06-25-2020 VC REG-A with attachments_Revised
VILLAGE OF NORTH PALM BEACH
REVISED REGULAR SESSION AGENDA
VILLAGE HALL COUNCIL CHAMBERS THURSDAY, JUNE 25, 2020
501 U.S. HIGHWAY 1 7:30 PM
Susan Bickel Mark Mullinix David B. Norris Darryl C. Aubrey Deborah Searcy
Mayor Vice Mayor President Pro Tem Councilmember Councilmember
Andrew D. Lukasik Leonard G. Rubin Jessica Green
Village Manager Village Attorney Village Clerk
In accordance with Executive Order No. 20-91 issued by Governor Ron DeSantis on April 1, 2020, all
senior citizens and individuals with a significant underlying medical condition are ordered to
stay at home and limit the risk of exposure to COVID-19. The Order further indicates that all
persons in Florida shall limit their personal interactions outside of their homes to only those
necessary to obtain or provide essential services or conduct essential activities. Similarly, the
Centers for Disease Control and Prevention guidance advises that all individuals adopt far-reaching
social distancing measures, including avoiding gatherings of more than 10 people. Therefore, in
accordance with Executive Order No. 20 -69 issued by the Governor on March 20, 2020, the
Village of North Palm Beach shall utilize communications media technology to facilitate public
participation in this meeting electronically, via internet access or telephone.
INSTRUCTIONS TO JOIN MEETING ELECTRONICALLY
To join meeting by computer (video & audio) click or type the following link in address bar:
https://us02web.zoom.us/j/87908730172?pwd=UG8rbDNIZHVCS2hkTXJXL3h2SWp1dz09
Meeting ID: 879 0873 0172
Password: 627229
To join meeting by phone (voice only):
888 475 4499 US Toll-free
877 853 5257 US Toll-free
Meeting ID: 879 0873 0172
Public Comments: Public comments can be submitted by filling out the electronic public comment
form that can be accessed by clicking the following link Public Comment Form. Public comments can
also be made by leaving a voice message at 561-904-2126. All public comments will be read into the
record at the Public Comment portion of the meeting.
Regular Session Agenda, June 25, 2020 Page 2 of 3
For full detailed instructions on how to the join the meeting by either telephone or by computer
please see the Village of North Palm Beach Village Council webpage or click on the following
links:
Instructions for attending Village Council Meeting by phone
Instructions for attending Village Council Meeting by computer
AGENDA
ROLL CALL
INVOCATION - VICE MAYOR
PLEDGE OF ALLEGIANCE - MAYOR
AWARDS AND RECOGNITION
APPROVAL OF MINUTES
1. Minutes of the Regular Session held 6/11/2020
COUNCIL BUSINESS MATTERS
STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS
Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item
under Statements from the Public. Time Limit: 3 minutes
Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda
will be called on when the issue comes up for discussion. Time Limit: 3 minutes
Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chambers) and
submit it to the Village Clerk prior to the beginning of the meeting.
DECLARATION OF EX PARTE COMMUNICATIONS
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
2. 1ST READING OF ORDINANCE 2020-02 – CODE AMENDMENT – CHRONIC NUISANCE
PROPERTY Consider a motion to adopt on first reading Ordinance 2020-02 amending Chapter 2
"Administration", of the Village Code of Ordinances to adopt a new Article VIII, "Chronic Nuisance
Abatement Property Code", to identify and address properties that are not property managed and/or
maintained and which negatively impact both adjacent properties and the health, safety and welfare
of the Village.
Regular Session Agenda, June 25, 2020 Page 3 of 3
CONSENT AGENDA
The Consent Agenda is for the purpose of expediting issues of a routine or pro -forma nature. Councilmembers
may remove any item from the Consent Agenda, which would automatically convey that item to the Regular
Agenda for separate discussion and vote.
3. RESOLUTION – Approving a Federally-Funded Subaward and Grant Agreement with the State of
Florida Division of Emergency Management for the receipt of FEMA grant funds; and authorizing
execution of the Agreement.
4. Receive for file Minutes of the Library Advisory Board meeting held 5/26/20.
OTHER VILLAGE BUSINESS MATTERS
5. RESOLUTION – PURCHASE OF REFURBISHMENT TO COVERSHOT MOBILE CANOPY FOR
COUNTRY CLUB DRIVING RANGE Approving the sole source purchase of the refurbishment of a
Covershots mobile canopy by Covershots Mobile Canopies International, LLC for the Country Club
Driving Range at a total cost of $36,662.
6. RESOLUTION – SANITATION TRUCK PURCHASE Approving the acquisition of a 2020 Mack Rear
Loader Sanitation vehicle from Nextran Corporation d/b/a Nextran Truck Center of Riviera Beach
pursuant to pricing established in an existing Florida Sheriff's Association Contract; approving a
seven-year lease agreement with Pinnacle Public Finance, Inc. at a total cost of $270,928 over the
term of the lease; and declaring one 2001 Sterling Acterra Rear Loader Sanitation Truck #67 as
surplus property and authorizing its disposal.
COUNCIL AND ADMINISTRATION MATTERS
MAYOR AND COUNCIL MATTERS/REPORTS
7. Motion - Designating a voting delegate for the Florida League of Cities Conference
VILLAGE MANAGER MATTERS/REPORTS
8. Stormwater Study Presentation
9. Strategic Planning - Prioritization
REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS)
ADJOURNMENT
If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting,
he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105).
In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting
should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date.
This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties
and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda.
Page 1 of 2
VILLAGE OF NORTH PALM BEACH
VILLAGE ATTORNEY’S OFFICE
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Leonard G. Rubin, Village Attorney
DATE: June 11, 2020
SUBJECT: ORDINANCE 1st Reading – Amending Chapter 2 of the Village Code of Ordinances to
adopt a Chronic Nuisance Property Code
The purpose of this Ordinance is to identify and address properties within the Village that have a
significant adverse impact on the quality of life and safety of the surrounding area; negatively affect the
value of adjacent properties; and are a financial and operational burden on the resources of the Village,
especially the Police and Fire Rescue Departments. Once the chronic nuisance properties are identified,
the Village seeks to hold those persons responsible for such nuisance activities or conditions
accountable; assist in abating the existence of such activities and conditions; and recover the cost of
providing services to the properties.
Under the proposed Ordinance, the Village may declare a property a chronic nuisance property if a
pattern of nuisance activity exists on the property. A pattern of nuisance activity consists of:
Police Department response to three or more nuisance activities within 30 days;
Police Department response to seven or more nuisance activities within six months; or
Police Department of Fire Rescue Department response to three or more calls within 30 days or
seven or more calls within six months to assist an individual who displays the symptoms of an
overdose of a controlled substance.
By definition, nuisance activities include a wide array of violations of the Village Code (from alcoholic
beverages to noise control) and the Florida Statutes (from battery to the discharge of firearms to
prostitution). These activities are listed in Section 2-302 of the proposed Ordinance.
Once the Village has declared a property a chronic nuisance, the Village will send a declaration of chronic
nuisance to the property owner. The declaration contains a description of the nuisance activities and
includes a proposed nuisance abatement agreement outlining the corrective action to be taken by the
property owner to remedy the nuisance activity. The corrective action plan may include a number of
abatement measures, including but limited to the following:
Commencement of eviction action to remove individuals engaged in nuisance activity from the
property;
Implementation of Crime Prevention through Environmental Design (CPTED) measures;
Site visits and inspections at various times of day and night;
Hiring property management and private security;
Installing security cameras with recording capabilities;
Use of written lease agreements (rental properties) or written registers (hotels/motels) confirmed
with official identification;
Criminal background checks for prospective tenants; and
Page 2 of 2
Posting of no trespassing signs
If the property owner refuses to enter into the nuisance abatement agreement or subsequently violates
the terms of the agreement, the case is presented to the special magistrate. If the declaration of chronic
nuisance is upheld, the special magistrate enters a chronic nuisance order which:
Authorizes the Village to provide chronic nuisance services to the property and abate the
nuisance;
Authorizes the Village to bill the costs of any chronic nuisance services to the owner of the
property; and
Authorizes the Village to require the owner of the chronic nuisance property to implement
reasonable and specific measures that the property owner must take to curtail or eliminate the
reoccurrence of nuisance activities on the property.
The chronic nuisance order remains in effect until terminated by the special magistrate once the nuisance
activities have been abated on the property for a period of one year and when requested by either the
Village or the property owner.
Once the chronic nuisance order is in place, the Village can bill the property owner for the actual cost of
providing chronic nuisance services, including calls for Police and Fire Rescue services. If the property
owner fails to pay the bill, the Village Council, through the adoption of a Resolution, may assess such
charges and impose a lien against the property. This assessment lien is superior to all other liens, with
the exception of a lien for taxes. A number of municipalities impose such costs as a non-ad valorem
assessment. Due to the limited number of chronic nuisance properties within the Village, this Ordinance
provides for the imposition of a lien. However, the Ordinance may be amended to provide for non-ad
valorem assessments. Based on the statutory requirements applicable to the uniform method of
imposing and collecting non ad valorem assessments, if the Village were to adopt a notice of intent to
use the uniform method during the 2020 calendar year, such assessments would not actually be imposed
against the property until the 2022 calendar year.
When there is a change in title to property that is subject to a chronic nuisance abatement order, the new
owner has forty-five (45) days to provide the Village with an action plan and implement that plan.
There is no immediate fiscal impact.
Recommendation:
Village Staff recommends Council consideration and adoption on first reading of the attached
Ordinance amending Chapter 2 of the Village Code of Ordinances to adopt a Chronic Nuisance
Property Code in accordance with Village policies and procedures.
Page 1 of 12
ORDINANCE NO. 2020-___ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3
NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 2, 4
“ADMINISTRATION,” OF THE VILLAGE CODE OF ORDINANCES TO 5
ADOPT A NEW ARTICLE VIII, “CHRONIC NUISANCE ABATEMENT 6
PROPERTY CODE;” PROVIDING FOR PURPOSE AND INTENT; 7
PROVIDING FOR DEFINITIONS; PROVIDING FOR A DECLARATION OF 8
CHRONIC NUISANCE AND AN ACTION PLAN; PROVIDING 9
PROCEDURES FOR ENFORCEMENT; PROVIDING FOR HEARINGS 10
BEFORE THE SPECIAL MAGISTRATE; PROVIDING FOR THE ENTRY OF 11
A CHRONIC NUISANCE SERVICE ORDER; PROVIDING FOR THE 12
ESTABLISHMENT AND BILLING OF COSTS; PROVIDING FOR THE 13
ASSESSMENT OF LIENS; PROVIDING FOR A CHANGE IN TITLE TO 14
NUISANCE PROPERTIES; PROVIDING FOR CODIFICATION; PROVIDING 15
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING 16
FOR AN EFFECTIVE DATE. 17
18
WHEREAS, the Village Council determines that there is a relative amount of police and fire rescue 19
services use to which each parcel of real property is entitled as a taxpayer of the Village; and 20
21
WHEREAS, the Village Council further determines that some properties, described as chronic 22
nuisance properties, require disproportionate police, fire rescue and code compliance services and 23
cause an unnecessary burden on those services and therefore on all taxpayers of the Village; and 24
25
WHEREAS, properties with a disproportionate number of service calls are an indication that such 26
properties are not being properly managed and/or maintained; and 27
28
WHEREAS, the Village Council deems it appropriate and in the best interests of the residents and 29
citizens of the Village of North Palm Beach to adopt a Chronic Nuisance Property Code to identify 30
and address properties that are not property managed and/or maintained and which negatively 31
impact both adjacent properties and the health, safety and welfare of the Village. 32
33
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 34
OF NORTH PALM BEACH, FLORIDA as follows: 35
36
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 37
38
Section 2. The Village Council hereby amends Chapter 2, “Administration,” of the Village 39
Code of Ordinances by adopting a new Article VIII, “Chronic Nuisance Property Code,” to read 40
as follows (additional language underlined): 41
42
ARTICLE VIII. VILLAGE OF NORTH PALM BEACH CHRONIC 43
NUISANCE PROPERTY CODE. 44
45
46
47
Page 2 of 12
Sec. 2-301. Purpose and Intent. 1
2
(a) Purpose. The purpose of this article is to identify properties that 3
have a significant adverse impact on the quality of life and safety of the surrounding 4
area, negatively affect the value of adjacent properties, and are a financial and 5
operational burden to the village by generating repeated calls for service. 6
7
(b) Intent. The intent of this article is to: 8
9
(1) Identify chronic nuisance activities and chronic nuisance conditions; 10
11
(2) Hold accountable those persons responsible for such nuisance 12
activities and/or conditions on the property; 13
14
(3) Penalize those who commit crimes or those who permit conditions 15
to exist that give rise to crime or excessive calls for service to the 16
police and fire rescue departments; 17
18
(4) Establish rules, procedures and penalties to address property owners 19
that have chronic nuisance issues and fail to take corrective 20
measures; 21
22
(5) Work in partnership with the owners to address the negative results 23
caused by chronic nuisance activities and/or conditions, and to 24
improve the vitality of neighborhoods by addressing excessive calls 25
for service to the police and fire rescue departments; and 26
27
(6) Establish the cost of Village response and enforcement services to 28
the property owners identified as owning chronic nuisance 29
properties. 30
31
Sec. 2-302. Definitions. 32
33
When used in this article, the following terms shall have the meanings 34
ascribed to them in this section except where the context clearly indicates a different 35
meaning: 36
37
Action plan or corrective action plan means a plan prepared by the village, 38
incorporated into a nuisance abatement agreement and agreed to by the owner, to 39
address and eliminate nuisance activity on the owner’s property by the 40
implementation of proactive steps by the property owner. 41
42
Chronic nuisance property means a property on which one or more 43
continuing nuisance activities occurs or reoccurs in accordance with the terms of 44
this article. 45
46
Chronic nuisance services mean remedial actions taken by the village to 47
eliminate or mitigate a nuisance condition that threatens the public health, safety or 48
welfare. 49
Page 3 of 12
1
Nuisance activity means any activity relating to the following violations, 2
whenever engaged in by the property owner, operator, agent, tenant, or invitee of 3
the property owner, operator, agent or tenant (all references to Florida Statutes are 4
to Florida Statutes 2019 or as amended thereafter): 5
6
(1) Chapter 3 - alcoholic beverages. 7
8
(2) Chapter 19, article V - noise control. 9
10
(3) Chapter 19, article II - sexual offenders and sexual predators. 11
12
(4) F.S. § 767.12 - dangerous dogs. 13
14
(5) F.S. § 784.03 - battery; felony battery. 15
16
(6) F.S. § 784.041 - felony battery. 17
18
(7) F.S. § 784.045 - aggravated battery. 19
20
(8) F.S. § 790.10 - improper exhibition of dangerous weapons or 21
firearms. 22
23
(9) F.S. § 790.15(1) - discharging firearm in public. 24
25
(10) F.S. § 796.06 - renting space to be used for prostitution. 26
27
(11) F.S. § 796.07 - prostitution. 28
29
(12) F.S. § 800.03 - exposure of sexual organs. 30
31
(13) F.S. § 806.13- criminal mischief. 32
33
(14) F.S. § 810.08 - trespass in structure or conveyance. 34
35
(15) F.S. § 810.09 - trespass on other than structure or conveyance. 36
37
(16) F.S. § 812.014 - theft. 38
39
(17) F.S. § 812.019 - dealing in stolen property. 40
41
(18) F.S. § 812.173 – convenience business security. 42
43
(19) F.S. § 823.01 - nuisance. 44
45
(20) F.S. § 828.12 - cruelty to animals. 46
47
(21) F.S. § 843.01 - resisting officer with violence. 48
49
Page 4 of 12
(22) F.S. § 843.02 - resisting officer without violence. 1
2
(23) F.S. § 856.011 - disorderly intoxication. 3
4
(24) F.S. § 856.015 - open house parties. 5
6
(25) F.S. § 856.021 - loitering or prowling. 7
8
(26) F.S. § 856.022 - loitering or prowling in close proximity to children. 9
10
(27) F.S. ch. 874 - criminal gang enforcement and prevention. 11
12
(28) F.S. § 877.03 - breach of the peace; disorderly conduct. 13
14
(29) F.S. ch. 893 - any offense under the Florida Comprehensive Drug 15
Abuse Prevention and Control Act, including but not limited to 16
public nuisances as defined by § 893.138. 17
18
(30) Any other offense under state or federal law that is punishable by a 19
term of imprisonment exceeding one (1) year. 20
21
(31) A call for service to property for police or fire rescue personnel to 22
assist an individual who displays the symptoms of an overdose of a 23
controlled substance. 24
25
Nuisance abatement agreement means an agreement entered into between 26
the village and the property owner that contains an action plan to be implemented 27
by the property owner to address and abate the nuisance activity. 28
29
Nuisance condition means any temporary or permanent condition on the 30
property which arises from nuisance activity. 31
32
Operator means any agent, employee, property manager, tenant, sub-tenant, 33
contractor, subcontractor, licensee, invitee, or other individual or entity that is 34
authorized by the property owner to supervise, manager or otherwise control any 35
activities which may occur on the property. 36
37
Pattern of nuisance activity. Real property shall be deemed to exhibit a 38
pattern of nuisance activity if: 39
40
(1) The village's police department has responded to three (3) or more 41
nuisance activities at the property within thirty (30) days; 42
43
(2) The village's police department has responded to seven (7) or more 44
nuisance activities at the property within six (6) months; or 45
46
(3) The village's police department or fire rescue department has 47
responded to three (3) or more calls for service within thirty (30) 48
days or seven (7) or more calls for service within six (6) months to 49
Page 5 of 12
assist an individual who displays the symptoms of an overdose of a 1
controlled substance. 2
3
Sec. 2-303. Construction and application. 4
5
A pattern of nuisance activity shall not be construed to include: 6
7
(1) A nuisance activity that does not arise from the conduct of the 8
property owner, operator, agent, tenant, or invitee of the property 9
owner, operator, agent or tenant or where the property owner, 10
operator, agent or tenant is the victim of a crime; 11
12
(2) A complaint or call for service to which the village responded and 13
the village determined that no violation was committed; or 14
15
(3) A domestic violence call. 16
17
Sec. 2-304. Separate occurrences. 18
19
For purposes of this article, every instance that the police department or fire 20
rescue department responds to a nuisance activity at the property shall be a separate 21
occurrence. 22
23
Sec. 2-305. Declaration of chronic nuisance; action plan. 24
25
(a) Declaration of chronic nuisance property. If a pattern of nuisance 26
activity exists upon real property, the village may declare the property to be a 27
chronic nuisance property. The village shall send its declaration of chronic nuisance 28
to the property owner by hand delivery or certified mail, return receipt requested, 29
and first-class mail to the address listed on the ad valorem tax roll or the property 30
appraiser’s database. The declaration of chronic nuisance property constitutes a 31
notice of violation which, if unaddressed in an executed nuisance abatement 32
agreement, may be prosecuted by the village before the village’s special magistrate. 33
Mailing to the property owner at the address listed on the ad valorem tax roll or the 34
property appraiser’s database shall be prima facie proof of delivery. Notice shall 35
also be posted at the property where the nuisance activities occurred. Removal of 36
the posted notice without written approval of the village is prohibited and shall 37
constitute a separate violation of this article. 38
39
(b) Contents of declaration of chronic nuisance property. The 40
declaration of chronic nuisance property shall contain at least the following 41
information: 42
43
(1) A reference to chapter 2, article VIII (the "Village of North Palm 44
Beach Chronic Nuisance Property Code"); 45
46
(2) The address and parcel control number of the property; 47
48
(3) The dates that the nuisance activities occurred at the property; 49
Page 6 of 12
1
(4) A description of the nuisance activities; 2
3
(5) A proposed nuisance abatement agreement which outlines the 4
corrective action to be taken by the property owner to remedy the 5
nuisance activity. 6
7
(6) A statement that the property owner’s failure to enter into a nuisance 8
abatement agreement within fifteen (15) days of the declaration of 9
chronic nuisance will result in a violation of this article and further 10
prosecution and enforcement action by the village before the 11
village’s special magistrate or by other legal actions available to the 12
village. 13
14
(7) A statement that the costs of any chronic nuisance services provided 15
by the village to a property that has been declared to be a chronic 16
nuisance property may be levied against the property as a lien 17
superior to all other private rights, interests, liens, encumbrances, 18
titles and claims upon the property and equal in rank and dignity 19
with a lien for ad valorem taxes; and 20
21
(8) A warning that the posted notice cannot be removed except with 22
written permission from the Village. 23
24
(c) Nuisance abatement agreement. A nuisance abatement agreement 25
shall set forth a corrective action plan with specific measures that the property 26
owner must take to curtail or eliminate the reoccurrence of nuisance activities at the 27
property. The nuisance abatement agreement shall contain a timetable for 28
corrective action. The corrective action plan may include abatement measures 29
which must be taken by the property owner including, but not limited to: 30
31
(1) Commencement of an eviction action to remove those individuals 32
engaged in the nuisance activity from the property; 33
34
(2) Implementation of crime prevention through environmental design 35
(CPTED) measures; 36
37
(3) Frequency of site visits and inspections at various times of both day 38
and night; 39
40
(4) Hiring of property management; 41
42
(5) Hiring of private security; 43
44
(6) Installation of security cameras with recording capabilities; 45
46
(7) Use of a written lease agreement for rental properties or a written 47
register confirmed with official identification for public lodging 48
establishments; 49
Page 7 of 12
(8) Criminal background checks for prospective tenants and lease 1
renewals; 2
3
(9) Posting of "no trespassing" signs at the property and execution of a 4
“no trespass affidavit” authorizing the police department to act as an 5
agent of the property owner to enforce trespass statutes on the 6
property; 7
8
(10) Regular requests to the police department for offense and incident 9
reports relating the property. 10
11
(11) Written documentation of all efforts to curtail or eliminate the re-12
occurrence of nuisance activities on the property; 13
14
(12) Any other action that the village determines is reasonably sufficient 15
to curtail or eliminate the reoccurrence of nuisance activities on the 16
property. 17
18
(d) Modification of nuisance abatement agreement. The village may 19
agree to modify the proposed or finalized nuisance abatement agreement when the 20
property owner demonstrates that modification will improve the nuisance 21
abatement action. 22
23
(e) Recording of memorandum of agreement. When a nuisance 24
abatement agreement is entered into, a memorandum of agreement specifying the 25
property address shall be recorded by the village in the public records of Palm 26
Beach County, Florida. 27
28
(f) Monitoring and compliance. The village will periodically monitor 29
the property to assure compliance for a period of one (1) year following execution 30
of the agreement. If the property owner complies with the agreement, as 31
determined by the village, the declaration of chronic nuisance will be rescinded, the 32
village will issue and record a notice of compliance related to the memorandum of 33
agreement that was previously recorded, and no further action by the property 34
owner shall be required. The village may require the property owner to enter into 35
a new agreement if a nuisance activity reoccurs. 36
37
(g) Inadequacy of action plan. If the Village determines during the 38
monitoring period that the action plan is not adequate to curtail or eliminate the 39
recurrence of nuisance activities on the property, the village may require the 40
property owner to revise the action plan. The determination as to whether or not 41
the monitoring period is adequate is in the sole and exclusive discretion of the 42
village, based on the totality of circumstances for the specific property. 43
44
Sec. 2-306. Refusal to sign or violation of agreement. 45
46
When a property owner refuses to timely enter into a nuisance abatement 47
agreement or subsequently violates the terms of an agreement, the village may 48
prosecute its declaration of chronic nuisance at a hearing before the village's special 49
Page 8 of 12
magistrate. The village shall issue the notice of hearing within fifteen (15) days 1
from the deadline for entry into a nuisance abatement agreement or the violation of 2
a provision of the agreement or action plan. The village shall notify the property 3
owner with a copy of the notice of hearing by hand delivery or by certified mail, 4
return receipt requested and first-class mail. 5
6
Sec. 2-307. Hearing before the special magistrate; entry of chronic nuisance 7
order. 8
9
(a) Scope of hearing. The hearing before the special magistrate shall be 10
limited to the review of the record or evidence upon which the village based the 11
declaration of chronic nuisance or the failure by the property owner implement the 12
agreement or action plan and any rebuttal offered by the property owner. All 13
testimony shall be under oath and the village and the property owner shall be 14
afforded the opportunity to call or cross-examine any witness. 15
16
(b) Decision of special magistrate. After hearing the testimony and 17
evidence, the special magistrate shall either uphold or reject the village's declaration 18
of chronic nuisance or notice of violation regarding the corrective action plan, as 19
appropriate. The decision of the special magistrate shall be in writing and shall be 20
deemed final. 21
22
(c) Entry of chronic nuisance order. If the special magistrate upholds 23
the notice of violation, the special magistrate shall enter a chronic nuisance order 24
which shall: 25
26
(1) Enter findings of fact establishing a pattern of nuisance activity and 27
violation of this article; 28
29
(2) Authorize the village to provide chronic nuisance services to the 30
property; 31
32
(3) Authorize the village to bill the costs of any chronic nuisance 33
services to the owner of the chronic nuisance property; 34
35
(4) Authorize the village to require the owner of the chronic nuisance 36
property to implement reasonable and specific measures that the 37
property owner must take to curtail or eliminate the reoccurrence of 38
nuisance activities on the property; 39
40
(5) Provide for the mailing of a copy of the chronic nuisance service 41
order by first class mail to any mortgagee of record. Failure to 42
provide a copy of the chronic nuisance service order to a mortgagee 43
of records shall not operate to release or discharge any obligation 44
under this article or otherwise affect the validity of a chronic 45
nuisance service order; 46
47
(6) Provide for the recording of a certified copy of the chronic nuisance 48
service order in the public records; and 49
Page 9 of 12
1
(7) Provide for continuing jurisdiction over the chronic nuisance 2
property. 3
4
(d) Rejection of declaration of chronic nuisance. If the special 5
magistrate rejects the village's declaration of chronic nuisance or notice of 6
violation, the special magistrate shall identify the factual, procedural or legal error 7
upon which the decision is based. An order rejecting the village's declaration of 8
chronic nuisance shall not bar the village from recommencing the chronic nuisance 9
process. 10
11
(e) Appeal of special magistrate’s order. The property owner or the 12
village may appeal a final order of the special magistrate to the Palm Beach County 13
Circuit Court. Such an appeal shall not be a hearing de novo, but shall be limited 14
to appellate review of the record created before the special magistrate. An appeal 15
shall be filed within thirty (30) days of the execution of the order to be appealed. 16
17
(f) Finality and duration of chronic nuisance order. An order is final 18
on the date the order is signed by the special magistrate and filed with the village 19
clerk. The chronic nuisance order entered in accordance with this section shall be 20
terminated by subsequent order of the special magistrate when the property owner 21
requests reconsideration of the original order and the special magistrate finds that 22
the nuisance activities have been abated at the property for a period of one (1) year 23
from the date of the order. It is the responsibility of the property owner to contact 24
the village to document the abatement. If the village determines that the nuisance 25
has been abated, the one-year time period specified herein shall commence as of 26
the date of the village’s abatement determination. 27
28
Sec. 2-308. Abatement of chronic nuisances; apportionment. 29
30
(a) Abatement by village. The village may abate chronic nuisances on real 31
property by providing chronic nuisance services to curtail or eliminate the re-32
occurrence of nuisance activities. The costs of such chronic nuisance services shall 33
be billed to the property owner and such costs may be collected by the village by 34
any legal means. 35
36
(b) Apportionment. Chronic nuisance service costs shall be entirely 37
apportioned to the assessed real property receiving the chronic nuisance service. 38
39
Sec. 2-309. Establishment of costs; billing of costs; assessment of lien. 40
41
(a) Chronic nuisance service costs. All chronic nuisance service costs 42
shall be established based upon the actual costs incurred by the village. 43
44
(b) Billing of chronic nuisance service costs. The village shall bill all 45
chronic nuisance service costs to the owner of the chronic nuisance property by first 46
class mail to the address listed on the ad valorem tax roll or the property appraiser’s 47
database. The bill shall contain at least the following information: 48
49
Page 10 of 12
(1) The address and parcel control number of the chronic nuisance 1
property; 2
3
(2) The date of each chronic nuisance service; 4
5
(3) A description of each chronic nuisance service; 6
7
(4) The amount of the bill for each chronic nuisance service; 8
9
(5) A statement that the total amount of the bill shall be paid to the 10
village within thirty (30) days from the date of the bill and that any 11
chronic nuisance service cost which has not been paid within thirty 12
(30) days from the date of the bill shall be delinquent; and 13
14
(6) A statement that any unpaid chronic nuisance service costs will be 15
levied against the property as a lien superior to all other private 16
rights; interests, liens, encumbrances, title and claims upon the 17
property and equal in rank and dignity with a lien for ad valorem 18
taxes. 19
20
(c) Assessment of lien. The total amount of the bill shall be paid to the 21
village within thirty (30) days from the date of the bill. Unless payment is made 22
within thirty (30) days from the date of the bill, the village council may, by the 23
adoption of a resolution levying such charges, assess against the property a lien in 24
the amount of the charges outstanding, or such lesser amount as the village council 25
shall decide is just and fair. Assessment of liens levied in this manner shall be filed 26
in the office of the village clerk and in the public records of the county as a lien 27
against the property and shall be prior in dignity to all other liens against the 28
property, save and except a lien for taxes. Such assessments shall bear interest at 29
the legal rate and such liens may be foreclosed in the same manner in which 30
mortgage liens are foreclosed. All costs, fees and expenses, including reasonable 31
attorney fees and title search expenses, related to any foreclosure action shall be 32
included in any judgment or decree rendered. 33
34
Sec. 2-310. Method of notice; construction. 35
36
(a) Notice. Unless otherwise provided, notice required by this article shall 37
be by hand delivery or certified mail, return receipt requested, and by first-class 38
mail to the address listed on the ad valorem tax roll or property appraiser’s database. 39
40
(b) Construction of notice. A property owner shall be deemed to have 41
notice of a nuisance activity if that property owner: 42
43
(1) has actual knowledge of the nuisance activity; 44
45
(2) has received notice of the nuisance activity; 46
47
(3) has reason to know or should know about the nuisance activity; 48
49
Page 11 of 12
(4) knows about a fact related to the nuisance activity; or 1
2
(5) is able to ascertain the existence of a nuisance by checking an 3
official filing or recording. 4
5
(c) Lack of knowledge or participation. The lack of knowledge of, 6
acquiescence, or participation in, or responsibility for a nuisance activity on the part 7
of property owner shall not be a defense to any enforcement of this article. 8
9
Sec. 2-311. Change in title to chronic nuisance property. 10
11
(a) Purchase of judicial sale upon final judgment of foreclosure. Every 12
purchaser of a chronic nuisance property at judicial sale upon final judgment of 13
foreclosure shall provide the village with an action and implement an action plan 14
no later than forty-five (45) days from the date of the sale. 15
16
(b) Receivership. Every trustee of a chronic nuisance property appointed 17
after the entry of a chronic nuisance service order shall provide the village with an 18
action plan and implement the action plan no later than forty-five (45) days from 19
the date of appointment of receiver in any state or federal action at law. 20
21
(c) Probate. Every personal representative of an owner of a chronic 22
nuisance property shall provide the village with an action plan and implement an 23
action plan no later than forty-five (45) days from the date of appointment. If the 24
owner of the chronic nuisance property died intestate, beneficiaries of the estate 25
shall be required to provide the village with an action plan and implement an action 26
plan. 27
28
(d) Other changes in title to chronic nuisance property. An arms-length 29
purchaser of a chronic nuisance property that has purchased the property after entry 30
of a chronic nuisance service order for the property shall have forty-five (45) days 31
from the date of closing or recording of the order, whichever occurs last, to provide 32
the village with an action plan and implement the action plan. 33
34
Sec. 2-312. Construction of article. 35
36
(a) Imposition of administrative fines. This article shall not be construed 37
to limit the village from imposing administrative fines in accordance with chapter 38
2, article VI, of this Code. 39
40
(b) Nuisance abatement. This article shall not be construed to conflict 41
with the public nuisance abatement process in accordance with chapter 14, article 42
IV, of this Code. 43
44
(c) Exemptions. This article shall not be construed to apply to property 45
owned by the village or any other governmental entity. 46
47
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of 48
the Village of North Palm Beach, Florida. 49
Page 12 of 12
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 1
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 2
such holding shall not affect the remainder of this Ordinance. 3
4
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in 5
conflict herewith are hereby repealed to the extent of such conflict. 6
7
Section 6. This Ordinance shall take effect immediately upon adoption. 8
9
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2020. 10
11
PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 12
2020 13
. 14
15
16
(Village Seal) 17
MAYOR 18
19
20
ATTEST: 21
22
23
VILLAGE CLERK 24
25
26
APPROVED AS TO FORM AND 27
LEGAL SUFFICIENCY: 28
29
30
VILLAGE ATTORNEY 31
32
Chronic Nuisance Abatement
Ordinance
June 25, 2020
Chronic Nuisance Abatement
Ordinance
•Identify properties that have a significant adverse impact on
the quality of life and safety of the surrounding area.
–negatively affect the value of adjacent properties
–financial and operational burden to the Village by generating repeated
calls for service.
•High threshold for use of the Ordinance;several criteria to be
met to meet the intent.
•Not intended for typical code compliance activities;even if
there are repeated complaints.
Chronic Nuisance Abatement
Ordinance
•Driven by the need to address extreme cases of property neglect
leading to crime,emergency response,and unsafe conditions.
•North Palm Beach Police and Fire Departments have expressed
frustration with chronic nuisance properties,which are primarily
commercial or multi-family buildings.
•Common approach to resolve chronic violations and excessive
demands for service.Other nearby municipalities have already
enacted similar ordinances:
–West Palm Beach
–Lake Worth Beach
–Boynton Beach
–Palm Beach County
Examples of Chronic Nuisance
Properties
1/1/2019-12/31/2019 1/1/20-6/1/2020
Property A 65 Police Calls 39 Police Calls
Property B 92 Police Calls 130 Police Calls
Property C 40 Police Calls
18 EMS (Fire)Calls
17 Police Calls
10 EMS (Fire)Calls
Property D 30 Police Calls
14 EMS (Fire)Calls
26 Police Calls
8 EMS (Fire)Calls
Definition of Nuisance Activity
(1) Chapter 3 -alcoholic beverages.
(2) Chapter 19, article V -noise control.
(3)Chapter 19, article II -sexual offenders and sexual predators.
(4) F.S. §767.12 -dangerous dogs.
(5) F.S. §784.03 -battery; felony battery.
(6) F.S. §784.041 -felony battery.
(7) F.S. §784.045 -aggravated battery.
(8) F.S. §790.10 -improper exhibition of dangerous weapons or firearms.
(9) F.S. §790.15(1) -discharging firearm in public.
(10) F.S. §796.06 -renting space to be used for prostitution.
(11) F.S. §796.07 -prostitution.
(12) F.S. §800.03 -exposure of sexual organs.
(13) F.S. §806.13-criminal mischief.
(14) F.S. §810.08 -trespass in structure or conveyance.
(15) F.S. §810.09 -trespass on other than structure or conveyance.
(16) F.S. §812.014 -theft.
(17) F.S. §812.019 -dealing in stolen property.
(18) F.S. §812.173 –convenience business security.
(19) F.S. §823.01 -nuisance.
Definition of Nuisance Activity (Con’t)
(20) F.S. §828.12 -cruelty to animals.
(21) F.S. §843.01 -resisting officer with violence.
(22) F.S. §843.02 -resisting officer without violence.
(23) F.S. §856.011 -disorderly intoxication.
(24) F.S. §856.015 -open house parties.
(25) F.S. §856.021 -loitering or prowling.
(26) F.S. §856.022 -loitering or prowling in close proximity to children.
(27) F.S. ch.874 -criminal gang enforcement and prevention.
(28) F.S. §877.03 -breach of the peace; disorderly conduct.
(29)F.S. ch.893 -any offense under the Florida Comprehensive Drug Abuse Prevention and Control Act, including but not limited
to public nuisances as defined by §893.138.
(30) Any other offense under state or federal law that is punishable by a term of imprisonment exceeding one (1) year.
(31) A call for service to property for police or fire rescue personnel to assist an individual who displays the symptoms of an
overdose of a controlled substance.
Pattern of Nuisance Activity
Real property shall be deemed to exhibit a pattern of nuisance
activity if:
(1) The village's police department has responded to three (3) or more nuisance
activities at the property within thirty (30) days;
(2) The village's police department has responded to seven (7) or more
nuisance activities at the property within six (6) months; or
(3) The village's police department or fire rescue department has responded to
three (3) or more calls for service within thirty (30) days or seven (7) or more calls for
service within six (6) months to assist an individual who displays the symptoms of an
overdose of a controlled substance.
Exemption
A pattern of nuisance activity shall not be construed to include:
(1)A nuisance activity that does not arise from the
conduct of the property owner, operator, agent, tenant, or
invitee of the property owner, operator, agent or tenant or
where the property owner, operator, agent or tenant is the
victim of a crime
(2) A complaint or call for service to which the village
responded and the village determined that no violation was
committed; or
(3)A domestic violence call.
Process
If a pattern of nuisance activity exists:
-Village shall send via mail its declaration of chronic nuisance to
the property owner and post notice on the property.
-the declaration shall include a description of nuisance activities
and a nuisance abatement agreement which outlines corrective
action to be taken by property owner to remedy the nuisance
activity.
-The property owner then has 15 days to enter into a nuisance
abatement agreement,or the Village can take the owner to the
Special Magistrate.
Nuisance Abatement Agreement
A nuisance abatement agreement shall set forth a corrective
action plan with specific measures that the property owner must
take to curtail or eliminate the reoccurrence of nuisance
activities at the property.
The village will periodically monitor the property to assure
compliance for a period of one (1)year following execution of
the agreement.If the property owner complies with the
agreement,as determined by the village,the declaration of
chronic nuisance will be rescinded.
Special Magistrate
If found in violation of the agreement,the Special Magistrate
shall:
•Authorize the village to provide chronic nuisance services to
the property;
•Authorize the village to bill the costs of any chronic nuisance
services to the owner of the chronic nuisance property;
•Authorize the village to require the owner of the chronic
nuisance property to implement reasonable and specific
measures that the property owner must take to curtail or
eliminate the reoccurrence of nuisance activities on the
property;
Appeal
The property owner or the village may appeal a final order of the
special magistrate to the Palm Beach County Circuit Court.Such
an appeal shall not be a hearing de novo,but shall be limited to
appellate review of the record created before the special
magistrate.An appeal shall be filed within thirty (30)days of the
execution of the order to be appealed.
Costs
-All chronic nuisance service costs shall be established based
upon the actual costs incurred by the village.
-The village shall bill all chronic nuisance service costs to the
owner of the chronic nuisance property.
-Unless payment is made within thirty (30)days from the date of
the bill,the village council may,by the adoption of a resolution
levying such charges,assess against the property a lien in the
amount of the charges outstanding,or such lesser amount as the
village council shall decide is just and fair.
Summary
The ordinance will provide the Village an opportunity to work
with chronic nuisance properties in an attempt to reduce
negative impacts on the community and minimize the burden on
police and fire department services.
VILLAGE OF NORTH PALM BEACH
VILLAGE ATTORNEY’S OFFICE
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Leonard G. Rubin, Village Attorney
DATE: June 25, 2020
SUBJECT: RESOLUTION – Approval of Federally-Funded Subaward and Grant Agreement
with the Florida Division of Emergency Management for receipt of FEMA Grant
Funds for costs and damages incurred during Hurricane Dorian
In order to receive federal disaster grant funds from the Federal Emergency Management Agency
(“FEMA”) for costs and damages incurred by the Village as a result of Hurricane Dorian, the Village is
required to execute a Federally-Funded Subaward and Grant Agreement (“Agreement”) with the Florida
Division of Emergency Management (“FDEM”). FDEM acts as a pass-through entity for the Village’s
receipt of such funds.
The attached Agreement is required for the Village to receive FEMA reimbursement for debris removal,
emergency protective measures, and repair or replacement of disaster-damaged facilities. Section 26 of
the Agreement requires the Village to certify that it has the legal authority to receive the funds and that
the Village’s governing body has authorized the execution and acceptance of the Agreement. It further
requires the Village to certify that the person executing the Agreement has the authority to legally execute
and bind the Village to the terms of the Agreement.
The attached Resolution accepts the terms of the Agreement. Furthermore, in the interest of expediency,
the Resolution also delegates to the Village Manager the authority to execute this Agreement and all
future amendments to this Agreement. All future reimbursements for receipt of disaster grant funds
related to Hurricane Dorian will be reflected in amendments to this Agreement.
This office has prepared the attached Resolution and reviewed it for legal sufficiency.
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution approving
a Federally-Funded Subaward and Grant Agreement with the Florida Division of Emergency
Management for receipt of FEMA grant funds relating to Hurricane Dorian and delegating
authority to the Village Manager to execute this Agreement as well as any future amendments to
this Agreement in accordance with Village policies and procedures.
RESOLUTION 2020-_____
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A FEDERALLY-FUNDED
SUBAWARD AND GRANT AGREEMENT WITH THE STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT FOR THE RECEIPT OF FEMA
GRANT FUNDS AND AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village has applied for Federal Emergency Management Agency (FEMA) grant
funds for costs and damages incurred during Hurricane Dorian; and
WHEREAS, in order to receive such funds, the Village is required to execute a Federally-Funded
Subaward and Grant Agreement (“Agreement”) with the State of Florida Division of Emergency
Management, as the pass-through entity for the receipt of grant funds; and
WHEREAS, any award of grant funds associated with Hurricane Dorian will be processed through an
amendment to the Agreement; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests
of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are hereby ratified as true and incorporated herein.
Section 2. The Village Council hereby approves a Federally-Funded Subaward and Grant
Agreement with the State of Florida Division of Emergency Management, a copy of which is attached
hereto and incorporated herein, and delegates to the Village Manager the authority to execute the
Agreement on behalf of the Village, as well as any future amendments to the Agreement relating to
reimbursements for costs and damages incurred during Hurricane Dorian.
Section 3. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS ____DAY OF ____________, 2020.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 30 of 63
Attachment C
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
and VOLUNTARY EXCLUSION
With respect to any Sub-recipient of the State, which receives funds under this Agreement from the Federal
government, to the best of its knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
2. Have not within the five-year period preceding entering into this Agreement had one or more
public transactions (Federal, State, or Local) terminated for cause or default; and
3. Have not within the five-year period preceding entering into this proposal been convicted of or
had a civil judgment rendered against them for:
a) the commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (Federal, State, or Local) transaction or a contract under public
transaction, or b) violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false
statements, or receiving stolen property.
The Sub-recipient understands and agrees that the language of this certification must be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, contracts under grants,
loans, and cooperative agreements) and that all contractors and sub-contractors must certify and disclose
accordingly.
The Sub-recipient further understands and agrees that this certification is a material representation of fact
upon which reliance was placed when this transaction was made or entered into.
Sub-recipient further understands that submission of this certification is a prerequisite for making or entering
into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification is
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
By:
Signature Sub-Recipient’s Name
Name and Title DEM Contract Number
Street Address
City, State, Zip
Date
VILLAGE OF NORTH PALM BEACH
COUNTRY CLUB – GOLF OPERATIONS
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Allan Bowman, Head Golf Professional
DATE: June 25, 2020
SUBJECT: RESOLUTION – Sole Source Purchase for the Refurbishment of a Covershots Mobile Canopy at a total cost of $36,662
Village Staff is requesting Council consideration and approval of the refurbishment of a Covershots
mobile canopy. The Covershots canopy has been donated by the PGA of America from their facility
in Port St. Lucie, and Covershots would transport and refurbish the unit. This a sole source purchase
because the unit was manufactured by Covershots Mobile Canopies International, LLC, and
Covershots is the only company currently in the golf industry that makes this canopy. Additionally,
utilizing Covershots for the refurbishment comes with a one-year warranty on all of their parts.
The purchase of a new unit would cost approximately $96,000; consequently, with the donation and
refurbishment of this existing unit, the Village would save almost $60,000. During the FY 2020
budgetary process, a total of $40,000 was tentatively approved for this project; however, the funding
was not set aside in the Country Club budget. Staff believes there are sufficient savings and revenue
in the Golf Operations budget to pay for this purchase. A budget amendment will be prepared at
year-end if necessary.
The PGA has donated the canopy to the Village to assist us in our mission to help Grow the Game
of Golf and working with the SFPGA in having an annual HOPE (Help Our Veterans Everywhere)
program. The canopy will also allow the Village to sell a premier practice experience on the back of
the driving range to a limited number of golfers. This will allow the Village to recoup all the money
for the refurbishment, as well provide additional income to the driving range.
In accordance with the Village’s purchasing policies and procedures, “all purchases in excess of
$25,000 and up to $50,000 shall be brought to the Village Council on Consent Agenda for approval.”
Account Information:
Fund Department Account
Number Account Description Amount
Country Club Golf L8046-66490 Machinery & Equipment $ 36,662
The attached Resolution has been prepared and/or reviewed by your Village Attorney for legal
sufficiency.
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution
approving the sole-source purchase of the refurbishment of a Covershots mobile canopy by
Covershots Mobile Canopies International, LLC at a total cost of $36,662, with funds
expended from Country Club Capital Account No. L8046-66490 (Golf – Machinery &
Equipment), in accordance with Village policies and procedures.
RESOLUTION 2020-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING THE SOLE SOURCE
PURCHASE OF THE REFURBISHMENT OF A COVERSHOTS MOBILE
CANOPY BY COVERSHOTS MOBILE CANOPIES INTERNATIONAL, LLC
FOR THE COUNTRY CLUB DRIVING RANGE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Village Staff requested approval of the sole source purchase of the refurbishment of
a donated Covershots canopy for the County Club driving range; and
WHEREAS, Covershots Mobile Canopies International, LLC is the manufacturer of the canopy
and the only company that makes this type of golf canopy; and
WHEREAS, all purchase in excess of $25,000 and up to $50,000 require approval by the Village
Council on consent agenda; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves the sole source purchase of the
refurbishment of a Covershots canopy for the County Club Driving Range from Covershots
Mobile Canopies International, LLC at a total cost of $36,662, with funds expended from
Account No. L8046-66490 (Golf – Machinery and Equipment).
Section 3. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS ____DAY OF ____________, 2020 .
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Quote
Date
6/2/2020
Estimate #
1528
Name / Address
North Palm Beach CC
951 US-1
North Palm Beach, FL 33408
ATT:Allan Bowman
Ship To
North Palm Beach CC
951 US-1
North Palm Beach, FL 33408
ATT:Allan Bowman
Terms Project
Customer Signature
Total
Subtotal
Sales Tax (7.0%)
www.CoverShotsGolf.com
Phone Number
Toll Free Number
1-336-508-5628
1-888-881-2433
Price Valid Through 2/1/2021
Please sign and return with payment to:
CoverShots Mobile Canopies Int'l,LLC
2702 Kinsey Drive
Summerfield, NC 2735
50% down with balance due in
20 days post install
N Palm Beach CC - 104'
Eclipse project
Item Description Qty Rate Total
PROJECT: Dis-assemble, relocate to NORTH PALM BEACH CC,
and Re-assemble an existing 104' Eclipse Canopy located at PGA
Learning Center in Port St Lucie, FL. Transporting approximately
45 miles.
SCOPE:
- CoverShots Engineer and helpers would travel to existing
location and perform the Dis-assemble, load transport stepdeck
truck, unload at new location, and re-assemble.
- Quote Estimate is for 3 days of work and 1 day travel in labor
calculation. If for some reason there are issues with the
Dis-assemble (worn parts, transport timing,etc) each additional day
would add $1,000 labor cost + $350 per day travel cost (lodging,
car, food). If flight has to be changed due to extended trip change
fees will be charged as experienced.
Miscellaneous Item Labor CoverShots 6,800.00 6,800.00
Miscellaneous Item Travel (Airfare, Car Rental, Lodging, and Food)1,950.00 1,950.00
Miscellaneous Item Lift and Ladders Rental - requires 2 separate orders since 2
locations
2,650.00 2,650.00
Miscellaneous Parts Hardware (to include new retaining and structural bolts, cable ties,
etc) - based on past relocation experience)
325.00 325.00
Page 1
Quote
Date
6/2/2020
Estimate #
1528
Name / Address
North Palm Beach CC
951 US-1
North Palm Beach, FL 33408
ATT:Allan Bowman
Ship To
North Palm Beach CC
951 US-1
North Palm Beach, FL 33408
ATT:Allan Bowman
Terms Project
Customer Signature
Total
Subtotal
Sales Tax (7.0%)
www.CoverShotsGolf.com
Phone Number
Toll Free Number
1-336-508-5628
1-888-881-2433
Price Valid Through 2/1/2021
Please sign and return with payment to:
CoverShots Mobile Canopies Int'l,LLC
2702 Kinsey Drive
Summerfield, NC 2735
50% down with balance due in
20 days post install
N Palm Beach CC - 104'
Eclipse project
Item Description Qty Rate Total
Freight Payable E... Estimated Step Deck transport fee. Would need to get a formal
quote, but have listed an estimate for quote purpose.
465.00 465.00
DISCLAIMER ON UNIT RELOCATIONS: Eclipse Model
relocations can be very complex when working with worn parts,
motors, wheels, electrical components, etc. With that stated
CoverShots cannot be held responsible for worn parts breaking or
malfunction during the Dis-assembler and Re-assemble process.
Extreme care is always taken by CoverShots Engineer, but in cases
of moving existing units we cannot guarantee worn parts will not
fail.
NEW PARTS
NOTE: Quote assumes the Main Tarp currently on the unit is in
good working condition, based on PGA Club, and can be used by
North Palm Beach CC. Estimated life of existing tarp could be up
to 3 years based on install date of Dec 2016. As information if you
would like a new Main Tarp kit added to the quote the cost would
be + $5,250.00.
104-20-14-5931 New Motor Package consisting of (2) Motors, Touch Screen
Control Panel, Necessary length of cable, terminal connections for a
104 foot Eclipse104' Motor Package
Requires 240 volt 40 amp serve.
1 5,561.00 5,561.00
Page 2
Quote
Date
6/2/2020
Estimate #
1528
Name / Address
North Palm Beach CC
951 US-1
North Palm Beach, FL 33408
ATT:Allan Bowman
Ship To
North Palm Beach CC
951 US-1
North Palm Beach, FL 33408
ATT:Allan Bowman
Terms Project
Customer Signature
Total
Subtotal
Sales Tax (7.0%)
www.CoverShotsGolf.com
Phone Number
Toll Free Number
1-336-508-5628
1-888-881-2433
Price Valid Through 2/1/2021
Please sign and return with payment to:
CoverShots Mobile Canopies Int'l,LLC
2702 Kinsey Drive
Summerfield, NC 2735
50% down with balance due in
20 days post install
N Palm Beach CC - 104'
Eclipse project
Item Description Qty Rate Total
Generator Kit On-Board 13000W Generator, generator bracket, and locking
aluminum generator enclosure
4,900.00 4,900.00
6045 Gear Reducers (Flange Input-Shaft Output):Model
HDRF206-30-L-56C
WORLDWIDE ELECTRIC
2 395.00 790.00
125-54-99-7512 Towable Gear Box 4 820.00 3,280.00
125-54-99-7530 131/15 8 Lug Wheel - Hot Dip Galvanized 4 428.00 1,712.00
125-54-99-7531 Wide Turf Tire 4 443.00 1,772.00
6002 Stainless Steel Racing Discs 15 Inch 1 169.00 169.00
104-20-05-3162 104' Forest Green Retractable Main Tarp 20' Eclipse 2 2,449.635 4,899.27
104-20-05-3166 104' Forest Green Center Cap for 20' Eclipse
1 Required
Price each
1 300.00 300.00
104-20-05-3164 104' Forest Green Retractable End Cap for 20' eclipse 2 300.00 600.00
104-20-05-3320 12' Crank 4 98.00 392.00
104-20-05-3314 2' Roll Pipe 24'PC w/Swedge and Spline 4 130.00 520.00
Discount-Other Discount On parts in support of North Palm Beach CC involvement
with HOPE and FIRST TEE.
-1,050.00 -1,050.00
Page 3
Quote
Date
6/2/2020
Estimate #
1528
Name / Address
North Palm Beach CC
951 US-1
North Palm Beach, FL 33408
ATT:Allan Bowman
Ship To
North Palm Beach CC
951 US-1
North Palm Beach, FL 33408
ATT:Allan Bowman
Terms Project
Customer Signature
Total
Subtotal
Sales Tax (7.0%)
www.CoverShotsGolf.com
Phone Number
Toll Free Number
1-336-508-5628
1-888-881-2433
Price Valid Through 2/1/2021
Please sign and return with payment to:
CoverShots Mobile Canopies Int'l,LLC
2702 Kinsey Drive
Summerfield, NC 2735
50% down with balance due in
20 days post install
N Palm Beach CC - 104'
Eclipse project
Item Description Qty Rate Total
Freight Payable E... Freight Payable-Customer Eclipse Parts 626.00 626.00
Page 4
_____________________________________
$36,661.27
$36,661.27
$0.00
Invoice
Date
6/1/2020
Invoice #
396
Bill To
North Palm Beach CC
951 US-1
North Palm Beach, FL 33408
ATT:Allan Bowman
Ship To
North Palm Beach CC
951 US-1
North Palm Beach, FL 33408
ATT:Allan Bowman
Terms Project
Total
Subtotal
Sales Tax (7.0%)
www.CoverShotsGolf.com1-336-508-5628
1-888-881-2433
Phone Number
Toll Free Number
Signature:
Please sign and return with payment to:
CoverShots Mobile Canopies Int'l, LLC
2702 Kinsey Drive
Summerfield, N.C. 27358
N Palm Beach CC - 104'
Eclipse project50% Downpayment
Item Description Qty Rate Amount
PROJECT: Dis-assemble, relocate to NORTH PALM BEACH CC, and
Re-assemble an existing 104' Eclipse Canopy located at PGA Learning
Center in Port St Lucie, FL. Transporting approximately 45 miles.
SCOPE:
- CoverShots Engineer and helpers would travel to existing location and
perform the Dis-assemble, load transport stepdeck truck, unload at new
location, and re-assemble.
- Quote Estimate is for 3 days of work and 1 day travel in labor
calculation. If for some reason there are issues with the Dis-assemble (worn
parts, transport timing,etc) each additional day would add $1,000 labor
cost + $350 per day travel cost (lodging, car, food). If flight has to be
changed due to extended trip change fees will be charged as experienced.
Miscellaneous Item Labor CoverShots 0.5 6,800.00 3,400.00
Miscellaneous Item Travel (Airfare, Car Rental, Lodging, and Food)0.5 1,950.00 975.00
Miscellaneous Item Lift and Ladders Rental - requires 2 separate orders since 2 locations 0.5 2,650.00 1,325.00
Miscellaneous Parts Hardware (to include new retaining and structural bolts, cable ties, etc) -
based on past relocation experience)
0.5 325.00 162.50
Freight Payable E... Estimated Step Deck transport fee. Would need to get a formal quote, but
have listed an estimate for quote purpose.
0.5 465.00 232.50
Page 1
Invoice
Date
6/1/2020
Invoice #
396
Bill To
North Palm Beach CC
951 US-1
North Palm Beach, FL 33408
ATT:Allan Bowman
Ship To
North Palm Beach CC
951 US-1
North Palm Beach, FL 33408
ATT:Allan Bowman
Terms Project
Total
Subtotal
Sales Tax (7.0%)
www.CoverShotsGolf.com1-336-508-5628
1-888-881-2433
Phone Number
Toll Free Number
Signature:
Please sign and return with payment to:
CoverShots Mobile Canopies Int'l, LLC
2702 Kinsey Drive
Summerfield, N.C. 27358
N Palm Beach CC - 104'
Eclipse project50% Downpayment
Item Description Qty Rate Amount
DISCLAIMER ON UNIT RELOCATIONS: Eclipse Model relocations can
be very complex when working with worn parts, motors, wheels, electrical
components, etc. With that stated CoverShots cannot be held responsible
for worn parts breaking or malfunction during the Dis-assembler and
Re-assemble process. Extreme care is always taken by CoverShots
Engineer, but in cases of moving existing units we cannot guarantee worn
parts will not fail.
NEW PARTS
NOTE: Quote assumes the Main Tarp currently on the unit is in good
working condition, based on PGA Club, and can be used by North Palm
Beach CC. Estimated life of existing tarp could be up to 3 years based on
install date of Dec 2016. As information if you would like a new Main
Tarp kit added to the quote the cost would be + $5,250.00.
104-20-14-5931 New Motor Package consisting of (2) Motors, Touch Screen Control Panel,
Necessary length of cable, terminal connections for a 104 foot Eclipse104'
Motor Package
Requires 240 volt 40 amp serve.
0.5 5,561.00 2,780.50
Generator Kit On-Board 13000W Generator, generator bracket, and locking aluminum
generator enclosure
0.5 4,900.00 2,450.00
Page 2
Invoice
Date
6/1/2020
Invoice #
396
Bill To
North Palm Beach CC
951 US-1
North Palm Beach, FL 33408
ATT:Allan Bowman
Ship To
North Palm Beach CC
951 US-1
North Palm Beach, FL 33408
ATT:Allan Bowman
Terms Project
Total
Subtotal
Sales Tax (7.0%)
www.CoverShotsGolf.com1-336-508-5628
1-888-881-2433
Phone Number
Toll Free Number
Signature:
Please sign and return with payment to:
CoverShots Mobile Canopies Int'l, LLC
2702 Kinsey Drive
Summerfield, N.C. 27358
N Palm Beach CC - 104'
Eclipse project50% Downpayment
Item Description Qty Rate Amount
6045 Gear Reducers (Flange Input-Shaft Output):Model HDRF206-30-L-56C
WORLDWIDE ELECTRIC
1 395.00 395.00
125-54-99-7512 Towable Gear Box 2 820.00 1,640.00
125-54-99-7530 131/15 8 Lug Wheel - Hot Dip Galvanized 2 428.00 856.00
125-54-99-7531 Wide Turf Tire 2 443.00 886.00
6002 Stainless Steel Racing Discs 15 Inch 0.5 169.00 84.50
104-20-05-3162 104' Forest Green Retractable Main Tarp 20' Eclipse 1 2,449.635 2,449.64
104-20-05-3166 104' Forest Green Center Cap for 20' Eclipse
1 Required
Price each
0.5 300.00 150.00
104-20-05-3164 104' Forest Green Retractable End Cap for 20' eclipse 1 300.00 300.00
104-20-05-3320 12' Crank 2 98.00 196.00
104-20-05-3314 2' Roll Pipe 24'PC w/Swedge and Spline 2 130.00 260.00
Discount-Other Discount On parts in support of North Palm Beach CC involvement with
HOPE and FIRST TEE.
-1,050.00 -525.00
Freight Payable E... Freight Payable-Customer Eclipse Parts 0.5 626.00 313.00
Page 3
$18,330.64
$18,330.64
$0.00
VILLAGE OF NORTH PALM BEACH
PUBLIC WORKS DEPARTMENT
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Steven J. Hallock, Director of Public Works
DATE: June 25, 2020
SUBJECT: RESOLUTION – Approval of a seven-year lease agreement with Pinnacle Public Finance, Inc. for one 2020 Mack TE64R RL Rear Loader Sanitation Truck acquired from Nextran Corporation d/b/a Nextran Truck Center of Riviera Beach and the surplus one 2001 Sterling Acterra Rear Loader Sanitation Truck.
Village Staff is seeking Council consideration and approval of the lease of one 2020 Mack TE64R
Rear Loader Sanitation Truck acquired from Nextran Corporation d/b/a Nextran Truck Center utilizing
an existing Florida Sheriff’s Association Contract (FSA19-VEH17.0 #173) at a total cost of
$270,928.00 and the surplus of the 2001 Sterling Acterra Rear Loader Sanitation Truck (VIN:
2FZAANBV82AK01677).
Rear loader sanitation truck #67 is a 2001 with 6,334 hours, but the actual hours are more than three
times greater because the Department replaced the hour meter. The rear main seal and compressor
need to be replaced. This requires dropping the transmission and taking a large portion of the engine
apart. The cost of these repairs is $17,240 and will take two to three weeks. Village Staff does not
believe the truck is worth this much, and it is already scheduled for surplus next fiscal year.
Additionally, if the repair is made, there is no guarantee something else on the truck will not fail.
Trying to find a Sanitation truck ready to go into service immediately is difficult. The chassis and body
need to be married and this usually takes months. Staff was able to find a couple:
Trucks & Parts Mack GR64B Rear Loader = $214,350. Extended nose similar to the one
bought last year. It’s in Tampa, on the lot ready to go. We can take delivery next week.
However, according to the Village Attorney, the Village cannot accept the terms and conditions
because the dealer is requiring the Village to indemnify, defend and hold the dealer harmless
from all claims for damages or injury, including claims relating to a product defect and the
dealer’s own negligence, without the benefit of the statutory liability caps.
Trucks & Parts Mack TE64 Rear Loader = $254,142 Cab over (sets over the wheels). It is in
Pennsylvania, on the lot ready to go. It will need to go to Tampa first to install a tipper and then
to the Village. The Village can take delivery in 2 weeks. However, according to the Village
Attorney, the Village cannot accept the terms and conditions because the dealer is requiring
the Village to indemnify, defend and hold the dealer harmless from all claims for damages or
injury, including claims relating to a product defect and the dealer’s own negligence, without
the benefit of the statutory liability caps.
Nextran Mack GR64B Rear Loader (Florida Sheriffs Association Bid Sheet) = $226,829.
Extended nose similar to the one bought last year. The chassis is in Riviera Beach and the
body is in Minnesota. It cannot be here until the end of August because the chassis and body
still need to be married.
Nextran Mack TE64R RL Rear Loader (Florida Sheriffs Association Bid Sheet) = $246,111.
Cab over (sets over the wheels). It is in Minnesota at McNeilus. They can get the unit to
McNeilus in Tampa by Monday. They will install the tipper there right away and deliver before
the end of the week.
Being down a rear loader truck means vegetation and garbage must be mixed on Monday,
Wednesday and Friday. This is concerning because residents are going to get used to it, and trying
to separate streams again will be difficult. Also, Village Staff always get complaints when garbage and
vegetation are mixed because residents are concerned about the environment and desire to recycle
whenever possible.
The other option for not mixing is to collect garbage, dump, and then collect vegetation. There are
three problems with this tactic. First, Staff is out until 6:00 or 7:00 p.m. especially since the vegetation
volume is so high right now. Second, the dump closes at 5:00 p.m. so the vegetation has to sit in the
trucks overnight, which means on Tuesdays and Thursdays, Staff will need to dump before starting
collection for these days. For Fridays, the Department can pay overtime for someone to come in and
dump the trucks on Saturday. Third, we will be asking Sanitation Staff to work eleven to twelve-hour
days on Mondays, Wednesdays and Fridays, with longer than usual days on Tuesdays and
Thursdays. This wear and tear on Village Staff in the heat of the summer will lead to call outs and
leave the Department short-staffed and behind on collection times.
When the new vehicle is purchased and in service, Village Staff is recommending the surplus of the
2001 Sterling Acterra Rear Loader Sanitation Truck #67 (VIN: 2FZAANBV82AK01677). Because of
its age and condition, the Village will probably only receive the price of the scrap metal.
This vehicle will be leased through Pinnacle Public Finance, Inc. The lease is for seven (7) years with
a total annual payment of $38,704.
Account Information:
Fund Department Account
Number
Account
Description
Annual
Payment
Total Payments
for 7 Years
General
Fund
Debt
Service A8535-49158 Vehicle
Lease $38,704.00 $270,928.00
The attached Resolution has been prepared and/or reviewed by the Village Attorney for legal
sufficiency.
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution
approving the lease of one 2020 Mack TE64R RL GR64B Rear Loader Sanitation Truck,
acquired from Nextran Corporation utilizing an existing Florida Sheriff’s Association
Contract, through Pinnacle Public Finance, Inc. at a total cost of $270,928.00, with funds
expended from Account No. A8535-49158 (Debt Service – Vehicle Lease), authorizing the
Village Manager to execute the necessary Lease Agreements and related documents, and
declaring one 2001 Sterling Acterra Rear Loader Sanitation Truck #67 (VIN:
2FZAANBV82AK01677) as surplus and authorizing its disposal in accordance with Village
policies and procedures.
RESOLUTION 2020-____
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA APPROVING THE ACQUISITION OF A 2020 MACK
REAR LOADER SANITATION VEHICLE FROM NEXTRAN CORPORATION
D/B/A NEXTRAN TRUCK CENTER OF RIVIERA BEACH PURSUANT TO
PRICING ESTABLISHED IN AN EXISTING FLORIDA SHERIFF’S
ASSOCIATION CONTRACT; APPROVING A SEVEN-YEAR LEASE
AGREEMENT WITH PINNACLE PUBLIC FINANCE, INC.; DECLARING AN
EXISTING REAR LOADER SANITATION VEHICLE AS SURPLUS PROPERTY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, due to extensive repairs required for one of the Public Works Department rear loader
sanitation vehicles, Village Staff recommended the lease of a new rear loader sanitation vehicle through
Pinnacle Public Finance, Inc.; and
WHEREAS, the 2020 Mack TE64R rear loader sanitation vehicle will be acquired from Nextran
Corporation d/b/a Nextran Truck Center of Riviera Beach pursuant to pricing established in an
existing Florida Sheriff’s Association Contract for Cab and Chassis Trucks and Other Fleet
Equipment (Contract No. FSA19-VEH17.0); and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests
of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves the acquisition of a 2020 Mack TE64R rear
loader sanitation vehicle from Nextran Corporation d/b/a Nextran Truck Center of Riviera Beach and
the leasing of the vehicle for a seven-year term through Pinnacle Public Finance, Inc.
Section 3. The total annual cost of the lease shall be $38,704 (at a total cost of $270,928.00 over
the term of the lease), with funds expended from Account No. A8535-49158 (Debt Service – Vehicle
Lease). The Village Council further authorizes the Village Manager to execute all required
documents with Pinnacle Public Finance, Inc. to effectuate the lease transaction, subject to the review
and approval of the Village Attorney.
Section 4. Upon delivery, acceptance and placement into service of the new vehicle, the Village
Council declares the following vehicle as surplus property and authorizes its disposal in accordance
with Village policies and procedures: 2001 Sterling Acterra Rear Loader Sanitation Truck #67 (VIN:
2FZAANBV82AK01677).
Section 5. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS _____ DAY OF ________________, 2020.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Pinnacle Public Finance, Inc.
Village of North Palm Beach – Request for Proposal, Refuse Vehicle Lease
June 18, 2020
REV 6/22/2020
Preliminary Debt Service Schedule
Payment Payment Purchase Outstanding
Pmt # Date Amount Interest Principal Price Balance
7/1/2020 $246,111.00
1 10/1/2020 $9,676.00 $1,661.26 $8,014.74 $242,858.18 $238,096.26
2 1/1/2021 $9,676.00 $1,607.16 $8,068.84 $234,627.96 $230,027.41
3 4/1/2021 $9,676.00 $1,552.69 $8,123.31 $226,342.18 $221,904.10
4 7/1/2021 $9,676.00 $1,497.86 $8,178.14 $218,000.48 $213,725.96
5 10/1/2021 $9,676.00 $1,442.66 $8,233.34 $209,602.47 $205,492.62
6 1/1/2022 $9,676.00 $1,387.08 $8,288.92 $201,147.77 $197,203.70
7 4/1/2022 $9,676.00 $1,331.13 $8,344.87 $192,636.00 $188,858.83
8 7/1/2022 $9,676.00 $1,274.80 $8,401.20 $184,066.78 $180,457.63
9 10/1/2022 $9,676.00 $1,218.09 $8,457.91 $175,439.72 $171,999.72
10 1/1/2023 $9,676.00 $1,161.00 $8,515.00 $166,754.42 $163,484.73
11 4/1/2023 $9,676.00 $1,103.53 $8,572.47 $158,010.50 $154,912.25
12 7/1/2023 $9,676.00 $1,045.66 $8,630.34 $149,207.55 $146,281.91
13 10/1/2023 $9,676.00 $987.41 $8,688.59 $140,345.19 $137,593.32
14 1/1/2024 $9,676.00 $928.76 $8,747.24 $131,423.00 $128,846.08
15 4/1/2024 $9,676.00 $869.71 $8,806.29 $122,440.59 $120,039.79
16 7/1/2024 $9,676.00 $810.27 $8,865.73 $113,397.55 $111,174.07
17 10/1/2024 $9,676.00 $750.43 $8,925.57 $104,293.46 $102,248.49
18 1/1/2025 $9,676.00 $690.18 $8,985.82 $95,127.93 $93,262.67
19 4/1/2025 $9,676.00 $629.53 $9,046.47 $85,900.52 $84,216.20
20 7/1/2025 $9,676.00 $568.46 $9,107.54 $76,610.83 $75,108.66
21 10/1/2025 $9,676.00 $506.99 $9,169.01 $67,258.44 $65,939.65
22 1/1/2026 $9,676.00 $445.09 $9,230.91 $57,842.91 $56,708.74
23 4/1/2026 $9,676.00 $382.79 $9,293.21 $48,363.84 $47,415.53
24 7/1/2026 $9,676.00 $320.06 $9,355.94 $38,820.77 $38,059.58
25 10/1/2026 $9,676.00 $256.90 $9,419.10 $29,213.29 $28,640.48
26 1/1/2027 $9,676.00 $193.32 $9,482.68 $19,540.96 $19,157.81
27 4/1/2027 $9,676.00 $129.32 $9,546.68 $9,803.35 $9,611.12
28 7/1/2027 $9,676.00 $64.88 $9,611.12 -$0.00 -$0.00
Totals: $270,928.00 $24,817.00 $246,111.00 Rate 2.7000%
To whom it may concern,
Re: VONPB Mack TE64R Rear Load Refuse truck
Nextran Truck Centers has provided a proposal for a Mack TE64R Rear
Load Refuse Truck using the Florida Sheriffs Association contract. The
unit is complete, except for the can tipper, at Mcneilus in Dodge Center
MN. It can be transported to Mcneilus in Tampa for installation of
tipper and be delivered to the Village in about two weeks.
The TE64R is a Cab over engine truck that is widely used as a Rear Load
collection truck. It is the truck of choice for most residential
applications due to its extreme durability and short wheelbase.
We are acutely aware of the need to expedite this process and will
make every effort to deliver the unit as swiftly as possible.
Thank you,
David Gluckler
Nextran Truck Centers
7151 Industrial Dr S
Riviera Beach, FL 33404
VILLAGE OF NORTH PALM BEACH
Public Work Department
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Steven J. Hallock, Director of Public Works
DATE: June 25, 2020
SUBJECT: PRESENTATION – Village of North Palm Beach Stormwater Utility Study Report
Due to concerns about the condition of the Village’s aging stormwater system and the lack of funding
available to address it, the Village has been exploring the use of a Stormwater Utility Fee to generate a
dedicated funding source to maintain the system. This evening’s presentation will provide options, and
the rationale for those options, to fund stormwater infrastructure activities in the future.
Recent Activity:
Through the adoption of Resolution 2018-59 on July 12, 2019, the Village Council approved a proposal
from Hazen & Sawyer, P.C. for a Stormwater Management Study. This was an exploratory study to
provide information and data related to the establishment of a stormwater fee structure to fund needed
stormwater activities and improvements within the Village.
On March 14, 2019, the Village Council held a workshop on the exploratory study and directed Village
Staff to continue to evaluate stormwater funding options. During strategic planning in 2019 and FY 2020
budget preparation, a stormwater funding mechanism continued to be a high priority for the Village
Council. As a result, $100,000 was budgeted and approved for the next phase of the stormwater study.
Through the adoption of Resolution No. 2019-114 on October 10, 2019, the Village Council approved a
proposal from Hazen & Sawyer, P.C. to provide stormwater utility fee development and implementation
services. Village Staff has been working with Hazen & Sawyer over the last several months to develop
a Stormwater Utility Study Final Report for Council’s consideration.
Tonight’s Presentation:
Due to age and condition of the stormwater collection system, the Village will be required to expend funds
in the near future to appropriately maintain its stormwater infrastructure.
The Village Council must ultimately determine whether to redirect general operating revenues (which
currently fund other operating and capital expenditures) to fund stormwater maintenance activities or
establish a stormwater fee to generate revenue source dedicated to address the stormwater utility needs.
If the policy direction is to use a dedicated stormwater fee to fund some or all of the Village’s stormwater
maintenance work, then Village staff will begin to move forward with the development of the necessary
ordinances and/or resolutions. Part of that effort will to develop materials for public outreach as well.
Collection of a stormwater fee will not begin until FY2021 (October 2021) assuming the use of the tax
bill.
Recommendation:
Village Staff seeks Council consideration, input and guidance regarding the Village of North Palm
Beach Stormwater Utility Study Final Report.
Village of North Palm Beach
Stormwater Management Study
Conceptual Evaluation Prior to Utility Development
2
Agenda
•Background and Introduction
•Parcel Analysis and Impervious Area
•Rate Structure Development and ERUs
•Level of Service Scenarios
•Credit Program and Rate Comparison
•Billing Methodologies
•Village Actions for Implementation
3
Background and Introduction
•In 2019 Hazen performed a conceptual stormwater
utility study
•Obtained inventory of stormwater assets
•Reviewed regulatory compliance requirements
•Estimated program costs, revenues and funding requirements
•Prepared a preliminary 5-year financial forecast
•Identified alternative rate structures
•The objective of the current study is to develop a
stormwater utility fee for implementation in FY2021
4
Village of North Palm Beach Stormwater
Management System
•Village is approx.
5.8 square miles
•Over 47,000 linear
feet of stormwater
pipe 6” to 60” in
diameter
•Six major outfalls
•Approx. 42 miles of
swales
5
Stormwater Assets
and Infrastructure
•Current Situation
•Aging infrastructure
•Repair as fails
•No dedicated funding/
reliant on year to year
General Revenues
•Future Objectives
•Asset management
•Preventative
maintenance
•Dedicated stormwater
management fund
6
•Background and Introduction
•Parcel Analysis and Impervious Area
•Rate Structure Development and ERUs
•Level of Service Scenarios
•Credit Program and Rate Comparison
•Billing Methodologies
•Village Actions for Implementation
7
Parcel Analysis
•Updated data sets used in Conceptual Study
•Parcel GIS Data
•Parcel Tax Data
•High definition orthoimagery
8
Impervious Area Definition
•Impervious area (IA) is developed or compacted
land, through which rainwater cannot percolate
into the ground and thus enters the stormwater
management system as runoff
(i.e., roof, driveway, dirt road, etc.)
Example of Single-family Residential Impervious Area Measurement (red)
9
Impervious Area Drives Stormwater System
Demand
•A parcel’s IA is assumed proportionate to the
demand placed on the stormwater system
•86 percent of stormwater utilities use IA as basis
for allocating stormwater costs (SeSwA, 2019)
•IA estimated for residential parcels and
measured for non-residential parcels
10
Parcels Analyzed by Property Use
•Parcels assigned to general property use
categories for analysis
Land Use Property Use
Residential
Single-Family Residential
Condominium
Multifamily Residential
Nonresidential
Commercial
Institutional
Municipal/Government
Utility
Vacant
Water/ROW
Parcel Data Analysis: Distribution
Single Family Residences (SFRs) account for 84% of Village parcels but
less than half of its Impervious Area (IA). Over 4,755 “Condo Units”.
12
•Background and Introduction
•Parcel Analysis and Impervious Area
•Rate Structure Development and ERUs
•Level of Service Scenarios
•Credit Program and Rate Comparison
•Billing Methodologies
•Village Actions for Implementation
13
Rate Structure Development
•Equivalent Residential Unit (ERU) is the billing
unit commonly used to determine the fee
customers pay for their share of stormwater
services.
14
Determining the ERU Approach
•Two Methods Examined
•Method 1: Average of SFR IA
•ERU = 5,500 ft2
•Flat Rate: SFR 1 ERU per month
•Flat Rate: Condos 0.22 ERU per condo
•Variable Rate: All other property classes
•Method 2: Weighted average of SFR IA and average IA per
condo unit
•ERU = 3,389 ft2
•SFR and Condos both billed 1 ERU
•Variable Rate: Same as Method 1
Distribution of ERUs by Property Use
The fee burden substantially shifts from SFRs to Condos under Method 2.
Method 1 better corelates with distribution of IA by Property Use. Note from
parcel analysis that Condo parcels make up 19% of Village IA.
16
Distribution of ERUs by Property Use:
Method 1
Property Use Class Total ERU Count
Single-Family Residential 2,675
Condominium 1,052
Commercial 1,077
Institutional 233
Municipal/Government 79
Multifamily Residential 431
Utility 9
Vacant 5
Total 5,560
17
•Background and Introduction
•Parcel Analysis and Impervious Area
•Rate Structure Development and ERUs
•Level of Service Scenarios
•Credit Program and Rate Comparison
•Billing Methodologies
•Village Actions for Implementation
18
Projected Stormwater Expenditures: Four
Level of Service (LOS) Scenarios
Scenario 1
Stormwater
Program
status quo with
asset videoing
and cleaning
added
Scenario 2
Scenario 1 plus
Rehabilitation
and Maintenance
Program based
on FY2019
budget estimate
Scenario 3
Scenario 1 plus
Rehabilitation
and Maintenance
Program based
on asset
materials and
age estimates
Scenario 4
Scenario 3 plus
Swale
Rehabilitation
CIP
19
Scenario 1: Stormwater Program Status Quo
with Asset Videoing and Cleaning Added
Note: All scenario fee estimates exclude public (typical) schools.
Stormwater Attributed Program FY2021 FY2022 FY2023 FY2024 FY2025
NPDES Permitting 15,000 15,375 15,759 16,153 16,557
Emergency Repairs 87,543 89,732 91,975 94,274 96,631
Engineering and/or Consultant Costs 141,740 150,953 160,765 171,214 182,343
Asset Videoing and Cleaning 114,439 117,300 120,233 123,239 126,320
Revenue Subtotal 358,722 373,360 388,732 404,881 421,851
Uncollected Revenue (4.0% for early payment discount)14,349 14,934 15,549 16,195 16,874
County Tax Roll Administrative Fee (1.0% of collected revenue)3,587 3,734 3,887 4,049 4,219
Collected Revenue Subtotal 376,658 392,028 408,168 425,125 442,944
Monthly Stormwater Fee per ERU (Residential billed for 1 ERU)$5.65 $5.88 $6.12 $6.37 $6.64
20
Scenario 2: Scenario 1 plus Rehabilitation
and Maintenance Program
Stormwater Attributed Program FY2021 FY2022 FY2023 FY2024 FY2025
NPDES Permitting 15,000 15,375 15,759 16,153 16,557
Emergency Repairs 87,543 89,732 51,250 25,625 26,266
Engineering and/or Consultant Costs 141,740 150,953 160,765 171,214 182,343
Asset Videoing and Cleaning 125,000 128,125 131,328 134,611 137,977
Pipe Rehabilitation and Maintenance 175,000 179,375 183,859 188,456 193,167
Revenue Subtotal 544,283 563,559 542,962 536,060 556,310
Uncollected Revenue (4.0% for early payment discount)21,771 22,542 21,718 21,442 22,252
County Tax Roll Administrative Fee (1.0% of collected revenue)5,443 5,636 5,430 5,361 5,563
Total Revenue Collected 571,497 591,737 570,110 562,863 584,125
Monthly Stormwater Fee per ERU (Residential billed for 1 ERU)$8.57 $8.87 $8.55 $8.44 $8.76
Note: All scenario fee estimates exclude public (typical) schools.
21
Scenario 3: Scenario 1 plus Rehabilitation
and Maintenance Program Based on Asset
Materials and Age Estimates
Stormwater Attributed Program FY2021 FY2022 FY2023 FY2024 FY2025
NPDES Permitting 15,000 15,375 15,759 16,153 16,557
Emergency Repairs 87,543 89,732 51,250 25,625 26,266
Engineering and/or Consultant Costs 141,740 150,953 160,765 171,214 182,343
Asset Videoing and Cleaning 125,000 128,125 131,328 134,611 137,977
Corrugated Metal Pipe Rehabilitation CIP 37,286 38,218 39,173 40,153 41,156
Reinforced Concrete Pipe Rehabilitation CIP 276,658 283,575 290,664 297,931 305,379
Revenue Subtotal 683,227 705,977 688,940 685,688 709,678
Uncollected Revenue (4.0% for early payment discount)27,329 28,239 27,558 27,428 28,387
County Tax Roll Administrative Fee (1.0% of collected revenue)6,832 7,060 6,889 6,857 7,097
Total Revenue Collected 717,388 741,276 723,387 719,972 745,162
Monthly Stormwater Fee per ERU (Residential billed for 1 ERU)$10.75 $11.11 $10.84 $10.79 $11.17
Note: All scenario fee estimates exclude public (typical) schools.
22
Scenario 4: Scenario 3 plus Swale
Rehabilitation
Stormwater Attributed Program FY2021 FY2022 FY2023 FY2024 FY2025
NPDES Permitting 15,000 15,375 15,759 16,153 16,557
Emergency Repairs 87,543 89,732 51,250 25,625 26,266
Engineering and/or Consultant Costs 141,740 145,283 148,915 152,638 156,454
Asset Videoing and Cleaning 125,000 128,125 131,328 134,611 137,977
Corrugated Metal Pipe Rehabilitation CIP 37,286 38,218 39,173 40,153 41,156
Reinforced Concrete Pipe Rehabilitation CIP 276,658 283,575 290,664 297,931 305,379
Swale Rehabilitation 349,118 357,846 366,793 375,962 385,361
Revenue Subtotal 1,032,345 1,058,154 1,043,883 1,043,074 1,069,151
Uncollected Revenue (4.0% for early payment discount)41,294 42,326 41,755 41,723 42,766
County Tax Roll Administrative Fee (1.0% of collected revenue)10,323 10,582 10,439 10,431 10,692
Total Revenue Collected 1,083,963 1,111,062 1,096,077 1,095,227 1,122,608
Monthly Stormwater Fee per ERU (Residential billed for 1 ERU)$16.25 $16.65 $16.43 $16.42 $16.83
Note: All scenario fee estimates exclude public (typical) schools.
23
Comparison of ERU Rate by LOS Scenario
FY2021 FY2022 FY2023 FY2024 FY2025
Scenario 1 $5.65 $5.88 $6.12 $6.37 $6.64
Scenario 2 $8.57 $8.87 $8.55 $8.44 $8.76
Scenario 3 $10.75 $11.11 $10.84 $10.79 $11.17
Scenario 4 $16.25 $16.65 $16.43 $16.42 $16.83
*excludes adjustments for credits
24
•Background and Introduction
•Parcel Analysis and Impervious Area
•Rate Structure Development and ERUs
•Level of Service Scenarios
•Credit Program and Rate Comparison
•Billing Methodologies
•Village Actions for Implementation
25
Stormwater Utility Credit Programs
•Credit Programs are a common element of
Stormwater Utility Fees
•Over half of regional stormwater utilities offer credits (SeSwA)
•Promote equity and incentivize parcel owners to reduce
stormwater runoff
•Credit program approaches vary widely
•Participation rates tend to be low, but can impact
revenues/rates
•SeSwA indicates that on average 3 percent of parcels participate
in Credit Programs
•Higher the participation rate the larger the impact
26
Illustrative Fee Impact of Stormwater Utility
Credit Programs
•Considered the impact of three participation rates
Participation Scenario Description
Projected Monthly
ERU Fee FY2021
No Credit Program Offered No Credits Offered $5.65
Low Participation Scenario 3% of all parcels receive credit
averaging 50% of fee $5.73
Moderate Participation
Scenario
3% of SFR parcels and 10% of all
other parcels receive credit
averaging 50% of fee
$5.84
High Participation Scenario
3% of SFR parcels and 20% of all
other parcels receive credit
averaging 50% of fee
$6.00
27
Distribution of Monthly Stormwater Fees
Among Florida Stormwater Jurisdictions
Source: Florida Stormwater Association 2018 Stormwater Utility Report
FY2021
S1: $5.65
S2: $8.86
S3: $11.12
S4: $16.80
* Includes moderate
credit program
participation
assumption.
28
•Background and Introduction
•Parcel Analysis and Impervious Area
•Rate Structure Development and ERUs
•Level of Service Scenarios
•Credit Program and Rate Comparison
•Billing Methodologies
•Village Actions for Implementation
29
Alternative Billing Methods
•Three most common options
•Collect via Utility Bill (Water/Sewer)
•Seacoast does not currently have authority to collect stormwater fees
•Collect via Non-ad Valorem Assessment (Tax Bill)
•Recommended
•Develop billing in-house
•Expensive, high level of effort
30
Utility Billing Through Seacoast Utility
Authority
•Collected on monthly water/sewer bill
•Account based billing, IA on parcels with multiple
accounts can be challenging
•Collection enforcement via discontinued service
•More flexible for rate/charge changes
•Fee assignment may be less straightforward for some
customers
•Would require agreement with Seacoast Utility
Authority
•Includes administrative costs to Seacoast
31
Non-ad Valorem Assessment
•Collected annually on county property tax bill
•Parcel based billing, strong correlation of parcels to
billing accounts
•Assessment roll simple to maintain
•High rate of collection
•Can only be updated annually
•Requires compliance with specific statutory process
•Includes administrative costs to County
•Some parcels may be exempt from non-ad valorem
assessments
32
•Background and Introduction
•Parcel Analysis and Impervious Area
•Rate Structure Development and ERUs
•Level of Service Scenarios
•Credit Program and Rate Comparison
•Billing Methodologies
•Village Actions for Implementation
33
Village Actions for Implementation
•Select one of the two ERU Methods
•Recommend Method #1 (ERU from SFR IA)
•Select a Level of Service Scenario
•Village Staff Preference is Scenario #2
•Select Stormwater Credit Participation Rate
Assumption
•Recommend “Moderate”
•Select Preferred Billing Option
•Recommend non-ad valorem assessment (tax bill)
34
Estimated Average Fees and Revenue
Contribution by Property Use for FY2021
•Final breakdown of estimated revenues using
•ERU Method #1
•Level of Service Scenario #2
•Assuming Moderate credit program participation
Property Use
Parcel
Count
Average
Monthly Fee
Annual Total
Revenue
Percent of
Total
Revenue
Single-Family Residential 2,675 $8.86**$284,406 48%
Condominium (units)4,775* $1.95**$111,849 19%
Multifamily Residential 141 $27.08 $ 45,824 8%
Commercial 158 $60.39 $114,507 19%
Other Nonresidential 89 $32.45 $ 34,660 6%
Total 3,161 N/A $591,246 100%
*4,755 condo residential units on 98 parcels.
**Fixed monthly rate.
35
The Way Forward: Utility Development
•Detailed Study Phase is complete
•ERU Methodology
•Rate Structure
•Next: Implementation Phase
•Resolution(s) and Ordinance
•Development of Billing Roll
36
Hazen and Sawyer
2101 Corporate Blvd NW #301
Boca Raton, FL 33431 • 561.997.8070
Village of North Palm Beach
Stormwater Utility Study
Final Report
June 16, 2020
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Table of Contents i
Table of Contents
Executive Summary ........................................................................................................iv
1. Introduction and Background ................................................................................. 1-1
2. Estimate of Village of North Palm Beach Total Impervious Area and Distribution by
Property Use .......................................................................................................... 2-1
2.1 Village of North Palm Beach Land Use by Property Use ........................................................ 2-2
2.2 Estimation of Impervious Area by Property Use ...................................................................... 2-4
3. Methods to Calculate Equivalent Residential Unit and Resulting Distribution by
Property Type and Use .......................................................................................... 3-1
4. Projected Stormwater Expenditures Under Alternative Investment Scenarios ....... 4-1
5. Estimated Stormwater Fee per ERU and Distribution of Costs by Property Use
Under Alternative ERU Calculation Methods ......................................................... 5-1
6. Incorporating Credits into a Stormwater Utility Fee Program ................................. 6-1
6.1 Overview of Stormwater Credits and Participation Rates ........................................................ 6-1
6.2 Credit Program Considerations ............................................................................................... 6-1
6.3 Evaluated Scenarios for the Village of North Palm Beach and Financial Impacts .................. 6-2
7. Comparison of Projected Stormwater Fee with other Florida Utilities .................... 7-1
8. Alternative Billing Methods ..................................................................................... 8-1
9. Conclusions and Recommendations ..................................................................... 9-1
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Table of Contents ii
List of Tables
Table ES-1: North Palm Beach Service Area Parcel Categories ................................................... iv
Table ES-2: ERU Counts by Property Use .................................................................................... v
Table 2-1: Property Use Category from Village of North Palm Beach Parcel Data File matched
to General DOR Land Use Code ........................................................................................ 2-2
Table 2-2: Major Service Area Parcel Categories ....................................................................... 2-3
Table 2-3: Average Impervious Area and Unit Count for SFR and Condominium Parcels ........ 2-4
Table 2-4: Total Impervious Area by Land and Property Use Classification .............................. 2-5
Table 3-1: ERU Allocations Under Alternative Methods............................................................ 3-2
Table 4-1: Scenario 1 – Status Quo Stormwater Plan with Asset Videoing and Cleaning ......... 4-3
Table 4-2: Scenario 2 – Scenario 1 Plus Pipe Rehabilitation and Maintenance Program ........... 4-3
Table 4-3: Scenario 3 – Pipe Rehabilitation and Maintenance Program Estimated Based on Asset
Materials and Age .............................................................................................................. 4-4
Table 4-4: Scenario 4: Scenario 3 Plus Swale Rehabilitation CIP .............................................. 4-4
Table 5-1 Monthly ERU Costs and Savings for Two ERU Calculation Methods ....................... 5-1
Table 6-1: Credit Program Potential Impacts on Recommended Level of Service Scenario 1 ... 6-3
Table 6-2: Distribution of Monthly Stormwater Fee by Parcel Property Use Class ................... 6-3
Table 8-1: Comparison of Billing Options .................................................................................. 8-1
Table 9-1: Distribution of Monthly Stormwater Fee by Parcel Property Use Class ................... 9-2
List of Figures
Figure 2-1: Example of Palm Beach County Parcel Polygon Shapefile Data ............................. 2-1
Figure 2-2: North Palm Beach Parcel Distribution by General Property Use Class ................... 2-6
Figure 2-3: North Palm Beach Impervious Area Distribution by General Property Use Class .. 2-6
Figure 5-1: Share of Stormwater Fee Burden: Method 1 ............................................................ 5-2
Figure 5-2: Share of Stormwater Fee Burden: Method 2 ............................................................ 5-2
Figure 7-1: Histogram of Florida Stormwater Jurisdictions by Monthly Fee Range .................. 7-1
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Table of Contents iii
List of Acronyms
Abbreviation Definition
B&V Black and Veatch
BMP Best Management Practice
CCTV Closed Circuit Television
CIP Capital Improvement Plan
CMP Corrugated Metal Pipe
DOR Department of Revenue
ERU Equivalent Residential Unit
ES Executive Summary
FDOT Florida Department of Transportation
FL Florida
FY Fiscal Year
GIS Geographic Information System
IA Impervious Area
PWD Public Works Department
RCP Reinforced Concrete Pipe
ROW Right of Way
SeSwA Southeast Stormwater Association
SF Single-Family
SFR Single-Family Residential
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Executive Summary iv
Executive Summary
This Study (“SW Fee Study”) builds on the February 2019 conceptual Village of North Palm Beach
Stormwater Management Study (“2019 Study”) prepared for the Village of North Palm Beach’s
(“Village”) Department of Public Works. The main objective of this SW Fee Study is to develop a
stormwater utility fee that would sustainably fund the Village’s stormwater management program. The
stormwater utility fee would rationalize budgeting and link individual Village parcels with the demand
they place on the stormwater management system based on their impervious area coverage, which is
assumed proportionate to the amount of stormwater runoff they contribute to the treatment system.
Data from the Village and Palm Beach County were analyzed and used to estimate impervious area
coverage by property use class including single-family residences, multifamily residences,
condominiums, commercial and industrial enterprises, government, and institutional facilities. With few
exceptions, land parcels other than public schools and right of ways would be subject to the proposed
stormwater utility fee. Table ES-1 shows the distribution of the Village land parcels by property use
classification.
Table ES-1: North Palm Beach Service Area Parcel Categories
Parcels Area (acres)
Category Total Percentage Total Percentage
Commercial/Industrial 158 5.0% 329 18%
Institutional 12 0.4% 67 4%
All Residential 2,914 91.8% 1,009 54%
Right of Way/Exempt 12 0.4% 10 1%
Vacant 48 1.5% 51 3%
Utility 2 0.1% 2 0.06%
Municipal/Government 27 0.9% 398 21%
Grand Total 3,173 100.0% 1,867 100.0%
The Equivalent Residential Unit or ERU is the base unit in stormwater billing. An ERU is commonly
defined as the average Impervious Area (IA) per parcel of one or more residential billing classes. Fees can
be flat or variable, with flat fees traditionally assigned to property classes with relatively homogenous
property use (e.g., single-family residences, condos) and variable fees assigned to classes with more
property development variability (commercial, institutional). The SW Fee Study tested two Methods for
developing the ERU:
• Method 1: ERU is based on the average IA for a statistically significant sample of single-family
residential (SFR) parcels. A flat rate of 1 ERU is assigned to SFR parcels, and condos are billed
0.22 ERUs based on the ratio (22%) of the average condominium unit IA to the average SFR IA.
• Method 2: ERU is based on the weighted average of SFR IA and average condominium unit IA.
SFR and condos are both billed 1 ERU per dwelling unit. All other fee eligible properties would
be billed a specifically derived charge based on their measured IA divided by the ERU.
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Executive Summary v
Method 1 yields an ERU of 5,550 square feet, while the Method 2 ERU is 3,389 square feet. Under
Method 1, a condominium unit would be assessed a fee based of 0.22 ERUs; under Method 2, a
condominium unit would be assigned 1 ERU, the same as an SFR parcel. Method 1 is recommended
because it allocates ERU’s to the different property use classes more closely in proportion to IA
distribution in the Village. The distribution of ERUs under Method 1 is shown in Table ES-2.
Table ES-2: ERU Counts by Property Use
Annual stormwater management costs were then projected for the period FY2021-FY2025. The 2019
Study cost estimates were updated for four Level of Service Scenarios with increasing CIP requirements.
The scenarios range from a slightly enhanced status quo (Scenario 1) to a more comprehensive and
significantly enhanced Level of Service under Scenario 4. Annualized costs are estimated to range from
approximately $380,000 to over $1 million. The Village's preference is to proceed with Scenario 2,
which offers a slightly more robust infrastructure maintenance and rehabilitation program than the status
quo. We recommend that it be implemented at least for the first year to give the Village residents and
businesses time to adjust to the new stormwater fee while still progressing towards stormwater
management and water quality objectives.
The baseline monthly stormwater utility fee under the Scenario 2 Level of Service would be $8.57 per
ERU. The SW Fee Study assumes that the stormwater fee would be billed as a non-ad valorem
assessment through each parcel’s property tax bill. The projected fee includes 4 percent early payment
discount and 1 percent administrative charge imposed by the county for use of the property tax bill.
Finally, the SW Fee Study recommends that the Village include a credit program to improve equity and
incentivize parcel owners to install best management practices to reduce stormwater runoff volume and/or
peak discharge rate, thus reducing demand on the system. Because credit programs result in fewer ERUs
to which costs can be allocated, they necessarily raise the per monthly fee on remaining ERUs. Mitigating
the likely impact is that participation rates in credit programs are very low, averaging only about 3 percent
of total stormwater utility accounts in the Southeast United States according to the Southeast Stormwater
Association 2019 Survey. For the purposes of the SW Fee Study, three different credit program
participation rates were evaluated to estimate the impact on the ERU fee. The mid-level of the three
participation scenarios would increase the monthly fee per ERU from $8.57 to $8.86, about a 3.4 percent
increase. The cost burden shift across the different property use classes would be negligible, and any
enterprise fund surplus would be considered in establishing future year budgets and rates.
Property Use Class Total ERU Count
Single-Family Residential 2,675
Condominium 1,052
Commercial 1,077
Institutional 233
Municipal/Government 79
Multifamily Residential 431
Utility 9
Vacant 5
Total 5,560
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Introduction and Background 1-1
1. Introduction and Background
During the past two years, Hazen and Sawyer (Hazen) has been assisting the Public Works Department
(PWD) of the Village of North Palm Beach (Village), Florida to develop a more financially sustainable
stormwater management program. In February 2019, Hazen prepared a conceptual study that evaluated
the feasibility of establishing a utility fee to fund the Village’s ongoing stormwater management
program1. The 2019 Study encompassed:
• Obtaining from the Village an inventory of the Village’s stormwater management assets;
• Reviewing regulatory compliance requirements;
• Estimating costs, revenues and funding requirements;
• Preparing a 5-Year financial forecast, and
• Investigating alternative rate structures.
A stormwater utility fee would not only provide dedicated funding for stormwater infrastructure
operations and maintenance but would also fund the treatment of stormwater runoff in accordance with
water quality requirements for runoff entering natural water bodies. Stormwater charges are typically
based on the characteristics of parcels, including the dimensions of impervious area (IA). IA is the portion
of a parcel which has been altered by development or compaction, through which rainwater cannot
percolate into the ground, thus entering the stormwater management system as runoff. As such, IA is an
indicator of the amount of runoff that a property passes into the Village’s stormwater management
system. Based on the 2019 Study results, the Public Works Department (PWD) tasked Hazen to conduct a
SW Fee Study to develop a stormwater utility fee that would generate annual revenues sufficient to fund
the stormwater program.
A stormwater management program funded from a dedicated revenue stream derived from a utility fee
confers a multitude of advantages over the current method under which the stormwater program is funded
through an annual appropriation from the Village’s operating budget. Each budget year the stormwater
program must compete against other Village programs to obtain its annual funding. As such, stormwater
program funding is also vulnerable to fluctuations in the local economy.
The current budgeting mechanism creates uncertainty in the level and continuity of funding and hinders
effective long-term stormwater management planning. Furthermore, because the funds are derived from
general revenues, there is no linkage between what individual households and businesses pay for
stormwater management and the demands they place on the system.
In contrast, a stormwater utility fee is designed to link each parcel of land with the volume of stormwater
runoff it generates. According to the Southeast Stormwater Association (SeSwA) 2019 Southeast
Stormwater Utility Report, 86 percent of stormwater utilities use IA as the general basis for allocating
stormwater management costs across their customers. Under a well-designed stormwater utility fee, each
1 Hazen and Sawyer, Village of North Palm Beach Stormwater Management Study. February 20, 2019
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Introduction and Background 1-2
stormwater customer pays its fair share of the program’s capital, operating and maintenance costs based
on the parcel’s proportion of the total impervious area served by the system. Finally, because a
stormwater utility fee is based on the annualized cost of the program, equitably allocated across the
program users, the revenues it generates will be reliable and predictable and allow for long-term planning
for a sustainable program. It is for these reasons that the Village is seeking to implement a stormwater
utility fee that will meet its funding needs and better rationalize its budgeting process. The remainder of
this document describes the methods used to develop the unit fee for the stormwater utility, the financial
impacts of alternative utility fee calculations, financial impacts of incorporating a credit program, billing
alternatives, and conclusions and recommendations. The SW Fee Study is structured to provide the reader
with a detailed understanding of all the cost elements that comprise the recommended fee and how those
costs would be equitably allocated across the different property use classes.
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Estimate of Village of North Palm Beach Total Impervious Area and Distribution by
Property Use 2-1
2. Estimate of Village of North Palm Beach Total Impervious Area
and Distribution by Property Use
For the 2019 Study, Hazen conducted a preliminary analysis of the Village’s land use patterns to
determine the number of parcels by property use and their contribution to Village’s total impervious area
(IA). The following summarizes the methods used and the resulting calculations with some data updates
and refinements made since the submission of the 2019 Study.
Electronic files containing property appraiser parcel data were downloaded from the online Palm Beach
County Enterprise GIS Data Catalog and included the following elements:
• GIS Parcel Shapefile
• Property Data Database File
• Condo Data Database File
• Instructions for joining the Property Data and Condo Data Database files to the GIS Parcel
Shapefile.
• Existing Land Use GIS shapefile for matching parcels records to Palm Beach County general
land use categories
High resolution orthoimagery of the Village stormwater service area, for the purposes of manually
measuring IA, was also requested from Palm Beach County Information Systems Services. The Parcel
Shapefile was brought into GIS and mapped over the Palm Beach County orthoimagery.
Figure 2-1 shows an example of the GIS parcel shapefile over the orthoimagery. The parcel shapefile was
joined with the Property Data file which included detailed property use descriptions. Single-family
residential parcels are indicated by blue outline, multifamily parcels are outlined in green while
multifamily parcels with more than ten units are outlined in purple, condo in turquoise and all other
parcels are outlined in black.
Figure 2-1: Example of Palm Beach County Parcel Polygon Shapefile Data
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Estimate of Village of North Palm Beach Total Impervious Area and Distribution by
Property Use 2-2
2.1 Village of North Palm Beach Land Use by Property Use
The development of a stormwater utility billing system requires the classification of each parcel by land
use. Because the Palm Beach County parcel dataset did not include the Florida Department of Revenue
(DOR) property use codes typically employed for this purpose, an existing land use field was used
instead. Assigned land use categories were aggregated into general use categories that included
residential, commercial, industrial, institutional, and governmental groupings.
Table 2-1 shows how the property use classifications in the Parcel Data File were assigned to each
corresponding general use category with the purpose of grouping for billing.
Table 2-1: Property Use Category from Village of North Palm Beach Parcel Data File m atched to
General DOR Land Use Code2
General Land Use Grouping County Property Use Category
Residential SINGLE-FAMILY
SINGLE-FAMILY-IND ZONE
TOWNHOUSE
CONDO
MULTIFAMILY
MULTIFAMILY < 10 UNITS
Commercial/Industrial AUTO SALES
DEPARTMENT STORE
FINANCIAL
GOLF COURSE
INSURANCE
MORT/CEMETERY
MOTEL
NIGHT CLUBS
OFFICE MULTISTORY
OFFICE ONE STORY
PKG LT / MH PK
PROF OFFICES
RESTAURANT
RESTAURANT, DRIVE IN
SANI/ REST HOME
SERVICE STATION
SHOPPING CENTER CMMI
STORE/OFFICE/RESIDEN
STORES
SUPERMARKET/DRUG STO
WORKING WATERFRONT
RESIDENTIAL COMMON AREA
WAREH/DIST TERM
Institutional PRV SCHL/COLL
RELIGIOUS
Municipal/Government FOREST/PK/REC
MUNICIPAL
OUTDR REC/PARK LAND
PUB CTY SCHOOL (excluded)
STATE
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Estimate of Village of North Palm Beach Total Impervious Area and Distribution by
Property Use 2-3
General Land Use Grouping County Property Use Category
Utility UTILITY
Vacant
RIVER/LAKES
SEWG/WASTE LAND
SINGLE-FAMILY-IND ZO
VACANT
VACANT INDUSTRIAL
Water/Right of Way CENTRALL ASSESSED
R/W - BUFFER
2 As described in the 2018 Production Guide and Data Record Layout for the Comma Delimited File Format by the Florida
Department of Revenue Property Tax Oversight, available online:
http://floridarevenue.com/property/Documents/2018prodguide.pdf
In 2017 the 15th Circuit Court ruled in the case of School Board of Palm Beach County v. City of West
Palm Beach that public schools were to be exempt from stormwater fees. Therefore, public school parcels
have been excluded from the stormwater fee calculations in this report. There is one such public school
parcel in the Village, The Conservatory School at North Palm Beach. Depending on the billing method
selected to implement the fee (Section 8), the Village may not be able to collect from government owned
parcels. All aggregations of acreage used in the estimation of the Village’s potential stormwater revenue
collection, including governmental categories exclude the school’s approximately 10-acre parcel.
The Generalized DOR land use codes were then used to summarize the major service area parcel
categories in the Village as shown in Table 2-2:
Table 2-2: Major Service Area Parcel Categories
Parcels Area (acres)
Category Total Percentage Total Percentage
Commercial/Industrial 158 5.0% 329 18%
Institutional 12 0.4% 67 4%
All Residential 2,914 91.8% 1,009 54%
Right of Way/Exempt 12 0.4% 10 1%
Vacant 48 1.5% 51 3%
Utility 2 0.1% 2 0.06%
Municipal/Government 27 0.9% 398 21%
Grand Total 3,173 100.0% 1,867 100.0%
Table 2-2 shows that while the vast majority of parcels within the Village are residential, they comprise a
little more than half of the total land area. Note that while the Village has an area of 5.8 square miles, 2.2
square miles of that is water, and a little over a half of a square mile of that (0.55) is water or parcels for
transportation rights-of-way which are exempt from stormwater fees.
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Estimate of Village of North Palm Beach Total Impervious Area and Distribution by
Property Use 2-4
2.2 Estimation of Impervious Area by Property Use
The next step of the analysis was to estimate the distribution of IA by property use and then calculate the
IA to be assigned to each parcel. For multifamily residential and condominium land parcels, the IA was
measured for the entire parcel and not for individual units. However, for condominiums, an average per
unit ratio was estimated based on the total units across all condominium parcels. For Single-Family
Residential (SFR) parcels, a statistically significant random sample of approximately 5 percent of Vil lage
SFR properties were used to estimate an average square footage of IA per parcel. That average was then
applied to all SFR properties within the Village. For all other nonresidential land parcels, including
commercial/industrial, institutional, municipal/ government, and utilities, the IA square footage was
measured for each parcel due to the variability of land development within each respective property class.
Accordingly, these parcels would be charged based on their actual measured individual land cover
characteristics rather than the average IA coverage for their property use classification.
Table 2-3 presents the estimates of the Village’s impervious area for SFR and Condominiums. On
average, SFR parcels contain 5,550 ft2 of IA while the IA associated with each condominium unit
averages only about 1,227 ft2. The average IA for multifamily units is not included in the estimate
because multifamily residential unit counts per parcel were not available. For purposes of estimating a
stormwater utility fee, the multifamily parcels are treated the same as a commercial parcel with one fee
charged for the entire property.
Table 2-3: Average Impervious Area and Unit Count for SFR and Condominium Parcels
Metric Value Units
SFR Average IA 5,550 ft2
Condominium Average IA 1,227 ft2
SFR/Condominium Weighted Average IA 3,389 ft2
Condominium Unit Count 4,755 units
SFR Unit Count 2,675 units
Average Condominium IA/Average SFR IA 22 percent
Table 2-4 shows the relative contribution of each property use class to the total IA of the Village. The
SFR parcels account for 340.8 acres of IA or about 48 percent of the total Village IA. Commercial and
condominium parcels account for 137.2 acres and 134 acres, respectively. Parcels with multifamily
residences and institutional buildings together contain another 85 acres of IA.
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Estimate of Village of North Palm Beach Total Impervious Area and Distribution by
Property Use 2-5
Table 2-4: Total Impervious Area by Land and Property Use Classification
Land Use Property Use Acres
Residential
Single-Family Residential 340.8
Condominium 134.0
Multifamily Residential 54.9
Nonresidential
Commercial 137.2
Institutional 29.6
Municipal/Government 10.0
Utility 1.2
Vacant 0.6
Water/ROW N/A
Total 708.3
Figures 2-2 and 2-3 put these values into perspective by showing that although SFR parcels account for
84 percent of the total number of parcels in the Village, they account for just 48 percent of the IA.3
Condominium complexes and their common areas comprise just 3 percent of the parcels but contain 19
percent of the IA. Commercial parcels also tend to be larger and typically have more IA. As shown in the
figures below, although only 5 percent of the parcels are classified as commercial, they contain 19 percent
of the IA.
3 Single-Family parcels were assumed to have 5,550 square feet of impervious area each for the purposes of this estimate.
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Estimate of Village of North Palm Beach Total Impervious Area and Distribution by
Property Use 2-6
Figure 2-2: North Palm Beach Parcel Distribution by General Property Use Class
Figure 2-3: North Palm Beach Impervious Area Distribution by General Property Use Class
SINGLE FAMILY
RESIDENTIAL
84%
CONDOMINIUM
3%
MULTIFAMILY
RESIDENTIAL
5%
COMMERCIAL
5%INSTITUTIONAL
0%MUNICIPAL/
GOVERNMENT
1%
UTILITY
0%
VACANT
2%
WATER/ROW
0%
COMMERCIAL
19%
CONDOMINIUM
19%
INSTITUTIONAL
4%MUNICIPAL/
GOVERNMENT
2%
MULTIFAMILY
RESIDENTIAL
8%
SINGLE FAMILY
RESIDENTIAL
48%
UTILITY
0%
VACANT
0%
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Methods to Calculate Equivalent Residential Unit and Resulting Distribution by Property
Type and Use 3-1
3. Methods to Calculate Equivalent Residential Unit and Resulting
Distribution by Property Type and Use
An Equivalent Residential Unit or ERU is the billing unit commonly used by stormwater utilities to
determine the fee customers pay for their share of stormwater services. Stormwater services include both
infrastructure operations and maintenance as well as water quality treatment for runoff discharged to
surrounding natural bodies of water. An ERU typically represents the average impervious area associated
with one or more residential use classes. Once defined, the ERU is applied to service area parcels to
determine either a flat fee (in the case of SFR and condominium parcels) or a variable fee (for
nonresidential parcels) when impervious area is measured individually for each parcel.
The most recent (2018, published biennially) Florida Stormwater Association Survey4 notes that 56
percent of surveyed stormwater utilities base their ERU on SFR parcels only, while 35 percent base it on
all residential property types. Depending on the distribution of single and multifamily dwelling units
within a given municipality, one method may be preferable to the other. In the case of the Village of
North Palm Beach, the number of condominium dwelling units outnumbers single-family residential
parcels by nearly 2-to-1.
For purposes of this study, an ERU was calculated employing two methods:
1. Method 1: An ERU equals the average IA of SFR parcels
2. Method 2: An ERU equals the weighted average of IA of SFRs and condominiums
The ERU calculated for all nonresidential parcels is the ratio of each parcel’s IA to the ERU basis
established by the two methods, respectively. Method 1 results in an ERU of 5,550 square feet, and
Method 2 results in an ERU of 3,389 square feet.
4 Florida Stormwater Association 2018 Stormwater Utility Survey, p. 17
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Methods to Calculate Equivalent Residential Unit and Resulting Distribution by Property
Type and Use 3-2
Table 3-1 shows the distribution of ERUs by property use class for the Village of North Palm Beach
under the two ERU calculation methods. Under Method 2, the total number of ERUs is significantly
larger because the ERU is based on a smaller IA square footage. As a result, nonresidential properties
would be assigned larger ERU values then under Method 1. Condominium units, despite being associated
with a much smaller IA footprint than SFR parcels, would be assigned the same ERU value. Specifically,
under Method 2, a total of 4,755 ERUs are allocated to the 98 parcels containing the 4,755 condominium
units, whereas under Method 1, those same condominium units are assigned only 1,052 ERUs. As will be
shown in Section 5, the reallocation of ERUs would also impact the cost burden of the Stormwater
Program borne by the property use classes.
Table 3-1: ERU Allocations Under Alternative Methods
1 Condominium Average IA/SFR Average IA; See Table 2-4
Method 1 Method 2
Property Use Class Total Ft2 of IA
Total ERU
Count ERU Method ERU Count ERU Method
Single-Family Residential 14,846,250 2,675 1.0 ERU 2,675 1.0 ERU
Condominium 5,836,639 1,052 0.22 ERU1 4,755 1.0 ERU
Commercial 5,975,907 1,077
Measured IA
divided by
average SF IA
1,763
Measured IA
divided by
weighted
average
SF/Condo IA
Institutional 1,291,124 233 381
Municipal/Government 437,258 79 129
Multifamily Residential 2,392,204 431 706
Utility 50,570 9 15
Vacant 25,638 5 8
Total 30,855,590 5,560
10,432
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Projected Stormwater Expenditures Under Alternative Investment Scenarios 4-1
4. Projected Stormwater Expenditures Under Alternative Investment
Scenarios
For the past decade, the Village has been making repairs as stormwater infrastructure fails and financing
water quality treatment through the general fund. Most Village stormwater issues appear to be condition
based rather than capacity based. The following scenarios were developed for key anticipated costs. Each
scenario considers an assumed rate of inflation of 2.5 percent, based on the average inflation in the United
States through the first two months of 2020.
For purposes of estimating the annual total revenue requirements to pay for the stormwater management
program, this SW Fee Study assumes that the stormwater fee would be billed through the annual property
tax bill (See Section 8 on alternative billing options). Accordingly, the financial forecast includes a 4.0
percent uncollected revenue premium, accounting for the 4 percent Palm Beach County early payment
discount given for non-ad valorem assessment payments.5 Estimates also include the Palm Beach County
administrative fee of 1.0 percent of revenue collected for all non-ad valorem assessments. The fee is also
calculated without the adjustment as a gauge of how much the Village could spend using an alternative
billing mechanism (e.g. third-party billing using an entity such as Seacoast) without increasing the fee
beyond that estimated using the property tax bill.
• Scenario 1: Status Quo with Asset Videoing and Cleaning –
o Repairs made as infrastructure fails, resulting in an estimated cost of $87,543 per
year.6
o Asset videoing and cleaning estimated at ($114,439) is implemented7.
• Scenario 2: Scenario 1 Plus Additional Conveyance Rehabilitation and Maintenance Program
o In addition to Scenario 1, as well as rehabilitation and maintenance for the rest of the
Village’s stormwater assets.
o Asset videoing and cleaning estimated at $125,000.
o Pipe maintenance and rehabilitation estimated at an annual cost of $175,000.
• Scenario 3: Conveyance Rehabilitation and Maintenance Program Estimated Based on Asset
Materials and Age
o In addition to Scenario 2, line 100 percent of corrugated metal pipe (CMP) linear
footage over the next five years at an estimated cost of approximately $37,300 ($98
per linear foot) with the following assumption:
5 While the Village has not yet selected a method of collection, these discounts are used in the example to provide a conservative
cost per ERU estimate.
6 Cost of repairs approved by the Village Council for FY 2020, obtained from the Village.
7 All dollar values converted to 2019 dollars utilizing the Bureau of Labor Statistics published Consumer Price Index tables
available online here: https://data.bls.gov/timeseries/cuur0000sa0?series_id=cwur0000sa0
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Projected Stormwater Expenditures Under Alternative Investment Scenarios 4-2
▪ CMP systems are “minor facilities” according to FDOT8 with a Design
Service Life (DSL) standard of 50 years. The largest proportion (86%) of
corrugated metal pipe in the Village’s system, as estimated in the preliminary
study, is at least 50 years old.
o Line 50 percent of reinforced concrete pipe (RCP) built before 1968 over the next 10
years at an estimated cost of approximately $278,000 ($165 per linear foot) with the
following assumption:
▪ Half of RCP systems are “minor facilities” with an FDOT DSL standard of 50
years and the other half are “major facilities”9 with an FDOT DSL standard of
100 years.
• Scenario 4: Scenario 3 Plus Swale Rehabilitation CIP
o In addition to Scenario 3, a swale rehabilitation program cost was developed using
cost estimates obtained for a similar program with the following details:
▪ Rehabilitate 5 percent of the swale linear footage per year for the next twenty
years, at an estimated annualized cost of $349,000 or about $32 per linear
foot.
▪ Note: This estimate is in line with the range of approximately $9 to $55 per
linear foot noted by the Florida Department of Transportation (FDOT).10
These cost data were combined with the ERU allocations developed in Section 3 to calculate the required
monthly stormwater fee billing rate for each of the above scenarios. As the Village learns more about the
needs of its system through the implementation of CCTV inspections, scenarios may be updated to more
precisely budget for those needs. The asset videoing and cleaning, and maintenance and rehabilitation
funding pools will be used as a common pool depending on the magnitude of their respective needs in any
given year.
Table 4-1 through Table 4-411 show the resulting estimated stormwater management costs and billing
rates needed to cover each scenario’s cost for FY2021 through FY2025. Each scenario includes a line
item for revenue requirements and monthly estimated stormwater fee per ERU both with and without
Palm Beach County property tax roll administrative fees and potential early payment discounts to show
the magnitude of variance.12 For example, the FY2021 Scenario 1 Level of Service charge per ERU
would be at least $5.65, assuming Seacoast administrative fees are not less than the fees associated with
8 “A minor facility is permanent construction such as minor collectors, local streets and highways, and driveways, provided
culvert cover is less than 10 feet. Additionally, this category may be called for at the discretion of the District Drainage Engineer
where pipe replacement is expected within 50 years or where future replacement of the pipe is not expected to impact traffic or
require extraordinary measures such as sheet piling.” FDOT DDG, January 2019, p 517
9 “A major facility is any permanent construction of urban and suburban typical sections and limited-access facilities. Urban
facilities include any typical section with a fixed roadside traffic barrier, such as curb or barrier wall. Additionally, rural typical
sections with greater than 1,600 annual average daily traffic (AADT) are included in this category.” FDOT DDG, January 2019,
p 517
10 Florida Department of Transportation Best Practices for Stormwater Runoff Designer and Review Manual FDOT, April 2015.
p. 44 Converted to 2020$. Available online: http://www.fdot.gov/maintenance/RDW/BestMaintPracticesSWRunoff.pdf
11 Note: Calculations in Tables 4-1 through 4-4 account for an assumed annual interest rate of 2.5%.
12 Taxes paid prior to due date are given a 4% discount. With an added 1% administrative fee for processing tax bills, the net
discount is 3%. The calculations assume all parcels would receive the discount.
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Projected Stormwater Expenditures Under Alternative Investment Scenarios 4-3
implementing a non-ad valorem tax assessment. Under Scenario 2, the monthly charge per ERU for
FY2021 would be $8.57. We note that because the billing method has not yet been selected, the raw
stormwater fee is presented to show the baseline charge upon which any administrative/billing fees would
need to be added to cover the full cost of the program.
Table 4-1: Scenario 1 – Status Quo Stormwater Plan with Asset Videoing and Cleaning
Stormwater Program FY2021 FY2022 FY2023 FY2024 FY2025
NPDES Permitting 15,000 15,375 15,759 16,153 16,557
Emergency Repairs 87,543 89,732 91,975 94,274 96,631
Engineering and/or Consultant Costs 141,740 150,953 160,765 171,214 182,343
Asset Videoing and Cleaning 114,439 117,300 120,233 123,239 126,320
Required Revenue Subtotal 358,722 373,360 388,732 404,881 421,851
Uncollected Revenue (4.0% for early payment discount) 14,349 14,934 15,549 16,195 16,874
County Tax Roll Administrative Fee (1.0% of collected revenue) 3,587 3,734 3,887 4,049 4,219
Required Revenue After Discount & Admin Fee 376,658 392,028 408,168 425,125 442,944
Monthly Stormwater Fee per ERU (Residential billed for 1 ERU) $5.65 $5.88 $6.12 $6.37 $6.64
Raw SW Fee WITHOUT discounts/administrative fees $5.38 $5.60 $5.83 $6.07 $6.32
Table 4-2: Scenario 2 – Scenario 1 Plus Pipe Rehabilitation and Maintenance Program
Stormwater Program FY2021 FY2022 FY2023 FY2024 FY2025
NPDES Permitting 15,000 15,375 15,759 16,153 16,557
Emergency Repairs 87,543 89,732 51,250 25,625 26,266
Engineering and/or Consultant Costs 141,740 150,953 160,765 171,214 182,343
Asset Videoing and Cleaning 125,000 128,125 131,328 134,611 137,977
Pipe Rehabilitation and Maintenance 175,000 179,375 183,859 188,456 193,167
Revenue Subtotal 544,283 563,559 542,962 536,060 556,310
Uncollected Revenue (4.0% for early payment discount) 21,771 22,542 21,718 21,442 22,252
County Tax Roll Administrative Fee (1.0% of collected revenue) 5,443 5,636 5,430 5,361 5,563
Required Revenue After Discount & Admin Fee 571,497 591,737 570,110 562,863 584,125
Monthly Stormwater Fee per ERU (Residential billed for 1 ERU) $8.57 $8.87 $8.55 $8.44 $8.76
Monthly SW Fee WITHOUT discounts/administrative fees $8.16 $8.45 $8.14 $8.04 $8.34
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Projected Stormwater Expenditures Under Alternative Investment Scenarios 4-4
Table 4-3: Scenario 3 – Pipe Rehabilitation and Maintenance Program Estimated Based on Asset
Materials and Age
Stormwater Program FY2021 FY2022 FY2023 FY2024 FY2025
NPDES Permitting 15,000 15,375 15,759 16,153 16,557
Emergency Repairs 87,543 89,732 51,250 25,625 26,266
Engineering and/or Consultant Costs 141,740 150,953 160,765 171,214 182,343
Asset Videoing and Cleaning 125,000 128,125 131,328 134,611 137,977
Corrugated Metal Pipe Rehabilitation CIP 37,286 38,218 39,173 40,153 41,156
Reinforced Concrete Pipe Rehabilitation CIP 276,658 283,575 290,664 297,931 305,379
Revenue Subtotal 683,227 705,977 688,940 685,688 709,678
Uncollected Revenue (4.0% for early payment discount) 27,329 28,239 27,558 27,428 28,387
County Tax Roll Administrative Fee (1.0% of collected revenue) 6,832 7,060 6,889 6,857 7,097
Required Revenue After Discount & Admin Fee 717,388 741,276 723,387 719,972 745,162
Monthly Stormwater Fee per ERU (Residential billed for 1 ERU) $10.75 $11.11 $10.84 $10.79 $11.17
Monthly SW Fee WITHOUT discounts/administrative fees $10.24 $10.58 $10.33 $10.28 $10.64
Table 4-4: Scenario 4: Scenario 3 Plus Swale Rehabilitation CIP
Stormwater Program FY2021 FY2022 FY2023 FY2024 FY2025
NPDES Permitting 15,000 15,375 15,759 16,153 16,557
Emergency Repairs 87,543 89,732 51,250 25,625 26,266
Engineering and/or Consultant Costs 141,740 145,283 148,915 152,638 156,454
Asset Videoing and Cleaning 125,000 128,125 131,328 134,611 137,977
Corrugated Metal Pipe Rehabilitation CIP 37,286 38,218 39,173 40,153 41,156
Reinforced Concrete Pipe Rehabilitation CIP 276,658 283,575 290,664 297,931 305,379
Swale Rehabilitation 349,118 357,846 366,793 375,962 385,361
Revenue Subtotal 1,032,345 1,058,154 1,043,883 1,043,074 1,069,151
Uncollected Revenue (4.0% for early payment discount) 41,294 42,326 41,755 41,723 42,766
County Tax Roll Administrative Fee (1.0% of collected revenue) 10,323 10,582 10,439 10,431 10,692
Required Revenue After Discount & Admin Fee 1,083,963 1,111,062 1,096,077 1,095,227 1,122,608
Monthly Stormwater Fee per ERU (Residential billed for 1 ERU) $16.25 $16.65 $16.43 $16.42 $16.83
Monthly SW Fee WITHOUT discounts/administrative fees $15.47 $15.86 $15.65 $15.63 $16.03
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Estimated Stormwater Fee per ERU and Distribution of Costs by Property Use Under
Alternative ERU Calculation Methods 5-1
5. Estimated Stormwater Fee per ERU and Distribution of Costs by
Property Use Under Alternative ERU Calculation Methods
Stormwater management costs are allocated based on the method used to establish the ERU definition and
the how the resulting ERUs are distributed across the property use classes. For the purposes of this study
the two methods described in Section 3 were evaluated to assess the impact on the financial burden borne
by each property use category or customer class.
Method 1, which was used to calculate the monthly per ERU charges in Tables 4-1 through 4-4, uses the
average SFR IA as the ERU. SFR parcels are assigned a uniform ERU value and fee regardless of
individual parcel size or impervious area. All other property use classes are assigned an ERU value based
on the ratio of their actual IA compared to the average SFR IA.
Applying a uniform rate to property use classes with relatively invariable property development and that
comprise large proportion of land parcels simplifies the program and reduces administrative costs,
although it could present an equity issue in jurisdictions where there are significant differences in parcel
sizes and impervious area ratios.
As detailed in Section 3, Method 2 calculates the ERU based on the weighted average of IA for SFRs and
condominium units. Under this approach, a single ERU is based on an IA of 3,389 square feet instead of
5,550 square feet. The number of ERUs allotted to SFRs would be unchanged because each SFR parcel
would still be assigned 1 ERU. ERUs assigned to condominiums and other property use parcels would
necessarily increase because a single ERU would be based on a smaller IA. Under Method 1, for example,
in FY2021 condominium units would pay on average $1.25 per month (Scenario 1); under Method 2, the
average per monthly fee would rise to $2.83. A comparison of the estimated monthly stormwater fees per
ERU for each Scenario (Section 4) and Method (Section 3) is shown in Table 5-1:
Table 5-1 Monthly ERU Costs and Savings for Two ERU Calculation Methods
Single-Family Residential Condominiums
Method 1 Method 2 Method 1 Method 2
Scenario 1 $5.65 $2.83 $1.25 $2.83
Scenario 2 $8.57 $4.09 $1.89 $4.09
Scenario 3 $10.75 $5.32 $2.38 $5.32
Scenario 4 $16.25 $8.09 $3.59 $8.09
The overall shift in cost burden from SFR parcels under Method 2, is shown in the Figures 5-1 and 5-2.
The share of stormwater fee burden for condominiums increases from 19 to 45 percent, while the
contribution from SFRs decreases from 48 to 26 percent. The relative total share for other property use
classes decreases slightly although the absolute fees for individual parcels would on average increase. The
dramatic shift in cost burden to condominiums under Method 2, appears to be misaligned with the
proportion of condominium land parcel IA comprising the Village’s total IA. Therefore, Method 1
achieves greater equity by creating two flat fee categories for the two most common and homogenous
property classes (SFR and Condominium), with each SFR parcel assigned 1 ERU and each condominium
unit assigned a proportional fraction of the ERU based on SFR average IA.
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Estimated Stormwater Fee per ERU and Distribution of Costs by Property Use Under
Alternative ERU Calculation Methods 5-2
Figure 5-1: Share of Stormwater Fee Burden: Method 1
Figure 5-2: Share of Stormwater Fee Burden: Method 2
SINGLE FAMILY
RESIDENTIAL
48%
CONDOMINIUM
19%
COMMERCIAL
19%
INSTITUTIONAL
4%
MUNICIPAL/
GOVERNMENT
2%
MULTIFAMILY
RESIDENTIAL
8%
UTILITY
0%
VACANT
0%
SINGLE FAMILY
RESIDENTIAL
26%
CONDOMINIUM
45%
COMMERCIAL
17%
INSTITUTIONAL
4%
MUNICIPAL/
GOVERNMENT
1%
MULTIFAMILY
RESIDENTIAL
7%
UTILITY
0%
VACANT
0%
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Incorporating Credits into a Stormwater Utility Fee Program 6-1
6. Incorporating Credits into a Stormwater Utility Fee Program
6.1 Overview of Stormwater Credits and Participation Rates
Providing credits or fee discounts to stormwater utility customers who reduce their stormwater runoff is
an increasingly common element of stormwater utility fee programs. Black & Veatch’s (B&V) 2018
nationwide survey of stormwater utilities reported that more than 50 percent of respondents provide
credits for managing volume, water quality, and/or peak flow reduction. Similarly, most respondents to
the 2019 Southeast Stormwater Association (SeSwA) Survey also provided credits for implementing
stormwater best management practices (BMPs). However, both surveys found that credit program
structures, eligibility, and size of discounts or credits provided vary substantially.
About 46 percent of the respondents to the B&V survey offered credits only to nonresidential accounts
while 54 percent made all land parcels eligible. Most credit programs provide continuing fee discounts for
specific types of management practices although some utilities provide one-time subsidies for installation
of a structural BMP such as a rain barrel. For example, St. Petersburg, FL has recently announced it will
offer rebates to single-family residential customers who install rainwater catchment devices that help
conserve water and reduce rainwater runoff.13
For programs that offer ongoing discounts, the amount of maximum credit varies significantly. Although
42 percent of the B&V respondents set a credit limit of 25-50 percent per parcel, 34 percent of the
programs provide credits up to 75 percent, and 21 percent of the utilities offer credits of more than 75
percent. In establishing BMP credits, a utility must create a balance between providing sufficiently large
credits to elicit participation and ensuring that the revenue reduction does not exceed the value of the
credits provided.
It is important to note that although stormwater credit programs are becoming increasingly more common
and now are offered by a majority of utilities, participation rates remain relatively low. For the 86 percent
of the B&V Survey respondents that have a credit program, only 1-5 percent of the eligible parcels
participate. For the SeSwA survey, the average participation rate was just 3 percent.
6.2 Credit Program Considerations
Credit programs are justified because they reduce the stormwater fee imposed on a parcel commensurate
with the decrease in demand placed on the system by that parcel when a best management practice is
implemented. Parcel owners are incentivized to control stormwater runoff at the source, which reduces
system and environmental loads and the level of service required to maintain water quality of
environmental water bodies. These benefits to the system should be passed on to the implementer.
However, the BMPs that a parcel owner implements are only of value if they are properly maintained;
otherwise their efficacy will diminish over time and the owner would receive unwarranted credits.
13 Introducing: St. Petersburg’s Rainwater Rebate Program, City of St. Petersburg, FL, available online:
http://www.stpete.org/internal-news-detail_T2_R1150.php (accessed April 29, 2020)
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Incorporating Credits into a Stormwater Utility Fee Program 6-2
In implementing a credit program, the utility must be cognizant that its potential revenues will be reduced,
requiring that the charge per ERU be increased to collect the revenue requirement. In addition, while
providing credits for implementing BMPs may enhance the perception of equity and fairness in cost
recovery, it also shifts the associated revenue loss recovery to non-participating customers. Accordingly,
if eligibility is offered to only nonresidential land parcels, more of the program’s cost burden will be
shifted to residential customers, although the magnitude will depend on the participation rate and the size
of the offered credits. In sum, credit programs need to be structured to balance the revenue needs of the
utility with the overall goal of ensuring the fee charged to the system’s users is as equitable and affordable
as possible.
6.3 Evaluated Scenarios for the Village of North Palm Beach and Financial
Impacts
It is recommended that the Village of North Palm Beach implement a credit program that includes
eligibility for all property use classes provided they meet the program requirements for reducing
stormwater runoff. The credits allotted to a specific parcel should be based on the type of structural BMP
implemented which would correspond to volume and peak flow reduction. It is recommended that a
maximum credit of 75 percent be established and that after a 3-year period, the land parcel owner must
recertify confirming the mitigation facilities are still functioning as necessary. Renewal of the credit
voucher should require an inspection to ensure that the BMP is being properly maintained.
Apart from report details the major elements of the recommended credit program including the
application process, eligible BMPs, potential size of credits allotted by BMP type, and procedures for
renewing credits will be developed.
As noted above, incorporating a credit program will have financial consequences; the greater the
participation rate, the greater the reduction in revenue generated by the stormwater fee. Accordingly, the
fee per ERU will have to increase commensurate with the reduction in revenue unless the reduction in
demand on the system result in commensurate reduced program costs.
Because this would be the inaugural program for North Palm Beach, it is difficult to confidently forecast
future participation rates and the resulting fee adjustment necessary to cover potential shortfalls in
revenue. For the purposes of this report, a range of credit program participation rates similar to
participation rates elsewhere was used to gauge the potential impacts to the baseline fee (no credit
program) presented in the Section 4. For illustrative purposes, the monthly per ERU fee of $5.65 for
FY2021 under Scenario 1 Level of Service is used as the baseline fee from which credit program
participation would increase. Three Participation Scenarios were selected to estimate potential impacts on
the baseline monthly ERU fee.
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Incorporating Credits into a Stormwater Utility Fee Program 6-3
Table 6-1: Credit Program Potential Impacts on Recommended Level of Service Scenario 1
Participation Scenario Description
Projected Monthly ERU
Fee FY2021
No Credit Program Offered No Credits Offered $5.65
Low Participation Scenario 3% of all parcels receive credit averaging
50% of fee $5.73
Moderate Participation Scenario
3% of SFR parcels and 10% of all other
parcels receive credit averaging 50% of
Fee
$5.84
High Participation Scenario
3% of SFR parcels and 20% of all other
parcels receive credit averaging 50% of
fee
$6.00
As shown in Table 6-1, a credit program would likely have a minor impact on monthly fees given that the
participation rate is likely to fall in line with regional participation rates of about 3 percent. In the
scenarios above, there is about a 6 percent difference in the monthly ERU fee between the baseline fee
(no credit program) and the highest participation rate scenario. The mid-level participation rate scenario
would result in a monthly ERU fee of $5.84 or about 3.3 percent above the baseline fee of $5.65, while
the low participation rate would generate a fee increase by only 1.4 percent. The moderate and high
participation rate scenarios would also shift the cost burden to SFR parcels, because their participation
rates would remain unchanged from the low participation scenario while parcels in the other property use
categories would receive more credits as their participation rates would increase. However, the burden
shift would be slight, with the SFR cost burden share rising from about 48 to 50 percent of the total.
A credit program would result in the same percentage fee increase and shift of customer cost burden
regardless of the Level of Service Scenario implemented. For example, under the Level of Service
Scenario 2, the base ERU monthly fee of $8.57 fee would increase to $8.70 assuming a low participation
rate. Assuming a moderate participation rate would raise the monthly fee to $8.86 while a high
participation rate would require a monthly fee of $9.10. For the Scenarios 3 and 4, the monthly fees
would be $11.42 and $17.26, for the high participation scenario, respectively. Table 6-2 shows the final
estimated fee burden by property class for Level of Service Scenario 1 with moderate participation rate.
Table 6-2: Distribution of Monthly Stormwater Fee by Parcel Property Use Class
Parcel
Count ERUs
Fee Per
ERU
Monthly
Total
Revenue
Annual
Total
Revenue
Percent
of Total
Revenue
Average
Monthly
Fee
Single-Family Residential 2,675 2,675
$5.84
$15,622 $187,464 48% $5.84
Condominium (units) 4,775 1,052 $6,144 $73,724 19% $1.29
Commercial 158 1,077 $6,290 $75,476 19% $39.81
Institutional 12 233 $1,361 $16,329 4% $113.39
Municipal/Government 27 79 $461 $5,536 1% $17.09
Multifamily Residential 141 431 $2,517 $30,204 8% $17.85
Utility 2 9 $53 $631 0% $26.28
Vacant 48 5 $29 $350 0% $0.61
Total 3,161 5,560 N/A $32,476 $389,715 100% N/A
*4,755 condo residential units on 98 parcels
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Comparison of Projected Stormwater Fee with other Florida Utilities 7-1
7. Comparison of Projected Stormwater Fee with other Florida
Utilities
Every two years the Florida Stormwater Association (FSA) publishes a summary report based on a survey
sent to stormwater utilities located within the State of Florida. This report may be used as an industry
benchmarking tool for the implementation of potential stormwater fees. The average monthly stormwater
utility rate among responding Florida stormwater jurisdictions was $7.80 according to the FSA 2018
Stormwater Utility Report.14 In comparison with Palm Beach County stormwater jurisdictions, the City of
Lake Worth is $6.30 while the City of West Palm Beach is $13.57 per month.
Figure 7-1 shows the number of Florida stormwater jurisdictions by monthly stormwater fee per
stormwater unit in two-dollar increments. Most Florida stormwater jurisdictions charge a monthly fee
between $3.25 and $9.25. Under a low participation rate scenario, the average monthly would range from
$5.73 to $16.93, depending on the Level of Service scenario. Level of Service Scenario 1 would fall into
the mid-range of fees charged by most Florida jurisdictions with Level of Service Scenario 2 falling in the
upper portion of that range. Level of Service Scenarios 3 and 4, would fall into the higher range of fees.
Figure 7-1: Histogram of Florida Stormwater Jurisdictions by Monthly Fee Range (data reflective of
2018 FSA survey respondents reporting both a stormwater rate and unit size)
14 Florida Stormwater Association 2018 Stormwater Utility Report, p. 12
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Alternative Billing Methods 8-1
8. Alternative Billing Methods
There are two main methods for stormwater fee collection that are typical among municipal stormwater
utilities in Florida. The first is to include stormwater management charges as a separate fee on an existing
utility bill. A second is to utilize the uniform method for non-ad valorem assessments and place
stormwater utility fees on the county tax bill. A third but uncommon method is for the municipality to
develop the infrastructure for billing and collecting stormwater fees on its own. This method is not
typically used or recommended due to the cost prohibitive nature of the requisite infrastructure and
personnel requirements to implement.
According to the Florida Stormwater Association 2018 Stormwater Utility Report, 66 percent of utilities
collect revenue through a user fee on a water/wastewater utility bill, while 29 percent do so through the
second most common method, non-ad valorem or special assessments.15 The uniform method of
collection for non-ad valorem assessments is expressly permitted for stormwater fees in Florida Statute
403.0893. The use of the tax bill has been steadily gaining popularity in Florida over the past dozen years
due to the ease and relatively low cost of implementation as well as the almost 100% collection rate.
Water and sewer services within the Village are provided by the Seacoast Utility Authority, which bills
customers directly using its own billing system. Should the Village choose to collect stormwater fee
revenue via the existing utility bill, it would need to enter a contractual arrangement with Seacoast to add
stormwater fees to its billing system. Such an arrangement would likely entail a billing services fee that
would be paid to Seacoast by the Village. In initial communication with Seacoast Utility Authority,
indication was that its charter is not set up to allow for the billing and collection of stormwater utility fees,
but future changes to the charter might be possible should the Village decide to pursue this billing
method.
Table 8-1 provides a side-by-side comparison between utility bill and non-ad valorem assessment billing
options.
Table 8-1: Comparison of Billing Options
Utility Bill Non-ad Valorem Assessment
Collected monthly on the Seacoast Utility Authority
water/sewer bill Collected annually on county property tax bill
Requires special billing and customer list development 1:1 Match between parcels and billing accounts
Collection enforcement typically via discontinuance of
service
Highest rate of collection (tax lien, tax certificates not
dependent on customers of a service)
Most flexible if changes are needed/required Compliance with specific statutory process required
Fees can be updated anytime Fees can be updated annually
All utility customers are in billing system (with the
exception of public schools)
Some parcels may be exempt from non-ad valorem
assessments
Agreement with Seacoast Utility Authority required,
including administrative and billing fees
County Tax Collector fee typically 1% of collected
revenue; non-ad valorem assessments subject to early
tax bill payment discount of up to 4%
15 Florida Stormwater Association 2018 Stormwater Utility Report, p. 10
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Alternative Billing Methods 8-2
The key advantages to collecting stormwater charges as a non-ad valorem assessment on the County
property tax bill include:
• 1-to-1 relationship between parcel-based ERUs and County tax accounts; special
accommodation of parcels with multiple tenants is not required.
• Condominium unit owners are billed directly rather than through an owner’s association.
• Relatively simple billing and collection handled by the Property Appraiser and Tax
Collector’s offices.
• Near 100% collection rate on all assessments levied.
• Disincentive to default is a deterrent to all customers, not just those who use water/sewer
services.
• Captures all properties, not just those with active water/sewer utility accounts.
The key disadvantage of using the property tax bill for stormwater charge collection is that government
properties might be exempt, and will not be obligated to pay special assessments, leading to potential lost
revenue from properties owned by the Federal Government. Regardless of method, the Palm Beach
County School District is exempt from stormwater fees. Considering the Village’s lack of current water
and wastewater billing infrastructure, and that Seacoast’s Charter does not provide for the addition of a
stormwater fee to its billing cycle, it is recommended that a stormwater fee be added as part of the non-ad
valorem assessment on the property tax bill both for cost effectiveness and ease of implementation.
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Conclusions and Recommendations 9-1
9. Conclusions and Recommendations
Implementing a stormwater fee would provide Village of North Palm Beach with a reliable and
predictable revenue stream to fund its ongoing stormwater management program. It would remove the
uncertainty associated with the current budgeting process that is vulnerable to unpredictable funding
allocations independent of the program’s actual needs. A stormwater fee would also directly link each of
the Village’s land parcels with its impact on the stormwater system’s capital and operations and
maintenance costs.
The recommended fee structure is based on a uniform fee for all SFR and condominiums with each SFR
parcel assigned 1 ERU and each condominium unit assigned 0.22 ERU. One ERU contains 5,550 square
feet of IA, as determined by assessing orthoimagery for a statistically significant sample of SFR parcels.
Condominium units would also pay the same ERU fraction of 0.22 based on average square footage of IA
associated with all condominium units in the Village. All other parcels would be assigned an ERU value
that is the ratio of that parcel’s measured IA divided by 5,550 square feet (definition of the ERU).
The SW Fee Study also estimated the Village’s stormwater program’s annual cost from FY2021-FY2025
based on four Level of Service Scenarios. The Scenario 1 Level of Service would entail continuing with
the status quo stormwater plan while adding asset videoing and cleaning at an estimated FY2021 cost of
approximately $380,000. The other Level of Service scenarios would entail the implementation of more
robust stormwater programs along with increased annual costs.
The Village has indicated its preference to implement the Scenario 2 Level of Service. The Scenario 2
Level of Service program provides a more robust maintenance program than the Scenario 1 or status quo
Level of Service Program. This approach will also allow the Village residents and businesses to adapt to
the new stormwater fee and the revenue will be sufficient to maintain the current infrastructure and begin
planning future renewal and replacement investments. The Village can then adopt a higher level of
service if/when it determines it appropriate to meet future stormwater management and environmental
objectives change. If the Village was to use the annual property tax bill as the mechanism for billing the
stormwater fee, the baseline monthly per ERU fee is estimated to be $8.57, or $8.86 with moderate credit
program participation.
Finally, it is recommended that the stormwater fee program include a credit program that would provide
discounts to owners of land parcels who implement BMPs in accordance with credit program policies.
All land parcels would be eligible for credits and a maximum credit of 75 percent would be established.
National experience with credit programs is that relatively few parcel owners participate with an average
of only 1-5 percent of land parcels receiving credits according to recent stormwater utility surveys
conducted by Black and Veatch and the Southeast Stormwater Association. Accordingly, it is anticipated
that a Village of North Palm Beach credit program would elicit a relatively low participation rate as well,
perhaps even more so in the early years of implementation. Because, a credit program necessarily reduces
the number of ERU’s to which the annual costs can be allocated, a credit program would raise the
monthly fee per ERU. Accordingly, the FY2021 monthly ERU fee would be $8.86 assuming 3 percent
SFR participation and a 10 percent participation rate for all other land parcels. Although this represents
the moderate participation rate scenario, the resulting stormwater fee would be about 3.4 percent above
Village of North Palm Beach June 16, 2020
Stormwater Utility Study
Final Report
| Conclusions and Recommendations 9-2
the monthly fee without a credit program and the shift in cost burden to SFRs would be slight. Using this
scenario also provides a more conservative estimate of revenue being generated. Figure 9-1 shows a
breakdown of the final estimated revenues by property use class using ERU Method #1 for Level of
Service Scenario 2 assuming a moderate credit program participation rate.
Table 9-1: Distribution of Monthly Stormwater Fee by Parcel Property Use Class
Parcel
Count ERUs
Fee Per
ERU
Monthly
Total
Revenue
Annual
Total
Revenue
Percent
of Total
Revenue
Average
Monthly
Fee
Single-Family Residential 2,675 2,675
$8.86
$23,701 $284,406 48% $8.86
Condominium (units) 4,775* 1,052 $9,321 $111,849 19% $1.92
Commercial 158 1,077 $9,542 $114,507 19% $59.30
Institutional 12 233 $2,064 $24,773 4% $168.93
Municipal/Government 27 79 $700 $8,399 1% $25.46
Multifamily Residential 141 431 $3,819 $45,824 8% $26.59
Utility 2 9 $80 $957 0.2% $39.15
Vacant 48 5 $44 $532 0.1% $0.91
Total 3,161 5,560 N/A 449,270 $591,246 100% N/A
*4,755 condo residential units on 98 parcels