TITLE: Director of Transportation Development Florida East Coast Railway, LLC BY: CITY OF Boynton Beach , FLORIDA BY: (TITLE: Legal Review Approved as to Funds Available Approved as to FAPG Requirements BY: BY: BY: Attomey - DOT Date Comptroller - DOT Date FHWA Date - 141 - STATE OF =LORIDA DE::>ARTMENT Of -RANSPOR"lATlC'N WORK DESCRIPTION GRADE CROSSING TRAFFIC CONTROL DEVICES 725.C90,09 ~IL -)5/'0::: FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & RNJ NUMBER FAP NUMBER 42575245701 NE1 Oth/MLK Ave PALM BEACH OOS4-047-J RAILROAD COMPANY Florida Easl Coast Railway, LLC A. B. C D. E. LED'siCWT/Preemption/Relocate FL&G's ---".-".........""..-.-....".-,...""....""."".....,....".."''''''.. JOB DESCRIPTION & LOCATION: TYPE OF ROADWAY FACILITY: FDOTiAAR XING NO.: 272478M TYPE CROSSING PROPOSED: III STATUS AND PROPOSAL: 1. EXISTING DEVICES: a. None-New Crossing. b. Crossbuck and Disk. C. Flashing Signals with Disk. d. Flashing Signals with Cantilever. e. X Flashing Signals with Gates. f. Flashing Signals with Cantilever and Gates. RR MILE POST TIE: 311 +3505 CLASS: IV DOT INDEX NO.: 17882 (See Agreement dated 2. PROPOSED DEViCES: a. No revision required. b. Crossbuck and Disk. c. Flashing Signals and Disk. d. Flashing Signals with Cantilever. e. Flashing Signals with Gates. f. Flashing Signals with CanUever and Gates. g. X Relocate existing si~nal devices: (1) (With-Without) addition of Gates. (2) X (With-WJthout) synchronization with highWay traffic signals. (3) (With-Without:! constant VI'Clrning time, (Safety Index Rating 70.04 F. COMMUNICATION AND/OR POVVER LINE ADJUSTMENTS 1. N/A By Others ( 2. ~ By Railroad Company. Corrpany.) G. (Draft attached: 0 Yes o No.) ) AUTHORiTY REQUESTED: 1. X Agreement (Th;rd Party Participating Palm Beach County 2. Supplemental Agreement No. 3. Crossing Permit. 4. Estimate 'or Change Order No. 5. LeUer of AutrlOrily. 6. Letter of Confirmation (No Cost to Department). H. OTHER REMARKS: Negotiations to be completed bye Signai instaiiation target date: Synchronization: (Draft attached 0 Yes 0 No) - 142 - STATE OF FL:JRlDA DEPARTMENT OF TRAN$OORTAT -:)N 725-.[.90-011 RAIL OGC - OMJG RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/W NUMBER FAP NUMBER 42575215701 NE10th/MLK Ave PALM BEACH 00S4-47-J Florida East Coast Raiiway, LLC COMPANY NAME: A. FDOT/AAR XING NO.: 272478M RR MILE POST TIE: 311+3505 B. lYPE SIGNALS PROPOSED HI CLASS IV DOT INDEX: 17882 SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES Annual Maintenance Cost Exclus.ive of Ins.1ailation CLASS DE~CRIPTION COST" Flashing Signals ~ One Track $2,086.00 II Flashing Signals - Multiple Tracks $2,760.00 III Flashing Signals and Gates - One Track $3,146.00 IV Flashing Signals and Gates - Multiple Tracks $3,950.00 AUTHORITY: FLORIDA ADMINISTRATIVE RULE 14-57.011 Public R<lilro<ld-Highway Grade Crossing Costs EFFECTIVE DATE: GENERAL AUTHORITY: SPECIFIC LAW IMPLEMENTED: July 22,1982 334044, F.S. 335.141, F.S. 'This schedule will become effective July 1, 2006 and will be reviewed every 5 years and revised as appropriate based on the Consumer Price Index for all Urban Consumers published by the U.S. Department of Labor. - 143 - I-Iorida Dq::arlonent of Transportation uiagnostc Field Rev.ew Sheet Rail-Highway Grade C'~ssing ';::;""''''0''(: I G Z Z Data Sheet Prority No :1291 County: PALM 3EACH City: BOYNTON BEACH F.M. No ROV>/Y: NE 10th/M~KNG AV R.R. Co. : FLORIDA EAST COAST I,AiLROAD Station. . 499198 Latitude. 255363 R.R Crossing Status: OPEN- TR.<\CK ACTIVE Last Updated: S/9/200R 1 :49: 15 PM RR. Branch. : M.';IN R.R. Ivli/epest. : 0 Lor,gitude: 80.05851670 ,'\s of: 1/31 /20D7 Rei! Operat.'ons : Train Mo\/&ments :~Z "I' ~lI1ax Speed: Pfr' ::; 0 ,~c. of main traoks : 1 Last Updated: 2/1/2000 Warning d&vices: Effectivo date: 2/1/2000 Other tracks: 0 Existing wal'l1ing : FLandG Preemption. NOT INTERCONNECTED Last Updated: Physical data: Type oftrilin detection: OTHER Advance warning. YES Last updated: 8/1412002 RR Crossing angle: 60-90 DEG No. of Thru lanDs : 2 Crossing condition: EXCELLENT Maintaining agency: COUNTY Highway speed; 25 Other lanes: 0 Approach condition: MINOR Last updated: 1/3112007 Department data. Traffic voUMDT) : 4441 School bus cOllnt : 4 Percent trucks: 0 As of' 2003 As of' 2008 Safety cata : Prad. accident/year: 0.0175 Safety index: 7004 Last updated5/13/2008 Description of $ite/1 nstallation conflds ~ . () I , /1 C 0' / / ...gl:..~..:,::L>;5......5:C;.gl.<:;,J..pJ",.~,c:""~,d,,.L>.ML~t.'r;Pc,h..:1C9c.,<:<:..r Y<s""';"I..0dh~7:..L",~,."L,.^t.R,;t.ly..e.:.fI.9f1Lio1g(hfS"~M ---'- I r< r\ I" ....~...,~.;:~".,:-::....@,~...:;.,.XA.j.,Sl.c.~!..,..w.....................mw.................m.........................................................00>.............."............00>............................m............................w...............".."..........................w.......".... ..~&commended warning device: FL & G As of: 5/13/2008 ~~~~~~?I~~~:~;:;:I~;~~~:::~:~~~'~~?i~~~:,,,~.~:~~~ Dato reviewed ,- . '. ".~, '...-~-'J,.'.'.'WnJN...._._. J,' _..,,_....~~~ ,>.~..J..~ __,._, b" ' I. 'le'ii ew t=am personnel: ,..,_,..................._,<J,~....,'".....,...,-'._ _r..~'~~_......~.'. ."Ou.. J ://webappO l.dot. state.fl.us/RailHighwayCrossinglnventorJ/n; ~anl"oti""hlrlD.,....n .._<n _ _ L - 144 - ~j~-~;z ;r-------------!t~- -- =-1~-Lk$:I~~Z:=tji-22 -~L-=_-.:- --~- ------~----~~TI-~-.L-----T---~\---------- .;j1- ~~~-- . - --'j- .: . ~ :-L'_____ :-j~-Q\6(A.~ ._,\...t]-:!J--"---r~~ IA.t. .~ _~_..'.~~---. ._..._-._. _.-. .~bj___ -~.~.-f:-'dQ---.G~-~-61j-,-,-<<<-Le..'i~JLf-~_~__ _______ ___ _ ___.______ ~-~1-\,Jm- ~ ---~ I---r~~-~- . ~J:--:----------- -tP--~--1== .._~xcse.c-;lf;~-~~.. 0 ~-----NB__ -(' --A _ ___ --..-~j-----~-------------/---~~-~--(--f(~: t ("~ 4J~ _ -------~~\)--?---~~-::~~,L--7- ..s ~--(---- .-=-----==~=----==-i -~-1l_=~ -~ --~L~---Y-~----- ----.. :. .' .-..----. 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OF DAYS: lC AAR j DOT #, 272478M ~rLE POST: 311+j~05' FLORIDA EAST COAST RAILWAY OFFICE OF THE G~NERA~ V~AGER OF SIGNALS AN~ COMMUNICATIONS Proje~t Type, FD~T ESTUIATEI:. COST F:JR HIGmmy CRCSSHJG KARNn~G ::>EVICES AT MLK' S::'VD 13C"-NTON BCe!. ) . Thi 8 esti'Jl.ate sh::mld be (:::..lll:::iidered vcid after -:::me (1) year, MATERIAL UNIT COST ;;N;:TS $500.00 E:A. $S'IS. JO 2 EA. $2 J ./.16';, 0)0 1 HA. ~:141) . JU 8 EA. $75,260. 00 1 EA. $2,870.00 1 :lA. S675.00 1 :lA. $250.00 30 EA. $1,671.17 1 ?KG. $45.00 100 FT. $7,20e.CO 1 PKG. $l,12e.CO 1 PKG. $1,30C.CO 1 EA. $10,725.00 1 PKG. $1,500.00 1 PKG. TOTAL COST Gj'~'l'ES $l,COO 0-) GATE FOUNJATION8 $:,150.0') $2,464.0') $:,~20.00 $75,260.00 $2JB70,00 $675.00 $7,500.00 $1,671.17 $4,5JO.OC $7,2JO GC $1,120.0C $1. B'JO 00 5lC',"725.00 $1,500.00 S23, Ell.OO J>2,"739.00 $152,105.17 l\DUl'l'IONAL PLASHING LIGHT2 12. II LED R3TROFI1' LiGHTS 6' X 6' WIR3D CASE, WITH HXP~3R2 GENE:lA'!'OR CASE W/ 'I'RlL\iSio'ER SWITCH BJI.TT:JRI BOX -BATTERIES, SAFT SP:'2S0 MISC. GROUND V~TERIAL CO~DUIT & DIRECTIONAL EOHH CABLE MI8CELL.~80US RELAY EQLIPMENT PC'im~. S.cmVICB MONITORtNG BQUtP~ENT SANITATION "' DISPOSAL FRZIGHT & P~.NDLI~G T~.X @ 6.5% TOTAL MAT3RIALS 3XCA'JA'1'ING EQUIPNENT PER !:.".Y EQUIFMENT RENTAL PER DAY ~ORB~'1AIi 'S TRUCK :?ER U. Y GAHG TRUCK PER DAY SUPEHV180Y.B TRUe::: PER DAY EQUIh'MENT l'Ol'l>.L $181. 00 $125. 00 $35. 00 $63. 00 $35. DO 10 :'AY$ 10 =AYS 10 =AYS 10 DAYS 10 DAYS $:.810.00 $1,250.00 $350.00 $630.00 $}.,,(LJl...Q. $~,3S0.00 3NGINEERING ENGINEERING TOTAL $7,500.0'J Ji7 S OO.~Q.Q. $7,500.0C CONSTRUCT:ON S~P8~VISIQN LA'OQR ADD;:TIVE SU?ERVISICN TOTAL $37"7.00 10 DAYS $",7:0 OC .$.<...~.l.2(LQ_l $:-~ 870 .00 LABOR PER DI'.Y NUHBEk OF DJI.YS LAGOR ADDI'I'lV\'; ::OTAL LABOR $1,26::'.24 10 S12 612.00 f:,] ";l,ffi,.lLQ. $19,972.00 C,ANG EXPENSES PER L\Y :J!.JMBE? :)F DAYS TO::AL GANG EXPENSES $602.00 10 $6,020.00 SUE-TOTAL CONTING~NCIES 5% $195,857.17 $9,'193.00 TOTAL POS, 650 .00 272.478M.xJ,,; - 146 - \'1;,ro",l:"" Vlrtu:ol Earth~' ".~l;m~'ti-~:'. Boy~ton Bea.::f, f'l7il~8f!",\"il""'1-:!\~n8~.;l..~ ~m$~ tT LOCATION MAP Florida East Coast Railway LOCATION: FINANCIAL PROJECT NO.: CROSSING NO.: RAJLROAD MILEPOST: NE lOtb/MLK Blvd 425752-1-57 -01 272478-M 311+3505' - 147 - STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION OFFICE OF MODAL DEVELOPMENT DISTRICT 4 RAIL OFFICE PROJECT SCOPE AND COST ESTIMATE PROJECT INFORMATION Financial Project No.: FAP No.: Location: County: Crossing No.: RRMP: Company: 425752-1-57-01 00S4-047-J NE lOth'MLK Ave Palm Beach 272478-M 311-3505' Florid.a East Coast Railway, L.L.c. This project scope and cost cSlimate was prepaTed by; District Rail Specialist PROJECT SCOPE AND COST ESTIMATE Relocate FL&G, LED's! CWT, Preemption ............... .......... $205,650.00 TOTAL PROJECT COST...... ........................... ....... ..... $205,650.00 - 148 - 2:. . >- .E~ ~ -c. ~ !I !~ ~ i 0 ~ ~~I____ ~ ~ j'.. ) _/-----Jq~----~ ~ ,,~ '''-~-~ !iiT - ~ l!t; -- ""'~"~.-'--lr----- ~ 2:, ~~ ~~, f;, 258 c., g; " ' L.: ~ C;; g~~, , ;S ~~ (:: ~: c ~j J: :;;' " 2'; U] U] ~ ~~ a::~ ~~ '< k ~ ..;: 3 f- <: I L..J ~ ::! " "' 0: ~ ~ U] 8 :.')0) <=LU tilo 1 :tJS; 0 Oll! Q:a .::- O--J :,; UJO _f Q(t ci ~~ 1 ~ Q)O QO , M <eO a 0 ocr: 0 " (tlL, ?: " ...J<( ~ ~- ~g: f- 0 f -- ..r.: , "- .~ ~ "'~ '2 ~ .:... ~:' ~ ~ ~ ,d ~,~ ~Q ~~ 'C--' !;;' ~ ~' " '< 0' --' ;;; (0 \;; - 149 - :::: ~ f- L," s:: "- l'] c, ,- ~ ~- ~;l ,- 0.: 6 '1:.:0 fiG c C f; ~ ~. ,: \3 ~: ~ ~.,~ -~ __c~ 0~_~ := -s; 2 ~ << " ~ " '" <, '" " " Cl ,-. (j Q ~l:: "'>- Cl-, ~{3 ~~ "'", '--ct "'=a '-- <: (rj ~~ [OJ <::( '-' - " ~ ,,- "-~ ~ ~ ~ Vi ~ co " (;] ~ \.) Q: ~!: <::l::;, ~ -:..~\ "'''> ~Q} f-c,- "'=:.3 '-0 >- <(,,'1 ~~ L.,<c (~ ....1 :5~ "-~ Oil <' Co (;] ~ " Co " ~ 1. '" ~ ~ ~] Cc:L" - 150 - 2: '" ~ f-.. ClUJ <::lU ~~ J 3~ c lUO " C) rr: ~ (2:2: s (')0 f2 QO ro <0;0 ~ OU:: C!::u.. ~~ C!:: ~ ~ '" Q. >- .. :::: f-.. !,': f-.. '" t " c; f'- ~ ~ ~ '" g ~ '" " ~ '" , :;: '-' '" "Cn ~j ::is: <J I-L :~ Cl ~-~ ~~ 08 ::J ~ " ~ Co '" " " ~ ~ ~ ~ . ;; '-' l, ~ a~ c ~ " ".,::-2- t '" ~' ~,:" " ~~=f~l~ ic '\ "- . ~ ~ i-~ kJ ....~ , c ~ :J- Vi h. " eo" <:~ "'''' ~~ tJo f5~ 'il~ q", :Sf:: ~~ ~ I" ,,"' ~ ~ ~ ;!'I[; I ' , ~;, ~u ,c;; '. tAl~ i' --- \:f;'" .~I~111.llIF~;:i'-1~ J _) f ' -"-\:::tfl~d-il -~ ;/.'1/ ;:?l.~. -y- ~ i 1/ -/" -~- ' lJ' ;) -~- ~ ~ !!J~:?;--.J ,/ : 1'>11' -~--_.- ~ ~ c ~ , ~ " co _.J II ~dl I ~"o, -~----L.I ~.... ::;1 ~:.!- I . .r-----~ .// ! . ,,::' "0',, I ! tJ" !~M t 5>---~-~'---~ '~- /l------- ~>-. "" (...~ :.;,=.- c\ '-';'1: ",q V'l (c ~ l..~ u::;; ~~ C:J~ ~8 ~~ h. , .0 ~ ~ - 151 - ~~ :...~ !~ .,::;.~ -i.r:tJ1 iH ~ ~:~ ~ *-~:; " " T V) ~ " _: ~ I ~ :- :J!~~ ~ : :\~1~, j; t:i ~i",(i 'Ft,!,,' I... :;: ~'~~'-~:yg--~r~~./~'i~' - <- =I>-~=~-(!' ~/1 1 S> -~T--.~r_~~ j - _t_l.i1 i, ~';; /! ~ L'.J ~ ~ :s ~~ ~ s , ~\ '-..; 3~ ~r~:,: - "'""1'" ~c..e..:j :'1' ~1 -W '-:--= ~-~~~ I!-~~----= - -!II:~ ~~ ~ ~ -111~1- ,~ ~ 'II"~' - _ 1 _I ~L ,II, -:;:: ~C"---~__':Ii'" L-=-- S~ ... - -r-lI"'il'T"-' ,.:a - - I}I'P~- .... ,._ ': II rII}\ r.J ..,..- .. ="'1 ,I, hJ - - ~-:...... - ...-~:t~IIJ!~~~= c~~j II"",...._~._,__ ~~.i!J'=..~"'L!<:..:.,.~C~ Ii ! i "~-.-,;' <~-':-,::::7,:::-:'l,,,__ , \\ i ~ " t ~l ~ t I'" ~;, I Co' I ~ .. I ~! J I ~: ~: ~,~'~ II O:t f~rr~ ~ ~ ~ I ,i ~~i":. :'.~l.'.. ~ 111 ~" t-r! '" : \!: .1 '\i2f) :! ~r;~ ,I-~,,~ 0_' j ~I / lj'" "u' ( 'u!I': ,,9.,," ''"'' ., " " " ~ - 152 - <: " Q " " c:-, '" ~ ! o ~ z ~ ;; '0, .N ~ ..~~CO ,.,~Ii~ -31 g '"' "" T '.0 '0 ~! ~ C!JU) ~ <::11J (;)ll .1; p C/J$: ~ " OI1J . Cr::Q " '" " ll-.l " ro wO "' ::" ::, .Pi Clg: '" ~ ~ r2:z: '" co " "" u c' '" (')0 c.. lL.J s: '.0 :: 00 Co OJ L.....: " " <:cO j, ~ 1- ," " o~ " ;a :2: N :J~ " ,< OJ :0 3S -C2 " s '" 0) ~f-i " Cl l-:; '; ~ ... '<: '" ~ -, ~ '" ~ '" ~ "'. <: "' ~ ~ oj c., "' '" <::; " [3 :..... f i-' ,l., l() l~, I: C, S ill > ill cr.: U I- (j) o z <.9 <( o co a o N ~ -.l ~ '" n Si ~ 'Q~ ~ ~I ~ ~ ~ 1- ~I \;j tLJ ~ ~ "= '. u: ~ '<( '. ~ :;:.;,;a..~,,-~ iQ~~""~~ (U";~'''''lEl ~82t:~~ Q-.luulElt..> - 153 - 6. G CONSENT AGENDA January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF i:8J CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10-006 - Approve update to the fee schedule used by the Department of Public Works, Engineering Division in issuance of various permits from time to time within the public rights-of-way of the City. EXPLANATION OF REQUEST: The City Commission adopted Resolution No. 00-89 on July 5, 2000 to establish an initial fee and permit structure for work within the City's rights-of-way as being monitored by the Department of Public Works, Engineering Division. From that date forward, the Division has observed an extended amount of plan review and field observation time on numerous (several) permits issued for said work being performed with the city's rights-of-way. To offset this observation, it is recommended that the Department of Public Works, Engineering Division adjust their fee schedule noted above to meet current costs and tasks. Attached Schedules "A" and "B" to the proposed Resolution reflect the fees for various tasks that are undertaken within the City's rights-of-way. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proposed fee schedules are designed to reflect current costs of the Division to monitor and track the various permits that it issues. FISCAL IMPACT: Without the Resolution being passed, current fees charged for various permits issued will continue to be deficient. AL TERNATIVES: Continue to use current deficient fee schedule. - 154 - RESOLUTION NO. RIO- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING FEES FOR ACTIVITIES WITHIN CITY OWNED RIGHTS-OF-WAY AND CONTROLLED EASEMENTS IN THE CITY OF BOYNTON BEACH, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission for the City of Boynton Beach, Florida adopted Ordinance No. 74-17, which provided requirements and controls as to construction and restoration within the City's rights-of-way including permits, applications fees and other requirements; and WHEREAS, the City previously adopted an ordinance, specifically Ordinance No. 81-6, which adopted a new "Code of Ordinances", which superceded all general and permanent ordinances adopted on or before July 1, 1980, repealing those that were not recognized and continued in force by reference; and WHEREAS, said Ordinance No. 74-17 was not recognized and continued in force by reference; and WHEREAS, the CITY subsequently adopted Ordinance No. 95-02, separating the Land Development Regulations (LDR) into a document which was made available to the public as a separate set of rules and regulations for development and improvements within the City; and WHEREAS, in the LDR, Chapter 22, Article II, Section 3 (Permit Fees), fees for work within the rights-of-way, shall be as established by the City Commission from time to time by resolution; and WHEREAS, the City Commission did adopt Resolution No. 00-89 on July 5, 2000, to establish an initial fee and permit structure for work within the city's rights-of-way as being monitored by the Department of Public Works, Engineering Division; and WHEREAS, the City Commission deems it to be in the best interest of the citizens and residents of the City to adopt an updated fee schedule for work within its rights-of-way. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The definition of public rights-of-way means the surface, the air space above the surface, and the area below the surface of any public street, highway, roadway, land, path, alley, sidewalk, boulevard, drive, bridge, tunnel, parkway, waterway, public easement or similar property in which the City now or hereafter holds any property interest, which, consistent with the purposes for which it was dedicated, may be used for the purpose of constructing, operating and repairing an access system, functional operating system, utility service system, cable system or open video system. Public rights-of-way do not include buildings, parks, or other property owned or leased by the City. - 155 - Section 3. The City Commission authorizes and approves the Department of Public Works, Engineering Division to continue to monitor, address and issue permits for those activities desiring to use the rights-of-ways and easements situated under the control of the City of Boynton Beach. Section 4. The Schedule of Fees for the Department of Public Works, Engineering Division to charge for those services noted in Section 2 above are attached hereto and incorporated herein as Exhibit "A" and Exhibit "B". Section 5. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of Januarv,20l0. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (CORPORATE SEAL) - 156 - EXHIBIT "A" ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS SCHEDULE OF FEES FOR RELATED STREETIROADWAY ACTIVITIES* TYPE OF WORK Driveways Bituminous Driveway Approach (Black top). Portland Cement Driveway Approach (Concrete). Paver Brick Approach (incl. inlaid concrete block) Right-of-Way Construction & Excavation Street Opening, removal & replacement: 1 - 100 sq.ft. 101 sq.ft. & up New concrete curb & gutter (rem. & repl.) 1 - 50 lin.ft. 5llin.ft. & up Public sidewalk Connection to storm sewer where street opening is not req' d. PERMIT FEE $75.00 " " $75.00 $125.00 + 3.0% of est. cost $75.00. $75.00 + $0.25/lin.ft. $ 0.00 $130.00 $ 100.00 (***) Tree Planting (maximum of3 trees, $15.00 for each add'l. tree) $30.00 $ 0.00 Tree Bonding Protection: 0" to 9" diameter, per tree 9" to 24" diameter, per tree Other work in R/W (incl. storage in roadway). 1 - 50 sq.ft. 50 - 100 sq.ft. 100 sq.ft. & up - 157 - $30.00 $ 0.00 $30.00 $ 0.00 $45.00 $ 100.00 (***) $60.00 $ 100.00 $60.00 + 3% of est. cost BOND** $ 0.00 " " $100.00 (***) " " " " $ 100.00 (*) Insurance of the City will be required per LDR, Chapter 22, Article II, Section 4.1 (Insurance required for certain permits). (**) Cash bond refunded upon final acceptance of work and/or restoration. Maximum cash bond for anyone person or company holding more than one permit concurrently is $1,000.00. (***) A bond equal to 110% of the estimated value of the work ifin excess of $1,000.00. Schedule" A" - Page I of I - 158 - EXHIBIT "B" DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION FOR LAND DEVELOPMENT RELATED ACTIVITIES TYPE OF ACTIVITY FEE A Abandonment (easements or rights-of-way): .................................................. See P&Z Division Fee Schedule 1. Vacating of city street, alley and/or easement.................................................................................. $750.00 2. City initiated vacation of alley and/or easement .................................................................................. $0.00 B. Annexation (legal description review and continuity evaluation only): 1. Less than 5 acres:....................................................................................... See P&Z Division Fee Schedule 2. 5 acres and larger: ...................................................................................... See P&Z Division Fee Schedule C. Land Development Permit (LDP)...............................................2.3% of cost of improvements ($350.00 min.) Construction Plan Review Fee (***).......................................................................................... $500.00 (Surety required is 110% of cost of improvements, per LDR, Chapter 7, Article I, Section 2.B. ($35.00 min.~ D. Platting: 1. Pre-application process fee (*) ........................................................................................... $1,000.00 2. Plat review (minor subdivision) fee [< 10 acres] ............................................................. $2,000.00 3. Plat review (major subdivision) fee [=/> 10 acres] .......................................................... $3,000.00 4. Request for plat waiver.......................................................................................................... $200.00 5. Plat Recording Fee (per P.B.C. fee schedule) .......................................................................... $ (**) E. Variance: 1. Parking Lot Requirements (Regulation) .................................................................................................................... 1 st Variance (per Code Section) .............................................................................................................................. . Each additional variance F. Waivers: 1. Sidewalk............................................................................................................................ $7.00/sq.ft. 2. Administrative................................................................................................................ ........ $200.00 (*) ................................................ Credited toward Plat Review Fee (with continuous of platting process). (**) $30.00 for the first sheet of the plat, plus $15.00 for each additional sheet, or as modified from time to time by P.B.C., make check payable to P.B.C.'s Clerk of the Circuit Court (LDR Chapter 5.V.2.A7.). Refer also to the Engineering Division's Record Platting Process Procedure for current costs. (***) ............ To be credited to LDP Fee (with continuous phases of Land Development Permit Process). Schedule "B" - Page I of 2 FOR PUBLIC RIGHTS-OF-WAY AND EASEMENT CONSTRUCTION - 159 - TYPE OF ACTIVITY FEE A. Installation of gravity sanitary and storm sewer (including appurtenant manholes and/or catch basins): 1. First 100 lineal feet or less: ............................................................................................................... $ 70.00 2. Next 400 lineal feet or fraction thereof: ............................................................................................ $ 40.00 3. Each additional 500 lineal feet or fraction thereof: ........................................................................... $ 30.00 B. Installation of all other underground facilities including, but not limited to or by: Sanitary force, water, gas, liquid or semi-liquid pipe lines, electric, telephone and/or telecommunication conduits or direct burial, including appurtenant manholes and/or junction boxes: 1. First 200 lineal feet or less: ............................................................................................................... $ 50.00 2. Next 300 lineal feet or fraction thereof: ............................................................................................ $ 25.00 3. Each additional 500 lineal feet or fraction thereof: ........................................................................... $ 20.00 C. Construction or installation of individual catch basins, manholes or junction boxes not erected in connection with an installation covered by "A" or "B" above (each): .................................................... $ 60.00 D. All underground jack and bore crossing of paved public roadways based on width of paving, including median: 1. For pipe sizes 18" or less in diameter (per foot): ............................................................................. $ 3.00 2. For pipe sizes over 18" and up, and including, 48" in diameter (per foot): ..................................... $ 5.00 3. For pipe sizes in excess of 48" in diameter (per foot) ...................................................................... $ 7.00 E. Installation of a pole line for overhead facilities: 1. First 200 lineal feet or less: .............................................................................................................. $100.00 2. Next 300 lineal feet or fraction thereof: ........................................................................................... $ 60.00 3. Each additional 500 lineal feet or fraction thereof: .......................................................................... $ 40.00 F. Street Connections: 1. Paved street connection for tying into existing and/or new City roadways or streets (each): .......... $400.00 2. Where culverts are used in conjunction with street/roadway connections (per lineal foot): ............ $ 3.00 G. Construction of elevated or submerged facilities crossing City owned canals or waterways: ............... $ 60.00 H. Sodding (other than trees) within or upon City maintained rights-of-way..........................$75.00 + 3% of cost Schedule "B" - Page 2 of 2 - 160 - 6. H CONSENT AGENDA January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2009 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF i:8J CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: Accept the monthly report on the major projects being completed by the Recreation and Parks Department. EXPLANATION OF REQUEST: PARK BUDGET STATUS AMOUNT Barton Greenway $116,070 Plans being reviewed by FDOT and Palm Beach County. 100% funded by FDOT. No City funds required. Boat Club $417,500 The City has entered into a contract with Burke Renovation Construction Group. Estimated completion is June 2010. Hester Park and $388,000 Energy retrofit using grant from Department of Center Energy Energy. No City funds will be expended. Retrofit Oceanfront $2,400,000 Project was sent to bid on October 21. The bid Boardwalk opening was December 8. Target date for construction commencement is January/February. Palmetto $400,000 Plans being reviewed by FDOT and Palm Beach Greenway County. 100% funded by FDOT. No City funds Extension required. HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? For purposes of this report, N/A FISCAL IMPACT: For purposes of this report, N/A ALTERNATIVES: For purposes of th is report, NI A - 161 - 6. I CONSENT AGENDA January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF i:8J CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: Approve the "VIST ABELLA AT RENAISSANCE COMMONS REPLA T 2, A P. U.D." Record Plat conditioned on the approval being the certification of the plat document by H. David Kelley, Jr., (City Engineer and Surveyor and Mapper). EXPLANATION OF REQUEST: The record plat review for this project commenced on September 25, 2008, to which the third and final review was completed of October 27,2009. Noted plat preparation changes not withstanding, staff now recommends that the City Commission approves the plat as presented, subject to final signatures by the City Engineer and Mayor. This plat consists of adjustment to lot sizes for the remaining townhomes to be constructed. The record plat is the next step in the continuing finalization of the undeveloped portion of the project site. The record plat preparer has stated that all minor changes necessary to this instrument are now in compliance with those comments noted in the last review letter. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proposed completion of the development will continue to be delayed until this proposed record plat has received technical compliance with the Land Development Regulations. Thus, no building permits can be issued until the proposed record plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. FISCAL IMPACT: None AL TERNATIVES: The proposed development will continue in tentative status until the proposed record plat is received in acceptable form, superseding a portion of the existing subdivision. - 162 - THIS PLAT ! G/iJEWN BLVD. I I I I 18 ' 17 ---'-'---- - --------- ---~------- 19 ,20 ~' ) ;Z; I ii11 a\ ~, ~ ~! IJ/DD C-J6 CANftL I ~I I !l:::, , ~i I <-> ' ! NOT TO SCALE i - - - - - - - - - - - ~ - - - - - -" - - - --1- - - -.. . , \ 8(J(NrON BEACH f3(XJl.EV MD ~ II LOCATION MAP - 163 - 6. J CONSENT AGENDA January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF i:8J CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: Approve payment of $41,712 to R&S Integrated Products for the annual renewal of the Laserfiche software and scanner hardware maintenance. EXPLANATION OF REQUEST: Most of the City's departments now rely on Laserfiche software and affiliated scanning equipment for storing and retrieving their documents. The documents are scanned, converted to electronic media, and stored on central servers. This automated system provides the following benefits: . Increases productivity - All authorized users can search the repository and view the documents, without the need to physically find a paper document. Multiple City users can simultaneously view the documents from their computers. . Better/quicker customer service - Links can be provided via the City's web site to City residents and businesses view documents directly 24X7 - without the need to visit City Hall and wait for a paper copy. . Lower ongoing operation cost and reduced environmental impact - less paper needs to be printed and copied. The electronic documents can be viewed, faxed, and emailed without first printing. The City's Laserfiche software and affiliated equipment was installed in 2000 by R&S Integrated Products. R&S is a Value Added Reseller (VAR,) authorized by Laserfiche to offer this service. The City has upgraded and expanded Laserfiche software, equipment, and training during the last nine years. In addition, the recent Easy Agenda software for Commission Agendas also uses the Laserfiche repository to store documents. The City has continued to contract with R&S for ongoing support for both the software and equipment. - 164 - How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? City Departments, residents, and businesses have come to depend on the constant availability of the Laserfiche document repository. Laserfiche has become a critical component of the City's infrastructure. This request will continue R&S software and equipment support. The agreement provides ITS and City Departments with: . Continued software and equipment support - 7 days a week; 24 hours per day. . Version upgrades of all software products, when available, at no additional cost . Software fixes for software problems, when available, at no additional cost FISCAL IMPACT: The total annual fee for this service is $41,712. This item was approved in the FY 09-10 budget as follows: 001-1510-513-46-91 Software Maintenance 001-1510-513-46-22 Equipment Maintenance $37,000 $12,000 AL TERNA TIVES: Pay for technical support, software fixes, and/or new versions only if-and-when needed. This alternative could possibly involve outages if the R&S VAR and/or Laserfiche (software manufacturer) does not have the immediate resources available to respond to our request - since they must first focus on contracted agreements. For less critical systems, a "time-and- material" might well be cost-effective. In this case, however, the City cannot tolerate a sustained outage. - 165 - 7. A CODE COMPLIANCE & LEGAL SETTLEMENTS January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL i:8J SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: Approve mediated settlement agreement in the case of Southeast Drilling Services vs. City of Boynton Beach. EXPLANATION OF REQUEST: In 2004, the City issued an RFP to expand the East Plant by constructing two test wells and two production wells and to construct a second aquifer storage and recovery well. SED submitted a bid and was selected as the contractor. On or about April 5, 2005, the City and SED entered into a contract ("Contract"). During the course of this Contract, the City elected to delete some of the original bid items. SED requested additional compensation for the deleted bid items. SED's request was denied. The items were deleted because the City was transitioning from the old SFWMD water permit to a new one that delayed the construction of deep wells into the Floridan aquifer. Two deep test wells were part of the original contract. One was constructed without incident but the other deep well was not completed. The contractor did incur expenses for the construction work. The proposed settlement is a negotiated amount based on an assessment of work completed. Near the conclusion of the Contract, SED submitted a Request For Equitable Adjustment to compensate for, what SED believed to be equitable compensation for project delays and time extensions, including time related damages, extended field office costs, project management costs, carry costs, compensation for the City's unilateral removal of work and compensation for additional work performed at the Quantum site. The City and SED were not able to reach an agreement and SED filed suit. In the suit, SED claimed damages of approximately $2.1 million. On November 24, 2009, the parties attended mediation and reached a tentative agreement pending City Commission approval as follows: - 166 - 1. The City shall pay the lump sum of $950,000.00 to Southeast Drilling Services between January 11, 2010 and no later than January 30, 2010. The amount includes release of $56,000.00 previously deducted by the City as liquidated damages. 2. The City shall pay the cost of the mediator. 3. The parties agree not to disparage the other and as a consequence of this settlement on the project, Southeast Drilling shall not be precluded from bidding on future projects with the City. 4. Except as to the remaining obligations, the parties shall release one another from all claims or counterclaims which were asserted or could have been asserted in this matter. 5. The parties each agree to bear their own respective attorney's fees and costs incurred in this litigation. HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? The City has received its revised Consumptive Use Permit from the South Florida Water Management District which reflects the policy direction of the City Commission in 2006. The effect of this change was to save the City the expense of deep well construction projects. The work under this contract was partially based on the old water permit that required deep well construction. FISCAL IMPACT: The funds for this expenditure have been included in the budget. The settlement is less than expected costs if the matter continued in litigation and went to trial. The settlement is a fair level of compensation to the contractor for work completed and for which the contractor incurred expenses. ALTERNATIVES: Not approve the mediated settlement and proceed to trial on this matter. - 167 - 8. A PUBLIC HEARING January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS i:8J PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: Conduct Impasse Hearing and resolve open issues to settle SEIU - White Collar Collective Bargaining Agreement. EXPLANATION OF REQUEST: After negotiating for many months the City manager's negotiating team and the Union's negotiating team were unable to reach agreement on two articles of the Collective Bargaining Agreement: Wages and Insurance. The City Manager and the Union Representative agreed to by-pass a hearing before a Special Magistrate appointed by the Public Employees Relations Commission and submit the two impasse issues directly to the City Commission for resolution. The City Commission is now required to conduct a public hearing at which time the City Manager will explain management's position and a representative of SEIU will explain the Union's position on the two impasse issues. During the public hearing the City Commission shall take such action as it deems to the in the public interest, including the interest of the City employees involved, to resolve the two disputed impasse issues. The public hearing will be conducted as follows: 1. The City Manager or representatives of his bargaining team will have twenty (20) minutes to explain the City's position. 2. The SEIU representative or representatives of its bargaining team will have twenty (20) minutes to explain the Union's position. 3. The Mayor will open the public hearing for comments by the public. 4. The Mayor will close the public hearing. 5. The City Commission will deliberate on both impasse issues and announce its decision on how those issues should be resolved. - 168 - The City Commission is currently in what is referred to as the "insulated period." During the insulated period members of the City Commission may not be provided with information regarding the City's and Union's position, either directly or indirectly. Therefore, unlike many agenda items, there is no backup that sets forth the position of either the City or the Union. HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? Since the City Commission is in the insulated period, this information will be provided during the public hearing. FISCAL IMPACT: Since the City Commission is in the insulated period, this information will be provided during the public hearing. ALTERNATIVES: None - 169 - 8. B PUBLIC HEARING January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA i:8J LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS i:8J PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE 010-001 - FIRST READING - Casa Del Mar Yacht Club rezoning (REZN 09-003). Request to rezone 4.11 acres of property from Infill Planned Unit Development (IPUD) with a master plan for a multifamily use to IPUD with a master plan for a marina use. EXPLANATION OF REQUEST: The property is presently zoned IPUD; however, pursuant to the Land Development Regulations, approval of the proposed new master plan for a marina I yacht club use is processed as part of a new rezoning application. In addition to the rezoning, the applicant has concurrently filed applications for conditional use I site plan approval and two vanances. Due to time constraints of a loan commitment, the applicant has submitted a formal request for an expedited schedule for these requests. The expedited schedule for the subject rezoning accommodates two required readings for the rezoning ordinance in a compressed time-frame, therefore allowing second reading to coincide with the public hearings for the corresponding requests. If approved on first reading, the ordinance will proceed to the second reading to be held on January 19, 2010, concurrently with public hearings for the conditional use I site plan application and the two variances. Staff recommends that the rezoning request be approved subject to compliance with the maximum height allowed in the IPUD zoning district. The Planning and Development Board recommended that the subject request be approved on December 22, 2009. For further details pertaining to the request, see attached Department Memorandum No. 09-087. The Board has also recommended approval of the remaining three - 170 - (3) items, including the request for a height variance, which, if ultimately approved, would allow the proposed height of 67 feet, as also reflected by the proposed site plan application. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Possible benefit to property tax base with the ultimate development of inactive property. ALTERNATIVES: Deny the rezoning request. - 171 - ORDINANCE NO. 10- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF LANCORE NURSERY, LLC, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED AT 2632 NORTH FEDERAL HIGHWAY, EAST OF FEDERAL HIGHWAY AND NORTH OF DIMICK ROAD AS MORE FULLY DESCRIBED HEREIN, FROM INFILL PLANNED UNIT DEVELOPMENT (IPUD) WITH A MASTER PLAN FOR MULTIFAMILY USE TO INFILL PLANNED UNIT DEVELOPMENT (IPUD) WITH A MASTER PLAN FOR A MARINA USE; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Lancore Nursery, LLC., owner of the property located on the east side of Federal Highway, North of Dimick Road in Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through its agent, Bonnie Miskel, Esquire and Lauren Lending of Siegel, Lipman, Dunay, Shepard & Miskel, LLP., pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said land being more particularly described hereinafter, from Infill Planned Unit Development (IPUD) with a master plan for a multifamily use to Infill Planned Unit Development (IPUD) with a master plan for a marina use; and WHEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. - 172 - Section 2. The following described land located on the east side of Federal Highway, North of Dimick Road in Boynton Beach, Florida, as set forth as follows: LOTS 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,20,21,22,23,24, LAKESIDE GARDENS, Plat Book 8, page 57, according to the Plat thereof on in the Office of the Clerk of Circuit Court in and for Palm Beach County, and Lot 1, HULLS SUBDIVISION, Plat Book 2, Page 17, less and accept the west 94 feet for road right - of - way of State Road 5, according to the Plat thereof on in the Office of the Clerk of Circuit Court in and for Palm Beach County, together with riparian rights thereunto appertaining. Total area 179,130 square feet (4.11 acres) more or less. Area east of the seawall 5,318 square feet (0.12 acres) more or less Subject to easements, restrictions, reservations, covenants and rights-of-way of record. be and the same is hereby rezoned from Infill Planned Unit Development (IPUD) with a master plan for a multifamily use to Infill Planned Unit Development (IPUD) with a master plan for a marina use. A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Section 3. That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this _ day of ,2010. SECOND, FINAL READING and PASSAGE this _ day of ,2010. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland - 173 - ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) Commissioner - Jose Rodriguez Commissioner - Marlene Ross - 174 - EXHIBIT "A" CASA DEL MAR YACHT CLUB LOCATION MAP 8 not in city . o 25 50 100 150 200 Feet - 175 - TO: THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: Property Owner: Applicant/Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 09-087 STAFF REPORT Chairman and Members Planning and Development Board Michael W. Rumpf Director of Planning and Zoning Hanna Matras Senior Planner November 3, 2009 Casa Del Mar Yacht Club / REZN 09-003 Request to rezone 4.11 acres of property from Infill Planned Unit Development (IPUD) with a master plan for a multifamily use to IPUD with a master plan for a marina use. PROJECT DESCRIPTION Lancore Nursery, LLC Lancore Nursery, LLC / Bonnie Miskel, Esq., and Lauren Lending, of Siegel, Lipman, Dunay, Shepard, & Miskel, LLP 2632 North Federal Highway - east side of Federal Highway, North of Dimick Road (see Location Map - Exhibit "A") Special High Density Residential (SHDR) with a maximum density of 20 units per acre Infill Planned Unit Development (IPUD) with a master plan for a multifamily use No change proposed to land use classification Infill Planned Unit Development (IPUD) with a master plan for a marina use Marina / yacht club 4.11 acres (179,130 square feet) - 176 - North: To the north, property classified Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD), approved as Peninsula at Boynton Beach for 30 townhomes and 40 condominiums (the project is partially built and currently in foreclosure); South: Right-of-way for Dimick Road, and farther southwest, a vacant parcel classified Local Retail Commercial (LRC) and zoned Community Commercial (C-3),and farther south, several single-family residences on the south side of Dimick Road classified Low Density Residential (LOR) and zoned Single-Family Residential (R-1AA), with the exception of a single-family home adjacent to the vacant commercial property, which is zoned C-3; East: The Intracoastal Waterway (ICWW) to the northeast, and to the southeast right-of-way for Lake Drive and single-family residences on the east side of Lake Drive that are classified Low Density Residential (LOR) and zoned Single-Family Residential (R-1AA); and, West: Right-of-way for Federal Highway to the northwest, and farther west across Federal Highway, the Crossings PUD classified High Density Residential (HDR) and zoned Planned Unit Development (PUD); to the southwest, developed commercial property designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3). BACKGROUND In July of 2006, the subject property was approved for the 82 multifamily unit project, Casa Del Mar. The approvals included a land use amendment (LUAR 06-018) to the Special High Density Residential (SHDR) classification, a rezoning (LUAR 06-018) to the Infill Planned Unit Development (IPUD) zoning district, a new site plan (NWSP 06-015), and a height exception (HTEX 06-007). The approvals were granted at the peak of the housing market boom; the market started to deteriorate soon thereafter, undermining the financial feasibility of the project. Consequently, the property owners applied for and obtained three one-year time extensions - in 2007 (SPTE 07-009), 2008 (SPTE 08-009) and 2009 (SPTE 09-010) - for the site plan and height exception. The last one, granted on September 14th, 2009, will expire on July 18, 2010. Currently, the real estate market remains severely depressed and generally unsupportive of residential, and particularly multifamily projects. Given the still high unsold inventory, constrained access to financing and rising unemployment, a turnaround is not expected in the near future. Moreover, the multifamily market is likely to take much longer to recover. While retaining the current approvals, the applicant has turned to a non-residential option for the development of the property and is requesting an approval for rezoning to the Infill Planned Unit Development (IPUD) with a master plan for a marina use. The property is presently zoned IPUD; however, pursuant to the Land Development Regulations, approval of the proposed new master plan must be processed as a part of rezoning. To accommodate the proposed use in the IPUD zoning district, the city has approved, on December 1, 2009, interim amendments to the Land Development Regulations (LOR), which correspond with the concurrently approved Comprehensive Plan text amendments. The Comprehensive Plan text amendments incorporate "surface water" provisions that support greater water access including accommodations for marina uses in the coastal area consistent with the County's Manatee Protection Plan. The code amendments implement Policies 1.3.1 and 7.11.7 with land development regulations - 177 - that incorporate into the Infill Planned Unit Development District (IPUD) use provIsions and development standards to guide the addition of certain marine-oriented and water-dependent uses. In addition to rezoning, the applicant's requests include a conditional use/site plan and two variances which are being processed concurrently. MASTER PLAN DESCRIPTION As indicated in the Background section, Land Development Regulations require approval of a master plan concurrent with approval of a rezoning to the Infill Planned Unit Development (IPUD) district. If the project is to be constructed in one (1) phase, a site plan may take the place of the master plan, as is requested in this case. The Master Plan / Site Plan proposes a Marina / Yacht Club, which would include 320 dry and 35 wet slips, and 75,013 square feet of building area. Proposed buildings include the following: one-story boat sales showroom and office (5,000 square feet); boat (dry stack) storage (55,173 square feet) at 66 feet in height; 3-story club house, retail store, offices (9,986 square feet); one-story boat staging and washdown (4,454 square feet); and dock hand pavillion (400 square feet) with 99 parking spaces on site, including four (4) spaces designated for handicap use. and pedestrian connectivity throughout the site. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map or a rezoning. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling units exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The proposed rezoning includes a master plan for a marina / yacht club, a non-residential use, therefore the first part of the criterion (a) is not applicable. The subject request is clearly consistent with several of the City's policies, while a number of other policies raise issues that need to be addressed. The following Comprehensive Plan policies are relevant in review of the request: Land Use Element: Policy 1.3.1 (a) In addition to other allowed non-residential uses, the City may allow marine- oriented and water-dependent uses in the Special High Density Residential category in conjunction with the Palm Beach County Manatee Protection Plan (the MPP) as adopted in August of 2007. A site for a proposed facility must be designated as 'fpreferrecJ'W:JJ/f/D11 by the Boat Facility Siting Plan contained in the MPP and must be consistent with all applicable Plan recommendations and policies for boat facilities. The City shall also establish land development regulations that maximize land use - 178 - compatibility and protect residential neighborhoods from negative impacts of subject uses. Policy 1.17.1 The City shall continue to attract a mix of high value industrial, commercial and residential development that will strengthen the tax base and generate employment opportunities for residents without affecting the City's neighborhoods and community character. Coastal ManaQement Element: Objective 7. 11 The City shall continue to search for opportunities to increase the amount of water- dependent and water-related uses and public access to beach and shoreline facilities by prioritizing shoreline uses with priority given to water-dependent uses. Policy 7. 11. 1 The City shall continue support, through resolutions, area-wide efforts to acquire and develop additional waterfront and beachfront sites on the condition that such increases do not harm natural resources. Policy 7. 11.4 The City shall consider, cognizant of impacts to established uses, criteria for marina siting to give priority to development plans which increase public interaction with the waterfront. The City shall consider developing performance standards which guide the review of proposals in this respect. Policy 7.11.7 The City shall ensure that any new marina or marina expansion minimizes impacts on coastal and marine resources by coordinating review of marina development with input from all appropriate federal, state, regional, and county agencies. The City shall establish land development regulations regarding marina siting consistent with the Palm Beach County Manatee Protection Plan. Policy 7.11.8 The City shall only allow for location of marinas, boat ramps and other water-dependent uses in a manner which protects sea grass and manatees. (....) To further this goal, new marinas shall only be permitted within the areas identified as a "Preferred" siting category in accordance with the Palm Beach County Manatee Protection Plan. InterQovernmental Coordination Element: Policy 8.13.6 The City shall support the implementation of the Palm Beach County Manatee Protection Plan, and coordinate with the County on all issues regarding compliance with the MPP's Boat Facility Siting Plan. The request is generally consistent with the above cited policies, especially policies related to Objective 7.11 of the Coastal Management Element, which promotes opportunities to increase water-dependent and water-related uses. Moreover: (1) The marina siting in the proposed rezoning complies with the Boat Facility Siting Plan (BFSP), incorporated into the Palm Beach County Manatee Protection Plan (MPP). The subject property is located along the only segment of the City's shoreline designated as "Preferred" in the BFSP: policies 1.3.1 (a) of the Land Use Element and 7.11.8 of the Coastal Management Element limit permitting new marinas to areas with the "Preferred" designation; and (2) The proposed marina use represents a potential significant economic benefit to the city in terms of direct and indirect job generation. - 179 - Any potential benefits of the subject rezoning, though, need to be weighted against issues involving land use compatibility and protection of community character, as stated in Policy 1.17.1. The main intent of this policy is to protect existing and stable single-family residential neighborhoods. This intent is also present in the 2001 Federal Highway Corridor Community Redevelopment Plan (the subject property is located in the Planning Area I): the Plan recommends establishment of appropriate development standards to accomplish this goal. These recommendations were implemented through the 2004 amendments to the IPUD regulations. The recently amended Policy 1.3.1 (a) of the Future Land Use Element, that allows marina uses in the Special High Density land use designation, requires the City to make additional enhancements to land development regulations that maximize land use compatibility and protect residential neighborhoods from negative impacts of such uses. This requirement was met through the recently approved amendments to the IPUD (see the Background section). The amendments include provisions to address and mitigate potential negative visual and non-visual impacts of the proposed use, such as noise and traffic, on the surrounding residential areas. However, the amended IPUD district regulations allow a maximum building height of 45 feet, while the master plan indicates a proposed height of 66 feet for the boat storage building. Staff concludes that, for the proposed height, the protection afforded by the current regulations of the IPUD zoning district would not be adequate to ensure reasonable land use compatibility between the proposed project and the surrounding single family neighborhoods. As stated, the applicant has applied for a height variance. Further analysis of this issue can be found in the staff reports for the corresponding variances and conditional use/site plan requests. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The land use patterns in the subject area are fairly diverse, and include both residential uses - of various densities, from high to low - and commercial uses on east side of US1, facing the roadway. There is another marina directly north of the City's boundary. The adjacent property north of the subject parcel is the site of the partially built "Penninsula" project, and is zoned IPUD. However, the project is a residentiallPUD. It still may be argued that the proposed rezoning relates to adjacent and nearby districts through its potential job creation and recreation value. Moreover, there would be a market potential for the marina spin-off businesses to locate on nearby commercial parcels. Nevertheless, serious incompatibility issues related to the requested height remain (see the previous section). c. Whether changed or changing conditions make the proposed rezoning desirable. As discussed in the Background section, the current approval for a residential project on the subject site will expire on July 18, 2010. The project is one of the many casualties of the residential market collapse. It is highly unlikely that it will be financially feasible in the nearest future. Moreover, commercial and industrial markets are also depressed. A marina / yacht club is a niche commercial use, and there are indications that "luxury" spending has to some extent recovered. Therefore, the "changing conditions", understood as changing market conditions likely make the proposed rezoning desirable. Moreover, the ongoing recession has underscored the need for diversification of the City's economy, for the benefit of both the community Uobs) and the City (diversification of the tax base). d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The proposed mixed-use development is compatible with utility systems, roadways, and other public facilities. This conclusion is based on the following analyses: - 180 - Potable Water and Sewer Demands for water and sewer capacity will increase due to the addition of 75,013 square feet of a marina use onto the site. Total project demand for potable water is estimated to increase by 10,625 gallons per day; demand for sewer capacity is estimated to increase by 8,500 gallons per day. The following is the information regarding the city's water and sewer capacity: Water Plant capacity 29 MGD peak daily flow SFWMD permitted withdrawals 20.9 MGD annual average daily flow Contracted amount to purchase from County 5 MGD peak daily flow Wellfields' permitted capacity 20.9 MGD annual average daily flow Total Water System capacity 25.9 MGD annual average daily flow Expiration date of water use permit December 2029 Sewer Plant capacity 24 MGD annual average daily flow Committed or allocated capacity* 19 MGD annual average daily flow * Committed and allocated capacity includes current flows and future flows committed for projects that have been approved but not yet completed Traffic Since no change is proposed to the existing land use classification of Special High Density Residential, long-term traffic impact is consistent with the vested maximum use intensity of said classification. The applicant has also submitted a concurrency traffic impact analysis to ensure compliance with the Traffic Performance Standards (TPS) of Palm Beach County. A concurrency determination is required for a site plan (see the conditional use/site plan staff report for comments regarding this analysis). Solid waste On January, 2009, the Palm Beach County Solid Waste Authority notified the City that the sufficient disposal capacity will be available at the existing landfill through approximately the year 2024. Drainaqe Drainage will be reviewed in detail as part of site plan review, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. See narratives for (a) and (b) above. If approved at the permitted height of 45 feet, the rezoning is reasonably compatible with the current and future use of adjacent and nearby properties. The Federal Highway Corridor Community Redevelopment Plan does not at present recommend intensification of land use in the subject area; however, future planning for energy-efficient land use patterns connected to the FEC corridor transit plan is likely to produce - in the long term - redevelopment with intensities and heights beyond the current pattern. If approved at the permitted height, the rezoning may have a positive impact on local property values. Assumptions regarding the future redevelopment trends would push the property values higher as significant number of buyers may be attracted to the idea of living in the vicinity of a yacht club. Moreover, high aesthetic quality of the project would enhance the quality of the neighborhood. - 181 - Conversely, at the proposed height, many buyers for single-family homes may be deterred from acquiring property adjacent to the project, which would result in lower property values. f. Whether the property is physically and economically developable under the existing zoning. Since the IPUD is a planned zoning district, the question is whether the existing residential Casa Del Mar project is physically and economically feasible. There have not been any physical constraints to the project, but, as explained in section (c), in the short term it remains economically unfeasible. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. Most issues pertaining to this question have already been discussed in sections (b), (c), and (d). The project would benefit the City through its contribution to the economic growth and the tax base. The City would also expand its water-based industry - an important benefit for a community with a significant shoreline. Therefore, the request is "reasonably" related to the needs of the City as a whole. However, it is staff's opinion that, at the requested height, the project is out of scale with the neighborhood, and its anticipated benefits do not outweigh its potential negative impacts. As noted before, the mitigation measures employed in the project design cannot adequately address such potential incompatibility issues. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. Pursuant to the City's Comprehensive Plan policies discussed in section (a), new marinas can only be permitted within the areas identified as a "Preferred" siting category in accordance with the Palm Beach County Manatee Protection Plan. At this time, there are no adequate and available sites along the City's coastline within the "Preferred" marina siting designation. RECOMMENDATION As indicated herein, staff has reviewed the proposed rezoning using the criteria listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. The request is consistent with several Comprehensive Plan policies; it has also been established that the proposed development will not create additional impacts on infrastructure that cannot be accommodated within existing capacities. The project would also contribute to the overall economic growth of the City. However, staff has concluded that, at the requested height of 66 feet, the incompatibility issue cannot be adequately addressed. The project's design would effectively mitigate potential negative impacts on the surrounding single-family neighborhoods at the allowed height of 45 feet, in which case any remaining concerns would be offset by the project's significant benefits. Staff cannot support the proposed rezoning with the proposed height and therefore recommends that the rezoning request be approved subject to compliance with the maximum height allowed in the IPUD zoning district. S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\Casa del Mar Yacht Club\REZN 09-003\Staff Report Rezoning.doc - 182 - - 183 - 8. C PUBLIC HEARING January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS i:8J PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: Pro-Golf / Mega Mini (ADAP 09-002), Administrative Appeal, located at 2951 SW 14th Place. Request approval for an appeal of an adm inistrative determination that a storage bay shall not be used to manufacture, fabricate or process goods in a self- storage facility in the M-1 Zoning District as indicated in Chapter 2. Zoning, Section 11. O.1.c. Applicant: Michael Weiner, Weiner & Associates, P.A. This item was TABLED at the December 15,2009 City Commission meeting in order for the applicant to satisfy the prerequiste public notification requirements. EXPLANATION OF REQUEST: Appeal of administrative determination involving the limitation on business activities within a self storage establishment as regulated by the M-1 Zoning District, Chapter 2. Zoning Section 11.0.1.c. The Planning and Development Board reviewed this item on October 2ih and on November 24th, and forwards it to the City Commission with a recommendation (by a 4-3 vote) to approve the appeal to allow existing bays to be used by businesses in accordance "with the M-1 zoning district in effect in 1974" (at time of original approval and construction). Staff continues to oppose the appeal, based on the significant evidence that the original approval, including site design and construction, was intended for, and limited to storage/warehouse use. Although the appellant continues to claim that the original approval and construction was intended for business activities consistent with the M-1 zoning district and not limited to storage/warehouse use, no supporting documentation has been provided. Further, the applicant has a false understanding of when the project was approved and built. Subsequent to the Board hearing, staff confirmed the original approval occurred in 1979 (the applicant claims 1974 to be the date of completion). Although, staff has been unable to locate the necessary historic site plan or original files, staff has presented to date substantial evidence necessary to support its position regarding the original approval and intended use (storage/warehouse). This evidence is documented in staff memorandum #PZ 09-002 and #PZ 09-080, and in part, is based on parking calculations, construction characteristics, historic and current building - 184 - codes, markings on newer site plan documents, minutes from initial site plan approval, Business Tax Records, historic and current zoning regulations, and County Property Appraiser records. The most recent finding, which further supports staffs position, includes the minutes from the original site plan approval hearing where the project was described as "400 mini warehouses" in a first phase, and the agent was recorded saying: "they would be mini-warehouse units varying in size from 5 x 10' to somewhat larger" ; "local business people using them to store materials" (in describing how a similar project serves businesses in Boca Raton); "the intent was that any office space would be in conjunction with a storaqe area" (describing the purpose for individual offices); and "the parking requirement for dead storaqe is very low" (stated to describe the general low parking characteristics of the project). Staff acknowledges that errors may have been made in the past processing of a few business applications; however, such historic actions should not be the basis for supporting the appeal. Furthermore, the Commission should clearly understand that the subject property and improvements do not satisfy the requirements of the building codes for business occupancies. The use of the property for many uses allowed in the M-1 zoning district would exacerbate current unsafe conditions and represent a further violation of applicable building codes (the appellant requests that the improvements should also be "grandfathered" along with the use/zoning, and that any physical upgrades would be cost prohibitive). The Commission should also seriously consider the potential negative precedence to be set if the appeal were approved. The City contains several other old storage businesses that could use such action to justify the filing of similar appeals, or to justify similar business activities in non-code compliant conditions. Staff will be prepared to fully explain the statements made herein, including detailed information on current business approvals and current site conditions and citations. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval of appeal could cause an increase in needed site inspections by Building, Business Tax, Code Compliance and Fire personnel, or an increase in needed emergency service actions if unsafe conditions worsen. FISCAL IMPACT: N/A ALTERNATIVES: Deny appeal, or denial appeal and direct staff to evaluate regulations and site for minimal amendments and modifications to support limited business activity in a code compliant and safe manner. - 185 - DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 09-002 TO: Chair and members Planning & Development Board FROM: Maxime Ducoste-A. Zoning and Business Tax Manager THROUGH: Michael Rumpf Planning and Zoning Director DATE: September 15, 2009 RE: Pro-Fit Golf / Mega Mini (ADAP 09-002) Appealing administrative determination that a storage bay shall not be used to manufacture, fabricate or process goods in a Self-storage facility bay in the M-l Zoning District (see Exhibit "A" -Location Map) in accordance with Chapter 2. Zoning, Section 11.O.l.c BACKGROUND On July 14,2009, the city received a letter from Michael Weiner, attorney with the firm of Weiner & Aronson, P A representing a request for an appeal of an administrative decision, which was a zoning determination made on July 1 st, 2009 (see Exhibit "B"). More specifically, the letter claims that a business named "Pro-Fit Golf Equipment" should be allowed to operate an assembly, repair, wholesale and distribution use in a self-storage facility bay in the M-l Zoning District. The proposed use, which involves the assembly, repair and wholesale distribution of golf equipment, is allowed as a manufacturing use within an M-l district, but is more intense than, and is subject to greater site design standards and higher building codes than self storage uses. The basis for the administrative denial of the use is clearly in accordance with Chapter 2. Zoning, Section 11.O.1.c. Supplemental Regulations (see below). c. Use of bays. The use of storage bays shall be limited to dead storage of household goods, personal property or records for commercial businesses. Storage bays shall not be used to manufacture, fabricate or process goods; service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity. Individual storage bays or private postal boxes within a self-service storage facility shall not be considered a premise for the purpose of assigning a legal address in order to obtain a business tax receipt or other governmental permit or license to do business. " Mr. Weiner requests that the subject use be construed as an allowed use within the City's M-l, Industrial zoning district to the same extent as other industrial uses are permitted in a standard industrial bay. - 186 - Justifications provided to support the request of the Appellant emphasized that all uses in the M-l district have historically been allowed to operate on the subject property. On July 1 st, after conducting the appropriate review, staff replied in writing to the request for zoning approval for the subject use (see Exhibit "C"). Staff denied the request that the subject use be allowed at the proposed location, based on the sound conclusion that the subject use possesses characteristics that are clearly industrial in nature as described by, and not allowed at a self storage use, per Section l1.0.1.c.. The use would be categorized as a wholesale/distribution, manufacturing use and is allowed in all other industrial warehouse spaces in the City's industrial zoning district. Further, the administrative decision is solely based on the City's definition of, and regulations for self service storage facilities (mini-warehouse), pursuant to the Supplemental Regulations which sets the parameters for regulating self-storage facilities within the City. The City's zoning code definition and the supplemental regulations clearly prohibit any type of processing and manufacturing within individual storage bays. In a letter dated July 14, 2009, Mr. Weiner appealed the staff determination thereby requesting that the matter be reviewed by the Planning and Development Board and City Commission (see Exhibit "D"). The City's Land Development Regulations, Part III, Chapter 1.5, Section 4. 1 (E)(3) provides for the review of appeals of the decisions of an administrative official, by individuals who may be affected by any decision of an administrative official interpreting any zoning ordinance. The only procedural rule stated in the LDR is that the appeal be made within 30 days from the date of the administrative action. The subject appeal has been filed consistent with this requirement. FINDINGS AND ANALYSIS The staff analysis on which the original determination was based, concentrated on the following: 1. The intent and nature of the M-l zoning district; 2. The characteristics of a self storage facility (mini -warehouse); and 3. The intent and nature of the Supplemental Regulations for self-storage facilities; Section 8.A of the city's zoning regulations describes the intent of the M-l zoning district to"... provide appropriate space for industrial uses, wholesale and distribution and manufacturing uses, located to provide use compatibility to all.". The M-l district includes the following uses (paraphrased): Stone cutting and finishing Carwashes* Catering and food services Millwork and truss plants as specified in Section 8.A2. * Warehouses, Self service storage facilities Bulk or non-bulk wholesale or retail sale of (mini-warehouses) in accordance with solvents and cleaning preparation Section 11.0 Machine shops, welding and metalworking Medical or scientific research which shops, tinsmith and sheet metal fabrication involves the use, treatment, storage or processing of human or animal bodies or body parts * Manufacturing, fabrication and processing Service, repair, rebuilding, and storage of of plastic products automobiles, buses, trucks, and other motor vehicles Manufacturing, fabrication and processing Print shops, photographic laboratories of fiberglass Printing, publishing, book-biding, etc Manufacturing of furniture, cabinets and - 187 - wood fixtures Storage, distribution, wholesale of Medical and dental labs chemicals, pesticides and herbicides Chemical cleaning and etching of metal Storage, distribution of building materials Tire recapping Industrial launderers, laundry and dry- cleaning plants (Note: conditional uses are identified with the "*") Intent and Nature ofM-l Zoning District The above table represents an array of use categories that primarily include manufacturing, assembling, distribution, etc. Furthermore, it should be emphasized that those uses are listed as principal uses in the M-l district including as an independent principal use, self-service storage facilities. Such uses are directly related to either the manufacturing industry or provide a related and necessary professional service such as that required in connection with the manufacturing, assembling, and distribution of goods. The list above also includes heavy industrial uses that are typically accommodated in the industrial zoning district based on zoning practice, law and compatibility. Under Section 8 A 1. M-I, Industrial district, numerous uses are identified as being allowed or permitted, and are grouped into 4 categories. The categories are listed as follows: permitted by-right; permitted uses subject to distance requirement; permitted uses which use, handle, store, display, or generate hazardous materials, waste or toxic substances; and conditional uses. Section 8.Al.c., which defines the permitted uses in the storage, distribution and wholesale subcategory, includes 17 separate use groups. Further, self storage facilities (mini-warehouses) are permitted in the industrial district as a principal use. Contrary to the Appellant's interpretation, the intent of the code was not to combine all permitted uses of the industrial district under the self-storage facility use, but to distinguish self-storage as an independent, specific use consistent with the uniqueness of the corresponding regulations. Characteristics of Self Storage Use Categorv It is traditional and typical for uses such as self storage facilities to be located in the industrial district in relative proximity to small business and residences. This use includes distinct limited services such as individual leased bays to persons for dead storage of household goods, personal property or records for commercial businesses. The nature and characteristic of this use category is to provide an alternative means for storing household goods and a commercial storage support service such as record keeping, while excluding any form of manufacturing, fabrication, or processes that are otherwise limited to properly designated sites and buildings in the M-l district. The subject property was improved with a self storage facility. The design and construction was based upon minimal occupancy and moderate to low hazards present in and around the building. This has been the conclusion from the City's Building Official, Wayne R. Bergman (see Exhibit "E") dated September 1 st, 2009. According to Mr. Bergman, the Florida Building Code classifies self storage uses as an S-l use/occupancy group. Over time several units have been occupied by light manufacturing uses (F-l or F- 2 use/occupancy groups). These changes trigger several requirements of Chapter 9, Existing Buildings of the Florida Building Code. Each individual unit subject to the occupancy change may require fire-rated partition walls, changes to the required means of egress, handicap accessibility, fire protection upgrades, electrical upgrades, mechanical improvements, and proper chemical and hazardous material storage. Pro-Fit Golf Equipment - Assemblv, repair. wholesale and distribution as Principal Use - 188 - In contrast, the Pro-Fit Golf Equipment business is a company whose primary business is that of assembly, repair and wholesale distribution of golf equipment. According to the application submitted to the Business Tax Division, the product line consists of golf equipment intended for amateur use. It is understood that the equipment is assembled, manufactured and repaired onsite, in the self-storage bay. Furthermore, the operation consists of using equipment that is typical oflight to industrial operations allowed in the M-l zoning district, but specifically prohibited from operating within a self storage business pursuant to Chapter 2. Zoning, Section 11.0 .l.c of the Land Development Regulations. Site Design requirements, characteristics and intensity As stated previously, the subject property was improved with a self storage facility in March 1987 (see Exhibit "F" Approved Site Plan). The design and construction was based, in part, upon minimal occupancy, minimal traffic generation, and remote and limited parking for storage use. The original parking requirement for the self-storage use was based on the total square footage of the facility. The subject property was approved for and included several buildings for a total of 120,000 square feet. As such, the required number of parking spaces for the proj ect is 150. The approved development provided 216 spaces. Currently, the minimum parking requirements for a multi-access self-storage facility is based on a ratio of 1 space per 200 storage bays, plus 1 space per 300 square feet of office space and 2 security spaces. Additionally, it requires 1 space per 5,000 square feet of paved and unpaved outdoor area used for storage. There are a total of 484 bays in the facility, according to the owner, Bill Thomas. As such, the minimum required parking for this project would be 6 spaces. Since the project was approved in 1987, warehouses and other storage facilities, including mini- warehouses and warehouse-industrial complexes were required to provide 1 parking space per 800 square feet of gross floor area, but not less than 2 parking spaces per rental unit of 500 square feet of gross floor area or greater; plus required parking spaces for any other principal uses, including retail and office floor area (see Exhibit "F", City's Land Development Regulations - 1981). In contrast, the Appellant' approach is that 216 of the 484 storage bays are subject to this appeal because those bays have electrical meters and have hinged doors. Using this approach, 216 bays could be used for any uses allowed in the M-l Zoning District. However, this methodology would require a greater number of parking spaces as each bay would constitute a change in occupancy, warranting a greater need for parking spaces and landscape requirements. Therefore for every storage bay a minimum of 4 parking spaces is required for any nonresidential use as per Chapter 2 Zoning Section 11.H.5 or any parking ratio required by the zoning code. As such, the total minimum parking required for the 216 storage bays would be 864. Staff concludes that the project was originally intended to be used for self-storage (mini-warehouse) for the storage of goods. The layout of the site does not accommodate proper access and drive aisle circulation. Further, patron parking spaces, including ADA required spaces and accessible routes, are not provided and located adjacent to individual bays, as would be required in a conventional warehouse proj ect. Historic approval and response to Appellant statements As stated previously, the subject property was approved for and improved with a self storage facility in March 1987. Subsequent to approval of the original site plan, modifications and expansions were approved. On November 18, 1986, a two-story, 19,000 square foot addition was approved. Further, on April 21 st, 1987, two buildings totaling 18,053 square feet were approved. The minutes of both meetings indicate that the new buildings and addition were to be used solely for storage and specialized storage, respectively (see Exhibit "G"). - 189 - As part of the appeal, the appellant provided a list of business approvals and points out the presence of electrical meters, prior business tax receipts, and existence of "man doors", as evidence that the City acknowledged, and that the property was designed for individual businesses. The list provided by the appellant includes 42 businesses that were processed at different times within a period of approximately 20 years. These approvals were granted in error; an oversight made prior to the consolidation of the Planning & Zoning Division and Occupational Licensing, when zoning reviews were not conducted in close conjunction with the City's zoning function but by licensing staff with limited familiarity with the City's Zoning Regulations. Overtime, several of those businesses have discontinued through attrition, and some identified by staff and intentionally not renewed. However, staff is currently aware of, and can confirm a total of three business tax receipts for non-conforming businesses at this location, in addition to the receipt for the self-storage use. With respect to the electrical meters, staff can only confirm the presence of a main electrical room with several Florida Power and Light meters located on the west side of the two-story building. Currently, staff is unaware of any other electrical meters for the self-storage use. In response to the existence of "man doors", this requirement is related to the Building Code. As stated in Exhibit "G", Minutes from the Planning & Development Board, March 10, 1987, exit doors are required if the storage space exceeds 200 square feet. The requirement of an exit door is a swinging door or man door. To meet the Building Code requirement relates to egress, the roll up doors were allowed with an access swing door for existing the storage space. With respect to the current business tax receipt designation of "General Warehouse/Storage", this is a broad designation for business tax purposes, which includes warehouses, self-storage bays, etc. The City's business tax designation is a comprehensive system which provides a designation or label for the majority of uses. However, the business tax receipt designation or category does not govern allowed uses; the zoning code takes precedence. Further, a warehouse designation does not imply, include, or is not synonymous with manufacturing, assembly, cutting, fabricating, repair, etc. CONCLUSIONS/RECOMMENDA TIONS Staff recommends that the appeal be denied, and that the staff determination regarding the denial of using storage bays in Self-storage facilities (mini-warehouses) as allowed in the M-l Zoning District, as required by Section 11.O.1.c, Supplemental Regulations be upheld. This recommendation is based, in part, on the following: 1. The operation of the subject use, Pro-Fit Golf Equipment, consists of a principal use that is clearly defined and allowed under Section 8.A.1.a of the M-l, Industrial District; 2. Self-storage facilities are allowed as principal uses in the M-l zoning district. The bays of any self-storage facility are not intended to be used to manufacture, fabricate or process goods; service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity pursuant to Section 11.0 .l.c. ; 3. The use as proposed would exceed the capacity of the site, and clearly be non-compliant with the City's development standards; 4. The use of self-storage bays for business operation would represent an immeasurable, serious safety hazard and the subject of a dangerous precedence setting action; 5. There are other use provisions within the M-l zoning district that clearly accommodate the subject use, and many other properties zoned accordingly. - 190 - Lastly, consideration should also be given to an inevitable consequence if this appeal is approved. Such approval could support subsequently-filed similar appeals, and ultimately weaken the definitions and interpretations that differentiate self-storage facilities (mini-warehouses) from other uses that allow manufacturing, assembling and distribution processes. This action could affect use compatibility, availability of land for the intended businesses and present a challenge to meeting the more intensive building code and applicable parking requirements as well as circumvent proper traffic impact review as required by Palm Beach County. Further, if this appeal is approved it would create inequity among small business owners, given that many abide by the respective standards and building codes that the subject business and property owner circumvent. However, should the Commission choose to support the appeal, it should be emphasized that the City's zoning regulations must be amended, and the project would have to be reviewed and improved accordingly to ensure compliance with all minimum site, building, plumbing, electrical, mechanical, and fire prevention codes. MR/MD Attachments S:\Planning\SHARED\WP\PROJECTS\MEGA MINI STORAGE\Pro-Fit Golf-Mega Mini ADAP 09-002\StaffReport.doc - 191 - .,.". i .,~."".. . ",S1W--27.T~---AV.~-._.'i ".. - U_ .--- ..----j i! i '! \ __i,_.,,~ .,,\:L1.......\..... '\~.'''~ ...~~....:i,~.;,~.':!"... S\N 2.7TH ~L I ' I \,'."j .. l I l \, \ 'L':irSW'~8TH!AV!E~~. .......... ., 230 115 0 ~~ 230 460 690 920 5 I Feet - 192 - MICHAEL WEINER & ASSOCIATES, P.A. ATTORNEYS AT LAW EXHIBIT B U @ 10 S.E. 1s: Avenue, Suite C Delray Beach. Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: mweiner(a:)zonelaw com JUL 1 4 2009 MICHAEL S. WEINER JASON S. MANKOFF KERRY D. SAFIER July 14, 2009 Mr. Michael W. Rumpf Director of Planning & Zoning City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Via Hand Deliverv Re: Administrative Appeal Our File No,: SPSC002 Dear Mike: This letter is an administrative appeal ("Appeal") of a decision of an administrative official pursuant to Chapter 1, General Provisions, Article VII, Section 1, Appeals, of the City of Boynton Beach Land Development Regulations ("LDRs"). This Appeal is being made by Michael Weiner & Associates, PA., counsel for the aggrieved parties, Pro-fit Golf Equipment and Mega Mini Co. (Ltd.), (collectively "Appellant"), the latter which is the owner of the property located at 2951 SW 14th Place, Boynton Beach, Florida ("Premises"). The decision being appealed is that the business operations of the Appellant are not permitted in the M-1 Industrial District ("M-1 "). The administrative decision was made in theletterto our client from Mr. Maxime Ducoste-A,dated July 1, 2009 ("Ducoste Letter"), a copy of which is attached as Exhibit "A". Since this is an Appeal of an administrative decision, I understand that the City Commission will hear and decide this Appeal. Since the decision was rendered on July 1, 2009, this Appeal is timely filed within fifteen (15) calendar days, as required. This deciSion is being appealed on two separate grounds, as will be explained further in the Appeal The first reason is because the operations of the Appellant are in fact a use that is permitted within the M-1. In the alternative, all uses in the M-1 have historically been permitted to be operated at the Premises. Enclosed please find a check in the amount of $750.00 representing the fee required for this Appeal. Pursuant to our discussion, I am confirming that a survey is not necessary for the filing of this Appeal; however, jf subsequently you decide tha~ you need a survey, one will be provided to you. - 193 - July 14,2009 Page 2 of 3 EXHIBIT B A Business Tax Receipt exists for the Premises under the name of Space Plus Storage Center and is attached as Exhibit "B". The Business Tax Receipt clearly indicates that general warehouse use is permitted at the Premises, Attached as Exhibit "C" is evidence that a Business Tax Receipt for general warehouse has been issued since at least 1999. This is the eariiest date for the records of the Business Tax Receipt section of the City of Boynton Beach Online Services Website. There are 629 leasable spaces ("Leasable Spaces") which consist of 413 dead self.storage bays ("Bays") and 216 larger warehouse units ("Units"). Attached~as Exhibit "0" is a Site Plan prepared by Jacek Schindler, RA showing the iayout of the Premises. Attached as Exhibit "E" is a breakdown of the Leasable Soaces indicating which Units are subject to this Appeal. L Uses Permitted in M-1 industrial District The property is located in the M-1, Section 8 of Chapter 2 of the LORs is titled M- 1 lndustriai District Regulations and Use Provisions. There are numerous permitted uses in the M-1, summarized as follows (reference numbers provided below are LDR Section numbers): y Section SA 1.a, provides that manufacturing, fabrication and processing are permitted uses; there are 21 separate subsections providing for many more permitted uses under this Section. r' Section SA 1.b. provides that commercial services are permitted uses; there are 16 separate subsections providing for many more permitted uses under this Section. >:' Section 8A 1.c provides that storage, distribution and wholesale uses are permitted uses; there al'e 17 separate subsections providing for many more permitted uses under this Section. y SectionBA 1.d. provides thaUransportation,communicalion, utilities and miscellaneous uses are permitted uses; there are 9 separate subsections providing for many more permitted uses under this Section. };.o Section SA 1.e provides that any commercial use not specifically listed as a permitted or conditional use in any other zoning district and which is not listed as a prohibited use in the M-1 zoning district is permitted. Section 8A1.c.(1) provides that the following uses are permitted: warehouses, self-storage facilities (mini warehouses) in accordance with Section 11.0 storage lockers, and cold storage, excluding uses specifically prohibited in Section 8A5, Ciearly, self service storage facilities are merely one subcategory of a permitted use pursuant to this Section. Of the total number of Leasable Spaces, 413 are Bays and are classified as self service storage fa cilities pu rsuant to 8 Ai. c. (1). These 413 Bays a re thus subject to and are required to meet the requirements of LOR Chapter 2, Zoning, Section 11.0.1.e, O:\SPSC002\LEttec to Rumpf re 8f:peal,July 14 20C9.dDC - 194 - July 14, 2009 Page 3 of3 EXHIBIT B which states that the use of storage bays should be limited to dead storage of household goods, personal property or records for commercial businesses. Thus, these 413 Bays are not sub.iect to this Appeal. In the storage industry, Bays are generally no larger than 10' x 20', are not separately metered (as 37 of the Units are), and do not have "man doors". Thus, for all these reasons, 216 of the Leasable Spaces are not Bays and should not be categorized as such These 216 Units are a permitted use under either the general warehouse designation or another permitted use of the M~ 1. Since the 216 Units are permitted uses, an occupational license should be issued for any such permitted use in the M-1 for any of these 216 Units. II. Non-conforming Uses Our client has ovvned and operated this business at the Premises since approximately 1978. For numerous years, tenants routinely obtained Business Tax Receipts from the City of Boynton Beach for a wide variety of permitted uses in the M-1, Please see the attached Exhibit "F" which is a list of varying businesses for which a Business Tax Receipt has been issued on the Premises. All information taken has been obt<:iined from the City of Boynton Beach Online Services Website, According to the City of Boynton Beach Online Services Website, at least 42 different business operations have applied for and been issued a Business Tax Receipt at the Premises since 1999, which is the earliest date for records on the website. All of the businesses are permitted uses in the M~1 under warehouse use and/or other permitted uses in the M~ 1 . However, just recently, in addition to the denial of a Business Tax Receiot in the Ducoste Letter, the City of Boynton Beach Code Enforcement Department has begun to issue notices of violationspertainingtothesameuses which have always been allowed to operate at the Premises, These actions are contrary to law. Please let me know the date of this appeal before the City Commission. We reserve all rights, including but not limited to the right to submit additional evidence in support t~~appeal at or prior to the City Commission. heal'ing. very'! ~r urs,/ . '10/ M r:;, '~I ,Weiner MSVV:e enclosures cc: Mr. Maxime Ducoste-A (via hand delivery wi enclosure) James Cherof, Esquire (w/enclosures) Ms. Janet Prainito, City Clerk (via hand~delivery wienclosures) MI', Bob Gaudio (w/o enclosures) O'\SPSC002\Letter to Rumpf re appeal.July 14 2009 do~ - 195 - EXHIBIT B fEr. j) XHIBITS TO APPEAL - 196 - EXHIBIT B The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E, Boynton Beach 80ulevarc P,O. Box 310 Bvynton Beach, Floflda J34~S-03lO TEL: 561-742-6260 FAX: $61.7'12.5259 www.boynton-~"ch.orq July 1"', 2009 Pro-fit Golf Equipment Robert J. Gaudio 301 Isle of Capri Drive Fort Lauderdale, FL 33301 Re: Pro-fit Golf EquipmGnt/wholesale distribution 2951 SW 14th Place, Boynton Beac!"l, FL 33426 Dear Mr Gaudio: Please be advised that the property is zoned M-:, Light Industrial. The existing use of the property is a self-storage fuciHty (mini-warehouse) known as Space Plus Storage Center. It is a permitted use in the Industrial District subject to Section 41,0. of the Supplemental Regulations (see attached). Staff has considered the proposed use, at the above-referenced address, for the assembiy! repair, wholesale distrrbution of goff equipments and must deny your request This response IS based on the fact that the use is proposed to be conducted in a self storage bay. According to Chapter 2, Zoning, Section 11.0,1 ,c., Supplemental Regulations, the use of storage b<'lY!,\ s,hallbe limited to dead storage of household goods, per$onal property or records of commercial businesses. C. Use of bays. The use of storage bays shall be limited to dead storage of household goods, personal property or records for commercial businesses. Storage bays shall not be used to manufacture, fabricate or process goods; service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repeur activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial acbvity. Individual storage bays or private postal boxes within a self-service storage facility shall not be considered a premise for the purpose of assigning a legal address in order te: obtain a business tax receipt or other governmentai permit or license to do business Therefore, we must deny your request for the above-referenced proposed use at the above- referenced address. Please contact me shOUld you need assistance in evaiuating any other locations that would further your business plan - 197 - .. Page 2. Juiy 1, 2009 i trust this adequately responds to your request; however, should you !',eed additions! information, do not hesitate to contact me at 561~742-6360 Sincerely, ~r ca- ! -~--- ~p"" .,......cc..;:'. Maxime Ducoste-A. Zonmg and Business Tax Manager xc: Michael Rumpf. Planning and Zoning DirectDr S'\Occupalion"I\LElIER8IYear 2009~M' SIN 14th PIE"" Denial ~I Pro-lit Goll Eo:uipem"n,.t Seff Siorage.doc - 198 - EXHIBIT B ; . ",~ ~~ ''-'~' i " - 199 - EXHIBIT B l;~H I~r~n"';~~ I nrrHiT'Y)' HelleV] Urf'mf' b~plnl"€ c lkellH: (1"""-+,",, !~o!\'Sl'-;i f-'(oun~ [ lI1rlil th ~~~~fW~i~~:lr;f:f1;@?f~,:,'i Online Services EXHIBIT B B,'.U. '(11\ 11c:,~ 'A v , ..)1 I \J L~,) I, ',/\ forme' 'Cccupatroral ,.rcerls.)s' Report I ~u,jness Issued 1 Phone Owner Classification 8usin:es~ Expires I: N"c:meJfl.ddrc."S5:, Number NamG COd" Status RNWITRN . SPACE PLUS SnRAGE CENTER (561) i 08/04/?OJ81 2951 SW '4TH PL 7340.30.3 FRIEDT. JR SL"NN GEI'ERAL WAREhOUSE/STORAGE Active I BOYNTON BEACH FL 3~42d 0813012009 SPACe PLUE STORAGe CeNTeR 1561) 08107/2007 2951 EW '4TH PL 704."303 FRIEDT. JR .SL"NN i G"NERAL WAREFOUSEISTORAGE AcHve 0712912008 BOYNTON BEACH Fl 3342(; 09/30/2008 I sPlice PLUS STORAGE CCNTER! 155') OB/1 umJ06 i ~~5~"?T~'~~~~~ FL 33426 .7:;46303 FRIEDT. JR GLEN" GENERAL WAREHOliSElSTORAGE Activp. 08/06/2007 C9/30/20(.7 SPACE PLUS STORA.GE CENTER I ,56') G8/11120('5 ~~~~:c;~~~~~ FL 33425 I IC4-63031 FRIEDT JR GLENN GENERAL VVARDIOUSE/STORAGE Active 08f0912OC'O C9/30/2006 SPACE PLUS STORA.GE CENTER I ,56<) -- 09117/20C4 ;'951 SW 14TH PL '(34-630' FRIFn, JR GlENf! GENERAL VIIAREHOUSC/STORA.GE Active 00109/20C5 BOYNTON BEACH FL33426 v 09130/20C5 I SPACE PLUS STORA.GE CENTER (561) 08127/20C3 I 2951 SW 14TH PL 734-6303 FRIEDT, JR GLENN GCNCfV>,L 'NARC I lOUSE/STORAGE i Active 0910112004 BOYNTON BEAC~ F:. 33426 09/30/2004 SPACE PLUS STORAGE CENTER (561) FRIEDT, JR GLENN I GENER.^.L 'NAREHOUSE/STORAGE 09/09/2002 2951 SW 14TH PL AcH.'e 08/21/2003 BOYNTON B"AC\1 Fe 33425 734-5303 09130/200 I SPACE PLUS STOR,..GF CFNTFR I ,50') 10111/20C1 12951 SW 14TH PL 7'4 630' FRIEDT, JR GLENN GENERAL WAREHOUSE/STORAGE Acti....e 09103/20C2 BOYNTON BEACrl Fe 33426 v' J 09130/2002 SPACE PLUS STOR^.GF CFNTFR (501) 09/08/2000 2951 SW 14TH PL FRIEDT. JR GLENN GENERA,l 'NAREHOUSEISTORAGE Ach".'€ I ~~~~~;~~~~ BOYNTON BEACH FL 33425 734-6303 SPACE PLUS STORAGE CENTER (561) GENERAL WAREHOUSE/STORAGE I 10/1411999 2951 SW 14TH Pl 734-630::::\ FRIFf)T, JR GLENN Acti','€ 09/07/2000 BOYNTON BEAC>; F _ 33425 I 09/3012000 https://c2gov,ci.boyntcn-beach.f1, us/Click2Gov BUBUNQRPTj sp?l s \Vbatlf=true&Contr.. 7/10/2009 - 200 - I ", ~",~-lL..--6------~--__.~~._~,,-------_.._~~ I ;:" I ,u, ;" hi I ;~ f:' ~E I : ~~)~ " I : :! 11'[ fm,:, '-, ;~ '. . .-' .--, e_; ""1" fi---II i;~ :lr'H ~[=-==.-.JJI . - !I'!' l"r "'....... I,~- I- ->~ ~HUl.W I ,1'1 ~ ':11 rr- , 'I ~ Q II" U i' 8 1i1 I"''''..o~. ~~ ,,~..f{; 6~wl :1', ' I I, ~,1L.c,-' ",,,,,jl' I I r1T1 ,~~ , w-----r:::::J[ 1 ,,~ b. .. . " I=,</~ 'J II'=~' , , ".-\1' I"" --, ,~ 1t,i,J, ~-~ ~ L~]~ ';", " ,~tJll1' II :J I~~I i ! '~' 1 - I I I) , ,.. ~ ! I '2" ."4.,l .' " ' r I , "I d 'I) : II in =:J E } l ,"" ~~-L, I j ~II ~= :-. -"""~~M~ = =].::=/It '='~=i \,.-[, ~i ,. n~ t--( "'--T'-('I ii:: i~~ 3: ".!II~ 1 ,~ ,I !l'1 ..1 'I~~ :::'", "''';Q~:;:}Jj- ~ ~ ~:;JS~~(ld rW1i"ill.c 0111.\'1:\ 'of ~ I " _.~,."' ,~., 2"'"" "J ~~ -, -.- -- .~ ._~ ~ I I ~: ~ -j II -~. "==":r~7--=--"--' _JiL '---S--' -''''-'-'-~~ --r==-'1""'::'[' - ---=- ==:~--=====:c~~ -----:-::~:;:;::::;_,_ _ l,<<;;;r""~","~'"' I~t ~5,,:'~ lOb! J- ]::: !~i i .p 16g ^ iJ. I U1 .{ "lIP 9(:jlt;~ lj 'H:J9 ND.H-..IAOtl '-Ie: Hit 1 . .10:S 1':d6{ III o t'l o 3'E1'ifrdO..L5 sn-'d 3::J'v;/dS ":;: =-~--=- =--"-no:-=---k- ~ ___ _ ------.~____~ -~-..- _.........._---~..._-,.._.. ~'"""-=.:....., EXHIBIT B !"III . " I ~ ii, Ii I ; Ji -, - n ~ ., -.. ~ '~;n' flli :---')', It1,Hlh.I,li.,II" I~G 1,'Hi1il"ll J 111%!!H! ;Wtl!H!f,.~____ c I - ! 0 L,: ~ ' ~, ~ .' ~, (,!i'l ''-F' I m!~ ~ ~ i -..., -------- '--., ---- -_.~-'-------------~-~.~~-~~"~ .---...J - 201 - ~~.--"Ilc 11-0 EXHIBIT B Space Plus Storage Center Size of I All M~1 Uses Leasable Spaces Number Permitted Subject to Appeal i 4x5 121 No No '"""~".~~_'~"'"n~'n~~.~'.~~~_~ 4 x 10 4 ! No No 5x8 5 No No 7xI 3 No No ~~~.~~~~ 5 x 10 113 No No 6 x 10 30 No No 7 x 10 31 No No 8 x 10 20 No No 1---- .. 10 x 10 84 No No 1Ox15 2 No No 10 x 20 55 , Yes Yes "'~''''''''~--'--'''-'----"-''---'---''-'''- --.-.--.---.-..-...----..-.-...--....--...--.-.,..-.1,.-,-............--..- 11 x 22 78 Yes Yes 11 x 29 18 Yes Yes ---~--_.....'.- """,.~-_.~, 15 x 22 16 Yes Yes 21 x16 1 Yes Yes 15 x 29 9 Yes Yes -----.-- .._-'....~'.._,~."~ -~-~~~ 15 x 32 1 Yes Yes 22 x 22 1 Yes Yes 13 x 40 9 Yes Yes -.-,---.---------------- 1 5 x 40 9 Yes Yes 20 x 30 6 Yes Yes 22 x 33 . 1 Yes Yes 22 x 42 2 Yes Yes 27 x 40 10 Yes Yes Bays less than 10 x 20 413 No No Units. 10}{ 20 or larger 216 Yes Yes Total Leasable Spaces. ,629 - 202 - I SPACE PLUS STORAGE CENTER I I ~~.. i Business C iassificatiol1 Additional Uses Specifically Name i Cede Permitted in M-1 (other than as ! I Genera! Warehouse) 1 W &. W VENDING AMUSEMENT ARCADE I 'M'~~. -, , PATIO PERFECT BUSINESS SERVICES/COPYRIGIIT FTC. 8A1.cJ2) ,~.- DUNNE, PHILIP M. CARPENTRY & CABiNET INSTALU,TION 8A 1.a,f6) or BA i .c(4) ! ! Me GRfI,TH MIRROR SERVICE CARPENTRY & CA8INElINSTALU,TlON BA1a(6) ori5A1.c.(4) I I -, - I BENCHMARK DESIGNS, INC CARPENTRY & CABINET INSTALLATION t SA1.a.(6) or 8A1,c,(4) I ! IHE SCREEN DEPOT, INC CONTRACTOR. AWNINGS/ALUMINUM SPECIALTY 8A ~ .c.(4) .. I ANSLEY'S ALUMINUM CONTRACTOR AWNINGS/ALUMINUM SPECIALTY 8A1c.(4) I ! I ! TOMASSETTI CONSTRUCTION, iNC CONTRACTOR. GENERAL BUILDING i 8A l.c(4) I I i ! , RIDGE GENERAL CONTRACTING co",,",cwe ~ G'<'ERAC "'''U>,,~---+ 8A~c(4) "~~,~ ~m"" MARINEllO CONSTRUCTION, INC CONTRACTOR. GENERAL BUilDING 8A1c.(~) 5MB CONSTRUCTION CORP CONTRACTOR. GENERAL BUILDING 8A1.c.(4) - COr'JTRACTOn . GeNERAL BUILDING ANSLEY ALUMINUM CORP CONTRACTOR. AWNINGS/ALUMINUM SPECIALTY 8AIC(4) CONTRACTOR. WINDOW/DOOR --. SUNCOAST CARPET SERVICES FLOORING/PANELING & CARPETING BA1 c.(4) THE I'IOUSE STAFF {#484) GENERAL WAREHOUSE/STORAGE D & S WHOLESALE GENERAL WAREHOUSE/STORAGE L EXHIBIT B 1 - 203 - EXHIBIT B ~ ~ j SPACE PLUS STORAGE CENTER ~ ~~.~~ I ~ j Additionsl Uses Specifically I Business Classification Name Code Permitted in M-1 (other than as I Genera! Warehouse) I SPACE PLUS STORAGF CFNTFR GENFRAL WAREHOUSE/STORAGE I ! i I MEGA MINI co., LTD GENERAL WAREHOUSE/STORAGE ~. j 1 ~~~~~~~~~,~~,~~~- 1 i BFDAK COMPANY GENERAL WAREHOUSE/STORAGE j ~ i ANDES GARDEN SERVICES GENERAL WAREHOUSE/STORAGE ! , ! TORRE'S, ISAAC CAREfUL CLEAN JANITORIAL & HOUSE CLEANING SERVICE I . ".~~m ! ! FINLEY & .JACKSON SERVICES JANITORIAL & HOUSE CLEANING SERVICE ! ! DOYLE MAINTENANCE CO INC LAWN & GARDEN SERVICE i BA 1.b.(7) or SA l,G.(9) -- ~.~.y~,~~~- L- I LUDAEM: LANDSCAPING & LAWN LAWN & GARDEN SERVICE ! 8.A.l.b.(7) or 8A 1.c.(9) , I DONAHUE'S PARADISE MAINTENANCE LAWN & GARDEN SERVICE i 8A1.b.(7) or BA1.c.(9) ! I I 1 i I I ! WILSON LAWN SERVICE LAWN,&.GARDEN SERVICE I 8AU.(7) or 8A1.c.(9) 1 I i I " EMERSON, KENNY LANDSCAPE CO. LAWN & GARDEN SERVICE 8A1b(7) or 8A1.c(9) ! ! I I<ERRY LANDSCAPE LAWN & GARDEN SERViCE SA 1.b(7) or 81U .c.(9} ~~~.'"" I I THE HOUSE STAFF 1#538) LAWN & GARDEN SERVICE 8.A.1.bU) or 8A1.c.(9) I DOYLE MAINTENANCE CO, INe LAWN & GARDEN SERVICE 8A1b(7) or 8A1c(91 1____ FORTRESS LOCKSMITHS LOCKSMITH 2 - 204 - I SPACE PLUS STORAGE CENTER r Business Classification Additional Uses Specifically Name Code Permitted in M-1 (other than as General Warehouse) BEACH BUTTER SUN CARE PRODUCTS MERCHANT - WHOLESALE THE SCREEN DEPOT, INC MFG, METAL PRODUCTS HA 1.a.(7) ~" .~- .------.-..~.,",.. .,.,~~, , , MINICK. GARY A i MFG - WOOD FURNITURE 8A1.a.(6) I(A YLA SOD MISC COMMERCIAL SVCS, t~EC , ! I DAYE, MICHAEL L. MISC. COMMERCIAL SVCS. NEC "'""'":~ CARPENTRY & CABINET INSTALLATION D J'S PRESSURE CLEANING PRESSURE CLEAN 8A1.b.(4) I SF!.. SERVICES OF BOYNION BEACH PROPERTY MANAGEMENT', RESIDENTI!,L SAi.b.(7) orHA1.c.(9) ! LAWN & G/-I.RDEN SERVICE ~ 1, .- I i ! D & L LANDSCAPING TREE TRIMMING/LANDSCAPING(CERTIFiEO) SA 1b.(7) or SA 1.c.(9) I , ! TRUCK RENTAL & LEASING I U-HAUl INTERNATIONAL, INC S.A.1.c(1?) I ~~,~,~ MEGA MINI CO, LTD. TRUCK RENTAL & LEASING 8.A.1.c.(12) -- __I PALM BEACH CAR & TRUCK RENTAL TRUCK RENTAL & LEASING 8A1.c.(12) I I I j I TRUCKING SERVICE, LOCAL i 8A1c(12) MURPHYS FURNITURE TRUCK, SERV ; I EXHIBIT B 3 - 205 - EXHIBIT C The (1'ty of Boynton Beach DEVIELOPMl:N7 DEPARTMENT PLANNING IiND ZONIJ\lG DIVISON 1M E. BGynton E\<!r.ch 1kl'Jle,'Ord P,O, "i<'" '110 Eioy1lor Beach, Flonda 33425-~31O TEL: 56>142-6260 FM: 561-742-G2SS www.bo.{ntOh.D.4ilch.org JUly 1S\ 2009 Pm-fit Golf Equipment Robert J, Gaudio 301 isle of Capri Drive Fort lauderdale, FL 33301 ~ Re: Pm-fit Golf Equipment/wholesale distribution 2951 SW M1n Place, Boynton Beach, FL 33426 Dear Mr Gaudio: Please be advised that the property is zoned M-"I, Light industria! The existing use of the prop.erty is a self-storage facflity (miniwwarehouss) known as Space Pius Storage Center, It is a permitted use in the Industrial District subject to Section 11.0. of the Supplemental Regulations (see attached). Staff has considered the proposed use, at the above-referenced address, for the assembiyl repair, wholesale distribution 01 golf equipments and must deny your request This response IS based on the fact that the use is proposed to be conducted in a self storage bay According to Chapter 2, Zoning, Section 11.0.1,0., Supplemental Regulations, the use of storage bays shall be limited to dead storage of rlouseho!d goods, personal property or records of commerCIal businesses c, Use ot bays The use of stor?lge bays shall be limit6\:! to dead storage of household goods, persona! property or records for commercial busirlesses. Storage bays shall not be used to manufacture, fabricate or process goods; service or repair vehicles, boats, smail engino,s or electrical equipment, or to conduct similar repair activities: conduct garage sales or ret<1il sales of any kind; or conduct any other commercial or industrial activity. Individual storage bays or private postal boxes within a self. service storage facility shall not be considered a premise for the purpose of assigning a iegal address in order to obtain a. business tax receipt or other governmental permit or licellse to do business. Therefore, we must deny your request for the abovEHsferenced proposed use at the above- referenced address. Please contact rne should you need assistance in evaluating any other locations that would further your business plan - 206 - $ Page 2 July 1, 20~XHIBIT C I trust this adequately responds to YOLlr request; however, should you need additional information, do not nesitate to contact me at 561-142-6360. Sincerely, r-7-'2:'~.j) t~_ Maxime Ducoste-A. Zoning and Business Tax Manager xc: Michael Rumpf, Planning and Zoning Director S'\::Jtwp"tlon.r\LEllERSW~I" Z00a\2~['1 SW 14th PI""" D.""lol of Pro.at Gol' Ec,oipem<ln, .t Se~ S\or~~B.doc - 207 - ! -' , 'f,' Page I of 1 Ducoste-Amedee, Maxime EXHIBIT 0 From: Bergman, Wayne Sent: Tuesday, September 01, 20099:29 AM To: Ducoste-Amedee, Maxime Cc: Greene, Quintus; Byrne, Nancy; Rumpf, Michael; Kemmer, Rodger: Large, Tim Subject: Self Storage Unit Appeal Max, I reviewed the Administrative Appeal regarding the current use of a storage unit at the Mega Mini storage facility. This is a zoning appeal, and will probably be based upon zoning regulations in the M-1 zoning district. However, strictly from a Florida Building Code standpoint, the building(s) were apparently originally permitted and constructed as a storage facility (8-1 use / occupancy group). All of its design and construction were based upon minimal occupancy and moderate to low hazards being present in and around the building. Several of the units have been converted, over time, with a new use of light manufacturing (F-1 or F-2 use f occupancy groups). These change of building code uses / occupancies trigger several requirements under the Florida Building Code, specifically the Florida Building Code, Existing Buildings, Chapter 9. The individual units subject to the occupancy change mmLlJ.,_sIDS)l;..tL<m<;;Lm,Lolect lbej;;l.g~eJ:)l.ljlQilJg)JQ fire- rated partition walls, changes to the required means of egress, handicapped accessibility requirements, fire protection (sprinkler and alarm) upgrades including upgrades to sprinkler heads and densities, electrical upgrades for machinery and emergency illumination, mechanical requirements including substantial increases in outside ventilation air requirements, increased demand requirements for plumbing facilities, and exterior wall ratings (fire rating). Chemical and hazardous material storage, part of any manufacturing process, should be reviewed for exempt (maximum) quantities. The building owner should, at a minimum, hire a licensed design professional to prepare the needed construction documents to permit a change of use / occupancy of the affected building (s) to the new use / occupancy group, as predicated by the actual activities occurring within the various storage units. The building(s) should be changed to an F-1 use / occupancy group, at a minimum, in compliance with the Florida Building Code, Existing Buildings, Chapter 9. Alternatively, the design professional may be able to verify if the existing building would qualify, under current code, to be an F-1 use / occupancy group, via a signed and sealed letter and report. I doubt this alternative would be easily achievable, as the required outside air ventilation rates alone would present a serious problem, Please advise if you would like the Building Division to assist with this appeal. Thank you, Wayne R. Bergman, Me!', L~~ED AI' Building Official City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 (561) 742-6373 9/14/2009 - 208 - [-(-~ l-L-~...JJ " ~ ., > '0 " .u o r~ ;; " ~. -' r; ;f :~ ~ " EXHIBIT E I',:, ;: ~-\ e i I '" ~ ,,' . LW 'i 'I "t . ii! : 1 I' II ' ~ ~ i~' "!l'~H!i, .....:L.'T-vr-..., ,', ' I ,. .~ / ! 0' . /.i'J~~ -.-~-~F.:n1'I'if{C\j,':lr~t~1 i ~:~~'~; h ~ I ~1~1 ~~ I ~ ~~~ t ~H~ ::~ ! j''''I!lllk~I:''~! !, WWljli;!jllWliH: oi!,): ';;J;ll,:dl: , 'ii',,';: ;;'i)! 'i';;;!!O!!!!ii!i. i' !ijiW~j;~,1;! ~ w"'II!1 +,j;!"I',,,,, ~~p~;~~~ ~~; -.'~ii~~;~jH~ ?~ i +-....- - - ~ ~ ~ " 'f, n PAI\Jl .; c., :! ;:~~~h;.~,~~>" =,,:c'..:c::.':....'"'~.'._ \ , f' " ;:;: ;?: T. n 2 ~ 1- --j~-: 1-'" -"'--:--J ~--'-----' ---, ! : I': , ~ : _ I :: 1: L_ : ~__~ LL-_____ - 209 - EXHIBIT F See, 11 BOYNTON BEACH CODE ~ (5) (4) Printing, engraving, or pub1ishlng located in inrlustrial or PID zones: One (1) parking space per two (2) employees, but not less than ono (1) pax'king space per five hundred (500) square feet of gTOS" floor area (for printing, engraving or publishing located in commercial zones, see (d)(15)), Wllrehouses and other indoor storage facili- ties, including mini-warehouses, and ware. house.indmtrial complexes: One (1) parking space per dg-ht hundred (800) square feet of gross floor <<rea, but not less than two (2) parking spaces per rental unit of five hundred (500) squz.re feet of gross floor area or great. er; plus required parking spa(es for any other prindpal uses, including retail and office floor area. \ Ji- (6) Wholesale establishments and distributing: One (1) lXIi'king space per eight hundred (800) square feet of gross floor area. (7) Moving and storage operations: One (1) parking spa,ce per eight hUJ1dred (800) square feet of gross floor area, (8) Truck terminals and transfel" stations: One (1) parking space pel' eight hundred (800) square feet or gross floor area. (9) Laboratories and research and development: One (1) parkiDg space per three hundred (300) squill'e feet of gross floor area. g. MiscGUmwous uses: (1) Taxi offices and bus stations ,; One (1) parking space per one hundrer! (100) square feet of gross floor area. (2) Communications facilities, including broad- c:asting facilities and telephone exchfU1ges: Bupp. No. 32 1948.8 - 210 - EXHIBIT G MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1986 SI'l'E PLAN MO!?:r:[ICATION 40 Project Name: Mega-Mini Self Storage Agen t : Doug Long Owner: Doug Long Legal Description: See '"Addendum en attached to the original copy of these Minutes Location: East of Congress Avenue, north of SoWo 30th Avenue Description: Request for approval of an amended site Plan to allow for a ~.~ -.-.,.. .2sr~,!~X~1.Qot storage_J!ddi tion between buildings D and E Mro Golden stated that the exterior design construction would be similar to the existing buildingso He added that the utilities for this project are existing, and no changes are required for the addition. Mro Golden advised that TRB recommends approval subject to staff comments 0 In response . to Chairman Trauger's inquiry., Mr. Golden explained that the two-story addition would be between and would connect with the buildings D and E. ----7 David zelk, Architect, N.E. 4th street, Fto Lauderdale, Florida, came forward to address the Board. He advised that agent and owner Doug Long was present also. In response to Mrs. Huckle's question, Mr. Zelk advised that the entire buildinq would be used for specialized dead sto~raqe: '--.rrrie remainder of the buildings are one-story. Mr. De Long moved that the application be approved subject to staff comments, seconded by Mrso Huckleo The motion carried 7~Oo ADJOURNMENT There being no further business to come before the Board, Mrs. Huckle moved that the meeting be adjourned. The motion was seconded by Mro De Long, and the meeting properly adjourned at 9:30 P.Mo ,jiYnoGc I~~:cl Linda Warlick Recording Secretary (Two Tapes) - 14 - - 211 - /EXHIBIT G MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 10, 1987 Mr. Hopper had no problem with the s.taff comments'. Mr. Pagli aculo moved, seconded by Mr. Wandel t, t'o approve the amended site plan to allow for screened porches, subject to staff comments attached as Exhibit G to the original copy of these minutes. 'rhere were several people from Boynton Lakes in the audience, and they applauded. One woman told of five people who already have their roofs 00, and they were told by the City that the roofs must come down. .Mr. Annunziato explained that the roofs were installed illegally. Perhaps they'can get a retroactive permit and a penalty, but that'..;as not related to this Board,but to the Building Department. 3. project Name; Agent; Owner; Location; Description: Manor Care Personal Care Facility Bernard Kelly Manor C~re, Inc. South Cqngress Avenue at Charter Drive, nQrthwest corner R~quest for approval of an amended site plan to allow for the addition of ten parking spaces The TRB recommended approval, subject to staff comments attached as Addendum,H to the original copy of these minutes. No one was present to represent the applicant. Mrs. Huckle moved, seconded by Mr. Schultz, to approve the request, subject to staff comments. Motion carried 7-0. 4. project Name: Agent: . Owner; I.ocation: Description: Mega-Mini Self Storage None Doug, Long East of, South Congress Avenue, between the L,W.D.D. L-28 Canal and S. W. 30th Avenue Request for approval of an amended site pl,an to allow for the addition of two new, > storage buildings consistinq of 18~053 square feet of floor space Mr. Golden said this project is located in Lawson Industrial Park, almost directly east of Manor Care. Building J is proposed to be l::>cat'ed at the east end of the complex. Building K will be located in the northeast corner of the complex, parallel and adjacent to the L-28 Canal. The two buildings will be s1:ngle story structures. Addi honal park- ing and landscaping will be provided. - 18 - - 212 - EXHIBIT G MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 10, 1987 No utility extensions are, proposed as the new buildings are solely to provide storage. The TRB recommended approval, subject to staff comments attached as Addendum I to the original copy of these minutes. David Zelch ,zelch and McMahon Architects, Iuc., Fort Lauderdale, Florida, reviewed the comments and had no real negative comments about them. However, he wished to have discussion on comments 5, 7 and 9 in Mr. Jaeger's memo. with reference to comment 5, Mr,. Zelch said the structure of Building J (the building running in a north/south directiortlh\ identical to the bv.i1ding adjacent to it on the .."est side. It is identically dimensioned and petitioned. Mr. Jaeger'sconun~l}:L..~~~:!.._~hat if ,they exceed 200sguare feet of tenant spac~ ex~.tdoors must be provided from all tenant. _spaces. _ The reguirement of, an exit door wOuld mean a swinqinq door orma:n' dpor. 'Mr ,'~ Zelch was not the Architect at theti:me( but the huiIdingtothewest received a C.o. this past April. The,same:tssue was brought to light regard- iag this situatiO,n, and he :Under~tood it was ove.rruled by somebOdy flt'om TallahasiSee. The roll up doors were allowed with an aC~,~_~.._~~l!.q_.s!oor for exiti1!9..:.. Mr. Annunziato inte:rrupted to say the issue was related to tbeBuilding Codie,. Even though Mr. Jaeger placed. this in his comments, Mr. Anuun.ziato did not think it was within the purview of this BOard to react to it. If Mr. Zelch had a disaJg:1jeefnsnt with the Building. Code requirement, he would still have to go befor,e the Building Official to discuss his disagreement,. That. pertained to comment 7 as well. Mr . Anm,mzeiatosaidcomment 9 was a Code requirement. Mr. Zelch stated that the curb the City was requesting was obviously a ,new Landscape Ordinance that was not in. effect when this was passed a year ago. There is no curbing, and they have, to put the curbing in, but it is adjacent to exist- ing landsclaping where no curbing had to be provided. They will be happy to pu.t a curb in on the additional 85 feet. Mr. Golden infOl;Illed Mr. Annunz~ato that nothing was discussed about the curbing: at the TRB meeting. Mr. Annunziato advised Mr. Zelch to get a clarification from Mr.. Jaeger. Other than these interpretations of the Code, Chairman Trauger asked Mr. Zelcb if he had any objection to any of the staff coniments . Mr. Zelch answered, "No," and then added that the otber thing would be the comment from W. D. Cavanaugh, 'F ire Department. He wondered if t,here was - 19 - - 213 - EXHIBIT G MINUTES - PLANNING &. ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 10, 1987 a reason for having the hydrant outside of the fence on previous approvals. Mr. Cavanaugh was a.sking that the exist- ing hydrant be placed inside of the fence. Mr. Zelch wanted to be sure they would not be creating another prob1em. Mrs. Huckle aSked if the existing hydrant Was on the applicant's property. Mr.Zelch answered affirmatively. ,.<('-""". Mrs. Huckle moved to approve the request, subject to staff COllllIlents. Mr. pagliarulo secQndedthe motion" and the motion carried 7~Q. COMMENTS BY MEMBERS Blowi n9...-2L?~.gg There was discussion about sand blowing. Chairman Trauger thought somewhere in the City's permitting process, a bond- ingmust be put up to stabilize the soil after it is stirred Up. Mr. Annunziato promised to bring that to the attention of the proper officials. Boar'd Mr. Ryder observed that this was the last time the present Board was meeting as a composite. ADJOURNMENT There being no further business to COlli;:! before the Board, the meeting adjourned at 9:05 P. M. ~~2~~ Recording Secretary (Two Tapes) - 20 - - 214 - 9. A CITY MANAGER'S REPORT January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 D ANNOUNCEM ENTS/PRESENT A TIONS ~ CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R010 -007-- (a) Approve and authorize execution of a Contract for "OCEANFRONT PARK BOARDWALK REPLACEMENT' Bid# 002-2730-10/CJD with: PALM BEACH MARINE CONSTRUCTION INC. of West Palm Beach, Florida, in the amount of: $1,281,262 plus a 10% contingency of $128, 126 for a total expenditure of: $1,409,388 and (b) Waive a minor technicality in the bid submission. EXPLANATION OF REQUEST: On December 8, 2009 Procurement received and opened 16 Bid Proposals for the project. The 3 lowest Bid Proposals are: . Palm Beach Marine Construction, Inc. . West Construction . Tenex Enterprises $1,281,262 1,342,750 1,347,325 Staff reviewed the Bid Proposals and recommends awarding the Contract to Palm Beach Marine Construction, Inc. The Bid Proposals were also reviewed by the City's consultant from Miller Legg Design who concurs with this recommendation. Palm Beach Marine Construction, Inc. recently completed the boardwalk at Jaycee Park. Their work was very good and they used the same materials that will be used at Oceanfront Park. They have experience working on numerous marine-based projects. Importantly, they are familiar with the Department of Environmental Protection's regulations, which will be critical at Oceanfront Park. Their references were checked prior to their award for Jaycee Park and were excellent. The City issued a lengthy Addendum #2 prior to the bid opening date. Included therein was a minor revision to one page of the actual 3-page Bid Proposal Form. When Palm Beach Marine Construction, Inc. submitted their Bid Proposal Form, they did not include the revised page as - 215 - issued with Addendum #2. The information contained on this page more clearly outlined some of the landscape specifications that were included in the project specs but not correctly noted on the Bid Proposal Form, thus requiring a revised form. However, Palm Beach Marine Construction's bid already included the original scope of the work even though the revised had not been submitted. This in no way affected the Bidder's pricing. However, when discovered and within 15 minutes after the opening, Palm Beach Marine Construction, Inc. provided the "revised" Bid Proposal page that was consistent with their original Bid Proposal amount. The City's Bid Documents in the "Notice to Contractors" section (Page NC-2), states "The City reserves the right to reject any and all Bids and to waive technical errors as heretofore set forth." Therefore, staff recommends that the Commission waive this minor technical error in order for this award to go forward. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The existing boardwalk is constructed from first generation plastic lumber. Due to the harsh conditions of being on the ocean from sun and sand, the boardwalk needs replacement. The area in front of the concession area will be covered to provide a large shaded area. The project also includes a stair walk from the lower parking lot to the upper parking lot. Additionally, Hurricane Wilma damaged several of the covered pavilions requiring removal. There is little covered area from which beach patrons can escape from the sun. The damaged and missing pavilions will be replaced with "sun shades" in eight (8) locations along the boardwalk in various lengths. The sun shades are such that will allow removal prior to an approaching hurricane. Replacement of the boardwalk will significantly improve the function and aesthetics of our most popular park, and will decrease the frequent maintenance needs of the existing boardwalk. FISCAL IMPACT: The Capital Improvement Program (CIP) budget includes an Engineer's estimate of $2,180,000 in Account # 302-4204-580-63-15 for this project. The $1,281,262 Bid Proposal represents a savings in excess of $898,000. Further, FEMA has tentatively approved a reimbursement to the City of approximately $248,000 once construction is completed and approved for final reimbursement. In total, this will return approximately $1,146,000 to the CIP for other projects. However, the funding source for this project is the Park Impact Fee so return of funds is restricted to other eligible projects that can be funded by Park Impact Fees. ALTERNATIVES: Not to replace the boardwalk and pavilions. - 216 - RESOLUTION NO. RI0- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE A WARD AND EXECUTION BY THE CITY MANAGER AND CITY CLERK OF A CONTRACT TO PALM BEACH MARINE CONSTRUCTION, INC., FOR BID #002- 2730-10/CJD, FOR "OCEANFRONT PARK BOARDWALK REPLACEMENT", IN THE AMOUNT OF $1,281,262.00 WITH AN OWNER'S CONTINGENCY OF 10% IN THE AMOUNT OF $128,126.00 FOR A TOTAL BUDGET APPROPRIATION OF $1,409,388.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 8, 2009, Procurement Services received and opened sixteen (16) bid proposals in response to #002-2730-10/CJD for "Oceanfront Park Boardwalk Replacement"; and WHEREAS, the City's consultant, Miller Legg Design and staff reviewed the bid proposals and recommend awarding the contract to Palm Beach Marine Construction, Inc., of West Palm Beach, Florida who was the lowest, most responsive, responsible bidder who met all qualifications; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award and authorize execution of a contract to Palm Beach Marine Construction, Inc., for Bid #002-2730-10/CJD "Oceanfront Park Boardwalk Replacement", in the amount of $1,281,262.00 with an owner's contingency of 10% in the amount of$128,126.00 for a total budget appropriation of$1,409,388.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the approval and execution by the City Manager and City Clerk of a contract with Palm Beach Marine Construction, Inc., for Bid#002-2730-10/CJD "Oceanfront Park Boardwalk Replacement", in the amount of $1,281,262.00 with an owner's contingency of 10% in the amount of $128,126.00 for a total budget appropriation of $1,409,388.00, a copy of which is attached hereto as - 217 - Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of January, 2010. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) - 218 - ORIGINAL BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.o. Box 310 Boynton Beach. florida 33425-0310 Telephone: (561) 742-6323 SEPTEMBER 22, 2009 BroadCBSt Date: Bid Title: OCEANFRONT PARK REPLACEMENI' OF BOARDWALK Bid Number. 002-273o-IOICJD Bid Received By: OCTOBER 17 J 2009J NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: OCfOBER 27, ZG()I). no later tban 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days afler such date and time. All awards made as a result of Ihis bid shall conform to applic:able sec:tions of the charter and codes of the City. Name of Vendor: Palm BRach Marine Construction. In~. Federall.D. Number: 75-2997419 A Corporation of the Stare of: F1orio;1$ Area Code: ( 5 61 ) Telephone Number: 588 -7 6 9 0 Area Code: ( 5 61 ) FAX Number: 697-3238 Mailing Address: 1410 Forsythe Road CllyJStatelZip: West Palm Beach, FL Ouevedo. Erp.R;dp.~t Name Typed Vendor Mailing Date: THIS PACE TO BE SUBMITTED ALONG WITH PROPOSAL BA-I - 219 - CI.:l !-I ~ liIl~ a;Z; "[:1;1 a.~ Z;;;) =g 8c ;::)Cl =::;z: ~< ;Z;CIJ 01 ~i ~~ ~~ ...;!;E ~= ~;:) Of/) ~Q ~= =- t'.J=>> o = ... .. - ;. ::J Cl i g 'I; 0. l;} ~ /I( Qw ~ i~ ~ b~ !ii Z~ : -~ "E = ~i ~~ ~ ='0 ;I ~ I~ g !:Its 0 -; i h ~ ~ 13 .w ~e 0 ~ ~ ~ ii!1 .- ~ ~ ~ ~t) i ! ~ : i~ ~ ~ ~ \ I^ aJ It ~ ~ "<;:-.... fJ fu i::MI: ..:l ~ -gr-~ g ~~ -< ~~ .~ ~~ ~= ~ "- .: ~ ""eo ~ "" III e 5 ~ ~ c-i ~-..;;;:;:. i- ~ ~g ~r:: 1-),;= ~ ~ rI:I 1-1- - I- - ~C1 IiIil .. 5 !i '-' ~ ~ ~ ~i ~ t ~ ~ ~~ ~ i !Z ~ ~ << ~ i ! ~~ :~ <C 12 ~ ~ ~x XXX><1><1XXXI>4 3 ,.N g ~ Jh~l~l S.7":' o~"':'(5. ~~ fGli8~~~;5!l~i II; ~:j h !iv I~ it .5 j~ o~~ ~I~ ~I '! == =s i~ Xu ;~ "i !!I ::c I- ! 1 ~ l ~ ~ ~ e ~ ;1_ ~!1 ~ ! ! z z ,5 ~ it ~ ~ U ~ .~ .. ~U~!~ !~'I I~ n ~ 2H ~~)! :: ~]BI i :1:( I it 0 .- ~ etl t:~ ;I!~lll: <1(< 0,.. ~ ji~~-~=<li~= !;=u~ ==(';;JII - 220 - REVISItD ADDENDUM n FORM/A'lTACHMENT DESCRIPTiON PACE NO. 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W u..11l I- [j'j <( _::l -w O::l 0 N I.L. 0::1 000 => ctl t-'" ':;;0 IYU) wO ffi~ ~@ U:i U) wCf,) Cf,)w ;::J :.:: <(Cf,) ::!:5 0..1:: .-lLU I- et: U(fJ cr~ 0 ::!(/) ~~ =>/= ~~ J:i: z 0 2:1- 0 ~ o::w 9;~ w w~ w::;; U i:i:O:::; CI- c..u U- ~ Q ILlY wQ w:::; z::; z Qi:t: ClllJ Z: t= Zen Zo U-IL :J:CO ::;:0:: waJ ::;; w Gilf g::l 0 ~ O::l 8::: <;(IL o=' 8~ IY=' 8 ;;. i:l)if) Z UllJ (fJ-< "'<Il I-(Il - 233 - ~ <i! $: Q ~ o Q:I IL o I- Z w ::;; W o :5 0- W 0,: :.: ~ 0.. I- Z o IJ: IL Z i'1i u o ADDENDA erN OF BOYNTON BEACH FLORIDA BID Tl11..E: BIDDER: Oceanfront Park Replacement of Boardwalk Palm Beach Marine Construction, Inc. DATESUBNnTTED: December 8, 2009 We propose and agree, if this bid is accepted, to COnlntct with the City o( Boynkln Beach, in the Contract Fonn, to furnish all material, equipment, machinery, tQOls, apparatus, means of transportation, constroction, coordination, labor and services necessary to complete/provide the work specified by the ConlraCl documents. Having studied the documents prepared by: Jody RivsrS/Kevin Ramsey, Project Managers (Name of Project Managcr/ArchltectIConsultant) and having examined ~ project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to Ihe Contract documents IUld the following addenda which we have received: ADDENDUM 1 2 3 DATE 10/22/09 11/18/09 12/2/09 ADDENDUM 4 DATE 1217/09 TIllS PAGE TO BE SIJBMrrrED ALONG WlI1I PROPOSAL IN ORDER FQR PACKAGE TO Bit CONSIDERED COMPLETE AND ACCJ;:PTABLE A-I - 234 - REVISED ADDENDUM ~ The City 01 Boynton. Beach . "'-_lilt IrMa III Eo......1ftIt ..._", '.0."3" IIojrlNltlllmdl, flltN/llG JJ,,"-6J/tl T~e: (SII} 'f4UJ/f Fo4X1 (f"}Uz.c" ACKNOWLEDGEMENT OF' ADDENDUM #1 "OCEANFRONT PARK REPLACEMENT OF BOARDWALK" BID #: 002-2730~ 1 OICJD RESPONDENT MUST SIGN, DATE AND INCLUDE THIS -ACKNOWLEDGEMENT OF ADDJ:NDUM Ill" WITH BID PACKAGE IN ORD:tR 'OR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Palm Beach Marine Construction, NAME OF COMPANY Javier Quevedo, President PRlNT NAME OF IU!:PRESENTATJVE 12/8/09 DATE ADD-l - 235 - The City of Boynton Beach . Prt1~It'''''.lft 5.....i~~$ J rJ(I IS. 8f1yrtlfJlf Bftldlllflulewml 1'.0. JJwdJO lkJynlon lJeacA, jo"/nrid" 33425.0310 Td~()lIf: ($6J) 742.0JO FAX: (~61) 7#2-6.JI(, ACKNOWLEDGEMENT OF ADDENDUM # 2 "OCEANFRONT PARK REPLACEMENT OF BOARDWALK" BID# 002-2730-10/CJD R.ESPONDENT I\flTST SIGN, DA TE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM #2" W:rra BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Palm Beach Marine Construction, Inc. NAME OF COMPANY Javier Quevedo, President PRINT NAME OF RE PRESENT A'r1VE 12/8/09 DATE Javier Quevedo PRINT NAME THIS I'AGE TO BE SUBMTlTED ALONG WITH l'ROros"y, IN ORDER 3 FOR BID PACKAGE TO BE CONSIDERED COMI'LETE A~J) A.CCEPTABLE - 236 - The City of Boynton Beach . I"mn_,"~wi". ItJtI If. ".,.,. BNdr IIRIIMnI P. 0. "J'~ 1IlI)oI_Ibdt, FlDrldG JM2S~jJO T~: tul) 1n-6JltJ FAX: (S61) 14""J6 ACKNOWLEDGEMENT OF ADDENDUM # 3 "OCEANFRONT PARK REPLACEMENT OF BOARDWALK" BIOI 002-2130.] OICJD RESPONDENT MUST SIGN, DATE AND INCLUDE THIS .4ACKNOWLEDGEMENT OF ADDENDUM 12" WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPI' ABLE. Palm Beach Marine Construction, Inc. NAME OF COMPANY J~vier Quevedo, President PRINT NAME OF REPRESENTATIVE 12/8/09 DATE TIDB PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 2 FOR BID PACKAGE TO BE CONSml1:R1tD COMPLETE AND ACCEPTABLE - 237 - The City of Boynton Beach . "'-_s-t<<t 11M & .."._ ........""., ,.. 0. au'I' . Dt11"IM IJm8. 1ltMId. JJlnJJJ 1 D . u.aiMa (gl) 11UJJ' FAX: (Jfl) 7n.IJl. ACKNOWLEDGEMENT OF ADDENDUM.,. 4 "OCEANFRONT PARK REPLACEMENT OF BOARDWALK" BID# 002.2730.. 1 O/CJD RESPONDENT MUST SIGN. DATE AND INCLUDE THIS "ACKNOWLl!:DCEMENT OF ADDENDUM t#4P W1TR BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDEPED COMPLETE AND ACCEPTABLE. NAME OF COMPANY Palm Beach Marine Construction, Inc. Ccbrone Atkins, Vice President PRINT NAME OF REPRESENTA nvE 12/8/09 DATE Cebrone Atkins P1UNT NAME THIS 'AC!. TO BZ SUaMmm ALONG WITH PROPOSAL IN ORnER 4 FOR 81D PACKAGE'IO BE CONSIDERED COMI'UU ,\filO ACCEPTABLE - 238 - From:PAlM BEACH ~ARINE 561 1;;97 3238 12/08/2009 17:46 #261 P,0021003 M;V1SED ADDIIVDUM n sm PROPOSA.L The Bidder IIJft:I;I tc:J ~ alQJl ~t for tile: OCEANFltONT PARK REPLACEMENT OF BOARDWALk BIJ) fOO2.273Q-t OICJD Seape .... Work R.cm0Vll or platic deddua IIld rails. Rc:anovll of....8cIe Ib'UCIUrcI. Rcplac:emont wilh ipe wood and tile. RepllCement oCpqolu with JlIIde ails. Cover dect with shade sails. CQIIIlNr;l b..o I'Dr )l\Ib& IIrt picee. Rcmcm: one walkway. R.cmow exisdng IIndicapins in the upper paddna lot Install. Dew 11OdIcIp1n& per ~nc ptln IOd spoclficaliODl. Project will Tl8lJd. to be p1mcd IrQ Ihat the belch, ralrQDms. Q)IIl:CI;JlcJllIlRll mllif'esutrd offices are aeec.ible duritqJ cc:mstructiOIL GRAND TOTAL s ~2el! 262.00 One-Million Two-Hundred-EightY-One-ThOllsand Two-Hundred-siJ(tv~Two--DoII.. apd Z~~O 00(100-------"----------______________________________---~------~ (118000\ 'IlIrinaIln WOldt hu prcc:cdea,ce) 11118 PAGS TOn~ Jl'f0ADllR IIOR'ACICA.G& TO." c::oNSID~ COMPLIrn AlID ACCEI'TA8LI: B,.1 - 239 - BID PROPOSAL The Bidder agrees to accept as full payment for the: OCEANFRONT PARK REPLACEMENT OF BOARDWALK BID #002-2730-10lCJD Sc:ope or Work: Removal or plastic deckin,g and rails. Removal of shade structures. Replacement with ipe wood and tile. Replacement of pergolas with shade sails. Cover deck with shade sails. Conslruct base for public art piece. Remove onc walkway. Landscaping. Project will need to be phased so that the beach. restroom&, concession area and lifeguard offices are accessible during construction. GRAND TOTAL $ 1,281,262.00 One-Million Two-Hundred-Eiqhty-One-Thousand Two-Hundred-SixtY-Two---DolI~ and Zero OO/100~----------------------------------------------------Cen~ (amount written in words has pm:edence) THIS PAGE TO BE SUBMI1TJ:D IN ORDER FOR PACKAGE TO BE CONSmt:RED COMPLETE AND ACCl!:PTABLE SP.I - 240 - iUviHd ^<kkndum 92 Sid Propoal coadaued.... The undersigned bidder BIfOOII to commence wodc withln ten (10) ~a1endar days an... tho date or tbe "Nodec to Proceed" aod aba11 achieve Substantial Completion without irKCmlption within M!.oalcndlU' d.~ thereafter. ~ OrlgiDalllIId ~ (3) COp. C)rbid mbmittcd. ...3- Anached ia a computer 8CJlcrated horizontal bar ohart showine proposed sehedule of work.. x Schedule of Subcontractors submitted. -2L- Site 1nspcctloD Fonn subllliUed. ~ Evidmee ofpoucssion ofrcquired Iicenstl lind/or bu.inCA pcmrlt$ $ubmined. x Chcck-offList Subrnhled ...!-..- Shop drawinp submitted to Mmer LeU tor Shower Hardware The undersiped -bidder hereby represents IbBt he bu earefbl1y examined the drawings and Ibe Contnct inc1udq all Contract documcnu II1d will execute the Contncl and perfonn all its ilCms, COVenants and conditions. all in exacl complimcc: with the requir\'lmcoU of the specifications and drawinp. The bidder. by and throup lbe submission of his Bid. 81fOCS that he bu. examined. and that he shall be beld relponsible f'or havina ~fore examined himscJf u to the character of the mute. the locttion, surface and unclerpound obstructions. the nature of the ground water table, conditiolllll1ld aU (lIh., p1t~IClll obllrK.twiJtiQ& Qrtlle wort, In order that he may thereby provide for Ole satisfactory completi<m thereof, includiq the: removal, relocation or I'q)lKement of any Qbjecr. or obstructions which will be encountered in doina the proposed work. The bidder, by submission of this Bid ncknowicdgcs thatlhe bidderbu been advised that In the evenl bidder COntests the award of this project to another bidder, that the bidder damages. If any, are limited to a<:tual Bid prqJaration costs and blddl;ll" tKnby walvea any I;lhrim it may hav~ for other dam.... coming from the City'. failure to awardlhe project bidder. THIS ,AGE TO all: SUBMITDD I~ ORDDPOA PACKAGE TO Bit COMSIDEUD COMPLETJ: AND ACCEJ'TABl& BP.2 - 241 - Rvvitcd t'\dlLendllm 112 Bid Ptopota.I etltJlilllllld.... By Florida ConttaetoT'. Licente Number CGC 15163 6 6 Date 12/8/09 ne Construction, Inc. ration. Finn or Individual) Javier Quevedo Printed Nuno President Title (561) 588-7690 TelcphoM Number TBIS PAGe: 'to N 1\l8Mrr1'P IN ORDER I'OR PACKAGE TO BE CONSJDERIW COMPLETE A1lO AcaPTAJtLE gp-3 - 242 - BID BOND STATE OF FLORIDA ) COUN1Y OF PAL\1 BEACH KNOW AIL MEN BY THESE PRESENTS, thai PALM 3EACK MAR 1 NE CONSTRUCT I ON, I Nt. as Principal. and SLJRETEC I NSIiIRANCE tONPANY . as Surety, authorized to do business in the State of Florida are held and finnly bound unto the Owner, ("it)' ...r Roy"rn" RP:lr-h in the penal sum of FIVE PERCENT OF AMOUNT 810 Dollars ($ Sir. ) lawful money of the United StaleS, for the payment of which sum will and truly to be made, we bond ourselves., our heirs. execulOI'!;, administralOl'S, and succesSOnl, jointly and severally, finnly by these presents, TIlE CONDrrION OF THIS OBLiGATION IS ~ ... who""" the Prindpal h.. ae"l!:~cr ~ submitted the aCcompanying bid, dated e(;Tl;lSCR Z7 , 20~, for: OCEANFRONT PARK REPLACEMENT OF BOARDWALK NOW 'THEREFORE. A. If the principal shall nOI wilhdraw said Bid within ninety (90) days after date of opening of the same. and :;;hall within len (10) days after the prescribed fOMS are presented to him for signature, enter into a wrinen Contract with the Owner in accordance with.the Bid as accepted, and give bonds with goods and sufficient sun::ty or sureties. as may be required, for the faithful perfonnance and proper fulfillment of such Contract. then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. BIB. I - 243 - B. In the event of the withdrawal of said Bid witbilllhe period specified. or the failure to enter into such Contract and give such bonds within the: time specified, if the principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the Owner may procure the required work and supplies, if the latter amoWlt be in e;l;c;ess of the fonner then the above obligations shall be void and of no effect, alherwise to remain in full force and effect. C. This bond is given to comply with Section 25.5.05 Rodda Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. IN WITNESS WHEREOF, the above bQunded grt~ve executed this insrrument under their several seals. this'" ~TH day of ~...20 9 . being herero affixed and Ihese presents duly signed by Its undersigned representllive, plnuant to authority of is governing body. WITNESS: (If Sole Ownership or Partnenibip. two (2) Witnesses required). (If Corporation. Secretary only will attest and a.ffix seal). PRINCIPAL: PAlM BEACH MARINE C~NSTRUCTION, INC. Name of FII111 Officer (affi:ted seal) wed 0 {).~ (d61l- 1410 FORSYTHE RD. Business Address WEST PALM B~ACH, Fl 33405 City and State BIB.2 - 244 - SURETY: ~URETEC INSURANCe COMPANY Corpooue Su~ty WITNESS: AS P~R ATTACH~O POWER OF ATTORN~Y (affix seal) JA N ATTORNEY IN FACT 9737 GREAT HillS TRAil, 5TE. 320 Business Addn:ss AUSTIN, TX 78759 City Stale NIELSON, ROSENHAUS & ASSOCIATES Name of Local Insurance Agency BIB- 3 - 245 - I'OA II: 910004 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by Thrt;Je Pn:sel/ts, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized lIIld existing under the laws of the State of Texas, and ,having its principal office in Houston, Harris COUllty, Tel(as. dQes by these presents make, constitute and appoint BreIt Rosenhaus, Ja,on Katz its true and lawful Attorney-in-fact, with fllll power and authority hereby conferred in it> nmnc, place and stead. to exe~ute, acknowledge and deliver any and all bonds, recognizances. undertakings or other instrument~ 01' cOntfncts orsurcly~hip to include waivcl's to the conditions of contracts and consents of surely, providing the bond penalty does not exceed Three Million Dollars and nollOa ($3,000,000.00) and to bind the Company thereby as fully and to the sall;e extent as ifsuch bond Were Signed by the Presidell[, sealed with the cmporate ~Ml oflhe Company and duly attc~ted by its S~crdary, hereby mtilying and confirming. all thar the said Attomcy(s)-in.Fact may do in the ptemises. Said appointment shall conllnuc in force uP.til 9/30110 and is made under and by authority or the following resolutions of the Board of Direct aI's of the SureT€e Tnsurance Company: Be iJ Rl!Jotved, that me .President MY Yice,Fresidenl,. any ~isl<lnt Vir::t.1'tc::liden~ any Secretary o~ any AssiSlanI Set:.retary shall be :md is hereby ",c.tedwith .filll power and. authority to appoint My one or mOl'e suilable pe~on. 'as Attomey(s)-in-Fact to represent ~nd act for and on behalf ortlla Comp/lIIY SIl1lj1:ct to thero llowlngprovision.: AIJ07llIJ)'-in-FacJ may be given full power and authority for an(! in the OOlne of and ofbehal f of tho;: Company, 10 execute, acknowledge and deliver. lUIy and all bonds. recognizances. eOnlmcts, 'l~nlS or Illdemnityand, other cOllditionnl 0'1' ol>ll8'\lQry IUldemldngs aod any and all notices and dOCUmenl$ ~oeling Dr terminating the Comp(l,{ly's liability lhereundo;:r, and any such inslrumetUs so eXl:CUted by allY such Attomry-tn-fa...i slulU be bindin,g upon. the Company lIS if sign<:u by Ibe Presidem aru:I ~ealed md eITMed by the Corporate Secretary, 8e if Resolved, lhal the signature of any ftuthoriuQ officet and seal of th~ Company heretofore or hereaftcraffixed m any power or at\l:lmey or a'r.y etrtificaJ." ....1.llllg lhen;to hy faesimile, and any POWcl:r of "'!tOmey or eeJtifical:e be...-ing li<<:simile sigDlltl.lre orfacsimiIe o;eal SMI! be valid and binding upon [~e Cornpa[lY with respc<:tlo any bond or undertaking to which it is a=hed. (AdQPled qr r1/11ccting held on 2(1' of April. 1999.) State 0f1=. County ofH.ni, In MtlleSJJ Whereof, SURETEC INSl:'RANCE COMPANY has caused these pmentB to be signed by its President, and hSCOrpOfatc (leal to be l1eretoafflXed this 281h day of October, A.D. 2008. Ifj--..,,., ",. <;\!Ri'.,N.:c~, .:f:.....--.. :',.,';.{;\ ), /,-!:( ~"' \8~..\ .~.~,.,. '-," ",'W }' <; t"~ \, ra .i:j ~\"'J. .--"',/'~J '-;:~,,'J/ I>$~ On tbis 28h day of October. 2008 bor.;tre me personally r:ame B.J, King. l:Q me known, who, being by me duly Sworn, did depose and say, that he resides in Houston, Texa~, that he is Presidalt ofSURETEC fNSU'RANCBCOMPAi'lY. the CQmpany d<:1;ctibcd in and which execuletllhe aoo.,. ill-$tromem; th(rt he knows the seal of .aid Company.. lbat the seal affix~ to S<lid inStrurm:m iE such oorpor~ ~I; that it was so affixed by ordo:r of the Board of Directors of~id Company; aud thathe sign...>d hi. llllrn(: Iher<:\o by iikc order. -~~~~,~~~ My commission cxpi:res August 27.20!2 I, M. Brerlt Beaty. Assisrant Secretary of SURETEC INSURANCE COMPANY. do hereby cenify that the abo\'e and foregoing j,; a li'Ue Imd comcl copy ora Powcrof Attomey, .~ceutcd by ~ajd Company, wbieh is stil1 ill 11111 force and effccl; ."d rm'lhor.71o... the resQlutions uflhe Board ofD!r<:<:ron;, set out in (he I'(>wcr of Attorney an:: jn full torce and <,fteeL Given under my hand and the Seal of said Company at HoustoIl, Tc:\a. this 2i:tn.day of October- ,20 ag. A,D. e, MIch, en. Denny . .' ~1'Ia.1G State OfTexal __AuQuIlI7.1ltl.I Any Insll'Umillnlls8Uad jp ~)(tIl811 or the polnalty ~!lll.d above Is totally vold end wftlloul any I'slll:llty. !'Qr verlflcsllon or the eutl1llrlty Qf this power you may call (113) a12..usoo any !lulIll1as. day blllwMn e:M ~ Md ~;oo ~m CST. - 246 - CERTIFICATE AS TO CORPORATE PRINCIPAL I, Jesl!"s Quevedo , certify that I am the Secretary of the Corporation named as Principal in the within bond; !hat Javier Quevedo STA'IE OF FLORIDA who signed !he said Bid Bond on behalf of the Principlll. was then signature. and his signature hereto is attested for and in behalf of said C Quevedo COUNTY OF PAlM BEACH ) Before me. a NotaIy Public duly commissioned. qualified ruld acting, personally appe.Rd Javier Quevedo to me well known. who being by me fust duly sworn upon oath, says that he is the Attorney-in-Fact, for the palm Beach Mar ine Cons t., InC "and that he has been authorized by Jesus Quevedo 10 execule the foregoing bond on behal f of !he Contractor named therein in favor for the Owner, the City of Boynton Beach. NOTARY PUBUC-ST!l1'E OF FI,01UDI\. ...'...... Julie Jackson {W\eomm;..slo!l #DP823819 <~'!Jfl.i Exp!res: OCT. 14, 2012 "-."". lllU .'" . tl'rlC llmlj)n;~ co.,1NC. llONDl:OTI .,,~w cid~ 81B.4 - 247 - STATEMENT OF BIDDER'S QlIALmCA nONS Each Contnlctor bidding on work included. in these General DocumenlS shall prepare and submit the data requesled in !he following schedule of infonnution. This data must ~ included In and made part of ellCh bid document. Failure to comply wilh !his Instruction may be regarded 8$ justification for Rljecling !he Conb'8Ctor's proposal. * a!tach additional sheets Jiving Ibc information 1. Name of Bidder: Palm Beach Marine Construction, Inc. 2. Business. Addnlss: 1410 Forsythe Road West palm Beach, FL 33405 3. When Organized: February 6, 2002 4. Where Incorporated: Florida S. How many years have you been engaged in !he contracting business under !he present finn name? 7 years 6. General chancter of work perfonncd by your c::ompany. Marine Construction 7. Enclose evidence of possession of required licenses and/or business pennitll. (See At t ac hed) 8. Number of employees. 15 9. 10. Background and experience of principal members of your personnel, including (lfficers. * h d) (See Attac e Bonding capacity. $3,000,000.00 aggregate 11. Have you ever defaulted on a C::Ofttl'llCt? If so. where and why? NO mJ5 PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ-I - 248 - STATEMENT or BIDDER;S QUALmCATlONS l:OOtfAucd...... 12. Experience in perfonnance. Project S Value Contact Name Phone # (See attached "Projects Experience List") 13. ContraclSonhand.* (See attached "Current Projects List") 14. Largest completed projectS (include final cost). Jupiter pointe Marina - $1,500,000.00 I) FPL - Port Everglades - $ 1,100,000.00 2) 3) T05cana Condominiums - $925,000.00 IS. Ust all lawsuits (design and/or construction related) or arbitrations to which you have been a part)' and which: * None 1) arose from construction projccts: · 2) occurred within the last 4 years: * 3) provide case number and style: * Dated at; 20~ N Javier Quevedo (printed Of typed) Title: president K"", o:lJ](W] TIllS PAGE MUST BE SUBMlTI'ED ALONG Wn1lI'ROPOSAL S8Q-Z - 249 - Z (I) o w i= 0 o Z ::J W 0:: 0:: t; ~ z W o 0:: o u.I u.I U Z 3: ~ W .0( ii: ::Ew ::co.. 0)( ~~ mtrl ~6 .0( 0:: a. a. J .: o j 0- e o U ~ ti _1:l! ,~ D.j g ~ 01 ,,'C 8 ~CL 8~ ~ '0 0( ~ ,. o Z i .. & .. " .... 'I: o 0- o ,;. ~ 88 gg Oil) 006 '" '" ...... u ... .-= a: .c " u ,- ~ 8' ~IU 01" .- 01 fil _0 (l ... ..,~ E C ~ .. --''I: ,.lL. ~ .. . 8 ll: ii " ~ .. .. ~~;!~ g:.;,g-:; ~5&:-S"'~ ~ -1;; ~:2 :ll'''~ :n,l~G~ of ~ 't ! ~ " o n " <>> ~ ,,1;; "i:; ~ '" 0 21.1 '0 8 '! ~ o';j ~... .: e .Q D. ~ o ..J t ~ .,. 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'lii '" '1;1 ;I: lil .c - .'2i<i~~ GI!i tf) m:;lr.Q -=>v;U<Q ~:i~i~ ~"'Z'.D~ 8:::'1-&:8 " o E " '" - c1ii .'" .:: '" a ::!u -'C LL:;; ~i 1l~ 'g'O '"LL --'--, its iD~ ,,- "'- ~~~ ~ ~ lj W=<l> ~:m~ a. .E :5 ;E 3'~ <ll1ll..J ... u.. ~ ~ " ~.~ ~ '"<=w ~:Jo .283 ........... - 251 - PALM BEACH MARINE CONSTRUCTION, INC. CONTRACTS ON HAND John U. Lloyd Beach St<Jte P<Jrk 6503 N. Ocean Drive Hollywood, FL 33022 Mitch Fenton, Project Manager Fl DEP, Div. of Recreation & Parks Bureau of Design & Construction 3540 Thomasvill@ Road Tallahassee, FL 32309 850-488-5372/850-488-3537 mitchell. Fenton (l'i)deo.state. fl.us FPL Port Evergl<Jdes Plant Units 1 & 2 Dredging PrOject 8100 Eisenhower Blvd. Fort lauderdale, FL 33316 O<Jve Aromiskis, Project Manag@r Florida Power & Light 8100 Els@nhower Blvd, Fort Lauderdale, f:L 33316 954-527-3501 O<Jve.Aro m iskis@fl o. com Naples Marco Pass Dredging Project Naples, Florida Jesse Crawford-Mancini US Army Corps of Engineers Tampa Resident Offic@ 6320 S. Dale Mabry Highway T<Jmpa, FL 33611 813-831-4894/813-831-4897 lesse.crawfordmandnl@usace.armv.mil - 252 - ~~-- l r-l o f") N o ~ o r-l .... II) c ..:J a w ztn o i ~~ tQ ~, . ~~ 00- ""00 ~ ' ~!2: 0 P: ".rd w:r:q <0. . ~~ ~',~ O~ R- ,0:: '~: ' . , ~ ~.: L ,'_ 0" ,p:.>t ..' '" i .~\. '-i"" '. ' ',' : P: ."., ~ .. ~ -:?~J;.:", 1 . ~'''SE''! . \.""., ;::1 'l'I"lI:L~,:.,,,:, " LL; .:, tI:r., .: ,,-5. ,'.' ,1.1R:~'..;1o .., t~, .. .... , '" >,-.. 01.. ',. <, "~:;"''''_I'',I.' .' , .. , "c~h~~~~,. ~ ?x \~~ ~~ ~ .re.~f1:lj~Jl ~:, .:'. s',: ""'!fr~:~mf:l-' .. :~.. ~!~. :J' .! .~Jl ~~ '~',: . ,trt{V ':;', ':r':'~'" ".':-"""i-.."1~1",,, if" ,: ,- ,!<(,i,:> Z':!,iJ ":. ,)'';:. I I ''': "M'Q::'JZ':::''': . L.:.;';-':', ' 0",.: ' P:; '-, " ~'-' , :11, ,,:~...o ,.:l'tl ' r.- '. ;.0'''1-::1' III, ~>1 j I'~~ >'-' L...I<"'o ,,(~h.~SEi:t;~;.i;2:< . '~f: ,..:;<s '~''';-f ~.rr~;'~"<4I' :"""~ .....,....:;1.. ....0:. '''''''''''' ~m'l>:;~''':' ~"M' , . '...-t~, " .J.'.... ...~ L"'~l. ........ ~.,. :, "':'-,':', l::i ~:. f:iI :;-\il',' " ',..ll 'Q1 ',H' b . M . :, ~fiiP::", tI); IU} ~ i. ,.PtoliJ.~:~t " . ",.}?-tt..,:, ~ ''-~ :..:'.....~l~~.~':t;.,\it1 : . : .., ::;>i"Zo: \: ~:L '.(~ ~Z~ffl: .0: ;"2',oZ"~o'" , . . -" ~,;L-':' - .~,I.\. 17"1'.. if...... T/S,.' '.' ~~',"', ,"'~.', '.:' _.',':' ..' .. ,~~ R';"" ~~., ,/" }t4!. .:~~p;j :~:..,.9,":. . '. ,::;'-.';~ , }I:"'~~ \'!2' f~:l!B<():;M:r-151)~,.,:: ' . '.:,,,,, .. "'. '~,;< '~l"",i ..;,. ,tllb)'f21' . ,:O:'~":' : .. ;:i;~ ~;~:,:~,'g;iJ~:Hfi!~ ,:' ,:: 'el;; ': ': ,~':~ i:Zi,:';(::oi< :tJ:~:"~:,:;, u : . "~'I"'<l" ';'r:; 'icC'P~ . Htf.nCCra1,i:C' ." .: " ,:~T e~~:;.t3 ~,~~ ~&!~g:~.:,~ :~~tg~~ ~m ':.,;"',;'\1\',,';"'''' ,~'O ;'CZl"tQ'''>'.aJrc:C'''':':X:~'' . .', ,,:::~,;,";:':,l " .';.~ :,'''''H:O',ct1;~i.'.O::(jti3~ .CX?,;'':::~X:I::::''.~: ;~:~; ;~~'~:I~'P:~:~:~~'~ f-I ...;..' ~...m :ISl'::O;"S::,~:0..tQ'IktPc C\J .. , . '." ','1::)' ;ZMGl, OE"'''' ..:. , '.:cj, ::A eo.t:.,.f 00, "~' o~ 0, "~;I:I1'A:~+' ,H ~.. " " ,~, ,I;/) (Y') . '-b .'...' , nl'" .' .io:tIl!il ,";, ;,": _' :~':IIl..~J;iI,4:[I}:;:p..'H~ .-::"'.1., '.. ~:9 ;''-,~l1lfl,l.'....,tl.'~.. . or::r:,';':,::;"... ';~ \~im'~:~fr,O:;<" 'b,' ~,A 'J!t~t:S;M -u' , C'..:I . , <I: ',' .. :~-, - - 253 - o Cl ~. Q~ ',0:( ~~ ~B ~rn ,~ :5 ;;.,~ >: 'fa 0:: ":.:5' ,"W ::'0:: "::':'~ :,},';;':':~';:,i,(~ '>;,,'<:;;::W:;~ . .~ ':0 1",1:. ' ',.'. ;:;!(",:i,X~':',' II ~ . .. .. ")~k';' ".8::.;> , ," ffi'..... --. . ~ ~ ~~.\ , '., '..... ,0, ".:;2; . ..........~- . "::'~'!~f ,~o. . """0,P': - 254 - State of Florida Department of State I certifY from the records of this office that PALM BEACH MARINE CONSTRUCTION, INC. is a corporation organized under the laws of the State of Florida, filed on February 6, 2002. The document number of this corporation is P02000015305. I further certify that said corporation has paid all fees due this office through December 31, 2009, that its most recent annual report was filed on March 18, 2009, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Eighl~ ' · '.' ' .,., c: .' '., Suretaryof State Authentication ID: 400157423604-061809-P02000015305 To authenticate lIlis oertifioate,visit Ihe following site, enter Ihis !D, lIIId then follow the inslruclions dlsplllyed. h UpS :flefile.su n biz.org/certa uthver .htm I - 255 - ~r... ~~ ,~, ~i;D~,'_~,' ~lt~,..., ~~m,~1mI,~r;~~,~'~itt,",~; . ,.~..,..,. ~,~ '. e~~~ . . S ~r<" "~' . .'.. . ., c;.. . .~i;':,~~ 1..1 . '. .. .' . ..' 10 . ~,"'f;"/1 f.: '. 1,Y'>~ ~ ~ ~:;';~. ~-.$ ',9,f .,..~ . ... 0 . 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U. : E .. .!;.oj l:! .....~ - 256 - ~ ~t . ~~ .Ji .~J1 t41~ ,~ ~t,(L BIDDER'S SITE INSPECTION CONFIRMATION Check One: E9 NON-MANDATORY o MANDATORY BID TfI1..E; Oceanfront Park Replacement of Boardwalk Bll)~ER: 002-2730-l0/CJD DATE: 12/8/09 Cebrone Atkins IL'j an authorized reprcsenUltlvc of. cPrint Name and Title of Rcprescntative) Palm Beach Marine Construction, rne. (hereinafter called the bidder) located at (Print Name of Company) 1410 Forsythe Road, west palm Beach, FL 33405 Company Address ork and has carefully examined the plans and speciflCfttlons for in detail bef~ submitting hi!! bid or proposal. and that said 12/2/09 DATE OF INSPEcrJON OWNER'S REPRESENTATIVE SIGNATURE FOR MANDATORY ONLY Rev. 1V3003 85M - 257 - NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of Florida County of Palm Beach Javier Quevedo . being first duly swom, deposes and says that: I) He is President of Palm Beach Marine Const., Inc.. (TIlle) (Name of Corporation or Finn) the bidder that has submitted the attacned bid: 2) He is fully informed respecting the preparation and contelllS of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partneI'!l, owners. agents. represemativcs. employees or panics in inteItSt. including: this affiMl, has in any way colluded. conspired. connived or agr=d. directly or indirectly with MY other bidder, rmn or person to submit a collusive or sham bid in connection with the Conlnct for which the anaclled bid hu been submitted or 10 refrain from bidding in t(lnnection with such Con1rDct, or has in any manner, deetly or indirectly. sought by agreement II collusion or communications or conference with any other bidder. linn or person to fIX the price or prices in the attached bid or of any other bidder, or to fix any overhead. profit or COSt element of the bid price or the bid price or any other bidder. or to SCClll'e through any collusion, conspiracy. connivance or unlawful agreement any advantage against the City ot Boynton Beach (local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and ~ collusion, conspiracy, connivance or unlawful agreement on the of b' or any or its ageQ~, rc:prc:sentatives. owners, employees, or parties in i Iud" s affiant. Subscribed and sworn to before me This ~ dayof Deceml:ler . 2O...Q2.... My commission ex ires 10-14-12 I NoW-r'1 A.J;h'c... Quevedo, President (Title) J :\Q'I'AR'l PUBliC-STATE or- fL01UDA .......,... J\llie J;wkson {w ~Commi:l~iou #])])823819 "'~.1 txpim: ocr. 14, 2012 ll(lNJ;l1lD TlIRU ATLA.'mC DONDmC co" INc' THIS .A.GIt'l'O BE SUBMrt'l'IW A.LONG WITH BID IN ORDEIl FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE NCA.I - 258 - ANTI.KICKBACK AFFIDAVIT STATE OF FLORIDA ) : 55 ) COUNTY OF PAlM BEACH I. the undersigned hereby duly sworn, depose and say !hat no portion of the s paid to any employees of the City of Boynton Beach lIS a commi ion, kick directly or indil'Cl:tly by me or any member of my ftrnl or by in 0 of the By: In bid will be . reward of gift. on. Sworn and subscribed bef(R me this 8 t:h day of December 20~ Printed Infonnalion; Javier Quevedo NAME cly~ at Large President TITI..E Palm Beach Marine Const., Inc. COMPANY NOTARY Ptlm,lC.~TA'l'E OF FLORIDA ,.,......,.~ Jt\lle Jackson {_ i COI1JIl1;:;"i:lll Ii ])1)823819 \"......'1 Expire,!: OC"I'. t 4, 2012 nOND1Jl mu ATt.\NI'IC n~~":lING cO"me. "OFFlClAL NOTARY SEAL" STAMP nns PAGE TO BE SUBMlTJ'ED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDEUD COMPLEtt ANn ACCI!;I"fAIILR AKA-I - 259 - CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please till out and indicate in the appropriate spaces provided which CllteJ01')' best describes your company. Return this form with your bid proposal sheet making it an official part of your bid n:sponse. Is your company a Minority Owned Business ? X Yes No IfYcs. please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BlACK (~ mSPANlC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPUCABLE Do you possess a Certification qualifying your bUlliness as Il Minority Owned Business? YES x NO (See attached) If YES. Name the Organization from which this certification was obtained and date: State of Florida Issuing Organiulion for Certification February 27, 2009 Date of Certification THIS PAGIt TO 8E SUBMITTED ALONG wmr PROPOSAL MOB. I - 260 - - 261 - CONFIRMATION OF DRUG-FREE WORKPLACE mENTICAI TrnHm~ Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids whic:h are equal with respect to price, quality, and service are received by the City of BoynlOn Beach or by any political subdivision for the proc~ment of commodities or contractual services, a bid received from a business that cenifies thal it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed If none of the tied vendors have a drug-he wortplacc program. In order to have a drug-free workplace program. a business shall: I) Publish a statement notifying employees that the unlawful manufactu~ distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) (nfonn employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace. any available drug counseling. rehabilitation, and employee assistance prognmlS, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee Cllgaged in providing the commodities or contrlc:tual services that are under bid a copy of the statement specified in subsection (I ). 4) In rite stalement specified in subsection (I), notify the employee that, as a condition of wOt'king on the commodities or contractual services that are under bid, the employee will abide by the tenus of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occuning in the workplace no later than 5 days after such c:onvlclion. S) Impose a sanc:tion on. or requiIe the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain 8 dmg-free workplace through implementation of this section. As the person authorized to sign tbe statement, I certify the above requirelllents. ftnn compUes I'olly with Vendor's Signature vier Quevedo, President alm Beach Marine construction, Inc. THIS PAGE TO BE SUBMInIID ALONG WITH PROPOSAL IN OJIDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCIPT ABLE DFW-! - 262 - SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of bll5iness in the City of Boynton Beach. Pref'enlnec shall be given to contractors with an established safety prognm following a.S.H.A. guidelines. and documented rc5ults establishing a safe working environment. I. Bidder shall provide a copy of the Safety Program(s) to be in effect for the dW'8tion of the Contract (attach to the back of this form). (See attached Safety Manual) 2. The City reserves the right to conduct periodic safety inspections of the contractor. subcontractor. employees. agenu. etc. througJtoutthe duration of the Contraet. 3. The City reserves the right to tenninate the Contract where it is detennined that the contractor (X" subcontractor is in non-compliance of the ufdy tenus. regulations or requirements established by a.S.H.A. or the Slate. As the person authorized to slID the statement, I certify that ibis firm complies faUy withsthe above requlremcnts. 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The actual Uti price may b.low8r th.n the price shaM!. 02009 Deltt FIlICIt Company. http://www.deltafaucet.comIrepairparts/detailslRP42S78.html 12/0312009 - 268 - T &5 Brass and Bronze Works, Inc. Page 1 of2 U.,ln tOl Rell Nel I E.Store I TII.S Unl~ef,ity ~ F'l'OOud$ I Pails & Specs I l*lrbutlon Partners I Ne.. I U",alUre CONe~... -D ft'RAIGIIT VALv! Moael: I:lRari " Str'lllOlIt ~alYe . 1/2" IPS 'em. IlIlet end outlet . four ann hIInalf: - OCOI~" . Ad1u"~b1. waP nanoe lfGI Model! II::1W ~ .-lD2'-o1 SI!TIlI al 8-ICl25 e.cepl with OHOI" IIa.w:Ile a-1D21 IIIma ... 8-1025 except ..-n deBr IIlpIne handle (OOlt....-4!'ill';old ..1021-01 Qme a~ ""1l25 exccpl with C1e.!1r Alpine handle (001144-'*511101 Note: __,lIamll ~ 10 ....11Io -..... _, C>>:i'". _.......11I*-'0<<1_: ~~. ............ I:DNC:aauo 1IY-..aM MlXtNC VALVE II" (20:mml CMlU,~ . 1'2" IPS 'emM union Inl'l$ . 1(2" IPS remllle lap o~tlH . four ~ hend'e. 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Product Ilet~e Ubrory . f'liuMIftt..".I.....n..IIMGut.dtt.. t:oItal6f\. ww11N1H...,...t 110.... > t<Jr\tr;J~1<ln Il (ng~ . J.lftoNr\ts _ Syot..... \I")...,., BII RO<o", II......" Illo' 'fyp~ Ate_@< 1Io,lloundry F.II<et. H.nd S/l~ KtlCMt> I'MIUII Looo'OIoty F....._ Molerinl F_et. MIII~ Slt_ S~I"'" Romon Tub I'~CetS ~"'r F.uceu ~ Th_IcV.I_ Tub/Showc< SY'I~ W.."'... Moch~ V.I_ wa~ ElfI.....1 1Irow1~ By Fillm~ly Wldo:t< ~t ,,"",lids .~~.....,.~~...W'I'b'IItI" Metering Shower Systems Syn'U'IIOm mell!l'ln1 shower valves and systems pI'OIIIlle a positive solution 10 the lu~ I)f water w~le olInd hol water enll'llY .lvIns', ~ 1 ~ ~ @,t" " ',",' ~ ~ r; ~ Fife lL3 IlS\tpI~. ','Do' 'Z -1!!2l..: SymmDn. 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I llt._ ~toDt""""_I1n.IPo:."'lIt1tthU_. http://www.symmons.comlContraetors.and.EngineefSlProduct.CategoriesIMeterlng-Shower-Syst... 12/0312009 - 272 - (Does Not Apply) TRENCH SAFETY ACT AFFIDAVIT On October I, 1990, House Bill 3183. known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavatiOI1 safety standards. citation 29 CfR.s.I926.650. as Florida's own standards. The Proposer. by vinue of his signature beJow, affinns chat he is aware of this Act. and will comply with all applicable trench safety sWtdards. Such BSsurance shall be legally binding on all persons employed by the Contractor and his subcontractors. The proposer is also obligated to identify his anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDOES THAT INCLUDED D'.: THE VARIOUS ITEMS OF 11IE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH TIlE R..ORlDA TRENCH SAFETY ACf (90-96 LAWS OF FlDRlDA). 1HESE ITEMS ARE A BREAKOur OF 1HE RESPECIlVE ITEMS INVOLVING TRENCHING AND wnL NOT BE PAm SEPARATELY, THEY ARE NOT TO BE CONRTSED WfIH BID ITEMS IN 1HE SCHEDULE OF PRICES. NOR BE CONSIDERED ADDmoNAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE, 1HE PROPOSERS MUST COMPL..ETE* THIS FORM. I.E, IDENTIFY THE COSTS AND ME'IlIODS SUMMARIZED BElOW, SIGN AND SUBMIT IT WITH TIlEIR BID DOCUMENTS. Name of Proposer AUChorized Signatu[!l of Proposer "'COMPLETlON REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAfi.S UNDER THE FOLLOWING HEADINGS: DescriDtlon Unit Quantity Unit Price Extended Price Method THIS PAGE TO BE SUBMrrrED ALONG WI'I1I PROPOSAL IN ORDER POll BID PACKAGE TO BE CONSIDERED COMPLETE AND A.CCEPT ABLE TSA -1 - 273 - BiD TiTLE: OCEANFRONT PARK REPLACEMENT OF BOARDWALK BID ~urvrBER:002-273()"10/CJD PROJECT NUMBER: CP0429 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into tillS day of ,20_, by and between the CiTY OF BOYNTON BEACH, a mw:ricipal corporation ofFlorida, hereinafter called the "CITY" or "OWNER" and Palm Beach Marine Construction, Inc. a Florida Corporation ~ a Florida General Partl'ership ~ a Florida Limited Pattnership ~ a Sole Proprietor "-) Check One hereinafter called "CONTRACTOR", WITNESSETH WHEREAS, The City has heretofore invited bids for a City construction project ("Project") identified by tile bid title, bid number and project lllunber listed above atld commonly referred to as: OCEANFRONT PARK BOARDWALK REPLACEMENT NAME OF BID WHEREAS, Contractor, in compliance with thc bidding requirements announced by the City, submitted a bid on the 8th da,"' of December, 2009, for the total bid amount of $1,281,262.00. WHEREAS, On the 5th day of January, 2009, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement; and, WHEREAS, the Parties agree that the Project is scheduled to achieve Suhstantial Completion without interruption within 336 calendar days as specified in the Notice to Proceed, subject to CITY approved time extensions. KOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: C -1 - 274 - 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR does accept this Contract and docs agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by perfom1ing all the work as set forth in the this Contract and the Contract Documents for the price and amounts sct forth in Contractor's bid. 1.1.4. Contractor is an independent contractor as that term is set forth in the General Conditions for Constmction GC-2, INDEPENDENT CONTRACTOR. 1.1.5. Unless otherwise provided, all time frames referenced 111 all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set fonh in the Contract Documents. 2.2. The "Contract Documents" arc the compilation of the following individual documents: 2.2.1. Advertisement for Bids 2.2.2. Instructions for Bidders 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2.5. General Conditions for Construction (GC) - all references to "GC" shall be to section numbers 2.2.6, Construction Contract 2.2.7, Certificate ofInsurance 2.2.8. Public Construction Bond 2.2.9. Technical Specifications 2.2.10. Contract Drawings and Plans 2.2.11. Addenda 2.2.12. Written directives or interpretations 2.2.13. Manufacturers warranties C-2 - 275 - 3. OBUGA nONS OF CONTRACTOR 3.1. Contractor shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract and all of the materials furnished shall bc in strict confonnity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. CONTRACTOR shall furnish cach subcontractor or material supplier with a copy of his Public Constmction Bond within five (5) days or subcontractors' work or material supplying and shall maintain records to establish that notice. A copy of said notice shall be provided to the City's Project Manager at time oFissuance. 3,1.5, Guarantee all work and materials for a period of one (1) year, as set forth in the General Conditions for Constmction GC-24, WARRANTY. Warranty period shall commence with date of final acceptance as set Forth in the Technical Specifications for Construction 01700, EXECUTION REQUIREMENTS. Comply with the provisions of Section 255.05, Florida Statutes, if applicahle. 3.1. 7. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. 3.1.8. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. C -3 - 276 - 3.1.9. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3,1,10, Obtain wriUen approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. 3,1.11, Perform such other tasks as set forth in the Contract Documents. 3.1.12. Shall provide all required bonds, insurance certificates and any other required security for performance of thc Project within ten (10) of the Award of the Project. 3.2. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occuruug from any cause resulting from their acts or omissions, or the acts or omissions of their subcontractors or suppliers. 4. CITY'S OBUGA TIONS 4.1. City shall provide a written Notice to Proceed at the time of the scheduled Pre~ConstruClion Meeting. 4,2. Makc timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, provide a written final acceptancc and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to COmlTIenCe work under this contract within (10) calendar days of the Commencement Date speci fied in the written "Notice to Proceed," and to achievc Substantial Completion without interruption within 336 calendar days thereafter. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extf;:Jlsion or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of achieving certification of Substantial Completion, C -4 - 277 - 5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR'S bid proposal, and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a reasonable lime, object to as incompetent or as unfit. 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR further agrees to pay $3,500.00 per day as liquidated damages, for failure to begin within ten (10) days of CITY'S issuance of the "Notice to Proceed" or failure to achieve Substantial Completion within 336 calendar days from the Commencement Date as indicated in the written "Notice to Proceed". The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 6.2. Punch list itcms recorded as a result of inspections for Substantial Completion are to be corrected by the CONTRACTOR within thirty (30) calendar days and prior to any request for Finallnspcction, Testing and Acceptance as statcdin the General Conditions for Construction (GC-50). If the Substantial Completion punch list items have not been corrected by the CONTRACTOR within the thirty (30) calendar day period, at the discretion of the Project Manager, Liquidated Damages may be applied as described in Section 6 above. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the Technical Specifications for Construction, 01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT PROJECTS. 8. INDEMNIFICATION 8.1. The CONTRACTOR shall indemnify and save hannless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 8.2. CONTRACTOR shall indemnify and Save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, C -5 - 278 - damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this cOntract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemni I1cation required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. 8.3. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the General Conditions for Construction. However, the indemnification provision, and Lhl: inwranee provision contained ill the General Conditions for Constmctlon arc not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in current funds for the perfomlance of the contract, subject to additions and deductions as provided in the Contract Documents. 10. CHANGES IN THE WORK 10, I. The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding LO or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as seL forth in the General Conditions for Construction GC-46, FIELD CHANGE DIRECTIVES/CHANGE ORDERS. No Field Change Directive or Change Order shall be authorized by the Project Manager if the Contractor has added language to the Field Change Directive or Change Order or to C -6 - 279 - any cover letter, e-mail, facsimile or other written document which accompanies the Field Change Directive or Change Order in which the contractor attempts to reserve any future right or claim arising out of the work which is the subject of the Field Change Directive or Change Order. 10.2, All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall he submitted for the current contract payment for the month in which the work was done, No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ENGINEER 11.1. The Project Engineer ("Engineer") is Miller Leee. 11.2. The Project Engineer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its perfonnance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 11.4. In the event of a dispute, the role of the Proj ect Engineer is to make recommendations to the Project Manager who shall make the final decision, 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction GC-27, INSURANCE. 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. C -7 - 280 - 13 .2. In the event 0 r a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction (GC-17, CONTRACT INTERPRETATION. In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document 14. TIME OF ESSENCE 14.1 . Inasmuch as the provisions of the Contract Documents relating to the times of perfonnance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such timc limits are of the essence of the Contract. 15. REMEDY FOR DELAY 15.1. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, thc sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR m ASSOCiATION WITH ANY DELAY TN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LfMITATTON ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION, CONTRACTOR hereby acknowledges that hI) has (I)ad and understands the above provision. INITIALS 15.3. Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. J 5.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction GC-23, EXTENSION OF TTME/NO DAMAGES FOR DELAY. 15.5. for the purpose of this section, the phrase "the CITY, its agents and C -8 - 281 - employees" .shall include but shall not be limited to the Project Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth In the General Conditions for Construction GC-18, DISPUTES. 16,2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. IN WITNESS WHEREOF~ the CITY has caused these presents to be signed by its City Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed in the presence of: CITY OF BOYNTON BEACH, FLORIDA City Manager Attest: Approved as to Form: City Clerk City Attorney Signed, sealed and witnessed in the presence of: PALM BEACH MAlUN~ CONSTRUCTION, INC. President or Vice President Attest as to CONTRACTOR State of Florida ) ) sis; COLmty of Palm Beach ) C -9 - 282 - On this _ day of authorized to administer oaths, known to be the persons , 20_, personally appeared before me, duly described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. Notary Public My Commission Expires: C -10 - 283 - 9. B CITY MANAGER'S REPORT January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 D ANNOUNCEM ENTS/PRESENT A TIONS ~ CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: Accept the City of Boynton Beach FY2008/2009 Annual Grants Report. EXPLANATION OF REQUEST: The mission of the Grants Team is to enhance the achievement of the City's overall goals by providing research, planning, support, feedback and other assistance to its departments in the development of alternative funding sources for citywide projects. The Grants Coordinator prepares an Annual Grants Report each year, which summarizes the City's previous year's grant activity. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Grants Team provides grant development support services to City departments through the identification and monitoring of federal, state, regional, and local grant opportunities. Team members and department staff seek funding for priorities identified during the budget process. Team members and staff specifically focus on meeting department goals, supporting the Capital Improvement Program (CIP) and responding to citywide emergency needs. The Annual Report serves to document citywide efforts and identify focus areas for the next fiscal year. In FY 2008/2009, departments submitted 19 applications for grant funding, totaling $10,735,173; of the 19 applications: .:. 9 ($6,066,042) have been awarded funding with contracts executed o COPS Hiring Recovery Program application partially funded .:. 10 ($2,964,323) are pending award notification An application is not required to receive the formula-based entitlement funding through the - 284 - Florida State Housing Initiatives Partnership (SHIP) Program. Instead, our City must provide a Local Housing Assistance Plan and Ordinance in support of the local housing assistance program. This is required every three years, with regular monitoring reports. The City received $525,681 for FY2008/09 with an expenditure date through FY2010/2011. Due to the length of time it takes for review and approval at the state and federal level, some grants that were awarded, were submitted during the last fiscal year and some that are pending, will probably not be awarded until next fiscal year. However, it is important to note that the ratio of awarded applications remains above 85%, a reflection of well-trained staff effectively using available resources. In addition to applying for grants, staff actively manages multiple grant funded projects. This includes reporting to the funder, preparing for the audit and managing project or program issues. During this fiscal year, 22 federal, state and local grants, totaling $2,836,500 were closed out as projects were completed. Management and compliance requirements can take a significant amount of time and resources. Staff is to be commended for their efforts. The following report is attached for FY 2008/2009: · Annual FY09 Narrative Grants Report · Application Activity Report (19 Applications Totaling $10,735,173) · Grants Awarded Report (18 Grants Awarded Totaling $7,901,067) · Funding Source Report (Federal, State, Local & Foundations) FISCAL IMPACT: None. ALTERNATIVES: Not accept the report. - 285 - City of Boynton Beach FY2008-2009 Annual Grants Report Boynton Beach Grants Team December 21, 2009 - 286 - Introduction The Grants Team provides grant development support services to City departments through the identification and monitoring of federal, state, regional, and local grant opportunities. Team members and department staff seek funding for priorities identified during the budget process. Team members and staff specifically focus on meeting department goals, supporting the Capital Improvement Program (CIP) and responding to citywide emergency needs. The Grants Coordinator provides the following: . Orientation for all new Grants Team members . Grant writing assistance . Grant proposal quality review . Special project funding availability analyses . Grant lifecycle monitoring . Grant management training . Serves as the Organization Administrator for eCivis Grants Network software . Pre-audit preparation . Special assistance to outside organizations as approved by the City Manager An Annual Grants Report is published each year, which summarizes the City's previous year's grant activity. The Annual Grants Report and subsequent Quarterly Reports update and summarize data on departmental grant activity and Grants Team projects. The reports reflect information received from departments regarding grant applications and awards. Grant Team members' diligence in using the tools provided by the City is essential to communication and effective record keeping. Accordingly, the Grants Coordinator solicits comments, suggestions and recommendations regarding grants management tools and this report, which is used to increase the overall efficacy of the program. Grants Team Mission Statement: To enhance the achievement of the City's overall goals by providing research, planning, support, feedback and other assistance to its departments in the development of alternative funding sources for citywide projects. Team Structure/Protocol The Grants Team functions as a self-directed unit, independent of individual departmental interests. Operating under the auspices of the City Manager's Office, the team provides grant proposal support to all City departments, which includes referral, research, training, grant proposal development and reporting. The Assistant City Manager is the team coach. Membership consists of representatives from departments citywide, who also function as the liaison between the team and the respective departments. The Grants Coordinator facilitates, expedites and communicates on behalf of the team. - 2- - 287 - FY200812009 Annual Grants Report Liaison role on Grants Team . Conduct funding searches for department projects to identify appropriate funding sources . Assist with research, writing, and gathering information for proposal development . Continually update skills through grant training opportunities . Review proposals (upon department request) for quality . Communicate concerns regarding funding needs to the Grants Coordinator . Use the tools provided by the City for effective and efficient grant management . Follow Administrative Policy #01.02.13 Grants Management Policy & Procedures FY2008/2009 Grants Team Members City Manager's Office - Carisse Lejeune Community Improvement - Brenda Cornelius Finance - Tim Howard/Anthony Davidson Fire Department - Kingman Schuldt/Steve Lewis ITS - Cathy McDeavitt Library - Craig Clark/Anne Watts Planning - Kevin Hallahan Police - Jaclyn Smith/Sgt. Suzanne Gitto Public Arts - Debby Coles-Dobay Public Works - Jean Murphy Recreation & Parks - Jody Rivers/Ginny Shea Risk Management - Mark Bobich Utilities - Karen Riseley Grants Team Coordinator/City Manager's Office - Debbie Majors Benefits from creating the Grants Team . Increased communication regarding grant opportunities throughout the city . City-wide consistency in grant management . More focused approach in applying for funding (using personnel/financial resources more efficiently) . Involving departments who have had little or no history in obtaining grant funding . Flow of information to City Manager and City Commission has increased, therefore increasing awareness of staff efforts and resourcefulness . The City has made new and valuable contacts throughout the state and nation enhancing our grants management operation . We have served as a role model for many other cities and counties - 3 - - 288 - FY200812009 Annual Grants Report Departmental Grant Activity FY 2008/2009 In FY 2008/2009, departments submitted 19 applications for grant funding, totaling $10,735,173; of the 19 applications: .:. 9 ($6,066,042) have been awarded funding with contracts executed o COPS Hiring Recovery Program application partially funded .:. 10 ($2,964,323) are pending award notification An application is not required to receive the formula-based entitlement funding through the Florida State Housing Initiatives Partnership (SHIP) Program. Instead, our City must provide a Local Housing Assistance Plan and Ordinance in support of the local housing assistance program. This is required every three years, with regular monitoring reports. The City received $525,681 for FY2008/09 with an expenditure date through FY2010/2011. Due to the length of time it takes for review and approval at the state and federal level, some grants that were awarded, were submitted during the last fiscal year and some that are pending, will probably not be awarded until next fiscal year. However, it is important to note that the ratio of awarded applications remains above 85%, a reflection of well-trained staff effectively using available resources. In addition to applying for grants, staff actively manage multiple grant funded projects. This includes reporting to the funder, preparing for the audit and managing project or program issues. During this fiscal year, 22 federal, state and local grants, totaling $2,836,500 were closed out as projects were completed. Management and compliance requirements can take a significant amount of time and resources. Staff are to be commended for their efforts. How has all this time and money enhanced the quality of life in Boynton Beach? What does this really mean? . Thirty-three men and women who protect our City received new bulletproof vests to keep them safe, . Parents who don't speak English, who rely on their children to translate at the doctor's office and at school could go to the Library's Family Literacy Program for help, . Fire Station 5 and Emergency Operations Center is able to withstand a Category 5 hurricane and the City is better prepared to respond to and recover from a disaster, . Little League Park and the Boynton Memorial Gardens, our cemetery, has been beautified with the use of reclaimed water, . Low income families could get the repairs needed in their homes, . All of our tireless 911 Operators received their Advanced Emergency Medical Dispatch Certification to help callers in the precious minutes prior to the arrival of the paramedics, . Children Pre-K to 1 ih grade, could speak with a counselor when dealing with domestic abuse. - 4- - 289 - FY200812009 Annual Grants Report Grants Team Activity Since April 2001, the City of Boynton Beach has been on the cutting edge of grants management. Our City Manager, Kurt Bressner, saw the value in providing resources to help grow our grants program in Boynton Beach. This enabled staff to become involved in developing and beta testing grant research and management software. As a result, we have realized significant cost savings and increased efficiency. Using electronic means to manage grant funded projects, we can effectively maintain decentralized operations while enjoying the benefits of a centralized grants management system. While the City receives some entitlement and formula funding, the majority of grants applied for are competitive. Community Development Block Grant (CDBG), State Housing Improvement Program (SHIP) and State Aid to Libraries are examples of the non- competitive funding the City receives annually. These dollars are critical to continue providing basic services to our residents. Generally, departments will identify needs and research appropriate grants during the City budget process. On occasion, emergency funding will become available (i.e. hurricane or other disaster funding), when this occurs the Grants Coordinator will work with departments to identify appropriate projects and coordinate efforts to develop a competitive grant application. The following reports are attached for FY 2008/2009: · Application Activity Report (19 Applications Totaling $10,735,173) · Grants Awarded Report (18 Grants Awarded Totaling $7,901,067) · Funding Source Report (Federal, State, Local & Foundations) First Quarter of FY 2008/2009 (October, November & December) The focus this quarter was on the highly anticipated "stimulus" funding opportunities. Members of the Grants Team joined forces with the Green Task Force to research potential funding availability. The Capital Improvements Program Team met to determine which projects were "shovel ready" to accept the stimulus funding. The Assistant to the City Manager and the Grants Coordinator attended Palm Beach County Legislative Delegation meetings to share the City's funding needs and priorities. Ginny Shea was welcomed as a new member of the Grants Team representing the Recreation Division. Second Quarter of FY2008/2009 (January, February & March) The Assistant to the City Manager shared Washington updates and webinar opportunities from US Strategies and The Ferguson Group as well as other valuable resources with the newly formed ARRA Team, the Grants Team and the Sustainability Team for a coordinated effort in pursuing American Recovery & Reinvestment Act (ARRA) funding for citywide projects. - 5 - - 290 - FY200812009 Annual Grants Report On February 18, 2009, the Office of Management & Budget issued an initial guidance memorandum to heads of Executive branch departments and agencies that will be responsible for implementing the American Recovery and Reinvestment Act signed into law a day earlier by President Obama. This memo lists steps agencies must follow to ensure accountability, transparency, and reporting of data; however there was still no clear direction from the federal level to local government. Federal agencies began posting funding opportunities and www.recoverv.aov website was created for unprecedented public transparency. Grants Team and ARRA Team members participated in conference calls, and webinars to prepare for the application and reporting requirements. Departments began researching funding opportunities for FY2009/10 proposed budget requests. Kingman Schuldt, Administration & Finance Officer (Fire Dept.), and Tim Howard, Deputy Director of Finance, were welcomed as new Grants Team members. Third Quarter of FV2008/2009 (April, May & June) Internal changes were made to comply with Recovery Act requirements. The Administrative Policy for Grant Management was updated to incorporate the new rules and requirements and provide clear direction on managing ARRA funding and the Finance Department created a new fund for all ARRA projects, to ensure transparency and no co-mingling of funding. Grants Team members from the Police Department, Fire Department, Community Improvement and the City Manager's office were busy completing and submitting ARRA grant applications. The Team prepared the FY2009/2010 budget request and began looking at departmental projects for future collaboration. The federal budget process was monitored with regular updates via the eCivis' Grants Network e-notices. State funding opportunities and grant updates were also included. Grant funding forecasting is integral to the budget preparation process; a summary report was prepared for the City Manager and Finance Director for use at department budget meetings. Judy Pyle, Deputy City clerk and Jaclyn Smith, Grants Manager (Police Dept.) were welcomed as new members to the Grants Team. Fourth Quarter of FV2008/2009 (July, August & September) The Grants Coordinator held an in-house training session titled Recovery Act Reporting Transparency and Compliance in September. This included an overview of the American Recovery and Reinvestment Act of 2009, Section1512 as signed into law on February 17, 2009. Staff was made aware of new on-line reporting portholes, how to register, federal reporting timelines and compliance requirements. - 6- - 291 - FY200812009 Annual Grants Report The Grants Coordinator was a presenter for The Ferguson Group and eCivis webinar 5 Keys to Meeting Stimulus Reporting Requirements (Part II) - Case Studies and Best Practices on Sept. 10, representing the City of Boynton Beach's approach to managing the ARRA funding requirements. The on-line training sessions hosted by The Ferguson Group and eCivis were attended by over 500 local governments across the country. By the end of our fourth quarter, the City had been awarded four Recovery Act grants: the Energy Efficiency Block Grant (EECBG), Cops Hiring Program (COPS), Community Development Block Grant-Recovery (CDBG-R) and the Justice Assistance Grant (JAG) totaling $3,015,940. Summary and Future Direction Over the past nine years, the Grants Team has made significant changes in the way grant opportunities are sought, communicated and managed in the City of Boynton Beach. The team is continually seeking ways to improve and meet the City's funding needs. The City's grant awards continue to increase despite a more competitive funding arena. Staff are consistently managing 25 to 30 grant funded projects, which is over twice as many as five years ago. I believe this is due in part to the support the Grants Team and departments have received from the City Manager and City Commission. Dollars allocated to the Grants Team budget for training and resources allows for more competent staff and more competitive applications, which yields grant dollars. The City of Boynton Beach is entering into a new era of sustainability that brings both challenges and opportunities. Many members of the Grants Team and ARRA Team have worked closely with the Community Alliance over the past six months. Together they have examined several opportunities for incorporation into a Climate Action Plan for the City of Boynton Beach. Camp Dresser & McKee, Inc. (CDM), the City's consultant to assist in the development of a Comprehensive Climate Action Plan, has been closely tracking the direction and potential impacts of federal legislation. It is essential to actively seek to include local funding initiatives in both the Federal House and Senate proposals, to assure that Boynton Beach has the financial backing to meet our goals. As we move forward, Grants Team members will work with City staff to provide accountability and transparency in our management of Recovery Act funds and we will seek viable funding sources for the adopted Comprehensive Climate Action Plan. Our sincere thanks to Mayor Jerry Taylor, Vice Mayor Woodrow Hay, Commissioner Ronald Weiland, Commissioner Jose Rodriguez, Commissioner Marlene Ross, City Manager, Kurt Bressner and Assistant City Manager, Lori LaVerriere for your continued support. Prepared by Debbie Majors, Grants Coordinator - 7 - - 292 - . Application Activity Report: Applications Submitted Applications SubmiUed: 19 Projected Funds: $10,735,173 Cash Match: $473,030 In-Kind Match: $85,644 Report Range: 10/0112008.09130/2009 Information based on all grant applications submitted during the reporting period: Organization: Boynton Beach Report Date: 12110/2009 Requested By: Debbie Majors Grants Coordinator majorsd@ci.boynton-beach.fl.us - 293 - $10,735,173 Source: eCiviS@Grants Network www.ecivis.com - 294 - III Activity Report - Grants Awarded Awarded Grants: 18 Awarded Funds: $7,901,067 Cash Match: $1,608,353 In-Kind Match: $459,387 Report Range: 10/0112008 - 09/3012009 Information based on all grant applications awarded during the reporting period: Organization: Boynton Beach Report Date: 11/2412009 Requested By: Debbie Majors Grants Coordinator majorsd@ci.boynton-beach.fl.us - 295 - Source: eCiviS@ Grants Network www.eciviS.com - 296 - Funding Source Report Report Start Date: 10101/2008 End Dale: 0913012009 4 Organlzallon: Boynton Beach Report Dale: 12/10/2009 Requested By: Debbie Majors Grants Coordinator majorsd@ci.boynton-beach.1I Awarded Grants $15,027 $0 $70,000 $200,000 $200,000 $0 $559,900 $1,399,700 $0 $658,900 $0 $0 $2,287,534 $8,653 $0 $4,143 $0 $9,387 $7,901,067 $1,608,353 $459,387 Information based on all grants designated as awarded during the reporting period: Florida De artment of Law Enforcement FL De artment of Environmental Protection South Florida Water Mana ement District Workforce Alliance Source: eCivis@ Grants Network www.ecivis.com - 297 - 9. C CITY MANAGER'S REPORT January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 D ANNOUNCEM ENTS/PRESENT A TIONS ~ CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: Review and accept the FY 2009 -10 Budget Status Report of General Fund & Utility Fund Revenues & Expenditures as of November 30, 2009. EXPLANATION OF REQUEST: This represents the first report of the new fiscal year ending September 30, 2010. As in prior monthly reports, we are summarizing and providing this analysis of actual revenues and expenditures of the City's General Fund and Utility Fund for the period ended November 30,2009. The analysis compares . Actual results for the current period to the annual budget and . Actual results for the same period of the prior year annual budget. HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? The report is one of the financial reporting services of the Finance Department for the purpose of providing interim financial information to the City Commission and to City Management, FISCAL IMPACT: The fiscal impact of the actual budgetary results to date for the General Fund and the Utility Fund follow. GENERAL FUND The FY 2010 annual budget of $72.5 million represents a 2% decrease from the FY 2009 budget of $73.9 million. However, in order to balance the budget in FY 2010, it required . Transfers from other funds of $22.4 million representing 31 % of all fund sources. . A fund balance appropriation of $3.5 million. This is an unusually high 36% of our total budget. - 298 - For the two months in FY 2010, . Revenues and transfers realized are $12.6 million (17%) of the budget estimate. . Expenditures incurred are $11.5 million (16%) of the annual appropriated budget. Revenues & Transfers Expenditures Excess (Deficit) The following summarizes the major revenues and expenditures to date. FY 2010 Annual Actual to Date Budget Amount % $ 72,537 $ 12,657 17% $ (72,537) $ (11,549) 16% $ - $ 1,108 FY 2009 Annual Actual to Date Budget Amount % $ 73,963 $ 9,301 13% $ (73,963) $ (18,275) 25% $ - $ (8,974) FY 2010 vs. 2009 Budget Actual % % -2% 36% -2% -37% Revenues & Transfers {Exhibit A} - Overall, with $12.6 million received to date, we are on track for receiving estimated funding sources; both at this point in time during the fiscal year and in comparison to last year for individual sources. In the current year, these funding sources can be summarized into three major groups making up the total percentage of the budget: 1. 36% - $ 26.0 M - Property taxes less Tax Increment Financing to the CRA The majority of property taxes are received in December (versus ratably over the year) and the CRA is sent 100% of their taxes in December. We monitor receipts in % comparison to last year. 2. 36% - $ 25.9 M - Transfers from other funds and Fund balance appropriated Current practice is to make 1/12 of these funding sources available to the General Fund monthly. We initiated this midway last year. 3. 28% - $ 20.6 M - We monitor all other revenues closely comparing to last year. 100% - $ 72.5 M - Total funding sources Expenditures (Exhibit B) - General Fund expenditures to date are $11.5 million (16%) of the $72.5 million expenditure appropriation for FY 2010. The current appropriation represents a 2% decrease of $1.4 million compared to FY 2009. The graph at the bottom of Exhibit B displays actual expenditures on track with the budget yet below the $18.2 million actual spending levels in FY 2009 for this same period. - 299 - UTILITY FUND The FY 2010 annual expenditure budget of $33.0 million represents nearly a 7% decrease from the FY 2009 budget of $35.4 million. At the same time, necessary rate increases result in an estimated $2.4 million fund balance increase to offset the FY 2009 deficit of $4.8 million. In FY 2009, with declining water consumption, revenues were insufficient to cover the expenditure budget resulting in a necessary appropriation of fund balance of $4.8 million last year to cover the budgeted expenditures. Considering the need to balance the budget and make up for the budgeted deficit, the following occurred last year. . Necessary rate increases were approved and put in place on May 1 resulting in added revenues of $2.5 million to partially offset the $4.8 million estimated deficit. . Added expenditure reductions were implemented resulting in actual expenditures of $30.0 million vs. the $35.4 million originally appropriated; resulting in a $5.4 million savings of 15%. For the two months in FY 2010, . Revenues realized are $5.9 million (17%) of the annual budget estimate. . Expenditures incurred are $4.8 million (15%) of the annual appropriated budget. This results in an excess of revenues over expenditures of $1.0 million. Revenues Expenditures Excess (Deficit) The following provides brief comments on revenues and expenditures to date. FY 2010 Annual Actual to Date Budget Amount % $ 35,498 $ 5,927 17% $ (33,034) $ (4,881) 15% $ 2,464 $ 1,046 FY 2009 Annual Actual to Date Budget Amount % $ 30,555 $ 4,538 15% $ (35,442) $ (3,885) 11% $ (4,887) $ 653 FY 2010 vs. 2009 Budget Actual % % 16% 31% -7% 26% Revenues (Exhibit C) - The $5.9 million in FY 2010 revenues exceed the $4.5 million to date in FY 2009 by $1.4 million (31 %) because of two factors: . The rate increases are fully in place this year whereas they were not implemented in FY 2009 until May 1, 2009. . Water Sales - $2.7 million = 18% of the annual estimate, compared to $1.7 million (14%) at this point in FY 2009. The May 1 water and sewer rate increases should provide for adequate bond debt service coverage that was in jeopardy prior to the increases. Expenditures (Exhibit D) - Utility Fund expenditures to date are $4.8 million or 15% of the annual appropriation compares favorably to the 16% portion of the fiscal year. ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. - 300 - - 301 - EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended November 30,2009 (16% of Fiscal Year) REVENUES FV 2010 FV 2010 TO DATE FY 2009 FV 2009 TO DATE ACCOUNTS REVENUE % REVENUE % APPROVED REALIZED ~ APPROVED REALIZED ~ AD VALOREM TAXES $ 30,343,000 $ 4,780,910 16% $ 35,013,460 4,023,599 11% LESS TIF TAXES TO CRA (4,258,000) 0% 15,243,8201 0% NET TAXES TO THE CITY 26,085,000 4,780,910 18% 29,769,640 4,023,599 14% LICENSES AND PERMITS FRANCHISE FEES 4,820,000 927,225 44% 5,121,000 0% BUSINESS TAXES 1,217,000 1,193,362 98% 1,391,000 1,235,259 89% BUILDING PERMITS 835,000 (94,164) 11% 3,950,000 180,n1 5% PUBLIC SERVICE TAXES 0% 115,645 0% OTHR LICENSES, FEES & PER 205,000 89,544 44% 196,000 74,494 38% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 773,000 12,895 2% 210,000 129 0% STATE SHARED REVENUES 5,785,000 928,210 16% 6,657,000 666,263 10% SHRD REV FROM OTHR LCL 515,000 27,4n 5% 505,000 28,110 6% STATE GRANTS 0% 0% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 86,000 0% 86,000 85,962 1000" CHRGS-GENERAL GOVT 293,000 46,501 16% 290,406 43,589 15% PUBLIC SAFETY 4,345,000 285,619 7% 4,236,925 889,461 21% PHYSICAL ENVIRONMENT 880 0% 5,000 4,840 0% CUL TUREfRECREATION 284,000 71,283 25% 312,000 59,556 19% INTEREST & MISC REVENUE VIOLATIONS LOCAL ORD. 148,000 17,852 12% 103,000 18,848 18% INTEREST EARNINGS 757,000 48,317 0% 1,100,000 108,762 10% RENTS AND ROYALTIES 216,000 53,116 25% 234,000 47,244 20% SALE OF SURPLUS MATERIAL 3,000 150 5% 3,000 959 32% LIBRARY FINES 30,000 2,990 10% 0% OTHER MISC. REVENUE 217,000 26,890 12% 377,000 19,453 5% INTERNAL FUND TRANSFERS TRANSFERS 22,423,334 3,703,889 17% 11,612,000 927,000 8% FUND BALANCE APPROPRIATED 3,500,000 583,333 17% 4,630,000 n1,667 0% TOIaI Revenues $ 72,537,334 $ 12,706,279 18% $ 70,788,971 9,301,611 13% $80,000 $70,000 Two Year Cumulative Revenue r.nmnArlann Anti $72,537 S60,OOO $50,000 $40,000 $30.000 $20,000 $10,000 Oet Feb AI" Ju1 Aug Sep No\' nee Jan M" May Jun ~ Cumulative 09 Actual ~Cumulati~10Actual --+- Projected 10 Budget S:\Fimmce\Fimmcial Reports\Monthly Financial Reports\FY2009J010\Budgel Review - GF - thru Nov 09 SummarizedOOl Revenue Sum111lll')' Revised - 302 - 1212212009 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended November 30, 2009 (16"... Df Fiscal Year> EXPENDITURES ~ 2010 FY 2010 TO DATE 2009 FV 2009 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 251,816 $ 62,795 25% $ 423,814 $ 78,537 19% CITY MANAGER 609,667 99,498 16% 639,605 78,124 12% CITY HALUGEN. ADMIN. 1,710,091 236,150 14% 1,936,072 4,146,276 214% PUBLIC AFFAIRS 148,760 22,299 15% 182,064 19,790 11% CITY CLERK 566,184 73,098 13% 558,899 63,930 11% CITY ATTORNEY 468,486 76,446 16% 480,375 51,485 11% FINANCIAL SERVICES 1,230,307 201 ,880 16% 1,247,864 180,914 14% ITS 1,752,573 186,999 11% 1,866,388 202,611 11% GEOGRAPHICAL INFO SYSTEMS 429,734 70,884 16% 430,164 48,483 11% HUMAN RESOURCES 1,003,256 152,213 15% 989,804 109,155 11% ORGANIZATIONAL DEVELOF 163,320 23,093 14% 198,891 19,974 100/0 PUBLIC SAFETY COMMUNICATIONS 2,112,163 304,452 14% 2,384,971 283,249 120/0 POLICE 24,709,489 4,043,717 16% 24,321,484 5,819,712 24% CODE COMPLIANCE 1,145,398 179,117 16% 1,261,445 156,210 12% FIRE 19,378,362 3,246,448 17% 15,539,222 4,600,005 300/0 EMERGENCY MANAGEMENT 113,430 7,406 7".. 116,300 13,957 120/0 ANIMAL CONTROL 189,965 26,369 14% 201,023 26,028 130/0 BUILDING & DEVELOPMENT DEVELOPMENT 418,153 72,704 170/0 412,826 63,869 150/0 BUILDING 1,901,548 299,429 16% 2,368,088 276,900 120/0 ENGINEERING 903,633 151,563 170/0 937,154 125,959 130/0 PLANNING & ZONING 932,393 155,602 170/0 991,450 132,586 130/0 BUSINESS TAlI 301,380 49,293 16% 297,936 40,711 14% PUBLIC WORKS PUBLIC WORKS 296,696 50,880 170/0 296,412 44,602 150/0 FACILITIES MANAGEMENl 1,792,831 276,202 15% 2,009,496 231 ,248 120/0 STREETS MAINTENANCE 1,005,637 107,023 11% 1,175,287 160,244 14% LEISURE SERVICES LI BRARV 2,518,134 414,588 16% 2,600,620 363,377 14% RECREATION 2,623,280 401,746 15% 2,771,735 360,389 130/0 FORESTRY & GROUNDS 1,647,828 132,822 8% 1,824,643 171,847 9% PARKS MAINTENANCE 2,212,820 334,696 15% 2,324,939 339,557 150/0 CRA REIMBURSABLE & RESERVE~ 90,514 0% 65,702 0% Total Expenditures $ 72,537 334 $ 11 ,549,928 16% $ 70,788 971 $ 18,275,429 260/0 $80.000 170.000 $60,000 150.000 $40,000 130.000 $20,000 $10.000 $0 Oct Nov Dee Jan Fob Ma, Ap' May Jun Ju! Aug Sop ~Cumulatlve 09 Actual ~Cumulatlve 10 Actual -+- Budget 10 S;\Finance\Financial Reports\Monthly Finandal Reports\FY2009_201O\Budget Review - OF - thru Nov 09 SwnmarizedOOL Expenditure Summary Revised 1212212009 - 303 - EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended November 30, 2010 (16% of Fiscal Year> REVENUES FY 2010 FY 2010 TO DATE FY 2009 FY 2009 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED WATER SALES $ 15,715,140 $ 2, n9,986 18% $ 12,100,000 $ 1,738,263 14% WATER CONNECTION FEE 80,000 2,125 3% 80,000 3,275 4% WATER SERVICE CHARGE 275,000 75,651 28% 200,000 34,450 17% WTR.BACKFLOW PREVNTR TEST 36,000 4,101 11% 4,200 RECLAIMED WATER SALES 50,000 0% SEWER SERVICE 15,675,150 2,474,027 16% 13,825,000 2, 160,808 16% STORMWATER UTILITY FEE 3,315,000 560,654 17% 3,315,000 548,007 17% TELEVISE SEWER LINES 1,000 0% 10,000 0% FEES 5,000 1,732 35% 50,000 0% INTEREST INCOME 220,000 9,n3 4% 840,000 23,405 3% SALE OF SURPLUS EQUIP. 1,000 0% 1,000 0% OCEAN RGE UT TAX ADM CHG 500 64 13% 500 37 0% BAD DEBT RECOVERIES 1,500 195 13% 3,000 2n 9% MISCELLANEOUS INCOME 22,000 3,065 14% 30,000 8,659 29% TRANSFER FROM 101,000 16,833 17% 101,000 16,833 17% FUND BALANCE APPROPRIATED (INCR.) 12 464 0371 (410,673) 17% 4887 153 814,526 17% TOTAL REVENUES $ 33,034,253 $ 5,517,533 17% $ 35,442,653 $ 5,352,740 15% $40.000 Two Year Cumulative Revenues Comparison aad CFY Badget. ($ in 1hoasaads) $31).000 $20.000 .$10.000 $0 Oct Nov Dee Jan Feb M.. AJl'" M.y Jun Jill Aug Sep ~ Cumulative 09 Actual ~ Cumulative 10 Actual -+- Budget 2010 S:\Finance\Financial Reports\Monthly Financial Reports\FY2009_201 O\Budget Review - UF -1hrLJ Nov 09 Summarized401 Rev Sum - 304 - EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended November 30, 2010 (16% of Fiscal Year) EXPENDITURES FY 2010 FY 2010 TO DATE FY 2009 FY 2009 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED WATER DISTRIBUTION $ 1,507,154 $ 266,471 18% $ 1,687,111 $ 223,000 13% PUBLIC WATER TREATMENT 6,516,602 859,041 13% 6,672,154 699,032 10% METER READING & SERVICES 1,051,402 163,778 16% 1,209,520 109,704 9% WASTEWATER COLLECTION 1,654,560 277,314 17% 1,794,768 229,492 13% WASTEWATER PUMPING STATNS 2,487,958 348,409 14% 2,574,901 293,386 11% SEWAGE TREATMENT 3,421,600 333,001 10% 4,505,000 338,633 8% WATER QUALITY 572,069 89,876 18% 578,888 75,539 13% UTILITY ADMINISTRATION 1,884,606 270,955 14% 2,011,468 234,225 12% GENERAL ADMINISTRATION 5,525,535 870,953 16% 5,727,921 818,594 14% UTI LITES ENGINEERING 1,220,704 200,321 18% 1,274,598 167,506 13% STORMWATER MAINTENANCE 614,239 78,247 13% 899,485 87,808 10% CUSTOMER RELATIONS 1,215,189 194,485 16% 1,202,174 168,413 14% DEBT SERVICE 5,362,635 901,647 17% 5,304,665 441,704 8% RESERVES - 26,587 0% - 0% Total Expenditures $ 33,034,253 $ 4,881,085 15% $ 35,442,653 $ 3~885,036 11% $40.000 Two Year Cumulative Expenditures Comparison and C'FY Budg<1- ($ in thousands) $30,000 $20,000 $10,000 $0 Oct Nov Dee Jan Feb Mac Ap' May JUll Jul Aug Sep ~ Cumulative 09 Actual ~ Cumulative 10 Actual -+- Budget 2010 S:\Finance\Financial Reports\Monlhly Financial Reporls\FY2009_2010\Budget Review - UF -Ihru Nav 09 Summarized401 Exp Sum - 305 - 9. D CITY MANAGER'S REPORT January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 D ANNOUNCEM ENTS/PRESENT A TIONS ~ CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: Review property notification language and procedures for CRA Brownfield program. EXPLANATION OF REQUEST: On December 1,2009, the City Commission approved an initial Brownfield Designation per the attached map. The staff of the City and CRA were requested by the City Commission to prepare a proposed notice to property owners that explained the Brownfield program and contained specific instructions in the event a property owner wished to "opt-out" of the program. A copy of background information about the Brownfield Program and a Question and Answer sheet about the program is attached. City Commission review of the notice to property owner and the notification procedure is requested. These items are attached as well. Based on an analysis of the map, an estimated 116 parcels are included in the initial Brownfield Designation area. HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? The notification procedure is a required component of the Brownfield Program. FISCAL IMPACT: The estimated cost of first class mailing of 116 notices is: $51.04. (Unit price is $.44) If the City Commission prefers certified mail notification, the estimated cost of mailing 116 notices would be $642.64. (Unit price is $5.54). The cost of printing the notices and mailing the notices will be borne by the CRA. The estimated cost of printing and materials for the notices is $120 or about $1.00 each. - 306 - ALTERNATIVES: Notification by public notice or utility billing inserts vs. mailed notification. Staff Recommendation: Certified Mail notification; City staff mail the notification and opt-out forms and serve as the return location for the forms. Further, staff recommends an acknowledgement postcard be mailed to property owners who submit an opt-out form. This will serve as further notification to the property owner that their application was received. Staff anticipates minimal cost for the postcards (cost borne by CRA). Exhibits: Florida DEP Question and Answer Sheet on Brownfields Basic fact sheet from DEP Website Current Brownfield Map (approved on 12-1-09 by City Commission) Draft Notice to Property Owners Opt-Out Form Proposed Notification Procedures - 307 - For the community, brownfield redevelopment projects create new jobs and tax revenues, improve the environment, revitalize neighborhoods, increase property values, eliminate environmental inequities, and enhance the overall quality of life. Alachua County Brevard County Broward County Charlotte County Citrus County Clay County Collier County Duval County Escambia County Florida's brownfield areas are designated by resolution of a local government, and are defined as contiguous areas of one or more brownfield sites, some of which may not be contaminated. Such areas may include all or portions of community redevelopment areas, enterprise zones, empowerment zones, Environmental Protection Agency- designated brownfield pilot projects, and other designated areas or communities experiencing economic distress. A brown field site means real property, the expansion, redevelopment, or reuse of which may be complicated by actual or perceived environmental contamination. Florida's brownfield program offers businesses and developers a very generous and flexible set of regulatory and financial incentives to clean up and redevelop a brownfield site. Just a few of the advantages of brownfield sites include: . $2,500 job bonus refund for each new job created by an eligible business . Highly attractive business locations with existing infrastructure . Proximity to highly skilled labor and downtown business districts . Increased state loan guarantees to improve lending opportunities . Use of federal, state and local resources to assist in the redevelopment of brownfields . Expedited permitting Gadsden County Gulf County Hamilton County Hillsborough County lake County lee County leon County Manatee County Marion County Miami-Dade County Orange County Palm Beach County Pinellas County Pol k County Santa Rosa County Sarasota County Vol usia County Washington County ,a\ "" {Page 1 of2} - 308 - Brownfield Redevelopment Bonus Refund A $2,500 tax refund is available for each new job created by an eligible business. See Section 288.107, Florida Statutes, for details. Voluntary Clean Up Tax Credits (VCTC) Projects that execute a Brownfield Site Remediation Agreement (BSRA) with the Florida Department of Environmental Protection are eligible for a 50% tax credit for cleanup costs. The tax credit is applicable to Florida's corporate income tax. An additional 25% tax credit is available if the property is redeveloped with affordable housing. See Section 376.30781, Florida Statutes, for details. Sales Tax Credit on Building Materials A sales tax credit on building materials is available for construction of housing or mixed-use projects. See Section 212.08, Florida Statutes, for details. Loan Guarantee Program Up to 5 years of state loan guarantees may be available for redevelopment projects in brownfield areas. The loan guaranty applies to 50% ofthe primary lender loan. If the project is for affordable housing, the loan guaranty applies to 75% of the lender loan. See Section 376.86, Florida Statutes, for details. Cleanup Liability Protection Cleanup liability protection is available for projects that have an executed Brownfield Site Remediation Agreement with the Florida Department of Environmental Protection. See Section 376.82, Florida Statutes, for details. Enterprise Florida, Inc. Joseph Bell 800 North Magnolia Avenue Suite 1100 Orlando, Florida 32803 Phone: 407.956.5622 Fax: 407.956.5559 Email: jbell@eflorida.com www.eflorida.com Florida Department of Environmental Protection Kim Walker Brownfield Redevelopment Program Bureau of Waste Cleanup, MS 4505 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Phone: 850.245.8934 Fax: 850.245.8976 Email: kim.walker@dep.stateJl.us www.dep.state.fl.us Governor's Office of Tourism, Trade & Economic Development Mary Helen Blakeslee 2001 The Capitol Tallahassee, Florida 32399-0001 Phone: 850.922.8743 Fax: 850.487.3014 Email: MaryHelen.Blakeslee@MyFlorida.com www.myflorida.com Office Northeast District Office Northwest District Office Central District Office Southwest District Office South District Office Southeast District Office Contact Craig Parke Alex Webster George Houston John Sego Mel Reinhart Art Torvela Phone 904.807.3221 850595.8360 407.894.7555 813.632.7600 239332.6975 561.681.6676 Enterprise Florida, Inc. is a partnership between F1orida's government and business leaders and is the principal economic development organization for the State of Florida. {Page 2 of 2} Rev, 06/07 - 309 - Florida Department of Environmental Protection: The Department of Environmental Protection is the lead agency in state government for environmental management and stewardship and is one of the more diverse agencies in state government, protecting our air, water, and land, The Department is divided into three primary areas: Regulatory Programs, Land and Recreation and Planning and Management, Florida's environmental priorities include restoring America's Everglades, improving air quality, restoring and protecting the water quality in our springs, lakes, rivers and coastal waters, conserving environmentally-sensitive lands and providing citizens and visitors with recreational opportunities, now and in the future, Frequentlv Asked Questions about Brownfields: Q: If my property is included in a Brownfield Area, does that mean that it is contaminated? A: No, Inclusion of your property within a Brownfield Area does not mean that it is contaminated, "Brownfield area" means a contiguous area of one or more Brownfield sites, some of which may not be contaminated, and which has been designated by a local government by resolution, Such areas may include all or portions of community redevelopment areas, enterprise zones, empowerment zones, other such designated economically deprived communities and areas, and Environmental Protection Agency-designated Brownfield pilot projects, Q: Will inclusion of my property in a Brownfield Area require me to clean up my property? A: Designation of a Brownfield Area imposes no additional legal obligations on the property owners within the designated area, The obligation to clean up contaminated property under state and federal law is independent of its inclusion within a designated Brownfield Area, If you are obligated to clean it up now, you will remain obligated to clean it up after designation, If you are not otherwise obligated to clean it up now, inclusion of the property in a designated Brownfield Area will not create a new obligation to clean it up, Q: Will inclusion of my property in a Brownfield Area enable the eRA to take my property by eminent domain? A: Nothing in the Brownfield Redevelopment Act gives the CRA or the City any additional eminent domain authority, Q: If I don't want to be included in the Brownfield Area can I elect to be excluded? A: A landowner who does not wish his property to be included in a designated Brownfield Area may request in writing that his property be excluded from the designation, The local government is obligated to exclude such properties at the owner's request, However, there is no legal advantage to requesting exclusion, Q: If I think my property may be contaminated, can I take advantage of the limitations on liability and incentives to clean it up? A: Any person who has not caused or contributed to the contamination of a Brownfield site on or after July 1, 1997, is eligible to participate in the Brownfield program, Likewise, subsequent purchasers who have not caused or contributed to the contamination can take advantage of the program, Q: Will inclusion of my property in a Brownfield area affect my ability to sell my property? A: The Brownfield Redevelopment Act's express purpose is to enhance the marketability, cleanup and redevelopment of properties where there is contamination or the perception of contamination, -310- Q: Will my taxes increase to fund the cleanup of these properties in the Brownfield area? A: No, the Brownfield Redevelopment Act's Tax Credit Program and other incentive programs are funded through the General Appropriation by the Legislature, Local tax increases will not be experienced as a result of this designation, By designating the Brownfield area, people redeveloping properties in the area will be able to take advantage of these funds that have been already set aside from other taxing sources, Q: Can I be made aware of what is going on with these cleanups? A: The Brownfield Redevelopment Act requires input from the public. In fact, areas or sites are required to have a Brownfield Advisory Committee which can include concerned citizens, The Committee is kept informed of redevelopment progress and is allowed input at key decision points, As such, by designating the area as a Brownfield, you will have greater ability to understand and influence the cleanup of your area, Q: Where else can I go to get information on Brownfields? A: Florida has been heralded as one of the leaders in Brownfield Redevelopment with an advanced program, The Florida Deoartment of Environmental Protection's website: http:j jwww.dep.state.fl.usjwastejcategoriesjbrownfieldsjdefault.htmis a great resource for information, The Florida Brownfield Association's website http://www,floridabrownfields,org/ also is a great resource, -311- City of Boynton Beach Brownfield Parcels . Legend Parcels in Phase 1 Brownfield" "Local Retail Commercial~ c:J eRA Boundary .. ''General Commercial" .. ''Office Commercial" C City Boundary .. "Industrial" .. Redevelopment Area ~ - 312 - NOTICE OF BROWNFIELD DESIGNATION AND RIGHT TO OPT OUT Date (Address) RE: Parcel ID No. Dear Property Owner: The City of Boynton Beach recently designated certain areas within the boundaries of the Community Redevelopment Area as Brownfield Areas. The purpose of the designation is to provide economic development incentives to encourage the redevelopment of property within the CRA district. As an individual property owner you may elect to have your property excluded from the Brownfield Area designated by the City. If you would like your property excluded please complete the attached Property Owners Request to Exclude Property From Brownfield Area form and return it to the City Clerk's Office at 100 E. Boynton Beach Boulevard, Boynton Beach Florida, 33435. Once the City receives your form, your property will be removed from the list of properties which comprise the Brownfield Area and an acknowledgement postcard will be mailed to you. If you have any questions or need further information please contact the Vivian Brooks, Assistant Director of the Boynton Beach Community Redevelopment Agency at 561.737.3256 or BrooksVi@bbfl.us Kindest Regards, Kurt Bressner City Manager S:\CA\CRA\NOTICE OF BROWNFIELD DESIGNATION (3).doc -313- PROPERTY OWNER'S REQUEST TO EXCLUDE PROPERTY FROM BROWNFIELD AREA NAME OF PROPERTY OWNER: ADDRESS OF PROPERTY: PARCEL # The undersigned property owner hereby elects to have the above described property EXCLUDED from the Brownfield Area designed by the City of Boynton Beach in City Resolution 09-173. If more than one person owns the property. onlv one person needs to si2n this form. Dated Property Owner Print Name: RETURN THIS COMPLETED FORM TO: City Clerk City of Boynton Beach, Florida 100 E. Boynton Beach Boulevard, Boynton Beach, FI 33435 (BELOW FOR OFFICE USE ONLY) Application received by: Date Received: Date Acknowledged Sent to Owner: S:\CA\CRA\Browntield Opt Out Form.doc -314- Brownfield DesiJ!nation Notification Procedures . City staff (GIS) to print labels of all parcel ID numbers (116 properties) to be placed on each notification letter. Or the City staff will prepare mail merge letters. A final list of owners and addresses will be provided to the CRA staff by the City staff. . City staff prints Notification Letters and Opt-Out Forms to property owners. The packets will also include the Florida DEP Question and Answer Sheet on the Brownfield program and the basic fact sheet from the DEP Website. . City staff mails notices via Certified Mail. . There is no application deadline; property owners may opt out at any time. . Opt-Out Forms (application) to be returned to City Clerk's Office. Once Opt-Out Form is received the City Clerk's staffwill mail an acknowledgement postcard to the property owner notifying them that their form was received. The CRA Staff will also receive a copy of the opt-out and acknowledgement for their records. Revised 12/28/09 LL:KB -315- 9. E CITY MANAGER'S REPORT January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 D ANNOU NCEM ENTS/PRESENT A TIONS ~ CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTON NO. R1 0- 008 -- Award a contract for Bid #004-2821-1 OIJA, "Regional Force Main Jack & Bore Project" to Johnson-Davis, Inc. (J- D) of Lantana, Florida with a bid price of $1 ,021 ,270, also approve an owner's contingency of 10% in the amount of $1 02,127 for a total project funding authorization of $1,123,397. EXPLANATION OF REQUEST: The project's scope consists of the construction of the jack & bore components of the Regional Force Main project. The project's scope includes three (3) jack & bore sections that include: 1) A 36-inch steel sleeve with a 24-inch ductile iron pipe force main under 1-95 and the CSX Railroad west of the Mission Hill area; 2) A 36-inch steel sleeve with a 24-inch ductile iron pipe force main under Woolbright Road at SW 3RD Street; and 3) A 30-inch steel sleeve with a 16-inch ductile iron pipe force main under the FEC Railroad at SE 6TH Avenue. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? One (1) bid was received and opened by Procurement Services on November 3, 2009. Copies of the bid proposals were submitted to the Utilities Department and the Engineer Of Record, Wantman Group, Inc. (WGI) for review and evaluation. The responses received were as follows: -316- Plan holders who attended mandatory pre-bid meeting: B&B Underground Gulf Coast Boring & Pipeline Stately Contractors Wakefield Road Boring GlobeTec Construction Johnson-Davis Other plan holders: No bid subm itted No bid subm itted No bid submitted, schedule conflict Subcontractor for Johnson-Davis No bid subm itted Subm itted bid Centerline Utilities (Jupiter) Viasys Network Service (Lakeland) D.S. Eakins (Lake Park) A & L Underground (attended pre-bid but not plan holder) The Engineer's Cost Opinion for this project is $1,023,752. With a bid value of $1 ,021 ,270, the Johnson Davis bid is $2,482 below the Engineer's Cost Opinion. A documented Bid Evaluation - Due Diligence review, based on the Selection Criteria identified in the Instruction to Bidders, Section 26 SELECTION CRITERIA, subsections 26.1.1 through 26.1.10 was initially performed by WGI on the Johnson-Davis bid. After a review of the bid package from Johnson-Davis and an evaluation of the WGI recommendation of award package, the Utilities Department concurs with the WGI recommendation to award this contract to Johnson-Davis, Inc. as the lowest, most responsive, responsible bidder who meets all contract document requirements and whose bid represents the most advantageous bid to the City, price and other factors considered. FISCAL IMPACT: Funds are available as follows: Account Number 406-5000-590-96-03 Project Number SWR114 Allocation 100% ALTERNATIVES: This project has been and continues to be a cornerstone for the City's CIP infrastructure improvements. It will provide additional capacity for future growth, and also an emergency by-pass for the 30-year old sewer force main on Congress Avenue. Possible alternatives are: . Leave the sanitary system collections and pumping to remain unchanged and therefore limit the current and future development in the Central Business District, CRA and Waterfront sections of the City. . Both staff and our Consultant believe that the Johnson-Davis bid represents a good and current fair-market-value for this work. However, with having received just one (1) bid for this work, an alternative to awarding this Contract to Johnson-Davis could be to re- bid the work. Staff does not recommend this alternative. -317- RESOLUTION NO. RI0- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE A WARD AND EXECUTION BY THE CITY MANAGER AND CITY CLERK OF A CONTRACT TO JOHNSON-DAVIS, INC., FOR BID #004-2821-10/JA, "REGIONAL FORCE MAIN JACK & BORE PROJECT", IN THE AMOUNT OF $1,021,270.00 WITH AN OWNER'S CONTINGENCY OF 10% IN THE AMOUNT OF $102,127.00 FOR A TOTAL PROJECT FUNDING OF $1,123,397.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 3, 2009, Procurement Services received and opened one (1) bid response to #004-2821-10/JA for "Regional Force Main Jack & Bore Project"; and WHEREAS, the bid was submitted to the Utilities Department and the Engineer of Record, Wantman group, Inc., for review and evaluation; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award and authorize execution of a contract to Johnson-Davis, Inc., for Bid #004-2810-10/JA, in the amount of $1,021,270.00 with an owner's contingency of 10% in the amount of $102,127.00 for a total project funding of $1, 123,397.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the approval and execution by the City Manager and City Clerk of a contract to Johnson-Davis, Inc., for Bid #004-2810-10/JA, in the amount of $1,021,270.00 with an owner's contingency of 10% in the amount of$102,127.00 for a total project funding of$1,123,397.00, a copy of which is attached hereto as Exhibit "A". -318- Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of January, 2010. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) -319- BID TITLE: :Rl:GIONAL FORCE MAIN JACK AND BORE PROJECT BID NUMBER: 004-2821-10/JA PROJECT NUMBER: SWR 114 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 5th day of January, 2009, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and JOHNSON-DAVIS. INC. a Florida Corporation LX.J a Florida General Partnership ~ a Florida Limited Partnership L-J a Sole Proprietor L-J Check One hereinafter called "CONTRACTOR", WITNESSETH WHEREAS, The City has heretofore invited bids for a City construction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: REGIONAL FORCE MAIN JACK AND BORE PROJECT WHEREAS, Contractor, in compliance with the bidding requirements armounced by the City, submitted a bid on the 3rd day of November, 2009, for the total bid amount of $1.021.270.00; and, WHEREAS, On the 5th day of January, 2010, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement; and, WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial Completion without interruption within 180 calendar days as specified in the Notice to Proceed, subject to CITY approved time extensions. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: C-I Utilities Department Revised 07.11.08 - 320 - 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. 1.1.2, The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.1.3, The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. Contractor is an independent contractor as that term is set forth in the General Conditions for Construction GC-2, INDEPENDENT CONTRACTOR, 1.1.5. Unless otherwise provided, all time frames referenced in all Contract Documents shall be calendar days, 2, SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The "Contract Documents" are the compilation of the following individual documents which are hereby not listed in any order of precedence. 2.2.1. Advertisement for Bids 2.2.2. Instructions for Bidders 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2.5. General Conditions for Construction (GC) - all references to "GC" shall be to section numbers 2.2.6 Special Conditions for City Furnished Materials 2.2.7 Terms and Conditions for City Furnished Materials 2.2.8 Construction Contract 2.2.9 Certificate ofInsurance 2.2.10 Public Construction Bond 2.2.11 Technical Specifications 2.2.12 Contract Drawings and Plans C -2 Utilities Department Revised 07-11-08 - 321 - 2.2.13 Addenda 2.2.14 Written directives or interpretations 2.2.15 Manufacturers warranties 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract and all of the materials furnished shall be in strict conformity with the Contract Documents, CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.2.1. Comply with provisions in Special Conditions and Terms and Conditions for City Furnished Materials. 3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with a copy of his Public Construction Bond within five (5) days of subcontractors' work or material supplying and shall maintain records to establish that notice. A copy of said notice shall be provided to the City's Project Manager at time of issuance. 3.1. 5. Guarantee all work and materials for a period of one (1) year, as set forth in the General Conditions for Construction GC-24, WARRANTY. Warranty period shall commence with date of final acceptance as set forth in the Technical Specifications for Construction 01700, EXECUTION REQUIREMENTS. 3.1.6. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. 3.1.7. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. C -3 Utilities Department Revised 07-11-08 - 322 - 3.1.8. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. 3.1.9. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3,1.10. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. 3.1.11. Perform such other tasks as set forth in the Contract Documents. 3,1.12. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) of the Award of the Project, 3.2. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause resulting from their acts or omissions, or the acts or omissions of their subcontractors or suppliers. 4. CITY'S OBLIGA nONS 4.1, City shall provide a written Notice to Proceed at the time of the scheduled Pre- Construction Meeting. 4.2. Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4,3, On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract within (l0) calendar days of the Commencement Date specified in the written "Notice to Proceed," and to achieve Substantial Completion without interruption within 180 calendar days thereafter. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth C-4 Utilities Department Revised 07-11-08 - 323 - in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of achieving certification of Substantial Completion. 5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR's bid proposal, and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or as unfit. 6. LIQUIDATED DAMAGES 6.1, The CONTRACTOR further agrees to pay $2.000.00 per day as liquidated damages, for failure to begin within ten (10) days of CITY's issuance of the "Notice to Proceed" or failure to achieve Substantial Completion within 180 calendar days from the Commencement Date as indicated in the written "Notice to Proceed", The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 6.2. Punch list items recorded as a result of inspections for Substantial Completion are to be corrected by the CONTRACTOR within thirty (30) calendar days and prior to any request for Final Inspection, Testing and Acceptance as stated in the General Conditions for Construction (OC-50). If the Substantial Completion punch list items have not been corrected by the CONTRACTOR within the thirty (30) calendar day period, at the discretion of the Project Manager, Liquidated Damages may be applied as described in Section 6 above. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the Teclmical Specifications for Construction, 01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT PROJECTS. 8. INDEMNIFICATION 8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. C -5 Utilities Depllf'lmcnt Revised 07-11-08 - 324 - 8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its perfonnance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR., specific additional considemtion in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater, It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. 8.3. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the General Conditions for Construction, However, the indemnification provision, and the insurance provision contained in the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other, 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in current funds for the perfonnance of the contract, subject to additions and deductions as provided in the Contract Documents. 10. CHANGES IN THE WORK 10.1 The CITY, without invalidating the Contmct, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. At the City's discretion, the City may make direct purcbases of any materials and equipment purchased for, or to be incorporated into tbe Project, as determined by the City. CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND UNDERSTANDS THE ABOVE PROVISION. INITIALS C -6 Utilities Department R~vised 07-11-08 - 325 - All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction GC-46, FIELD CHANGE DIRECTIVES/CHANGE ORDERS. No Field Change Directive or Change Order shall be authorized by the Project Manager if the Contractor has added language to the Field Change Directive or Change Order or to any cover letter, e-mail, facsimile, or other written document which accompanies the Field Change Directive or Change Order in which the contractor attempts to reserve any future right or claim arising out of the work which is the subject of the Field Change Directive or Change Order. If the Contractor adds such language, the Project Manager shall secure specific written authorization from the City Manager's office before executing the Field Change Directive or Change Order. 10.2 Change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered., in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ENGINEER 11.1. The Project Engineer ("Engineer") is David Brobst. P.E.. Wantman GrouD. IDC..561-472-8123. 11.2. The Project Engineer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.3, As the Project Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its perfonnance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 11.4. In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager who shall make the final decision. C-7 Utilities Depallment Revised 07-11-08 - 326 - 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction GC-27, INSURANCE. 13. CONTRACf CONTROLS. 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence, 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the Project Manager. In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction, technical specifications, and finally by the balance of the Contract Document. 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are ofthe essence of the Contract. 15. REMEDY FOR DELAY 15.1. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND UNDERSTANDS THE ABOVE PROVISION. INITIALS 15.3. Failure on the part of CONTRACTOR to timely process a request for an C -8 Utilities Department Revised 07-11.08 - 327 - extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction GC-23, EXTENSION OF TIMEINO DAMAGES FOR DELAY. 15.5. For the purpose of this section, the phrase ''the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction OC-lS, DISPUTES. 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. C-9 Utilities Department Revised 07-11-08 - 328 - IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed in the presence of: CITY OF BOYNTON BEACH, FLORIDA City Manager Attest: Approved as to Form: City Clerk City Attorney Signed, sealed and witnessed in the presence of: JOHNSON - DAVIS, INC. President or Vice President Attest as to CONTRACTOR State of Florida ) ) ss: County of Palm Beach ) On this _ day of , 20_, personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. Notary Public My Commission Expires: C -10 Utilities Department Revised 07-11-08 - 329 - PUBLIC CONSTRUCTION BOND BY THIS BOND, We ,as Principal and , a corporation, as Surety, are bound to Citv of Bovnton Beach, herein called Owner, in the sum of $ , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal; 1. Performs the contract dated , between Principal and Owner for construction of . the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings. that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 5. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes do not affect Surety's obligation under this bond, 6. This bond is given to comply v,'ith Section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. DATED ON (Name of Principal) BY: (Name of Surety) PCB-! R~vi..d 10-21-05 - 330 - PUBLIC CONSTRUCTION BOND STATE OF FLORIDA COUNTY OF and says as follows: He , being first duly sworn, deposes is of (Title) (Name of Corporation or Finn) a Florida Corporation a Florida General Partnership a Florida Limited Partnership a Sole Proprietor ( ( ( ( ) ) ) ) Check One which IS named in Construction Contract dated the day of , 20_, between said corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and alllaborers, materialmen and subcontractors have been paid for perfonning or furnishing the work, labor or materials upon said Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713,06 Florida Statutes. Affiant Sworn to and subscribed before me this day of ,20_ Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE PCB - 2 Revised 10-21-05 - 331 - (W ~~~i~~:a~i~+rS~~e~ !~~:Ing November 30, 2009 Mr, Paul Fleming, PMP City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, FL 33435 RE: Recommendation of Award Regional Force Main Jack and Bore Project WGI No. 40710667.02 Dear Mr. Fleming: I evaluated the bid package and two references for the lowest bidder: Johnson-Davis, Ine. Enclosed is the Bid Evaluation - Due Diligence form. Based on my evaluation, I recommend the project be awarded to Johnson-Davis, Inc. Please call me if you have any questions or require additional information. Sincerely, W ANTMAN GROUP, INC, MuutfJMJ-- David K. Brobst, PE Senior Vice President Ene. Ce. 40710667.01/C.l 1\': \ 667 Boynton Beach Force Main \ C CORRESPONDENCE \ C.! - City of Boynton Beach \ 46 JB Recommenda linn letter.doc 2035 Vista Parkway.:. Suite 100 .;. West Palm Beach, Florida 33411 561.687.2220 .:-Fax:: 561.687.1110 -:- www.wantmangroup.com (. wgi@wantmangroup.com - 332 - .. .. C{. Utilities Department Engineering Division Bid Evaluation - Due Diligence Project Name: Regional Force Main Jack and Bore Project Project Manager: Paul Fleming, PMP 1 Consultant: I Wantman Group, Inc, Contractor: Johnson-Davis, Inc. (hereafter referred to as "J-D") ....... ....... .... ........ :; . ........;.SECTION1;':i.f$EIaiEC]IQ~eRITERIA\,::;;, ,. ,.."". ,,;' ,"'- As required in the Instruction To Bidders, Section 26 SELECTION CRITERIA, bids are to be evaluated based on the followino criteria (use continuation sheet if necessary): No. .'. ....$el~tic:)r'lCrlterla'J' tiotits:&,C(im.m~nt!J..:;::...."""" ""(i\:::)i~:~:~:~F;:fh'i;t::;;;:;~;~;:fn-;l~i_ "" 26.1.1 Experience of the firm with similar projects, J-D has experience with large scale, heavy construction and large diameter pipeline projects. They are well known in the industry. $3,2M, 25,000 feet reclaimed water distribution for City of Boca Raton. $2.5M, road, drainage, water, force main for Palm Beach County BCC. $2.5M, utility relocation incl. jack and bore for Martin County BCC. $3.3M, utilitv relocation, new water and force main for FDOT, 26.1.2 Background and experience of the principal members of the personnel, including officers. Principal personnel have a substantial amount of experience. President-33 years experience; 32 at J-D; 17 as President Operations Manager-28 years experience; 28 at J-D; 17 as Op. Mgr. Controller-33 years experience; <:1 year at J-D as Controller; 21 years as president of heavy construction company Vice PresidentlProject Manager--43 years experience; 32 at J-D; 22 as VP/PM Project Manager -32 years experience; 23 years at J-D; 9 years as PM Project Manager-26 years experience; 22 years at J-D; 5 years as PM Suoerintendent-22 years exoerience; 11 vears at J-D' 8 vears as Supt. 26.1.3 Bonding capacity. Compare current project values against stated bonding capacity. $80M capacity, $77M available, $20.7M current project values, Capacity is sufficient. 26.1.4 Evidence of possession of required licenses or business permits. Scott Johnson, Herbert Johnson, Certified Underground & Excav Cntr from FDBPR FDOT aooroved soecialtv classes of work: underaround utilities sewer, water, force main 26.1.5 Experience in performance, J-D stated they have no default contracts. Based on conversations with references J-D has an outstanding record of oerformance. 26.1.6 Contracts on hand. $20.7M work remaining in 36 contracts (35 as subcontractor). This workload appears to be well within the capacity of J-D. 26.1.7 Largest completed projects. The largest completed projects are comparable to the scope and magnitude of this project. J.D has completed heavy construction having significant impact on traffic and neiahborina areas with success. Also see 26.1.1 26.1.8 Review of references (use paae 2 of this form). 26.1.9 Consideration of past lawsuits or arbitrations to which the firm has been a party. None 02/2009 Page 1 of 4 - 333 - 0212009 Bid Evaluation - Due Dili ence Page 2 of 4 - 334 - Utilities Department Engineering Division ,;\\r', , l "'. ,/ Utilities Department Engineering Division Bid Evaluation - Due Diligence " .' . " ,.....,'.,~O,';;/:i~:;$eCmIO:N;24;.REFERENeE,,yERIFlq}\mIONrn):'2ir:i'm~\'~;:;i[il'imf\%';'iFtt!fn:'f.:':"";"" City of West Palm Beach SR 809 Military Trail Okeechobee Blvd to South of 45th St Craig Sandt, Sr. Construction Coordinator Telephone No.: 561-494-1040 Company Name: Project Name and brief Description: Contact Person / Title: Project Value (Start / Finish): ....'.>',:',.,:'. " " "', <',<', ",,'-, ' ," ;" ....'. ...... :""""c::.;c~'"...' 1 Have they performed the work satisfactory as it pertains to meeting Yes 181 No D budaet? 2 Have they performed the work satisfactory as it pertains to meeting Yes 181 No D deadlines and milestones? 3 Have they performed the work satisfactory as it pertains to availability of Yes 181 No D staff and princioals? 4 Have they performed the work satisfactory as it pertains to responsiveness to Client demands and suaaestions? 5 Have they performed the work satisfactory as it pertains to quality of work? 6 Were there any Field Change Directives / Change Orders on this project? If ves, explain the circumstances in the Comments / Remarks section. Were there any "disputed" claims from this contractor for this project? If Yes D No 12] ves, exolain the circumstances in the Comments / Remarks section. How has the closeout process been with this contractor? Have there been any "warranty" claims? If so how has the contractor's response been? 10 What is your overall satisfaction with this contractor? . ",", ......",.... ".,''''.ii, Item No. Comments / Remarks from above (use continuation sheet if necessary) Changes were based on design and conflicts/resolutions in the field. Some cost chanQes due to increasing material costs, $3,354,065 I $3,466,942 Completion Date: July 2008 Yes 181 NoD Yes [8J No D Yes [8J No D 7 8 9 satisfactory Yes D No IZI Excellent "",' .. ", .',",;'} , 6 10 Brown & Caldwell was the City's consultant. This was a tough project with many people/entities involved. The City would like Johnson-Davis to bid on upcoming/current continuing services but thev did not. When asked, Mr. Sandt stated this was not information he had at hand during the conversation, It may be reasonable to assume the start/finish values were not sianificantlv different. Start/Finish Values Bid Evaluation Performed By / Date: James Richie, PE November 6, 2009 Company I Organization: Wantman Group, Inc. 02/2009 Page 3 of 4 - 335 - ,./....~.(..' i. I, l ' ",., Utilities Department Engineering Division Bid Evaluation - Due Diligence ....... }}" ...,',i'" .' .:SECTION2:;';"REF:ERENCE;~ER.IEICATION! ,.-:::.';." I' ,:". .",'..,....'.': . , Company Name: JW Cheatham, LLC (prime contractor) Project Name and Lantana Road SR7 to FL Turnpike brief Descriotion: Contact Person I Title: Tom Uhrig Telephone No.: 561-471-4100 Project Value $2,520,500 $2,327,956 Completion Date: March 2004 (Start / Finish): '.',,' '/', "".;, "':--'"''.'>''''''' 1 Have they performed the work satisfactory as it pertains to meeting Yes I8l No D budaet? 2 Have they performed the work satisfactory as it pertains to meeting Yes~ NoD deadlines and milestones? 3 Have they performed the work satisfactory as it pertains to availability of Yes~ NoD staff and orinciDals? 4 Have they performed the work satisfactory as it pertains to responsiveness Yes I8l No D to Client demands and suaaestions? 5 Have they performed the work satisfactory as it pertains to quality of work? Yes~ NoD 6 Were there any Field Change Directives / Change Orders on this project? Yes~ NoD Ifves, eXDlain the circumstances in the Comments I Remarks section. 7 Were there any "disputed" claims from this contractor for this project? If Yes 0 No [8J ves, exolain the circumstances in the Comments I Remarks section. 8 How has the closeout process been with this contractor? Very good 9 Have there been any "warranty" claims? If so how has the contractor's Yes [8J No 0 reSDonse been? 10 What is your overall satisfaction with this contractor? excellent ." ::' """';" Item No, Comments I Remarks from above (use continuation sheet if necessary) 1 J-D competitively bid this job. 6 J-D responded appropriately to the change and was concerned with resolving the matter. 9 Minor valve cover adjustments were resolved without issue. 10 JW Cheatham has contracted with J-D for $30M including Boynton Beach Blvd., lndiantown Rd., and Northlake Blvd. 3 "Actively involved management", "excellent", "outstanding" 10 Capable of performing challenging work (15' open cut in roadway; 24 hour shifts) Bid Evaluation Performed By / Date: Jimmy Richie, PE November 10, 2009 Company / Organization: Wantman Group, Inc. 02/2009 Page 4 of4 - 336 - 9. F CITY MANAGER'S REPORT January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 D ANNOUNCEM ENTS/PRESENT A TIONS ~ CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: Review of Renovation Plan for Historic Boynton Beach High School submitted to the City Commission on December 15,2009. EXPLANATION OF REQUEST: Per the request of Mayor Taylor, this is a preliminary staff analysis of the undated proposal submitted by Gaylord Allan Hendricks Consulting to the City Commission on December 15,2009. The initial staff analysis is attached along with a digitized copy of the Hendricks' proposal. See attachments 1 & 2 for the December 19, 2009 proposal and attachments 3 & 4 for the preliminary staff analyses. Also see attachments 5-9 for definitions and backgrounds information on the funding programs. HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? Preliminary - please see attached summary analyses by CRA and City staff (attachments 3&4). FISCAL IMPACT: Preliminary - please see attached summary analyses by CRA and City staff (attachments 3&4). AL TERNA TIVES: 1. Reconsider the deletion of the March 2010 referendum issue. This may require a special City Commission meeting to meet the requirements for two ordinance readings. The final conformed language must be at the Palm Beach County Board of Elections by February 1 st. Staff is confirming the absolute deadline. 2. Authorize staff to prepare a request for proposal to allow other organizations or agencies to compete for City and CRA refurbishment funding. 3. Do nothing. Attachments to this report: - 337 - 1. Copy of 12/19/09 Old High School Proposal by Gaylord Allan Hendricks 2. Executive Summary of 12/19/09 Old High School Proposal 3. Initial CRA staff analysis of 12/19/09 Old High School Proposal 4. Initial City staff analysis of 12/19/09 Old High School Proposal 5. Definition of 501 c 3 Organization from BoardSource 6. Definition of 501 c 4 Organization from BoardSource 7. Overview of Federal Rehabilitation Tax Credit Program from National Trust for Historic Preservation 8. FAQ's about New Market Tax Credit (NMTC) Program from Impactseven.org (a non- profit organization working with the NMTC Program 9. US Department of Treasury New Market Tax Credit Program (Summary of 2009 Program) - 338 - RENOVATION PLAN for HISTORIC BOYNTON BEACH HIGH SCHOOL BRIEF - 339 - o THE SUBJECT ..................... .................. ..................... ............ ..... 2 THE PREFACE .................. ..................... ..................... ................ 2 THE WHY ...... ..................... .................. ..................... ............ ..... 2 THE WHAT ... ..................... .................. ..................... ........... ....... 4 THE WHO ............... ..................... ..................... ..................... .... 13 THE HOW............... ..................... ..................... ........................ 14 THE MONEY... ..................... .................. ......................... ............ 14 TIMELlNES ... ... ............ ... ... ... ............ ... ... ... ............ ... ... ... ............ 16 LONG RANGE PLAN ............ ..................... ..................... ............... 17 REFERENCES & links ............ ............... ...... .................. .............. 17 - 340 - 1 Built in 1927, Historic Manatee High a.k.a. Boynton Beach High. Location Ocean Ave, Boynton Beach, Florida Boynton High School/Mangrove Park School - Noted architect William Manly King designed the Boynton High School as an additional school for the area. This 1927 building was constructed in the Mediterranean Revival style and incorporates elements of Art Deco. The school was used as a school and community center until 1994, and then transferred to the City. Since that time, the building has stood vacant and has been slowly deteriorating. Development pressure, poor maintenance, and the current economic conditions all factor into the increasing threat of demolition to the school building. Preface The intent of this brief is to supply the city commission with enough information to understand the intent of our efforts. In short, we propose the following plan of action to put this building back into action, preserving an important piece of Boynton Beach History while creating a useful and sustainable building. We propose to restore and renovate the existing building. We propose the final product should be as near to self sustaining as possible to avoid undue burden to the city in the years to come. We propose to create a building that will host a program of uses that will effectively, create job opportunities, enhance the quality of living for all of Boynton Beach and bring much needed life and revenue back to the Boynton Beach downtown area. THE WHY Retaining and improving this existing structure has many benefits to Boynton Beach and the surrounding Palm Beach County areas. Here we will highlight the ones we feel are most important. Historic preservation: Historic preservation projects add to the sophisticated image of the city. Cities who honor their past are seen as places of sophistication. The City of Boynton Beach has a few fine examples of preserving their past. The examples are but few and what is left should be important to preserve. Property Values The bottom line is improved by bring this building back to life. Areas where buildings, especially city owned building are left in disrepair have a negative impact on all of the surrounding property values. We've gotten used to seeing this building in the shape it is in. It doesn't look awful to us, but it certainly doesn't look like a building that has been cared for by the city. It is not our opinion; it is proven fact that when an area or groups of building are not kept to a high quality standard, crime rates rise and property values decrease. If and when this building and the surrounding Ocean Ave District are improved, surrounding property values will rise. 2 - 341 - Crime Community Centered neighborhoods experience a decrease in crime. One effective way to build community in a neighborhood is to have neighbors know neighbors. The most effective weapon against crime is neighbors who watch out for each other. One ofthe ways that city government can facilitate is encouraging this type of interaction. There are a few ways to encourage this behavior, one being provide places to people to gather and provide programming events assistance. An improved Ocean A venue District, along with a community civic, arts and cultural campus will not only provide excitement and revenue coming into Boynton Beach, it will afford places for neighbors to meet neighbors. Commerce Revenue into the Ocean Ave District and support for the new Marina District area. The Old School Center can become the anchor point for the Ocean Avenue to Marina District area. The Ocean A venue District will benefit from an exciting and energetic place at the end of the street. Cultural Tourism Cultural Tourism, also known as cultural heritage tourism, "is travel to experiencing the arts, heritage, and the special character of unique places." This definition emerged from the 1995 White House Conference on Travel and Tourism, which declared United States involvement in this worldwide phenomenon a national priority-a way to link support of American cultural institutions with economic development goals for the nation. Why is cultural tourism au ecouomic development tool? . In communities across the nation, cultural tourism has generated business opportunities for local entrepreneurs, created new jobs, and expanded markets for the arts. . Cultural tourism activity in Pennsylvania totals more than $5 billion, supports 69,000 jobs paying $1 .34 billion, and generates $615 million in tax revenue for state and local governments (Greater Philadelphia Tourism Marketing Corporation, 2003). . Cultural Tourism in New York City increased to 16.9 million in 2002, accounting for nearly half of all visitors, according to NYC & Company. Spending by cultural visitors accounted for $7.6 billion that year. . Cultural Tourism has the added benefit of promoting pride and enhancing quality of life for local residents. 3 - 342 - THE WHAT The PROGRAM CONCEPT The vision for the final product is a building that houses these basic functions. Arts Culture Rental/lease / office Civic function Food and Beverage THE PLAN In order to create a successful conclusion of this historic building renovation project we propose the following overall plan of action. The Team In order to take advantage of new market tax credits, historic preservation tax credits, available grant money on a local, state and national level and major donor fund raising efforts, we propose the building be placed in the care of the Boynton Beach Historic Society. The funds available are only available to a SOlc3 organization. Over arching principles and design criteria. In order to create an economically successful project of this historic building, the following design and functional principles should be followed closely. Traffic flow, evening and daytime. Further study is need in this area. It may be possible or necessary to secure a portion of the building in the evening hours. It may be entirely acceptable that the entire building be open to the public in the evening hours. Unsecured, empty hallways are not an acceptable or desired result. Some possible solutions are creating a layout of uses that allows the entire building to be accessible at night time, . Retail next to office next to food and beverage outlet(s). . A mix of uses that allows of the second floor of the south side of the building to be close in the evening hours. . Or a mix of uses that allows for the lower level of the north side of the building to be secured or closed off at night. . Complimentary functions and their location. Mix of uses, principles. The right location for potential uses should be well thought out in advance and remain flexible. 4 - 343 - 4000 square feet Great room A multi function great room is proposed for the old gymatorium. The existing stage is proposed to be renovated. The existing bleachers are proposed to be removed and replaced with a more functional storage and seating structure. The great room has enough space for approximately 250 people banquet style, 500 people theater style and 350 people conference style. The area where the old bleachers will be redesigned will have room for storage of tables, chairs, chafing dishes, 6-foot tables, conference tables and other banquet needs. Lease space is to be provided to bring in enough revenue to offset any annual cost to the city . Available space made available for lease shall be approximately half of the overall usable space under roof. The design layout may change, but the over all goal of providing enough lease space to cover the cost of annual maintenance or very close to covering the cost shall be a guiding overarching principle when development decisions are made at every level. Food and beverage service The lower north section of the old school is a proposed kitchen facility. This area may be used as a support-catering kitchen or may be expanded to service the proposed food and beverage operation of an in house food and beverage operation. One food and beverage operation must be incorporated into the final building mix of uses. This food and beverage operation may take on the form of a full service restaurant or may be a deli or coffee shop style operation. The overarching principle is to have available service available to attract visitors and create activity at the space from morning to later everungs. Civic and city services Civic and city services are to be worked out over the course of the reconstruction of the old school space. Some overall considerations to keep in mind while making these decisions shall be. 1. Creating traffic into the building. A city service that does not create pedestrian traffic may be better suited elsewhere. Other considerations may be city community, cultural and arts centric services. These may include Parks and Recreations services, community centered police services, arts and culture related departments. The over all mix can of course fluctuate over time as needed. Office lease space. Here again consideration should be given to how much pedestrian traffic does a professional service make. If desired result is prohibited by and zoning regulations, we suggest the city commission grant exceptions and revisit the regulations that are prohibitive to flexibility of the City of Boynton Beach to make decisions in the best interest of the Ocean A venue and Marina District. In general, we are proposing professional office space to offset the annual cost of the redeveloped old school space. Proposed locations for office lease space are flexible. Consideration should be taken as to location of office lease space during the evening hours. Depending on the final location of the food and beverage operation in the old school building, the office space may be 5 - 344 - best located on the upper floor of the South side of the building. If the restaurant is located in the lower level of the North portion of the building office and boutique retail space can be located on either floor of the South side of the building. Retail lease space. The preferred retail tenant shall be a business operation that has the ability to be open in the evening hours, especially on the weekends. This concept should reflect the overall Ocean Avenue principle of creating life and activity on the street in the evening hours. Generally, most of the high traffic time will be on the weekend. The building renovation should take into account that display windows for retail space should be provided. Not all retail space must be open in the evening hours, but window-shopping will provide a desired result of providing a pleasurable experience moving people through the space. Care should be given as to the location of all lease uses. It is foreseeable that office and city services are located on the top floor and retail space located at the street level floors. 6 - 345 - . . ". . I I :,~ .'1 , . I" . ~. . 7 - 346 - 8 - 347 - 9 - 348 - Revenue of aU lease space. Potential revenue for lease space is as follows 11,000 square feet lease space = $187,000 10,000 square feet lease space = $170,000 5,000 lease space = $85,000 10 - 349 - Office / retail lease space 12,000 square feet @ $17.00 per square foot = $204.000 annually 4.000 square great room space 50 function days @ 2,000 = $100,000 annually. 50 function days @ 1,000 = $50,000 annually. Design Concepts and Criteria Preservation will be a great part of the effort to restore the old Boynton Beach High School to health. However, preservation will only be part of the overall plan. In our view, a 100% preservation project will not be produce the desire result of having a multi functional, civic, arts centric center that is open to all Palm Beach County residents. The overall concept is to be flexible in future building usages, while remaining true to the spirit of this historic building. Our proposal to use historic preservation grants to the extent that these grants do not tie the hands of future development of the building as a functional civic arts center. Our plan is to use our resources to solicit grants for historic preservation, green building / sustainable building grants and grants aimed at providing services for Boynton Beach and the larger community of Palm Beach County. Design guidelines Preserve bathrooms, key historic design features, preserve the integrity of the exterior structure. Signage shall be handled not on the exterior ofthe building. Signage shall be handled via sign walls to be added around the building incorporated into canopies, sign walls, and plaza features. Replacement doors shall reflect the era of the original building. We will not be tied into doing exact replicas of the era and we reserve the right to get close enough without being penalized by grantors of moneys for the project. If grant money will inhibit our ability to our intent is to keep in the spirit of this historic building while keeping within a reasonable budget. The overall goal of putting this building back to good use for the community will take precedent in all design decisions. Replacement light fixtures shall reflect and respect the era of the original building. We reserve the right to remove and or replace non-structural walls to accommodate for a better functioning building. Lease space shall be considered when all structural design decisions are to be made. 11 - 350 - Programming First Floor, Retail, Food, Beverage, City Offices Conceptual suggestions; Rita's, Sandwich Shop. Parks & Recreation, Coffee Shop Suggestions for placement; Food and beverage on the East and West rooms. Retail in the middle Second Floor, Retail, Office Space, City Offices Gym and stage, Movable art show or restaurant. The Art Show. The concept is to have Art line the walls of the old Gymatorium. With movable platforms for sculpture pieces. The sculpture pieces can be moved to the center of the gym floor when the building does not have a function planned. When a function is planned, they can be moved safely to a niche along the perimeter of the walls. Storage for tables and chairs will be along the South walls. Tn our recent economic impact study, Miami-Dade County's findings revealed a $922 million economic impact from nonprofit arts and culture industry spending. The study also revealed an extraordinary average audience expenditure of $78.17 per person from outside the county, per event, in addition to the cost of admission -- three times as much as the $26.17 spent by the average county resident. Arts and culture are magnets for tourists, and tourism research repeatedly shows that cultural travelers stay longer and spend more, resulting in local businesses reaping the financial rewards. httv://www.miamiherald.com!ovinionlletters/storv/1181944. html Food & Beverage · Full service Restaurant and I or · Coffee Shop I Bakery Locations and logistics to be decided. The concept of having food and beverage service at this location is crucial to the goals set forthwith. Creating a space where there pedestrian traffic flow during all hours of operation is key to creating life on Ocean Avenue. Our proposal leaves room for placement to be adjusted, however it would be best to place food and beverage locations on the first level floors with access to the street and adjacent parking. And entry plaza could not only accommodate a small performance area, but would also create opportunities for signage and ADA compliant assess to the building. 12 -351- THE WHO The Team, Organizations 501C3, 50lC4 Options: Boynton Beach Historical Society City 501 c3 Newly formed 501c3 Support Team members & organizations Palm Beach County Historical Society Boynton Beach Historical Society Proposed City Task Force Building Dept. Citizen group Liaison Parks & Recreation Dept. Facilities Dept. Citizen Group Tasks Petition Drive, Build coalition partners support Build community by - in Education events Special events Assist in coalition building 501c3 formation In kind donation program Fund raising support Design, programming plans, support organization. Assign liaison with City and CRA The Team, Individuals Barbara Ready, President, coalition Building G. Allan Hendricks, campaign manager, public education, organizer Warren Adams, Grant Writer in Chief John McGovern, 501c3 & City I CRA Liaison FUND RAISING TEAM Harvey Oyer III Supporters & Allied Organizations National Historic Trust Boynton Historical Society Art Deco Palm Beach County 13 - 352 - THE HOW Construction Phasing. After the building is secured, the renovation efforts should be focus on the First and second floor rental spaces and creating a pedestrian friendly plaza between Ocean Ave and the building. Construction I renovation of the gym space and lower floors can move forward, with peep holes for curious visitors. Education and promotion campaign In order to insure a successful end result a promotion campaign will be in effect throughout the renovation process. This campaign will bring awareness to the Old School project, create an environment where potential major donors are more likely to know about the project and be willing to donate funds and ensure success when the time comes to actively acquire lease agreements. · Ongoing effort to build support and excitement for the restoration project · Speaking engagements · Direct involvement by city residents, major donors and city Government and city staff in the process. · Guided tours at predetermined times for press, major donors and citizens and city staff · Cooperation with City and CRA education and community building efforts THE MONEY In general we propose the following plan of action to fund the restoration I renovation of the Old Boynton High School: We are working form the assumption that the project will cost 8 - 10 million dollars. New Market Tax Credits $6,000,000.00 The assumption is that 40% of this money will be a forgivable loan and the remainder will have to be repaid. Revised total cost to project = 3,600,000.00 Money from Major donor fund raising efforts. 14 - 353 - $1,000,000.00 over four years ($250,000.00 per year) In kind donations $20,000.00 over four years ($5,000.00 per year) Money from Grants $80,000.00 over four years ($20,000.00 per year) Balance from City of Boynton Beach $2,000,000.00 over four years ($500,000.00 per year) TOTAL - $3.600.000.00 Major Donor Fnnd Raising Grants Tax Credits Major Donor Fund Raisers City Money Grants, Historic Preservation, GREEN Bnilding, Community Building, Arts and Education, Stimulus Money In Kind Donations, Major Retailers Naming rights campaign New Market Tax Credits http://www.stlamerican.com/articles/2009/11J06/business/local business/business02.t xt http://tampabav.bizlournals.com/tampabav/stories/2009/06/08/storvl.html Historic Preservation Tax Credits http://www .preservationnation.or!!/issues/rehabilitation-tax -credits! 15 - 354 - TIMELINE Objectives bv year YEAR ONE. task. deliverables. materials. timelines 1. Secure the right to use the building for an extended period of time 2. Have a restoration plan with known. verifiable expenses. 3. Develop qualified organization 4. Develop board 5. Write investment policy with a competent money manager. 6. Develop the case statement for support 7. Secure collateral material 8. Identify Lead donors. YEAR TWO. task. deliverables. materials. timelines Structure. 501c3 to report at monthly Commission Meeting Deliverables: Petition gathering, infrastructure I awareness building Organize community team Plan & execute 1 sl Town Hall Allied organizations counsel (local) Harvey Oyer, Koskoff, Stryker Grant writers organized, help from CRA grant writers Green restoration homework Stimulus money Key Team Players Clean team Press person, NEWSLETTER CPA Lawyer (City) Old school experts in restoring historic buildings Gather donors and in-kind donations Scaffolding Paint. Electric Cleaning services Doors Windows Banners for donors Wall plaques Naming rights Communicate and coordinate with city and CRA 16 - 355 - CRAjoint event Create non - profit, with help from City Attorney Organize allied groups First community fund raiser First event Major Construction - ROOF YEAR THREE First major donor fundraiser Community fund raiser Continue building teams Plan & execute 1 sl Town Hall Major Construction - ELECTRIC Internet - high tech YEAR FOUR Open doors Major Construction - Fire system Fund Raising Goals Grants FOLLOW THROUGH The Education Campaign The education campaign will be an ongoing effort from beginning of project through the opening of the new venue. Speaking engagements, a program to identify stakeholders, potential donors and Boynton Beach citizens to build support and excitement for the project. The education element of the plan is essential to the success for getting the building renovated and ensuring that we will have lease space filled when we open the doors. Major Donors and Key Financial Support Resources Two of the 2006 Top Ten Green Projects winners are preservation projects Immaculate Heart of Mary Motherhouse, Monroe, MI Philadelphia Forensic Science Center, Philadelphia, PA htto:llwww.wbdg.orgfresources/sustainable hp.php 17 - 356 - Preserving a building is often called the ultimate recycling project, yet preservationists commonly fight the stigma that historic buildings are inefficient and require daunting corrective measures to retrofit for energy saving devices and systems. Green and sustainable design has become an increasingly popular issue in both the preservation and new construction industries. Preservation and green goals overlap, and reconciling their differences is possible, provided that both sides strive to be as creative and flexible as possible. The LEED for Neighborhood Development Rating System (LEED-ND) integrates the principles of smart growth, new urbanism, and green building into the first national system for smart, green, and healthy neighborhood design. LEED-ND also addresses historic buildings. The U.S. Green Building Council recently adopted LEED-EB@ as a guideline for greening Existing Buildings. While this is a valuable checklist for maximizing the sustainable qualities of existing buildings in a real estate portfolio, it stops short of addressing historic buildings specifically. The LEED for Existing Buildings Rating System helps building owners and operators measure operations, improvements and maintenance on a consistent scale, with the goal of maximizing operational efficiency while minimizing environmental impacts. LEED for Existing Buildings addresses whole-building cleaning and maintenance issues (including chemical use), recycling programs, exterior maintenance programs, and systems upgrades. It can be applied both to existing buildings seeking LEED certification for the first time and to projects previously certified under LEED for New Construction, Schools, or Core & Shell. USGBC is now offering free registration for all previously certified LEED for New Construction, LEED for Schools, and LEED for Core & Shell projects. E- mailleedinfo@usgbc.org to take advantage of this offer and get started on the LEED for Existing Buildings: O&M certification process. Minimum Program Requirements Update: The LEED Steering Committee has approved a change to the Minimum Program Requirements (MPRs) for LEED for Existing Buildings: Operations & Maintenance, versions 2 and 3, lowering the occupancy rate required for certification from 75% to 50%. Articles Milwaukee Journal Sentinel Architectural Record GreenHomeNYC Sustainable Design and Historic Preservation National Housing Trust Integrating Sustainability and Historic Preservation-AlA Best Practices 18 - 357 - htto:llwww.gsa.gov/Porta1/gsa/eo/contentView.do?contentTyoe=GSA BASIC&contentI d=23709&noc=T htto:/Idocs. google.com/viewer?a=v &q=cache:ugt9U09qN8g] :ceom.louisville.edu/Pubs WPaoers/practiceguideslPG 8.pdf +successful+historic+preservation+examples&hl=en&g l=us&pid=bl&srcid=ADGEESi- 4xdJItZuOQ029uHswC2tq5G8huNq Y qXl5sv AU85uOH7 0041 Vhs4sKD9-iGh Y6- WWMKVi 83Lz4orVxiiZ8VoTD-sGLCZd06WumzxHrU-yF AZPi2iTDf5xHN3ZR6nl- NxQqCs&sig=AHIEtbQwB50GNUil09TDgDTvI vvaosetuQ htto:llwww.wbdg.org/design/historic pres.oho htto:llwww.architectureweek.com/2009/0916/culture 3-3 .html ARTS GRANTS RESOURCES htto:llwww.florida-arts.org/grants/programs!?program=scp National Endowment for the Arts htto:/Iwww.nea.gov/grants/index.html Financial Resonrces for Historic Preservation Projects htto:llwww.floridatrust.org/resources-article/16 National National Trust for Historic Preservation - Grants Small matching grants that fund professional services for preservation planning, education programs, and preservation emergencies. Applications for Florida projects are coordinated through the National Trust Southern Office (843) 722-8552. National Trust Loan Fund Revolving loan funds that provide assistance for projects that serve low and moderate income households/areas, and for a variety of preservation projects, including acquiring or rehabilitating historic buildings, sites, structures and districts. National Trust Community Investment Corporation NTCI is the National Trust's for-profit subsidiary and offers equity investment programs for real estate projects that qualify for federal and state historic rehabilitation tax credits. The program focuses on projects that stimulate the economic revitalization of the 19 - 358 - surrounding community. Federal Rehabilitation Tax Credit A tax credit available for the restoration of National Historic Landmark buildings, buildings listed on the National Register of Historic Places or as contributing buildings to a National Register Historic District, some state or locally designated contributing buildings. Buildings must be income producing and must meet the Secretary of the Interior's Standards for Rehabilitation. Advisory Council on Historic Preservation The Advisory Council1ists sources of preservation funding on their website. Save America's Treasures A Federal grant program assisting in the preservation of nationally significant historic sites and col1ections. Preserve America Federal grants assisting community efforts for the sustainable use of historic sites and that promote the economic and educational benefits of heritage tourism. State Historic Preservation Offices, Tribal Historic Preservation Offices, designated Preserve America Communities, and Certified Local Governments that have applied for Preserve America Community designation are eligible to apply. National Endowment for the Arts Grants for design (including city planning and architecture), museum education and exhibits, partnerships on artIcultural education projects, visual arts (including interior restorations), and to artIcultural agencies for various programs. National Endowment for the Humanities Grant themes often change each year, however in the past have included programs that promote history, preservation and access to historic sites and col1ections, education and public programs, and research. National Center for Preservation Technology and Training Grants NCPTT is a program of the National Park Service. Grants provide assistance for research, training, meetings, conferences, and publications in the field of preservation technology. 20 - 359 - Save our History Grants Save our History is a program coordinated by the History Channel. Grants are awarded for projects that promote partnerships with local schools to teach students about historic preservation. Department of Housing and Urban Development (HUD) HUD offers several grant and loan programs that assist in historic preservation. Programs target local governments, cultural group, private homeowners, rural comminutes, affordable housing projects, and many others. Of interest to private homeowners are the 203(k) loans and funds for "Handyman Specials and Fixer-Uppers." Gettv Trust Grants Funds are available for the conservation of museum collections, architecture, historic campus buildings, preservation education programs, and preservation training programs. Transportation Enhancements These federal funding grants help enhance transportation projects. Activities can include preserving cultural landscapes, historic preservation, acquisition of historic preservation easements, historic restoration, archaeological planning, scenic highways, Rails to Trails programs, and transportation museums. Restore America www.nationaltrust.org - www.hgtv.com Restore America is a joint partnership between the National Trust for Historic Preservation and Home and Garden Television. Each year, a small number of residential projects are funded which spur the revitalization of a community. Funds can be used for bricks and mortar costs or consultant fees. Institute of Museum and Librarv Financial assistance available for museums in the area of assessment, collections management, education and research. Tourism Cares for Tomorrow This nonprofit organization awards international grants for the preservation and conservation of exceptional cultural and historical sites. The Andrew W. Mellon Foundation Grants in five core areas: higher education, museums and art conservation, performing 21 - 360 - arts, conservation and the environment, and public affairs. 1772 Foundation Grants assist in the historic preservation of farming buildings, industrial development sites, transportation sites, and unusual historic buildings. Carls Foundation Funds assist in the preservation of open space and historic buildings significant in America's heritage. Graham Foundation Funding available for public programs that build support for architecture and the built environment. American Express Funding is available in the area of cultural heritage for public awareness programs and major heritage tourism sites. Wachovia Foundation Funding is available for community development projects, especially those which include affordable housing. Kresge Foundation Grants are available for arts and cultural projects, as well as a special fund for green buildings. Grants for Green Bnildings EP A Funding Resource List Good To Be Green Statewide Division of Historical Resources Provides grants for the identification, excavation, protection and rehabilitation (including acquisition and bricks and mortar) of historic buildings and archaeological sites. Funds are also available for history museums and Main Street programs. Division of Cultural Provides grants for cultural and arts projects. Projects include the rehabilitation of historic buildings slated for use as a cultural or arts center and education programming. 22 - 361 - Department of Community Affairs Most of the funding programs are catered towards local government for community revitalization and development. There is also information for individuals regarding disaster management and response. Local Tax Incentives and Grants Many local governments offer tax incentive programs and/or grant programs for the restoration of historic buildings. Call you local Planning Department or Historic Preservation Office for information. Resources The Foundation Center The Foundation Center is a great online tool for finding information on potential funding opportunities and general information on fundraising. The Foundation Center has several research centers around the country; however, the closest to Florida is in Atlanta, GA. For a list of places in Florida with a small collection of Foundation Center information, visit www.foundationcenter.org/collections www.grants.gov An online database of grants available through the Federal Government. Chronicle of Philanthropy Philanthropy Journal Online Other Funding Sources Often, organizations and agencies outside of historic preservation may offer financial assistance for preservation projects (i.e. affordable housing, environmental protection, small business administration, etc.). Financial Resources for Historic Preservation Projects ( GREEN) 23 - 362 - Gavlord Allan Hendricks Consultin2 122 s. E. 4th Ave. Boynton Beach, Florida 33435 cell- 561.541.3700 hendricksdesh~n @yahoo.com 24 - 363 - Boynton High School Renovation Plan Executive Summary The Proposal To create a successful renovation of this important building, located at the Ocean A venue District of Boynton Beach, we propose the following plan of action: We propose to raise funds for the renovation process thusly: New Market Tax Credits $6,000,000.00 40% forgivable loan <$2,400.000.00> 60% balance = $3,600,000.00 Major Donor Fundraising, over four years = Funding from City of Boynton Beach, over four years = In kind donations, over four years = CRA Funding, over four years = Historic Preservation Grants, over four years = Green Building Tax Credits, over four years = TOTAL $1,000,000.00 $2,000,000.00 $20,000.00 $500,000.00 $50,000.00 $30,000.00 $3,600,000.00 Building Programming We propose theses elements to be the final product; · lease space to include public / city services · office space rental, boutique retail lease space · great hall with stage · a minimum of one food and beverage outlet · New plaza spaces at exterior of building Revenue stream 10,000 square feet lease / office retail space, market rate 5,300 square feet great room and stage, sliding scale rate 2,000 square feet community arts and culture, sliding scale rate Building Project Team Boynton Beach Historical Society Fund Raising Team Task Force made up of Boynton Beach Historical Society President, City staff liaison, CRA staff liaison, Grant writing Chairman, Project manager, Fund Raising Chairman Public Education Campaign An ongoing campaign to assist in fund raising efforts, raise public awareness and build public support for the restoration / renovation efforts. Outreach should focus locally and extend out to all of Palm Beach County. Steps to Achievement We recommend the city form a 50lc4 with an independent board to trigger the mechanism that would allow us to obtain these funds and grants. The success of this renovation project wiII be greatly enhanced with the support of Boynton Beach City Government and our Community Redevelopment Agency. We ask the Boynton Beach Mayor and City Commissioners to reconsider the proposed referendum regarding the improvements to this building. - 364 - Boynton High School Renovation Plan CRA Comments - Executive Summary 1, NMTC funds come in the form of a loan to the project, The entity must be able to service the debt. Development and operating pro formas must be created to determine the feasibility of carrying $6M of debt for 7 years (the standard NMTC loan term). 2, To be eligible to receive NMTC allocation the entity must have all other project funds pledged prior to applying to the NMTC lender. 3, It is not clear what the total square footage of the rentable space is. 4, $17 psf leasing price is aggressive in today's market based upon 60,000 sf of space available for rent in CRA, 5, To secure NMTC's the entity must be able to prove they can cover the debt AND operating costs. 6, The applicant entity for the NMTC's must guaranty the loan; i.e., be financially solvent. 7, Historic tax credits can only be obtained for that portion of the building that is used for income- producing purposes, 8. Is the City willing to lease the portions of the building as proposed and at $17 pst and pay the annual operating costs? 9. If City/CRA staff are going to do all the work, fundraising, 504c etc" why aren't they the lead? 10. What has been the consistent revenue stream for Sims Center and Intracoastal Park renlal portions 10 offset costs? 11, Was a comparative market analysis study done against all of Palm Beach County; specifically, Harriet Himmel, BB Women's Club, OSS, Anne Norton Sculpture Gardens and how does the nonprofit plan to establish its portion of the market share against the current loss in rental revenues due to the economy? 12, How willlhe CRA and City staff be managed under the 501 (c)4 scenario for performance? 13, Is it realistic premise that nonprofit fundraising will result in donations being made to a government facility. 14, It is unclear what would be expected of CRA staff as far as events and grant writing are concerned, 15. Professional fund raiser and team need to be hired to accomplish this fund raising initiative. 16. Professional grant writers need 10 be hired to sort through the applications and write a grant with a chance of being funded, 17, A professional staff will need to be hired in full time positions to manage and promote, Community activists can support the staff initiatives, 18, CRA joint event? We do not charge for our events." how would that help? - 365 - City Staff Commentary on Renovation for Historic Boynton Beach High School Proposal Received on December 19, 2009 from Gaylord Allan Hendricks Consulting General Comments about Timeline for project: (Risk Management) The Timeline shows no actual major construction in the building to occur until Year Two. This would be the Roof. Year Three would be the Electric and Year Four would be the Fire System. There does not appear to be any funding shown for the ongoing maintenance of the building. The Roof is currently in need of repairs. It currently has a Blue Tarp on it. This is only a temporary measure to attempt to stabilize the building. If there is a 2-year delay in replacing the Roof, there is the possibility that the building would become further destabilized and additional damages incurred. The proposed Timeline is too long to bring this building up to current Code and Building Standards. Overall Comments: (Assistant City Manager) One main comment I have is that shouldn't the Commission consider the entirety of this area and not peace-meal the parcels, i.e. City Hall, OHS, Civic Ctr. Where does this plan fall within the Downtown Master Plan? A few comments/questions that should be considered: 1) Parking adequate for the multi-uses and city center? Large auditorium - adequate parking for shows, etc? Don't see it addressed at all. 2) Are all of these uses compatible with our zoning? 3) Has any market study been done to indicate if these uses will survive? I don't think so. I think it needs to be tied to a bigger picture of the area. 4) May sound minimal- but cafe in OHS will compete with cafe in Library 5) With all of the people identified I still have the question as to "who would be in charge" of the project? I think I see Boynton Beach Historic Society, but do they have the means to get this done? 6) How do we protect our $2M investment and know that it is spent properly? What will be our level of involvement to protect it? 7) Numerous agencies identified to go after for money.... who is going to do that and will they be effective? The amount of work involved in all of these apps and grants will be tremendous. Bottom line is if the Commission is actually going to consider investing $2M or any money at all, I believe we need to be involved in the project. We are either on board or we are not. That decision has yet to be made and needs to be before this will work. There needs to be a consensus on the basic concept of saving the building or not - Brian Edwards was correct in stating the importance of the City supporting this effort if it is going to be successful. Without our backing it won't go anywhere. For this to be really successful the City leadership will need to embrace the concept of restoration and back it - with staff time, money (although limitedly), etc. In looking at I - 366 - the questions above - it's the City and staff that would have the expertise to address the Issues. Implementation Comments: (Risk Manager) Following the presentation by the Ad Hoc Historical Committee (AHHC) and the decision by the City Commission to cancel the March 2010 referendum on the Old High School, I offer the following recommendation: 1. The AHHC be directed to establish a 501.cA non-profit organization, independent from the City, for the purpose of preserving, redeveloping and managing the Old High School. 2. The City sells the Old High School to the AHHC for $1.00. This would include the building and the land on which the building footprint sits. It would not include adjacent parking of other land. 3. The AHHC will assume responsibility for maintenance and all expenses for the Old High School building. 4. Within thirty days of the official sale of the property, the AHHC shall provide to the City's Risk Management Department, a Certificate of Insurance showing Commercial General Liability insurance, with the City named as Additional Insured; and, Commercial Property insurance on the Old High School building. The insurance coverage must meet the requirements established by the City's Risk Management Department. 5. Within thirty days of the official sale of the property, the AHHC shall obtain a Bond for the City to cover the cost of demolition and debris removal of the Old High School building. 6. Within 18 months of the official sale of the property, the AHHC shall begin fundraising, meet all CRA, planning and zoning requirements, and begin renovation or reconstruction of the Old High School building. 7. Within 30 months of the official sale of the property, the Old High School building shall meet current Code and Building Standards. 8. If the AHHC does not meet the aforementioned time requirements, the Old High School building will revert back to the City, the Bond will be called in and demolition will commence within 30 days. 9. The City will expend no money from the General or other City Funds on the 501.cA non-profit organization or the Old High School building. 10. The City may partner with the 501.cA non-profit organization in the application for Grant funding. Any grant recipient required monetary or in-kind requirements shall be the responsibility of the 50 l.cA non-profit organization, and not the City. This plan would give the Ad Hoc Historical Committee the opportunity to "Save the Old High School," by conducting their fundraising, grant seeking, reconstruction and renovation at no cost to the City. This plan would remove the Old High School from the City's responsibilities including maintenance and insurance. This would be a Win-Win situation for the City and those local residents who want to preserve this building. 2 - 367 - Staff Commentary on Eligibility of Tax Credits (Finance Director) Note: There were two basic tax credits mentioned in the proposal: 1. New Market Tax Credits (NMTC) 2. Federal Rehabilitation Tax Credit Question: A source of funding for tax credits - what organization would typically provide this type of support? Answer: New Market Tax Credit Program (NMTC): Only an incoming producing entity can draw down the NMTC credits which are competitive. The project premise is $6,000,000 ofNMTC will fund the project. However, the debt service on the $6 million must be paid for the fIrst fIve years. After that time period the 40% equity portion will kick in on the forgivable loan and remainder. Historic Preservation Tax credits (Federal Rehabilitation Tax Credit) cannot be given to nonprofIt organizations. Comments from Development Department As you know, for at least a decade, the staff of this department has expressed reservations as to the economic feasibility of renovating the Old Boynton High School. In April of 2001 the City's Building OffIcial prepared a report detailing a range of mechanical, electrical and structural defIciencies in the building. The report concluded with a recommendation that a licensed structural engineer be retained to investigate the structural integrity of the building in light of the fact that it had a major infestation of termites and had endured years of unchecked termite and water damage. Largely as a result of this report, the Board of the Community Redevelopment Agency (CRA) voted in May of 2001 to recommend the demolition of the Old high School. However, at its meeting of May 15, 2001 the City Commission voted to delay the demolition to al10w a citizens group an opportunity to independently raise funds to renovate the building. This latest proposal for the renovation of the Old Boynton Beach High School comes more than eight years after the report by the City's Building OffIcial. In that period there have been a number of other proposals for saving the building, each one failing the test of fInancial feasibility. In the meantime, although one effort was made to clean the building of bird droppings, there has never been the type of structural analysis recommended by the City's Building OffIcial. Moreover, in that eight year period the interior of the building has continued to deteriorate from exposure to the elements. In fact, even now the roof has a blue tarp on it. Nevertheless, assuming that this latest proposal for renovating the Old Boynton High School is somehow different from all of those that preceded it, the issues raised by the 3 - 368 - City's Building Official in his 2001 report are still valid. Correcting the identified deficiencies would require, among other things, the building to be complexly rewired, plumbing fixtures to be completely replaced, complete replacement of the roof, and the removal of asbestos. In addition, the overall structural integrity of the building would have to be confirmed and it would have to be brought up to code in terms of handicapped accessibility. Whether all of this can be accomplished within the estimated eight to ten million dollar budget is open to question. At present the site of the Old Boynton High school is zoned for Public Use. This category does not accommodate the type of commercial and mixed used envisioned in the proposed renovation Plan. Accordingly, a rezoning of the site to Mixed Use Low-l would be required. The proposed uses in the renovation plan would also require adjustments in the amount of parking required. For example, the 10,000 sq. ft. of RetaiVOffice would require 50 spaces; the 5,300 sq. ft. Great Room/Auditorium would require 53 spaces; and the 2,000 sq ft. for Community Arts and Culture would require 20 spaces, for a total of 123 on site parking spaces. This would effectively consume all of the existing surface parking in the entire block currently being used by the children's museum, city staff and city vehicles. Other Staff Comments (City Manager) What is the Difference Between a 501c 3 and a 501c4? Please see the attached summary description from "Board Source." Based on the description, a 501c3 may be a more appropriate organization. How does the Federal Rehabilitation Tax Credit Work? Please see the attached summary from the National Trust for Historic Preservation. This source did not address what entities or organization may be eligible for the tax credit. The source did note that in order to receive a 20% tax credit a building must be a "certified historic structure." The Old High School does not have this designation. As noted above if a 501c3 or 501c4 is created as the rehabilitation organization, the Federal Rehabilitation Tax Credit will not be applicable. How is the Harriet Himmel Theater Funded? This building was cited by the program sponsors as a successful venture and possible role model as opposed to the Delray Beach Old School Square or the Palm Beach County Courthouse, both of which have heavy subsidy levels from the City or County. Preliminary research show that the Harriet Himmel parcel, known as CityPlace 1 Church TR 1 is owned by the West Palm Beach CRA as a taxable parcel. The current taxable value is $5.3 Million and the property pays $140,172 in taxes. The PCN number is: 74- 43-43-21-13-003-030 and the address are: 530 Hibiscus St., West Palm Beach. 4 - 369 - The breakdown in the area of the building is as follows (per the PAPA data sheet): 1. Support area 2. Community Retail 3. Community Retail 2 4. Auditorium/Theater 1 5. Auditorium/Theater 2 6. Support area 2 7. Support area 3 800 sq. ft. 11,684 sq. ft 2,778 sq. ft. 10,674 sq. ft 4,734 sq. ft. 1,588 sq. ft 882 sq. ft Total Area: 33,140 sq. ft The structure was built in 1925 Staff has an inquiry in via the City of West Palm Beach to tour the facility and to obtain income and expense information on the building from the West Palm Beach CRA. We are especially interested in the current retail rental rates being obtained for this structure in a down market. We believe the $17/sq. rental income figure in the Boynton Beach Old High School proposal may be too high. Ability of the City to Fund $2.0 M Contribution These funds are presently not available in the City's operating or capital plan. In order to fund the program at the $500,000 per year over four years, as requested operational program cuts will be necessary along with deferral of non-utility capital construction. The City will have an obligation to pay the debt service or lease payments for the new Police Facility without the G.O. Bond referendum proceeds. Verification oflocal funding timing and requirements is also needed in conjunction with any New Market Tax Credit proposal. In short, the MNTC program may require City or CRA funding more up front than in the proposal. Will the City Commission Consider other Proposals? It was unclear from the motion approved on December 19th if the City Commission will be considering proposals from other organizations interested in the Old High School. City Program and Operational Space Needs A final comment is on the proposal to move functions from the Civic Center into a renovated Old High School. As a practical matter the only use that is transferrable is the incidental use of the auditorium in the Civic Center. The remaining programs, meeting and office space in the Civic Center can be transferred to other Recreation Facilities. The Civic Center building is at the end of its service life and should be demolished. The CBD plan contemplates this as did the 2005 Town Square Plan. In short, there are no significant Civic Center space needs that require use ofthe Old High School. City Staff 5 - 370 - has not done an analysis of other City functions that could be transferred into the Old High School. Keep in mind, with the move of the Police Station to Renaissance Commons, approximately 17,000 sq. feet of space becomes available in the City Hall complex as well. KB t 2-23-09 - 371 - 6 What is a 501c3 organization? http://www.boardsource.org/Knowledge,asp?ID=3,l72 . L,:,...IU 11IM' I AIIIPJf U~ I illIJIACf I HUP I YEW l'MT W'" Search I. advanced search ::O\~IJL TI~,:, E': Or.~ &.. r:'OL; '~\ORr ~I-O~~ ;;... E....E.... r~ r',lE'.l: ER~ HI~ Topic Papers and Articles E-books ..0& As Research E-newsletters Around t he Web White Papers Nonprofit Resources E-mail Signup Join our monthly e-newsletter for Up-tD- the-minute news on governance topics, new reSDurces, and events of interest to you. View a sam Die e- newsletter. 1- Add multiole e-mail addresses Q&As What is a 501(c)(3) organization? Public charities constitute the majority of 501 (c)(3) organizations, with private fDundations also falling under this categDry. TD be recognized as a public charity, your nonprofit must be organized and Dperated fDr purposes that are beneficial tD the public interest. These purposes include . relief of the poor, distressed, or underprivileged . advancem ent of religion . advancement of education and science . creation Dr maintenance of public buildings or monuments . lessening the burden Df gDvernment . elimination of prejudice and discrimination . defense of human and civil rights . combating community deterioratiDn and juvenile delinquency The organization must not operate for the benefit of a private persDn. Upon disSDlutiDn, its assets must be distributed tD anDther 501 (c)(3) charity. It is not allowed to engage in any partisan pDlitical activity. LDbbying is accepted but cannot be a substantial part of its activities. Public charities are the only tax-exempt organizations that can receive tax-deductible dDnatiDns. To learn more about the qualifications for a 501 (c)(3) organization, check the I RS Web site. References . Ober Kaler, The Nonprofit Legai Landscape (BoardSDurce 2005). . Printer friendly . E-mail a friend -~~"";'"""" no. Brow se by Topic: I SeIBel a Topic Resources >> Can conflict of interest be Hn obstacle to board service? >> BDard Mem bers and Personal ContributiDnS Products >> The New GDvernance Series >> The NDnDrDfit Board's Guide to Bvlaws Services >> EniDv the Benefits Df BoardSource Mem bershiD >> Governance Solutions for Your Board @ Copyright 2009 BoardSource EM Privacv Pnlicv I TArm~ of USA I Sil.a..M.aJl I .BS.S...Ea.e.d I PArmissinn ~:: -'r..:~;:~ ~ , ~sT:;r~-IN"J:_&--AM~~ 1828 L Street NW, Suite 900 I Washington, DC 20036 Phone: (202) 452-6262 or 877-89BOARD (877) 892-6273 I Fax (202) 452-6299 1 of 1 - 372 - =~ 12/23/20097:46 AM What is a 501c4 organization? http://www.boardsource.org/Knowledge,asp?ID=3,173 L L'_",IN 11IM I AlllPJfU5 I ClNTACf I HOP I VEWCMT W'" Ir Search advanced search ::O....-:IJL TIC,~, E': o~.~ 0. T~IOl:; ....OR~ ::. 1-0 =':; :).. E.....E.... ro: r',lE'.E ER": HI=' . . I : ~ . . - . - Resources By Type Topic Papers and Articles E-books ..0& As Research E-newsletters Around t he Web White Papers Nonprofit Resources E-mail Signup Join Dur monthly e-newsletter for up-to- the-minute news on governance topics, new reSDurces, and events of interest to you, View a sam pie e- newsletter. 1- Add multiple e-mail addresses IKnOwledge Center Q&As What is a 501(c)(4) organization? According tD the I nternal Revenue Service, tD be tax-exem pt as a 501 (c)(4) organization, a nonprofit must not be organized for profit and must be Dperated exclusively fDr the prDmotiDn of sDcial welfare. This means that the organization must operate primarily to further, in some way, the common gODd and general welfare Df the people of the com m unity (such as by bringing abDut civic betterment and social improvements). A 501 (c)(4) sDcial welfare organization may further its social welfare purposes through lobbying as its prim ary activity without jeDpardizing its exempt status. HDwever, it is nDt able tD receive tax-deductible donations. Examples of 501 (c)(4) organizations include AARP and the National Association for the Advancement of Colored People. For more informatiDn, see The Nonprofit Legal Landscape in our bDokstore. Learn more about 501 (c)(4) organizations at the IRS Web site. . Printer friendly . E-mail a friend _.~.~ <-.I Brow se by Topic: 1 Selecl a Topic Resources >> Fundraisino in the 21st Centurv >> Benefitinn from Diversitv Products >> The New GDvernance Series >> The NonDrofit Leoal LandscaDe Services >> EniDv the Benefits Df BoardSource Mem bershiD >> Governance Solutions for Your Board @ Copyright 2009 BoardSource SM Privacv Policv I Terms of Use I She Mao RSS Feed I Permission ~:: -'r..:~;:~ ~ , ~sT:;r~-IN"J:_&--AM~~ 1828 L Street NW, Suite 900 I Washington, DC 20036 Phone: (202) 452-6262 or 877-89BOARD (877) 892-6273 I Fax (202) 452-6299 1 of 1 - 373 - =~ 12/23/20097:45 AM Federal Rehabilitation Tax Credit NATIONAL TRUST FOR HIIRl_ ..--...... Federal Rehabilitation Tax Credit The federal rehabilitation tax credit encourages the preservation and reuse of the nation's built environment by offering federal tax credits to the owners of historic properties. Since it was enacted in 1976, the tax credit has generated over $50 billion in renovation and revitalization dollars. As a disincentive to demolition, it allows the owner of a historic building to receive an income tax credit of 20% of the amount spent to rehabilitate a certified historic structure. There is also a 10% credit for older, nOll-historic buildings. With a five-to-one ratio of private investment to federal tax credits, the program has developed more than 35,600 projects nationwide. In 2008 alone the credit produced $5.64 billion in private investment and created over 67,000 new jobs - about 55 new jobs per project. Important Update http:// www . preservationnation.org/i ss ues/rehabilitation- tax-credits/federal! The Federal Rehabilitation Tax credit was instrumental in transforming Knoxville's Tennessee Theatre into a state- of-the-art performing arts facility. Learn more and see a photo slideshow - including before and after shots - of this amazi ng success story_ Credit: Ne/s Aker/unci While the credit has rehabilitated over 217 million square feet of commercial and residential space over the past ten years, it could do more. Over 1.3 million historic buildings are listed in or contribute to historic districts in the National Register of Historic Places, with thousands of contributing resources added each year. The National Park Service estimates that 20% of these buildings would qualify for the historic tax credit. On October 1, 2009, Senators Blanche Lincoln (D-AR) and Olympia Snowe (R-ME), along with Representatives Allyson Schwartz (D-PA) and Pat Tiberi (R-OH), reintroduced the Community Restoration and Revitalization Act (H.R. 1043 and S 584 in the last Congress), a bill that would make beneficial challJes to the federal rehabilitation tax credit and provide a greater incentive for the reuse of older and historic buildings. It would also encourage building owners to achieve substantial energy savings in building rehabilitations with graduated increases in the historic tax credit based on the level of efficiercy achieved. One of the key provisions of the reintroduced bill places greater emphasis on achievillJ energy savings in buildillJ rehabilitations through greater use of energy-efficient materials, systems, and appliances. In addition, the measure as a whole would increase the tax credit's value as an incentive, and reusing older and historic buildings is inherently sustainable. Background Information To qualify for the 20% rehabilitation credits, a building must be a "certified historic structure." A certified historic structures is one that is listed individually in the National Register of Historic Places or located in a registered historic lof2 - 374 - 12/23/20097:41 AM Federal Rehabilitation Tax Credit http:// www . preservationnation.org/i ss ues/rehabilitation- tax-credits/federal! district am certified by the Secretary of the Interior as being of historical significance to the district. In addition, the rehabilitation work must qualify as .certified rehabilitation," A certified rehabilitation is one that is approved by the Secretary of the Interior as consistent with the historic character of the bLilding and, where applicable, with the district in wtich the bLilding is located. All elements of the project must meet certain standards to ensure that the historic character of the building is preserved in the process of the rehabilitation. Those standards, the Secretarv of the Interior's Standards for Rehabilitation, were created to help preserve the distinct character of historic buildings and their sites, while allowing for reasonable changes to meet new needs. Nickname Comment Enter this \M:lrd: ~ I - 1785 Massachusetts Ave. NW, Washington, DC 20036-2117 tel: 202.588.6000 800.944.6847 fax: 202.588.6038 @2009 NatiDnal Trust for Historic PreservatiDn. All rights reserved. Protecting the Irreplaceable lIiiiiiiiII nonprofit software 20f2 12/23/20097:41 AM - 375 - Frequently Asked Questions About New Markets http://www.impactseven.org/NMTC_FAQ.htm . . . . Information for Investors Information for Business Owners About NMTC Frequently Asked Questions Frequently Asked Questions About New Markets The New Markets Tax Credits (NMTC) program has created a buzz in the community economic development field and in the investor arena throughout the country. Investors, financiers, community leaders, and business owners are all interested in how the program works and how it might benefit them. This list of questions is Impact Seven's attempt to answer the questions we have received to date. We will continue to add new FAQs as they arise. If you have any further questions, please do not hesitate to contact Impact Seven Business Developer Angela Kazmierski at (715) 357-3334 W hat is the NMTC? How does the NMTC Program work? W hat is a CDE? H ow do I fin d ou t w hat cen sus tra cts in my a rea qua lify ? Who benefits from the New Markets Tax Credits? Since Impact Seven is a Nonprofit Organization. w hat role w ill it play in the NMTC program? W hat kinds of develovm ent activity does Impact Seven in tend to pursue with funds secured through NMTCinvestments? Can the NMTC be used for housing? W hat b usin esses qua lify as Active Low -in com e Com m unity Busin esses for th e purposes ofNMTC? Who can invest in a CDE? W hat trig gers poten tial recapture ofth e credit? What is the time limit for making NMTCinvestments? Who will ensure compliance with NMTCregulations? W hat is the NMTC? Part of the Community Renewal Tax Relief Act of2000, the New Markets Tax Credit Program will spur approximately $15 billion in investments into privately managed investment institutions. In lof5 12/23/20099:31 AM - 376 - Frequently Asked Questions About New Markets http://www.impactseven.org/NMTC_FAQ.htm turn, these privately managed investment institutions, or Community Development Entities (CDEs), will make loans and capital investments in businesses in under served areas. By making an investment in a CDE, an individual or corporate investor can receive a tax credit worth 39 percent (30 percent net present value) ofthe initial investment, distributed over 7 years, along with any anticipated return on their investment in the CDE. How doestheNMTCProgram work? The NMTC Program permits taxpayers to claim a credit against Federal income taxes for Qualified Equity Investments (QEIs) made to acquire stock or a capital interest in designated Community Development Entities (CDEs). These designated CDEs must use substantially all (defined as 85 percent) of these proceeds to make Qualified Low-Income Community Investments (QLICls). The investor, or a subsequent purchaser, is provided with a tax credit claimed over seven years. The investor receives a tax credit equal to five percent of the total amount paid for the capital interest or stock purchase over the first 3 years. For the final four years, the value of the tax credit is six percent annually. The Community Development Financial Institutions Fund (CDFI Fund) certifies CDEs on an ongoing basis, and allocates NMTC Allocations annually to select CDEs through a competitive application process. Impact Seven is a qualified CDE, and is currently awaiting decision on its pending NMTC Allocation application, which will be facilitated through for-profit subsidiary CDEs created by Impact Seven specifically for its NMTC program. W hat is a CDE? The CDFI Fund has the following requirements for qualification as a CDE. A CDE is any duly organized entity treated as a domestic corporation or partnership for federal income tax purposes that: (a) has a primary mission of serving, or providing investment capital for, low-income communities or low-income persons; (b) maintains accountability to residents of low-income communities through their representation on any governing board ofthe entity or any advisory board to the entity; and (c) has been certified as a CDE by the CDFI Fund ofthe US Department of Treasury. A community development financial institution serving low-income areas of Wisconsin and the upper Midwest since 1970, Impact Seven has received CDE status from CDFI. How dol fi n d 0 u t w hat c ens us t r act sin m y are a qua 1 ify ? Investors or business owners interested in determining what census tracts qualify as Low-Income Communities should use the Community Development Financial Institutions Fund online New Markets Tax Credit Help Desk. A link is provided here. Who benefitsfrom the New Markets Tax Credits? Businesses, investors, and communities will benefit from the NMTC. The NMTC program was designed to make investment capital available to businesses in qualifying low-income communities, to create jobs and spur additional economic development. The Federal Government created the 39 percent in NMTC as an inducement to private investors to open the flow investment capital into these communities. These tax credits, when considered along with the potential return on their investment in the CDE, create a substantial financial benefit for the investors as well. As 1m pact Seven is a Non -Profit Organ iza tion, how w ill it fit in to th eN ew Markets 20f5 12/23/20099:31 AM - 377 - Frequently Asked Questions About New Markets http://www.impactseven.org/NMTC_FAQ.htm Tax Credit Application? Because NMTCs can only be offered to investors that purchase stock or capital in a CDE, only for-profit CDEs may facilitate NMTC transactions. However, a non-profit entity may apply for a NMTC allocation with the intention oftransferring the allocation to one or more for-profit subsidiary CDEs, which is what Impact Seven has done. Impact Seven has already created one for-profit subsidiary known as the Wisconsin Impact Fund, which will be a general CDE making multiple NMTC transactions. Impact Seven anticipates, however, that it will creat a number of single-purpose CDEs set up solely for specific projects. W hat kinds of developm ent activity may Impact Seven pursue with funds secured th rough NMTC in vestm ents? Impact Seven may finance or provide assistance to a wide range of private business enterprises in Qualifying Low-Income Communities with funds secured through NMTC investments. Examples of qualifying activities include: loans, equity or capital in vestments; purchase of certain loans made by other CDEs; financial counseling and related services to businesses. The focus ofImpact Seven's NMTC program is the financing of manufacturing facility expansions and start-ups and real estate development and redevelopment projects, while it will consider sound projects of all types in a variety of economic sectors. NMTC may be used to finance community development projects such as community facilities. However, funds derived from NMTCs cannot be utilized in projects which are already subsidized by other federal tax subsidies, with certain exceptions. In the case of mixed use developments, subsidization may be split between uses, allowing NMTC financing for parts of the project. Can the NMTC be used for housing? As in the above question, the law requires that the NMTC be used to make loans or investments, or to provide counseling for businesses, not to develop affordable housing. In certain circumstances, NMTC may be used to finance mixed-use projects, where less than 80 % of the gross rental income comes from dwelling units. In cases such as this, the Low-Income Housing Tax Credits and New Markets Tax Credits may NOT be used to subsidize the same square foot. NMTC funds MAYbe used to finance businesses that purchase, rehab and sell single family homes by investing in businesses that are involved in affordable housing. What busin esses qualify as Active Low -in com e Com m un ity Busin esses for purposes of the New Markets Tax Credits? Businesses eligible to receive NMTC financing are corporations, partnerships, sole-proprietorships and non-profits that are active and located in a low-income community, as defined by the NMTC regulations. In general, a Low-Income Community is defined as a Census tract with a poverty rate of at least 20 %, or with median income of up to 80 % ofthe area or statewide median, whichever is greater. For a non-metropolitan census tract, 80 % ofthe statewide median is acceptable. Furthermore, a Qualified Active Low-Income Community Business must derive at least half its gross income from business in the eligible area and must have a "substantial portion" (40%) of its tangible property located in a low-income community. Finally, the business must perform a substantial portion (40 %) of its services in any low-income community. Banks, Credit Unions and 30f5 12/23/20099:31 AM - 378 - Frequently Asked Questions About New Markets http://www.impactseven.org/NMTC_FAQ.htm other financial institutions are excluded from the definition of Qualified Active Low-Income Community Business. Who can invest in a CDE? Anyone with a U.S. income tax obligation - including an individual, a company, or an investment fund - can invest in a CDE to receive the NMTC. Investors of all types may be interested in NMTC, including banks and thrifts, insurance companies, investment banks, venture capital and other investment funds, insurance companies, individuals, corporations, and others. It is understood that investors in a CDE will expect a return from the credit above and beyond the federal tax subsidy. Therefore, Impact Seven will only make investments in strong Qualifying Active Low-Income Community Businesses that meet its stringent underwriting standards. W hat triggers poten tial recapture ofth e credit? According to the IRS temporary regulations, there is a recapture event with respect to an equity investment in a CDE if (i) the entity ceases to be a CDE; (ii) the proceeds of the investment cease to be used in a manner that satisfies the substantially-all requirement outlined above; or (iii) the investment is redeemed by the CDE. Bankruptcy of a CDE is not a recapture event. In this event, the IRS will recapture all credits allowed to the taxpayer who purchased the equity investment from the CDE at its original issue and to all subsequent holders of that investment. Those taxpayers will also owe non-deductible interest on the amounts so recaptured. A CDE may apply for a waiver or extension on recapture, and such a waiver or extension may be granted in specific circumstances. If such a waiver or extension is granted, then the CDE may be required to adjust its policies in order to rectify the situation in the future. What is the time limitfor making NMTCinvestments? CDEs successful in receiving an allocation ofNMTC will have a maximum of five years to place credits with investors and secure cash for equity in the CDE. The CDE must utilize the cash received in exchange for tax credits within 12 months of receipt. If the cash is not invested in a qualified low-income community investment within 12 months of receipt, the CDE is considered to be in default. Who will ensure compliance with NMTCregulations? Impact Seven has over 32 years of successful compliance with Federal government funding programs. To augment its ability to assure that its NMTC is in full compliance, Impact Seven has partnered with Virchow Krause & Company, an outstanding full-service CPA firm, which has designed a customized compliance system for Impact Seven's NMTC program. Impact Seven's partner law firm Foley & Lardner will assist with deal structuring and program compliance as well. . Retli," to the NMTC Main Page 40f5 12/23/20099:31 AM - 379 - Frequently Asked Questions About New Markets http://www.impactseven.org/NMTC_FAQ.htm !fj:; E-mail Us.. 50f5 12/23/20099:31 AM - 380 - CDFI Fund - U.S, Treasury - New Markets Tax Credit Program WHO WE ARE IMPACT WE MAKE 1,1 EWS & EVENTS HOW TO APPLY I ~u...~ I .8I1aSCR11i11i JQ lHS__ myCDFI Fund log on E-mail: Passw 0 rd: I - Foraol Dassword? New user? · ~ ..,~~ ~...r..."<<1 4/)."'.-' . .l'f!.( -:' ~"IIIl...L'::~'.... .-l.....~~I......:.:: "'II I,..i-:'y!!!,:..;:;" . ~~r"-.,.,',",., . ~ii.'&!r~~ ~,; Accessina the Mappina System lof4 http://www ,cdfifund,gov/whaC we_do/programs_id,asp?programID=5 . l I I - New Markets Tax Cred it Prog ram Announcem ents . COFI Fund Releases Public Com m ents Subm illed For the New Markets Tax Credit Proaram Allocation ADDlication . Treasurv Awards $5 Billion to EncouraQe Private Sector I nvestm ents in Local Communities . Treasurv Secretary Geithner to Announce $5 Billion in New Markets Tax Credit Awards Friday. October 30th . ReQuest for Public Com ment: Certification of Material Events Form . ReQuest for Public Com ment: New Markets Tax Credit Proaram Allocation Application . Testimony of CDFI Fund Director Donna J. Gambrell before the Com m iltee on Wavs and Means and the Rnancial Services Com m illee on a recent GAO Report regarding the New Markets Tax Credit Program . Governm ent Accountability Office (GAO) Releases Report on NMTC Program . Leiter from CDFI Fund Director Gam brellto GAO (April 23, 2009) . GAO Report on NMTC Proaram (April 30, 2009) . 249 Applications Received ReauestinQ $22.5 Billion under 2009 New Markets Tax Credit Proaram . Treasury's New Markets Tax Credit Program Nam ed One of Top 50 in the Innovations in American Government Awards Competition . COR Fund Press Release . Harvard Kennedy School Press Release Overview The New Markets Tax Credit (NMTC) Program permits taxpayers to receive a credit against Federal income taxes for making qualified equity investments in designated Com m unity Oevelopm ent Entities (COEs). Substantially all of the qualified equity investment must in turn be used by the COE to provide investments in low-income communities. The credit provided to the investor totals 39 percent of the cost of the investment and is claimed over a seven-year credit allowance period. I n each of the first three years, the investor receives a credit equal to five percent of the total amount paid for the stock or capital interest at the time of purchase. For the final four years, the value of the credit is six percent annually. Investors may not redeem their investments in COEs prior to the conclusion of the seven-year period. Throughout the life of the NMTC Program, the Fund is authorized to allocate to CDEs the authority to issue to their investors up to the aggregate amount of 12/23/20099:36 AM -381- CDFI Fund - U.S, Treasury - New Markets Tax Credit Program http://www ,cdfifund,gov/whaC we_do/programs_id,asp?programID=5 $23 billion in equity as to which NMTCs can be claimed, including $1 billion of special allocation authority to be used for the recovery and redevelopment of the Gulf Opportunity Zone, To date, the Fund has made 396 awards totaling $21 billion in allocation authority. Eligibility An organization wishing to receive awards under the NMTC Program must be certified as a CDE by the Fund. To qualify as a CDE, an organization must: . be a domestic corporation or partnership at the time of the certification application; . demonstrate a primary a mission of serving, or providing investment capital for, low-income communities or low-income persons; and . maintain accountability to residents of low-income com m unities through representation on a governing board of or advisory board to the entity. CDE Application and Resources . CDE Certification - Aoolication . CDE Certification - Frequently Asked Ouestions . CDE Certification - Certification Guidance . CDE Certification - Glossarv of Terms An organization that is currently certified as a CDFI by the CDFI Fund or designated as a Specialized Small Business Investment Company by the Small Business Administration automatically qualifies as a CDE and may register to becom e a CDE via the online registration link located below on this webpage. For more detailed information, please refer to the CDE Certification page of this website. 2009 Round Deadlines . Release of NOAA and application materials: January 22, 2009 . CDE Certification Applications must be postm arked on or before: March 3, 2009 . Online Subm ission of Allocation Application: April 8, 2009 . Date by which prior-year allocatees must issue the requisite percentage of QEI s: June 17, 2009 Application Materials . 2009 NMTC Proaram - Aoolication Workshoo Materials (.oot) . 2009 NOAA (.odt) . 2009 NOAA Amendment (.pdt) . 2009 NMTC Proaram - Aoolication (.odt) . 2009 NMTC Online Application Instructions (.pdt) . 2009 NMTC Program - Application Q&A (.pdt) . 2009 NMTC Proaram Application Webcast Supplemental Resources 20f4 12/23/20099:36 AM - 382 - CDFI Fund - U.S, Treasury - New Markets Tax Credit Program http://www ,cdfifund,gov/whaC we_do/programs_id,asp?programID=5 IR ies ying Census Tracts in Non-Metropolitan Counties Inform ation on Qualifvino Census Tracts in Non-Metropolitan Counties (.pdf) List of Qualifvina Census Tracts in Non-Metropolitan Counties (.xls) Qualif in Counties and Eli ible Low-Income Communities in the Ta Pa ram - Announcem ent Press Release ram - Overview of Allocations ram - List of Allocations ram - States Served NMTC Pro ram - Profiles of Allocatees . 2009 NMTC Program - Award Book. I ncludes All Materials I ProQram Materials Archive Browser Plug-I ns 30f4 12/23/20099:36 AM - 383 - CDFI Fund - U.S, Treasury - New Markets Tax Credit Program http://www ,cdfifund,gov/whaC we_do/programs_id,asp?programID=5 Certain areas of our site may require the use of browser plug-ins. The following are links to some of those resources. These links do not constitute an endorsement or recommendation. To view or print the PDF content on this page, download the free Adobe@ Acrobat@ Reader@. To view or print the Microsoft Excel content on this page, download the free Microsoft Excel Viewer. To view or print the Microsoft Word content on this page, download the free Microsoft Word Viewer. To view or print the Microsoft Powerpoint content on this page, download the free Microsoft Powerooint Viewer. Last updated/reviewed: 12/3/2009 Contact Us I Site I ndex I Search I Return to Main Pace Copvriqht Status !..!.S.8.Jl.QJl1 Grants.oov I Reolllations.oov I Privacv & Securitv I No Fear Act FOIA I Websile Policies & Maior Links I Download Adobe Acrobat PDF Reader 40f4 12/23/20099:36 AM - 384 - 9. G CITY MANAGER'S REPORT January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 D ANNOUNCEM ENTS/PRESENT A TIONS ~ CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: Reject the nine (9) highest bids the City received in response to the Invitation to Bidders. PROPOSED RESOLUTION NO. R10-009 - Award a contract for Bid #005-2821-1 OIJA "Regional Force Main Projecf' to Danella Utility Construction, Inc. of Pompano Beach, Florida with a Bid price of $4,209,900, and to also approve an owner's contingency of 10% in the amount of $420,990 for a total funding authorization of $4,630,890, EXPLANATION OF REQUEST: The project's scope consists of the construction of 19,850 LF of 24- inch wastewater force main from Ocean Avenue to the South Central Regional Wastewater Treatment Plant and 2,406 LF of 16-inch wastewater force main with 823 LF of 18-inch high density polyethylene pipe directional drill on SEISW 6TH Avenue for the future Pence Park Lift Station project. Included in the 24-inch force main pipe segments, there will be two aerial crossings over Lake Worth Drainage District (LWDD) canals and two (2) wet taps to existing force mains including the 24-inch by 36-inch wet-tap at the South Central Regional Wastewater Treatment Plant. This project also consists of testing the integrity of and cutting-in three (3) 36-inch and one (1) 20- inch gate valves into the existing 36-inch and 20-inch ductile iron pipe force mains on Congress Avenue and Ocean Drive at Congress Avenue. The purpose of the project is to improve the wastewater collection system in the downtown area by providing and additional access point into the Regional Wastewater Treatment Plant. - 385 - How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Twelve (12) bids were received and opened by Procurement Services on November 3, 2009. Copies of the bid proposals were submitted to the Utilities Department and the Engineer Of Record, Wantman Group, Inc. (WGI) for review and evaluation. After having performed an initial adm inistrative evaluation of the 12 bids received, the Utilities Department is recommending, in accordance with the Instruction to Bidders, Section 25 RIGHTS OF THE CITY, subsection 25.3 that the City Commission reject nine (9) of the bids based on price. The nine (9) bids were received from the following bidders (listed in ascending base bid value order): Bidders Bid Value $4,350,000.00 $4,751,344.50 $4,764,155.00 $4,810,851.40 $5,105,900.00 $5,129,428.00 $5,797,290.00 $5,812,280.00 $6,646,230.00 Johnson-Davis Felix Associates Centerline Utilities Ocean Bay Construction Lanzo Construction Man Con, Inc. A&L Underground Foster Marine Gianetti Contracting A documented Bid Evaluation - Due Diligence review, based on the Selection Criteria identified in the Instruction to Bidders, Section 26 SELECTION CRITERIA, subsections 26.1.1 through 26.1.10 was initially performed by WGI on the three (3) remaining bidders as follows: Bidders Danella Utilities Construction, Inc. GlobeTec Construction, LLC Palm Beach Grading, Inc. Bid Value $4,209,900.00 $4,290,670.00 $4,338,460.00 The Engineer's Cost Opinion for this project is $5,787,940.68. The value of the bids received for this project ranged from $4,209,900.00 to $6,646,230.00 and the average bid value is $5,000,542.40. With a bid value of $4,209,900.00, the Danella bid is $1,578,040.68 below the Engineer's Cost Opinion and $790,642.40 below the average bid value for this project. We are still seeing bid pricing coming in below estimates. This is not expected to continue through 2010. In addition to having reviewed and evaluated the bid packages of the three lowest bidders, the City has received the WGI Bid Evaluation - Due Diligence review documentation and recommendation of award. - 386 - After a review of the bid packages from the three lowest bidders and an evaluation of the WGI recommendation of award package, the Utilities Department concurs with the WGI recommendation to award this contract to Danella Utility Construction, Inc. as the lowest, most responsive, responsible bidder who meets all contract document requirements and whose bid represents the most advantageous bid to the City, price and other factors considered. FISCAL IMPACT: Funds are available as follows: Account Number 406-5000-590-96-03 Project Number SWR114 Allocation 100% ALTERNATIVES: This project has been and continues to be a cornerstone for the City's CIP infrastructure improvements and the only alternative to approving this motion would be to leave the sanitary system collections and pumping to remain unchanged and therefore limit the current and future development in the Central Business District, CRA and Waterfront sections of the City. - 387 - RESOLUTION NO. RIO- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REJECTING THE NINE HIGHEST BIDS; AWARDING A CONTRACT FOR BID #005-2821-10/JA TO DANELLA UTILITY CONSTRUCTION, INC., OF POMPANO BEACH FOR REGIONAL FORCE MAIN PROJECT FOR A BID PRICE OF $4,209,900.00 PLUS OWNER'S CONTINGENCY OF 10% IN THE AMOUNT OF $420,990.00 FOR A TOTAL FUNDING AUTHORIZATION OF $4,630,890.00; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 3, 2009, twelve (12) bids were received by the City in response to Bid #005-2821-10/JA which were reviewed and evaluated by the Utilities Department and the Engineer of Record, Wantman Group, Inc.; and WHEREAS, after performing an initial administrative evaluation of the twelve bids received, the Utilities Department is recommending that the City Commission reject nine (9) of the bids based on price; and WHEREAS, City staff concurs with the recommendations of Wantman Group, Inc., to award the bid to Danella Utility Construction, Inc., as the overall lowest, most responsive, and responsible bidder who met all specifications and whose bid is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby rejects nine (9) of the bids received in response to the City's Invitation to Bid for #005-2821-10/JA. Section 3. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of a Contract for Bid #005-2821-10/JA to Danella Utility Construction, Inc., for the Regional Force Main Proj ect. Section 4. The City Manager is authorized to execute a contract in the amount of $4,209,900.00 plus a 10% contingency of $420,990.00 for a total appropriation of $4,630,890.00, a - 388 - copy of which is attached hereto as Exhibit "A". Section 5. That this Resolution shall become effective immediately. PASSED AND ADOPTED this day of January, 2010. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) - 389 - BID TITLE: REGIONAL FORCE MAIN BID NUMBER: 005-2821-10/JA PROJECT NUMBER: SWR 114 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 5th day of January, 2009, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and DANELLA UTILITY CONSTRUCTION INe. a Florida Corporation Cx.-:l a Florida General Partnership ~ a Florida Limited Partnership ~ a Sole Proprietor <-) Check One hereinafter called "CONTRACTOR". WITNESSETH WHEREAS, The City has heretofore invited bids for a City construction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: REGIONAL FORCE MAIN WHEREAS, Contractor, in compliance with the bidding requirements annoWlced by the City, submitted a bid on the 3rd day of November. 2009, for the total bid amount of $4.209.900.00; and, WHEREAS, On the 5th day of Januan'. 2010, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement; and, WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial Completion without interruption within 540 calendar days as specified in the Notice to Proceed, subject to CITY approved time extensions. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: c -] Utilities Department Revised 07-11-0& - 390 - 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.104. Contractor is an independent contractor as that term is set forth in the General Conditions for Construction GC-2, INDEPENDENT CONTRACTOR. 1.1.5. Unless otherwise provided, all time frames referenced in all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The "Contract Documents" are the compilation of the following individual documents which are hereby not listed in any order of precedence. 2.2.1. Advertisement for Bids 2.2.2. Instructions for Bidders 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2.5. General Conditions for Construction (GC) - all references to "GC" shall be to section numbers 2.2.6 Special Conditions for City Furnished Materials 2.2.7 Terms and Conditions for City Furnished Materials 2.2.8 Construction Contract 2.2.9 Certificate of Insurance 2.2.10 Public Construction Bond 2.2.11 Technical Specifications 2.2.12 Contract Drawings and Plans 2.2.13 Addenda 2.2.14 Written directives or interpretations C -2 Utilities Department Revised 07-11-08 - 391 - 2.2.15 Manufacturers warranties 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract and all of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained, 3.1.2.1. Comply \\ith provisions in Special Conditions and Terms and Conditions for City Furnished Materials. 3,1.3. Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4, CONTRACTOR shall furnish each subcontractor or material supplier with a copy of his Public Construction Bond within five (5) days of subcontractors' work or material supplying and shall maintain records to establish that notice. A copy of said notice shall be provided to the City's Project Manager at time of issuance. 3,1.5. Guarantee all work and materials for a period of one (1) year, as set forth in the General Conditions for Construction GC-24, WARRANTY. Warranty period shall commence with date of final acceptance as set forth in the Technical Specifications for Construction 01700, EXECUTION REQUIREMENTS. 3.1.6. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. 3.1.7. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. 3.1.8. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable C -3 Utilities Department Revised 07-11-08 - 392 - condition. 3.1.9. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.1 O. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. 3.1.11. Perform such other tasks as set forth in the Contract Documents. 3.1.12. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) of the Award of the Project. 3.2. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause resulting from their acts or omissions, or the acts or omissions of their subcontractors or suppliers. 4. CITY'S OBLIGA nONS 4.1. City shall provide a written Notice to Proceed at the time of the scheduled Prc- Construction Meeting. 4.2. Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract within (10) calendar days of the Commencement Date specified in the written "Notice to Proceed," and to achieve Substantial Completion without interruption within 540 calendar days thereafter. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of achieving certification of Substantial Completion. C-4 Uti Iities Depanment Revised 07-11.08 - 393 - 5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR's bid proposal, and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or as unfit. 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR further agrees to pay $2.000.00 per day as liquidated damages, for failure to begin within ten (10) days of CITY's issuance of the "Notice to Proceed" or failure to achieve Substantial Completion within 540 calendar days from the Commencement Date as indicated in the written "Notice to Proceed". The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 6.2. Punch list items recorded as a result of inspections for Substantial Completion are to be corrected by the CONTRACTOR within thirty (30) calendar days and prior to any request for Final Inspection, Testing and Acceptance as stated in the General Conditions for Construction (GC-50), If the Substantial Completion punch list items have not been corrected by the CONTRACTOR within the thirty (30) calendar day period, at the discretion of the Project Manager, Liquidated Damages may be applied as described in Section 6 above. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the Technical Specifications for Construction, 01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT PROJECTS. 8. INDEMNIFICATION 8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of C -5 Ulilities Department Revised 07-11-08 - 394 - the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph, The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. 8.3. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the General Conditions for Construction. However, the indemnification provision, and the insurance provision contained in the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents. 10. CHANGES IN THE WORK 10.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. At the City's discretion, the City may make direct purchases of any materials and equipment purchased for, or to be incorporated into the Project, as detennined by the City. CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND UNDERSTANDS TIlE ABOVE PROVISION, INITIALS All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction GC-46, FIELD CHANGE C-6 Utilities Department Revised 07-11-08 - 395 - DIRECTIVES/CHANGE ORDERS. No Field Change Directive or Change Order shall be authorized by the Project Manager if the Contractor has added language to the Field Change Directive or Change Order or to any cover letter, e-mail, facsimile, or other written document which accompanies the Field Change Directive or Change Order in which the contractor attempts to reserve any future right or claim arising out of the work which is the subject of the Field Change Directive or Change Order. If the Contractor adds such language, the Project Manager shall secure specific written authorization from the City Manager's office before executing the Field Change Directive or Change Order. 10.2 Change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ENGINEER The Project Engineer ("Engineer") is: David Brobst. P.E.. Wantman Group. Inc.. 2035 Vista Parkwav. Suite 100. West Palm Beach. FL 33411. 561-472-8123 11.1. The Project Engineer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.2. As the Project Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its perfonnance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 11.3. In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager who shall make the final decision, C -7 Utilities Depanment Revised 07-11-08 - 396 - 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction GC-27, INSURANCE. 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the Project Manager. In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction, technical specifications, and finally by the balance of the Contract Document. 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. 15. REMEDY FOR DELAY 15.1. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH lHIS LIMITATION. CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND UNDERST ANDS THE ABOVE PROVISION. INITIALS C -8 Ulilities Department Revised 07-11.08 - 397 - 15.3. Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction GC-23, EXTENSION OF TIMEINO DAMAGES FOR DELAY. 15.5. For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction GC-18, DISPUTES. 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. C -9 Utilities Department Revised 07-11-08 - 398 - IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed in the presence of: CITY OF BOYNTON BEACH, FLORIDA City Manager Attest: Approved as to Form: City Clerk City Attorney Signed, sealed and witnessed in the presence of: DANELLA UTILITY CONSTRUCTION, INC. President or Vice President Attest as to CONTRACTOR State of Florida ) ) ss: County of Palm Beach ) On this _ day of .20_, personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. Notary Public My Commission Expires: C -10 UtiHlies Department Revised 07.1l"{)8 - 399 - lIi ~~~~~:.~I~:S~~~~!~~;ng November 30, 2009 Mr. Paul Fleming, PMP City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, FL 33435 ~ lr" {~" ,,, '~\J'r D -~, , · i'-' . .,,<t:.~u.lr-;:i ~ DEe 1 2UD9 -', ". ...,.. ','I'" i'll 1]"1'11 \'"I't:(' bCNr'miN 0t:f\\"',~1 \ !I. Ii_J RE: Recommendation of Award Regional Force Main WGI No. 40710667.01 Dear Mr. Fleming: I evaluated the bid packages and several references for the three lowest bidders: Danella Utility Construction, Inc., GlobeTec Construction, LtC and Palm Beach Grading, Inc. Enclosed are the Bid Evaluation - Due Diligence forms completed for each of these bidders. Based on my evaluation, I recommend the project be awarded to Danella Utility Construction, Inc. Please call me if you have any questions or require additional information. Sincerely, WANTMAN GROUP, INC. J!2M/)'~j- David K. Brobst, PE Senior Vice President Enc. Cc. 40710667.01/C.1 N: \ M7 Boynton Be.ch l' orceMain \ C CORRESPONDENCE \ CJ - Ci ty of Boynton Beach \ 45 RFM Recommendalion letter.doc 2035 Vista Parkway -> Suite 100 (0 West Palm Baach, Ronda 33411 561.687.2220.) Fax: 561.687.1110 (0 www.wantmangroup.com (0 wgi@wantmangroup.com - 400 - .~ Utilities Department Engineering Division Bid Evaluation - Due Diligence Project Name: Regional Force Main Project Manager: Paul Fleming, PMP I Consultant: I Wantman Group, Inc. Contractor: Danella Utility Construction, Inc. . .... .....'. "'.;'(;~seeorIQN;l:':;SELECTI0N:'eR.ITERIA'.r\./"'!':", Ci As required in the Instruction To Bidders, Section 26 SELECTION CRITERIA, bids are to be evaluated based on the followina criteria (use continuation sheet if necessary): . No;: .,' :.$il.'c~i.i)n.Iq'F.imrl~Wfll6~i:g;c'a'mmiir.:ti!;:)::{:1!0~;\~~~~'~'iis}:""'; . ';;':"!"'i' "'i,l"'.;<:ii:';:;;lt,~~ili~)~~i:I'rL:i 26.1.1 Experience of the firm with similar projects. Danella has experience with large scale water and sewer infrastructure projects; most of which include small to mid-size diameter pipe and a smaller portion of large diameter pipe. Projects include: $9.3M for City of Orlando including 54" WM along SR 50 (reference did not return calls) $12.1 M for City of Ft Lauderdale including 12" & 15" gravity sewer $8.1 M for Citrus County including 8 lift stations and deep sewer in tidal areas $6.4M for City of Ft Lauderdale including 24" DIP WM $1.1 M for Seacoast Utilitv Authoritv includina 24" directional drill with restoration 26.1.2 Background and experience of the principal members of the personnel, Including officers. Principal personnel have a substantial amount of experience with the majority of it in the past in communication infrastructure and water/sewer treatment plants and more recently in water/sewer transmission/collection infrastructure. Operations Manager - 20 years experience (18 years primarily in water and wastewater treatment plants); 2 years at Danella as Op. Mgr.; Project Manager - 32 years experience (24 years in communication; 8 years in waterlwastewater); 8 years at Danella as PM primarily in waterlwastewater Project Engineer-20 years experience (13 years in communication; 7 years in water/wastewater); 7 vears at Danella as PM 26.1.3 Bonding capacity. Compare current project values against stated bonding capacity. $70M capacity, $50M available, $900k current project values for Danella Utility Construction, Inc. Capacity is sufficient. The total capacity of $70M covers the entire Danella Companies. 26.1.4 Evidence of possession of required licenses or business permits. Certified Business Organization from FDBPR John Bass, Certified General Contractor Incorporated January 31. 2008 26.1.5 Experience in performance. Danella stated they have no default contracts. References confirm Danella performed in challenging situations, is a good company. has been around a while (years) and are satisfactory overall. Some references describe some disagreements and tough times, as with anv proiect, but would still award contracts for oublic bids. 26.1.6 Contracts on hand. 4 projects totaling $900k all expected to be complete by November 2009. The Regional Force Main project workload aooears to be within the caDacitv of Danella. 26.1.7 Largest completed projects. 0212009 Page 1 of 9 - 401 - .r; ..... , · \l!...((... .... ...... ..... I ...... 't . Utilities Department Engineering Division Bid Evaluation - Due Dili ence The largest completed projects are similar in scope and magnitude but emphasis was not made on large diameter pipe. The most representative project is the 24" DIP WM for Ft. Lauderdale on Davie Blvd, a large diameter pipe construction project through a heavily con ested area. Also see 26.1.1 26.1.8 Review of references (use page 2 of this form. 26.1.9 Consideration of past lawsuits or arbitrations to which the firm has been a party. None 26.1 .10 Price. $4,209,900.00 02/2009 Page 2 of 9 - 402 - , ('.~...(.(...""".'."'..'" \. r:.-. " , . Y-.... ! Utllities Department Engineering Division Bid Evaluation - Due Diligence .')"jiSEC'FION'2';,;..REFERENCE.:VERII;ICATION ". ':,-:;;" " , "..,".,' ..-._'t::....~::)y-:,><-;"':-' Company Name: City of Orlando Project Name and Conserve 1 Flow Diversion Force Main brief Descriotion: Contact Person I Title: Steve Frey (title not provided in bid) Telephone No.: 407-246-3755 Project Value $9,335,651.13 $9,333,781.50 Completion Date : March 2008 (Start I Finish): . . 'N")'/,' ~ ....'.,.:......./.. 1 Have they performed the work satisfactory as it pertains to meeting YesD NoD budget? 2 Have they performed the work satisfactory as it pertains to meeting YesD NoD deadlines and milestones? 3 Have they performed the work satisfactory as it pertains to availability of Yes D No D staff and principals? 4 Have they performed the work satisfactory as it pertains to responsiveness Yes D No D to Client demands and suaaestions? 5 Have they performed the work satisfactory as it pertains to quality of work? Yes D NoD 6 Were there any Field Change Directives I Change Orders on this project? Yes D No D Ifves, exolain the circumstances in the Comments I Remarks section. 7 Were there any "disputed" claims from this contractor for this project? If YesD NoD ves, explain the circumstances in the Comments I Remarks section, 8 How has the closeout process been with this contractor? 9 Have there been any "warranty" claims? If so how has the contractor's YesD NoD response been? 10 What is your overall satisfaction with this contractor? I.' " ,"/:>,,/,;"/<','/"'\.\; Item No, Comments I Remarks from above (use continuation sheet if necessarv) Mr. Frey did not return my phone calls Bid Evaluation Performed By I Date: Jimmy Richie, PE November 6, 2009 Company I Organization: Wantman Group, Inc. 0212009 Page 3 of 9 - 403 - .. / 1.....((. ~..('( '. . \'- Utilities Department EngIneering Division Bid Evaluation - Due Diligence .....,. _..- .. . .'/SECtION:2i;l;,1REFERENCEVERIFICA1IiION: ,,-,-';;:..,,".-:.',-,-.;,';.-; '..'"-'..l.... i' ". ';;"'_".',,',-;0:.-,'-:"-"".,-,-. Company Name: Seacoast Utility Authority Project Name and 12" Watermain ICW Crossing - directional drill with surface restoration brief Description: Contact Person I Title: Jim Lance, Telephone No.: 561-627-2900 Construction/Development Manager Project Value $1,071,608.00 I $1,070,585.00 Completion Date: 2007 (Start I Finish): ;. .'. ".:i..':,,", ." , ,,'" 1 Have they performed the work satisfactory as it pertains to meeting Yes [8J No D budget? 2 Have they performed the work satisfactory as it pertains to meeting Yes [8J No D deadlines and milestones? 3 Have they performed the work satisfactory as it pertains to availability of Yes [8J No 0 staff and principals? 4 Have they performed the work satisfactory as it pertains to responsiveness Yes [8J No D to Client demands and succestions? 5 Have they performed the work satisfactory as it pertains to quality of work? Yes [8J No 0 6 Were there any Field Change Directives I Change Orders on this project? Yes [8J No D If ves, exelain the circumstances in the Comments I Remarks section. 7 Were there any "disputed" claims from this contractor for this project? If Yes 0 No [8J ves, exelain the circumstances in the Comments I Remarks section. 8 How has the closeout process been with this contractor? satisfactory 9 Have there been any "warranty" claims? If so how has the contractor's Yes D No f2J response been? 10 What is your overall satisfaction with this contractor? satisfied .':"'1<..... ':c", .......':.' '.". ..-'''f.,;;: "'>:.' , ,'. ':-'".',: Item No. Comments I Remarks from above (use continuation sheet if necessarv) 6 No change orders-quantities adjusted at close of project SUA would award another contract. 3 Recognized Tom Bass; knows Fredie Brady and Terrell Bridges; could not recall Curt Landry. Mr. Lance did not elaborate in describina personnel. Engineer of Record: Boyle (AECOM) This project included a substantial amount of surface restoration that exceeded the directional drill in cost. StarVFinish When asked, Mr. Lance stated this was not information he could recall or had at Values hand during the conversation. It may be reasonable to assume that the starVfinish values were not sianificantlv different. Bid Evaluation Performed By I Date: James Richie, PE November 6, 2009 Company I Organization: Wantman Group, Inc. 02/2009 Page 4 of 9 - 404 - ..'.'.'.., , /.~(: ."\!. .......\'. . t " Utilities Department Engineering Division Bid Evaluation - Due Diligence . . ........:: "2 ;';J;;iSECl'IONr2""REf'E~ENCE1VERIEICATION !.-'::. .. '.' /. Company Name: Citrus County Engineering Project Name and Chassahowitzka Sewer Project Phase 1 - rehab project with gravity brief Description: sewer, water main, force main and 8 lift stations Contact Person I Title: Steve Dixon, Field Operations Telephone No.: 352-527 -5446 Supervisor Project Value $8,119,918 $8,052,789 Completion Date : End of 2008 (Start I Finish); ...... .'..... ...'.'. , .:,--....\;: ,L. .. i 1 Have they performed the work satisfactory as it pertains to meeting Yes 0 No D budget? 2 Have they performed the work satisfactory as it pertains to meeting Yes 0 No D deadlines and milestones? 3 Have they performed the work satisfactory as it pertains to availability of Yes 0 NoD staff and principals? 4 Have they performed the work satisfactory as it pertains to responsiveness Yes IZl No D to Client demands and suaaestions? 5 Have they performed the work satisfactory as it pertains to quality of work? Yes IZl No D 6 Were there any Field Change Directives I Change Orders on this project? Yes IZl No D If ves, explain the circumstances in the Comments I Remarks section. 7 Were there any "disputed" claims from this contractor for this project? If Yes D No I2l yes, explain the circumstances In the Comments I Remarks section. 8 How has the closeout process been with this contractor? satisfactory 9 Have there been any "warranty" claims? If so how has the contractor's Yes D No IZJ response been? 10 What is your overall satisfaction with this contractor? "thumbs up" I':...... '.".. ..... ,-- ....c'..,-.....:..'..:-...,--.. --', ;.'. Item No. Comments I Remarks from above (use continuation sheet if necessary) 6 Reduction in scope and material This neighborhood rehabilitation project included very deep gravity sewer in tidal area, water mains and 8 lift stations_ 3 Recognized Tom Bass; Mr. Dixon's employees recall Fredie Brady; no recollection of Curt Landrv; Mr. Dixon recalls Terrell Bridoes and commented "aood" 5 Lift station and paving subcontractors provided good work 10 Mr. Dixon stated "thumbs up" and he would hire Danella again. Engineer of Record: C&D Engineering Start/Finish When asked, Mr. Dixon stated this was not information he could recall or had at Values hand during the conversation. It may be reasonable to assume that the start/finish values were not significantly different. Bid Evaluation Performed By I Date: I James Richie, PE November 9, 2009 02/2009 Page 5 of 9 - 405 - Utilities Department Engineering Division Bid Evaluation ~ Due Dili ence Wantman Group, Inc. 1,\" '..' .....}.. ," >SECTION;2;.;;:REF;e:RENCEVERIFIC~i1110N~\i~'@j;~4i~;:~!fi:(;:;::>Y:;'.. ,... Company Name: City of Ft. Lauderdale Project Name and Davie Blvd. 24" Watermain - transmission main through roadway brief Description: Sewer Area 4 Basins A, D & F - sewer rehabilitation in neiahborhoods Contact Person / Title: Paul Bohlander, City Program Mgr Telephone No.: 954-522-2604 Project Value $6,459,038 & $6,657,114 & Crt' D t 2007 (Start/Finish): $10596979 lt1?MlQ~M ompelon ae: I" ................" .'....,..~~ Have they performed the work satisfactory as it pertains to meeting Yes [gJ No 0 budget? 2 Have they performed the work satisfactory as it pertains to meeting Yes [gJ No 0 deadlines and milestones? 3 Have they performed the work satisfactory as it pertains to availability of Yes lSJ No 0 staff and principals? 4 Have they performed the work satisfactory as it pertains to responsiveness to Client demands and suaoestions? 5 Have they performed the work satisfactory as it pertains to quality of work? 6 Were there any Field Change Directives I Change Orders on this project? If yes, explain the circumstances in the Comments / Remarks section. 7 Were there any "disputed" claims from this contractor for this project? If Yes 0 No [gJ ves explain the circumstances in the Comments I Remarks section. 8 How has the closeout process been with this contractor? 9 Have there been any "warranty" claims? If so how has the contractor's Yes 0 No [gJ reSDonse been? 10 What is your overall satisfaction with this contractor? I..' . " :." Item No. from above ...).... Yes [gJ No 0 Yes [gJ No 0 Yes [gJ No 0 satisfactory satisfied 3 Comments I Remarks (use continuation sheet if necessary) Generally satisfied. Mr. Bohlander did not emphasize or possibly recall any deadlines or schedule impacts. Tom Bass - closed projects; responsive; addressed issues as they happened Fredie Brady - good job as superintendent; some disagreements with City Manager Curt Landrv, Terrell Bridaes - no recollection Some work awarded was very challenging and Danella responded well to changes. There was a potential warranty issue with a 54" pressure pipe having silt and some joint separation but since other contractors had contact with this pipe no individual fault was found. Closeout process "relatively" satisfactory. 1.2 4 9 8 02/2009 Page 6 of 9 - 406 - Bid Evaluation - Due Dili ence City's relationship with Danella went well and plenty of work was awarded in the beginning but in the end their relationship "went south". He explained there were bound to be some issues/disagreements during at total of $35 million in contracts throughout the years. None went to litigation. Mr. Bohlander did not elaborate on this issue. Refer to the CH2MHilI Reference Verification. Start/Finish When asked, Mr. Bohlander stated this was not information he could recall or had at Values hand during the conversation. It may be reasonable to assume that the start/finish values were not 5i nificantl different. Mr. Bohlander's comments were mostly general towards Danella as a whole and not related to a s ecific ro.ecl. Mr. Bohlander stated he could not disqualify Danella as the low bidder and therefore would hire them a ain. Bid Evaluation Performed By / Date: - , {iu...G7Y.7.".": <1 ' 6 10 James Richie, PE November 9, 2009 Company I Organization: . 02/2009 Wantman Group, Inc. Page 7 of9 - 407 - Utilities Department Engineering Division .'- i /{"'(~~(' \...~ . Utilities Department EngIneering Division Bid Evaluation - Due Diligence 1""\ .' . ..... . ".'SECTIQN2- REEERENC.ErYERIFICATIOt.J;'. ""',:,.. ~';.j .. '. ",n, .C:'_"'j'; Company Name: CH2MHiII Project Name and David Blvd 24" Watermain brief Descriotion: Contact Person I Title: Walt Schwarz, PE, PM Telephone No.: 954-480-7365 Project Value $6,459,038 I $6,459,038 Completion Date: 2007 (Start I Finish): ...... ." ". ." '.' .,/ 1 Have they performed the work satisfactory as it pertains to meeting Yes IZI No D budoet? 2 Have they performed the work satisfactory as it pertains to meeting Yes IZI No D deadlines and milestones? 3 Have they performed the work satisfactory as it pertains to availability of Yes IZI No D staff and orincioals? 4 Have they performed the work satisfactory as it pertains to responsiveness Yes IZI No D to Client demands and suaaestions? 5 Have they performed the work satisfactory as it pertains to quality of work? Yes IZI No D 6 Were there any Field Change Directives I Change Orders on this project? Yes IZI No D Ifves, explain the circumstances in the Comments I Remarks section. 7 Were there any "disputed" claims from this contractor for this project? If Yes 0 No IZl I ves, exolain the circumstances in the Comments I Remarks section. 8 How has the closeout process been with this contractor? See below 9 Have there been any "warranty" claims? If so how has the contractor's Yes 0 No IZl resoonse been? 10 What is your overall satisfaction with this contractor? satisfied " """':/":""';"" .'..... ,,' ,.,'./ Item No. Comments I Remarks from above (use continuation sheet if necessarv) 2 The project had a strict schedule in coordination with FOOT. Mr. Schwarz described Danella as "not by any means a worst performer" and in 5 some projects nothing went wrong. Another phase of the Davie Blvd project was small diameter pipe considered a very difficult project and tougher than the 24" WM. Mr. Schwarz stated "a lesser contractor wouldn't have pulled it off'. 6 All change orders were justified and were not subjected to additional work. Mr. Schwarz described the closeout process as "a few projects hung around". He further explained this as a contributing factor to what Ft. Lauderdale described as the 8 relationship "going south". Generally stated, 90%. of the project went well and the last 10% did not. During the end there was no more work and Danella pulled resources and possibly delaved closino certain oroiects. 02/2009 Page B of9 - 408 - : ....(r.f? (. ' ....~ Utilities Department EngineerIng Division Bid Evaluation - Due Dili ence When asked about Danella's reputation and young age as a business Mr. Schwarz described them as a "good company" that has "been around a while". He further said "Danella Companies" was their name in past Ft. Lauderdale WaterWorks projects and since then they have restructured and grown into the water/sewer business as "Danella Utili Construction". Bid Evaluation Performed By I Date: James Richie, PE November 20, 2009 Company / Organization: 02/2009 Wantman Group, Inc. Page 9 of9 - 409 - :' .(( ..G.;5(.._..... .., i '. \).- Utilities Department Engineering Division Bid Evaluation - Due Diligence Project Name: Regional Force Main Project Manager: Paul Fleming, PMP I Consultant: I Wantman Group, Inc. Contractor: GlobeTec Construction, LLC '.' ..... ....... . .,. ..c.:,"i';'~:!ir\t::':;i'i$EC;r:IO";1",,:SELECtl$'.lUc::lITERIA'.<::;. .. '..::~,2{.:)kf ;:2"(0,1,;(.;;; .... As required in the Instruction To Bidders, Section 26 SELECTION CRITERIA, bids are to be evaluated based on the followino criteria (use continuation sheet if necessary): '..No. 26.1.1 26.1.2 26.1.3 26.1.4 26.1.5 26.1.6 26.1.7 26.1.8 26.1.9 26.1.10 0212009 $~I~'c;tl~rj{Cfhii)'i.:tN~Mf:~~CQmm.n~'!i,j'::fj::Kt(t!m~~WJiit:;': ,:,>:.:.".. .~..:",...,.. >"",":1:',i':';\1:~<:~f:~;.;?;'... Experience of the firm with similar projects. GlobeTec has experience with large scale water and sewer infrastructure including large diameter and lengthy projects. $30+M in multiple projects for the City of Ft. Lauderdale WaterWorks 2011 $14.7M included 16"-30" WM, 24" & 30" RWM for Palm Beach County Water Utilities Department $5.8M included 48" DIP FM for Citv of West Miami Public Works Deoartment Background and experience of the principal members of the personnel, including officers. Principal personnel have a substantial amount of experience in heavy construction and large diameter pipeline projects. President - 20 years experience, 6(?) years at GlobeTec as President VP/Pipeline Mgr. -15 years experience (10? relevant), 2(?) years at GlobeTec as VP PM Pipellne -12 years experience, 4 years at GlobeTec as PM PM Pipeline - 6 years experience, 3 years at GlobeTec as PM Sup!. - 22 years experience, 2 years at GlobeTec as Sup!. CM/Suot. - 35 vears exoerience, 1 vear at GlobeTec as Suot./Foreman Bonding capacity. Compare current project values against stated bonding capacity. $150M capacity, $75M available, $52.7M current proiect values. Capacity is suffic~nt. Evidence of possession of required Ilcenses or business permits. Construction Business per FDBPR; Jorge Fonte, CGC & CUC; Antonio Assenza, CUC Experience in performance. GlobeTec stated they have no default contracts or litigation. Reference verification indicates the same. Contracts on hand. 5 contracts totaling $52.7M at 77% complete (by $ weighted average). The Regional Force Main workload aooears to be well within the caoacitY of GlobeTec. Largest completed projects. GlobeTec's largest completed projects are similar in scope and magnitude Of this project They include multi-million dollar projects of thousands of feet of large diameter FM, WM & RWM. Also see 26.1.1 Review of references (use palle 2 of this form). Consideration of past lawsuits or arbitrations to which the firm has been a party. None Price. $4,290,670.00 Page 1 of 5 - 410 - _"LO_ ..\~.I Utilities Department Engineering Division Bid Evaluation - Due Diligence . .......'. )";~iiJ!j!~;ijfSECJION!2'.f"'.REF.:ERENCE~MeRIFlCATION<," ., 0""":-',-;'" .--< ;', c ...,...' ". ~ ' .':.. Company Name: City of Ft. Lauderdale WaterWorks 2011 Project Name and Multiple projects in WaterWorks 2011 brief Description: Contact Person I Title: Paul SoUander, Asst. Director Telephone No.: 954-522-2604 Project Value (see below) (see below) Completion Date: 2007-2009 (Start I FiniSh): ,." ,. >". ';".{' ..': ,; 1 Have they performed the work satisfactory as it pertains to meeting Yes~ NoD budaet? 2 Have they performed the work satisfactory as it pertains to meeting Yes~ NoD deadlines and milestones? 3 Have they performed the work satisfactory as it pertains to availability of Yes cgj No D staff and principals? 4 Have they performed the work satisfactory as it pertains to responsiveness Yes cgj No D to Client demands and suaaestions? 5 Have they performed the work satisfactory as it pertains to quality of work? Yes ~ No D 6 Were there any Field Change Directives I Change Orders on this project? Yes cgj No D If ves, explain the circumstances in the Comments I Remarks section. 7 Were there any "disputed" claims from this contractor for this project? If Yes D No IZI ves, explain the circumstances in the Comments I Remarks section. 8 How has the closeout process been with this contractor? Excellent 9 Have there been any "warranty" claims? If so how has the contractor's Yes D No cgj response been? 10 What is your overall satisfaction with this contractor? Very satisfied ....;...' ;.'" ,..:.' Item No. Comments I Remarks from above (use continuation sheet if necessary) 2 "Generally". Mr. Bollander did not emphasize or possibly recall any deadlines or schedule impacts. 6 GlobeTec was "reasonable" when it came to change orders. 3 Mr. Bollander stated he had little contact with Antonio Assenzo. In general, this may be interpreted as a good thing jf PMs can manage without Principal involvement. 3 Anthony Guglielmi - "excellent", "nice", "competent"; he had a lot of interaction with the CitY; projects went well not necessitating contact with any others at GlobeTec Mr. Bollander described GlobeTec In general and not specific projects. GlobeTec Project has six WaterWorks 2011 reference projects and it may be reasonable to assume Values that the start/finish values were not significantly different. When asked he stated this was not Information he had at hand durina the conversation. Bid Evaluation Perfonned By I Date : Jimmy Richie, PE November 9, 2009 Company I Organization: Wantman Group, Inc. 0212009 Page 2 of 5 - 411 - ,(..~.~. (\ " ~ . '.- ..'- ~ Utilities Department Engineering Division Bid Evaluation - Due Diligence .... " ,"'.'>,:..-,.,-." "'i,;:.",;' "'(;;SE:CTION~2;.1:;IREIf,ERENCEi'VER'F,ICA1I'ION':':i;!j[,Cj .i~;W.'!'''''< . ",i'-"',: '-'-"','-:;'; Company Name: City of West Miami Public Works Department Project Name and Citywide Drainage Improvements Phase 18 Storm Sewer Collection brief Description: System Contact Person! Title: Juan Pena, Director Telephone No.: 305-266-1122 Project Value $5,832,493 $5, 832, 493 Completion Date: 2006 (Start! Finish): 1,:-..:......... .:.,...'..........., : ','..'.",:, . ,'. 1 Have they performed the work satisfactory as it pertains to meeting Yes i:8J No 0 budaet? 2 Have they performed the work satisfactory as it pertains to meeting Yes i:8J No 0 deadlines and milestones? 3 Have they performed the work satisfactory as it pertains to availability of Yes i:8J No 0 staff and orincioals? 4 Have they performed the work satisfactory as it pertains to responsiveness Yes i:8J No 0 to Client demands and suacestions? 5 Have they performed the work satisfactory as it pertains to quality of work? Yes i:8J No D 6 Were there any Field Change Directives! Change Orders on this project? Yes i:8J No 0 If yes, explain the circumstances in the Comments J Remarks section. 7 Were there any "disputed" claims from this contractor for this project? If Yes 0 No i:8J ves, exolain the circumstances in the Comments I Remarks section. 8 How has the closeout process been with this contractor? Good 9 Have there been any "warranty" claims? If so how has the contractor's Yes 0 No ISI response been? 10 What is your overall satisfaction with this contractor? Sati. ......:.. Item No. Comments! Remarks from above (use continuation sheet if necessary) 6 Lift station connection did not work. Option to resolve was given to GlobeTec and the neQotiated cost was satisfactory. 7 A minor traffic accident occurred and was resolved without litigation. GlobeTec also had a $3 million phase of the same project. 3,4 Mr. Pena is familiar with Antonio Assenza and Kenny Boone but had no additional comments. Mr. Pena recognized Anthony Guglielmi as "professional". Engineer of Record: TYLin International! HJ Ross Start/Finish When asked, Mr. Pena stated this was not infonnalion he could recall or had at hand Values during the conversation. It may be reasonable to assume that the start/finish values were not sianificantlv different. Bid Evaluation Performed By J Date: Jimmy Richie, PE November 9, 2009 Company! Organization: Wantman Group, Inc. 02/2009 Page 3 of 5 - 412 - ~(' . . . ...... \ ..... , "" . . Utilities Department Engineering Division Bid Evaluation - Due Diligence '.. .......,.:.;8E(:1"ION.2';.; REFERENeE,'i'ileRIFICATIONX City of Plantation Utilities Department Company Name: Project Name and brief Descri tion: Contact Person I Title: Sanitary Sewer System & Water Main at Westgate Hank Breitenkam, Director of Utilities Telephone No.: 954-797-2285 $3,441,297 Completion Date: 2006 2 Have they bud et? Have they performed the work satisfactory as it pertains to meeting Yes I8l No 0 deadlines and milestones? Have they performed the work satisfactory as it pertains to availability of Yes [8J No D staff and rinci als? Have they performed the work satisfactory as it pertains to responsiveness to Client demands and su estions? Have they performed the work satisfactory as it pertains to quality of work? Were there any Field Change Directives I Change Orders on this project? If es, ex lain the circumstances in the Comments I Remarks section. Were there any "disputed" claims from this contractor for this project? If Yes I8l No D es, ex lain the circumstances in the Comments I Remarks section. How has the closeout process been with this contractor? Have there been any "warranty' claims? If so how has the contractor's Yes IZI No 0 res onse been? What is your overall satisfaction with this contractor? work satisfactory as it pertains to meeting Yes I8l No 0 3 4 5 6 Yes [8J No D Yes I8l No 0 Yes IZI No 0 7 8 9 10 Good Item No. from above Comments I Remarks use continuation sheet if necessa Yes, the foreman and upper officers. 3 Some undermining of the road was fixed without issue. Obstacles in the project were reasonably worked around. "11 hour" change was n otiated at a reat rice. Subcontractors were used for sidewalk, roads and landscaping. The work com leted well. Recognized Jorge Fonte performing well with change orders. Not much interaction with Alex Carstens and Anthon Gu lielmi. Start/Finish When asked, Mr. Breitenkam stated this was not information he could recall or had Values at hand during the conversation. It may be reasonable to assume that the start/finish values were not si nificant different. Bid Evaluation Performed By / Date: Jimmy Richie, PE November 9, 2009 9 6 5 6,4,3 Company / Organization: Wantman Group, Inc. 02/2009 Page 4 of 5 - 413 - "(((7 ,~ . Utilities Department Engineering Division Bid Evaluation - Due Diligence , ..,.,; '.jY0tSE~1'IO.N;'2'#]REFERENe.E''lERIFICAl'ION',.' . ", . ,. . ,: ...::. ;, '~.;.'.', L, ' ::;.' :~\~i ":,", :. "":.--';'-'c" Company Name: Palm Beach County Water Utilities Department Project Name and lake Region Transmission Main brief Descriotion: Contact Person I Title: Joe Tanacredi, PE Telephone No.: 561-493-6088 Project Value $14,765,815 $14,765,815 Completion Date : 2008 (Start! Finish): , .'. .... " ''''~..f'!':'''''' ..".... 1 Have they performed the work satisfactory as it pertains to meeting Yes [gJ No D budQet? 2 Have they performed the work satisfactory as it pertains to meeting Yes [gJ No D deadlines and mllestones? 3 Have they performed the work satisfactory as it pertains to availability of YeslZl No D staff and principals? 4 Have they performed the work satisfactory as it pertains to responsiveness Yes IZI No D to Client demands and suaaestions? 5 Have they performed the work satisfactory as it pertains to quality of work? Yes IZI No D 6 Were there any Field Change Directives { Change Orders on this project? Yes IZI No D If yes, explain the circumstances in the Comments! Remarks section. 7 Were there any "disputed" claims from this contractor for this project? If Yes D No IZI yes, explain the circumstances in the Comments I Remarks section. S How has the closeout process been with this contractor? Efficient 9 Have there been any "warranty. Claims? If so how has the contractor's Yes D No IZI response been? 10 What is your overall satisfaction with this contractor? Good 1'\,' .:. ..,\......,;... .'.:. ':.t:' '."o.;r":".'. Item No. Comments! Remarks from above (use continuation sheet if necessary) 6 There were minor changes on the order of $1 ,000'5. Mr. Tanacredi did not elaborate or Dossiblv recall sDecific details about the changes. 5 Subcontractors for directional drill, aerial crossing piles, sod-good work. Engineer of Record: Palm Beach County Water Utilities Department 4 Performed the Owner purchased materials process successfully. 3 Jorge Fonte was the main PM in daily contact. Alex Carstens had less involvement. Antonio Assenza was less involved-primarilv in meetinas. Start/Finish VVhen asked, Mr. Tanacredi stated this was not information he could recall or had at Values hand during the conversation. It may be reasonable to assume that the start/finish values were not sionificantly different. Bid Evaluation Performed By ! Date: Jimmy Richie, PE November 10,2009 Company! Organization: Wantman Group, Inc. 0212009 Page 5 of 5 - 414 - '/'~'y." , ( . \" ~ .' ... '. Utilities Department Engineering Division Bid Evaluation - Due Diligence Project Name: Regional Force Main Project Manager: Paul Fleming, PMP I Consultant: I Wantman Group, Inc. Contractor: Palm Beach Grading, Inc. (hereafter referred to as PSG) " .::-~,:>:<:..:- ,:,:::?~':!.h';>; ;i;I:;;L::'2;fsec.1J]CJNt1f~SEL;;EOclll~Jlj~~ , As required in the Instruction To Bidders, Section 26 SELECTION CRITERIA, bids are to be evaluated based on the followina criteria (use continuation sheet if necessary): " 'Nc", I' $""leetlt)'n~GHt8~i~WN~:Ji<(;Q..nn1~,,\S~JJrJf~::;!\;i!;;:!"1";[i:~,:::;;.,i{/::,r;n':,;::'\:'r:m,ji;l0t~1:'I/ri':;~;i::.' .)(:. ...:.,,""". ,,: .: ~;: -i 26.1.1 Experience of the firm with Similar projects. PSG has experience with projects having similar scopes, mostly roadway/infrastructure; however, no project reference explicitly states large diameter pipelines for great lengths through neighborhoods. Currently PBG has a project with about Y.z mile of 24" Drp/PVC RWM and about 3 miles of 8" & 12" WM. Other projects include: Multiple Roadway & Infrastructure projects ranging from $1.4-7.2 million for public and private entities. $600k 10" Water Main for Martin Co. Utilities completed Dee-08 $60k Force Main for Martin Co. Utilities completed Dee-OS $60k S" Water Main for Martin Co. Utilities comoleted Jan-09 26.1.2 Background and experience of the principal members of the personnel, including officers. Senior members have a substantial amount of experience in what appears to be primarily development driven projects and then utility work. PresidentlChairman--31 years experience; 13 at PSG as President (no pipeline projects) VP-30 years experience; 4 years at PSG as VP Supt.-21 years experience; <1 year at PSG as Supt.; 12 years as Supt. Ooerations Manager-14 vears experience; 12 vears at PSG as OP. MQr. 26.1.3 Bonding capacity. Compare current project values against stated bonding capacity. $80M capacity, $55M available, $33M current project values. Capacity is sufficient. 26.1.4 Evidence of possession of required licenses or business permits. FDOT Certificate of Qualification Incorporated September 19,1996 Larry Manning, CGC since November 29, 2005 Construction Business Information, QB since November 29, 2005 26.1.5 Experience in performance. PSG stated they have no default contracts. Reference verification indicates the same. 26.1.6 Contracts on hand. S contracts totaling $33 million at 40% complete (by $ weighted average). The Regional Force Main workload aooears to be within the capacity of PSG. 26.1.7 Largest completed projects. 02'2009 Page 1 of4 - 415 - . ....U... .(7? .' " ...~.:. Utilities Department Engineering Division Bid Evaluation - Due Dili ence The largest completed projects are similar In scope and magnitude but PBG has not explicitly stated large diameter pipe. A roadway/infrastructure project for GL Homes included coordination with an overlapping and simultaneous project at Lyons Rd and Boynton Beach Blvd involving multiple permitting agencies/owners. $7.2 million road and infrastructure for Collier County and GL Homes completed March 07 $6.7 million road and infrastructure for Palm Beach County and GL Homes completed JanualY 2006 $3.7 million road and infrastructure for Bo nton Beach com feted in Janua 2009 26.1.8 Review of references (use page 2 of this form). Most references of relevant projects did not return phone calls. 26.1.9 Consideration of past lawsuits or arbitrations to which the firm has been a party. None 26.1.10 Price. $4,338,460.00 0212009 Page 2 of 4 - 416 - ;'~.G...r."..'...'.'.."'; '.. ~ /',' . . Utilities Department Engineering Division , . Bid Evaluation - Due Diligence "'\;':$Ee'l110N2'~REFER:EN~~;!VERIJ::ICATI()N:; GL Homes :.-: ,. ,~;;"; :~;-,'~:.f}} ~f:t:iij\i: W~ i:.:~.:::: : 1;"-,.-,' " .:. .' Company Name: Project Name and brief Description: Contact Person / Title: ..;:.... ..... Have they performed the work budget? Have they performed the work satisfactory as it pertains to meeting Yes l2J No D deadlines and milestones? Have they performed the work satisfactory as it pertains to availability of Yes l2J No D staff and principals? Have they performed the work satisfactory as it pertains to responsiveness to Client demands and suaaestions? Have they performed the work satisfactory as it pertains to quality of work? Were there any Field Change Directives / Change Orders on this project? If yes, explain the circumstances in the Comments / Remarks section. Were there any "disputed" claims from this contractor for this project? If Yes D No 0 ves, exolain the circumstances in the Comments / Remarks section. How has the closeout process been with this contractor? Have there been any "warranty" claims? If so how has the contractor's resoonse been? Project Value (Start / Finish); .,..:: 2 3 4 5 6 7 8 9 Lyons Road Anthony LoFurno, Director of Land Development $7.2 million 561-733-9930 Telephone No.: $7.2 million Completion Date: March 2007 . ".">':' satisfactory as it pertains to meeting Yes l2J No D ". ", Yes l2J No D Yes l2J No D Yes l2J No D Good Yes D No l2J "they delivered" 10 What is your overall satisfaction with this contractor? 1,/0:,': :":':::.,i:,:'., .':. Item No. from above 6 8 4 Start/Finish Values 0212009 Comments / Remarks (use continuation sheet if necessarY) The project included drainage retro-fitting and some design issues caused the field changes. PSG was actively involved in identifying issues and looking for solutions at a reasonable cost. PSG completed a 60.90 day punch-list in a roadway/infrastructure project overlapping with another roadway/infrastructure project involving FDOT and PBC at Lvons Rd and Bovnton Beach Blvd. A current project includes about 3 miles of 8" & 12" WM, Yo mile 6" FM and Yo mile of 24" RWM (DIP PVC) without extensive restoration. Silas-more at the executive level of project management; up to speed with project; occasional visits; somewhat involved Perez-more at the executive level of project management Parcells-"one of the best in Palm Beach County"; multiple project Supt. Moore-more of a road and dirt auv rather than aiae work When asked, Mr. LoFurno stated this was not information he could recall or had at hand during the conversation. It may be reasonable to assume that the start/finish values were not sianificantlv different. Page 3 of 4 - 417 - , :,.(..(((7., .... ..\,) \~ .' Bid Evaluation - Due Dili ence Engineer of Record: Arcadis Bid Evaluation Performed By I Date: Jimmy Richie, PE November 10, 2009 Company I Organization: Wantman Group, Inc. 02/2009 Page 4 of 4 - 418 - Utilities Department Engineering Division 12.A LEGAL January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA i:8J LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE 09-044 -- SECOND READING -- IPUD Zoning District-Marine-Oriented & Water Dependent Uses, (CDRV 09-008). Amending the Land Development Regulations, Chapter 2, Zoning, Section 5. L., changing the intent section to promote water access and recreational opportunities with accomodation of uses including marine-oriented and water -dependent uses, and establishment of development regulations for implementation. Applicant:: City-initiated. Request for Reconsideration by Commissioner Marlene Ross of Ordinance 09-044 which was adopted on second reading at the December 1, 2009 Commission Meeting was approved by the Commission on December 15,2009. EXPLANATION OF REQUEST: Request to amend the Land Development Regulations for IPUD Zoning District-Marine-Oriented & Water Dependent Uses, CDRV 09-008. The City Commission approved the item on First Reading on November 17, 2009, accepting a staff recommendation for changes/additions to the proposed regulations regarding the "Preferred" marina siting zone, a minimum lot width standard, outdoor display of boats, and limited provisions for residing on boats. The ordinance has been modified to include changes discussed on First Reading. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Proposed amendments may increase the tax base through increasing the development potential of vacant or underutilized property. ALTERNATIVES: Not approve or approve with changes. - 419 - ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2 "ZONING", SECTION 5L CHANGING THE INTENT SECTION TO PROMOTE WATER ACCESS AND RECREATIONAL OPPORTUNITIES WITH ACCOMMODA TION OF USES INCLUDING MARINE-ORIENTED AND WATER-DEPENDENT USES, AND ESTABLISHMENT OF DEVELOPMENT REGULATIONS FOR IMPLEMENTATION; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Development Department has made recommendations to amend the Land Development Regulations changing the intent section to promote water access and recreational opportunities with accommodation of uses including marine-oriented and water-dependent uses, and establishment of development regulations for implementation; and WHEREAS, the City Commission has considered those recommendations and finds that those amendments will be an improvement to the IPUD zoning district and corridor, and mechanism to promoting desirable development activity and growth in the City's tax base. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clause is true and correct and is now ratified and confirmed by the City Commission. Section 2. Sub-sections L of Section 5 of Chapter 2 of the Land Development Regulations is amend as follows: L. IN FILL PLANNED UNIT DEVELOPMENT (IPUD). The Infill Planned Unit Development (IPUD) District standards and regulations are created for the purpose of allowing flexibility to accommodate infill and redevelopment on parcels less than five (5) acres in size. Parcels five or more acres in size shall comply with normal Planned Unit Development regulations found in Chapter 2.5 ofthe Land Development Regulations. 1. Intent and expectations. a. The IPUD regulations are intended to be used in situations where new development or redevelopment is proposed within an already developed area or neighborhood located in the Federal Highway Corridor Community Redevelopment Plan, Study Areas 1 and V. A mixture of uses including residential, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic intent ofthe Zoning Code and the Comprehensive Plan will be followed. This district is also intended to promote water access and recreational opportunities with accommodations of uses including marine-oriented and water dependent uses in both mixed-use developments and limited single-use projects. - 420 - b. It is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed the standards ofthe basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. 'Ihe extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parking lot and circulation design, and setbacks, will be dependent on how well the above-stated planning expectations are met in the proposed development plan. c. The IPUD shall minimize adverse impacts on surrounding property. 'Ihe city is not obligated to automatically approve the level of development intensity requested for the IPUD. Instead, it is expected to approve only such level of intensity that is appropriate for a particular location in terms of land use compatibilities. The city may require, as a condition of approval any limitation condition, or design factor that will provide a reasonable transition to adjacent development. d. In order to be approved, an IPUD project must be compatible with and preserve the character of adjacent residential neighborhoods. Further, it must be an enhancement to the local area and the city in general. Presentation of projects that fail to do so will be denied. e. Each IPUD project is independent and will be evaluated solely on its own merits. 'Ihe inclusion of certain features in a previously approved IPUD project will not be entertained as a valid argrunent for the inclusion of that same feature in any other IPUD project if the city decides to reject those features. 2. Application process. a. The procedures and requirements for applying for rezoning to the IPUD district are the same as those for rezoning to the PUD district as stated in Chapter 2.5, Section lO, of the Land Development Regulations. b. When the IPUD is to be developed in a single phase, the site plan for the development may also represent the master plan. c. The entire property proposed for development as an IPUD shall be under common ownership or unified control, so as to ensure unified development. 3. Development standards. Minimum lot area: 1 acre':' Maximum lot area: 5 acres Minimum lot frontage: None, except for private marinas' Maximum height: 45 feet (lesser height may be required for compatibility with adjacent development) Maximum lot coverage (building): 50% Maximum density: Determined by land use lO.8 du/ac for land classified High Density Residential (HDR) or Local Retail Commercial (LRC); or 20 du/ac for lands classified Special High Density Residential Minimum usable open space per 200 square feet dwelling unit: Perimeter setbacks: Shall mirror setbacks of adjacent zoning district( s) but with a minimum of the setback required for a single-family residence, as determined by the orientation of structures in the IPUD...:.:. * ~iR~Js mafias srisHtsEl aHa v.'atsr ElS13SRElSHt "'m,l~ Private marinas as a principal use require a rninimrun lot area of four (4) acres, .!! minimum lot frontage of 150 feet and minimum average width of 200 feet. ** Also see "4.h." below for additional requirements. 4. Additional standards. a. Building design elements. (l) Massing. 'Ihe proportions and relationships ofthe various architectural components ofthe buildings should be utilized to ensure compatibility with the scale of other development in the vicinity. 'Ihe buildings should not detract from or dominate the surrounding area. - 421 - (2) Materials. A variety of materials must be utilized to provide visual interest to the buildings. Colors and materials must be selected for compatibility with the site and the neighboring area. The exterior building design must be coordinated on all elevations with regard to color, materials, architectural form, and detailing to achieve design harmony and continuity. (3) Articulation. Well-articulated buildings and architectural interest and variety to the massing of a building and help break up the monotonous facades. A variety offeatures must be incorporated into the design ofthe buildings to provide sufficient articulation of the facades. 'Ihis may be achieved by incorporating the use of vertical and/or horizontal reveals, step backs, modulation, projections, roof detailing, and three dimensional details between surface planes to create shadow line and break up flat surface areas. (4) Overall design. Design ofthe project shall be tailored to the specific site and shall take into consideration the protection and enhancement of any natural features of or adjacent to the site as an element in the overall design. b. Screening and buffering. (I) Appropriate screening and buffering will be required. (2) Such screening must shield neighboring properties from any adverse eflects ofthe proposed development. (3) Screening and buffering must also be used to shield the proposed development from the negative impacts of adjacent uses. (4) Special emphasis should be placed on screening the intrusion of automobile headlights on neighboring properties from parking areas and driveways. c. Pedestrian circulation. (l) Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular ways and parking spaces. (2) In all cases, pedestrian access shall be provided to public walkways. (3) Pedestrian circulation design shall promote interconnectivitv within and between land uses to discourage unnecessary use of the automobile and reduce vehicle miles traveled. d. Usable open space. (l) Shall be required for residential development projects and mixed-use residential projects; (2) Shall include active or passive recreational space; (3) Shall not be occupied by streets, drives, parking areas, or structures other than recreational structures; (4) Shall be designed to be available and accessible to every dwelling unit proposed; (5) Shall, where feasible, be centrally located in the development; and (6) Shall not include private courtyards natural areas and water bodies. e. Trash collection. (l) Special emphasis shall be placed on trash collection points. (2) Trash containers or drunpsters must be screened and designed such that they are not visible from or disruptive to adjacent properties, streets, and rights-of~way while still being conveniently accessible to their users and collectors. (3) Drunpsters or trash containers shall not be located within setbacks abutting single-family residential developments. f. Mixed land uses. (l) Within the IPUD district, mixed land uses may be proposed. (2) Commercial uses shall only be allowed for developments fronting on streets classified as "arterial" on the "FlUlctional Classification of Roadways" map in the Boynton Beach Comprehensive Plan. (3) Such development must be found compatible with adjacent uses and established design characteristics. (4) Any commercial uses shall be small-scale retail and services, primarily to serve the residents of the IPUD, and not the public in general, except for uses qualifying under "4.g." below accruing. (5) Any commercial uses must front on the arterial roadway or on an access wholly contained within the project with neither entrance nor exit on or visible from or disruptive to adjacent properties, streets, and rights-of~way. g. Marine-oriented and water dependent uses. (l) Within the lPUD district. uses shall be encouraged that increase water access and recreational opportunities to the commlUlitv, so as to support a mix of uses, water access and minimized travel distances. - 422 - (2) In addition to adherence to the other development regulations and compatibility language contained within the entire IPUD section onhe code, any marine-oriented or water dependent use shall also conform to the requirements listed herein. (3) Principal land uses may include boat and yacht clubs, and private or public marinas (see Part III. Chapter L Definitions) contin!!ent upon bein!! located within an area identified with the "Preferred" sitin!! desi!!nation by the 2007 Palm Beach County Manatee Protection Plan. However maior repairs afld boatds, or residim: OR boats, shall be prohibited in the IPUD district. Additionally, all sale or minor repair of boats, or components thereot shall only occur within a fully enclosed structure except as otherwise allowed by para!!raph #6 below. The above noted principal uses, when combined with residential uses, in which the residential component occupies 25% or more of the total land area, shall be considered permitted uses, otherwise such marine uses shall require conditional use approval. (4) Boatels and the residin!! on boats shall be prohibited within the !pun district. except that temporary stays shall be allowed for a maximum of3 ni!!hts within a 12-month period. (4) The following uses shall be allowed as accessory to one of the principal marine uses described above: boat brokerages, ship's stores, tackle shops, maritime museums or other related educational uses, restaurants, boat ramps, and other launching facilities. (5) Marine-oriented and water dependent uses shall meet all requirements of subsection "4.f." above, with the exception of "4.U 4 )". (6) No outdoor dry storing or stacking of boats or other related items shall be allowed, except that outdoor displays are allowed for sales purposes as Ion!! as the boats are restricted to !!round level display. are not visible from abuttin!! ri!!hts-of:'way or residential properties. and are not placed within landscape areas or reauired parkin!! maces. (7) Wash down and other post-use servicing shall be done within the dry storage building or within an enclosed structure (i.e. three-sided and roofed) designed and oriented to minimize external impacts. (8) Water used for flushing and other cleaning activities shall be properly pretreated prior to discharge into the stormwater system, and conservation measures shall be considered to facilitate reclamation/recycling. (9) No outdoor speakers shall be allowed other than for low volume music that is not audible on~site. (10) In addition to adhering to the City's sound regulations, no equipment. machines, or tools shall be used between the hours 01'8:00 a.m. and 6:00 p.m. that generates noise lUlique to a residential neighborhood. (11) Additional design regulations for commercial buildings and boat storage facilities. (a) Architectural integration shall be encouraged through the choice of building materials, architectural style. extensive use of windows, and choice of soft. muted colors. (b) All buildings shall incorporate 3600 architecture. a variety of massmg and building heights. and stepping roof lines. ( c) The use of standardized "corporate" architectural styles associated with chain-type businesses is prohibited. (d) To contribute to physical compatibility and minimize impacts on the residential fabric of adjacent neighborhoods. projects adjacent to residential zoning districts shall be designed with residential character. unless a superior. non-residential design can be demonstrated. Residential designs shall include. but not be limited to. a combination of actual and faux windows. balconies. porches. awnings and related architectural details. The character shall either match or compliment established architectural themes in the vicinity. ( e) All building facades shall include a repeating pattern that shall include no less than three (3) of the following elements: color change. texture change. material module change. or a change in plane of at least two (2) feet in depth. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than 30 feet. either horizontally or vertically. unless a superior design can be demonstrated at greater intervals. Recesses and projections shall be from finished grade to roofline. and be a minimum of 10 feet in width. (D As an alternative to the required facade offsets noted above. decorative and substantive roofline changes. when coupled with correspondingly aligned facade material changes. may substitute. - 423 - ( g) A minimum of two different types of building materials shall be used, with a 70 percent-30 percent ratio. A change in stucco or use of windows will not count toward meeting this requirement. (h) Articulation in parapet wall shall be required with a minimum of five (5) feet for front and side facades, and any facade oriented towards a street: and, two and one half (211z) feet for rear facades. (i) Parapet walls shall feature three dimensional cornice treatment to provide a finished look from any angle. Additionally, a parapet return IS required with a length equal to or exceeding the required parapet articulation. (i) All customer entrances to the building shall be the focal point of design. Architectural elements shall include some combination of the following improvements: pediments, lintels, columns, pilasters, porches, balconies, railings, balustrades, and ornate moldings. (k) On any retail or office building within a marine-oriented or water dependent proiect or any portion of a building devoted to such use, windows shall be of pedestrian scale, recessed and vision glass without obstruction. (1) On any retail or office building within a marine-oriented or water dependent proiect on any facade on which a customer entrance to the building is located, a minimum of 1.6 square foot of vision glass is required for each one (1) lineal foot of facade. (m) On any retail or office building within a marine-oriented or water dependent proiect on any other facade facing a public street a minimum of 0.8 square foot of vision glass is required for each one (I) foot. en) Landscaping above and beyond the regulations cited elsewhere in this code shall be required for all non-residential buildings in excess of 40,000 square feet in order to reduce the perceived scale and massing of such buildings. (0) The width of the foundation planting areas visible from streets or residential properties shall be 50 percent of the facade height. The applicant may submit an alternate planting plan that depicts the required screening/softening of the large building facades, however in no instance shall the planting area be less than 12 feet in width. (p) The height of the plant material shall be in relation to the height of the adi acent facade or wall. Further. the height of 50 percent of the required trees or palms shall be a minimum of two-thirds (2/3) of the height of the building. One (I) canopy tree or a cluster of three (3) palm trees shall be installed within the foundation planting area every 20 feet on center along each facade visible from streets or residential properties. Canopy and palm trees shall be distributed along the entire facade where foundation landscaping areas are required, with understory plant material arranged in the areas between the low growing shrubs and tree or palm canopies. The applicant may submit an alternate planting plan that depicts the rearrangement of plant material in order not to interfere with required building enhances discussed herein. (q) A perimeter landscape barrier shall be required between incompatible uses and/or zoning districts: or where there are differences in density, intensity. or building heights or mass: or for those certain uses requiring additional screening in order to shield outdoor storage or operations. The - 424 - barrier shall consist of a decorative buffer wall of at least six (6) feet in height in addition to a varietv of denselv planted trees, hedges and shrubs. In areas where sufficient width is provided or staff determines additional buffering is warranted, a berm mav be required in addition to the above regulations. (r) The applicant shall demonstrate through site design and buffering how sound associated with the non-residential components of the proiect will be mitigated. h. Compatibility with surrounding development. (1) Compatibility will be judged on how well the proposed development fits within the context of the neighborhood and abutting properties. For this purpose, elevations and cross-sections showing adjacent structures shall be included with the site plan application. (2) If vegetation, screening or other barriers and/or creative design on the perimeter of an IPUD achieve compatibility with adjacent uses, the city may grant some relief from the following two requirements: a. Any IPUD located adjacent to an existing single-family residential development(s) must locate structures ofthe same unit type or height allowed by the adjacent zoning district(s), with the exception of a use approved in accordance with subsection "4.g." above. b. Structures on the perimeter of an IPUD project, in addition to the basic setback requirements, must be set back one (1) additional foot for each one (1) in height for the perimeter structures that exceed thirty (30) feet. A structure shall be considered to be on the perimeter ifthere is no intervening building between it and the property line. (3) If an IPUD is located with frontage on the Intercoastal Waterway, conditions of approval shall include a deed restriction requiring that any dockage built will not exceed in width the boundaries ofthe project's actual frontage on the water, regardless of what any other governing or permitting entity may allow or permit. 1- Vehicular circulation. (1) Privately owned streets providing secondary vehicular circulation internal to the IPUD may be considered for approval with rights-of~way and pavement widths less than the requirements stated in the city's Land Development Regulations. However, in no case shall health, safety and/or welfare be jeopardized. (2) Roadways providing external connections to the city's street network shall meet all requirements contained in the city's Land Development Regulations. 1 Parking. For minimum parking standards and calculations, see Chapter 2, Zoning, Section 11. H. l6.e (10). K Exterior lighting. Lighting ofthe exterior, parking areas and watercraft docking facilities of the planned development shall be ofthe lowest height. intensity and energy use adequate for its purpose, and shall not create conditions of glare that extend onto abutting properties. 1. Natural features. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree growth and open space. Section 3. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Section 7. Authority is hereby given to codify this Ordinance. This Ordinance shall become effective immediately. FIRST READING this _ day of ,2009. - 425 - SECOND, FINAL READING AND PASSAGE this _ day of ,2009. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) - 426 - DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 09-068 TO: Chair and Members Planning & Development Board Michael W. Rumpf Director of Planning and Zoning October 13, 2009 Infill Planned Unit Development (IPUD) Zoning District- Marine-oriented & water-dependent uses (CDRV 09-008) Interim amendments to Land Development Regulations FROM: DATE: RE: NATURE OF REQUEST Staff is proposing interim amendments to the Land Development Regulations (LDR) that correspond with pending Comprehensive Plan text amendments. The intent of the proposed text amendments is to incorporate "surface water" provisions that support greater water access including accommodations for marina uses in the coastal area consistent with the County's Manatee Protection Plan. The proposed code amendments represent the implementing of land development regulations required by proposed Policies 1.3.1 and 7.11.7. Such amendments incorporate into the Infill Planned Unit Development District (IPUD) use provisions and development standards to guide the addition of certain marine- oriented and water-dependent uses as either mixed-use or limited single-use projects. An excerpt of proposed Policy 1.3.1 reads as follows: The Citv shall also establish land development ref!ulations that maximize land use compatibilitv and protect residential neif!hborhoods from nef!ative impacts ofsubiect uses. The proposed amendments are intended to protect residential neighborhoods from negative impacts through, in part, proper height and setback requirements, appropriate landscaping, and design and operational requirements. BACKGROUND The proposed Comprehensive Plan text amendments were initiated by city staff in July of this year, and approved by the City Commission for transmittal to the Department of Community Affairs (DCA) on September 1 st. Said amendments were drafted referencing the general theme of Florida Statutes, Chapter 163.3177(6)(a) to consider manatee protection needs, protection of working waterfronts, public access, and recreation and economic demands within the Comprehensive Plan. Further, the amendments were initiated to support economic development by increasing development options for those properties that are victims of the residential real estate crisis. To encourage both marina and other water-related uses, and particularly to accommodate such uses in a mixed-use setting, the IPUD zoning district was the target of this amendment. The key elements of the proposed Plan and Code amendments include a geographic limitation to those areas identified with the "Preferred" siting category as delineated in Palm Beach County's Manatee Protection Plan (see proposed Policy 1.3.1), and the proposed development regulations that indicate the new permitted and conditional uses, and design standards intended to maximize the compatibility of - 427 - such facilities within the varying land uses characteristic of the City's waterfront. Although marinas and other water-dependant uses proposed by these amendments are typically allowed in commercial, recreational or even use-specific zoning districts (i.e. "marina" district), the IPUD zoning district is proposed for this amendment, expanding its role as a mixed-use zoning district for the US-1 corridor, and given the proximity of property currently zoned IPUD to the "Preferred" facility siting designation as adopted in the Manatee Protection Plan. Furthermore, the IPUD zoning district is a planned district, and therefore requires the rezoning process and a master plan as part of its development review. The more thorough review and scrutiny facilitated by the rezoning process is necessary to ensure land use compatibility through the case-by-case application of both objective and subjective design standards. PROPOSED AMENDMENTS The proposed use provisions and development standards are intended to facilitate the integration of selected water dependant uses into that limited portion of the coastline identified with the "Preferred" siting designation. The proposed amendments are attached in their entirety hereto (see Exhibit "A"), with selected portions featured or referenced and explained below. The proposed land development regulations are to be incorporated into Part 3, Chapter 2. Zoning, Section 5.L. Infill Planned Unit Development. With respect to site standards, existing code is to remain unchanged with the exception of two footnotes (as underlined) that 1) add a separate minimum lot size standard for single-use projects; and 2) insert a simple reference for a section containing related provisions. Section 3. Development Standards is proposed with the simple additions as follows (see underlined text): 3. Development standards. Minimum lot area: Maximum lot area: Maximum height: development) Maximum lot coverage (building): 50% Maximum density: Determined by land use 10.8 duj ac for land classified High Density Residential (HDR) or Local Retail Commercial (LRC); or 20 dujac for lands classified Special High Density Residential Minimum usable open space per dwelling unit: 200 square feet Perimeter setbacks: Shall mirror setbacks of adjacent zoning district(s) but with a minimum of the setback required for a single-family residence, as determined by the orientation of structures in the IPUD.'::::: 1 acre':::' 5 acres 45 feet (lesser height may be required for compatibility with adjacent * Single marine-oriented and water deoendent uses reauire a minimum lot area of four (4) acres. ** Also see "4.h." below for additional requirements. The majority of the proposed changes are concentrated in a new Section 4.g, which contains standards and requirements that could be described under five (5) headings: use provisions; operational provisions; building design standards; landscaping/buffering and parking standards. Use Provisions The use provisions are specifically contained within Section 4(g)(3) and (4) which are indicated below: - 428 - (~) Princioalland uses mav include boat and vacht clubs, and orivate or oublic marinas (see Part III. Chaoter 1. Definitions). However maim reoairs and boatels, or residing on boats, shall be orohibited in the IPUD district. Additionallv, all sale or minor reo air of boats, or comoonents thereof, shall onlv occur within a fullv enclosed structure. The above noted principal uses. when combined with residential uses. in which the residential component occupies 2S% or more of the total land area. shall be considered permitted uses. otherwise such marine uses shall require conditional use approval. (4) The following uses shall be allowed as accessory to one of the orincioal marine uses described above: boat brokerages, shio's stores, tackle shoos, maritime museums or other related educational uses, restaurants, boat ramos, and other launching facilities. The proposed amendment is intended to allow for a range of water-dependent uses with an emphasis on active operations with certain service and other commercial functions being limited to an accessory, and properly regulated role. For example, major boat repairs are not allowed, and sales and minor service functions must occur within an enclosed building to avoid the associated negative aspects such as noise and visual impacts. Ooerational Provisions The operational standards and provisions are also intended to further minimize noise and visual impacts as well as to promote water quality and conservation. In summary, Section 4(g)(6-10) prohibits any outdoor storage of watercraft; requires post-use servicing to be within the principal building or in an enclosed, or partially enclosed building; requires that pretreatment measures be applied to water used in engine flushing; and promotes the consideration of water recycling or reclamation as part of its service function. Lastly, the operational requirements preclude the use of any outdoor speakers, and restricts the use of equipment that generates noise not typically generated by, and commonly accepted within, a residential neighborhood, to the hours of 8:00 a.m. and 6:00 p.m. The proposed regulations are based, in part, on staff findings from a visit to a modern marina in Deerfield Beach called Marina One. The most noticeable impacts of the operation included sounds generated by the servicing of the boats following use (e.g. engine flushing), and an audible "beeping" sound generated for safety purposes by the heavy boat-lift vehicle while backing up. Design Standards Additional design standards are proposed for application to new marine-oriented and water dependent land uses within the IPUD district. Such standards continue placing the same strong emphasis on land use compatibility as originally written into the IPUD district, with the majority of them specifically intended to optimize residential compatibility, minimize the appearance of bulk and mass, and maximize aesthetic quality. Given the potential size and mass of buildings within a marina or related use, many of the standards are based on the principals of "big box" commercial regulations by precluding large blank walls and the use of minimal materials, and requiring "360 degree architecture", residential design styles, and the use of both vision (real) glass windows and faux windows. For example, given the possible close proximity to single-family neighborhoods, Section 4.g.11(d) requires large commercial or boat storage buildings to be designed with a residential architectural style and reads as follows: (d) To contribute to ohvsical comoatibilitv and minimize imoacts on the residential fabric of adiacent neighborhoods, oroiects adiacent to residential zoning districts shall be designed with residential characte. unless a superior. non-residential design can be demonstrated. Residential designs shall include. but not be limited to. a combination of actual and faux windows. balconies. porches. awnings and related architectural details. The character shall either match or compliment established architectural themes in the vicinity. - 429 - However, recognizing the importance of flexibility and possible design options, this requirement also allows for an alternative design style which would be reviewed on a case-by-case basis. With respect to the emphasis on avoiding blank walls, Section 4.g.11 (b ), (d), (e), and (g), all require fa<;ade enhancements, whether generally or specifically, and require minimum building materials, muted colors, articulation, repeating patterns, enhanced entrances and real and faux enhancements such as windows, balconies, awnings, and porches. Landscaping Standards Additional landscaping regulations are also proposed, in addition to the screening and buffering requirements currently within the IPUD district. These additional standards are both objective and subjective and require: enhanced landscaping screening and buffering on large projects; landscaping buffer widths and tree sizes to be proportional to the building height; and application of the landscape "barrier" which is the most dense landscaping buffer design as currently defined in the City's landscaping regulations. The landscape "barrier" is intended to separate land uses with differing intensities. The proposed additional buffering requirements are found in Section 4.g.11(n), (0), (p), and (q). Parking Standards The City's parking space requirements are within Part III, Chapter 2, Section 11.H.16 of the Land Development Regulations, and Section H.16.e(10) contains the sole parking ratio applicable to marinas; One (1) parking space per boat slip. As this standard is primarily applicable to wet slips and active marinas, and is not sensitive to lower parking requirements of indoor (dry) storage uses as well as other operational components of private marinas, staff proposes to amend and expand Subsection "e(10)" to require the following parking space ratios: . One (1) parking space per five (5) wet or dry storage slips; and . One (1) parking space per 500 square feet of boat showroom. As for the more active and intensive parking users of marinas, requiring at least a 1 per 1 ratio, Subsection "e(ll)" of the current regulations will remain unchanged and applies to charter, drift fishing, and sightseeing boats requiring a minimum of one (1) parking space per three (3) seats within a watercraft. Whereas current regulations are tailored more for public, outdoor and/or "working" marinas, the proposed amendments are written to require minimum parking at private marinas containing a combination of principal components such as dry storage, boat sales, and wet slips, and are intended to avoid excessive parking by accounting for operational and use characteristics including accessory components such as meeting or club facilities, supply stores, and office and administrative space. CONCLUSIONS/RECOMMENDA TION Currently, marina uses are allowed within the CBD, C-3 and mixed-use zoning districts; however, dry storage, often a typical component of private marinas, is not allowed within the CBD and mixed use districts. As indicated above, the IPUD district is being targeted for this amendment given its intended application along certain segments of the City's waterfront, its proximity to the "Preferred" facility siting designations as adopted in the County's Manatee Protection Plan, the opportunity to combine such uses within a mixed-use setting and/or within a planned (master planned) project, and given the opportunity to increase the development or redevelopment potential of properties that have been affected by the residential real estate crisis. Although compatibility with residential neighborhoods continues to be a priority, it should be noted that the land use characteristics along that portion of the shore - 430 - designated for marinas is varied and includes a mix of 2 isolated single-family neighborhoods, townhomes, multi-family projects, two public parks (1 with boat ramps), vacant property and spotted commercial uses along US-1 (see Exhibit "B"). Furthermore, an older marina exists in this vicinity, just north of the City's boundary and abutting The Peninsula project. With the application of the proposed standards and provisions, including all requirements and reviews necessary to maximize compatibility of land uses, staff promotes the subject amendments as an improvement to the IPUD zoning district and corridor, and mechanism to promoting desirable development activity and growth in the City's tax base. MR Attachments S:\Planning\SHARED\ WP\SPECPROJ\CODE REVIEW\CDRV 09-008 Water-dependent uses\Statfreport - water related uses in IPUD.doc - 431 - EXHIBIT A 10/19/2009 1. INFILL PLANNED UNiT DEVELOPMENT (IPUD). The InfiH Planned Unit Development (IPUD) District standards and regulations are created for the purpose of allowing flexibility to accommodate infill and redevelopment on parcels less than five (5) acrcs in size. Parcels five or more acres in size shall comply with nonnal Planned Cnit Development regulations found in Chapter 2.5 of the Land Development Regulations. 1. Intent and expectations. a. The IPUD regulations arc intended to be used in situations where new development or redevelopment is proposed within an already developed area or neighborhood located in the Federal Hig/nvay Corridor Community Redevelopment Plan, Study Areas I and V. A mixture of uses including residential, retail commercial and office, may be allowed to the extent tllat no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensivc Plan will be followed. This district is also intended to promote water access and recreational opportunities with accommodations of uses including marine-oriented and water dependent uses in both mixed-use developments l;llJ~Jjm~ted single-use proiects. b. It is a basic public expectation that landowners requesting the use ofthe IPUD district will develop design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parking Jot and circulation design, and setbacks, will be dependent on how well the above-stated plmming expectations are met in the proposed development plan. c. The IPUD shall minimize adverse impacts on surrounding property. The city is not obligated to automatically approve the level of development intensity requested for the TPlm. Instead, it is expected to approve on 1y such level of intensity that is appropriate for a particular location in terms of land use compatibilities. The city may require, as a condition of approval any limitation condition, or design factor that will provide a reasOnahle transition (0 adjaeerit development. d. In order to be approved, an IPUD project must be compatible with and preserve the character of adjacent residential neighborhoods. Further, it must be an enhancement to the local area and the city in general. Presentation of projects that fail to do so will be denied. e. Each lPUD project is independent and will be evaluated solely 011 its own merits. The inclusion of certain features in a previously approved IPUD proj ect will not be entertaincd as a valid argument for the inclusion of that same feature in any other IPUD project iIthe city decides to reject those features. - 432 - 10/19/2009 2. Application process. a. The procedures and requirements for applying for rezoning to the IPUD district are the same as those for rezoning to tne Plm district as stated in Chapter 2.5, Section 10, of the Land Development Regulations_ b. When the IPl;1) is to be developcd in a single phase, the site plan for the development may also represent the master plan. c. The entire property proposed for development as an IPUD shall be under cornman ovmership or unified control, so as to ensure unified development. 3. Development standards. Minimum lot area: 1 acre': Maximum lot area: 5 acres Maximum height: 45 feet (lesser height may be required for compatibility with adjacent development) Maximum lot coverage (building): 50% Maximum density: Determined by land use 10.8 du/ac for land classified High Density Residential (HDR) or Local Retail Commercial (LRC); or 20 du/ac for lands classified Special High Density Residential Minimum usable open space per dwelling unit: 200 square feet Perimeter setbacks: Shall mirror setbacks of adjacent zoning district(s) but with a minimum of the setback required for a single-family residence, as determined by the orientation of stmctures in the IPUD. ** * Single marine-oriented and water dependent uses require a mininllun lot area of [our (4) acres. ~~____Als_Q___~ge':.4,h,"_I:J~JQ~JQI_~ddi ti on al requi remenrs. 4. Additional standards. a. Building design elements. (1) Massing. The proportions and relationships of the vmious architectural components of the buildings should be utilized to ensure compatibility with the scale of other development in the vicinity. The buildings should not detract from or dominate the surrounding area. (2) Materials. A variety of materials must be utilized to provide visual intcrcst to the buildings. Colors and materials must be selected for compatibility with the site and the neighboring area. The exterior building design must be coordinated on all elevations with regard to color, materials, mchitectural form, and detailing to achieve design hmmony and continuity. 2 - 433 - 10/19/2009 (3) Articulation. Well-articulated buildings and architectural interest and variety to the massing of a building and help break up the monotonous facades. A variety of featmcs must be incorporated into the design of the buildings 10 provide sufficient articulation of the facades. This may be achieved by incorporating the use of vertical and/or horizontal reveals, step backs, modulation, projections, roof detailing, and three dimensional details between surface planes to create shadO\v line and break up flat surface areas. (4) Overall design. Design of the project shall be tailored to the specific site and shall take into consideration the protection and enhancement of any natural features of or adjacent to the site as an element in the overall design. b. Scrccning and buffering. (1) Appropriate screening and buffering will be required. (2) Such screening must shield neighboring properties from any adverse effects of the proposed development (3) Screening and buffering must also be used to shield the proposed development from the negative impacts of adjacent uses. (4) Special emphasis should be placed on screening the intrusion of automobile headlights on neighboring properlies from parking areas and driveways. c. Pedestrian circulation. (1) Pedestrian circulation should be careful1y planncd to prevent pedestrian use of vehicular ways and parking spaces. (2) In all cases, pedestrian access shall be provided to public walkways. (3) Pedestrian circulation design shall promote interconnectivity within and between land uses to discourage unnecessary use of the automobile and reduce vehicle miles traveled. d. Usable open space. (1) Shall be required for residential development projects and mixed-use residential projects; (2) Shall include active or passive recreational space; (3) Shal1 not be occupied by streets, drives, parking arcas, or slructures other than recreational structures; 3 - 434 - 10/19/2009 (4) Shall he designed to be available and accessible to every dwelling Ul1it proposed; (5) Shall, where feasible, be centrally located in the development; and (6) ShaH not include private courtyards natural areas and water bodies. e. Trash collection. (1) Special emphasis shall be placed on trash collection points. (2) Trash containers or dumpsters must be screened and designed such that they arc not visible [rom or disruptive to adjacent properties, streets, and rights-of-way while still being convelliently accessible to their users and collectors. (3) Dumpsters or trash containers sna11110t be located within setbacks abutting single-family residential developments. f. Mixed land uses. (1) Within the IP1JD district, mixed land uses may be proposed. (2) Commcrcial uses shall only be allowed for developments fronting on streets classified as "arterial" on the "Functional Classification of Roadways" map in the Boynton Beach Comprehensive Plan. (3) Such dcvelopment must be found compatible with adjacent uscs and established design characteristics. (4) AllY commercial uses shall be small-scale retail and services, primarily to serve the residents of the IPUD, and not the public in general, except for uses qllalifyinr; under "4.g." below. (5) Any commercial uses must fi'onl on the alterial roadway or on an access wholly contained within the project with neither entrance nor exit on or visible from or disruptive to adjacent properties, streets, and rights-of-way. g. Marine-miented al1d water dependent uses. (n Within the IPUD district, uses shall be encouragegtUfltm<,:rease water acce~~.~!JlgI~fl.'~:lti9_nal opportullities to the community. so as to_~IJP..R9J1 a mix of uses, Y{:lt~~T<,l99.~,s.L<lJl.d minimized travel distances. (2) In addition to adherence Lo the other development regulations and compatibilitv language contained witrin the entire IPUD sectiOI:\9Uht:'. code, any marine- orientecl.QrY{.<!tc,:Lcl~endent use shall also confonn with the regllirc,:ments listed herein. 4 - 435 - 10119/2009 0) Principal land llses may include hoat and yacht clubs, and private or public marinas (see Part III, Chapter 1, Definitions). However major repairs and boatels, or residing on boats, shall bc prohibited in the I'pUD district. Additionally, all sale or minor repair of boats, or components thereof shaltQ.nlv occur within a fully encJ9i>~cl structure. ''[h~i)J~9venoted principal uses, whQ]}Qgmpined with residentiat!ti>9'i,jP. whiCh the resjgmti<lJ component occupies 25% or more oftne total land area, shall be considered permitted uses, othcrwise such marine uses shall rcyuire conditional use approval. (4) The following uses shall be._<lU9'^::9d as accessorv to on\<.QLt~ nrincipa1 111.;lXin9JIses described above: boat brQ!:c9r:igeS, ship's stores, tackle shops, maritime Il)Jt$~WDS or other related educational uses, restaurants, boat ramps, and other launching facilities. (5) Maline-oriented and water d(O;P~ncl.ent uses shall meet al.Lr~gl,lirements of subsect.i9.!1.'~.4J" above. with the exception 9L.'.'4. f. (4)". (6) No outdoor dry storing or stackini!, o[boats or other related itcms shall be allowed. (7) Wash down and oth~LPQ.st-use servicing shaH.g.e done within the dry ~1Qgg~J~uilding or within an enclosed.i>l!JJgture (i.e. three-sided and roofed) designed and oriented to minimize extcmal impacts. (8) Water used for flushing and other cleaning actjyit!es shall be properl" metreated prior to discharge into l!JQ"tormwater system, anQfQDservation measures sh<!ll j;J.~ considered to facilitate rec!.~m~ti9n/recvcling. (9) No outdoor speakers shall be allowed other than lor low volume music that is not audible off-site. (10) In aqgjtigll to adhering to the Citv'_s"ound regulations, no equipment, machines. or tools shall be used between the bours of 8:00 a.m. and 6:00 p.m. that gencrates noise unique to a residential neighborhood. {II) Additional design regulationQ.fQIs~ommercial building"..::mcl boat storage faci1iti~$, (a) Architectural integration shall bc encouraged through the choice of building materials, al"Cllitectural style, extensive use of windows. and choice of soft, muted colors. (h) All buildine,s shall incorporate 3600 architecture. a variety of massing and building heights, and stepping roof lines. (c) The use of standardized "corporate" arcbitecturali>t;(Jl:;s associated 5 - 436 - lO/19/2009 with chain-tvpc businesses is prohibited. (d) To contribute to physical compatibility and minimize impacts on (11",. residential fabric of adjacent neighborhoods, proiects adjacent to resj(lenti!!L2;Q.ning districts shall be designed with residential charactet, unless a s1JQr,;IiQr,.BQn=r:",~i\l",IJtLaJ design can be demonstrated. Residential designs shall include, but not be limited to, a combination of actual and faux windows, balconies, porches. awnings and related architectural details. The character shall either match or compliment established architectural themes in the vicinity. (e) All building facades shall include a repeating nattem that shall include no less than three (3) of the following elements: color change, texture change, material module change. or a change in plane of at least two (2) feet in depth. At least one of these elements shall repeat horizontallv. All elements shall repeat at int~IT!!L~.J,lLBQ J::n9:reltJ.an 30 feet. either horizontally or vertically. unless a su]]eriQr...QpsigIU;;m_ be demonstrated at greater intervals. Recesses and projections shall be from finished grade to rootline. and be a minimum of 10 feet in width. (1) As an alternative to the required facade offsets noted above, decorative and substantive rootline changes. when coupled with,.99IT(';,r:>12ondingly aligned facade material changes, may substitute. (c) A minimum of two different types of building materials shall be used. with a 70 perccnt-30 percent ratio. A chall>!'e in stucco or use of windows will nol count toward meeting this requirement (h) Articulation in parapet wall shall be required with a minimum of five (5) feet for front and side facades. and any facade oriented towards a street; and, two and one half (2Y2) feet for rear facades. (i) Parapet walls shall featl![~Jhr:e"'J:iimensional cornice treatment. to provide a finished look from any angle. AqlitigBaIlY. a parapet reUlrn is required with a lcngth equal to or exceeding the required parapet articulation. (j) All customer entrances to the building shall be the focal point of design. Architectural elements _ shalLjD~l~g~_ some combination of the following improvements: vediments,_Ji.nte!r;;,..S:91umns. pila<>ters. porches. balconies. railings. balustrades. and ornate moldings. (1;:) On any retail or office building within a marine-oriented or water dependent project. or any portion of a buildingj;iey()t~(:LJo such use. windows shall be of pedestrian scale. recessed and vision glass witho]JtQ.b~tl}.lction. (1) On any retail or office building within a marine-oriented or water dependent proiect. on any facade on which a customer entrance to the building is located, a minimum of 1.6 suuare foot of vision glass is required for each one (1 ) lineal foot of 6 - 437 - 10/19/2009 .f,wa9,~ (m'l On an\' retail or office building within a marine-oriented or water dependent proiect, on any other facade facing a public street. a minimum of 0.8 square foot of vision glass is required for each one (I) foot. (n) L,andscaping above and beyond the regulations cited elsewhere in this code shall be required for all non-residential buildings in excess of 40,000 square feet in order to reduce the perceived scale and massim~ of such.p.llilq,iJ.!@,. (9) The width of the foundation pl;;mJipg areas visible from streets or residential properti es shall be 50 percent of the facade height. The applicant may submit an altemate planting plan that depicts the required screening/softening of the large building facades. however in no instance shall the planting area be less than 12 feet in width. (N) . The hei ght of the plant material shall be ill relation to the height of the adjacent facade or walL Fmiher, the height of 50 nereellt of the required trees or palms shall be a minimum of two-thirds (2/31 of the height of the building. One (1'1 canopy tree or a cluster of three (3'1 palm trees shall b~il;).l;t:l:lled within the fOU!ldation planting _m:Q!:l-~(,';y.;;;ry 20 feet on center along each facag.~.yisible ITom streets or residenti<!l ~tli~~,__CanonY and palm trees shall be distributed along the entire fa~.ade where foundation landscaning areas arc rCQuired, with understory plant material arranged in the areas between the low growing shrubs and tree or palm canopies. The applicant mav submit an altemate planting plan that depicts the rearrangement of plant material in order not to interfere with r.s<gJdir~g building enhances discussed her()ill, (q) A perimeter landscape barrier shall be required between incompatible uses and/or zoning districts: or where there are differences in density. intensity. or building heights or mass: or for those certain uses requiring additional screening in ol'der to shield outdoor storage or operatiQp'~. The barrier shall consist of a deeoratiy~J)lln~r wall of at least six (6) reet in htight,jn addition to a variety of densely rlantyc,tJrees, hedges and slmlbs. In areas where sufficient width is provided or staff determines additional buffcrinl! is warranted, a beml mav be rcquired in addition to the above regulations. Ir) The applicant shall demonsJrfltyJhrough site design and buff"png hQW~911nd associated 'With the non-residential components of the proiect will be mitigated. h. Compatibility with surrounding development. (1) Compatibility will be judged on how well the proposed development fits within the context of the neighborhood and abutting properties. For this purpose, 7 - 438 - 10/19/2009 elevations and cross-sections showing adjacent structurcs shall be included with the site plan application. (2) If vegetation, screening or other barriers and/or creative design on the perimeter of an IPUD achieve compatibility with adjacent uses, the city may grant some relieffrom the following two rcquirements: a. Any IPUD located adjacent to an existing single-family residential deve10pment(s) must locate structures of the same unit type or height allowed by the adjacent zoning district(s), with the exception of a use approved in accordance with subsection "4.g." ahove. b. Structures on the perimeter of an IPUD proj ect, in addition to the basic setback requirements, must be set back one (1) additional foot for each one (1) in heigbt for tbe perimeter stmctures that exceed thirty (30) feet. A structure shaJ.Lbs; considered to be on the perimeter if there is no intervening buildinll between it and the propelty linc. (3) If an IPUD is located with frontage on the Intercoastal Waterway, conditions of approval shall inelude a deed restriction requiring that any dockage built wi11not exceed in width the boundaries ofthe project's actual frontage on tbe water, regardless of what any otber governing or permitting entity may allow or penuit. 1. Vehiculal' circulation. (l) Privately o\Nued streets providing secondary vehicular circulation internal to the IPUD may be considered for approval witl1 rights-of-way and pavement widths less than the requirements stated in the city's Land Development Regulations. However, in no case shall health, safety and/or welfare be jeopardized. (2) Roadways providing external connections to the city's street network shall meet all requirements contained in the city's Land Development Regulatiol1s. i. Parking. For minimum parking standards and calculations, see Chapter 2, Zoning. Section II. H. 16.e (10). k. Exterior lighting. Lighting ofthe exterior, parking areas and watercraft docking facilities of the planned development shall be of the lowest height, intensity and energy use adequate for its purpose, and shall not create conditions of glare that extend onto abutting properties. }. Natural features. The physical attributes of the site shall he respected witb particular concern for preservation of natural featmes, tl'ee growth and open space. 8 - 439 - EXHIBIT B Zoning and "Preferred" Boat Siting Designations o 62.5125 250 375 500 Feet - 440 - 12. B LEGAL January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 D ANNOUNCEM ENTS/PRESE NTA TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA i:8J LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE 09-048 -- SECOND READING - Parking requirements for dry boat storage and private marinas (CDRV 09-008). Request to amend Part III, Chapter 2, Zoning, Section 11.H.16(e)(10) to add separate parking standards for private marinas including dry boat storage. This amendment is in conjunction with the related amendments to the IPUD zoning district for marine-oriented and water-dependant uses, as processed by Ordinance 09- 044. EXPLANATION OF REQUEST: Staff memorandum No. 09-068 is attached (less the exhibits which do not relate to the proposed parking amendments) describe the proposed amendments in association with the pending changes to the IPUD zoning district (CDRV 09-008). The staff report describes the parking requirements that would correspond with the private marinas and dry storage uses to be accommodated by Ordinance 09-044. The accompanying amendments to the City's parking standards affect a separate section of Chapter 2. Zoning, and therefore are codified by a separate ordinance. Current parking standards only apply to more intensive and active marinas limited to wet slips intended to accommodate commercial vessels used for drift fishing, sightseeing, diving, or for rent or charter. The proposed changes would accommodate the less-intensive, private marinas with dry storage, wet slips primarily used for temporary storage of boats, and sales showrooms. The proposed changes would insert the following ratios into the City's parking requirements, as applicable to private marinas that exclude commercial vessels and related businesses: One (1) parking space per five (5) wet or dry storage slips; and One (1) parking space per 500 square feet of boat showroom - 441 - The Planning & Development Board and City Commission first reviewed these proposed changes in October and November, as part of their review of the greater amendments to the IPUD district regulations. The Board forwards them to the Commission with a recommendation of approval. The subject amendments are city-initiated, and are therefore supported by city staff. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Possible benefit to property tax base with the ultimate development of vacant, under-utilized, or inactive property. ALTERNATIVES: Not approve or approved with changes. - 442 - ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 2 "ZONING", SECTION 1l.H.16.e(10) OF THE CITY OF BOYNTON BEACH LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR PARKING REQUIREMENTS FOR MARINAS THAT DO NOT HA VE COMMERCIAL VESSELS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Development Department has made recommendations to amend the Land Development Regulations to provide for parking requirements for marinas that do not have commercial vessels; and WHEREAS, the City Commission has considered the recommendations and finds that the amendments will be an improvement to the IPUD zoning district and corridor, and provide the ability for non-commercial marinas to provide services to the public. WHEREAS, the City Commission finds that the proposed amendment is in the best interests of the public's health, safety, and welfare, and provides a mechanism to promoting desirable development activity and growth in the City's tax base. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clause is true and correct and is now ratified and confirmed by the City Commission. Section 2. That Chapter 2, "Zoning", Section 11.H.16.e(IO) of the City of Boynton Beach Land Development Regulations is hereby amended to read as follows: (10) Marinas: One (1) parking space per boat slip, plus required parking spaces for any other principal uses, including hotels and motels, restaurants, retail floor area, Charter boats, sightseeing boats, drift fishing boats, and outdoor lots occupied by boats for sale or for rent. Marinas without commercial vessels: One (1) parking space per five (5) wet or dry storage slips. and one (1) parking space per 500 square feet of boat sales showroom. Section 3. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. - 443 - Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this _ day of ,2009. SECOND, FINAL READING AND PASSAGE this _ day of ,2009. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) - 444 - DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 09-068 TO: Chair and Members Planning & Development Board Michael W. Rumpf Director of Planning and Zoning October 13, 2009 Infill Planned Unit Development (IPUD) Zoning District- Marine-oriented & water-dependent uses (CDRV 09-008) Interim amendments to Land Development Regulations FROM: DATE: RE: NATURE OF REQUEST Staff is proposing interim amendments to the Land Development Regulations (LDR) that correspond with pending Comprehensive Plan text amendments. The intent of the proposed text amendments is to incorporate "surface water" provisions that support greater water access including accommodations for marina uses in the coastal area consistent with the County's Manatee Protection Plan. The proposed code amendments represent the implementing of land development regulations required by proposed Policies 1.3.1 and 7.11.7. Such amendments incorporate into the Infill Planned Unit Development District (IPUD) use provisions and development standards to guide the addition of certain marine- oriented and water-dependent uses as either mixed-use or limited single-use projects. An excerpt of proposed Policy 1.3.1 reads as follows: The Citv shall also establish land development ref!ulations that maximize land use compatibilitv and protect residential neif!hborhoods from nef!ative impacts of subiect uses. The proposed amendments are intended to protect residential neighborhoods from negative impacts through, in part, proper height and setback requirements, appropriate landscaping, and design and operational requirements. BACKGROUND The proposed Comprehensive Plan text amendments were initiated by city staff in July of this year, and approved by the City Commission for transmittal to the Department of Community Affairs (DCA) on September 1 st. Said amendments were drafted referencing the general theme of Florida Statutes, Chapter 163.3177(6)(a) to consider manatee protection needs, protection of working waterfronts, public access, and recreation and economic demands within the Comprehensive Plan. Further, the amendments were initiated to support economic development by increasing development options for those properties that are victims of the residential real estate crisis. To encourage both marina and other water-related uses, and particularly to accommodate such uses in a mixed-use setting, the IPUD zoning district was the target of this amendment. The key elements of the proposed Plan and Code amendments include a geographic limitation to those areas identified with the "Preferred" siting category as delineated in Palm Beach County's Manatee Protection Plan (see proposed Policy 1.3.1), and the proposed development regulations that indicate the new permitted and conditional uses, and design standards intended to maximize the compatibility of - 445 - such facilities within the varying land uses characteristic of the City's waterfront. Although marinas and other water-dependant uses proposed by these amendments are typically allowed in commercial, recreational or even use-specific zoning districts (i.e. "marina" district), the IPUD zoning district is proposed for this amendment, expanding its role as a mixed-use zoning district for the US-1 corridor, and given the proximity of property currently zoned IPUD to the "Preferred" facility siting designation as adopted in the Manatee Protection Plan. Furthermore, the IPUD zoning district is a planned district, and therefore requires the rezoning process and a master plan as part of its development review. The more thorough review and scrutiny facilitated by the rezoning process is necessary to ensure land use compatibility through the case-by-case application of both objective and subjective design standards. PROPOSED AMENDMENTS The proposed use provisions and development standards are intended to facilitate the integration of selected water dependant uses into that limited portion of the coastline identified with the "Preferred" siting designation. The proposed amendments are attached in their entirety hereto (see Exhibit "A"), with selected portions featured or referenced and explained below. The proposed land development regulations are to be incorporated into Part 3, Chapter 2. Zoning, Section 5.L. Infill Planned Unit Development. With respect to site standards, existing code is to remain unchanged with the exception of two footnotes (as underlined) that 1) add a separate minimum lot size standard for single-use projects; and 2) insert a simple reference for a section containing related provisions. Section 3. Development Standards is proposed with the simple additions as follows (see underlined text): 3. Development standards. Minimum lot area: Maximum lot area: Maximum height: development) Maximum lot coverage (building): 50% Maximum density: Determined by land use 10.8 duj ac for land classified High Density Residential (HDR) or Local Retail Commercial (LRC); or 20 dujac for lands classified Special High Density Residential Minimum usable open space per dwelling unit: 200 square feet Perimeter setbacks: Shall mirror setbacks of adjacent zoning district(s) but with a minimum of the setback required for a single-family residence, as determined by the orientation of structures in the IPUD.'::::: 1 acre':::' 5 acres 45 feet (lesser height may be required for compatibility with adjacent * Single marine-oriented and water deoendent uses reauire a minimum lot area of four (4) acres. ** Also see "4.h." below for additional requirements. The majority of the proposed changes are concentrated in a new Section 4.g, which contains standards and requirements that could be described under five (5) headings: use provisions; operational provisions; building design standards; landscaping/buffering and parking standards. Use Provisions The use provisions are specifically contained within Section 4(g)(3) and (4) which are indicated below: - 446 - (~) Princioalland uses mav include boat and vacht clubs, and orivate or oublic marinas (see Part III. Chaoter 1. Definitions). However maim reoairs and boatels, or residing on boats, shall be orohibited in the IPUD district. Additionallv, all sale or minor reoair of boats, or comoonents thereof, shall onlv occur within a fullv enclosed structure. The above noted principal uses. when combined with residential uses. in which the residential component occupies 2S% or more of the total land area. shall be considered permitted uses. otherwise such marine uses shall require conditional use approval. (4) The following uses shall be allowed as accessory to one of the orincioal marine uses described above: boat brokerages, shio's stores, tackle shoos, maritime museums or other related educational uses, restaurants, boat ramos, and other launching facilities. The proposed amendment is intended to allow for a range of water-dependent uses with an emphasis on active operations with certain service and other commercial functions being limited to an accessory, and properly regulated role. For example, major boat repairs are not allowed, and sales and minor service functions must occur within an enclosed building to avoid the associated negative aspects such as noise and visual impacts. Ooerational Provisions The operational standards and provisions are also intended to further minimize noise and visual impacts as well as to promote water quality and conservation. In summary, Section 4(g)(6-10) prohibits any outdoor storage of watercraft; requires post-use servicing to be within the principal building or in an enclosed, or partially enclosed building; requires that pretreatment measures be applied to water used in engine flushing; and promotes the consideration of water recycling or reclamation as part of its service function. Lastly, the operational requirements preclude the use of any outdoor speakers, and restricts the use of equipment that generates noise not typically generated by, and commonly accepted within, a residential neighborhood, to the hours of 8:00 a.m. and 6:00 p.m. The proposed regulations are based, in part, on staff findings from a visit to a modern marina in Deerfield Beach called Marina One. The most noticeable impacts of the operation included sounds generated by the servicing of the boats following use (e.g. engine flushing), and an audible "beeping" sound generated for safety purposes by the heavy boat-lift vehicle while backing up. Design Standards Additional design standards are proposed for application to new marine-oriented and water dependent land uses within the IPUD district. Such standards continue placing the same strong emphasis on land use compatibility as originally written into the IPUD district, with the majority of them specifically intended to optimize residential compatibility, minimize the appearance of bulk and mass, and maximize aesthetic quality. Given the potential size and mass of buildings within a marina or related use, many of the standards are based on the principals of "big box" commercial regulations by precluding large blank walls and the use of minimal materials, and requiring "360 degree architecture", residential design styles, and the use of both vision (real) glass windows and faux windows. For example, given the possible close proximity to single-family neighborhoods, Section 4.g.11(d) requires large commercial or boat storage buildings to be designed with a residential architectural style and reads as follows: (d) To contribute to ohvsical comoatibilitv and minimize imoacts on the residential fabric of adiacent neighborhoods, oroiects adiacent to residential zoning districts shall be designed with residential characte. unless a superior. non-residential design can be demonstrated. Residential designs shall include. but not be limited to. a combination of actual and faux windows. balconies. porches. awnings and related architectural details. The character shall either match or compliment established architectural themes in the vicinity. - 447 - However, recognizing the importance of flexibility and possible design options, this requirement also allows for an alternative design style which would be reviewed on a case-by-case basis. With respect to the emphasis on avoiding blank walls, Section 4.g.11 (b ), (d), (e), and (g), all require fa<;ade enhancements, whether generally or specifically, and require minimum building materials, muted colors, articulation, repeating patterns, enhanced entrances and real and faux enhancements such as windows, balconies, awnings, and porches. Landscaping Standards Additional landscaping regulations are also proposed, in addition to the screening and buffering requirements currently within the IPUD district. These additional standards are both objective and subjective and require: enhanced landscaping screening and buffering on large projects; landscaping buffer widths and tree sizes to be proportional to the building height; and application of the landscape "barrier" which is the most dense landscaping buffer design as currently defined in the City's landscaping regulations. The landscape "barrier" is intended to separate land uses with differing intensities. The proposed additional buffering requirements are found in Section 4.g.11(n), (0), (p), and (q). Parking Standards The City's parking space requirements are within Part III, Chapter 2, Section 11.H.16 of the Land Development Regulations, and Section H.16.e(10) contains the sole parking ratio applicable to marinas; One (1) parking space per boat slip. As this standard is primarily applicable to wet slips and active marinas, and is not sensitive to lower parking requirements of indoor (dry) storage uses as well as other operational components of private marinas, staff proposes to amend and expand Subsection "e(10)" to require the following parking space ratios: . One (1) parking space per five (5) wet or dry storage slips; and . One (1) parking space per 500 square feet of boat showroom. As for the more active and intensive parking users of marinas, requiring at least a 1 per 1 ratio, Subsection "e(ll)" of the current regulations will remain unchanged and applies to charter, drift fishing, and sightseeing boats requiring a minimum of one (1) parking space per three (3) seats within a watercraft. Whereas current regulations are tailored more for public, outdoor and/or "working" marinas, the proposed amendments are written to require minimum parking at private marinas containing a combination of principal components such as dry storage, boat sales, and wet slips, and are intended to avoid excessive parking by accounting for operational and use characteristics including accessory components such as meeting or club facilities, supply stores, and office and administrative space. CONCLUSIONS/RECOMMENDA TION Currently, marina uses are allowed within the CBD, C-3 and mixed-use zoning districts; however, dry storage, often a typical component of private marinas, is not allowed within the CBD and mixed use districts. As indicated above, the IPUD district is being targeted for this amendment given its intended application along certain segments of the City's waterfront, its proximity to the "Preferred" facility siting designations as adopted in the County's Manatee Protection Plan, the opportunity to combine such uses within a mixed-use setting and/or within a planned (master planned) project, and given the opportunity to increase the development or redevelopment potential of properties that have been affected by the residential real estate crisis. Although compatibility with residential neighborhoods continues to be a priority, it should be noted that the land use characteristics along that portion of the shore - 448 - designated for marinas is varied and includes a mix of 2 isolated single-family neighborhoods, townhomes, multi-family projects, two public parks (1 with boat ramps), vacant property and spotted commercial uses along US-1 (see Exhibit "B"). Furthermore, an older marina exists in this vicinity, just north of the City's boundary and abutting The Peninsula project. With the application of the proposed standards and provisions, including all requirements and reviews necessary to maximize compatibility of land uses, staff promotes the subject amendments as an improvement to the IPUD zoning district and corridor, and mechanism to promoting desirable development activity and growth in the City's tax base. MR Attachments S:\Planning\SHARED\ WP\SPECPROJ\CODE REVIEW\CDRV 09-008 Water-dependent uses\Statfreport - water related uses in IPUD.doc - 449 - 12. C LEGAL January 5, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 5,2010 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA i:8J LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 10-002 - FIRST READING -- Approve changes to the Sewer Use Ordinances as per the revised Industrial Waste and Pretreatment Agreement between the City of Boynton Beach, the South Central Regional Wastewater Treatment and Disposal Board and the City of Delray Beach. EXPLANATION OF REQUEST: The revised Industrial Waste and Pretreatment Agreement between the City of Boynton Beach, the South Central Regional Wastewater Treatment and Disposal Board and the City of Delray Beach was approved at the November 3,2009 Commission meeting. Incorporation of these new requirements/limits is a FDEP requirement and, therefore, requires an amendment to the City's Ordinance. The requisite amendments are summarized as follows: Section of Industrial Waste and FDEP Regulation Requiring City Code Section Summary of Amend ment Pretreatment Agreement Requiring Amendment Amendment Section 26-115 (po.3; po.11 add definition for "TTO" Section 4 (po.8) 40 CFR 403 remove rule for water containing Section 26-143 (Ll ammonia Section 11 . B) 3 40 CFR 403 remove rule for water containing Section 26-147(b)(1)c. ammonia Section 11 . B) 3 40 CFR 403 correct tabled values for calculation Section 26-162(2)(c)(1) of sewer discharge Section 10. 0)(16). 0)(17). 0)(18) 40 CFR 403 add FOEP required language via Rule 62-625.500(2)(a). FAC.' and Section 26-169 (intro) intro paragraph N1A Section 10.4 of the Model Ordinance2 correct referenced sections and add Rule 62-625.400(1)(b). FAC. and Section 26-172 FOEP required language N1A Section 13.2 of the Model Ordinance maKe rUt::t-' reqUlrea language KUle oL- . r.A.L; ana Section 26-177(d) revisions to (d) N1A Section 6.8 of the Model Ordinance 1 _ Florida Administrative Code 2 _ Model Ordinance refers to the 1992 Model Pretreatment Ordinance (EPA 833-B-92-003) prefBred by the U.S. EPA Office of Wastewater Enforcement and Compliance. Permits ~ivision. A copy of the model ordinance can be found in the State of Florida Guidance Manual for Pretreatment Programs. A table referencing the new limits is also attached as backup. - 450 - How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: None ALTERNATIVES: Do not amend the City's Ordinance. However, this will create confusion and possible violations due to outdated pretreatment limits. - 451 - ORDINANCE NO. 010- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 26. WATER, SEWERS AND CITY UTILITIES, ARTICLE IV, SEWERS AMENDING DIVISION 4. INDUSTRIAL AND COMMERCIAL WASTE TO INCORPORATE THE NEW REQUIREMENTS CONTAINED IN THE REVISED INDUSTRIAL WASTE AND PRETREATMENT AGREEMENT TO COMPLY WITH FDEP REQUIREMENTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, on November 3, 2009, the City of Boynton Beach approved a revised Industrial Waste and Pretreatment Agreement between the City of Boynton Beach, the South Central Regional Wastewater Treatment and Disposal Board and the City of Delray Beach; and WHEREAS, the Florida Department of Environmental Protection requires that these new limits/requirements contained in the revised Industrial Waste and Pretreatment Agreement be incorporated in the City's Code of Ordinances; and WHEREAS, the City Commission of the City of Boynton Beach, Florida has determined that it is in the best interests of the citizens and residents of the City to amend Division 4 of Chapter 26, clarifying certain subdivisions and bringing others into compliance pursuant to the revised Industrial Waste and Pretreatment Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section l. by this reference. Section 2. Each Whereas clause set forth above is true and correct and incorporated herein That Chapter 26, Article IV, Sewers, Division 4 is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: CHAPTER 26: WATER, SEWERS AND CITY UTILITIES SECTION 4. INDUSTRIAL AND COMMERCIAL WASTE - 452 - 26.115 Definitions The following abbreviations, when used in this ordinance, shall have the designated meanings: BOD CFR COD DEP EPA FAC gpd mg/l NPDES POTW RCRA SIC TSS Biochemical Oxygen Demand Code of Federal Regulations Chemical Oxygen Demand Department of Environmental Protection United States Environmental Protection Agency Florida Administrative Code gallons per day milligrams per liter National Pollutant Discharge Elimination System Publicly Owned Treatment Works Resource Conservation and Recovery Act Standard Industrial Classification Total Suspended Solids USC WWF United States Code Wastewater F acili ty For the purpose of this chapter, all definitions shall be applied and interpreted in accordance with 40 CFR 403, as amended. "Act" and "The Act". The Federal Water Pollution Control Act, also known as the Clean Water Act of 1977, as amended, 33 U.S.C. 1251, et seq. "Approval Authority". The Florida Department of Environmental Protection. "Authorized Representative of the User". (1) If the user is a corporation: a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or b. The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respecti vel y. (3) If the user is a Federal, State, or local government facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. - 453 - (4) The individuals described in paragraphs 1 through 3, above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City. "Board". The South Central Regional Wastewater Treatment and Disposal Board, including, in the appropriate case, the regional treatment facilities, and all its other attendant facilities. "Board (WWF)". The Board of Directors of the South Central Regional Wastewater Treatment and Disposal Board. "B.O.D. (Denoting Biochemical Oxygen Demand)" The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 200 centigrade, usually expressed as a concentration (e.g., mg/l). "Building Sewer". Sewer conveying wastewater from the premises of a user to the collection system whi transmits wastewater to the WWF. "Categorical Pretreatment Standard" or "Categorical Standard". Any regulation containing pollutant dischaJ limits promulgated by EP A in accordance with Sections 307(b) and (c) of the Act (33 USC Section 1317) whi apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. "Chemical Oxygen Demand (C.O.D.)". A measurement of the oxygen equivalent of the organic matter content a sample that is susceptible to oxidation by a strong chemical oxidant using procedures listed in 40 CFR 136. "City". The City of Boynton Beach; all that land and water area included within the boundaries of the "City" which the Commission proposes to acquire, establish, construct, extend, operate, and maintain sanitary sewerc facilities, except as follows: (1) All state and federally owned land and water area located in the city or county, except where 1 state and federal government consent to the provisions of this chapter. (2) All land and water area duly franchised by the city or county to privately owned sewer util companies for the provisions of sewer service, except where the privately owned sewer util companies consent to the provisions of this chapter. "Collection System". The system of public sewers to be operated by the city and connected to the WWF facilities. "Compatible Pollutant". A substance amenable to treatment in the wastewater treatment plant such as biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the wastewater facility was designed to treat those pollutants, and in fact, does remove the pollutant to a substantial degree. "Composite Sample". A series of samples taken over a specific 24-hour time period at intervals not to exceed fifteen (15) minutes in the waste stream which are combined into one sample. Flow proportional sampling is mandated unless circumstances do not permit it, then it shall be time proportional. Samples shall be taken during effluent discharge times only. - 454 - "Cooling Water". The water discharged from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat. "Direct Discharge". The discharge of treated or untreated wastewater directly to the waters of the State of Florida. "Director of Utilities, Utilities Director, or Director". This refers to the individual in charge of the Utilities Department for the city. "Discharge". Means disposal of, deposit, place, emit, unload, release or cause or allow to be disposed of, deposited, placed, emitted, unloaded, or released. "Domestic Wastewater". Wastewater derived principally from dwellings, commercial buildings, institutions, and industry resulting from household or toilet waste resulting from human occupancy. It mayor may not contain ground water, surface water, or stormwater. "Environmental Protection Agency" or "EPA". The U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of that agency. "Executive Director". The administrative director or his authorized deputy, agent or representative of the South Central Regional Wastewater Treatment and Disposal Board. The Executive Director is the authorized administration authority of the South Central Regional Wastewater Treatment and Disposal Board. "Existing Source". Any source of discharge, the construction or operation of which commenced prior to the publication by EP A of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. "Garbage". The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods. "Grab Sample". A sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes. "Grantee". Recipient of a federal grant for all or a portion of a treatment works as administered by the Environmental Protection Agency. "Holding Tank Waste". Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks. "Indirect Discharge or Discharge". The introduction of non-domestic pollutants from any source regulated under Section 307(b), (c), or (d) of the Act, (33 U.S.C. 1317), into the WWF (including holding tank waste discharged into the system). "Industrial or Commercial Waste". The liquid wastes from industrial, commercial, or institutional processes as distinct from domestic or sanitary sewage. "Industrial and Commercial Waste Discharge Permit". A permit issued to control the process flows from industry, commerce, or institutions that may be discharged into the sanitary sewer system. This permit is issued in addition to any other types of permits. When issued, the permit will define the - 455 - characteristics and volume of the flow and acceptance or rejection of individual waste components and/or require high strength waste surcharges. "Industrial Cost Recovery". Recovery by a federal grantee from the industrially classified users of a treatment works of the grant amount allocable to the treatment of wastes from those users. "Industrially Classified User". An industrial or commercial user whose liquid wastes are, in part, made up of flows related to industrial or commercial activities, as distinct from an industrial or commercial user whose waste flows are primarily domestic or resulting from human occupancy. "Industrial User". A source of indirect discharge and discharge of industrial and commercial waste which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act. (33 U.S.C. 1342). "Instantaneous Maximum Allowable Discharge Limit". The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. "Interference". A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the WWF, its treatment processes or operations, or its sludge processes, use or disposal; and thereafter, is a cause of a violation of the NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits hereunder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. "Medical Waste:. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. "Milligrams Per Liter (mg/l)". The number of units of minor constituents present with each one million (1,000,000) units of the major constituent of a solution or mixture. Milligrams per liter shall be considered equivalent to parts per million. "Monitoring Costs". Those costs incurred by the City in performing monitoring and/or sampling as prescribed by 40 CFR 403. "National Categorical Pretreatment Standard". Any federal regulation containing pollutant discharge limits promulgated by the EP A which applies to a specific category of industrial users. "National Pollutant Discharge Elimination System" or "NPDES Permit". A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). "National Prohibitive Discharge Standard" or "Prohibitive Discharge Standard". Any regulation developed under the authority of307(b) of the Act and 40 CFR, Section 403.5 "Natural Outlet". Any ditch, canal, stream, waterway, lake, river, pond, well, gully, or other water body. "New Source". - 456 - (1) Any building, structure, facility, or installation from which there is (or may be ) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: a. The building, structure, facility, or installation is constructed at a site which no other source is located; or b. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or c. The production of wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Section (l)(B) or (C) above but otherwise alters, replaces, or adds to existing process or production equipment. (3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has: a. Begun, or caused to begin, as part of a continuous onsite construction program (i) any replacement, assembly, or installation of facilities or equipment; or (ii) significant site preparation work including land clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the replacement, assembly, or installation of new source facilities or equipment; or b. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. "Non contact Cooling Water". Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. "Pass Through". A discharge of a pollutant from the WWF when such discharge causes a violation of any requirement of the WWF's NPDES permit, or a violation of a State or Federal water quality standard or increases the magnitude or duration of any violation and which is the result of a user's discharge of the pollutant either alone or in conjunction with other user's discharges of the pollutant into the WWF. A user contributes to pass through when the user: (1) Discharges a pollutant concentration or a daily pollutant loading in excess of that allowed by the City or by Federal or State law. - 457 - (2) Discharges wastewater which substantially differs in nature and constituents from the user's normal average discharge; (3) Knows or has reason to know that its discharge, alone or in conjunction with discharges from other users, would result in pass through; or (4) Knows or has reason to know that the WWF is, for any reason, violating its final effluent limitations in its NPDES permit and that such user's discharge either alone or in conjunction with discharges from other users, increases the magnitude or duration of the WWF's violations. "Person". Any individual, partnership, co-partnership, firm, company, association, society, corporation, joint stock company, trust, estate, governmental entity, group, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local entities. "Point Source". The initial point of discharge into a sewer system. "pH" Logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution; a measure of the acidity or alkalinity of a solution, expressed in standard units. "Pollutant". Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, and agricultural wastes, and certain characteristics of wastewater (e.g. pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). "Pollution". The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. "Pretreatment". The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing those pollutants into a WWF. The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes or by other means, except as prohibited by 40 CFR Section 403.6(d). "Pretreatment Requirements". Any substantive or procedural requirement for treating of a waste prior to inclusion in the WWF. "Pretreatment Standards". National Categorical Pretreatment Standards or alternative discharge limits, whichever is applicable. "Prohibited Discharge Standards or Prohibited Discharges". Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 26.142 of this ordinance. "Properly Shredded Garbage". The wastes from the preparation, cooking, and dispensing of food that have been shredded to a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than I/2-inch (1.27 centimeters) in any dimension. "Public Sewer". A sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority. - 458 - "Publicly Owned Treatment Works (POTW)". In this case, the regional treatment plant operated by the South Central Regional Wastewater Treatment and Disposal Board, and the collection sewer system owned and operated separately by the Cities of Delray and Boynton Beach. (also see Wastewater Facility - WWF) "Regional Treatment Facilities". The South Central Regional Wastewater Treatment Plant transmission and disposal facilities as operated by the South Central Regional Wastewater Treatment and Disposal Board of Palm Beach County, Florida. "Replacement". Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment process facilities to maintain the capacity and performance for which those facilities were designed and constructed. "Sanitary Sewage". The household and toilet wastes resulting from human occupancy. "Sanitary Sewer". A sewer which carries sewage and to which storm, surface, and ground water are not intentionally admitted. "Septic Tank Waste". Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. "Sewage". A combination of the water carried wastes from residences, business buildings, institutions, and industrial establishments, together with ground, surface, and stormwater that may be present. "Sewage Works". All facilities for collecting, pumping, treating, and disposing of wastewater including the WWF. "Sewer". A pipe or conduit for carrying sewage. "Shall" is mandatory; "May" is permissive. "Significant Industrial User". (1) A user subject to categorical pretreatment standards; or (2) A user that: a. Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, non contact cooling, and boiler blowdown wastewater) ; b. Contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or c. Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. (3) Upon a finding that a user meeting the criteria in Subsection (2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or - 459 - requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user. "Significant Non-Compliance". Means that violations of this Ordinance by a user subject to pretreatment standards meet one or more of the following criteria: (1) Chronic Violation: 66% or more of all measurements taken for the same pollutant during a six-month period exceeded (by any magnitude) the applicable daily maximum limit or the applicable average limit; (2) Technical Review Criteria (TRC) Violation: 33% or more of all measurements taken for the same pollutant during a six-month period equaled or exceeded the product of the daily average maximum limit or the average limit times the applicable TRC. (For categorical pretreatment limitations the TRC equals 1.4 for BOD, TSS and Oil and Grease; and 1.2 for all other pollutants except pH); (3) An effluent violation caused interference or pass through or endangered the health of City personnel or the general public; (4) A discharge caused imminent endangerment to human health, welfare or to the environment and resulted in the City exercising its emergency authority under Section 26.147 of this Ordinance; (5) Failure to meet a compliance schedule milestone date within ninety (90) days or more after the scheduled date; (6) Failure to submit a required report within thirty (30) days of its due date; (7) Failure to accurately report non-compliance; or (8) Any other violation or group of violations which the Director determines may cause interference or pass through or will adversely affect implementation of the City's pretreatment program. "Significant Violation". A violation that remains uncorrected 45 days after notification of non- compliance; which is part of a pattern of non-compliance over a twelve-month period; which involves a failure to accurately report non-compliance; or which resulted in the WWF exercising its emergency authority under Section 403.8 (F)(I)(vi)(B) of the Act. "Slug". Any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average 24-hour concentration of flows during normal operation. "Standard Industrial Classification (SIC)". Classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, as amended. "State". State of Florida. "Storm Drain" or "Storm Sewer". A sewer that carries stormwater and surface water, street wash, and other wash waters or drainage, but excludes domestic wastewater and industrial and commercial waste. - 460 - "Stormwater". Any flow occurring during or following any form of natural precipitation and resulting therefrom. "Superintendent". The person designated by the WWF to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative. "Surcharge". An extra charge levied to a user for treatment of compatible wastewaters that contain substances in excess of specified maximum allowable limits. "Suspended Solids". Solids that are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering. "Toxic Pollutant". Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CW A 307(a) or other acts. "Treatment Plant". That portion of regional treatment facilities designed to provide treatment to wastewater and is operated by the South Central Regional Wastewater Treatment and Disposal Board. "Treatment Works". The wastewater treatment plant, interceptors, force mains, lift stations, and collection systems. "User". Any person who contributes, causes, or permits the contribution of wastewater into the WWF. "User Charge" or "User Fee". A charge levied on the users of the treatment process facilities for the cost of operation and maintenance of those facilities and other equitable and necessary charges. "Wastewater". The liquid and water carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which is contributed into or permitted to enter the WWF. "Wastewater Facility" (WWF). Any or all of the following: the collection/transmission system, the treatment plant, and the reuse or disposal system. "Wastewater Treatment Plant". Any arrangement of devices and structures used for treating wastewater, such as the WWF. "Watercourse". A channel in which a flow of water occurs, either continuously or intermittently. 26.143 Discharge Of Certain Wastes Restricted No person shall discharge or cause to be discharged, the below described materials, waters, or wastes (collectively, the substances) if it appears likely that acceptance of those wastes can harm the wastewater treatment process or equipment, the public sewers, the sanitary sewer systems, or have an adverse effect on the receiving water body, or can otherwise endanger life, limb, public property, or constitute a nuisance. The decision shall be based on those factors as the quantities subject wastes in relation to flows and velocities in the sewers, - 461 - materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of waste in the wastewater treatment plant, and other pertinent factors. The substances restricted are: (a) Any liquid having a temperature higher than 150E F. or causing the wastewater treatment plant influent to exceed 104E F. (b) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32E F. and 150EF. (OE C. and 60E C.). (c) Any waters or wastes containing strong acid, iron, pickling wastes, or concentrated plating solutions whether neutralized or not. (d) Any waters or wastes containing phenols or other taste or odor producing substances, in a concentration exceeding limits which may be established by the POTW as necessary after treatment of the composite sewage to meet the requirements of the state, federal, or other public agencies of jurisdiction for that discharge to the receiving waters. (e) Any garbage that has not been properly shredded, which shall mean particles in size no greater than 1/2 inches measured in any dimension. (f) Any water or wastes having a pH lower than 5.5 or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structure, equipment, or personnel or any waste treatment works. (g) Any waste containing restricted substances in quantities in excess ofthe following limits, measured at the point of discharge into any sewer system, or any substance that will pass through the waste treatment facilities and exceed the local limits as adopted by the South Central Regional Wastewater Treatment and Disposal Board as contained in the lnterlocal Agreement entered into between the City of Boynton Beach and the City of Delray Beach. Such local limits are incorporated herein by reference. (h) Any waste from sodirun-cycle action exchange (water softening) units from industrial or commercial users where the chloride content exceeds milligrams per liter. (i) Any water or waste containing suspended solids or color of a character and quantity that unusual attention or expense is required to handle those materials at the waste treatment facilities without a special permit issued by the city. (j) Any water or waste with a chlorine demand greater than 15 milligrams per liter. (k) Any radioactive wastes or isotopes or half-life or concentration as may exceed limits established by the POTW in compliance with applicable state or federal regulations. (1) Volume of flow or concentration of wastes constituting a slug as defined in Section 26-115. (m) Any waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to that degree that the wastewater treatment plant effluent cannot meet the requirement of other agencies having jurisdiction over discharge to the receiving waters. (n) Any waters or wastes containing suspended solids in excess of milligrams per liter unless the user is approved by the city and provided further that the user complies with the requirements ofthe city's high strength sewer surcharge system. (0) Any waters or wastes with a five-day, 20E C.B.OD. greater than milligrams per liter unless the user is approved by the city and provided further that the user complies with the requirements of the city's high strength sewer surcharge system. (p) Any waters or wastes containing chemical oxygen demand (COD) greater than mg/L unless the user is approved by the City and provided further that the user complies with the requirements ofthe City's high strength sewer surcharge system. (q) Total toxic organics as defined in 40 CFR, Part 413.03[c] are not to exceed 5.0 mgll, with no one parameter over 1.0 mgll. 26.147 Admission Of Industrial And Commercial Waste All users of the public sewers or sanitary sewers shall recognize and comply with the following: (a) The economy and desirability of the combined treatment of industrial and commercial wastes and sanitary sewage is recognized. However, not all types and quantities of industrial and commercial wastes can be so treated. It shall be the policy to admit the types and quantities of industrial and commercial wastes that are not harmful or damaging to the structures, processes, or operation of the - 462 - sewage works or are not specifically prohibited. In all cases, a special permit will be issued which will state specific conditions and requirements to be maintained. It is also recognized that to provide this service, additional facilities or treatment are required, and the cost of that must be borne by the user receiving the benefits. (b) (1) Approval in advance by the city is required for the anticipated admission of industrial or commercial wastes into the public sewers having: a. A five-day, 200 C. B.O.D. greater than 220 milligrams per liter, or chemical oxygen demand (COD) greater than 440 milligrams per liter. b. A suspended solids content greater than 175 milligrams per liter. An oil/grease content greater than 100 milligrams per liter. A total toxic organic content of greater than 5 milligrams per liter, with no one parameter over 1 milligram per liter. (2) The user shall provide chemical analyses of the discharge according to a schedule to be established by the WWF and continued discharge shall be subject to approval of the city. (c) Samples shall be collected so as to be a representative sample of the actual quality of the wastes. Samples for analysis may be collected by the user or his representative. Analysis shall be made by a registered sanitary engineer or graduate chemist whose qualifications are acceptable to the city or a wastewater treatment plant operator licensed and registered in the state, or a water testing laboratory certified by the state, using the laboratory methods for the examination of wastewater as set forth in 40 CFR 136 and 62-625.600, FAC (also see 26.158). (d) When required by the Utilities Director, any establishment discharging industrial or commercial wastes into the sewer system shall construct and maintain at its sole expense a suitable control manhole or other suitable control station downstream from any treatment, storage, or other approved works to facilitate observation, measurement, and sampling of all wastes including all domestic sewage from the establishment. The location and methods of construction of the control station shall be approved by the Utilities Director. The control station shall be maintained by the establishment so as to be safe and accessible at all times. If any establishment wishes to meter its waste discharge into the sewer system to verify in-product water retention or other uses of metered flow, they may, at their sole expense, install a flow-metering device as approved by the Utilities Director. The control station shall be accessible to city personnel at all times for sampling. All authorized WWF or city employees shall be permitted, upon suitable notice to the user, to enter upon all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with provisions of this chapter. When required, construction of those facilities shall be completed within ninety (90) days following written notification by the City. USER CHARGE AND INDUSTRIAL COST RECOVERY SYSTEM - 463 - 26.162 User Charges; Wholesale Sewer Rates; Calculation Of Sewer Surcharge (a) There is imposed upon the owners or upon the users of each retail and wholesale customer served by the sewer system, a monthly user charge for the use thereof as follows: (1) Sewer Rates. A charge for waste resulting from human occupancy which shall include all of the following factors for the operation of the collection system and treatment of wastewater by the regional wastewater facility: a. Operation and maintenance b. Debt service c. Capital costs d. System expansion e. Others as applicable Consult the Water/Sewer Billing Department for the prevailing rates expressed as $/ 1,000 gallons of water consumption. (2) Sewer Surcharge. A surcharge for waste in excess of the parameters for strength established in the industrial and commercial waste ordinance, and set forth in 26.162(2) which may be assessed to applicable customers. (b) Wholesale Sewer Rates. (1) This section is applicable to those wholesale customers which maintain their own wastewater collection systems. They shall be charged a flat rate per 1,000 gallons, the quantity of which shall be determined by the metering of the wastewater discharge from each wholesale customer's individual wastewater collection system. (2) The metering device shall be satisfactory to the city and shall provide for a separate remote 30-day recording device which shall have a totalizer. Location of the metering device shall be at an accessible location as agreed upon by the parties involved and as further explained and stipulated in an agreement to be executed by both parties. (3) All costs incident to the furnishing, installation, initial calibration, and maintenance on a continuing basis of the meter, are and shall be, the wholesale customer's responsibility. The wholesale customer will provide to the city or its designated representative full details on the proposed meter installation and assurance that the installation will commence only upon the written authorization of the city. The city shall provide an authorization within ten (10) days after receipt by the city of the details of the above proposed meter installation. (4) The meter shall be read monthly by a duly authorized agent of the city, and the wholesale customer shall provide access to the meter for this purpose. In the event of suspected inaccuracy in meter readings, the city shall have the right to request that the meter be tested by an independent organization in accordance with standard practices. If the meter shall be found inaccurate or defective, the cost of the meter test shall be borne by the wholesale customer. If the meter shall be found to be accurate and in good condition, the cost of the meter test shall be borne by the city. - 464 - (5) In the event of extenuating circumstances, the Commission may, at its discretion, direct that sufficient proof other than the installation of a metering device may be acceptable to determine the quantity of wastewater discharge. (c) Calculation of Sewer Surcharge. (1) Calculation of the sewer surcharge shall be in accordance with the following: Parameter Percent of Effect on Costs Allowable Level of Sewage Strength BOD-5 41 mg/l (ppm) TSS 15 " " ti ..c. c.. .. COD 41 " " ................... Let: F=Fl+F2 Where: F = the factor to multiply the sewer rate for a surcharge due to excess strengths. F 1 = the strength factor for BOD-5 or COD, whichever is higher. F2 = the strength factor for TSS (total suspended solids) (2) The surcharge will be added to the sewer rate to develop the monthly cost per customer. As an example of sewer charge calculations utilizing sewer rate and the strength surcharge formula, assume the following with respect to Ajax Manufacturing Company: total monthly flow of 100,000 gallons; COD of mg/l; BOD5 of 500 milligrams per liter; total suspended solids of 900 milligrams per liter; Prevailing monthly sewer rate is $1.52 per 1,000 gallons. - 465 - Sewer Rate: $1.52/1000 gallons (100,000 gallons/month) = $152/month 11 Sewer Surcharge Calculation: Fl = 0.41 F2 = 0.15 (900- ,; F = 111 Total Monthly Charge (Sewer Rate Plus Surcharge): $152/month + $152/month( =$ 26.169 Suspension Of Wastewater Treatment Service; Notice To Stop Discharge; Failure To Comply The city may suspend the wastewater treatment service to any user, including other local governments, when the suspension is necessary, in the opinion of the Utilities Director, in or DEP to stop an actual or threatened violation which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, causes interference to the WWF, caused the WWF to violate any condition of its NPDES permit, or causes the city to be in violation of any of its agreements with the WWF. Any user notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the contribution. In the event of a failure of the user to cause the user to voluntarily comply with the suspension or DEP, the city shall take steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the city or WWF systems or endangerment to any individuals. The city may reinstate the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the user - 466 - describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within fifteen (15) days from the date of the occurrence. Penalties, see 26.177 Sec. 26-172 Show cause hearing user subject to enforcement action under the provisions of this division may request a hearing before the Utilities Director within ten (10) days of receipt of notification or proposed enforcement action. A hearing is to be held by the Utilities Director concerning the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Utilities Director why the proposed enforcement action should not be taken. Utilities Director may conduct the hearing and take the evidence, or, at the Utilities Director's sole discretion, may designate the City Attorney or an independent arbitrator to: (1) Issue, in the name of the City, notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in that hearing. (2) Take evidence and hear testimony (the strict rules of evidence shall not apply to any hearing). (3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendation to the Utilities Director or his designee for action thereon. (d) At any hearing held pursuant to this division, testimony taken must be under oath and recorded stenographically, with the costs thereof to be borne by the user. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof. (e) After the Utilities Director or his designee has reviewed the evidence, he may issue an order to the user responsible for the noncompliance(s) stating that, following a thirty- day time period to provide remediation of noncompliance(s), penalties as per section 26-177 will go into effect. Further orders as are necessary and appropriate may be issued. - 467 - (t) The City shall also establish and assess against the user, appropriate surcharges or fees to reimburse the City for the additional cost of operation and maintenance of the wastewater treatment works due to the violation of this division. (g) Costs for conducting a show cause hearing shall be borne by the user requesting the hearing if the enforcement action is upheld. 26.177 Penalties Failure to comply with any Chapter 26 ordinances that relate to the actual and/or potential introduction of prohibited and/or restricted effluents into the sanitary sewer system requires penalties as mandated by federal law; e.g. Federal Pretreatment Regulations Section 403.8(t)(1)(vi)(A) requires penalties up to the amount of $1,000.00 per day per violation which goes uncorrected. (a) Any user who is found to have violated an Order of the city or who fails to comply with any provision of this chapter for which another penalty is not provided, and the orders, rules, and regulations issued hereunder, shall be penalized up to $1,000 per day for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. A lien against the user's property will be sought for unpaid charges, fines and penalties. In addition to the penalties provided herein, the city may recover all reasonable attorneys' fees, court costs, court reporters' fees, and other expenses of litigation by appropriate motions or suit at law against the user or person found to have violated this chapter or the orders, rules, regulations, and permit issued hereunder. (b) Penalties for Continuing Violations. Any person who shall continue any violation beyond the time limit provided for in Section 26.166(1) shall be guilty of a violation, and on conviction thereof, shall be penalized in the amount not exceeding $5,000 for each offense. Each day in which any violation shall continue shall be deemed a separate offense. (c) Whoever violates 26.171 shall, upon conviction, be punished by a fine of not more than $1000 or by imprisonment for not more than sixty (60) days, or by both. (d) - 468 - (e) The remedies and penalties provided for in this ordinance are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the Director may take other action against any user when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant user. Section 2. Each and every other provision of Chapter 26, not herein specifically amended shall remain in full force and effect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provIsIOn of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. Authority is hereby granted to codify said ordinance. Section 6. This ordinance shall become effective ninety (90) days after passage. FIRST READING this _ day of 2010. SECOND, FINAL READING AND PASSAGE this _ day of ,2010. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland ATTEST: Commissioner - Jose Rodriguez Janet M. Prainito, CMC City Clerk Commissioner - Marlene Ross (CORPORATE SEAL) - 469 - - 470 - Subdivision A. General Provisions The purpose of this chapter is to regulate industrial waste pretreatment facilities and discharge of industrial waste into the Wastewater Facility (WWF) operated by the South Central Regional Wastewater Treatment and Disposal Board and providing for pollutant limitations, data collection, monitoring, and sampling, and providing for penalties for the violation thereof for the following purposes: (a) To prevent the introduction of pollutants into the city's wastewater system which will interfere with the normal operation of the wastewater collection system or the wastewater treatment plant, or which will contaminate the resulting mlUlicipal sludge; (b) To prevent the introduction of pollutants into the city's wastewater collection system which do not receive adequate treatment by the WWF, and which will pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system; (c) To protect the Wastewater Facility workers and the general public; (d) To provide for fees for the equitable distribution of the costs of operation, maintenance, and improvement of the Wastewater Facility; (e) To improve the opportunity to recycle and reclaim wastewater and sludge from the system; and (f) To enable the City to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the WWF is subject. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) The policy is established that the provisions ofthis chapter will be enforced to the fullest extent possible under the provisions of Federal Pretreatment Regulations 40 CFR Part 403 and Florida Administrative Code Rules, 62-302, 62-600, 62-604, 62-610, and 62-625 issued by the Florida Department of Environmental Protection. 'lhe standards set forth are minimum requirements to enSLITe the general health and welfare of the public. Except as otherwise provided herein, the City shall administer, implement, and enforce the provisions of this chapter. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) (a) The use of city wastewater facilities by any entity or local government shall subject that entity or local government to the application of this chapter. 'lhis shall include, but not be limited to, wholesale, retail, and large agreement users, whether inside or outside the city limits. (b) The regulations of this chapter shall apply to all users of the sewer facilities of the city whether inside or outside the city, including all other local governments such as, but not limited to, the Town of Highland Beach, the Town of Gulf Stream, and contributions from incorporated or unincorporated agencies of Palm Beach County. Furthermore, all local government users shall be required, within sixty (60) days after enactment of this chapter and notice thereof, to enact ordinances substantially similar to this chapter and to apply and enforce the same to all users of their public and sanitary sewer systems. (Ord. No. 99-21, S 1,8-3-99) The following abbreviations, when used in this chapter, shall have the designated meanings: BOD Biochemical Oxygen Demand CFR Code of Federal Regulations COD Chemical Oxygen Demand DEP Department of Environmental Protection EP A United States Environmental Protection Agency - 471 - F AC Florida Administrative Code gpd gallons per day mg/l milligrams per liter NPDES National Pollutant Discharge Elimination System POTW Publicly Owned Treatment Works RCRA Resource Conservation and Recovery Act SIC Standard Industrial Classification TSS Total Suspended Solids use UmredStaresCo~ WWF Wastewater Facility For the purpose ofthis chapter, all definitions shall be applied and interpreted in accordance with 40 CFR 403, as amended. Act and The Act. The Federal Water Pollution Control Act, also known as the Clean Water Act of1977, as amended, 33 U.S.C. 1251, et seq. Approval authority. The Florida Department of Environmental Protection. Authorized representative of the user. (1) If the user is a corporation: a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or b. The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively. (3) If the user is a Federal, State, or local government facility: a director or highest official appointed or designated to oversee the operation and performance of the activities ofthe government facility, or their designee. (4) The individuals described in paragraphs (1) through (3), above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City. Hoard. 'lhe South Central Regional Wastewater Treatment and Disposal Board, including, in the appropriate case, the regional treatment facilities, and all its other attendant facilities. Board (WWF). The Board of Directors ofthe South Central Regional Wastewater Treatment and Disposal Board. B.o.D. (Denoting Biochemical Oxygen Demand). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 200 centigrade, usually expressed as a concentration (e.g., mg/l). Building sewer. Sewer conveying wastewater from the premises of a user to the collection system which transmits wastewater to the WWF. Categorical pretreatment standard or categorical standard. Any regulation containing pollutant discharge limits promulgated by EP A in accordance with Sections 307(b) and (c) of the Act (33 USC Section 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. Chemical oxygen demand (C.UD.). A measurement of the oxygen equivalent of the organic matter content of a sample that is susceptible to oxidation by a strong chemical oxidant using procedures listed in 40 CFR 136. City. 'lhe City of Boynton Beach; all that land and water area included within the boundaries of the "City" in which the Commission proposes to acquire, establish, construct, extend, operate, and maintain sanitary sewerage facilities, except as follows: (1) All state and federally owned land and water area located in the city or COlUlty, except where the state and federal government consent to the provisions of this chapter. (2) All land and water area duly franchised by the city or county to privately owned sewer utility companies for the provisions of sewer service, except where the privately owned sewer utility companies consent to the provisions ofthis chapter. - 472 - Collection system. The system of public sewers to be operated by the city and connected to the WWF facilities. Compatible pollutant. A substance amenable to treatment in the wastewater treatment plant such as biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the wastewater facility was designed to treat those pollutants, and in fact, does remove the pollutant to a substantial degree. Lomposite sample. A series of samples taken over a specific 24-hour time period at intervals not to exceed fifteen (15) minutes in the waste stream which are combined into one sample. Flow proportional sampling is mandated unless circumstances do not permit it, then it shall be time proportional. Samples shall be taken during effluent discharge times only. Cooling water. The water discharged from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat. Direct discharge. The discharge of treated or untreated wastewater directly to the waters ofthe State of Florida. Director of utilities, utilities director, or director. This refers to the individual in charge of the Utilities Department for the city. Discharge. Means disposal of, deposit, place, emit, unload, release or cause or allow to be disposed of, deposited, placed, emitted, unloaded, or released. Domestic wastewater. Wastewater derived principally from dwellings, commercial buildings, institutions, and industry resulting from household or toilet waste resulting from hrunan occupancy. It mayor may not contain ground water, surface water, or stormwater. Environmental Protection Agency or iJPA. 'Ihe U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of that agency. Hxecutive director. The administrative director or his authorized deputy, agent or representative of the South Central Regional Wastewater Treatment and Disposal Board. 'Ihe Executive Director is the authorized administration authority of the South Central Regional Wastewater Treatment and Disposal Board. Hxisting source. Any SOLITCe of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source ifthe standard is thereafter promulgated in accordance with Section 307 ofthe Act. Garbage. The animal and vegetable waste resulting from the handling, preparation, cooking, and serving offoods. Grab sample. A sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and over a period oftime not to exceed fifteen (15) minutes. Grantee. Recipient of a federal grant for all or a portion of a treatment works as administered by the Environmental Protection Agency. Holding tank waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-plUllp tank trucks. Indirect discharge or discharge. 'Ihe introduction of non-domestic pollutants from any source regulated under Section 307(b), (c), or (d) of the Act, (33 U.S.C. 1317), into the WWF (including holding tank waste discharged into the system). Industrial or commercial waste. 'Ihe liquid wastes from industrial, commercial, or institutional processes as distinct from domestic or sanitary sewage. Industrial and commercial waste discharge permit. A permit issued to control the process flows from industry, commerce, or institutions that may be discharged into the sanitary sewer system. 'Ihis permit is issued in addition to any other types of permits. When issued, the permit will define the characteristics and volrune of the flow and acceptance or rejection of individual waste components and/or require high strength waste surcharges. Industrial cost recovery. Recovery by a federal grantee from the industrially classified users of a treatment works of the grant amount allocable to the treatment of wastes from those users. Industrially classified user. An industrial or commercial user whose liquid wastes are, in part, made up of flows related to industrial or commercial activities, as distinct from an industrial or commercial user whose waste flows are primarily domestic or resulting from human ace upancy . Industrial user. A source of indirect discharge and discharge of industrial and commercial waste which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act. (33 U.S.C. 1342). instantaneous maximum allowable discharge limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent ofthe industrial flow rate and the duration of the sampling event. Interference. A discharge, which alone or in conjnnction with a discharge or discharges from other SOLITCeS, inhibits or disrupts the WWF, its treatment processes or operations, or its sludge processes, use or disposal; and thereafter, is a cause of a violation of the NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits herennder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge - 473 - management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. Medical waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. Milligrams per liter (mg/l). 'lhe munber of units of minor constituents present with each one million (1,000,000) units of the major constituent of a solution or mixture. Milligrams per liter shall be considered equivalent to parts per million. Monitoring costs. Those costs inclUTed by the City in performing monitoring and/or sampling as prescribed by 40 CFR 403. National categorical pretreatment standard. Any federal regulation containing pollutant discharge limits promulgated by the EP A which applies to a specific category of industrial users. National Pollutant Discharge Elimination System or NPDES Permit. A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). National prohibitive discharge standard or prohibitive discharge standard. Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5 Natural outlet. Any ditch, canal, stream, waterway, lake, river, pond, well, gully, or other water body. New source. (1) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307( c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that a. The building, structure, facility, or installation is constructed at a site which no other source is located; or b. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or c. The production of wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Section (1 )(B) or (C) above but otherwise alters, replaces, or adds to existing process or production equipment. (3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has: a. Begun, or caused to begin, as part of a continuous on-site construction program: (i) any replacement, assembly, or installation offacilities or equipment; or (ii) significant site preparation work including land clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the replacement, assembly, or installation of new source facilities or equipment; or b. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation lUlder this paragraph. Noncontact cooling water. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. Pass through. A discharge of a pollutant from the WWF when such discharge causes a violation of any requirement of the WWF's NPDES permit, or a violation of a State or Federal water quality standard or increases the magnitude or duration of any violation and which is the result of a user's discharge ofthe pollutant either alone or in conjunction with other user's discharges of the pollutant into the WWF. A user contributes to pass through when the user: (I) Discharges a pollutant concentration or a daily pollutant loading in excess of that allowed by the City or by Federal or State law. (2) Discharges wastewater which substantially diners in nature and constituents from the user's normal average discharge; (3) Knows or has reason to know that its discharge, alone or in conjlUlction with discharges from other users, would result in pass through; or (4) Knows or has reason to know that the WWF is, for any reason, violating its final effluent limitations in its NPDES permit and that such user's discharge either alone or in conjlUlction with discharges from other users, increases the magnitude or duration of the WWF's violations. - 474 - Person. Any individual, partnership, co-partnership, firm, company, association, society, corporation, joint stock company, trust, estate, governmental entity, group, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local entities. Point source. The initial point of discharge into a sewer system. pH. Logarithm ofthe reciprocal ofthe weight of hydrogen ions in grams per liter of solution; a measure ofthe acidity or alkalinity of a solution, expressed in standard units. Pollutant. Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, and agricultural wastes, and certain characteristics of wastewater (e.g. pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). Pollution. The man-made or man-induced alteration ofthe chemical, physical, biological, and radiological integrity of water. Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing those pollutants into a WWF. The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes or by other means, except as prohibited by 40 CFR Section 403.6( d). Pretreatment requirements. Any substantive or procedural requirement for treating of a waste prior to inclusion in the WWF. Pretreatment standards. National Categorical Pretreatment Standards or alternative discharge limits, whichever is applicable. Prohibited discharge standards or prohibited discharges. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 26-142. Properly shredded garbage. 'lhe wastes from the preparation, cooking, and dispensing of food that have been shredded to a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2-inch (1.27 centimeters) in any dimension. Public sewer. A sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority. Publicly owned treatment works (POTW). In this case, the regional treatment plant operated by the South Central Regional Wastewater Treatment and Disposal Board, and the collection sewer system owned and operated separately by the Cities of Delray and Boynton Beach. (Also see Wastewater Facility-WWF.) Regional treatmentjacilities. 'lhe South Central Regional Wastewater Treatment Plant transmission and disposal facilities as operated by the South Central Regional Wastewater Treatment and Disposal Board ofPahn Beach County, Florida. Replacement. Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment process facilities to maintain the capacity and performance for which those facilities were designed and constructed. Sanitary sewage. The household and toilet wastes resulting from hlUllan occupancy. Sanitary sewer. A sewer which carries sewage and to which storm, surface, and ground water are not intentionally admitted. Septic tank waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. Sewage. A combination of the water carried wastes from residences, business buildings, institutions, and industrial establishments, together with ground, surface, and stormwater that may be present. Sewage works. All facilities for collecting, pumping, treating, and disposing of wastewater including the WWF. Sewer. A pipe or conduit for carrying sewage. Shall is mandatory; May is permissive. Signij7cant industrial user (1) A user subject to categorical pretreatment standards; or (2) A user that: a. Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); b. Contributes a process waste stream which makes up five (5) percent or more ofthe average dry weather hydraulic or organic capacity of the POTW treatment plant; or c. Is designated as such by the City on the basis that it has a reasonable potential for adversely aflecting the POTW's operation or for violating any pretreatment standard or requirement. - 475 - (3) Upon a finding that a user meeting the criteria in Subsection (2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user. Significant non-compliance. Means that violations ofthis chapter by a user subject to pretreatment standards meet one or more of the following criteria: (1) Chronic violation: 66% or more of all measurements taken for the same pollutant during a six-month period exceeded (by any magnitude) the applicable daily maximum limit or the applicable average limit; (2) Technical review criteria (FRC) violation: 33% or more of all measurements taken for the same pollutant during a six-month period equaled or exceeded the product of the daily average maximum limit or the average limit times the applicable IRC. (For categorical pretreatment limitations the TRC equals 1.4 for BOD, TSS and Oil and Grease; and 1.2 for all other pollutants except pH); (3) An efIluent violation caused interference or pass through or endangered the health of City personnel or the general public; (4) A discharge caused imminent endangerment to human health, welfare or to the environment and resulted in the City exercising its emergency authority lUlder Section 26-147; (5) Failure to meet a compliance schedule milestone date within ninety (90) days or more after the scheduled date; (6) Failure to submit a required report within thirty (30) days of its due date; (7) Failure to accurately report non-compliance; or (8) Any other violation or group of violations which the Director determines may cause interference or pass through or will adversely affect implementation ofthe City's pretreatment program. Significant violation. A violation that remains uncorrected 45 days after notification of non-compliance; which is part of a pattern of non-compliance over a twelve-month period; which involves a failure to accurately report non-compliance; or which resulted in the WWF exercising its emergency authority under Section 403.8 (F)(1 )(vi)(B) ofthe Act. Slug. Any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average 24-hour concentration of flows during normal operation. Standard industrial classification (SIC). Classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office ofthe President, Office of Management and Budget, as amended. State. State of Florida. Storm drain or storm sewer. A sewer that carries stormwater and surface water, street wash, and other wash waters or drainage, but excludes domestic wastewater and industrial and commercial waste. Stormwater. Any flow occurring during or following any form of natural precipitation and resulting therefrom. Superintendent. The person designated by the WWF to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative. Surcharge. An extra charge levied to a user for treatment of compatible wastewaters that contain substances in excess of specified maximum allowable limits. Suspended solids. Solids that are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering. Toxic pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CW A 307( a) or other acts. Treatment plant. 'lhat portion of regional treatment facilities designed to provide treatment to wastewater and is operated by the South Central Regional Wastewater Treatment and Disposal Board. Treatment works. The wastewater treatment plant, interceptors, force mains, lift stations, and collection systems. User. Any person who contributes, causes, or permits the contribution of wastewater into the WWF. User charge or user fee. A charge levied on the users of the treatment process facilities for the cost of operation and maintenance of those facilities and other equitable and necessary charges. Wastewater. 'lhe liquid and water carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or lUltreated, which is contributed into or permitted to enter the WWF. - 476 - Wastewater facility (WWF). Any or all of the following: the collection/transmission system, the treatment plant, and the reuse or disposal system. Wastewater treatment plant. Any arrangement of devices and structures used for treating wastewater, such as the WWF. Watercourse. A channel in which a flow of water occurs, either continuously or intermittently. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) (a) The use of public sanitary sewers shall be as outlined in this chapter or through other regulations as may be promulgated by the city or the WWF under the authority of this chapter. (b) No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by health agencies. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) (a) The disposal of sewage by means other than use of the available regional wastewater facilities shall be in accordance with city, county, state, and federal law. (b) The disposal of sewage to the WWF shall be as outlined in this chapter and shall be subject to standards which meet or exceed the city industrial and commercial waste ordinance requirements as they shall exist from time-to-time. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) The city shall have the right to refuse waste from any user where wastewater does not comply with this chapter. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) It shall be unlawful for any person to place, deposit, or permit to be deposited, in any lUlsanitary manner on public or private property within the city, or in any area under the jurisdiction ofthe city, any human excrement, garbage, or other objectionable waste. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the city and abutting on any street, alley, or right-of~way in which there is now located or may in the future be located a public sanitary sewer of the city are required, at their expense, to install suitable toilet facilities therein, and to connect those facilities directly with the proper public sewer, in accordance with applicable state and county regulations, within ninety (90) days after date of oflicial notice to do so. - 477 - (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 Under no condition shall the discharge of domestic, sanitary, industrial, or commercial waste be permitted into the storm sewer system. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 No person shall break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewage works. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 Subdivision B. Private Sewage Disposal System Where a public, sanitary, or combined sewer is not available under the provisions of Section 26-122, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this subchapter. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Before the commencement of construction of a private sewage disposal system, the owner shall obtain a written permit signed by the Authorized City Oflicial. The application for the permit shall be made on a form furnished by the city which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Authorized City Oflicial. A permit and inspection fee of $50 shall be paid to the city at the time the application is filed. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 A permit for a private sewage disposal system shall not become eflective until the installation is completed to the satisfaction of the county. 'lhe county shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the cOlmty when the work is ready for final inspection and before any underground portions are covered. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the State Department of Environmental Protection. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities unless it conforms to all current regulations. No septic tanks or cesspool shall be permitted to discharge to any natural outlet. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 At a time when a public sewer becomes available to a property served by a private sewage disposal system, as provided herein, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) - 478 - The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 Subdivision C. Installations and Connections (a) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city. (b) The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the city. A permit and inspection fee shall be paid to the city at the time the application is filed. 'lhe permit fee for those establishments discharging industrial wastewater is further explained in this chapter. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 All costs and expense incidental to the installation and connection ofthe building sewer shall be borne by the owner or user. The owner and user shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 Old building sewers may be used in connection with new buildings only when they are found, on examination and tested by the Building Official, to meet all requirements of this chapter. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) (a) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, joining, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations ofthe city. In the absence of code provisions, or in amplification thereof~ the materials and procedures set forth in appropriate specifications of the ASTM and WEF Manual of Practice No.9, as same may be amended from time-to-time, shall apply. (b) All connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Building Department before installation. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Whenever possible, the building sewer shall be brought to the building at any elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by that building drain shall be lifted by an approved means and discharged to the building sewer. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) - 479 - No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or any other connected appurtenances, or other sources of surface nmotr or groundwater to a building sewer or building drain which, in turn, is connected directly or indirectly to a public sanitary sewer. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 The applicant for the building sewer permit shall notify the city when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made lUlder the supervision ofthe city officials or city representatives. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 Subdivision D. Use of Public Sewers All waste discharged to public sanitary sewers, which in turn discharge to the regional treatment facilities (WWF), shall meet or exceed the following criteria of this subchapter. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) (a) No person shall discharge or cause to be discharged any stormwater, surface water, ground water, uncontaminated cooling water or lUlpolluted industrial process waters to the sanitary sewer. (b) Stormwater and all other unpolluted drainage shall be discharged to those sewers as are specifically designated as storm sewers, or to a natural outlet approved by the proper city or county official. Industrial cooling water or unpolluted process waters may be discharged on approval of the Utilities Director to a storm sewer or natural outlet. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 No person shall discharge or cause to be discharged any of the following described waters or wastes to any sanitary sewers: (a) Flammable or explosive liquids, solids, or gases, including, but not limited to, gasoline, benzene, naptha, fuel oil, or other materials with a closed-cup flashpoint ofless than 1400 F. (600 C.) using the test methods specified in 40 CFR 261.21. (b) Pollutants having a pH ofless than 5.0, or greater than 9.5, or otherwise causing corrosive damage to the WWF or its equipment. (c) Pollutants, including oxygen-demanding pollutants (BOD, etc.) released at a flow rate and/or concentration which, either singly or by interaction with other pollutants, will cause interference with the WWF. (d) Any liquid having a temperature higher than 1500 F. or causing the wastewater treatment plant influent to exceed 1040 F. (e) Any water or waste containing petroleum oils, mineral oils, or non-biodegradable cutting oils in amolUlts that will cause interference or pass through, or any fats, wax, grease, or other oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 320 F. and 1500F. (00 C. and 600 C.). (f) Pollutants which result in the presence oftoxic gases, vapors, or fumes within the WWF in quantities that may cause acute worker health or safety problems. - 480 - (g) Any trucked or hauled wastes, except at discharge points designated by the Director. Industrial waste haulers may discharge loads only at locations designated by the Director. No load may be discharged without prior consent of the Director. 'lhe Director may collect samples of each hauled load to ensure compliance with applicable standards. The Director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge. (h) Any water or wastes containing toxic or poisonous or pathogenic solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a public nuisance or an acute health or safety hazard, interfere with the ability to repair or maintain the WWF, or create any hazard in the receiving waters of the wastewater treatment plant. (i) Solid or viscous substances in quantities or of a size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, and the like, either whole or grolUld by garbage grinders. Penalties, see Sec. 26-177 (j) Wastes which impart color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consistently impart color to the treatment plant's efIluent. (k) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations. (l) Sludges, screenings, or other residues from the pretreatment of industrial wastes. (m) Medical wastes, except as specifically authorized by the Director. (n) Wastes causing, either alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test. (0) Detergents, surface active agents, or other substances which may cause excessive foaming in the WWF. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the WWF. Except where expressly authorized by an applicable pretreatment standard or requirement, no user shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. 'lhe City may impose mass limitations on users that are using dilution to meet applicable pretreatment standards or requirements. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) No person shall discharge or cause to be discharged, the below described materials, waters, or wastes (collectively, the substances) if it appears likely that acceptance of those wastes can harm the wastewater treatment process or equipment, the public sewers, the sanitary sewer systems, or have an adverse eflect on the receiving water body, or can otherwise endanger life, limb, public property, or constitute a nuisance. The decision shall be based on those factors as the quantities subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of waste in the wastewater treatment plant, and other pertinent factors. The substances restricted are: (a) Any liquid having a temperature higher than 1500 F. or causing the wastewater treatment plant influent to exceed 1040 F. (b) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 320 F. and 1500F. (00 C. and 600 C.). (c) Any waters or wastes containing strong acid, iron, pickling wastes, or concentrated plating solutions whether neutralized or not. (d) Any waters or wastes containing phenols or other taste or odor producing substances, in a concentration exceeding limits which may be established by the POTW as necessary after treatment of the composite sewage to meet the requirements of the state, federal, or other public agencies of jurisdiction for that discharge to the receiving waters. (e) Any garbage that has not been properly shredded, which shall mean particles in size no greater than 1/2 inches measured in any dimension. (f) Any water or wastes having a pH lower than 5.5 or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structure, equipment, or personnel or any waste treatment works. (g) Any waste containing restricted substances in quantities in excess of the following limits, measured at the point of discharge into any sewer system, or any substance that will pass through the waste treatment facilities and exceed the local limits as adopted by the South Central Regional Wastewater Treatment and Disposal Board as contained in the Interlocal Agreement entered into between the City of Boynton Beach and the City of Delray Beach. Such local limits are incorporated herein by reference. - 481 - (h) Any waste from sodirun-cycle action exchange (water softening) lUlits from industrial or commercial users where the chloride content exceeds eGG- 645 milligrams per liter. (i) Any water or waste containing suspended solids or color of a character and quantity that unusual attention or expense is required to handle those materials at the waste treatment facilities without a special permit issued by the city. (j) Any water or waste with a chlorine demand greater than 15 milligrams per liter. (k) Any radioactive wastes or isotopes or half-life or concentration as may exceed limits established by the POTW in compliance with applicable state or federal regulations. (l ) Volume of flow or concentration of wastes constituting a slug as defined in Section 26-115. (m) Any waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to that degree that the wastewater treatment plant effluent cannot meet the requirement of other agencies having jurisdiction over discharge to the receiving waters. (n) Any waters or wastes containing suspended solids in excess of ~ 400 milligrams per liter unless the user is approved by the city and provided further that the user complies with the requirements of the city's high strength sewer surcharge system. (0) Any waters or wastes with a five-day, 20E C.B.O.D. greater than ~ 400 milligrams per liter unless the user is approved by the city and provided further that the user complies with the requirements of the city's high strength sewer surcharge system. (p) Any waters or wastes containing chemical oxygen demand (COD) greater than 44G- 800 mg/L unless the user is approved by the City and provided further that the user complies with the requirements ofthe City's high strength sewer surcharge system. (q) Total toxic organics as defined in 40 CFR, Part 413.03[ c] are not to exceed 5.0 mg/l, with no one parameter over 1.0 mg/l. (r) h'l'). '.vatsrs sr wastss '.\'i1+1 aR aH1fRsRia Rlt-fSgSR ~sHt8i'lt grsatsr 1+1aR 50 milligrants !'lSI htsr lH'llsss 1+Is ussr is aflflISVSE! 13). t-RS ~it,:,. aRE! flfsviE!sE! fiMt-Rsr 1+Iat 1+1s aSSI ~SFHflliss wAA 1+1s FSEtmrSmsRts sft-RS ~it:"'s Higk st-FSl'lgt-R sswsr slM~kar:gs G).stsm. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99; Am. Ord. No. 01-58, S 2, 12-4-01) Penalty, see Sec. 26-177 (a) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 26-143, and which, in the judgment of the Utilities Director, may have a deleterious eflect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Utility Director may: (l) Reject the wastes. (2) Require pretreatment to an acceptable condition for discharge to the public sewers. (3) Require control over the quantities and rates of discharge. (4) Require payment to cover the added cost of handling and treating the wastes not covered by existing fees or sewer charges as contained in the strength charge system. (b) If the WWF permits the pretreatment or equalization of waste flows, the plans for the design and installation of the equipment shall be subject to the review and approval of the WWF and the city and subject to the requirements of applicable codes, ordinances, laws, and compliance schedules as established by the city. In addition, any major contributing industry as defined by 40 CFR 403 shall comply with 40 CFR 403.12 and any other regulation as shall from time-to-time be established by EPA or other appropriate regulating govemmental agency. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Grease, oil, hair, lint and sand interceptors are to be provided when, in the opinion of the Utilities Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, or other harmful ingredients; except that those interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the city and shall be so located as to be readily and easily accessible for cleaning and inspection. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 - 482 - Where preliminary treatment or flow equalizing facilities and/or interceptors are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the user at his expense. Use of solvents and/or detergents and/or soaps, and/or degreasers is restricted to those levels which do not interfere with the proper functioning of the interceptors. Interceptors like, but not limited to, grease traps, lint traps, or grit traps must have a watertight closure for their inspection covers. 'lhe covers themselves must be of a type to conform with the plumbing codes ofthe City's Building Department. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 All users of the public sewers or sanitary sewers shall recognize and comply with the following: (a) The economy and desirability of the combined treatment of industrial and commercial wastes and sanitary sewage is recognized. However, not all types and quantities of industrial and commercial wastes can be so treated. It shall be the policy to admit the types and quantities of industrial and commercial wastes that are not harmful or damaging to the structures, processes, or operation of the sewage works or are not specifically prohibited. In all cases, a special permit will be issued which will state specific conditions and requirements to be maintained. It is also recognized that to provide this service, additional facilities or treatment are required, and the cost of that must be borne by the user receiving the benefits. (b) (1) Approval in advance by the city is required for the anticipated admission of industrial or commercial wastes into the public sewers having: a. A five-day, 200 C. B.OD. greater than 400 milligrams per liter, or chemical oxygen demand (COD) greater than 800 milligrams per liter. b. A suspended solids content greater than 400 milligrams per liter. ~. .^.RlHlsRia Rlt-fSgSR grsater 1+laR 50 milligFaR'ls fl8r lltsr. d. An oill grease content greater than 100 milligrams per liter. e. A total toxic organic content of greater than 5 milligrams per liter, with no one parameter over 1 milligram per liter. (2) The user shall provide chemical analyses ofthe discharge according to a schedule to be established by the WWF and continued discharge shall be subject to approval ofthe city. (c) Samples shall be collected so as to be a representative sample of the actual quality of the wastes. Samples for analysis may be collected by the user or his representative. Analysis shall be made by a registered sanitary engineer or graduate chemist whose qualifications are acceptable to the city or a wastewater treatment plant operator licensed and registered in the state, or a water testing laboratory certified by the state, using the laboratory methods for the examination of wastewater as set forth in 40 CFR 136 and 62- 625.600, F AC (also see 26-158). (d) When required by the Utilities Director, any establishment discharging industrial or commercial wastes into the sewer system shall construct and maintain at its sole expense a suitable control manhole or other suitable control station downstream from any treatment, storage, or other approved works to facilitate observation, measurement, and sampling of all wastes including all domestic sewage from the establishment. 'lhe location and methods of construction of the control station shall be approved by the Utilities Director. The control station shall be maintained by the establishment so as to be safe and accessible at all times. If any establishment wishes to meter its waste discharge into the sewer system to verify in-product water retention or other uses of metered flow, they may, at their sole expense, install a flow-metering device as approved by the Utilities Director. 'lhe control station shall be accessible to city personnel at all times for sampling. All authorized WWF or city employees shall be permitted, upon suitable notice to the user, to enter upon all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with provisions of this chapter. When required, construction ofthose facilities shall be completed within ninety (90) days following written notification by the City. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 Subdivision E. National Categorical Pretreatment Standards (a) Industrial users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations and as - 483 - required by the city. Industrial users with integrated facilities shall comply with any alternative discharge limits as set by the city. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained solely at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review at the request of the city. The review of those plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to the city prior to the user's initiation ofthe changes. (b) The categorical pretreatment standards fOlIDd at 40 CFR Chapter 1, Subchapter N, Parts 405-471 are hereby incorporated. (l) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(C) and Rule 62-625.410(4), FAC. (2) When wastewater subject to a categorical pretreatment standard is mixed wastewater not regulated by the same standard, the Director shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(E) and Rule 62-625.410(6), FAC. (3) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13 and Rule 62-625.700, F AC, that factors relating to its discharge are fundamentally different from the factors considered by EP A when developing the categorical pretreatment standard. (4) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15 and Rule 62-625.820, F AC. (c) Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation lIDless expressly authorized by an applicable pretreatment standard or requirement. The Director may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. (d) All records relating to compliance with pretreatment standards shall be available to oflicials of the city, the WWF, EP A, or FDEP upon request. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 Upon the promulgation of the national categorical pretreatment standards or alternative discharge limits for a particular industrial subcategory, the pretreatment standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter and shall be considered part of this chapter. After the city receives notice, the city shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) The city reserves the right to establish by further ordinance or regulation more stringent limitations or requirements on discharges to the sewage works if deemed necessary to comply with the objectives presented in this chapter. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) All users are prohibited from increasing the use of process water or, in any way, attempting to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the national categorical pretreatment standards, alternative discharge limits, or in any other pollutant-specific limitation developed by the city or state. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 (a) A user shall provide protection from accidental discharge of restricted and prohibited materials or other substances required by this chapter. Facilities to prevent accidental discharge of prohibited and restricted materials shall be provided and maintained at the owner's expense. (b) Prevention of accidental discharges requires, but is not limited to, providing secondary contairunent for storage of potentially hazardous and/or regulated materials. 'lhe containment requirements are those specified in, but not limited to, 40 CFR 264.170 through 176 and the Pahn Beach County Wellfield Protection Ordinance 88-7 Section 5.01 through 5.04. Containment requirements must meet or exceed the following criteria of this subchapter: - 484 - (1) Containment Volume to be provided shall be in accordance with the regulations and ordinances listed and shall meet or exceed the largest of the volume requirements found in those regulations and ordinances. (2) Storage Sheltering. All outdoor storage shall be sheltered from rainfall, or a suitable means of removing rainwater from secondary containment areas shall be provided. (3) Conditions of the Stored Vessel. All stored containers shall be maintained in sound condition; no rust, corrosion, or other signs of deterioration of the primary containment wall shall be permitted. All stored containers shall be closed and sealed during storage. (4) Segregation of Chemically Heactive Contents. Materials which are potentially reactive with each other shall not be stored in the same containment area, unless physical barrier separations are provided within the common area. (5) Stand-by Materials/Equipment. Absorbents and pumps for pumping out spills shall be available when needed. (6) Design of Containment Floor/Base. 'lhe floor or base of the containment area on which the stored vessels rest shall either be sloped or raised or provided with a drain filUcet to prevent or minimize contact between the storage container wall and spilled content. (7) Materials of Construction for Containment. 'lhe walls, sidings, and floor or base of the containment area shall be constructed of materials which are chemically inert with the stored materials and which render the provided containment volume leak proof. (c) On the request of the city, the user shall be required to submit detailed plans showing facilities and operating procedures to provide this protection. All required users shall complete this plan within ninety (90) days after notification by the city. Iffurther required by the city, a user who commences contribution to the public sewers after the effective date of this chapter shall not be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of those plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements. (d) In the case of an accidental discharge, it is the responsibility of the user to immediately notify by telephone, the Utilities Director, the Executive Director of the WWF, and the WWF. 'lhe notification shall include location of discharge, type of waste, concentration and volume, and correction actions. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 Within five (5) days following an accidental discharge, the user shall submit to the WWF and the city a written report describing the cause of the discharge and the measures to be taken to prevent similar future occurrences. The notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the public/sanitary sewer system, the sanitary sewer system, the WWF, fish kills, or any other damage to person or property; nor shall the notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees of whom to call, in the event of a dangerous discharge. Furthermore, all employers shall ensure that all employees who may cause a dangerous discharge to occur are advised of the emergency notification procedure. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 (a) Any industrial user who commences the discharge of hazardous waste shall notify the Director of Utilities, the Executive Director of the WWF, the EPA Regional Waste Management Division Director, and the State hazardous waste authorities in writing of any discharge into the City Sewer System of a substance which is a listed or characteristic hazardous waste lUlder Section 3001 ofRCRA or 40 CFR part 261. Such notification must include a description of any such wastes discharged, the name of the hazardous waste as set forth in 40 CFR part 261, the EP A hazardous waste number, the volume, concentration, and mass of such wastes, the type of discharge (continuous, batch, or other), and an estimate of the volume of hazardous wastes expected to be discharged during the following twelve months. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. This requirement shall not apply to pollutants already reported under the self~monitoring requirements. (b) Dischargers are exempt from the requirements of paragraph (a) above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR Part 26l.30( d) and 26l.33( e). Discharge of more than 15 kilograms of non-acute hazardous waste in a calendar month, or any quantity of acute hazardous waste, requires - 485 - a one-time notification. Subsequent months during which the industrial user discharges more than 15 kilograms of hazardous waste do not require additional notification, except for the acute hazardous wastes specified in 40 CFR 261. 30( d) and 261. 33( e). (c) In the case of new regulations under Section 3001 ofRCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the Utilities Director, the Executive Director of the WWF, the EP A Regional Waste Management Division Director, and the State hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations, except for the exemption in paragraph (b) ofthis section. (d) In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the vollUlle and toxicity of wastes generated to the degree it has determined to be economically practicable and that it has selected the method oftreatment, storage, or disposal currently available which minimizes the present and future threat to human health and the environment. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 Subdivision F. Reporting, Inspections, and Monitoring Within thirty (30) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the public/sanitary sewer system, the user shall submit to the Utilities Director, a monitoring report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximlUll daily flow for these process units in the user facility which are limited by those pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards and requirements are being met on a consistent basis and, if not, what additional pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. 'lhis statement shall be signed by an authorized representative ofthe industrial user. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) (a) Each significant user and/or permittee shall submit to the city during the months of May and November, unless required more frequently in the pretreatment standard or by the city, a report indicating the nature and concentration of pollutants in the eflluent which are limited by those pretreatment standards or this chapter. In addition, this report shall include a record of daily water conslUllption which, during the reporting period, exceeded the average daily water consumption reported in the submission information. At the discretion of the city and in consideration of those factors as local high or low flow rates, holidays, budget cycles, and the like, the city may agree to alter the months during which the above reports are to be submitted. 'lhe user shall be responsible to quantify that fraction of daily water conslUllption designated for discharge to the sanitary sewer, if different from the total water consumption. (b) Reports of Changed Conditions. Each user must notify the Director of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change. (l) The Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission under Section 26-161. (2) The Director may issue a wastewater discharge permit under Section 26-160 or modify an existing wastewater discharge permit under Section 26-160 in response to changed conditions or anticipated changed conditions. (c) For purpose of this requirement, significant changes include, but are not limited to, flow 20% percent or greater, and the discharge of any previously umeported pollutants. (l) Reports of Potential Problems. a. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nomoutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the WWF, the user shall immediately telephone and notify the of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user. b. Within five (5) days following such discharge, the user shall, unless waived in writing by the Director, submit a detailed written report describing the cause(s) of the discharge and the measures to taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter. c. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in a paragraph (A), above. Employee shall ensure that all employees, who may cause such a discharge toroccur, are advised of the emergency notification procedure. - 486 - (d) Hepart ;rom Unpermitted Users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Director as required. (e) Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) (a) The city, through its employees, is authorized to inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination, records copying, or in the performance of their duties. The city, WWF, state DEP, and EP A shall have the right to set up on the user's property those devices as are necessary to conduct sampling inspection, compliance monitoring, or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, WW F, DEP, and EP A will be permitted to enter, without delay, for the purposes of performing their specific responsibilities (also see Section 26-168). Penalty, see Sec. 26-177 (b) The user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is not feasible, the Director may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. Exceptions to flow proportional sampling are samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds, which must be obtained using grab collection techniques. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) (a) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be available to the public or other governmental agency in accordance with applicable state statutes or federal law. All reports submitted to the city shall be signed by an authorized oflicial and contain the following certification statement: "1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility fines and imprisonment for knowing violations." (b) Information and data obtained from reports, surveys, permit applications, permits, monitoring requirements, and inspection and sampling activities shall be made available to the public without restriction, lIDless the user specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. (c) When requested and demonstrated by the user furnishing that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "eflluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be made available to the public without restriction. A copy ofthe procedure for handling confidential information will be kept on file at the WWF. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Subdivision G. Waste Discharge Permits A special permit will be required for each Significant Industrial User, and all other Industrial Users identified as having other than domestic wastes or waste from sanitary conveniences at the discretion of the Utilities Director. The fixed life of a permit is set up to five years from date of issue, and a renewed waste discharge permit will have a fixed life of up to five years. 'lhese permits may involve the implementation of a formula for surcharge for wastes which exceed the sewage parameters for strength as set forth in Sections 26-162 through 26-165. Permits shall not be transferred, conveyed, assigned, or sold. Penalties, see Sec. 26-177 - 487 - (a) Wastewater Analysis. When requested by the Director, a user must submit information on the nature and characteristics of its wastewater within sixty (60) days of the request. The Director is authorized to prepare a form for this purpose and may periodically require users to update this information. (b) Wastewater Discharge Permit Requirement. (1) No significant industrial user shall discharge wastewater into the WWF without first obtaining a wastewater discharge permit from the Director, except that a significant industrial user that has filed a timely application pursuant to section (c) of this section may continue to discharge for the time period specified therein. (2) The Director may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter. (3) Any violation of the terms and conditions of a waste water discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in Section 26-177. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law. (c ) Wastewater Discharge Permitting: Hxisting Connections. Any user required to obtain a wastewater discharge permit who was discharging waste water into the WWF prior to the effective date of this ordinance and who wishes to continue such discharges in the future, shall, within thirty (30) days after said date, apply to the Director for a wastewater discharge permit in accordance with Section 26- 161, and shall not cause or allow discharges to the WWF to continue after thirty (30) days the effective date of this ordinance except in accordance with a wastewater discharge permit issued by the Director. (d) Wastewater Discharge Permitting: New Connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the WWF must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Section 26-161, must be filed at least thirty (30) days prior to the date upon which any discharge will begin or recommence. (e ) Wastewater Discharge Permit Duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion ofthe Director. Each wastewater discharge permit will indicate a specific date upon which it will expire. (f) Wastewater Discharge Permit Contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's efIluent, protect against damage to the WWF. Wastewater discharge permits must contain: (1) A statement that indicates wastewater discharge permit duration, which in no event shall exceed (5) five years. (2) A statement that the wastewater discharge permit is nontransferable without prior notification to the City of Boynton Beach in accordance with paragraph (c) of this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit; (3) Eflluent limits based on applicable pretreatment standards; (4) Self~monitoring, sampling, reporting, notification, and record-keeping requirements. 'lhese requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law; and (5) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law. Wastewater discharge permits may contain, but need not be limited to, the following conditions: (6) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization; (7) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works; (8) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nomoutine discharges; (9) Development and implementation of waste minimization plans to reduce the amolUlt of pollutants discharged to the WWF; (10) The unit charge or schedule of user charges and fees for the management ofthe wastewater discharged to the WWF, (11) Requirements for installation and maintenance of inspection and sampling facilities and equipment; (12) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and - 488 - (13) Other conditions as deemed appropriate by the Director to ensure compliance with the ordinance, and State and F ederallaws, rules, and regulations. (g) Wastewater discharge permit modification. 'lhe Director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons: (1) To incorporate any new or revised Federal, State, or Local pretreatment standards or requirements. (2) To address significant alterations or additions to the user's operation, process, or wastewater volume or character since the time of wastewater discharge permit issuance; (3) A change in the WWF that requires either a temporary or permanent reduction or elimination of the authorized discharge; (4) Information indicating that the permitted discharge poses a threat to the City of Boynton Beach WWF, City personnel, or the receiving waters; (5) Violation of any terms or conditions ofthe wastewater discharge permit; (6) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; (7) Revisions of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13; (8) To correct typographical or others errors in the wastewater discharge permit; or (9) To reflect a transfer of the facility ownership to a new owner or operator. (h) Wastewater discharge permit transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days advance notice to the Director and the Director approves the wastewater discharge permit transfer. The notice to the Director must include a written certification by the new owner or operator which: (1) States that the new owner and lor operator has no immediate intent to change the facility's operations and processes; (2) Identifies the specific dates on which the transfer is to occur; and (3) Acknowledges full responsibility for complying with the existing wastewater discharge permit. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date offacility transfer. (i) Wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 26-161, a minimum ofthirty (30) days prior to the expiration ofthe user's existing wastewater discharge permit. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) (a) Contents of Application. All users required to obtain a wastewater discharge permit must submit a permit application. The Director may require all users to submit as part of an application the following information: (1) All information required by Section 26-156; (2) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be discharged to the WWF; (3) Number and type of employees, hours of operation, and proposed or actual hours of operation; (4) Each product produced by type, amount, process or processes, and rate of production; (5) Type and amount of raw materials processed (average and maximrun per day); (6) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge; (7) Time and duration of discharges; and (8) Any other information as may be deemed necessary by the Director to evaluate the wastewater discharge permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. (b) This application will define all of the pertinent data concerning the acceptance of industrial and commercial waste flows and will provide the basis for the issuing of a permit certificate specifying limitations on what the user may discharge. 'lhe Permittee may appeal specific conditions of the permit for a period of 30 calendar days following the date of issuance. After this period, the Permittee waives all right to appeal the conditions of the permit. - 489 - (c) The initial permit shall be effective for a period of up to five years from date of issuance and must be renewed annually by the applicant in order to continue that waste discharge. (d) An application for an initial permit shall be accompanied by a cashier's check for the first year's fees in the amount of $500 plus the City's monitoring costs as prescribed by 40 CFR 403. (l) Industrial and commercial waste discharge permit form. The form of permit for industrial and commercial wastes shall be as specified by the city. Specific provisions for continued acceptance by the city of the waste shall be attached to and made a part of the permit to discharge. The city may prescribe those items as equalized flow discharge, prechlorination, or additional limitations on waste characteristics not adequately described in this ordinance or may prescribe pretreatment quality, requirements for the waste flow in detail. (2) Henewal of industrial and commercial waste discharge permit. The application for a renewed waste discharge permit shall be of a form specified by the city. (e) Application signatories and certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons, who manage the system, information submitted is, to the best of my knowledge and belief~ true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." (1) Wastewater discharge permit decisions. 'lhe Director will evaluate the date furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete wastewater discharge permit application, the Director will determine whether or not to issue a wastewater discharge permit. The Director may deny any application for a wastewater discharge permit. (g) Administration of permits. (l) The administration of the industrial and commercial waste discharge permit program and the application of the surcharge formula imposes additional obligations of the cities. (2) The city, in addition to determining the waste flow volumes and analyzing the waste strengths for development of the surcharge, must also maintain an accurate record ofthe permit applications, permits, meter installation details, meter calibrations, and shall make available to each establishment the necessary renewal application forms. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Subdivision H. User Charge and Industrial Cost Recovery System (a) There is imposed upon the owners or upon the users of each retail and wholesale customer served by the sewer system, a monthly user charge for the use thereof as follows: (1) Sewer rates. A charge for waste resulting from hlUllan occupancy which shall include all of the following factors for the operation of the collection system and treatment of wastewater by the regional wastewater facility: a. Operation and maintenance; b. Debt service; c. Capital costs; d. System expansion; e. Others as applicable Consult the Water/Sewer Billing Department for the prevailing rates expressed as $11 ,000 gallons of water consumption. (2) Sewer surcharge. A surcharge for waste in excess of the parameters for strength established in the industrial and commercial waste ordinance, and set forth in Section 26-162(2) which may be assessed to applicable customers. (b) Wholesale sewer rates. (l) This section is applicable to those wholesale customers which maintain their own wastewater collection systems. 'lhey shall be charged a flat rate per 1,000 gallons, the quantity of which shall be determined by the metering of the wastewater discharge from each wholesale customer's individual wastewater collection system. - 490 - (2) The metering device shall be satisfactory to the city and shall provide for a separate remote 30-day recording device which shall have a totalizer. Location of the metering device shall be at an accessible location as agreed upon by the parties involved and as further explained and stipulated in an agreement to be executed by both parties. (3) All costs incident to the furnishing, installation, initial calibration, and maintenance on a continuing basis of the meter, are and shall be, the wholesale customer's responsibility. The wholesale customer will provide to the city or its designated representative full details on the proposed meter installation and assurance that the installation will commence only upon the written authorization of the city. The city shall provide an authorization within ten (10) clays after receipt by the city of the details of the above proposed meter installation. (4) The meter shall be read monthly by a duly authorized agent of the city, and the wholesale customer shall provide access to the meter for this purpose. In the event of suspected inaccuracy in meter readings, the city shall have the right to request that the meter be tested by an independent organization in accordance with standard practices. If the meter shall be fOlUld inaccurate or defective, the cost of the meter test shall be borne by the wholesale customer. If the meter shall be found to be accurate and in good condition, the cost of the meter test shall be borne by the city. (5) In the event of extenuating circlUllstances, the Commission may, at its discretion, direct that suflicient proof other than the installation of a metering device may be acceptable to determine the quantity of wastewater discharge. (c) Calculation of sewer surcharge. (1) Calculation of the sewer surcharge shall be in accordance with the following: Parameter Percent of Eflect on Costs Allowable Level of Sewage Strength BOD-5 41 ~ mg/l (ppm) TSS 15 ~ " " ^ . 4+ 50 " " . .Hlffioma COD 41 444+ " " Let: F=Fl +F2~ Where: F The factor to multiply the sewer rate for a surcharge due to excess strengths. Fl The strength factor for BOD-5 or COD, whichever is higher. F2 The strength factor for TSS (total suspended solids) ji] TRs st-rSHgt-k fa~tsr fsr a1'H1'RsRia (tstal aHlmsma) (2) The surcharge will be added to the sewer rate to develop the monthly cost per customer. As an example of sewer charge calculations utilizing sewer rate and the strength surcharge formula, assume the following with respect to Ajax Manufacturing Company: total monthly flow of 100,000 gallons; COD of eQQ. 900 mg/l; BODS of 500 milligrams per liter; total suspended solids of 900 milligrams per liter; .^.HlffioRia at 100 mg/l; Prevailing monthly sewerrate is $1.52 per 1,000 gallons. 1. Sewer rate: $1.52/1000 gallons (100,000 gallons/month) = $152/month 11. Sewer surcharge calculation: Fl = OAl (~900 - ~ 800) - ~ 0.051 ~ 800 F2 = 0.15 (900 - ~ 400 ~ 400 )-~ 0.188 ji] - {HI (l00 50) - {HI ~ - 491 - F=~ 0.051 +~ 0.188 ~ ~ 0.239 111. Total monthly charge (sewer rate plus surcharge): $1 52/month + $1 52/month( ~ 0.239 ) = $ ~ 188.33 (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) (a) A surcharge shall be applied over and above the standard sewer use fee when the wastes from any lot or parcel of land, upon which there is located any building or activity, contain B.OD., C.OD., ammonia, or suspended solids concentration higher than defined herein. (b) The surcharge in dollars shall be computed by the formulas included in this subchapter established for the user charge and industrial cost recovery system. Computation of Surcharges will be based on efIluent analyses at a frequency determined by the User's water consumption as follows: (1) Monthly eflluent analyses for water usages at more than 100,000 gallons per month. (2) Semi annual eflluent analyses for water consrunption less than 100,000 gallons per month. Surcharges will remain in eflect nntil a new efIluent analysis is required or changed based on interim analyses by the User using a Certified Water Testing Laboratory at the User's expense. Sewer Surcharges will constitute a new line item on the prevailing Water/Sewer Bill prepared monthly per User of the system and subject to prevailing regulations/penalties for late or nonpayments. Reimbursements of Surcharge related monitoring expenses initiated by the City of Boynton Beach are required. (c) Nothing in this chapter shall restrict the city from making additional adjustments in rates if it is found that the nature or quantity of the waste creates an additional burden on the system or if those adjustments are necessary to comply with regulations of the State Department of Environmental Protection or the United States Environmental Protection Agency. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) (a) At the discretion of the Director of the Public Utilities System, there is imposed upon all users of each industrially and commercially classified property served by the sewer system an annual cost recovery assessment. (b) The annual cost recovery is as follows: (1) SID Industrial Permit Fee-$500.00 plus monitoring costs. (2) CommerciallIndustrial User Fee-$50.00 plus monitoring costs. Permit Fees, CommerciallIndustrial User Fees and related monitoring costs reimbursements must be paid within thirty (30) days of Permit issuance or receipt of Monitoring Cost Recovery Notice. CommerciallIndustrial User Fees will be billed as a new line item on the prevailing Water/Sewer Bill prorated over a period of twelve months, but billed monthly; a monthly payment of $4.17 will be added to the prevailing Water/Sewer Bill. (c) SIU Industrial Permit Fees and CommerciallIndustrial User Fees shall be prorated for existing permit holders and users upon enactment ofthis division. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) This subchapter shall be subject to review and revision on the minimum of an annual basis, and the city reserves the right to modify this subchapter or any parts thereof at any time or from time-to-time. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) (a) Any person found to be violating any provision of this subchapter shall be served by the city with written notice stating the nature of the violation. The person shall provide a written plan within thirty (30) days for the satisfactory correction thereof. - 492 - (b) The Director may enter into consent orders, assurances of voluntary compliance, or other similar docrunents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to this ordinance and shall be judicially enforceable. (c) Any person violating any of the provisions of the subchapter shall become liable to the city for any expense, loss, or damage occasioned the city by reason of that violation. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 Subdivision 1. Administration The WWF is responsible for the proper treatment and disposal of all waste that is proper to process through the regional treatment facilities, beginning at the point source. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) (a) To the extent permitted by general law, the proper oflicial and other duly authorized employees oUhe city or the WWF bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observations, measurement, sampling, and testing in accordance with the provisions of this chapter. 'lhe oflicial or his representatives will not inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (b) To the extent permitted by general law, the proper oflicial and other duly authorized employees of the city or the WWF bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds an easement for the purposes of~ but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within that easement. Penalty, see Sec. 26-177 (c) If the Director or designee has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation oUhis chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Director may seek issuance of an inspection warrant pursuant to Sections 933.21-933.26, Florida Statutes, from the Pahn Beach County Court. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) (a) The city may suspend the wastewater treatment service to any user, including other local governments, when the suspension is necessary, in the opinion of the Utilities Director, in or DEP to stop an actual or threatened violation which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, causes interference to the WW F, caused the WWF to violate any condition of its NPDES permit, or causes the city to be in violation of any of its agreements with the WWF. (b) Any user notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the contribution. In the event of a failure of the user to cause the user to volimtarily comply with the suspension or DEP, the city shall take steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the city or WWF systems or endangerment to any individuals. 'lhe city may reinstate the wastewater treatment service upon proof of the elimination of the non- - 493 - complying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within fifteen (15) days from the date ofthe occurrence. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalties, see Sec. 26-177 The City shall publish annually, in the largest daily newspaper published in the City, a list of the industrial users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. 'lhe term "significant noncompliance" shall mean: (a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66%) percent or more of wastewater measurements taken during a six-month period exceed the daily maximrun limit or average limit for the same pollutant parameter by any amount; (b) Technical review criteria (TRC) violations, defined here as those in which thirty-three (33%) percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product ofthe daily maximrun limit or the average limit multiplied by the applicable criteria (one and four-tenths (1.4) for BOD, TSS, tats, oils and grease, and one and two-tenths (1.2) for all other pollutants except pH; (c) Any other discharge violation that the City believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of City personnel or the general public); (d) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the City's exercise of its emergency authority to halt or prevent such a discharge; (e) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; (f) Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; (g) Failure to accurately report noncompliance; (h) Any other violation(s) which the City determines will adversely aflect the operation or implementation of the local pretreatment program. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Subdivision J. Violations; remedies No person shall knowingly make any false statements, representations, or certification in any application record, report, plan, or other document filed or required to be maintained pursuant to this division, or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required under this division. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) (a) Any user subject to enforcement action under the provisions of this division may request a hearing before the Utilities Director within ten (10) days of receipt of notification or proposed enforcement action. A hearing is to be held by the Utilities Director concerning - 494 - the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Utilities Director why the proposed enforcement action should not be taken. (b) The Utilities Director may conduct the hearing and take the evidence, or, at the Utilities Director's sole discretion, may designate the City Attorney or an independent arbitrator to: (1) Issue, in the name of the City, notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in that hearing. (2) Take evidence and hear testimony (the strict rules of evidence shall not apply to any hearing). (3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendation to the Utilities Director or his designee for action thereon. (c) At any hearing held pursuant to this division, testimony taken must be under oath and recorded stenographically, with the costs thereof to be borne by the user. The transcript, so recorded, will be made available to any member ofthe public or any party to the hearing upon payment ofthe usual charges thereof. (d) After the Utilities Director or his designee has reviewed the evidence, he may issue an order to the user responsible for the noncompliance( s) stating that, following a thirty-day time period to provide remediation of noncompliance( s), penalties as per Section 26- 177 will go into effect. Further orders as are necessary and appropriate may be issued. (e) The City shall also establish and assess against the user, appropriate surcharges or fees to reimburse the City for the additional cost of operation and maintenance of the wastewater treatment works due to the violation ofthis division. (1) Costs for conducting a show cause hearing shall be borne by the user requesting the hearing if the enforcement action is upheld. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) If any person discharges sewage, industrial wastes, or other wastes into the city's wastewater disposal system contrary to the provisions oUhis chapter, federal or state pretreatment requirements, or any order of the city, the city's attorney may commence an action against the user for appropriate legal relief~ in the appropriate court which has jurisdiction; and to the extent permitted by law, shall seek recovery of all city costs and expenses related to those actions against the user by the city. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) All users are required to retain and preserve for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereto, relating to monitoring, sampling, waste hauling and chemical analyses made by or on behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the WWF or the city pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods oflimitation with respect to any and all appeals have expired. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) Penalty, see Sec. 26-177 An escalating enforcement strategy shall be used by the City to maintain compliance with this chapter. The various types of enforcement actions shall be used as determined by the Director and/or Code Enforcement Division and/or the City Attorney depending on the type or severity ofthe violation. A copy of the enforcement plan will be kept on file at the WWF. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) (a) Affirmative Defenses to Discharge Violation. (l) Consent Orders. 'lhe Director may enter into Consent Orders, assurances of vohmtary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Section 26-172(D) and shall be judicially enforceable. (b) Upset. - 495 - (1) For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (2) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements for paragraph (c), below are met. (3) A user who wishes to establish the aflirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: a. An upset occurred and the user can identify the cause(s) of the upset; b. The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and c. The user has submitted the following information to the Director within twenty-four (24) hours of becoming aware ofthe upset ifthis information is provided orally, a written submission must be provided within five (5) days: 1. A description of the indirect discharge and cause of noncompliance; ii. The period of noncompliance, including exact dates and time or, if not corrected; the anticipated time the noncompliance is expected to continue; and 111. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance. d. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. e. Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards. f. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. 'lhe requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. (b) Hypass. (1) For the purpose ofthis section, a. "Bypass means the intentional diversion of waste streams from any portion of a user's treatment facility. b. "Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. (2) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also if it also is for essential maintenance to assure eflicient operation. 'lhese bypasses are not subject to the provision of paragraphs (b )(3) and (4) ofthis section. (3) a. If a user knows in advance of the need for a bypass, it shall submit prior notice to the Director, at least ten (10) days before the date of the bypass, if possible. b. A user shall submit oral notice to the Director of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware ofthe bypass. The written submission shall contain a description ofthe bypass and its cause; the duration of the bypass, including exact dates and times, and, ifthe bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. 'lhe Director may waive the written report on a case- by-case basis if the oral report has been received within twenty-four (24) hours. (4) a. Bypass is prohibited, and the Director may take an enforcement action against a user for a bypass, unless: 1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. ii. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and 111. The user submitted notices as required under paragraph (b)(3) of this section. b. The Director may approve an anticipated bypass, after considering its adverse effects, ifthe Director determines that it will meet the three conditions listed in paragraph (b)(4)a. of this section. - 496 - (Ord. No. 99-21, S 1,8-3-99) Failure to comply with any Chapter 26 ordinances that relate to the actual and/or potential introduction of prohibited and/or restricted eflluents into the sanitary sewer system requires penalties as mandated by federal law; e.g. Federal Pretreatment Regulations Section 403. 8( f)(1 )(vi)(A) requires penalties up to the amount of $1 ,000.00 per day per violation which goes uncorrected. (a) Any user who is found to have violated an Order ofthe city or who fails to comply with any provision ofthis chapter for which another penalty is not provided, and the orders, rules, and regulations issued hereunder, shall be penalized up to $1,000 per day for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct oflense. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. A lien against the user's property will be sought for unpaid charges, fines and penalties. In addition to the penalties provided herein, the city may recover all reasonable attorneys' fees, court costs, court reporters' fees, and other expenses of litigation by appropriate motions or suit at law against the user or person found to have violated this chapter or the orders, rules, regulations, and permit issued hereunder. (b) Penalties for Lontinuing Violations. Any person who shall continue any violation beyond the time limit provided for in Section 26-166( a) shall be guilty of a violation, and on conviction thereof, shall be penalized in the amount not exceeding $5,000 for each offense. Each day in which any violation shall continue shall be deemed a separate offense. (c) Whoever violates Section 26-171 shall, upon conviction, be punished by a fine of not more than $1000 or by imprisonment for not more than sixty (60) days, or by both. (d) V,TithiR 30 days of aflY afld all '.'iolatioHs, the user shall cause a sample of the discharge to be takeR afld laboratory aflalysis flsrf8fmsiil 81'1 saiiil sa+Hflls at their S~[flS1'1SS with t-hs rssults t8 BS flr8'.'iiilsiil t8 ths l.lt.jJit-iss Dirs~t8r. Ths Ut-ilitiss Dirs~t8r ma:,' rSEfHirs ftH1:-hsr sampliRg at such times as deemed appropriate. (e) The remedies and penalties provided for in this chapter are not exclusive. 'Ihe Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the Director may take other action against any user when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant user. (Ord. No. 93-8, S 2, 5-18-93; Am. Ord. No. 99-21, S 1,8-3-99) - 497 - - 498 - City of Boynton Beach Sewer Discharge Limits: Parameter Limit Metals 1~F1tiFfleFlY 2.9 Ffl~/I Arsenic 1.96 F1'1!!JI Cadmium 8.98 F1'1!!.'1 CArSFfliblFfl HSH8vslsFlt 9.8 Ffl~/I Chromium-Total 17.78 F1'1!!.'1 Copper 1 e.~9 F1'1!!/1 ~ ~ Lead 1.88 F1'1!!.'1 Mercury 8.77 F1'1!!JI Molybdenum 1.18 F1'1!!.'1 Nickel 8.9ei F1'1!!JI Selenium 1.:2 F1'1!!}1 Silver 2.9€ F1'1!!.'1 Zinc 8.9ei. F1'1!!/1 Inorganics I~FflFfleFlia (sblr8Aar~e) 188 F1'1!!/1 Chloride e99 F1'1!!/1 Cyanide ei.e1 F1'1!!JI CysFlia8 BFflsFls13le 9.8 Ffl~/I te 6RleriRatisR 8.5 F1'1!!.'1 rlbl8Fia8 89 Ffl~fl -PR pH 5.5 -- 9.5 std. units Temperature 150 deg . F Organics CBOD (St:lre19Bl'!!s) 588 F1'1!!.'1 COD (st:lrs19sr!!s) 1888 F1'1!!/1 Oil and grease 289 F1'1!!!1 Petroleum hydrocarbons 25 mg/l Phenol 5.0mgll rReRslie 6SFflI36b1ReJS, tetel 5.8 F1'1!!.'1 Total Toxic Organics (HO) 5 mgll ( No 1 > 1.0 mgll ) TSS (st:lrs19sl'!!s) egg 400/500 *mgll Particle size < 1/2" Radioacative elements Are prohibited - 499 - Florida Department of Environmental Protection Charlie Crist Governor ._-~~~ ~---~~~ Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 I err Kottkarnp Lt, Governor Michael W. Sole SecretalY July 14, 2008 Mr. Willie Williams Pretreatment Coordinator South Central Regional Wastewater Treatment and Disposal Board 1801 North Congress Ave. Delray Beach, FL 33445 Re: South Central.Regional Wastewater Treatment and Disposal Board Pretreatment Program Audit Permit Number FL0035980 Dear Mr. Williams: On April 23, the Florida Department of Environmental Protection (Department) performed a pretreatment program audit (PPA) of the South Central Regional Wastewater Treatment and Disposal Board (Board) pretreatment program. The purpose of the PPA was to evaluate the effectiveness of the program in controlling industrial discharges and in meeting the requirements of Chapter 62-625, Florida Administrative Code (FAC.). The PPA consisted of the standard program interview; a review of the industrial user files Waste Management of Palm Beach (Waste Management) and Micronized Fluropolymer Products, Inc.(Micronized); and a site visit to Micronized. As part of the PPA, the Board's enforcement response plan, and the City of Boynton Beach's and City of Delray Beach's sewer use ordinances were also reviewed. Based on the PPA, the Board is adequately implementing its pretreatment program. However, there are a few issues that need to be addressed. A summary of the findings from our PPA is contained in Attachment A and a summary of the sewer use ordinances review is contained in Attachment B. Please review the attachments and respond to the Department addressing our concerns by August 29. If you have any questions regarding this correspondence, or need any assistance, please contact Sam Jinkins or myself at the letterhead address or at (850) 245-8605. Sincerely, ----pzr~ Dawn K. Templin, P.E. Pretreatment Coordinator DKT/swj Attachments cc: Tim Powell, P.E., DEP Southeast District Office Dennis Coates, SCRWTDB Paul Decarolis, City of Delray Beach Arsenio Elizondo, City of Boynton Beach "Morc Protcction. Less Process" G;\Dome,tioIPROTREAnsoUTH CENTRAI.\INSPIPI'A Q7.oo.doo www.dep.slate.fl.us - 500 - ATTACHMENT A Pretreatment Program Audit South Central Regional Wastewater Treatment and Disposal Board Audit Date: April 23, 2008 The following is a summary of a Pretreatment Program Audit (PPA) of the South Central Regional Wastewater Treatment and Disposal Board (Board) Industrial Pretreatment Program. Sam Jinkins of the Florida Department of Environmental Protection (Department) performed the PPA. Willie Williams represented the Board, and Paul Decarolis and Gene Tarver represented the Cities of Delray Beach (Delray) and Boynton Beach (Boy ton), respectively. The comments identify particular program areas where improvements should be incorporated to meet applicable pretreatment program requirements and areas where improvements are suggested to facilitate effective implementation of the program. General Comments It was discussed during the PCI, that once the Board's wastewater discharge permit is renewed, there will be a requirement to re-evaluate its local limits. Although not required, it is recommended that a Plan of Study (POS) be submitted to the Department prior to commencing local limits sampling. The POS can help to prevent re-sampling, due to improper locations, or additional analyses due to improper detection limits. A copy of the Department's Plan of Study Summary was sent via email on June 1, to assist you when preparing the POS. . Industrial User Control Mechanisms 1. Two of the required permit elements were missing from the industrial user control mechanisms (permits) for Micronized and Waste Management. In accordance with Rule 62-625.500 (2)(a)2, FAC., the following required notification requirements must be included in all industrial user permits: a. Part 5., Section C.4. of both permits require that the significant industrial user (SIU) report any slug loads to the Board within 24 hours of occurrence. However, in accordance with Rule 62-625.600(5), FAC., all IUs must notify the Board immediately of all discharges that could cause problems, including slug discharges. The immediate notification of a slug discharge requirement must be included in each SIU permit. Please revise all SIU permits to include this requirement as they are renewed. b. The notification requirements for bypass in Part 5., Section A. k) of both permits require five days notice for unanticipated bypass. However, in accordance with 62-625.860(2)(b), FAC., the SIU must submit oral notification of a bypass within 24 hours of becoming aware of the bypass and a written submission must be provided within 5 days of the time the SIU becomes aware of the bypass. Please revise all SIU permits to include all bypass notification requirements as they are renewed. - 501 - 2. There are several typographical errors in the "Monitoring Requirements" table of Waste Management's permit. For example, "NOTE A pg 4" is noted in the "Frequency" column for "Water Flow" on the table; however, the reference could not be found on page 4 of the permit. The Department recommends reviewing the references in the table and revising the permit, as necessary, to correct the typographical errors when the permit is renewed. Enforcement Response Plan (ERP) The review of the ERP for Delray indicated that several anticipated types of noncompliance, and specific procedures to identify and track noncompliance were not included. Additionally, the ERP does not indicate time frames for response to a noncompl1ancebyan industrial user. In accordance with Rule 62-625.500(2)(d), FAC., an ERP must contain detailed procedures that, at a minimum: 1. Describe how the control authority will investigate instances of noncompiiance; and 2. Describe the types of escalating enforcement responses the control authority will take in response to all anticipated types of industrial user violations and the time periods within which responses will take place. Guidance on the development of an ERP and a model ERP is available in Chapter 9 of the State of Florida Guidance Manual for Pretreatment Programs, (July, 2001) or the EPA's Guidance for Developing Control Authority Enforcement Response Plans (September 1989). The Department recommends that the Board review the enforcement response plan and evaluate the need to update the current ERP. Additionally, in accordance Item 36 (pg 39) of the Agreement, it appears that Boynton and Oelray are responsible for enforcement of their own sewer use ordinances. Therefore, an ERP from each City or an ERP from the Board, that each City agrees to follow, should have been submitted during the PPA. An ERP was received; however, it appears that the submitted ERP is for Delray only and an ERP was not received from the Board or from Boynton. Please indicate in your response if the Board or Boynton has adopted Delray's ERP. - 502 - Attachment B Sewer Use Ordinance Review Summary Reviewed by: Samuel Jinkins Due to the relationship between the Board and the Cities of Delray Beach (Delray) and Boynton Beach (Boynton), the sewer use ordinances '(SUO) of both of the Cities were reviewed. It was noted that the Industrial Waste and Pretreatment Agreement (Agreement), between the Board and the Cities, addresses the requirement for the Cities to adopt a sewer use ordinance that is no less stringent than the requirements listed in the Agreement. Since the Board is the control authority and the requirements for the Cities to adopt an SUO are contained in the Agreement, it is the Board's responsibility to ensure that each City's SUO meets the requirements of Rule 62-625.500(2)(a), F.A.C. -..._~~-~-- The review is based on the requirements for legal authority as specified in Rule 62- 625.500(2Xa), FAC. Where appropriate, references are made to the 1992 Model Pretreatment Ordinance (EPA 833-B-92-003) prepared by the U.S. EPA Office of Wastewater Enforcement and Compliance, Permits Division. A copy of the model ordinance can be found in the State of Florida Guidance Manual for Pretreatment Programs. Checklist Reference SUO Reference Comment 1.4 53.004 (Delray) 5.3 53.102 (Delray) 6.8 26-177(d) (Boynton) 53.999 (Delray) 6.10 53.084 (Delray) The definition of grab sample in the Delray SUO is incorrect. This definition states that the sample should be collected n. ..without consideration of time." The correct language should state that the sample is taken "...with no regard to the flow in the waste stream and over a time period not to exceed 15 minutes." Please refer to Section 1.4 of the Model Ordinance and revise the definition in Delray's ordinance accordingly. The section regarding permit appeals could not be found in the SUO for Delray. The Department recommends referring to Section 5.3 of the Model Ordinance and adding this section to the SUO for Delray. In accordance with Rule 62-625.600(6)(b), FAC., and item 18 of the Agreement requires any industrial user to notify the respective City within 24 hours of becoming aware of a violation. However, it was noted that neither Delray's nor Boyton's SUO contain the 24 hour notification requirement. Please refer to the above noted Rule, item 18 of the agreement and Section 6.8 Model Ordinance and add this requirement to both City's SUOs. The Department recommends referencing Chapter 62- 160, FAC., and Rule 62-625.600(1)(e)6, FAC., in addition to the federal rule reference of 40CFR, part 136, regarding sample collection and analysis in Delray's SUO. - 503 - Checklist Reference SUO Reference 10 Comment 11.4 13.2 None None None The following administrative enforcement remedies were not found in the either SUO for Boynton or Delray: Compliance Orders/Schedules (section 10.4); and Cease and Desist Orders (section 10.5). The Department recommends referring to Sections 10.4 and 10.5 of the Model Ordinance and include these enforcement remedies in both SUOs. The sectioh concerning Remedies Nonexclusive could not be found in the SUO for Delray. The Department recommends referring to-Section -1-1-:-4-0f-the Mode'--~---- -- ----~--- Ordinance and adding this section to the Delray's SUO. The affirmative defenses to discharge violations for the Prohibited Discharge Standards were not found in Boynton's or Delray's SUO. In accordance with Chapter 62-625.400(1)(b), FAC., an industrial user must have an affirmative defense to discharge violations. Please refer to the above noted Rule and Section 13,2 of the Model Ordinance and add this item to the SUO. - 504 -