Agenda 05-04-04The City of
Boynton Beach
100 E. Boynton Beach Boulevard · (561) 742-6000
City Commission
AGENDA
MAY 4, 2004
Jerry Taylor
Mayor
At Large
Bob Ensler
Commissioner
District I
Mack McCray
Commissioner
District II
Mike Ferguson
Vice Mayor
District III
Carl McKoy
Commissioner
District IV
Kurt Bressner
City Manager
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBI.I:C PART]:CTpA'F~ON AT
C:~I'Y OF BOYNTON BEACH COMM]:SS]:ON MEET]:NGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
· Consent Agenda ]:terns: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
· Regular Agenda ]:terns: These are items which the Commission will discuss individually in the order
listed on the agenda.
· Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKTNG AT COMMTSSTON MEET]:NGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item.
City Commission meetings are business meetings and, as such, the Commission retains the right to limit
discussion on an issue.
Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
· Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission.
· Regular Agenda Ttems: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded.
ADDRESSTNG THE COMMTSS]:ON:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the
Commission will be barred from further audience before the Commission by the presiding officer, unless
permission to continue or again address the Commission is granted by the majority vote of the Commission
members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
' '~lidays/Election Day).
CITY OF BOYNTON BEA CH
REGULAR CITY COMMISSION MEETING
AGENDA
May 4, 2004 6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation - Rev. Randall Gill, First Presbyterian Church
C. Pledge of Allegiance to the Flag led by Commissioner McCray
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMUNITY E SPECIAL EVENTS, & PRESENTATIONS:
A. Announcements:
B. Community and Special Events:
C. Presentations:
1. Proclamations:
a. A Day of Prayer - May 6, 2004
b. World War II Submariners Remembrance Day - May 8, 2004
c. National Public Works Week - May 16-22, 2004
d. Law Enforcement Appreciation Month - May 2004
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE I. ZMZTED TO 3-MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3-minute allowance may nard to be adjusted
depending on the level of business coming before the City Commission)
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
May 4, 2004
V. ADMINTSTRAI'~VE:
A. Appointments to be made:
Appointment Length of Term
To Be Made Board Expiration Date
I! McCray Advisory Bd on Children & Youth Reg 2 yr term to 4/06 Tabled (2)
IV McKoy Advisory Bd on Children & Youth Alt I yr term to 4/05 Tabled (2)
Mayor Taylor Advisory Bd on Children & Youth Alt I yr term to 4/05 Tabled (2)
III Ferguson Arts Commission Reg 2 yr term to 4/06 Tabled (2)
III Ferguson Arts Commission Alt 1 yr term to 4/05 Tabled (2)
Mayor Taylor Cemetery Board Reg 3 yr term to 4/07 Tabled (2)
I Ensler Cemetery Board Alt 1 yr term to 4/05 Tabled (2)
Mayor Taylor Code Compliance Board Alt 1 yr term to 4/05 Tabled (3)
II McCray Community Relations Board Reg 3 yr term to 4/07 Tabled (2)
Mayor Taylor Education Advisory Board Stu 1 yr term to 4/05
IV McKoy Education Advisory Board Alt 1 yr term to 4/05 Tabled (2)
Mayor Taylor Education Advisory Board Reg 2 yr term to 4/06 Tabled (2)
! Ensler Education Advisory Board Reg 2 yr term to 4/06 Tabled (2)
T! McCray Education Advisory Board Reg 2 yr term to 4/06 Tabled (2)
TII Ferguson Education Advisory Board Alt I yr term to 4/05 Tabled (2)
IV McKoy Education Advisory Board Stu I yr term to 4/05 Tabled (2)
:IV McKoy Library Board Alt 1 yr term to 4/05 Tabled (2)
!!I Ferguson Planning & Development Board Reg 2 yr term to 4/06
IV McKoy Planning & Development Board Reg 2 yr term to 4/06
Mayor Taylor Planning & Development Board Reg 2 yr term to 4/06
I Ensler Planning & Development Board Reg 2 yr term to 4/06
I! McCray Planning & Development Board Alt I yr term to 4/05
Il:! Ferguson Planning & Development Board Alt 2 yr term to 4/05
IV McKoy Recreation & Parks Board Alt I yr term to 4/05 Tabled (2)
! Ensler Senior Advisory Board Alt :1 yr term to 4/05 Tabled (2)
II McCray Senior Advisory Board Alt i yr term to 4/05 Tabled (2)
V~. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments,
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
May 4, 2004
A. Minutes:
1. City Commission Meeting of April 7, 2004
2. City Commission Workshop of April 12, 2004
3. City Commission Workshop of April 19, 2004
4. City Commission Workshop of April 21, 2004
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2003-2004 Adopted Budget
1. Award "ANNUAL BID FOR PVC SCHEDULE 40 & 80 IRRIGATION
SUPPLIES," Bid #045-1412-04/.1A to various vendors, with an estimated
expenditure of $50,000
2. Award Bid #042-2821-04/.1A, "SITE IMPROVEMENTS FOR PUMP STATION
317," to Chaz Equipment Company, Inc. (CEC) and to execute a contract
by resolution in the amount of $297,760. Aisc, approve an owner's
contingency of 10% in the amount of $29,776 for a total project budget
appropriation of $327,536 (Proposed Resolution No. R04-068)
3. Award Bid #038-2821-04/C3D, "N.E. 17m AVENUE AREA STORMWATER
IMPROVEMENTS AND WATER MAIN REPLACEMENT" to Mora Engineering
Contractors, Inc., and to execute a contract by resolution in the amount
of $1,711,917. Aisc, approve an owner's contingency of 10% in the
amount of $171,191.70 for a total project budget appropriation of
$1,883,108.70 (Proposed Resolution No. R04-069)
C. Resolutions:
1. Proposed Resolution No. RO4-O4:L Re: Approval of Task
Order #R04-5-04 in the amount of $81,366 to CH2M Hill, Inc. for
architectural and engineering services for design and construction
administration for Senior Center Phase III ~T,4B£ED
O$/04/O4)
2. Proposed Resolution No. R04-070 Re: Task Order #P04-17-
01 in the amount of $16,000 to SFRN, Inc. for architectural and
engineering services for conceptual design of the repair and/or
replacement of the boardwalk at Oceanfront Park
3. Proposed Resolution No. RO4-O7:L Re: Ratification of South
Central Regional Wastewater Treatment & Disposal Board actions of April
15, 2004:
a. Authorization to appropriate $74,176 from Cities Utility Budget
($37,088 from each city) for the evaluation of collection system
odors and treatment services (see Work Task Order 2004-002)
3
Agenda
Regular City Commission MeeUng
Boynton Beach, Florida
May 4, 2OO4
b. Authorization to write off $336,227.12 accumulated balance in
Board's financials from Boynton Beach's Repair & Replacement
Fund since 1990/91 to correspond with transfer of Delray Beach's
Repair & Replacement Fund of $426,266.75 (September 30, 2003)
4. Proposed Resolution No. RO4-072 Re: Approval of the
Interlocal Agreement with the Town of Ocean Ridge for the provision of
Fire Suppression, Emergency Medical and Fire Life Safety services
5. Proposed Resolution No. R04-073 Re: Contract with the
Bureau of Alcohol, Tobacco and Firearms (ATF) for the use of the Police
Department Range
6. Proposed Resolution No. RO4-074 Re: Amendment to the
2002/2003 Community Development Block Grant contract for services for
the Juvenile Transition Center (J-TC)
D. Ratification of Planning & Development Board Action:
1. Wantshouse Residence (ZNCV 04-002), 3416 South Lake Drive -
Request for relief from Chapter 2, Zoning, Section 5.B.2.a., requiring a
minimum rear yard setback of 25 feet for a single-family home within the
R-i-AAB zoning district, to allow for a variance of 15 feet, and a rear yard
setback of 10 feet
2. Anderson PUD (NWSP O4-005), West side of Lawrence Road, 1/2 mile
south of Hypoluxo Road - Request for new site plan approval for 85
single-family homes on an 18.32-acre parcel in a PUD zoning district
3. Arbolata (SPTE 04-001), Southeast corner of South Congress Avenue
and southwest of SW 35~ Avenue - Request for a i year time extension
of the subdivision master plan approval granted on February 4, 2003,
from February 4, 2004 to February 4, 2005
E. Ratification of CRA Action:
None
F. Authorize the use of $2,000 of Community Tnvestment Funds to the Gulf Stream
Council, Inc. - Boy Scouts of America ($1,000 from Commissioner Ensler, $500
from Vice Mayor Ferguson and $500 from Commissioner McCray)
G. Approve the transfer of funds from the City Contingency Account No. 001-1211-
512-99-01 to the Forestry & Grounds' Parks Maintenance Account No. 001-2830-
572-46-95 in the amount of $48,000
4
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
May 4, 2004
H. Authorize the Utilities Department to turn over $56,814.61 in unpaid Utility and
Refuse billings to the City's collection agency, and authorize the Finance
Department to reduce the Allowance for Uncollectible Account by that same
amount
I. Approve the "Serrano, a P.U.D." Record Plat, conditioned on the approval being
the certification of the plat documents by H. David Kelley, Jr., PE/PSM (City
Engineer and Surveyor & Mapper)
.1. Approve the $11,000 check for the Coastal Bay Colony restoration surety
K. Approve Permit No. 04-1827 for Category 4 Excavation and Fill, in excess of
1,000 C.Y., for the Coastal Bay Colony development
L. Approve the rider to the $34,684 surety recently approved at the April 7~ City
Commission meeting for the development called Serrano, PUD
M. Approve the Orchard Estates Record Plat, conditioned on the approval being the
certification of the plat documents by H. David Kelley, .Ir., PE/PSM (City Engineer
and Surveyor & Mapper) for recording in the Public Records of Palm Beach
County, Florida
N. Woolbright Plaza (14SP1~! 04-001), 1604 South Congress Avenue - Request
for Major Site Plan Modification to modify Condition of Approval #45 to reduce
the west buffer landscaping to the minimum required by code
O. Approve Permit No. 04-1715 for the removal of approximately 6,225 C.Y. of
demucked material from the water main and sanitary sewer alignment at Marina
Village (The applicant is also obtaining all additional appropriate State and
Federal permits required to perform dewatefing operation) and approve
acceptance of a Letter of Credit in the amount of $40,840.80 for restoration of
roadways in conjunction with removal of demucked materials from Marina Village
P. Approve acceptance of a Letter of Credit in the amount of $33,550 for site
restoration for the Marina Village at Boynton Beach subdivision in connection
with the Land Development Permit
Q. Approve the REN/~SSANCE COMMONS, A P.U.D. Record Plat, conditioned on the
approval being the certification of the plat documents by H. David Kelley, Jr.,
PE/PSM (City Engineer and Surveyor & Mapper and Jeffrey R. Livergood, PE
(Director of Public Works))
CODE COIqPLZANCE & LEGAL SEI'rLEMENTS:
A. Accept the agreed upon settlement with Charles Wilmick, plaintiff, in the amount
of $11,000
5
Agenda
Regular City Commission MeeUng
Boynton Beach, Florida
May 4, 2004
VIII. PUBI TC HEAR/NG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMI'TS
None
]:X. CTrY MANAGER'S REPORT:
None
X. FUTURE AGENDA TI'EMS:
A. Status Report on Old High School (May 18, 2004)
B. Approve Amendment #1 to Work Authorization #1, CH2M Hill for $44,000
(Amendment #1 provides for the hardening of the Community/Fire Training
Room at Fire Station #2) (Proposed Resolution No. R04- ) (May 18 2004)
C. Additional Property Tax Assessment Exemption for Income Eligible Senior
Citizens per FSS 196.075 (May 18, 2004)
D. Proposed Ordinance No. 04-013 Re: Development of Regional
Impact Amendment (DRIA) approval amending the approved uses within the
project, establishing a use conversion matrix and changing the name of the DR1
project from Motorola to Renaissance Commons ('2'd READ.~AfG T,4BLED OAf
04/07/04 - ,4W,4.FI'.TAfG `4PPROV,4L FROM D.C.A. OAf COMP,4AfIOAf
ORDIAfAAfCE) (3une 2004)
E. Workshop regarding City Hall/Public Safety Space Needs Report (TBA)
F. Proposed Lease Agreement with Boynton Woman's Club (TBA)
XT. NEW BUSZNESS:
A. Discussion regarding Non Quasi-judicial Advisory Board Consolidation
X]:]:. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 04-005 Re: Amending Chapter 9,
"Fire Protection and Prevention," Article II, Creating a new subsection 9-
24, "Requirements for high-rise buildings and buildings with six or more
stories (RET,4BLED OAf 04/20/04)
2. Proposed Ordinance No. 04-029 Re: Amending Chapter
24, "Taxicabs," of the Code of Ordinances, Part II, and creating a revised
Chapter 24 entitled "Vehicles for Hire"
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
May 4, 2OO4
3. Proposed Ordinance No. 04-030 Re: Revisions to Chapter
10 "Garbage, Trash and Offensive Conditions" of the Code of Ordinances,
Part II
4,. Proposed Ordinance No. 04-031 Re: Revisions to
Ordinance No. 01-64. (Arts Commission)
B. Ordinances - 1~ Reading
1. Proposed Ordinance No. 04-032 Re: Proposed
amendments to Chapter 2, Zoning, Section 6.F. Mixed Use Zoning
Districts
2. Proposed Ordinance No. 04-033 Re: Amending
Chapter 2, Administration, Article WIT, Education Advisory Board,
Section 2-130, "Meetings" and amending Section 2-131
"Qualifications"
C. Resolutions:
None
D. Other:
None
XIII. UNFINISHED BUSINESS:
None
XIV. AD3OURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MA'I-FER CONSIDERED AT THIS
MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE,, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRLATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN3OY THE BENEF]TS OF A SERVICE, PROGRAM~ OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST 'I~/ENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CTFY TO REASONABLY ACCOMMODATE YOUR REQUEST.
bg FINAL AGENDA 4/30/2004 1:16 PM
S:\CC\WP~CCAGENDAV~GENDAS\YEAR 2004\050404 FINAL AGENDA.DOC
7
D*L-ANNOUNCEIVlENTS & PRESENTATIONS
CITY OF BOYNTON BEA£ Item C.l.a
AGENDA ITEM REQUEST Fl.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon)
[] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon)
[] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Un£mished Business
RECOMMENDATION: Present Proclamation
EXPLANATION: The National Day of Prayer Task Force exists to encourage and promote events related to the National Day of Prayer,
the first Thursday in May. Every effort is made to provide resources for individuals wishing to participate in or plan events on behalf of
their ministry. The NDP Task Force accomplishes this goal by recruiting state, regional and city Coordinators and other volunteers to plan
and facilitate local events; providing materials and ideas in support of the Coordinators and other interested citizens promoting the event;
coordinating a national media campaign leading up to the day; planning and leading events in Washington, D.C. on the first Thursday in
May; and carrying out other activities which focus the attention of every citizen on the need for intercessory prayer for our nation and its
leaders. The group's vision is to communicate with every family the need for personal repentance and prayer, and to mobilize families to
personal and corporate prayer, particularly on behalf of the nation and those in leadership on all levels of local, national, church and
educational areas of influence. This government-proclaimed day is offered to all Americans, regardless of religion, to celebrate their faith
through prayer. However, the efforts of the NDP Task Force are executed specifically in accordance with its Judeo-Christian beliefs.
PROGRAM IMPACT: Will focus community attention on the National Day of Prayer.
FISCAL IMPACT: None
ALTERNATIVES: Not present Proclamation
Departfi~nt He~'s Stgnature Signature
Public Affairs
Department Name City Attorney / Finance / Human Resources
S:~BULLETINLCORMS~GENDA ITEM REQUEST FORM.DOC
Prayer plays a vital role in the lives of individual Americans and in the life of the nation as a whole.
Throughout our history, in times of plenty, in days of scarcity, in periods of joy and in moments of sorrow,
many have tumed to prayer, reaching out to a higher being for courage, for guidance, to give thanks and to
seek solace.
The Continental Congress that declared our independence also proclaimed a National Day of
Prayer. president Lincoln sought to preserve our tom nation by declaring a day of prayer. In 1952, the
United States Congress passed a joint resolution establishing an annual National Day of Prayer to join us
together as a nation.
On May 6, millions of people will gather to participate in the 53,d annual National Day of Prayer.
This year's theme, Let Freedom Ring - "proclaim liberty throughout the land to all its inhabitants."
Americans across the nation are being asked to remember the strong values that helped to build our
foundation and to offer the "Prayer for the Nation" at noon, on May 6.
Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of
Boynton Beach, Flodda, hereby proclaim May 6, 2004 as:
A Day of Prayer
and urge all citizens on this national day of prayer to be thankful for the many blessings of this nation and
pray for unity of hearts and righteousness for this great City and for all of mankind.
In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton
Beach, Florida, to be affixed at Boynton Beach, Florida, the 4th day of May, two thousand and four.
Jerry Taylor, Mayor
City of Boynton Beach
An'EST:
City Clerk
(Corporate Seal)
S:\CC~WP~CCAGENDA~Proclamations\Year 2004~'~lational Day of Prayer Proclamation - 2004.doc
ZZZ,-ANNOUNCEHENTS & PRESENTATZONS
Item C.l.b
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 ('Noon)
[] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon)
[~!ii: M~iy 4; 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unf'mished Business
RECOMMENDATION: Present Proclamation
EXPLANATION: The Boynton Veterans Council has requested a Proclamation on the occasion of the dedication ora new
World War II Memorial at Intracoastal Park
PROGRAM IMPACT: This Proclamation will call the public's attention to the Memorial.
FISCAL IMPACT: None
ALTERNATIVES: Not present Proclamation
- O~' Depart~nefit Hd~'s Signature ' Ci-tyManager's Signature
Public Affairs
Department Name City Attorney I Finance / Human Resources
S:~ULLETIN~O~S~GENDA ITEM REQUEST FORM.DOC
So rigorous was the selection and training process for Submarine School during the course of World War II,
only 2,000 officers and 22,000 enlisted volunteers, highly qualified men, were graduated out of over 250,000 men
who had applied for entry into the Navy's Silent Service. Just as mysterious as their service were most of their
deaths. Most of the underseas sailors who never came back vanished completely and for the years since World War
II, the nation has known little of the sacrifice of these gallant submariners. In the annals of United States military
history, few were more courageous, none took more risk, none suffered a higher casualty rate and none had the
devastating effect on the enemy's morale as did the crews of these naval vessels.
In recognition, of vanished U.S. Navy submarines and their crews, the Boynton Veterans Council is installing
a monument at the City's Intracoastal Park. This monument will not only enhance and beautify the park, but it will
also bring attention to the sacrifice of the more than 3,600 submarine shipmates, on 52 U.S. submarines, from World
War II, who remain on etemal patrol. They are in the unending line of patriots who have defended our nation with
their lives so that we might live in a free country. At the same time, the Veterans Council will observe VE Day and
Loyalty Week.
Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton
Beach, Florida, hereby proclaim May 8, 2004 as:
World War II Submariners Remembrance Day
and urge all citizens to remember that our Freedom has not been established without an extremely high cost.
In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida,
to be affixed at Boynton Beach, Florida, the 4th day of May, Two Thousand Four.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
S:\CC~Wl:SCCAGENDA~Proclamations\Year 2004\World War II Submariners Remembrance Day Proclamation - 2004.doc
:~' ?~x~ x~~, x BOYNTON VETERANS COUNCIL
AMERICAN LEGION POSTS 164 & 288
DISABLED AMERICAN WAR VETERANS POST 152
VETERANS Or FOREIGN WARS POSTS 10IS0 & 533~
JEWISH WAR VETERANS POST 440
KOREAN WAR VETERANS CHAPTER 17
Rick Prince, Chairman Charles Strauss, secret
334 NW 7~ Court 5669 Caruso Court # 103
Boynton Beach, FL 33426 Boynton Beach, FL 33437
561-737-3876 561-374-9159
Marchl 3, 2004
Mayor Jerry Taylor
Kurt Bressner, City Manager
.~/Janet Prainito, City Clerk Marshall Gage, Police Chief
John. Wildner, Parks and Recreation
Lt. Richard Root, Police Honor Guard
All City Commissioners
Boynton Beach City Hall
100 E Boynton Beach Blvd.
Boynton Beach, FL 33435
The Boynton Veterans Council and the City of Boynton Beach
will be dedicating a new World War Two Memorial at the Intra-Coastal Park on
Sattll~say~g;~'200~:~2p~:'W~ ~l be commemorating VE Day and Loyalty week
that same day...All veterans groups will attend and present their colors and we are
Inviting all City Officials as well as the public to attend.
It will also be appreciated ifthe City would issue a
us what day this Proclamation will be read at the City Couneil, so we can have a
representative there to accept ii.
Mr. John Wildner will please supply a speaker system, seating for app. 100
plus a tent, which he usuaIly does so well
Thank You as usual for your eooperatiom
Charles Strauss, secretary
t*I?.-ANNOUNCEIHENTS & PRESENTATt*ONS
CITY OF BOYNTON BEACt Item C.l.c
AGENDA ITEM REQUEST
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon)
I I April 20, 2004 April 5, 2004 (Noon) I I June 15, 2004 May 31, 2004 (Noon)
[] May4,2004 April l9, 2004 (Noon) [] July6,2004 June l4, 2004 (Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfmished Business
RECOMMENDATION: Read Proclamation recognizing National Public Works Week- celebrated from May 16th,
thru May 22ad, 2004.
EXPLANATION: This year's theme, "24/7: Focused on Our Community", centers on the pervasiveness of public
works. Each one of our communities depends on the men and ~vomen who are always there and always ready.
National Public Works Week promotes a community's awareness that public works is vital to the growth and quality
of life in any community.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES:~~/~~N/A ~
~'2~ ae~nek~ H~ature City Manager's Signa~ture
Department Name City Attorney / Finance / Hmnan Resources
S:~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC
Whereas, public works services provided in our community ara an integral part of our citizens'
everyday lives; and
Whereas, the support of an understanding and informed citizenry is vital to the efficient operation
of public works systems and programs such as public buildings, streets, solid waste collection, forastry &
grounds, fleet maintenance; and
Whereas, the health, safety, and comfort of this community graatly depends on these facilities and
services; and
Whereas, the quality and effectiveness of these facilities, as well as their planning, design and
construction, is vitally dependent upon the efforts and skill of public works officials; and
Whereas, the efficiency of the qualified and dedicated personnel who staff public works
departments is materially influenced by the people's attitude and understanding of the importance of the
work they pedorm; and
Whereas, this year's theme "24/7:'Focused on Our Community", centers on the pervasiveness
of public works.
Now, therefore, I, Jerry Taylor, Mayor of the City of Boynton Beach, Florida, do heraby proclaim
the week of May 16 - 24, 2004 as
NATIONAL PUBLIC WORKS WEEK
in the City of Boynton Beach, and call upon all citizens and civic organizations to acquaint themselves with
the issues involved in providing our public works and to recognize the contributions which public works
officials make every day to our health, safety, comfort and quality of life.
In witness whereof, I have hereunto set my hand and caused the seal of the City of Beynton
Beach, Florida, to be affixed this 4a day of May, Two Thousand and Four.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
S:\CC~WRCCAGENDA~ProdamaIions\Year 2004~PROCLAMATION - Public Works Week - 2004,doc
IIt'.-ANNOUNCEMENTS & PRESENTATIONS
CITY OF BOYNTON BEA Item C.l.d
AGENDA ITEM REQUEST
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon)
[] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon)
[] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon)
[] May18,2004 May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business ::~ c:~
AGENDA ITEM [] City Manager's Report [] Presentation
-.
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: It is recommended that the City Commission issue a Proclamation designating May
as Law Enforcement Appreciation Month.
EXPLANATION: Each year during the month of May, police departments across the nation take time
to honor those who have made the ultimate sacrifice by laying down their lives for the benefit of the community that
they serve. The Boynton Beach Police Department conducts its annual Memorial Service and Awards Ceremony
during the month of May and the Proclamation from the Commission is read to our officers and guests during the
ceremony. On the federal level, the President of the United States issues a similar proclamation honoring all law
enforcement officers and designating May as Law Enforcement Appreciation Month.
PROGRAM IMPACT: Positive public relations and community awareness.
FISCAL IMPACT: None
ALTERNATIVES: None
~' Department Head's Signature City Manager's Signature
Marshall B. Gage, Chief of Police Kurt Bressner
Department Name City Attorney / Finance / Human Resources
S:~BULLETINWORMSX, AGENDA ITEM REQUEST FORM.DOC
The ideal society is composed of talented and dedicated individuals who are heroes in
occupations. A balance of commitment to both private and public interests is essential in
the ideal civic environment.
Much can be said about the contributions of most industries. However, we must pay a
:remendous debt of gratitude to the moro than 700,000 men and women who serve our
communities as law enforcement officers for the sacrifices they make so that we might enjoy safer
)laces to live and work.
Each and every day, the threat of personal injury is real for every public safety officer who
provide emergency assistance for life threatening situations. The officers responding
have few or no details of the. circumstances they aro soon to encounter.
Public expectations are groat. Officers are expected to bring order where thero'is chaos,
security where there is danger, and advice where thero is inquiry. All must be delivered in strict
compliance with Statute. It is nearly impossible to satisfy all these demands and remain the
recognized friend.
Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City
of Boynton Beach, Florida, hereby proclaim May 2004 as:
Law Enforcement Appreciation Month
and urge all citizens to reflect on the positive ways in which law enforcement makes a difference in
their lives and appropriately acknowledge that police do contribute to the security and freedom that
we enjoy in Amedca.
In witness whereof, I have hereunto set my hand and caused the Seal of the City of
Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 4th day of May, two thousand
and four.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
S:\CC\WP\CCAGENDA~n)damatk)ns\Year 2004~Law Enforcement Apprecial~ Monlh - 2004.doc
VL-CONSENT AGENDA
ITEM B.1.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOI v,
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon)
[] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon)
[] May4,2004 April 19,2004(Noon) [] July6,2004 June 14,2004(Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) -.~
[] Administrative [] Legal ~
NATURE OF [] Announcement [] New Business
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: A motion to award "ANNUAL BID FOR PVC SCHEDULE 40 & 80 IRRIGATION
SUPPLIES" BID # 045-1412-04/JA to various vendors, with.an estimate expenditure of $ 50,000.00.
CONTRACT PERIOD: JUNE 18, 2004 TO JUNE 17, 2005
EXPLANATION: The purpose of this bid is to establish firm prices for the purchase of various PVC piping (schedule
40 & 80) to be used in irrigation installation/repairs. On April 8, 2004 Procurement Services received and opened
four (4) proposals. The evaluating factors used in the determining the award was: price, availability and delivery time
and warehouse processing time. This is a "Multi-Award" and all recommended vendors are considered to be the
lowest, most responsible, responsive bidders that meets all specifications. Dominic DeMauro, Warehouse Manager,
concurs with these recommendations (see attached memo). The provisions of this bid award will allow for a one (1)
year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and
determination that the renewal is in the best interest of the City.
PROGRAM IMPACT: This bid will allow the Warehouse Division to order inventory for various PVC piping
(schedule 40 & 80) for various departments, to be used in irrigation installation/repairs. Items to be ordered on an
"AS NEEDED BASIS"
FISCAL IMPACT: BUDGET ACCOUNT#: ESTIMATED EXPENDITURE:
502-0000-141-0000 ~00
- D~put~birector ofFinancia~ Se~-vi-ces ~i~y Manager's Signature
Procurement Services
Department Name City Attorney / Finance / Human Resources
Cc: Dominic DeMauro - Warehouse Manager
File
S:~BULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC
The City of
Boynton Beach
WAREHOUSE DIVISION
TO: Bill Atkins, Deputy Director of Financial Services
FROM: Dominic DeMauro, Warehouse Manager ~~
DATE: April 14, 2004
SUBJECT: IRRIGATION SUPPLIES
I reviewed the tabulation sheet sent from your office. The evaluating factor
used was price, availability, delivery time and warehouse processing time.
My recommendation i.s a multi award to low vendors by group.
ADAPTERS
LEHMAN PIPE PLUMING 1,2,3,4,5,6,7,8,9
SLIP CAPS
LEHMAN PIPE PLUMING 10,11,12,13,14
TREADED CAPS
LEHMAN PIPE PLUMING 15,16,17
45 SLIP ELBOW
LEHMAN PIPE PLUMING 18,19,20,21,22
Clamps
SOUTHERN STAR FASTENERS 23,24,25
Page two
Couolings
LEHMAN PIPE PLUMING 26,27,28,29,31,32,33,34
NATIONAL WATERWORKS 30,35
ELL
LEHMAN PIPE PLUMING 36,37,38,39,40,41,42,44,45
NATIONAL WATERWORKS 43
NOZZLES RAINBIRD
SOUTHERN STAR FASTENERS 46,47,48,49,50,51,52
NOZZLES RAINBIRD 1800
SOUTHERN STAR FASTENERS 53,54,55,56,57
NOZZLES RAINBIRD VAIRABLE
SOUTHERN STAR FASTENERS 58,59,60,61
TORO HIT NOZZLES
SOUTHERN STAR FASTENERS 62,63,64,65,66,67,68,69,70,71,72,73
POLY NIPPLES
SOUTHERN STAR FASTENERS 74,75,76
POP UPS
SOUTHERN STAR FASTENERS 84
TWC DISTRIBUTORS 77,78,79,80,81,82,83,85,86
P.V.C.PIPE 20 FOOT SECTIONS
NATIONAL WATERWORKS 87,88,89,90,91,92,93,94
RISERS
SOUTHERN STAR FASTENERS 95,96
SLIP TEE & ACCESSORIES
NATIONAL WATERWORKS 97,103,108
LEHMAN PIPE PLUMING 98,99,100,101,102,104,105,106,107
Page ttu:ee
SPLICE KIT
SOUTHERN STAR FASTENERS 109,110
SWING PIPE ELL
SOUTHERN STAR FASTENERS 111,112,113,114,115
TELESCOPE
LEHMAN PIPE PLUMING 116,117,118,119,120,121
NATIONAL WATERWORKS 122,123
P.V.C GLUE
LEHMAN PIPE PLUMING 124,125,126,127
SAWS
SOUTHERN STAR FASTENERS 128,129
Saw Blades
NATIONAL WATERWORKS 130,131
Valves
SOUTHERN STAR FASTENERS 132,133,134
DIAPHRAGMS
SOUTHERN STAR FASTENERS 135,136,137,138,139,140,141,142
DIAPHRAGMS Kits
SOUTHERN STAR FASTENERS 143,144,145,146,147,148,149
Pressure Vacuum Breaker
NATIONAL WATERWORKS 150,151,152,153
Timers
SOUTHERN STAR FASTENERS 155,156,157,158,159,160,165
NO BID 154,161,162,163,164
Miscellaneous
LEHMAN PIPE PLUMING 166,171,173
NATIONAL WATERWORKS 168,169
SOUTHERN STAR FASTENERS 167,170,172
SCHEDULE 80
ADAPTERS
LEHMAN PIPE PLUMING
174,175,176,177,178,179,180,181,182,183,184,185,186,187
Page ft~ur
NATIONAL WATERWORKS 188,189
SLIP TEE
LEHMAN PIPE PLUMING 190,191,192,193,194,195,196,197
ELBOW 90
LEHMAN PIPE PLUMING 198,199,200,201,202,203,204,205,206
SLIP COUPLING
NATIONAL WATERWORKS 207,208,209,210,211,212,213,214
NIPPLES
SOUTHERN STAR FASTENERS 215,216,217,218
Slip Elbow 45
LEHMAN PIPE PLUMING 219,220,222,223,224,225
NATIONAL WATERWORKS 221,226,227,228
Bushing Slip X Slip
LEHMAN PIPE PLUMING 229,230,231,232,233,234,235
BBUSHING SLIP X THREAD
LEHMAN PIPE PLUMING 236,237,238,239,240,242
NATIONAL WATERWORKS 241
PIPE SCH 80
SOUTHERN STAR FASTENERS 243,244,245,246,247,248
SLIP CAPS
NATIONAL WATERWORKS 249,250,251,252
In addition to the over low prices. The following venders are offering a discount for items
not listed on this bid.
LEHMAN PIPE PLUMING 72%
National Waterworks 40% Sch 40
60% Sch 80
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VI.-CONSENT AGENDA
ITEM B.2.
CITY OF BOYNTON BEAC
AGENDA ITEM REQUEST FOI v,
R~uested City Commission Date Final Form Mint be Tuned Requested City Commission Da~ Final Form Must be Turned in
M~ting Da~ in ~o City Clerk's Office Meeting Da~ to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon)
[] April20,2004 AtnilS, 2004(Noon) [] Jun~lS, 2004 May 31, 2004 (Noon)
[] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 Jun~ 14, 2004 (Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon)
NATURE OF [] Announcement [] New Business ~ '<~.~
AGENDA ITEM [] City Manager's Report [] Presentation ::o r-'os
[] Consent Agenda [] Public Hearing ,,o ~--<
[] Code ompliaace/Le Setaements [] Vna- shod
RECOMMENDATION:
Motion to award Bid #042-2821-04/JA, "SITE IMPROVEMENTS FOR PUMP STATION 317',
to Chaz Equipment Company, Inc. (CEC) and to execute a contract by resolution in the amount
of $ 297,760.00. Also, approve an owner's contingency of 10% in the amount of $ 29,776.00 for a
total project budget appropriation of $ :}27,5:}6.00.
EXPLANATION:
Pump Station 317 is located on Boynton Beach Boulevard between Congress Avenue and
Winchester Park Road and bound on the north by a section of the Lake Worth Drainage District
(LWDD) L-24 Canal. A segment of the L-24 Canal was filled due to surrounding business
developments causing severely limited drainage conditions at Pump Station 317, the pump station
exists at a lower elevation level than the surrounding new construction. During heavy storms it is
not uncommon for the Pump Station to experience an accumulation of two to four feet of water in
the downstairs pump room. Some of the upstairs portion of the pump station also floods during
these storm events.
Near the pump station site, a 20-inch diameter force main carries waste water from the east along
Boynton Beach Boulevard, joins with a 16-inch diameter force main at the pump station's
southeast corner and continues to Manhole No. I (at the pump station) via a 24-inchdiameter
ductile iron force main. The 24-inch diameter force main has experienced severe corrosion and
has begun to collapse resulting in a depression above the pipe. The depression permits soil to
enter the force main and presents a safety issue at an unsecured area of the pump station.
S:~WtYLLETIN~O~GE~A ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT:
A bid was issued under the direction of the Utilities Department to alleviate the drainage and
flooding conditions at Pump Station 317 by grading the LWDD easement to an elevation of +11.5
feet, installing catch basins, installing a conveyance system, and making a connection between
piping at the LWDD L-24 Canal. In addition, the existing 16-inch sanitary force main will be
replaced, a new lined terminal manhole will replace the deteriorated terminal, and the Sanitary
Sewer Manhole No. I will be rehabilitated.
Bids were received and opened by Procurement Services on April 1, 2004. Together with CH2M
Hill, Inc., our design professional, Utilities recommends award to Chaz Equipment Company, Inc.
of Wellington, Florida (see Attachments I & 2). Chaz Equipment Company, Inc. is the lowest,
most responsive, responsible bidder who meets all specifications and whose bid represents the
most advantageous bid to the City, price and other factors considered. Chaz Equipment
Company, Inc. has successfully completed construction projects for the City in the past.
FISCAL IMPACT:
Funds are available in the following accounts for the contract amount of $ 297,760.00 and a 10%
contingency of $ 29,776.00 for a total budget appropriation of $ 327,536.00.
Account g401-5000-590-96.04 SWR097 - Force Main
Account #401-5000-590-96.09 STM026 - Drainage
ALTERNATIVES:
Due to the environmental and safety issues caused by the deteriorating 24-inch diameter force
main and the severe flooding and drainage problems that exist at Pump Station 317, there are no
alternatives. ~
~ Dale Su~rman~,n/~; z/' 16'0~ - - - Kurt Br~ssner,
~ Assistant Cify Manager City Manager
Utilities Department City Attorney / Finance / Human Resources
bc: Dale Sugerman, Assistant City Manager
cc: Paul Fleming, Sr. Project Manager
Procurement Services
Utilities File/WRLT
S:~BULLETIN~ORMS~kGENDA ITEM REQUEST FORM.DOC
ATTACHMENT #1
BID #042-2821-04/JA
COMMISSION AGENDA Utilities Department
MAY 4, 2004 City of Boynton Beach
Project Management Team
Interoffice Correspondence
TO: Bill Atkins DATE: Apdl 16, 2004
Deputy Director of Finance
FROM: Paul Fleming, ~ PHONE ' 6487
Senior Project Manager
PROJECT: Site Improvements to Pump Station 317
Bid #042-2821-04/JA
SUBJECT: Recommendation of Contract Award
bcc: File 2.2
B. Conboy
Rick Olson, CH2M Hill
This office has reviewed the bid tabulation sheet and related information for this project/bid and hereby
recommends contract award in accordance with the following data:
Project Name: Site Improvements to Pump Station 317, Bid ~042-2821-04/JA
Recommended Contractor: Chaz Equipment Company, Inc. is the lowest, most responsive,
responsible bidder whose bid represents the most advantageous bid to the City, price and other factors
considered.
Award Amount: Contract award amount is $ 297,760.00. A contingency of 10% of the award amount,
$ 29,776.00, brings the total budget appropriation to $ 327,536.00.
Account Number: ~,01-5000-590-96.04 SWR097
~401-5000-590-96.09 STM026
Verification of Contractor Responsibility: The Utilities Department and CH2M Hill, our design
professional, verified references and similar project experience. Chaz Equipment Company, Inc.
received favorable references and has successfully completed projects for the City in the past.
We concur with CH2M Hill to award to Chaz Equipment Company, Inc.
Compliance with the Plans and Specifications: Chaz Equipment Company, Inc. stated no
exceptions and meets all required specifications.
Utilities Department
City of Boynton Beach
Project Management Team
Interoffice Correspondence
Client Office Concurrence: Bid results were discussed with Utilities staff members and they have
indicated their concurrence with the award recommendation.
After you have signed the A,qenda Item Request Form along with Finance, please provide the City
Clerk's Office with the required additional copy of these documents. If you have any questions, please
contact me at 6487.
Attachments: Agenda Item Cover Sheet/Checklist
Agenda Item Request
Letter of Recommendation from CH2M Hill
Procurement Tabulation Sheet (signed by Paul Fleming)
2 RESOLUTION NO. R04-
4 A RESOLUTION OF THE CITY OF B OYNTON
5 BEACH, FLORIDA, APPROVING THE AWARD OF
6 BID /ff)42~2821-04/JA TO CHAZ EQUIPMENT
7 COMPANY, INC., FOR SITE IMPROVEMENTS
8 FOR PUMP STATION #317, IN THE AMOUNT OF
9 $297,760.00; AUTHORIZING THE CITY MANAGER
l0 TO EXECUTE CONTRACT DOCUMENTS; AND
11 PROVIDING AN EFFECTIVE DATE.
12
~3 WHEREAS, bids for site improvements for pump station #317 were received
14 and opened by Procurement Services 6n March 25, 2004, and together with CH2M
15 Hill, Inc., our design professional, staff is recommending the award to Chaz
~6 Equipment Company, Inc., as the lowest, most responsive, responsible bidder who
17 meets all specifications;
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY
~9 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
20 Section 1. The City Commission of the City of Boynton Beach, Florida,
2~ hereby approves the award of Bid g042-2821-04/JA to Chaz Equipment Company,
22 Inc., for site improvements for pump station #317, and does hereby authorize the City
23 Manager to execute a contract in the amount of $297,760.00, a copy of which
24 Contract is attached hereto and made a part hereof.
25 Section 2. That this Resolution shall become effective immediately.
26
PASSED AND ADOPTED this __ day of May, 2004.
2
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6 Mayor
7
8
9 Vice Mayor
11
12 Commissioner
15 Commissioner
18 Commissioner
19 ATTEST:
20
22 City Clerk
23
24 (Corporate Seal)
25
26
27
28
BID TITI,E: SITE IMPROVEMENTS FOR Pl IMP STATION q 17
BID NUMBER: 042-2821-04/JA
PROJECT NUMBER: SWR097 & STM026
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 4th day of MAY, 2004, by and between the CITY
OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY"
or "OWNER" and CHAZ EQUIPMENT COMPANY. 1NC.
a Florida Corporation ( X ) Check One
a Florida General Partnership ( )
a Florida Limited Partnership ( )
a Sole Proprietor ( )
hereinafter called "CONTRACTOR".
WITNESSETH
WHEREAS, The City has heretofore invited bids for a City construction project ("Project")
identified by the bid title, bid number and project number listed above and commonly referred to as:
SITE IMPROVEMENTS FOR PUMP STATION 317
WHEREAS, Contractor, in compliance with the bidding requirements announced by the
City, submitted a bid on the 1.qt day of APRIl,, 2004, for the total bid amount of $29_7.,26fl~; and,
WHEREAS, On the 4th day of MAV, 2004, the City Commission designated contractor as
having submitted the bid that was most advantageous to the City and authorized the execution of
this Agreement; and,
WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial
Completion without interruption within 90 calendar days as specified in the Notice to Proceed,
subject to CITY approved time extensions.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
C-I
Utilities Department Rev. 12/30/03
1. AGREEMENT
1.1. The Parties agree that:
1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated
herein by this reference.
1.1.2. The CITY does hire and employ the CONTRACTOR to provide
construction services for completion of the Project.
1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish
the necessary labor, tools, equipment, materials and supplies, etc., and to
complete the Project by performing all the work as set forth in the this
Contract and the Contract Documents for the price and amounts set forth
in Contractor's bid.
1.1.4. Contractor is an independent contractor as that term is set forth in the
General Conditions for Construction GC-2, INDEPENDENT
CONTRACTOR.
1.1.5. Unless otherwise provided, all time frames referenced in all Contract
Documents shall be calendar days.
2. SCOPE OF SERVICES
2.1. The Project consists of those improvements described and set forth in the Contract
Documents.
2.2. The "Contract Documents" are the compilation of the following individual
documents:
2.2.1. Advertisement for Bids
2.2.2. Instructions for Bidders
2.2.3. Bid Proposal
2.2.4. Bid Bond
2.2.5. General Conditions for Construction (GC) - all references to "GC" shall
be to section numbers
2.2.6. Construction Contract
2.2.7. Certificate of Insurance
2.2.8. Public Construction Bond
2.2.9. Technical Specifications
2.2.10. Contract Drawings and Plans
2.2.11. Addenda
2.2.12. Written directives or interpretations
2.2.13. Manufacturers warranties
C-2
Utilities Department Rev. 12/30/03
3. OBLIGATIONS OF CONTRACTOR
3.1. Contractor shall:
3.1.1. Furnish all materials, supplies, machines, equipment, tools,
superintendents, labor, insurance, and other accessories and services
necessary to complete said project in accordance with the conditions and
prices as stated in the Contract Documents.
3.1.2. Perform all the work and labor pursuant to this contract and all of the
materials furnished shall be in strict conformity with the Contract
Documents. CONTRACTOR further accepts and consents to the
conditions contained in said Contract Documents and expressly agrees to
comply with every requirement and stipulation therein contained.
3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work
above mentioned in a first-class, substantial and workmanlike manner, and
in conformity with the detail for said work on file in the office of the
Project Manager and strictly in accordance with the Contract Documents.
3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with
a copy of his Public Construction Bond within five (5) days of
subcontractors' work or material supplying and shall maintain records to
establish that notice. A copy of said notice shall be provided to the City's
Project Manager at time of issuance.
3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth
in the General Conditions for Construction GC-24, WARRANTY.
Warranty period shall commence with date of final acceptance as set forth
in the Technical Specifications for Construction 01700, EXECUTION
3.1.6. REQUIREMENTS.Comply with the provisions of Section 255.05, Florida
Statutes, if applicable.
3.1.8. Pay promptly, before final settlement, any and all claims or liens by
subcontractors or material suppliers, incurred in and about this work.
3.1.9. Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipment from streets, alleys, parkways and adjacent
property that may have been used or worked on by the CONTRACTOR in
connection with the project promptly as such section or portion is
completed and ready for use, leaving the same in a neat and presentable
condition.
C-3
Utilities Department Rev. 12/30/03
3.1.10. Observe and comply with the provisions of the charter, ordinances, codes
and regulations of the City of Boynton Beach, Florida.
3.1.11. Obtain written approval from the CITY of all subcontractors not disclosed
in the Contractor's bid document.
3.1.12. Perform such other tasks as set forth in the Contract Documents.
3.1.13. Shall provide all required bonds, insurance certificates and any other
required security for performance of the Project within ten (10) of the
Award of the Project.
3.2. The CONTRACTOR will be held responsible for the care, protection and
condition of all ~vork until final completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from any
cause resulting from their acts or omissions, or the acts or omissions of their
subcontractors or suppliers.
4. CITY'S OBLIGATIONS
4.1. City shall provide a vvxitten Notice to Proceed at the time of the scheduled Pre-
Construction Meeting.
4.2. Make timely payments for the work in accordance with the procedures and time
frames set forth in the Contract Documents.
4.3. On satisfactory completion of the Project, provide a written final acceptance and
payment for the entire project.
5. COMMENCEMENT OF WORK
5.1. CONTRACTOR hereby agrees to commence work under this contract within (10)
calendar days of the Commencement Date specified in the written "Notice to
Proceed," and to achieve Substantial Completion without interruption within 90
calendar days thereafter.
5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to
timely commence the work following Notice to Proceed or fail in the performance
of the work specified and required to be performed within the time limit set forth
in the contract, after due allowance for any extension or extensions of time made
in accordance with the Contract Documents,
C-4
Utilities Department Rev. 12/30/03
the CONTRACTOR shall be liable to the CITY, as liquidated damages, the
amount stipulated in Section 6.0 hereinbelow for each and every calendar day that
the CONTRACTOR shall be in default of achieving certification of Substantial
Completion.
5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the
names and addresses of each subcontractor proposed for principal parts of work,
and any changes in subcontractors from those proposed in CONTRACTOR's bid
proposal, and for such others as the Project Engineer may direct, and shall not
employ any that CITY may, within a reasonable time, object to as incompetent or
as unfit.
6. LIQUIDATED DAMAGES
6.1. The CONTRACTOR further agrees to pay $ 1,000.00 per day as liquidated
damages, for failure to begin within ten (10) days of CITY's issuance of the
"Notice to Proceed" or failure to achieve Substantial Completion within 90
calendar days from the Commencement Date as indicated in the written "Notice to
Proceed". The CITY shall have the right to deduct said liquidated damages from
any amount due, or that may become due the CONTRACTOR, or to collect such
liquidated damages from the CONTRACTOR or his Surety.
6.2. Punch list items recorded as a result of inspections for Substantial Completion are
to be corrected by the CONTRACTOR within thirty (30) calendar days and prior
to any request for Final Inspection, Testing and Acceptance as stated in the
General Conditions for Construction (GC-50). If the Substantial Completion
punch list items have not been corrected by the CONTRACTOR within the thirty
(30) calendar day period, at the discretion of the Project Manager, Liquidated
Damages may be applied as described in Section 6 above.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the CITY
as more particularly set forth in the Technical Specifications for Construction,
01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE
PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR
WATER TREATMENT PLANT PROJECTS.
8. INDEMNIFICATION
8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, servants, and employees from and against any claim, demand, or cause of
action of whatsoever kind or nature arising out of error, omission or negligent act
of CONTRACTOR, its agents, servants, or employees in the performance of
services under this Agreement.
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Utilities Department Rev. 12/30/03
8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and paralegal expenses at
both the trial and appellate levels) of whatsoever kind or nature for damages to
persons or property caused in whole or in part by any act, omission, or default of
the CITY, its agents, servants or employees arising from this contract or its
performance. The CONTRACTOR and the CITY hereby agree and covenant that
the CONTRACTOR has incorporated in this original bid, which constitutes the
Contract sum payable by the CITY to the CONTRACTOR, specific additional
consideration in the amount of ten dollars ($10.00) sufficient to support this
obligation of indemnification provided for in this paragraph. The indemnification
required pursuant to the Contract shall in no event be less than $1 million per
occurrence or no more than the limits of insurance required of the
CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable and said
provision shall be in compliance with Section 725.06, Florida Statute.
8.3. The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as well
as the insurance provisions which are set forth in the General Conditions for
Construction. However, the indemnification provision, and the insurance
provision contained in the General Conditions for Construction are not
interdependent of each other, but rather each one is separate and distinct from the
other.
8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to
any offset, limitation or defense as a result of any insurance proceeds available to
either the CITY or the CONTRACTOR.
9. PAYMENT BY CITY
9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions as provided in the Contract
Documents.
10. CHANGES IN TItE WORK
10.1. The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the work, the Contract sum being
adjusted accordingly. All such work shall be executed under the conditions of the
original Contract. Any claim for extension of time caused thereby shall be made
in writing at the time such change is ordered. Changes in the work must be
processed as set forth in the General Conditions for Construction GC-46, FIELD
CHANGE DIRECTIVES/CHANGE ORDERS.
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Utilities Department Rev. 12/30/03
10.2. All change orders and adjustments shall be in writing and approved by the Project
Manager, otherwise, no claim for extras will be allowed.
10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be
submitted for the current contract payment for the month in which the work was
done. No claim for extra work shall be allowed unless same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
11. PROJECT ENGINEER
11.1. The Project Engineer ("Engineer") is Rick OI.qon.. P.E... CH2M Hill. Inc.
11.2. The Project Engineer shall have general supervision and direction of the work.
The Project Engineer is the agent of the CITY only to the extent provided in the
Contract Documents and when in special instances he has the authority by CITY
to act, and in such instances he shall, upon request, show CONTRACTOR such
authority in writing. He has authority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the Contract.
11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of
the contract and the judge of its performance, he shall side neither with CITY nor
with CONTRACTOR, but shall use his authority pursuant to the Contract to
enforce its faithful performance by both parties.
11.4. In the event of a dispute, the role of the Project Engineer is to make
recommendations to the Project Manager who shall make the final decision.
12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction GC-27, INSURANCE.
13. CONTRACT CONTROLS
13.1. This Contract must be construed with all other Contract Documents, a master set
of which shall be maintained by the City Clerk of the CITY. In the event of a
dispute, only the master set of documents, or copies thereof certified by the City
Clerk, shall be used as evidence.
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Utilities Department Rev. 12/30/03
13.2. In the event of a conflict between the requirements or specifications set forth in
the Contract Documents, the conflict shall be resolved by written interpretation by
the CITY, or its representatives as set forth in the General Conditions for
Construction GC-17, CONTRACT INTERPRETATION. In reconciling
conflicting provisions of the Contract Documents, the Contract shall have the
greatest weight, followed by the General Conditions for Construction and finally
by the balance of the Contract Document
14. TIME OF ESSENCE
14.1. Inasmuch as the provisions of the Contract Documents relating to the times of
performance and completion of the work are for the purpose of enabling the CITY
to complete the construction of a public improvement in accordance with a
predetermined program, all such time limits are of the essence of the Contract.
15. REMEDY FOR DELAY
15.1. In the event of any delay in the project caused by any act or omission of the CITY,
its agents or employees, by the act or omission of any other party other than the
CONTRACTOR, his agents, employees or subcontractors, or delay caused by
weather conditions or unavailability of materials, the sole remedy available to
CONTRACTOR shall be by extension of the time allocated to complete the
project.
15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIATION WITH ANY DELAY 1N THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION.
CONTRACTOR hereby acknowledges that he has read and understands the above
provision.
INITIALS
15.3. Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.4. All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction GC-23, EXTENSION
OF TIME/NO DAMAGES FOR DELAY.
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15.5. For the purpose of this section, the phrase "the CITY, its agents and employees"
shall include but shall not be limited to the Project Engineer and Project Manager.
16. DISPUTES
16.1. Disputes shall be resolved as set forth in the General Conditions for Construction
GC- 18, DISPUTES.
16.2 Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
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IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City
Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA
in the presence of:
City Manager
Attest: Approved as to Form:
City Clerk City Attorney
Signed, sealed and witnessed CHAZ EQUIPMENT COMPANY, INC.
in the presence off
President or Vice President
Attest as to CONTRACTOR
State of Florida )
) SS:
County of Palm Beach )
On this __ day of ., 20 , personally appeared before me, duly authorized
to administer oaths, known to be the
persons described herein or who has produced as
identification and who executed the foregoing instrument and has acknowledged before me that
they have executed same.
Notary Public
My Commission Expires:
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Utilities Department Rev. 12/30/03
ATTACHEMENT #2
BID #042-2821-04/JA
COMMISSION AGENDA Hillsboro Executive Center North
MAY 4, 2004 800 Fairway Drive
Suite 350
Deerfield Beach, FL 33441-1831
CH2MHILL Tel. 954.426.4008
Fax 954.698.6010
April 7, 2004
181970.27.BP
Mr. Paul M. Fleming
Senior Project Manger
124 East Woolbright Road
Boynton Beach, FL 33425-0310
Subject: Recommendation of Award for the Site Improvements for Pump Station 317
Dear Mr. Fleming:
We have reviewed the bids received in response to the Instruction to Bidders for the
Recommendation of Award for the Site Improvements for Pump Station 317 Bid Number
042-2821-04/JA.
Specification packages were obtained by the following firms:
1. Chaz Equipment Company, Inc.
2. U.S. Environmental Systems, Inc.
3. Trio Development Corp.
4. Reed Construction Data
5. H.A. Contracting Corp.
6. B&B Underground Contractors, Inc.
The Bids are summarized in the Bid Table and the apparent low bidder was Chaz
Equipment Company, Inc. with a total base bid of $297,760.
TABLE 1
Submitted Required
Bidder Bid Rank Bid Price Documentation
Chaz Equipment Company Inc. 1 $297,760 See Attachment 1
U.S. Environmental Systems, Inc. 2 $387,452 See Attachment 1
Note:
Engineer's cost estimate - $212,331
Per article 24.4 of the Instructions to Bidders, "The City reserves the right to award the
Contract for the work described by these specifications in a manner or method which will
produce the most effective cost benefit to the City. The low monetary bid will NOT in all
cases be awarded the Contract. The Contract will be awarded by the City to the most
responsive, responsible Bidder whose bid represents the most advantageous bid to the City,
price and other factors considered."
The following major items were required to be included with each Bid in accordance with
the Instructions to Bidders:
Mr. Paul M. Fleming
Page 2
April 7, 2004
181970.27.BP
· Acknowledgment of Addendum # 1
· Acknowledgment of Addendum # 2
· Total Evaluated Bid Items 1-23
· Bid Bond
· Statement of Bidder's Qualifications
· Bidder's Site Inspection Confirmation
· Noncollusion Affidavit of Prime Bidder
· Anti-Kickback Affidavit
· Confirmation of Minority Owned Business
· Confirmation of Drug-Free Workplace
· Trench Safety Act Affidavit
· Safety Program Compliance
· Schedule of Subcontractors
· Original and three (3) copies of bid
· Computer Generated Horizontal Bar Chart
· Evidence of possession of required licenses and/or building permits
The Proposer Sign-in Sheet and a summary of the submittal of major items outlined above
by each contractor is presented in Attachment 1.
Based on our review, we find that Chaz Equipment Company, Inc. submitted all of the
items required by the Instruction to Bidders. Although their bid was above the Engineer's
Estimate of Probable Construction Cost, it is our understanding that the City will accept this
bid as reasonable to conduct the proposed work.
Therefore, we recommend that the City of Boynton Beach award this contract to Chaz
Equipment Company, Inc. for $297,760.00. The contractor has appropriate experience in this
type of work and has received positive recommendations based on previous work.
Please contact me if you have any questions or if you require any additional information.
Sincerely,
CH2M HILL
Rick Olson P.E.
Project Manager
DFB310036961785.doc/040980021
Attachment 1 _
Enqineering Bid Form
To: Procurement Services Date: 04/08/2004
Project/Improvement: Site Improvements for Pump Station 317
Tabulation
Contractors Bids Low Bid
*N U.S. Environmental Systems, Inc. $387,452.10
*N Chaz Equipment Company, Inc. $297,760.00 $297,760.00
$297,760.00
TOTAL $297,760.00
Engineer's Pre- Bid Estimate/Date: $212,331.00 04/01/04
Recommended Action: Recommended Award to Iow bidder (Chaz Equipment Company, Inc.)
Remarks:
*Minority Business Form
MBE = Minority Business Enterprise
WBE = Woman Business Enterprise Department Head
N = Neither MBE or WBE
NONE = No Form Turned In BID DATE: 04/01/2004
DFB31003696463.xls/040980023
' VI.-CONSENT AGENDA
CITY OF BOYNTON BEACI ITEM B.3.
AGENDA ITEM REQUEST FO._._
Requested City Commission Date Final Form Must be Turned Requested CiW Commission Date Final Form Must be Turned in ·
Meeling Da~ in to City Clerk's Office Meeting Dat~ to City Clerk's Office
[] Atni16, 2004 March 15,2004(Noon.) [] June 1,2004 May 17,2004(Nooo)
[] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon)
[] May 4,2004 April 19,2004(Norm) [] July6,2004 June 14,2004(Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon)
[] Administrative [] Legal *'- ~-<
NATURE OF [] Announcement [] New Business
AGENDA ITeM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing ~.- ca--~
[] Code compliance/Legal Settlements [] Unfinished Busilless
--
RECOMMENDATION:
Motion to award Bid #038-2821-04/CJD, "N.E. 17TM AVENUE AREA STORMWATER
IMPROVEMENTS AND WATER MAIN REPLACEMENT" to Mora Engineering Contractors,
Inc., and to execute a contract by resolution in the amount of $1,711,917.00. Also, approve an
owner's contingency of 10% in the amount of $ 171,191.70 for a total project budget
appropriation of $1,883,108.70.
EXPLANATION:
The project area (Exhibit 'A') has been plagued by stormwater and water main problems for
many years resulting in numerous customer complaints regarding flooding and property damage.
On June 18, the City Commission approved a task order for CH2M Hill to provide professional
engineering services necessary to develop stormwater and water main improvements for this 42-
acre project area. The area is bounded by N.E. 19t~ Avenue on the north, N.E. 2~ Lane to the
east, N.E. 16t~ Court to the south, and Seacrest Boulevard to the west. The task order included
surveying and geotechnical data collection, runoff modeling, design, permitting, bidding and
construction phase services.
PROGRAM IMPACT:
Improvements will include the replacement of 8,000 linear feet of ductile iron water main pipe,
water service connections, exrlltration trenches, swale restoration, drainage inlets and site
improvements. The residents will receive an increase in water quality and flow rate, code
compliant fire protection in addition to alleviation of potential property damage from flooding
during rain events.
$:~BULLETII~-~RMS~,C}ENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Six (6) bids were received and opened by Procurement Services on March 25, 2004. Copies of the
bid proposals were submitted to Utilities and CH2M Hill, our design professional for review and
evaluation. Mora Engineering Contractors, Inc. has appropriate experience in this type of work
and received positive recommendations based on previous work with the City
We concur with CH2M Hill (see Attachments #1 & #2) and recommend awarding this contract to
Mora Engineering Contractors, Inc., the lowest, most responsive, responsible bidder who meets all
specifications.
FISCAL IMPACT: ~T~ ~
40t 401
Funds are available in Utilities Account ~07-5000-590-96.07 STM019 and Account ~40~%5000-
590-96.02 WTR 111 for the contract amount of $ 1,711,917.00 and a 10% contingency of $
171,191.70 for a total budget appropriation of $1,853,108.70.
ALTERNATIVES:
There is no alternative due to the nature of the re-current flooding, water quality and flow
complaints from the.project area residents.
0~ Dale Sug~nnan, ~t~t~ '~' Kurt Bressner,
Assistant City Manager City Manager
Utilities Department ~Ol/~///~
Department Name ~ City AttOrney / Finance / Human Resources
Attachments
bc: Dale Sugerman, Assistant City Manager
Paul Fleming, Sr. Project Manager
Water Resources Leadership Team
Procurement Services
Utilities File
S:~BULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC
1
2 RESOLUTION NO. R04-
4 A RESOLUTION OF THE CITY OF BOYNTON
5 BEACH, FLORIDA, APPROVING THE AWARD OF
6 BID #038-2821-04/CJD TO MORA ENGINERING
7 CONTRACTORS, INC., FOR N.E. 17TM AVENUE
8 AREA STORMWATER IMPROVEMENTS AND
9 WATER MAIN REPLACEMENT, IN THE AMOUNT
10 OF $1,711,917.00; AUTHORIZING THE CITY
11 MANAGER TO EXECUTE CONTRACT
12 DOCUMENTS; AND PROVIDING AN EFFECTIVE
13 DATE.
14
15 WHEREAS, on June 18, 2004, the City Commission approved a task order
16 for CH2M Hill to provide professional engineering services necessary to develop
17 Stormwater and water main improvements for this 42-acre project area; which
18 included surveying and Geotechnical data collection, runoff modeling, design,
19 permitting, bidding and construction phase services; and
20 WHEREAS, bids were received and opened by Procurement Services on
21 March 25, 2004, and together with CH2M Hill, Inc., our design professional, staff is
22 recommending award to Mora Engineering, as the lowest, most responsive,
23 responsible bidder who meets all specifications; and
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY
25 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The City Commission of the City of Boynton Beach, Florida,
27 hereby approves the award of Bid g038-2821-04/CJD to Mora Engineering
28 Contractors, Inc., for N.E. 17t~ Avenue Area Stormwater Improvements and Water
29 Main Replacement, and does hereby authorize the City Manager to execute a contract
30 in the amount of $1,711,917.00, a copy of said Contract is attached hereto.
Section 2. That this Resolution shall become effective immediately.
2 PASSED AND ADOPTED this __ day of May, 2004.
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7 Mayor
8
9
10 Vice Mayor
12
13 Commissioner
15
16 Commissioner
17
19 Commissioner
20 ATTEST:
21
22
23 City Clerk
24
25 (Corporate Seal)
26
27
28
29
BID TITLE: N,E. 17~rn AVENIIE AREA STORMWATER IMPROVEMENTS
AND WATER MAIN REPI,ACEMENT
BID NUMBER: 038-2821-04/C.1D
PROJECT NUMBER: STM019/WTR111
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 4th day of~ by and between the CITY
OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY"
or "OWNER" and MORA ENGINEERING CONTRACTORS.. INC._.
a Florida Corporation (_X__) Check One
a Florida General Partnership ( )
a Florida Limited Partnership ( )
a Sole Proprietor ( )
hereinafter called "CONTRACTOR".
WITNESSETH
WHEREAS, The City has heretofore invited bids for a City construction project ("Project")
identified by the bid title, bid number and project number listed above and commonly referred to as:
N.E. 17TM AVENUE AREA STORMWATER IMPROVEMENTS
AND WATER MAIN REPLACEMENT
WHEREAS, Contractor, in compliance with the bidding requirements announced by the
City, submitted a bid on the 25.th day of Mar~.h,_2fl~L4, for the total bid amount of $!,?11,917.00;
and,
WHEREAS, On the 4th day of ~, the City Commission designated contractor as
having submitted the bid that was most advantageous to the City and authorized the execution of
this Agreement; and,
WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial
Completion without interruption within 270 calendar days as specified in the Notice to Proceed,
subject to CITY approved time extensions.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
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Utilities Department Rev. 12/30/03
1. AGREEMENT
1.1. The Parties agree that:
1.1.1. The foregoing "Whereas" clauses are tree and correct and incorporated
herein by this reference.
1.1.2. The CITY does hire and employ the CONTRACTOR to provide
construction services for completion of the Project.
1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish
the necessary labor, tools, equipment, materials and supplies, etc., and to
complete the Project by performing all the work as set forth in the this
Contract and the Contract Documents for the price and amounts set forth'
in Contractor's bid.
1.1.4. Contractor is an independent contractor as that term is set forth in the
General Conditions for Construction GC-2, INDEPENDENT
CONTRACTOR.
1.1.5. Unless other~vise provided, all time frames referenced in all Contract
Documents shall be calendar days.
2. SCOPE OF SERVICES
2.1. The Project consists of those improvements described and Set forth in the Contract
Documents.
2.2. The "Contract Documents" are the compilation of the following individual
documents:
2.2.1. Advertisement for Bids
2.2.2. Instructions for Bidders
2.2.3. Bid Proposal
2.2.4. Bid Bond
2.2.5. General Conditions for Construction (GC) - all references to "GC" shall
be to section numbers
2.2.6. Construction Contract
2.2.7. Certificate of Insurance
2.2.8. Public Construction Bond
2.2.9. Technical Specifications
2.2.10.Contract Drawings and Plans
2.2.11.Addenda
2.2.12.Written directives or interpretations
2.2.13.Manufacturers warranties
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Utilities Department Rev. 12/30/03
3. OBLIGATIONS OF CONTRACTOR
3.1. Contractor shall:
3.1.1. Furnish all materials, supplies, machines, equipment, tools,
superintendents, labor, insurance, and other accessories and services
necessary to complete said project in accordance with the conditions and
prices as stated in the Contract Documents.
3.1.2. Perform all the work and labor pursuant to this contract and all of the
materials furnished shall be in strict conformity with the Contract
Documents. CONTRACTOR further accepts and consents to the
conditions contained in said Contract Documents and expressly agrees to
comply with every requirement and stipulation therein contained.
3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work
above mentioned in a first-class, substantial and workmanlike manner, and
in conformity with the detail for said work on file in the office of the
Project Manager and strictly in accordance with the Contract Documents.
3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with
a copy of his Public Construction Bond within five (5) days of
subcontractors' work or material supplying and shall maintain records to
establish that notice. A copy of said notice shall be provided to the City's
Project Manager at time of issuance.
3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth
in the General Conditions for Construction GC-24, WARRANTY.
Warranty period shall commence with date of final acceptance as set forth
in the Technical Specifications for Construction 01700, EXECUTION
REQUIREMENTS.Comply with the provisions of Section 255.05, Florida
Statutes, if applicable.
3.1.7. Pay promptly, before final settlement, any and all claims or liens by
subcontractors or material suppliers, incurred in and about this work.
3.1.8. Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipment from streets, alleys, parkways and adjacent
property that may have been used or worked on by the CONTRACTOR in
connection with the project promptly as such section or portion is
completed and ready for use, leaving the same in a neat and presentable
condition.
3.1.9. Observe and comply with the provisions of the charter, ordinances, codes
and regulations of the City of Boynton Beach, Florida.
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Utilities Department Rev. 12/30/03
3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed
in the Contractor's bid document.
3.1.11. Perform such other tasks as set forth in the Contract Documents.
3.1.12. Shall provide all required bonds, insurance certificates and any other
required security for performance of the Project within ten (10) of the
Award of the Project.
3.2. The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from any
cause resulting from their acts or omissions, or the acts or omissions of their
subcontractors or suppliers.
4. CITY'S OBLIGATIONS
4.1. City shall provide a written Notice to Proceed at the time of the scheduled Pre-
Construction Meeting.
4.2. Make timely payments for the work in accordance with the procedures and time
frames set forth in the Contract Documents.
4.3. On satisfactory completion of the Project, provide a written final acceptance and
payment for the entire project.
5. COMMENCEMENT OF WORK
5.1. CONTRACTOR hereby agrees to commence work under this contract within (10)
calendar days of the Commencement Date specified in the written "Notice to
Proceed," and to achieve Substantial Completion without interruption within 270
calendar days thereafter.
5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to
timely commence the work following Notice to Proceed or fail in the performance
of the work specified and required to be performed within the time limit set forth
in the contract, after due allowance for any extension or extensions of time made
in accordance with the Contract Documents, the CONTRACTOR shall be liable
to the CITY, as liquidated damages, the amount stipulated in Section 6.0
hereinbelow for each and every calendar day that the CONTRACTOR shall be in
default of achieving certification of Substantial Completion.
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Utilities Department Rev. 12/30/03
5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the
names and addresses of each subcontractor proposed for principal parts of work,
and any changes in subcontractors from those proposed in CONTRACTOR's bid
proposal, and for such others as the Project Engineer may direct, and shall not
employ any that CITY may, within a reasonable time, object to as incompetent or
as unfit.
6. LIQUIDATED DAMAGES
6.1. The CONTRACTOR further agrees to pay Yd,2110A~ per day as liquidated
damages, for failure to begin within ten (10) days of CITY's issuance of the
"Notice to Proceed" or failure to achieve Substantial Completion within 2.7.11'
calendar days from the Commencement Date as indicated in the written "Notice to
Proceed". The CITY shall have the fight to deduct said liquidated damages from
any amount due, or that may become due the CONTRACTOR, or to collect such
liquidated damages from the CONTRACTOR or his Surety.
6.2. Punch list items recorded as a result of inspections for Substantial Completion are
to be corrected by the CONTRACTOR within thirty (30) calendar days and prior
to any request for Final Inspection, Testing and Acceptance as stated in the
General Conditions for Construction (GC-50). If the Substantial Completion
punch list items have not been corrected by the CONTRACTOR within the thirty
(30) calendar day period, at the discretion of the Project Manager, Liquidated
Damages may be applied as described in Section 6 above.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the CITY
as more particularly set forth in the Technical Specifications for Construction,
01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE
PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR
WATER TREATMENT PLANT PROJECTS.
8. INDEMNIFICATION
8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, servants, and employees from and against any claim, demand, or cause of
action of whatsoever kind or nature arising out of error, omission or negligent act
of CONTRACTOR, its agents, servants, or employees in the performance of
services under this Agreement.
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Utilities Department Rev. 12/30/03
8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and paralegal expenses at
both the trial and appellate levels) of whatsoever kind or nature for damages to
persons or property caused in whole or in part by any act, omission, or default of
the CITY, its agents, servants or employees arising from this contract or its
performance. The CONTRACTOR and the CITY hereby agree and covenant that
the CONTRACTOR has incorporated in this original bid, which constitutes the
Contract sum payable by the CITY to the CONTRACTOR, specific additional
consideration in the amount of ten dollars ($10.00) sufficient to support this
obligation of indemnification provided for in this paragraph. The indemnification
required pursuant to the Contract shall in no event be less than $1 million per
occurrence or no more than the limits of insurance required of the
CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable and said
provision shall be in compliance with Section 725.06, Florida Statute.
8.3. The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indenmification provision, as well
as the insurance provisions which are set forth in the General Conditions for
Construction. However, the indemnification provision, and the insurance
provision contained in the General Conditions for Construction are not
interdependent of each other, but rather each one is separate and distinct from the
other.
8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to
any offset, limitation or defense as a result of any insurance proceeds available to
either the CITY or the CONTRACTOR.
9. PAYMENT BY CITY
9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions as provided in the Contract
Documents.
C-6
Utilities Department Rev. 12/30/03
10. CHANGES IN THE WORK
10.1. The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the work, the Contract sum being
adjusted accordingly. All such work shall be executed under the conditions of the
original Contract. Any claim for extension of time caused thereby shall be made
in writing at the time such change is ordered. Changes in the work must be
processed as set forth in the General Conditions for Construction GC-46, FIELD
CHANGE DIRECTIVES/CHANGE ORDERS.
10.2. All change orders and adjustments shall be in writing and approved by the Project
Manager, otherwise, no claim for extras will be allowed.
10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be
submitted for the current contract payment for the month in which the work was
done. No claim for extra work shall be allowed unless same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
11. PROJECT ENGINEER
11.1. The Project Engineer ("Engineer") is Rick Morale.q.P.E. CH2M Hill.. lne.
11.2. The Project Engineer shall have general Supervision and direction of the work.
The Project Engineer is the agent of the CITY only to the extent provided in the
Contract Documents and when in special instances he has the authority by CITY
to act, and in such instances he shall, upon request, show CONTRACTOR such
authority in writing. He has authority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the Contract.
11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of
the contract and the judge of its performance, he shall side neither with CITY nor
with CONTRACTOR, but shall use his authority pursuant to the Contract to
enforce its faithfial performance by both parties.
11.4. In the event of a dispute, the role of the Project Engineer is to make
recommendations to the Project Manager who shall make the final decision.
12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction GC-27, INSURANCE.
C-7
Utilities Department Rev. 12/30/03
13. CONTRACT CONTROLS
13.1. This Contract must be construed with all other Contract Documents, a master set
of which shall be maintained by the City Clerk of the CITY. In the event of a
dispute, only the master set of documents, or copies thereof certified by the City
Clerk, shall be used as evidence.
13.2. In the event of a conflict between the requirements or specifications set forth in
the Contract Documents, the conflict shall be resolved by written interpretation by
the CITY, or its representatives as set forth in the General Conditions for
Construction (GC-17, CONTRACT INTERPRETATION. In reconciling
conflicting provisions of the Contract Documents, the Contract shall have the
greatest ~veight, followed by the General Conditions for Construction and finally
by the balance of the Contract Document
14. TIME OF ESSENCE
14.1. Inasmuch as the provisions of the Contract Documents relating to the times of
performance and completion of the ~vork are for the purpose of enabling the CITY
to complete the construction of a public improvement in accordance with a
predetermined program, all such time limits are of the essence of the Contract.
15. REMEDY FOR DELAY
15.1. In the event of any delay in the project caused by any act or omission of the CITY,
its agents or employees, by the act or omission of any other party other than the
CONTRACTOR, his agents, employees or subcontractors, or delay caused by
weather conditions or unavailability of materials, the sole remedy available to
CONTRACTOR shall be by extension of the time allocated to complete the
project.
15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION.
CONTRACTOR hereby acknowledges that he has read and understands the above
provision.
INITIALS
C-8
Utilities Department Rev. 12/30/03
15.3. Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.4. All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction GC-23, EXTENSION
OF TIME/NO DAMAGES FOR DELAY.
15.5. For the purpose of this section, the phrase "the CITY, its agents and employees"
shall include but shall not be limited to the Project Engineer and Project Manager.
16. DISPUTES
16.1. Disputes shall be resolved as set forth in the General Conditions for Construction
GC-18, DISPUTES.
16.2 Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
c-9
utilities Department Rev. 12/30/03
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City
Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA
in the presence of:
City Manager
Attest: Approved as to Form:
City Clerk City Attorney
Signed, sealed and witnessed MORA ENGINEERING CONTRACTORS, INC.
in the presence of:
President or Vice President
Attest as to CONTRACTOR
State of Florida )
) SS:
County of Palm Beach )
On this __ day of ,20 , personally appeared before me, duly authorized
to administer oaths, known to be the
persons described herein or who has produced as
identification and who executed the foregoing instrument and has acknowledged before me that
they have executed same.
Notary Public
My Commission Expires:
C-10
Utilities Departmem Rev. 12/30/03
ATTACHMENT #1
BID #038-2821-04/CJ-D Utilities Department
MAY 4, 2004 AGENDA City of Boynton Beach
Project Management Team
Interoffice Correspondence
TO: Bill Atkins DATE: April 5, 2004
Deputy Director of Finance
FROM: Paul Fleming, e~/V~~/, "' PHONE · 6487
Senior Project Manag
PROJECT: N.E. 17t~ Avenue Stormwater Improvements and Water Main Replacement
Bid #038-2821-04/CJ D
SUBJECT: Recommendation of Contract Award
bcc: File 2.2
Bob Kenyon, Deputy Utilities Director
Mark Law, Deputy Utilities Director
B. Conboy
Rick Morales, CH2M Hill
This office has reviewed the bid tabulation sheet and related information for this projectJbid and hereby
recommends contract award in accordance with the following data:
Project Name: N. E. 17th Avenue Stormwater Improvements and Water Main Replacement, Bid #038-
2821-04/CJD
Recommended Contractor: Mora Engineering Contractors, Inc. is the lowest, most responsive,
responsible bidder whose bid represents the most advantageous bid to the City, pdce and other factors
considered.
Award Amount: Contract award amount is $1,711,917.00. A contingency of 10% of the award
amount, $171,191.70, bdngs the total budget appropriation to $1,8S3,108.70.
Account Number: #.401-5000-590-96.02 W'I'R115
Verification of Contractor Responsibility: The Utilities Department and CH2M Hill, our design
professional, verified references and similar project experience. Mora Engineering received favorable
references and has successfully comple{ed projects for the City in the past.
We concur with CH2M Hill to award to Mora Engineering Contractors, Inc.
Compliance with the Plans and Specifications: Mora Engineering stated no exceptions and meets
all required specifications.
Utilities Department
City of Boynton Beach
Project Management Team
Interoffice Correspondence
Client Office Concurrence: Bid results were discussed with Bob Kenyon, Deputy Utilities Director
(water), and Mark Law, Deputy Utilities Director (stormwater) who have indicated their concurrence with
the award recommendation.
After you have si~lned the Agenda Item Request Form along with Finance, please provide the City
Clerk's Office with the required additional copy of these documents. If you have any questions, please
contact me at 6487.
Attachments: Agenda Item Cover Sheet/Checklist
Agenda Item Request
Letter of Recommendation from CH2M Hill
Procurement Tabulation Sheet (signed by Paul Fleming)
04/09/04 FRI 09:45 FAX 1 954 698 6010 CH2M HILL/DFB ~002
Hil~sboro Executive Center North
800 Fairway Drive
Suite 350
Deerlield Beach, FL 33441-1831
CH2MHILL
Fax 9,54,698.6010
April 6, 2004
17453904.01
Mr. Paul M. Fleming
Senior Project Manger
124 East Woolbright Road
Boynton Beach, FL 33425-07';10
Subject: RecommendatiorL of Award for N.E. 17th Avenue Area Stormwater Improvements
and Water Main Replacement
Dear Mr. Fleming:
We have reviewed the bids. received in response to the Instruction to Bidders for the
N.E. 17th Avenue Area Stormwater Improvements and Water Main Replacement Bid
Number 038-2821-04/CJD.
Bids were received on March 25, 2004, from the following firms:
1. Asphalt Consultants Inc.
2. B&B Underground Cord.Tactors Inc.
3. Chaz Equipment Company Inc.
4. Coast Land Developme~t Inc.
5. Mora Engineering Conh'actors, Inc.
6. Ocean Bay Contractors, Inc.
The Bids are summarized ha. Table 1 and the Iow bidder was Mora Engineering Contractors,
Inc. with a total bid of $1,7YI,917.00.
TABLE 1
Bid Submitted Required
Bidder Rank Bid Price Documentation
Mora Engineering Contractors, Inc. 1 $1,711,917 See Attachment 1
Asphalt Consultants Inc. 2 $1,747,285 See Attachment 1
Coast Land Developrnent Inc. 3 $1,774,870 See Attachment 1
Chaz Equipment Company Inc. 4 $1,791,650 See Attachment 1
Ocean Bay Contractors, Inc. 5 $1,950,543 See Attachment 1
B&B Underground Cz)ntractors Inc. 6 $2,259,085 See Attachment 1
Note:
Engineer's cost estimate - $1,800,000
Per article 24.4 of the Instructions to Bidders, "The City reserves the right to award the
Contract for the work described by these specifications in a manner or method which will
produce the most effective cost benefit to the City. The low monetary bid will NOT in all
cases be awarded the Contract. The Contract will be awarded by the City to the most
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VI.-CONSENT AGENDA
CITY OF BOYNTON BEAC ITEM C.1.
AGENDA ITEM REQUEST FC ....
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon)
[] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon)
[] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 ('Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfmished Business
RECOMbEENDATION: Motion to approve and authorize the execution of a Resolution for Task Order #R04-
5-04 in the amount of $81,366 to CH2M Hill, Inc. for architectural and engineering services for design and
construction administration for Senior Center Phase III.
EXPLANATION: At the January 6, 2003, City Commission Meeting, the Commission approved funding for
Phase 1II of the Senior Center in the amount of $650,000. This project will include the addition of a catering
kitchen, meeting room, arts & crafts/gardening room, new roof, lobby on the north side of the building, and
handicap accessible bathrooms.
PROGRAM IMPACT: The task order was negotiated using the General Consulting and Engineering Services
Contract (RFQ #065-2821-03/CJD), which was executed via a resolution at the November 18, 2003 City
Commission Meeting.
FISCAL IMPACT: The cost of Task Order #R04-05-04 is $81,366. Funds are available in account #302-4111-
580-62-01.
ALTERNATIVES: Do not accept proposed task ord.er and seek altern0tive options.
epartment Hea s Signature City Manager's Signature
RECREATION & PARKS
Department Name City Attorney / Finance / Human Resources
C: Wilfred Hawkins (w/o attachments)
Jeff Livergood (w/o attachments)
David Stump (w/o attachments)
S:~BULLETIN~ORMS~,AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R04- /9 ~//
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING EXECUTION OF TASK
5 ORDER NO. R04-5-04, FOR ARCHITECTURAL AND
6 ENGINEERING SERVICES FOR DESIGN AND
7 CONSTRUCTION ADMINSTRATION OF THE SENIOR
8 CENTER PHASE m, IN THE AMOUNT OF $81,366, TO
9 CH2M HILL; AND PROVDING AN EFFECTIVE DATE.
12 WHEREAS, on January 6, 2004, the City Commission approved funding for Phase
13 of the Senior Center, and;
14 WHEREAS, the City Commission, upon staff's recommendation, has deemed it
15 and in the best interests of the public to approve Task Order No. R04-5-05 with
16 for Architectural and Engineering services for the design and construction
17 of the Senior Center Phase 11I, in the amount of $81,366.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
19 CITY OF BOYNTON BEACH, FLORIDA, THAT:
20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
21 tree and correct and are hereby made a specific part of this Resolution upon adoption
22
23 Section 2. The City Commission of the City of Boynton Beach, Florida does
24 authorize and direct the approval and execution of Task Order No. R04-5-04 with
25 for architectural and engineering services in the amount of $81,366.
26 Section 3. This Resolution shall become effective immediately upon passage.
27
28
- Change Ordecs\CH2M Hill UO4-5-O4.doc
2 PASSED AND ADOPTED this __ day of ,2004.
3
4
5 CITY OF BOYNTON BEACH, FLORIDA
6
7
8 Mayor
9
10
11 Vice Mayor
13
14 Commissioner
15
17 Commissioner
18
19
20 Commissioner
21
22 "
23
24
25 City Clerk
26
S:\CA~°,ESO~,greemenls'~Task - Change Orders\CH2M Hill U04-5-04.doc
CH2M HILL
One Harvard Circle
West Palm Beach, FL 33409-1923
Tel 561.515.6500
CH2MHILL
Task Order No. 04-05-04
Reference No. RFP No. 065-2821-031CJD
Architectural and Engineering Services for Design and Construction
Administration for Boynton Beach Senior Center Phase III-
Renovation and Addition
A. Project Description:
The City of Boynton Beach has funded and approved Phase III Improvements to the Boynton Beach
Senior Center Phase III - Renovation and Addition
B. Scope of Services
At the request of the City, CH2M HILL is to provide Architectural and Engineering pre-design,
Minor Technical Review Committee (TRC) submittal, construction documents, bidding assistance
and construction administration services for the Phase UI Senior Center Renovation and Addition.
Task 1 - Pre-Design Services
A. Geotechnical Services (Provided by City) $ 0
B. Site Survey
C. Programm/ng:
C.1. Based on interviews with appropriate City and
Senior Center Staff, prepare a building space
program indicating required assigned and
support spaces for the building. $ 1,000
C~2 Concept drawings and meetings. Provide concept
site plan and building sketches; and prepare for and
attend one (1) review meeting with City. $ 2,000
Expenses: Programming submission to include six (6) sets of Program
Requirements, black line concept Site Plan and Building Sketches and
Conceptual S.F. Cost Estimate $ 700
TOTAL TASK 1 LUMP SLIM $ 3,700
DDAVIS10/PROPOSAUBOYNTON BCH SR CfR SOW_I-~
Task 2-Minor TRC Submittal
Based on approved pre-design services provide further developed
floor plan, exterior elevation drawings color elevation and
preliminary construction cost estimates.
One meeting with City personnel will be held to review the
Minor TRC Submittal. $ 5,500
Colored Elevations $ 1,500
TOTAL TASK 2 LUMP SUM $ 7,000
Task 3 - Construction Documents
Based on an approved design development, and Minor
TRC submittal, final drawings, specifications, cost estimate,
interior room finish material selection and equipment schedule
will be prepared. All architectural and engineering systems in
Attachment B will be finalized and submitted to building
department and engineering. Up to three meetings with
City Staff will be held to review, and finalize the construction
documents. $ 19,500
Expenses: Four permit sets of construction documents and
one set of engineering documents, signed and sealed
will be submitted. $ 600
TOTAL TASK 3 LUMP SUM $ 20,100
Task 4 - Bid Phase Services
Based on the "Standard Procedures and Functions for Consultants, Procurement Services, and the
Project Management Team,' (provided by the City) the following services will be provided under
Task 4:
Prepare and Distribute Design Documents to ProjeCt'Manager, Procurement Department and City
Clerk - Three sets of the contract and technical specifications will be prepared, bound, and
distributed to the appropriate groups within the City.
Distribute Plans to Interested Contractors and Maintain Plan Holders List - CH2M HILL will copy
the contract documents and have them available for sale to interested contractors. The cost for
reproduction will be borne by the contractors through the sale Price (to be determined).
CH2M HILL will maintain a list of all plan holders that have purchased plans through the West
polrr~ Beach, Florida, office. This information will sent to the City's procurement office on a weekly
basis.
DDAVIS 10/P ROPOSAL'~YNTON BCH SR. CTR SOW_1-23-O4.DOC 2
Answer Technical Questions from Contractors - CH2M HILL will provide general answers to
contractors regarding this project. Answers will be in the form of verbal communication and will be
general in nature. If questions arise that identify inconsistencies or omissions, CH2M HILL will
contact Procurement Services to assist with the preparation of an addendum. CH2M HILL will
prepare the technical response. The City's Procurement Services department will be respons~le for
issuing technical clarifications and addenda.
Conduct Pre-Bid Meeting- CH2M HILL's project manager will conduct the pre-bid meeting with
the assistance of the City's Project Manager. CH2M HILL will provide answers to technical
questions that arise. The meeting will be conducted at a time and location selected and coordinated
by the City's Project Manager. CH2M HILL will maintain a contractor's sign-in sheet and will
prepare meeting minutes.
Attend Bid Opening Meeting - CH2M HILL's project manager will attend the bid-opening. It is
assumed that the City's Procurement Office will conduct the meeting and that meeting minutes will
not be prepared.
Assist With Bid Evaluation - CH2M HILL will tabulate the bids and prepare a summary table for the
City that identifies bid item, unit prices, and any assumptions provided by contractor. The bid
summary will also include the Engineer's estimate of probable construction cost on a unit price
basis. CH2M HILL will review the references and background of the apparent low bidder. A letter
summarizing the bid tabulation and the results of the reference check will then be submitted to the
City. If the City rejects the apparent low bidder, CH2M HILL will conduct a reference review on
additional bidders.
TOTAL TASK 4 LUMP SUM $ 5,200
Task 5 - Construction Administration
The City requested we provide full construction administration for the duration of the construction.
It is understood that the fees presented in this proposal Attachment A are estimates and are not
guaranteed and are dependent upon City involvement authorization by the City. Specific tasks will
include the following:
· Prepare for and conduct a pre-construction conference. Prepare and distribute the meeting
minutes.
· Review shop drawings and other construction related submittals.
· Attend weekly construction project meetings.
· Assist the City with the evaluation of request for payment by the Contractor.
· Assist in the technical interpretations of the contract documents, and the evaluation of requested
deviations from the approved design or specifications.
· Evaluate any required design changes, and if requested, assist the City in preparing the required
design changes and drawings.
· Assist in negotiating the scope and cost of necessary change orders.
· Perform a substantial completion inspection of the project areas and assist in the preparation of a
final "punch list" for project close-out.
· Assist the City with the evaluation of requests for payment by the Contractor.
· Perform a final inspection.
DDAVISl0/PROPOSAL~BOYNTON BCH SR. CTR SOW_1-23-O4.DOC 3
· Perform a one (1) year walk-thru.
TOTAL TASK 5 LUMP SUM $40,396
Task 6 - Post Construction Services
Provide record CADD drawings (electronic file) based upon contractor's marked up
Changes and provide one (1) year warranty walk thru.
TOTAL TASKS 6 LUMP SUM $ 4,970
C. Assumptions
· City will provide Geotechnical Services.
· No Traffic Study included.
· No off site work included.
No data, telephone, cable TV, fiber optics and security design included
(conduit and pull strings to communication room included).
· Six month construction.
O. Contract Reference
This Task Order shall be performed under the terms and conditions described within the Agreement
for General Engineering Consulting Services dated November 2003, between the City of Boynton
Beach and CH2M HILL, Inc.
E. CompensatiOn
Compensation by the CITY to the. CONSULTANT' for this Task Order will be on a Lump Sum basis
in accordance with the above mentioned Agreement. The estimated compensation for the services
described in this Task Order is $104,221 as shown in Table 1.
DDAVIS10/PROPOSAL~OYNTON BCH SFL CTR SOW_I-23-04.DOC 4
TABLE 1
Senior Center Phase III
Labor Cost Expense Cost Total
Task 1 - Pre-Design Services $3,700 $3,700
Task 2 - Minor TRC Submittal $5,500 $1,500 $7,000
Task 3 - Construction $19,500 $600 $20,100
Documents
Task 4 - Bid Phase $4,000 $1,200 $5,200
Task 5 - Construction $37,396 $3,000 $40,396
Administration
Task 6 - Post Construction $4,670 $300 $4,970
Services
$71,066 $10,300 $81,366
TOTAL
F. Schedule
The CONSULTANT will commence Professional Services upon receipt of written authorization and
will complete the work according to the table below.
Task 1 - 3 - Design Modifications 90 Days for Design after Notice to Proceed
an-d 90 Days for TRC/P&Z approvals.
Task 4 - Bid Phase Services 30 Days Bidding and 30 Days for Award
Task 5 - Construction Administration 6 Months construction
A tentative schedule will be developed within tasks / services once a Notice To Proceed for Design
Has been issued and review of TRC, P&Z, commission and procurement dates have been established.
DDAVISl0/PROPOSAL~BOYNTON BCH SR. CTR SOW_1-23-04.DOC 5
APPROVED BY:
CITY OF BOYNTON BEACH, FLORIDA
By:
Kurt Bressner, City Manager
Dated this __ day of ,2004.
SUBMITTED BY:
CH2M HILL, INC.
By:
Allan Bollinger
Project Delivery Director
Dated this day of ,2004
DDAVlS10/PROPOSAL~OYNTON BCH SR. CTR SOW_l-23-O4. DOC 6
ATTACHMENT A
BOYNTON BEACH SENIOR CENTER - PHASE III
TASK 5: CONSTRUCTION PHASE SERVICES
Construction Phase (Basic Services Based on 24 week/76month construction period).
Schedule A
Construction Phase Services include the following: Hours Rates Total
Prepare for and Attend Pre-Construction Meeting 4 P.M. $122 $488
· Office administration (correspondence, RFI's,
change orders, Shop drawing review, proposal
requests, and review of Monthly pay applications,
phone, fax, etc.)
Architect/Engineer (Ave. 4 hrs/wk) 96 Prof $95 $ 9,120
Shop Drawing Review:
Architectural 32
Mechanical 16
Plumbing/Fire Protection 16
Electrical 24
Structural 20
108 Prof $95 $10~60 $19,380
· Weekly Meetings:
Equivalent of (1) 4 hour visit week
to include travel and prepare
and distribute Meeting Minutes and
Monthly Pay Application 96 Sr. Prof. $95 $9,120
· Miscellaneous Engineering Site Visits:
To include, Mechanical,
Structural, Plumbing and Electrical Engineer
to attend Progres~ Meeting 32 Sr. Prof $95 $3,040
(4 Engineers @ 8 Hrs each)
DDAVISIO/PROPOSALIBOYNTON BCH SR. CTR SOW_l-23-O4.DOC 7
· Substantial Completion & Punch List
Architect/PM 12 P.M. $122 $ 1,464
Mechanical 8 Sr. Prof.$ 95 $ 760
Electrical 8 Sr. Prof. $ 95 $ 760
Clerical 4 $ 54 $ 216
32 $ 3,200
· Final Completion/Close Out
Architect/PM 16 P.M. $122 $ 1,952
Clerical 4 $ 54 $ 216
20 $ 2,168
· Expenses: $ 3,000
TOTAL 588 $40,396
DDAVlS10/PROPOSAL~IOYNTON BCH SR. CTR SOW_1-23-O4. DOC 8
ATFACHMENT B
Boynton Beach Senior Center - Phase III
Boynton Beach Senior Center Project No.
Scope of Services/Estimated Drawings
(Schematic Design through Construction Documents)
Discipline Est. # of Sheets Sheet Title
T-1 Title, Index, Location Map
T-2 Code Information, Abbreviations
S Symbols
Site Survey SS Site Survey
Civil 0
Landscape/Irrigation 0
Architecture A-I.1 Site Details
A-2.1 Floor Plan
A-2.2 Casework & Interior Elevations
A-2.3 Equipment Plan
A-2.4 Reflected Ceiling Plan
A-2.5 Wall Types Plan / Room Finish Schedule
A-3.1 Exterior Elevations
A-4.1 Roof Plan / Details
A-5.1 Building & Building Structures
A-7.1 Door & Window Schedules/Details
Structural S-I.1 General Structural Notes
S-2.1 Foundation, and Floor Framing Plan
S-2.2 Attic, Roof Framing Plans
S-3.1 Typical Details & Schedules
S-3.2 Sections & Details
Mechanical MI.1 Mechanical Legend
M2.1, HVAC Floor Plan
M3.1 HVAC Details
M3.2 Mechanical Sections & Details
M3.3 I-IVAC Controls
DDAVISIO/PROPOSAL~iOYNTON BCH SR. CTR SOW_1-23.-O4.DOC 9
Discipline Est. # of Sheets Sheet Title
Plumbing Pl.1 Plumbing Legend & Abbreviations
P2.1 Plumbing Floor Plan
P3.1 Plumbing Stack Diagram
P4.1 Plumbing Details
Fire Protection FP.1 Site Plan Fire Protection
FP.1 Floor Plan Fire Protection
FP.2 Roof Plan Fire Protection
Electrical El.1 Legend & Abbreviations
El.2 Electrical Site Plan
E2.1 Lighting Plan
E3.1 Power Plan
E4.1 Communications Plan
E5.1 Risers & Room Enlargement
E6.1 One Line Diagram
E7.1 Electrical Details / Schedule
DDAV1S~O/PROPOSAL~OYNTON BCH SR. CTR SOW_l-23-.O4.DOC 10
VI.-CONSENT AGENDA
CITY OF BOYNTON BEA( ITEM C.2
AGENDA ITEM REQUEST
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17. 2004 (Noon) C~
[] April20,2004 April 5,2004(Noon) [] June 15,2004 May 31, 2004 (Noon) ~
[~ May4,2004 April 19, 2004 (Noon) [~] July 6, 2004 June 14, 2004 (Noon) ~O ,~. ~.~
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) .~
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business ::x:
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Motion to approve and authorize the execution of a Resolution for Task Order
#P04-17-01 in the amount of $16,000 to SFRN, Inc. for architectural and engineering services for conceptual
design of the repair and/or replacement of the boardwalk at Oceanfront Park.
EXPLANATION: This project was approved by Commission at the January 6, 2003 meeting. The original
boardwalk at Oceanfront Park was built in 1982. The existing boardwalk was installed in 1995 using recycled
plastic lumber material. Through naturally occurring wear and tear, especially at a beachfront environment, the
boardwalk needs to be repaired and potentially replaced in some areas. SFRN will examine the current structure
and prepare a report outlining potential options.
PROGRAM IMPACT: The task order was negotiated using the General Consulting and Engineering Services
Contract (RFQ #065-2821-03/CJD), which was executed via a resolution at the November 18, 2003 City
Commission Meeting.
FISCAL IMPACT: The cost of Task Order #P04-17-01 is $16,000. Funds are available in account #3024210-
580-63-15.
ALTERNATIVES: Do not accept proposed task order and seek alternative options.
- Departmeffi:Head'~ ~ig~a[u~'~ t ' ' City Manager's Signature
Department Nme City Attorney~F~antr~ / Human Resources
S:~BULLETINLFORMS~GENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R04-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING EXECUTION OF TASK
5 ORDER NO. U04-17-01, FOR ARCHITECTURAL AND
6 ENGINEERING SERVICES FOR CONCEPTUAL DESIGN
7 OF THE REPAIR AND/OR REPLACEMENT OF THE
8 BOARDWALK AT OCEANFRONT PARK, IN THE
9 AMOUN TOF $16,000, TO SFRN, INC.; AND PROVIDING
10 AN EFFECTIVE DATE.
11
12 WHEREAS, this project was approved by the City Commission on January 6, 2003;
13 and
14 WHEREAS, this task order was negotiated using the General Consulting and
15 Engineering Services Contract, (RFQ 065-2821-037CJD); and
16 WHEREAS, the City Commission, upon staff's recommendation, has deemed it
17 appropriate and in the best interests of the public to approve Task Order No. U04-17-01 with
18 SFRN, Inc., for architectural and engineering services for the conceptual design and of the
19 repair and/or replacement of the Boardwalk at Oceanfront Park in the amount of $16,000.00.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
213 being tree and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25 Section 2. The City Commission of the City of Boynton Beach, Florida does
26 hereby authorize and direct the approval and execution of Task Order No. U04-17-01 with
27 SFRN, Inc., for architectural and engineering services for the conceptual design and of the
28 repair and/or replacement of the Boardwalk at Oceanfront Park in the amount of $16,000.00.
S:'~CA'~RESOV~reements~Task - Change Orders'~SFRN TASK ORDER.doc
1 Section 3. This Resolution shall become effective immediately upon passage.
2 PASSED AND ADOPTED this ~ day of May, 2004.
3
4 CITY OF BOYNTON BEACH, FLORIDA
§
6
7 Mayor
9
10 Vice Mayor
13 Commissioner
16 Commissioner
19 Commissioner
2O
21 ATTEST:
22
23
2,1 City Clerk
25
~CA~ESO¥~greements\Task - Change Orders~SFRN TASK ORDER.doc
K. Daniel Sholloway,
Gary M. Rayman, P.S.M.
Warren If. Newell
Brian J. LaMotte, P.E.
IJ~iC. Kei~ B. Jackson, P.E.
Engineers Surveyors GIS Mappers L~sa A. Trapepe, P.E.
Shalloway Engineering
TASK ORDER "0: PO4-17-# ~)(
REFERENCE NO. RFP NO:
CONSULTING ENGINEERING SERVICES FOR
CITY OF BOYNTON BEACH
OCEANFRONT PARK BOARDWALK IMPROVEMENTS
A. PROJECT DESCRIPTION:
The City of Boynton Beach Waterfront Park is located on the east side of State Road
^1^ within the municipal limits of the Town of Ocean Ridge. There exists an extensive
boardwalk which includes beach observation shelters, ramps and stairways giving
accessibility to the beach. Currently the boardwalk is made up of a wood frame and
recycled plastic decking both of which have been installed over a decade ago. The City
has funded and approved improvements to the boardwalk and its amenities.
B. SCOPE OF SERVICES:
At the request of the City, SFRN, Inc. is to provide Engineering assistance in the
conceptual design of the repair and/or replacement of the boardwalk area.
TASKS:
Task 1 - Investigation & Presentation
Investigation of blueprints and engineering data supplied by Boynton
Beach for viability.
Field examination of boardwalk's sub-structures (estimated four
locations) and all ramps and stairways.
Prepare wdtten report and presentation to the Recreation & Parks
Department as to findings.
Task 2 - Research Materials & Alternatives
Prepare a report and presentation to the Recreation & Parks
Department to include a variety of alternative materials suitable for use
in coastal regions.
TASK ORDER - BOARDWALK
SFRN 03018.03
1201 Belvedere Rood, West Palm Beach, FL 33405 TEL: (56 I) ~55-1151 FAX: (56 I) 832-~3~0 PAGE 1
£-/~ail: info@sfrninc, com Official Webs#e: www. sfrninc, com
Task 3 - Pre-Design Alternatives
Prepare three (3) sketches for meeting with Recreation & Parks
Department from materials chosen by the city in Task 2.
Task 4 - Engineer's Opinion of Cost
Prepare Engineer's Opinion of Cost for each of the alternatives.
Task 5 - Parks & Recreation Meeting
Presentation to Recreation Department on findings to seek a
consensus with staff pdor to commission meeting.
Task 6- Presentation to the City Commission
Prepare a PowerPoint presentation with color rendered exhibits based
on a joint staff/engineer consensus on proposed alternatives. Present
findings at the commission meeting.
C. CONTRACT REFERENCE:
This Proposal shall be performed under the terms and conditions described within the
Agreement for a Two-Year General Consulting and Engineering Contract dated
November 18, 2003 between the City of Boynton Beach and SFRN, Inc.
D. OBLIGATION OF THE CITY OF BOYNTON BEACH:
Provide examination areas of the sub-structure for observation.
Provide input on alternatives prior to commission presentation.
E. COMPENSATION:
Compensation by the City to SFRN, Inc. will be performed hourly with a not-to-exceed
budget amount of $16,000.00 per the approved Fee Schedule (copy attached).
F: SCHEDULE:
Task 1-4 120 Days After Commencement Notice
Task 5 30 Days After Task 1-4
Task 6 30 Days After Task 5
TASK ORDER - BOARDWALK
SFRN 03018.03
PAGE 2
APPROVED BY:
CITY OF BOYNTON BEACH, FLORIDA
BY:
PRINTED NAME & TITLE: Kurt Bressner, City Mana.qer
Dated this ~ day of ,2004.
SUBMITTED BY:
By:SFRN' INC. (~ ~
Lisa A. Tropepe,
Dated this I~ day of ~ 2004.
TASK ORDER - BOARDWALK
SFRN 030t 8.03
PAGE 3
K. Deniel $1mlloway, ~£
Gary EL Rayman, ES~.
Warren If. Newell
Brian J. LaMotte, P.E.
lNG. Keit~ B. Jackson, P.E.
%gineers Surveyors GIS Mappers L~a A. Trepepe, P.E.
Shalloway Engineering
CITY OF BOYNTON BEACH
FEE SCHEDULE - SCOPE "D"
SFRN #03018.03
2003 EMPLOYEES IDENTIFIED
Project Director (Principal) $ 145.00 Keith, Gary, Andre
Client Services Manager $ 145.00 Lisa
PrOject Engineer $ 84.00 Kyle, Allen
Designer $ 58.00 Olive
Senior Professional Surveyor/Mapper$ 90.00 Bob
rEngineering/Survey Technician !$ 67.00 Mike
Survey Crew (3-Person Crew) $ 116.00 Hector, Robert, Ed
.GPS Equipment & Crew $ 180.00 Hector, Robert, Ed
Senior Administrative Support $ 52.00 Thea, Debbie, Tashia
Administrative Support $ 44.00 Donna, Dave
Paraprofessional $ 59.00 Christine
Direct Costs - Mark up % - Office, reproduction,
mailing, etc. 10%
Direct Costs - Mark up % - Sub-consultants 10%
BOYNTON BEACH FEE SCHEDULE
SCOPE "D"
1201 Belvedere I~ood, West Palm Beach, FL 33405 TEL: (5~1) &55-1151 FAX: (5~ I) 832-~3~0 SFRN ~ff)3018
E-Mail: info@sffninc, com Official Website: www. sfrninc, com
VI.-CONSENT AGENDA
ITEM C.3.
CITY OF BOYNTON BEAC
AGENDA ITEM REQUEST FO v,
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon)
[] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon)
[] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Ratify the action of the South Central Regional Wastewater Treatment & Disposal Board.
EXPLANATION: On April 15, 2004, the South Central Regional Wastewater Treatment & Disposal Board
held its Regular Quarterly Annual meeting. At that time, the Board took action on items
that are now before the City Commission for ratification. This City Commission ratification
is the confirmation process for the action taken by the S.C.R.W.T.D. Board.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: Not ratify their action.
(~] Janet M. Prainito, CMC City Manager's Signature
City Clerk's Office // City Attol~Y/'Finance / Human Resources
S:XBULLETI/xPg-ORMSXAGENDA ITEM REQUF_~T FORM.DOC
I RESOLUTION NO. R04-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, RATIFYING THE ACTION
5 TAKEN BY THE SOUTH CENTRAL REGIONAL
6 WASTEWATER TREATMENT AND DISPOSAL
7 BOARD AT THE MEETING OF APRIL 15, 2004, AS
8 SET FORTH BELOW; AUTHORIZING THE CITY
9 MANAGER TO EXECUTE SAID RATIFICATION;
lO AND PROVIDING AN EFFECTIVE DATE.
12 WHEREAS, the South Central Regional Wastewater Treatment & Disposal
13 Board (SCRWTDB) requests ratification of the action taken by the Board at the Meeting
14 of April 15, 2004, as set forth below;
15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
18 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
17 Section 1. The City Commission of the City of Boynton Beach, Florida, does
18 hereby ratify the action taken by the South Central Regional Wastewater Treatment &
19 Disposal Board on April 15, 2004, as follows:
20 (1.) Authorization to appropriate $74,176 from Cities Utility Budget
21 ($37,088) from each City) for the evaluation of collection system
22 odors and treatment services (see Work Task Order 2004-002); and
23 (2) Authorization to write off $336,227.12 accumulated balance in
24 Board's financials from Boynton Beach's Repair ( Replacement
25 Fund since 1990/91 to correspond with transfer of Delray Beach's
26 Repair & Replacement Fund of $426,266.75 (September 30, 2003).
27 Section 2. This Resolution shall take effect immediately upon passage.
28
reements~SCRWTD -042904.doc
PASSED AND ADOPTED this __ day of May, 2004.
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6 Mayor
7
8
9 Vice Mayor
10
11.
12 Commissioner
13
14
15 Commissioner
16 ATTEST:
17
18 Commissioner
19 City Clerk
20
21
22
S:\CA\R ESO~Agreements~SC RWTD -042904.doc
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue · Delray Beach, Florida 33445
Z ~ Telephone
BOARD
City Council Members of (561) 272-7061 (561) 734-2577
Boynton Beach & Delray Beach ~ Fax: (561) 265-2357
E-mail: scrwwtp@ ix.netcom.com
MEMORANDUM
TO: Janet Prainito
CITY OF BOYNTON BEACH
FROM: Mary Ann Shumilla ~'~
DATE: April 19, 2004
RE: RATIFICATIONS FOR SIGNATURE
Attached are (2) two Ratifications from the Quarterly Annual Meeting of April 15,
2004 which require signatures. Would you place these on the Agenda for your next
Commission meeting.
Would you contact me at 272-7061 when the Ratifications are executed.
Thank you.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 15, 2004
WHEREAS, the South Central Regional Wastewater Treatment.and Disposal Board did on
April 15, 2004 by a vote of 7-0, approve AUTHORIZATION TO APPROPRIATE
$74,176.00 FROM CITIES UTILITY BUDGET ($37,088.00 FROM EACH CITY) FOR THE
EVALUATION OF COLLECTION SYSTEM ODORS AND TREATMENT SERVICES. {See
Work Task Order 2004-002-
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said
Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
day of , , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 15, 2004
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board
did on April 15, 2004 by a vote of 7-0, approve AUTHORIZATION TO WRITE OFF
$336,227.12 ACCUMULATED BALANCE IN BOARD'S FINANCIALS FROM
BOYNTON BEACH'S REPAIR & REPLACEMENT FUND SINCE 1990/91 TO
CORRESPOND WITH TRANSFER OF DELRAY BEACH'S REPAIR & REPLACEMENT
FUND OF $426,266.75 (September 30, 2003).
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said
Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
day of , , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
VI.-CONSENT AGENDA
ITEM C.4,
CITY OF BOYNTON BEACI
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in tO City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon)
[] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon)
[] May4,2004 April 19,2004(Noon) [] Julyt, 2004 June 14,2004(Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business ? ..~
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing --r-
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Approval of this Inteflocal Agreement with the Town of Ocean Ridge for the provision of Fire
Suppression, Emergency Medical and Fire Life Safety services.
EXPLANATION: The Town of Ocean Ridge is interested in a twelve (12) year cooperative agreement with the City for
comprehensive Fire Rescue services effective October 1, 2004 through September 30, 2016. The City previously provided
Emergency Medical Services only. With the addition of fire suppression and fire inspection services, this is a renegotiated
extension of an Interlocal Agreement that has been in effect since October 1, 1999.
PROGRAM IMPACT: The Fire Rescue Department has analyzed the operational and administrative impact of this
relationship. The Department is able to effectively handle the current generated call volume and will use revenue generated
from this Agreement to fund future additional personnel and other necessary resources to ensure adequate fire rescue
coverage to Ocean Ridge as well as complement services offered to the citizens of Boynton Beach.
FISCAL IMPACT: This Agreement provides for the Town of Ocean Ridge to pay the City $655,296 during the first year of
the Agreement with an adjustment formula provided for the second and subsequent years, ensuring a minimum of a 4% annual
increase.
ALTERNATIVES: Do not approve this Interlocal Agreement.
Department Heads ~ignature City Manager's Signature
Oepar, ment :/r' City A o / 'i ce/I-I man Resources
S:~BULLET1N~FORMS%GENDA ITEM REQUEST FORM.DOC
1 RESOLUTION R04-
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING EXECUTION OF AN
5 INTE~OC~ AGREEMENT BETWEEN THE C1TY OF
6 BOYNTON BEACH AND THE TOWN OF OCEAN
7 RIDGE, PROVIDING FIRE SUPPRESSION,
8 EMERGENCY lVIEDICAL AND FIRE LIFE SAFETY
9 SERVICES; AND PROVIDING AN EFFECTIVE DATE.
~0
11 WHEREAS, the City Of Boynton Beach currently has an Inteflocal
12 Agreement for Fire Suppression, Emergency Medical and Fire Life Safety
13 Services and Rescue Services with the Town of Ocean Ridge, and;
14 WHEREAS, the Interlocal Agreement provides for the Town of
15 Ocean Ridge to pay the City $655,296.00 during the first year of the
16 Agreement with an adjustment formula provided for the second and
17 subsequent years, ensuring a minimum of a 4% annual increase; and
18 WHEREAS, upon the recommendation of staff, the City Commission
19 does hereby approve the Interlocal Agreement between the City of Boynton
20 Beach and the Town of Ocean Ridge, a copy of which is attached hereto and
21 made a part hereof.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY
23 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
24 THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
26 as being true and correct and are hereby made a specific part of this Resolution
27 upon adoption hereof.
28 Section 2. The City Commission does hereby authorize execution of this
S:~ of Ocean Ridge Fire Services Agr.doc
I Interlocal Agreement between the City of Boynton Beach and the Town of
2 Hypoluxo, which Agreement is attached hereto and made a part here.
3 Section 2 That this Resolution shall become effective
4 immediately upon passage.
5 PASSED AND ADOPTED this ~ day of May, 2004.
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10 Mayor
11
12
13 Vice Mayor
14
15
16 Commissioner
17
18
19 Commissioner
20
21
22 Commissioner
23 ATTEST:
24
25
26 City Clerk
27
28 (Corporate Seal)
29
30
31
S? ),\RESO~Agreements~lnterlocals\Town of Ocean Ridge Fire Services Agr.doc
INTERLOCAL AGREEMENT BETWEEN THE TOWN OF OCEAN RIDGE AND
THE CITY OF BOYNTON BEACH FOR THE PROVISION OF FIRE RESCUE
AND EMERGENCY MEDICAL SERVICES
This Agreement for the provision of fire rescue and emergency medical
services (the "Agreement"), made and entered into this day of
· 2004 by and between the City of Boynton Beach, Palm
Beach County, Florida, a municipal corporation, hereinafter referred to as "City",
and the Town of Ocean Ridge, Palm Beach County, Florida, a municipal
corporation, hereinafter referred to as 'q'own".
WITNESSETH:
WHEREAS, the Town desires the City to provide fire rescue and
emergency medical services to the Town; and
WHEREAS, the City desires to provide fire rescue and emergency
medical services to the Town; and
WHEREAS, the City will maintain the standards of fire and rescue
services to the Town consistent with the services currently provided by the City
within its municipal limits; and
WHEREAS, the City has mutual aid agreements with Palm Beach County
Fire Rescue, Delray Beach Fire Rescue, and Boca Raton Fire Rescue; and
WHEREAS, the City will provide fire and rescue services to the Town in
conformance with City and Palm Beach County Fire Code Ordinances; and
WHEREAS, the City will provide fire and rescue personnel to ensure that
the Town will receive the same standard of fire and rescue services; and
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants
hereinafter set forth, the parties hereto, hereby agree as follows:
SECTION1. PURPOSE
The purpose of this Agreement is to provide fire suppression, protection
and prevention, and Emergency Medical Services, including advanced life
support transport, within the municipal limits of the Town by the City Fire Rescue
Department. Fire protection shall include plan review, fire code enforcement,
building inspection, fire suppression, and fire investigation. The parties
acknowledge that the City assumes no responsibility for emergency
preparedness planning and program implementation for the Town; or site clean
up or product/soil removal resulting from a chemical spill or other form of
hazardous materials incident occurring within the Town.
Ocean Ridge IA 03/10/04 I
SECTION 2. TERM OF AGREEMENT
The term of this Agreement shall be for a period of twelve (12) years
commencing October 1, 2004 and ending September 30, 2016. The parties
agree that during the term of this Agreement that every four years, (in the month
of August 2008, and August 2012) the parties will, in good faith, review the
Agreement in order to conduct a performance evaluation and to amend, if
appropriate, the Annual Fee payable to the City, as defined herein.
SECTION 3. SERVICES RENDERED
A. The City, through its Fire Rescue Department, shall provide fire
protection, fire rescue, fire inspection, fire investigation, and
emergency medical services 24 hours per day, 365 days per year,
within the municipal limits of the Town throughout the term of this
Agreement.
B. The City will provide the same level of service to the Town relative
to hazardous materials incidents as it provides to its own residents.
The City's hazardous materials response is governed by the Palm
Beach County Regional Hazardous Materials Response Ordinance
of 1998 ("County Haz-Mat Ordinance"). As set forth in the County
Haz-Mat Ordinance, recovery of all costs associated with a
discharge or threatened discharge of hazardous substances will be
sought against the persons responsible for causing or allowing a
discharge or threatened discharged. To the extent that costs are
actually incurred by the City in responding to a hazardous material
incident within the corporate limits of the Town, and the City or the
County on behalf of the City, using its best efforts, is unable to
recover such costs from the responsible persons or the Federal
Government in accordance with Section 7 of the County Haz-Mat
Ordinance, the Town shall reimburse the City for certain expended
supplies and consumables, namely, chemical absorbents,
disposable personal protective clothing and equipment, hazardous
materials vapor suppressions, chemical testing agents, and
hazardous materials recovery drums and/or other containers used
by the City's Fire Rescue Department.
SECTION 4. PAYMENT
A. In consideration of the City providing the services set forth in
Section 3 of this Agreement, the Town agrees to pay the City
$655,296 during the first year of this Agreement, ("Annual Fee"),
payable in two equal, semi-annual installments on. Or before,
January 15, 2005 and April 15, 2005, and on or before January 15~
Ocean Ridge IA 03/10/04 2
and April 15th of each succeeding year during the term of this
Agreement, as may be amended from time to time.
B. The parties agree to negotiate in good faith an adjustment to the
Annual Fee which may be necessary to offset any increased costs
incurred by the City for 'providing the services and programs
pursuant to this Agreement, due to unfunded mandates specifically
directed toward the provision of fire rescue services, of the Federal,
State, or County govemment and to address any unforeseen
events or contingencies. The City shall provide the Town with the
amount of the adjustment resulting from unfunded mandates no
later than May 1, 2005, and each year thereafter dudng the term of
the Agreement. Any adjustments to the Annual Fee pursuant to
this subsection shall be effective on October 1,2005 and each year
thereafter. The adjustments contemplated in this subsection shall
be in addition to the annual adjustment set forth below.
C. In addition to the adjustments to the Annual Fee provided in
subsection 4B of this Agreement, no later than May 1, 2005 and
each year thereafter during the term of this Agreement, the Annual
Fee payable by the Town to the City shall be adjusted effective
October 1, 2005 and as of October 1 of each succeeding year of
this Agreement. The annual adjusted compensation commencing
October 1, 2005 and for each succeeding year of this Agreement
shall be determined by incorporating the May All Urban Consumer
Price Index (CPI) in accordance with the Department of Labor -
Department of Statistics or an increase of four percent (4%),
whichever is greater.
D. The City is permitted to invoice residents of the Town for
appropriate emergency medical service and fire inspection fees
under the same terms and conditions as those for residents of the
City.
E. The City's fee for inspection services, in accordance with Chapter
2.5 and Chapter 9 of the City of Boynton Beach Code of
Ordinances, and plan review of existing and new development or
redevelopment within the Town shall be charged directly to the
owner of the existing and new development or redevelopment in
accordance with the applicable City Ordinance.
SECTION 5 EMERGENCY VEHICLE / FIRE APPARATUS
A. The Town will provide one pumper (fire engine), fully equipped with
fire fighting and Advanced Life Support emergency medical
equipment, designed to the City's specifications for use by the City
during the term of this Agreement. Specifications and bidding
Ocean Ridge IA 03/10/04 3
procedures for the acquisition of any new vehicle will be the City's
responsibility. The Town will be responsible for awarding and
entering into a contract for the acquisition of any new vehicle, as
well as financing and payment for the vehicle. Funding for all
necessary equipment and supplies, as well as vehicle replacement
costs, is included in the annual fee as identified in Section 4,
Subsection A of this agreement.
B. The Town shall gain and hold title for any vehicular apparatus or
other equipment paid for by the Town and acquired under this
Agreement, where titles are normally issued, when the Town
makes full and final payment for such apparatus or equipment, and
the title has been transferred.
C. The Town of Ocean Ridge shall acquire, by October 1, 2004, a
comprehensive insurance policy to provide for the repair and/or
replacement of the fire apparatus, defined above, and associated
equipment, should this vehicle be damaged in a vehicular accident,
storm, or similar other circumstance. In addition, this policy shall be
modified to include any additional equipment acquired by the Town
during the term of this Agreement. The face amount of said
insurance policy shall be equal to the original cost of the apparatus
and equipment to be insured, and the Town shall maintain the
insurance policy during the term of this Agreement, as may be
amended from time to time. In addition, the Town shall provide the
City with a copy of the certificate of insurance evidencing such
coverage, and the certificate shall name the "City of Boynton
Beach" as an additional insured under the policy.
SECTION 6 FIRE STATION FACILITIES
A. The City is under no obligation to staff the Town's Fire Station located
at 6450 North Ocean Boulevard on a regular basis, but is responsible
for prompt emergency response, regardless of where firefighting and
EMS staff is located. The City and the Town, upon mutual agreement,
will decide whether to staff the Town's Fire Station, as determined by
call volume and operational needs.
B. In the event the City determines that occupancy of the Town's Fire
Station is reasonable from an operational perspective, the Town
understands that the City will vacate the fire station and the barder
island in the event of an ordered evacuation due to hurricane.
C. In the event the City determines that occupancy of the Town's Fire
Station is reasonable from an operational perspective, the Town
agrees to conduct an architectural and engineering needs assessment
of the Town's current fire station facilities and systems with the
Ocean Ridge IA 03/10/04 4
cooperation of the City within six (6) months of that determination.
The purpose of this assessment is to identify improvements which
may be needed to support assigned personnel and equipment, with
emphasis on personal and facility safety health standards, and all other
applicable federal, State and County standards. The parties mutually
agree to establish a reasonable and responsive schedule for any such
improvements to be made to the Town's Fire Station.
D. In the event the City determines that occupancy of the Town's Fire
Station is reasonable from an operational perspective, the Town
agrees to permit the City to use the Town's Fire Station, its systems
and related site improvements during the term of this Agreement, or
periods of renewal without license fees or utility fees for electricity,
water and sewer services, or storm water assessment fees. The Town
will be responsible for interior and exterior maintenance, as well as the
repair and maintenance of the water, sewer, electrical and air
conditioning systems servicing the Town's Fire Station. The Town will
contract and pay for, telephone service, CAD and computer links, and
use of LP gas for the Town's Fire Station.
E. In the event the City determines that occupancy of the Town's Fire
Station is reasonable from an operational perspective, the Town shall
provide a minimum of six (6) paved parking spaces at the Town's Fire
Station for use by assigned personnel on a 24-hour shift basis.
SECTION 7. NOTICES AND PAYMENTS
All notices and payments between the parties hereto shall be mailed by
certified mail, return receipt requested, and/or fax to the following addresses,
respectively (payments should be sent via certified mail and need only be sent to
the City Manager):
City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Fire Chief
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Town Manager
Town of Ocean Ridge
6450 N. Ocean Boulevard
Ocean Ridge, FL 33435
Ocean Ridge IA 03/10/04 5
-SECTION 8. CODE
A. The City Fire Code, which adheres to National Fire Protection
Association (N.F.P.A.) standards, and Chapters 2.5 and 9 of the City's
Code of Ordinances, as amended from time to time and to the extent
permitted by law, shall apply within the Town municipal limits.
B. City Code of Ordinance Sections 2.5-8, 2.5-9, 2.5-11, 2.5-12, 2.5-
13, as may be amended from time to time, entitled "Alarm Systems"
shall be incorporated herein by reference in this Agreement. The
Town acknowledges that the City has the authority to enforce the
provisions of its Code of Ordinances referred to herein against
residents and businesses within the Town in the same manner as
the City enforces its ordinance provisions against City residents
and businesses. Following execution of this Agreement, the Town
shall notify alarm users within the Town of the City's ability to
collect charges, the amount of charges due pursuant to the City's
ordinances, and the City's authority to request payment thereof
pursuant to Section 2.5-13 of the City Code of Ordinances, "Alarm
Systems". In the event that a Town resident or business files a suit
or claim against the City challenging the City's authority to collect,
impose, or enforce its Alarm System ordinance provisions within
the Town, the Town agrees to pay the City's reasonable attorney's
fees and costs, including paralegal expenses at both the trial and
appellate levels.
C. The City shall promptly provide the Town with copies of all new
legislation, including but not limited to ordinances, resolutions,
policies, or procedures which may be enacted by the City that may
affect Chapter 2.5 entitled "Alarm Systems" and/or Chapter 9
entitled "Fire Protection and Prevention" of the City of Boynton
Beach Code of Ordinances.
SECTION 9. ADMINISTRATION
A. All written rules and regulations, policies and procedures of the City
of Boynton Beach Fire Rescue Department shall apply to the Town
pursuant to this Agreement.
B. Nothing contained in this Agreement shall be construed to
constitute a transfer of municipal powers. This Agreement is an
Interiocal Agreement to provide fire rescue services as authorized
by Chapter 163 Florida Statutes. The Town and City Councils shall
each retain total legislative authority with regard to their respective
municipalities.
Ocean Ridge IA 03/10/04 6
C. Each party to this Agreement will remain liable for its own
negligence and any and all negligent actions undertaken by its
employees and agents in the performance of the obligations
hereunder. Nothing contained herein shall be construed as a waiver
of the applicable sovereign immunity protections or the limitations
of liability set forth in Section 768.28, Florida Statutes.
SECTION 10. DISPUTES
In the event that the Town has a dispute with respect to the City's
performance hereunder, the Town Manager shall notify the City
Manager in writing, advising of the disputed matter. In the event
that the disputed matter is not resolved to the satisfaction of the
Town and the City, the dispute shall be submitted to an arbitrator
mutually agreed to by the parties. If agreement is not reached on
appointment, either party may submit to the American Arbitration
Association for appointment. The decision of the arbitrator shall be
binding.
SECTION 11. TERMINATION
A. Either party may terminate this Agreement upon a minimum of one
(1) year's written notice to the other party, such termination to be
effective at the end of the first complete fiscal year (September 30)
after receipt of written notice to terminate this Agreement. For
example, if either party gives written notice to the other party to
terminate this Agreement anytime after October 1, 2005 and prior
to September 30, 2006, this Agreement shall be terminated on
September 30, 2007. In the event that this agreement is terminated
prior to September 30, 2014, the City will retain control of all funds
designated for future vehicle replacement, if applicable.
SECTION 12. AMENDMENT TO AGREEMENT
A. This Agreement shall not be amended or modified except in wdting
executed by the parties, and approved by resolution of the
goveming body of each party.
SECTION 13. MISCELLANEOUS
A. This Agreement and any amendments thereto shall be filed and
recorded by the City with the Clerk of Court of Palm Beach County,
Florida, in conformance with Section 163.01(11), Florida Statutes.
Ocean Ridge IA 03/10/04 7
B. This Agreement shall be governed by the laws of the State of
Florida. Any and all legal action necessary to enforce, or arising out
of this Agreement shall be held in Palm Beach County, Florida.
C. If any terms or provisions of this Agreement, or the application
thereof to any person or circumstance, shall to any extent be held
invalid or unenforceable, the remainder of this Agreement, or the
application of such term or provision, to any person or circumstance
other than those as to which it is held invalid or unenforceable, shall
be deemed valid and enforceable to the extent permitted by law.
D. This Agreement represents the entire understanding of the parties,
and supercedes all other negotiations, representations, or
agreements, whether written or oral, related to this Agreement.
None of the provisions, terms and conditions contained herein may
be added to, modified, superseded or otherwise altered, except by
written instrument executed by the parties hereto.
IN WITNESS THEREOF, the parties hereto have caused this Agreement
to be executed the day and year first above wdtten.
TOWN OF OCEAN RIDGE
MAYOR
ATTEST:
TOWN CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
TOWN ATTORNEY
CITY OF BOYNTON BEACH
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
CITY ATTORNEY
Ocean Ridge IA 03/10104 8
VI.-CONSENT AGENDA
CITY OF BOYNTON BEAC] ITEM (;.5.
AGENDA ITEM REQUEST FOwv
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon)
[] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon)
[] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business ::~
AGENDA ITEM [] City Manager's Report [] Presentation ~0 :~_<
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION:
Approve a contract with A.T.F. for the use of the Police Department Range.
EXPLANATION:
The Bureau of Alcohol, Tobacco and Firearms (ATF) is requesting the use of our Range in order to conduct firearms
training and qualifications for their agents.
PROGRAM IMPACT:
None
FISCAL IMPACT:
ATF will pay $85.00 per each eight (8) hour of use of the firing line. They will supply their own ammo, which meets
the standards for use on an indoor range.
ALTERNATIVES:
City Manager's Signature
Department Name ~ C~ty Attol~'/]~lnance / Human Resources
S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC
1
2 RESOLUTION NO. R04-
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, AUTHORIZING EXECUTION OF A RANGE
6 AGREEMENT BETWEEN THE CITY OF BOYNTON
7 BEACH AND THE ALCOHOL, TOBACCO & FIREARMS
8 DEPARTMENT FOR THE USE OF THE CITY'S FIRING
9 RANGE, AND PROVIDING AN EFFECTIVE DATE.
10
11 VVI]EREAS, the City is the proprietor of a firing range upon a site situated at 3501
12 N. Congress Avenue, Boynton Beach, Florida; and
13 WHEREAS, the Alcohol, Tobacco & Firearms Department (Department) has
14 requested permission of the City to utilize this firing range for the training of its agents and
15 employees; and
16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
17 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
18 Section 1. Each Whereas clause set forth above is true and correct and
19 incorporated herein by this reference.
20 Section 2. The City Commission of the City of Boynton Beach, Florida does
21 hereby authorizes the City Manager to execute an Agreement between the City of Boynton
22 Beach and the Alcohol, Tobacco & Firearms Department, which is attached hereto and made
23 a part hereof.
24 Section 3. That this Resolution shall become effective immediately upon passage.
25
S:\CAMRESOXA~eementskBBPD - Range Agr -ATF042604.doc
1 PASSED AND ADOPTED this __ day of May, 2004.
2
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6 Mayor
7
8
9 Vice Mayor
10
11
12 Commissioner
13
14
15 Commissioner
16
17
18 Commissioner
19 ATTEST:
20
21
22 City Clerk
23
24
25 (Corporate Seal)
26
27
28
29 s:ca~.e~o~BBPDkRange Agr- ATF 041902
30
S:\CALRESOLaxgreementskBBPD - Range Agr -ATF042604.doc
AGREEMENT
THIS AGREEMENT is made and entered into this 4th day of May Year
2004 by and between the CITY OF BOYNTON BEACH, a Florida Municipality,
hereafter referred to as'~iTY', and Alcohol, Tobacco and Firearms
here after referred to as'DEPARTMENT'.
WITNESSETH:
WHEREAS, the City is the proprietor of a firing range upon a site situated
at 3501 N. Congress Avenue, Boynton Beach, Palm Beach County, Florida; and
WHEREAS, the DEPARTMENT seeks permission of the CITY to utilize
this training apparatus, for the training of its agents and employees;
NOW, THEREFORE, in consideration of the padies' mutual interest and
Objectives in providing professional, competent training, it is understood and
agreed between the parties hereto as follows:
1. The term of this Agreement shall be for a one (1) year period,
commencing on the date of execution.
2. The CITY shall provide supervision dudng any use of, or training
exercise conducted on said range.
3. The DEPARTMENT shall cause its agents and employees to
conform their conduct with regard to the use of the Boynton Beach firing range in
accordance with the law and rules and regulations established by CITY which are
attached and incorporated into this Agreement as if fully set forth herein,
identified as Exhibit"A'.
4. The DEPARTMENT shall provide the CITY written notice of the
date and time it seeks permission to use said firing range.
5. The DEPARTMENT shall reimburse the CITY a usage and cleaning
fee of $85.00 (eighty five dollars) per each eight (8) hours of use of the firing line.
Payment will be required prior to the use of the range. Make checks payable to:
City of Boynton Beach.
6. The DEPARTMENT shall use only munitions that are classified as
clean-fire ammunition for the caliber that will be in use. The only exception will
be shotgun ammunition that is not clear-fire classified at this time (but will be
required when manufactured).
7. The CITY expressly reserves the right to deny use of the range in
the event the intended use of the DEPARTMENT is in conflict with any other use
or training.
8. There shall be no charge to the DEPARTMENT for use of the range
facilities, however, the DEPARTMENT shall be responsible for any costs or
expenses incurred for targets, ammunition, cleaning supplies and other related
training items.
9. If, in the sole discretion of the CITY the DEPARTMENT fails to
reasonably conform to the requirements of this Agreement, the Agreement may
be terminated at any time upon written notice.
10. The DEPARTMENT is not permitted to include any guest,
independent contractor or any other person under the terms or conditions of this
Agreement.
11. Any notice required or permitted to be given under this Agreement
shall be in writing and mailed to:
BOYNTON BEACH DEPARTMENT
City Manager A.T.F
P.O Box 310 505 S Flager Dr
Boynton Beach, FL 33435 Suite 402
West Palm Beach, FI 33401
12. This Agreement is not assignable.
13. The DEPARTMENT assumes all liability and responsibility for
damage, injury or death .arising out of the conduct of ifs agents and employees in
accordance with the provisions of Section 768.28, Florida Statutes.
14. This Instrument contains the entire Agreement between the parties.
it may not be changed orally, but only in writing and signed by both parties.
IN WITNESS WHEREOF, the padies have executed this Agreement on
the day and year first above written.
CITY OF BOYNTON BEACH, FLORIDA
By:
Mayor
Witness
Approved as to form:
Witness
By:
ATTEST: City Attorney
City Clerk (Department)
By:
Witness
Witness
VI.-CONSENT AGENDA
CITY OF BOYNTON BEAC ITEM C.6,
AGENDA ITEM REQUEST FG ..... --. ,,
21 Afl 8: I
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City, Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon)
[] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon)
[] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Please place the attached resolution for an amendment to the 2002/2003 Community
Development Block Grant contract for services for the ,iuvenile Transition Center (JTC) on the May 4, 2004 City
Commission Agenda under Consent agenda.
EXPLANATION: The initial JTC application was received by the Community Improvement Division on the
deadline date of May 6, 2002. However the applicant did not provide a scope of services or a budget in time for
the application to be included among the CDBG sub-grantee contracts approved by the City Commission on
November 19, 2002. This information was not provided until the last week of December 2002.
By that time, however, an issue had arisen as to a potential conflict of interest regarding the official relationship of
one newly elected City Commission member to the JTC. The Department of Housing and Urban Development
(HUD) was asked in December 2002 to determine whether this relationship did in fact constitute a conflict of
interest that would render the JTC ineligible to receive CDBG funding. In the interim, approval of the ,ITC contract
was held in abeyance. HUD finally responded in October 2003 that a conflict did not exist.
Following this HUD determination, the JTC contract was approved by the City Commission on November 18,
2003. However, the budget provided by the applicant, in the approved contract did not contain line items for staff
salaries, accounting fees, liability insurance, supplies or staff development and training. As a result, City staff
denied a JTC reimbursement request, submitted on January 15, 2004, for expenditures in these areas. Requests
for reimbursement of certain other expenditures were also denied due to a lack of adequate supporting
documentation as required by federal regulations.
Of the $7,209.58 reimbursement request submitted by the JTC the City staff determined that only $564.07 was
eligible for reimbursement under the contract and the applicable federal guidelines. However, in a letter dated
January 30, 2004 the City staff also advised the applicant that certain previously denied line items would, with
appropriate documentation, be reconsidered for reimbursement if they were included in an amendment to the
contract approved by the City Commission.
SABULLETINX, FORMS~AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
While accepting the $564.07 payment, the applicant, nevertheless, disputed the staff interpretation of the relevant
federal guidelines. The City Attorney, appealed to HUD on February 18, 2004 for assistance in resolving the
dispute. In a letter received on March 3, 2004 the Miami office of HUD declined to become involved in the dispute
stating that "...it is the responsibility of the City of Boynton Beach ("City") to administer the CDBG program,
consistent with the requirements established by statute, regulations and other guidelines, which apply."
Pursuant to the reply from HUD and a subsequent letter from the City Manager on March 12, 2004, the applicant
has notified City staff, in a letter dated March 31, 2004, of a desire to amend the scope of services in their
contract.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: De.,~)the application for a contract amendmen~
D epDepartment artm~S ~.~e of Development ~/~/~/ / ~~ity Man ager s Sign ature
~rv At'/orn~v / Finance / Human Resources
S:\BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R04-
2
:3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING THE CITY MANAGER TO
5 EXECUTE AN AMENDMENT TO THE 2002/03
6 COMMUNITY DEEVELOPMENT BLOCK GRANT
7 CONTRACT FOR SERVICES FOR THE JUVENILE
8 TRANSITION CENTER (JTC); AND PROVIDING AN
9 EFFECTIVE DATE.
10
11 WHEREAS, the City of Boynton Beach is an Entitlement Community under the Community
12 Development Block Grant (CDBG) Program of the Department of Housing and Urban
13 Development (HUD); and
14
15 WHEREAS, it is the responsibility of the City of Boynton Beach to administer the CDBG
16 program, consistent with the requirements established by statute, as well as HUD regulation
17 sand guidelines; and
19 WHEREAS, the Juvenile Transition Center applied for funding s a CDBG sub-grantee on
20 May 6, 2002; and
21
22 WHEREAS, the sub-grantee contract for the Juvenile Transition Center OTC) was approved
23 by the City Commission on November 18, 2003; and
24
25 WHEREAS, the original budget provided by the JTC, in the approved contract did not
26 contain any line items for staff salaries, accounting fees, liability insurance, supplies or staff
27 development and training; and
28
29 WHEREAS, City staff cannot reimburse the JTC for any federally allowable line items that
30 are not included in the approved budget and scope of services; and
31
32 WHEREAS, the applicant has notified City staff, in a letter dated March 31, 2004, of a
33 desire to amend the scope of services in their contract;
35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
36 CITY OF BOYNTON BEACH, FLORIDA, THAT:
37
38 Section 1. The foregoing Whereas clauses are tree and correct and are now ratified and
39 confirmed by the City Commission.
40
41 Section 2. That the existing 2002-03 CDBG sub-grantee contract for the Juvenile
42 Transition Center is hereby amended to include additional budget line items involving staff
43 salaries, accounting fees, liability insurance, supplies and staff development and training to
44 the extent allowable under federal guidelines.
45
S:\CA~:iESO~Agreements\Grants\CDBG Award - JTC 2002-03.doc
1 Section 3. That all expenditure reimbursements under the amended contract shall be in
2 accord with the provisions of applicable HUD rules and regulations, including the Uniform
3 Administrative Requirements and OMB Circular A-122, Cost Principles for Non-Profit
4 Organizations.
5
6 Section 4. The City Commission of the City of Boynton Beach hereby authorizes and
7 directs the City Manger execute an amendment to the 2002/03 Community Development
8 Block grant contract for services for the Juvenile Transition Center.
9
10 Section 5. This Resolution shall become effective immediately upon passage.
12 PASSED AND ADOPTED this __ day of May, 2004.
14 CITY OF BOYNTON BEACH, FLORIDA
17 Mayor
20 Vice Mayor
22
23 Commissioner
24
25
26 Commissioner
27
28
29 Commissioner
30 ATTEST:
31
32
33 City Clerk
34
35
36
37
S:\CA~lESO~greements~Grants\CDBG Award -JTC 2002-03.doc
1 ST AMENDMENT TO AGREEMENT
BETWEEN THE C1TY OF BOYNTON BEACH, FLORIDA
AND
THE JUVENILE TRANSITION CENTER, INC.
THIS AGREEMENT constitutes the First Amendment to the Agreement between the
CITY OF BOYNTON BEACH (CITY) and the JUVENILE TRANSITION CENTER, INC., (JTC);
WHEREAS, City staff recommended to the City Commission approval of an Agreement for
services for Community Development Block Grant funding for JTC; and
WHEREAS, the City Commission in reliance on staff's review and recommendation
approved the Agreement by Resolution No. R03-84; and
WHEREAS, the City staff has confm-ned its recommendation for funding and for amendment
to the 2002/2003 Community Development Block Grant contract to allow JTC to conform its scope of
services (Work Narrative) to conform to the work actually performed as evidenced by JTC's written
submission and thereby satisfy all conditions for receiving grant funds;
NOW, THEREFORE the parties agree as follows:
1. The foregoing WHEREAS clauses are true and correct.
2. Exhibit "A" Work Narrative of the Agreement between the City of Boynton Beach
and the Juvenile Transition Center, Inc., is amended to conform the description of
work to be performed by the Agency (JTC) to the documents heretofore submitted by
the JTC to the City's administrative staff. Additionally, Exhibit "A" is amended to
authorize funding of $7,500 to JTC as reimbursement for the services provided.
3. All other terms and conditions of the Agreement are ratified by the parties and shall
remain in full force and effect, including but not limited to, the
audit compliance obligations of JTC.
WITNESS our Hands and Seals on the day of ,2004.
ATTEST:
JANET PRAINITO, CMC
CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
CITY CLERK MAYOR
APPROVED AS TO FORM:
CITY ATrOKNEY
THE JUVENILE TRANSITION CENTER, INC.,
BY:
TITLE:
(COKPOKATE SEAL)
The Cil!l o Bo lnton Beach
DEVELOPMENT DEPARTMENT
DIRECTOR'S OFF[CE
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Flodda 33425-0310
TEL: 561-742-6350
FAX: 561-742-6089
www.boynton-beach.org
Apdl 5, 2004
Ms. Stephanie Mingo-McKoy
Juvenile Transition Center
P.O. Box 4102
Boynton Beach, FL 33424
Re: Juvenile Transition Center
Dear Ms. McKoy:
This letter will acknowledge receipt of your letter dated March 31,2004 requesting an amendment to
the Juvenile Transition Center sub-grantee contract for the 2002-2003 fiscal year. Your request,
along with appropriate background information, will be forwarded to the City Commission for
consideration at its meeting of May 4, 2004.
It is understood that your request for a contract amendment is for the purpose of secudng
reconsideration of certain items that were disallowed in your previous request for reimbursement.
As indicated in my letter of January 30, 2004, should the City Commission grant your request for a
contract amendment, this office will re-evaluate any documentation you may have that would
support the previously disallowed items.
.... ConSiS~ent-Wi~h OUr· resp(~nsibi~ity a~ a' C, DB~ En~iti~ment C°mrnun~{y, Y°U can .....
be assured that this
re-evaluation will be conducted in accord with the requirements of Department of Housing and
Urban Development (HUD) Rules and Regulations 570.502, Subpart J, Application of Uniform
Administrative Requirements, and OMB Circular A-122, Cost Principles for Non-profit Organizations.
These criteria are applied uniformly, and without exception, to all reimbursement requests from sub-
recipients.
Please feel free to contact me if you have any questions.
Sincerely,
Quintus Greene
Development Director
Xc: Kurt Bressner, City Manager
Jim Cherof, City Attomey
Octavia Sherrod, Community Improvement Manager
P.O. Box 4102
Boynton Beach, FL 33424
(561) 742-6557
March 31, 2004
Mr. Quintus Greene
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Dear Mr. Greene:
This letter shall constitute the Juvenile Transition Center's request to amend its scope of
services submitted December 27, 2002 via email, to reflect the supporting reimbursement
documentation we sent immediately following the City Commission's approval in November
2003. The JTC provided services in good faith and in the interim we incurred program costs,
which we believed would be reimbursed by the City of Boynton (CDBG grant) without incident.
Although this grant was awarded to the Juvenile Transition Center in August 2002 the City
Commission didn't approve it until November 2003, which further complicated matters.
Because the contract was approved after the contract period, it would be impossible to incur
costs for a period that has already passed. Unless, those costs were incurred during the
Contract pedod 2002-2003, that is the justification for this request. In the spirit of this request,
we take full responsibility for accuracy and authenticity of all documents submitted from our
office relative to this grant. We further acknowledge that as a sub-grant recipient we remain
under the audit and. indemnification provisions of the Grant Agreement. In theevent .a
subsequent audit establishes any irregularity in funding, we may be required to refund a
portion of the grant or to indemnify the City.
I feel confident that this amendment will resolve this 2-year old issue. Additionally, we look
forward to a continued developing partnership with the City of Boynton Beach to enhance the
quality of life for all citizens.
Respectfully,
~Ste~anie Mingo- rv~Ko~, President~
cc: JTC Board Members
Boynton Beach Mayor & Commissioners
Jim Cherof, City Attorney ".
Kurt Bressner, City Manager _
Ann Chavis, HUD Program Manager
Alcee L. Hastings, Congressman FL-23
ql~e oTuveniFe ~Yransition Center, Inc.
1901 ~. Seacrest $£va(.
$oynton $each, q~£ 33435
(561) 742-6556
March 31,2004
Scope Of Services
Targeted Population- In-school youth ages 13-18.
Operations Hours-The ESTEEM program times are from 3pm-6pm Tuesday-Thursday.
Services to be Provided-The ESTEEM youth will be given assistance on their
homework assignments, offered tutoring in the subject areas where they' re deficient,
offered computer refreshers and an opportunity to earn field trips contingent on their
attendance and academic achievement (measured by their program progress and report
cards).
TIMELINE FOR SERVICES Anticipated Date Amount
Staff Salary Already expended $1,989.89
Youth Stipends Already expended $56.80
Community Projects (Outreach) Already expended $685.80
Accounting Fees Already expended $861.60
Telephone Service Already expended $393.39
School Supplies Already expended $1,078.35
(Book Bags, Papers, Pens, etc)
Collegiate Activity Already expended $540.00
Transportation Already expended $79.75
Staff Development/Training Already expended $571.60
Insurance (Prof. Den. Health, etc) Already expended $954.40
Bank Fees Already expended $290.42
TOTAL REIMBURSEMENT $7,500.00
Should your office require additional information, please feel free to contact our office.
SCOPE/PROGRAM HIGHLIGHTS
Subject: SCOPE/PROGRAM mGltLIGItTS
Date: Fri, 27 Dec 2002 15:32:50 -0500
From: Stephanie Mingo-McKoy <chillout~bellsouth.net>
To: "Sherrod, Octavia" <SherrodO~ci.boynton-beach. fl.us>
I'm leaving town tomorrow, so I'll see you when I get back. Have a
Happy and Healthy New Year!
S. Mingo-Mckoy
i~ Name:. CDBGESTEEM status2002, doc
il ~DBGESTEEM s~tus2002.doc Type. WlNWORD File (application/msword)
!l ............................................ Erie°ding: base64 .
Name: ScopeofServices2002-2003.doc
~Sco[~eofServices2002-2003.doc Type: WlNWORD File (application/msword)
Encoding: base64
[ of 1 3/31/04 2:30 PM
190I ~r~att~'tion Ce~tteg, Inc.
~oynton oeacreat
(-Y6~ O ?4~p. - 33435
8cope OfserVic~
card~ ~'~: and a~a.~__ ."'~'~ aOd .. _*'"g ~ the su~,' ~ven assi~o ~Y.
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~e ~y ~ ~ is
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8h°~dYo~ o~ . ..
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.. AGREEMENT BETWEEN THE. Cl-rY OF BOYNTON BEACH
AND
THE 3UVENZLE TRANSI'T/ON CENTEI~ ZNC.
TH[S AGREEMENT, entered' in~ this /~;~' day of //~J~)i/~ rv~J~-r-., 200A~, by-and between
the City of Boynton Beach, a political subdivision of the State of Flodda~ for the use and benefit 'of its
-Community- ~evelopment-. Block-Grant- Program. and .The -Juvenile -T~ansition-C~nter,-.-[nc.; a-non-profit
corpOration duly organized and existing by virtue of the laws of the State of. Flodda, having its principal
mailing address as post Office BOx 4102, Boynton Beach, FL 33424, and its Federal Tax Identification
Number as 6.5-0770795,
Whereas, .The Qty' of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas, of the City'of BOynton Beach, pursuant
to Title ! of the Housing and Community DeveloPment Act of 1974, (as amended);
And
Whereas, certain City of BOynton Beach Citizen participation Structures, the commission of the City of
BOynton Beach and The ,luvenile Transition Center, ][nc., desire to provide the activities specified in Part
LI of this contract;
And
Whereas, the City of Boynton Beach desires to engage The .luvenile Transition Center, ][nc. to
implement such undertakings of the 'Community Development Block Grant Program. Now, therefore, in
consideration of the mutual premises and covenants herein contained, it is agreed as' follows:
:pART Z
DEI~NIT~oN AND PURPOSE
A. Deflnrdons;
1) ~city~ means Ob/of .Boynton Beach
2) "CDBG~ means Community Development Block Grant program, of the Ob/of Boynton
3) "CID~ means Community ~[mprovement Division
4) ~The Agency" means The -luvenile Transition Center, ]~nc.
Page 1 of 15 I~ ~ ,t
5) "aD. Approval" means the wdtten approval of the' Director of Development or
· designee at,er a request or a report has been properly processed in accordance with
the C[D Polides Procedures
6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development
ora person authorized tx) act on U.S. HUD behalf
7)"Low and Hoderate [ncome Persons" means the definition set by U.S. HUD
B. Pu _roose:
The purpose Of this Agreement is to state the covenants and conditions under which the Agency will
implement the Scope of Services set forth in Part ]~ of this Agreement. The benefldades of a project
funded under this Agreement must constitute a majodty (5:[%) of Iow- and moderate-income persons.
PART Z]~-
SCOPE OF SERV'ZCE$
~The Agency shall, in a satisfactory and proper manner as determined by CZD, perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget,
Exhibit UA", and submit invoices using the cover sheet in Exhibit ~B'; both of which are attached hereto
and made a part hereof.
PART.ZZ!
COMPENSA'rZON, 'I"ZME OF PERFORNANCE~ METHOD AND CONDZI'ZONS OF PAYI~IE~
A. Maximum Comoensation
The Agency agrees to accept as full payment for eligible services rendered pursuant to this. Agreement
the actual amount of budgeted, eligible, and Director of Development or designee-approved
expenditures and enCUmbrances-made by the Agency under this Agreement. Said-service shall be
.performed 'in a manner satisfactory to CZD. tn no event shall the total compensation or reimbursement
to be paid hereunder exceed. the maximum and.' total authorized sum of $7,500.00 for the Pedod of
October I; 2002 through september 30, 2003.
Further budget changes within the designated contract amount can be approved in wdting by the
Director of Development Or designee at their discretion up to ten-percent (10%) on a Cumulative basis.
of the contract amountdudng the contract period.
Such requests for,changes must be made in writing by 'the Agency to the Community ImProvement
~ Manager. Budget changes in excess .of this ten percent (t0%) must be approved by the Commission of
I ~.. the. City of Boynton Beach.
B. Time of Performance
The effective date of this Agreement'and all dghts and duties designated hereunder are contingent upon
the' 'timely-release-offtinds-for-this-project-Jn 'U;-S ;-I-IL-ID ~nl munity--Development--Block. Grant ~No;-B-e2-
MC-Z2-0043. The effective date shall be October 1, 2002, or the. date of release of funds by U.S. HUD,
Whichever is later.
The services of the Age.ncy shall commence upon execution of this Agreement or receipt of an Order to
Proceed in wdting from C3D, and shall be undertaken and' completed in light of the purposes 'of this
AgreemenL In any event, all services required hereunder shall be completed by the Agency by
September 30, 2003.
C. Method of Payment
,The City agrees to make .payments and/or'to reimburse the Agency for all eligible budgeted costs
permitted by Federal, State, and City guidelines. [n no event, shall the City provide advance funding to
'the Agency or any Subcontractor hereunder. Requests bY the Agency for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted
to CID for approval no later than thirty (30) days alter the date the indebtedness was incurred.
'Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Agency and CID. For purposes of this section, originals of
invoices, reCeiPts, or other evidence of indebtedness shall be conside.~ proper documentation. In the
case of direct payments, original Invoices must be submitted to CID. Proof of payments to vendors
must be submitted in the form of cancelled checks paid invoices and. delivery slips if applicable; proof of
payment must be received if any additional funds are to be disbursed..
'when Original documents cannot be .presented, the Agency must .adequately justify their absence, in
Writing, and furnish copies. ];nvoices shall not be honored if received by the.'City of Boynton Beach
Rnance Department later. than. thirty (30) .days after the expiration date of this Agreement, nor will any
invoices be honored that predate the commencement date of this agreement.
Page 3 of 15
D. Conditions on which. Payment is coni~ntient:
1) Implementation of ProJect According to Required Procedures
~The Agency. shall implement this Agreement in accordance-with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the CID Policies, and amendments and
additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and
codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Polides
.... ~nd"Procedures.'--'No-reimbursements-;witl -be~made-without *evidence~Of-appropriatefinsurance-required
by this Agreement on file With CID in accordance with Part [V, Section G of this Agreement. No
payments will be made until the agency's personnel polities are approved by the DireCtor 'of
Development or his designee CID Manager. No payments for multi-funded prOjects will be made until a
cost allocation plan has been apprOved by the C/D Manager or his designee and placed on file with CID.
'Should a prOject receive additional funding at,er the commencement of this Agreement, the Agency shall
notify CID in-writing within thirty (30) days of their notification by the funding source and submit an
apprOved cost allocation plan within forty-five (45) days of said official notification.
2) Rnancial ACCOuntability
l~e City may have a finandal system analysis and an internal fiscal control evaluation of the Agency by
~n independent auditing firm employed' by the Oty or by the. Oty ]ntemal Audit Department at any time
the Oty deems necessary to determine .the capability of the Agency to fiscally manage the project in
accordance with Federal, State, and Ob/requirements.
3) Subcontracts
Any work or services subcontracted, hereunder shall be' specifically. by written contract, Wdtten
agreement, or purchase order and shall be subject to each provision of this Agreement. PrOper
documentation in accordance with City, State, and Federal guidelines and. regulations must be submitted
by the Agency to CID and approved by C:[D prior to exec~tion of any subcontract hereunder. In
addition; all subcontracts shall be subject to Federal, State, and Oty laws-and regulations.
None of the Work or services covered by this Agreement, including but not limited to consultant work or
services,, shall 'be subcontracted or reimbUrsed *without the prior wdtten approval of the CID Hanager or
his designee.
L
Page 4 of :[5
4) Purchasing
All purchasing'for services and. goods, including caPital equipment, shall be made by purchase order or
[by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by
reference.
· .-5) . ~Reports~ A. udits end .Evaluations ....
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by CZD and the City and satisfactory audits by the Internal Audit
Department of the City and Federal Government if required. All reports (monthly, bi-weekly, eh:.) will
be due within the time prescribed by.this Agreement and the attachments hereto following the execution
of this' Agreement.
6) Additional C:ZD, cTrY and U.S. HUD Requirements
· CID shall have the right under this Agreement to suspend or terminate payments until the Agen_cy
.complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time.
7) Prior Written Approvals - Summary
The following includes, but is not. limited to, activities that require the prior written approval of 'the CID
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) Ail capital equipment expenditures of $1,000 or more;
c) All out-of-town-travel (travel shall be reimbursed ~in accordance .with the provisions of Rodda
Statutes, Chapter 112.061);
d) All change orderS; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
8) Program Generated ~[ncome
All income earned by the 'Agency from activities financed in whole or in part by CDBG funds must be
rePOrted to CID. ·Such income '.would-include, but not be limited to income from service fees, sale of
?
:ommodities, and rental or usage fees. In addition to rePOrting said income, the Agency shall report to
Page 5 of 15
CID the procedure developed to-utilize program income to offset project costs.- If program income is
used to extend the availability of services provided by the Agency through this 'Agreement, the pdor
i wdtten approval of the Director of Development c~t his designee will be required. Accounting and '
disbUrsement of program'.income shall be consistent with the procedures outlined in OMB.Orculars A-
110, and other applicable regulations incorporated herein by reference.
-' 9) .... SalaryRates and-Increases
All rates of pay. and pay increases paid out of CDBG funds, whether they be for the reason of merit or
cost of living increase, are. sUbJect to CID's pdor approval. Pay rates and increases paid out of CDBG
fUnds shall be consistent with the aty of Boynton Beach's Personnel Department, and subject'to pdor
established guidelines.
PART ~V
GENERAL COND2'T~ONS
-A. Opportu,niUes for Residents and Civil Rights Compliance
The Agency agrees that no person shall, on the grounds of race, color, mental or Physical disabili.ty,
,naUonal origin, religion or sex be exduded from the benefits of, or be subjected to discrimination under
~ny activity carried out by the performance of this Agreement. Upon receipt of evidence of suCh
~discri- 'minaU°n, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities
for training and emploYment; and to the greatest feasible extent eligible business concerns located in or
· owned-in substantial part by persons residing in the project areas shall-be awarded contracts, in
connection with the project.
8.- -O0oortunities for Small. and Hinodty/Womert .Owned Business.Ente. _rprises
In the procurement of supplles~ equipment, construction, or services to implement this Agreement, the
Agency shall make a posiUve effort to utilize small and minority/women-owned business enterprises as
SOurces of supplies' and services,' and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed Pursuant to this Agreement. [n the maximum extent feasible,
these small and minority/women-owned business enterprises shall be located in or owned by residents
of the CDBG areas designated by. the City of Boynton Beach in its Annual ConSOlidated Plan approved by -.
U.. S. HUD. At 'a~rninimum, the Agency shall comply with the Section 3 Clause of the HouSing and
~"ommunity l~velopment'Act of 1068.
C. -project Beneficia.des
)At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be Iow-
~and moderate-income pemons. Since the project is located in an entiUement dty, as defined by U.S.
HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this
Agreement must reside in the City of Bognton Beach.
The project funded under this agreement shall assist benefidades as. defined above for the time pedod
· -designated~in Exhibit ."~A~.of-this-Agreem ent.-- .The-Agency~hall-provide-writtenverificatiOn~of-compliance ....
to CID upon CID's request.
. D. Evaluation and Monitoring
The Agency agrees that CZD will carry out periodic monitoring and evaluation activities as determined
necessary by CID or the City and that the continuation of this Agreement is dependent upon sati.'sfactory
evaluaU°n conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports and output
measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make
.copies oi' transcriptions of such records and information in connection with services'to be provided
i~ereunder. The Agency shall submit on a monthly basis, and at other-times the request of CID,
upon
Information and status reports required by CID, the City,. or U.S. HUD on forms approved by CID.
Monthly Grantee Performance Reports 4949.2 (Activity .Summary)' and 4949.5 (Direct Benefit Activities)
will be required. This information will include: (:[) detailed informaUon on the' status of the proJect(s)
and status of funds; (2) the number of clients served by census tracts; (3) the number of Iow-and
moderate-income persons; (4) radal breakdown; and (5) the number of female-headed households. In
the event 'that this Agreement should provide funds for 'capital improvements projects, the Agency shall
be responsible for providing all necessary and pertinent informaUon 'to .~D in order to allow for
completion. of Grantee-Performance Reports. However, this excePUon shall apply only to capital
.improvements activities.
E: Audits and. Inspection~
At any time during normal business hours and as 'often as C~D, the City, U.S. HUD or the COmptroller
General of the United States..may deem necessarY, .there shall be made available by. the Agency to ~D,
the City, U,S. HUD or the. ComPtroller General for examination all its records with respect to all matters
iovered 'by this Agreement. The Agency will permit C~D, the atyl u.s. HUD, or the ComPtrOller General
Page 7 of :tS
to audit and examine all contracts, invoices, materials, payroll, records of personnel, condiUons of
employment and other data relating to all matters covered, by this Agreement.
[The City will require, in accordance with OHB Circulars A-[z0, A-133 and other applicable regulations,
the Agency to submit an audit by a Certified Public Account~ of the Agency's choosing, subject to CID
within one hundred and eighty (~.80) days after the expiration of this agreement. Thecost of said audit
should be borne by the Agency. The C~y will be responsible for providing technical assistance to the
'~'Agency;-as'deemed'nec~eSSary~by-either'party. · ......
· F. Data Becomes Ci~ Property
All reports, plans, surveys,' information, documents, maps, and other 'data procedures developed,
Prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the
property of the City without restriction, reservation or limitation of their use-and shall be made available
by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated
under this Agreement, copies of all documents and records relating, to this Agreement shall be
surrendered .to CID, if requested. In any event, the Agency shall keep all documents and reCords _for
three (3) years after expiration of this Agreement.
~G. [ndemnifi.cati°n and [nsurance
The Agency reCognizes that it is an independent Contractor and stipulates or implies no affiliation
between itself and the City. The Agency shall indemnify and save the City harmless from any and all
daims, losses, damages and'causes of actions which may 'arise out of the performance of this
Agreement, including costs and expenses for or' on account of any or all suits actual or threatened. The
Agency 'shall pay all claims, and losses of any nature whatsoever in. connection, therewith including costs
and. attorney's fees, and shall defend all' suits relating to this Agreement, and shall pay all costs and
judgments which may result. [n particular, the'Agency will' hold the Qb/harmless and will indemnify the
City for funds which the City is obligated to refund the Federal Government arising out of the conduct of
a~vities and administration of the Agency. The Agency's' aforesaid indemnity and hold harmless
obligations, or portions or applications thereof,, shall apply to .the fullest extent permitted by law, but in
-no event shall they apply to liability caused I~y the negligence or Willful misconduct of the. C~/, its
respectNe agents,' servants, employees or officers, nor shall the liability limits Set forth, in' 768.28, Rodda
Stabjtes, be waived.' '
Page 8 of 15
~At all times dudng-the terms of this Agreement, the Agency shall maintain in force.Comprehensive.
Uability [nsurance, induding for personal injury, bodily injury, property damage and
iGeneral
coverage
~contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by
a. Certificate of [nsurance, which must also provide documentation or workers compensation-for your
employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-
"renewal;-or'any-adverse' change in -coverage.
H. Haintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agency's services. This
Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The
Agency agrees to maintain'a level of activities and expenditures, planned or existing, for projects similar.
to those being assisted under this Agreement which is not less than that level existing-prior to. this
Agreement.
· .I. Conflict of Interest
iThe Agency agrees to abide by and be governed by Office of Hanagement and Budget Circulars A-110
~pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
The-agency further covenants that no person who presently exercises any. functions or responsibilities in
connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities
provided under this' agreement which would conflict in' any manner or degree 'with the performance of
this Agreement and that nO person having any 'conflict of interest shall be employed by or'sUbcontracted
by the Agency. Any possible conflict of interest on the part of' the Agency .or its' emplOYees shall be
disclosed in wdting to CID provided~ however, that this paragraph shall be. interpreted in such a manner
so as not'to unreasonably impede the statutory requirement, that maximum opportunity be provided for
employment of and partidpation of loWer-income residentS of the project target area.
.1. Citizen Partici_oatiOn
Agency shall cooperate with CID in in.forming the appropriate CDBG atiZen Partidpation Structures,
including the appropriate Area Committees~ of.the-activities 'of the Agency in carrying' out the provisions
pr this Agreement. Representatives of'the Agency shall attend meetings of the appropriate Committees
Citizen Participation Structures upon the of CID. or the City.
i~nd
request
Page 9 of 15
K. prOject -Pubti~itv
iNI facilities purchased or constructed pursuant to this Agreement should be dearly identified' as to
~Unding source. The Agency will include a reference to the finandal support herein provided by City of
Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good
faith effort to recognize City's support for all activities made possible with fund available Under this
agreement.
L. Contrad; .Documents
The following dOCUments are herein incorporated by .reference and made part hereof, and shall
conSatute and be referred to as the contract; and all of said documents taken as a whole constitute the
· contract between the parties hereto and are as fully a part of the contract as if they were set forth
verbatim and at length herein:
1) This Agreement including its EXhibit~
2) Office of Management and. Budget Circulars A-110, A-122 and A-133
3) T'~e VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of
1975, and 1Tde tt of Title V[ of the Civil Rights Act of' 1964, Age Discrimination the Americans
~ With Disabilities Act of 1990
4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 ·of the Housing and Community Development ACt of 1974
5) Executive Orders 11063, 12259, 12892, the Fair 'Housing Act of 1988 and Section 109 of the
Housing and Development Act of 1974
6) Fk~da Statutes, Chapter 112 and
7) Qty of Boynton Beach PurChaSing Ordinance
8) Federal Community Development Block Grant Regulations (24- CFR Part 570), as amended
9) The Agency's Personnel Policies and .]ob Descriptions
10) The Agency's Incorporation .Certificate. and Articles of Incorporation
11) .The Agency's by-laws
12) The Agency's Certificate'of Insurance and Bonding
· 13) . Current.list of the AgenCy's Officers and members of Board of Directors
14) Proof of Agency's 501(D(3) certification from .Internal Revenue Service (IRS). All of these
documents .' are filed .and will be .maint~.ined on file at the office of Community [mprovemenL'-
~ One. (1) c~py of the COntract 'documents I through 8 will be furnished to the Agency by CID.
[terns 9 through 14 above shall be'transmitted to
Page 10 of 15
M. TerrrlinaUorl -.
I[[n the event of termination for any of the following all finished or unfinished documents, data studies,
~urveys, drawings, maps, models, photographs, reports prepared and capital equipment secured 'by the
Agency with CDBG funds under this Agreement shall be returned'to r the City of Boynton Beach.
In the event of terminaUOn, ~he Agency shall not be relieved of liability to the City for damages sustained
· by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any
- · payment-.to, the-Agency-unti~ such-time as-the ~xact*amount of~damages-cluetcrthe-City from the Agency
is determined.
1) TerminaUon for Cause.
Tf through any cause the Agency shall fail to fulfill in a Umely and proper manner its
obligations, under this Agreement, .or if the Agency .shall violate any of the covenants·
agreements, -or stipulations of this Agreement, the City shall provide the Agency with written
notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30)
calendar days to remedy the failure or violation. In the event that the Agency does not
remedy the failure or violation, within the thirty (30) day calendar period, the CRy then has
the dght to terminate this Agreement or-suspend payment in whole or part by giving written.
notice to the of such termination suspension of and the effective
Agency
or
payment
specify
date thereof, at least five (5) working days before the effective date of termination or
sUspensiOn.
2) Termination for Cqnvenlence
At any time during the.-term of this Agreement, either party may~ at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other
party. Upon terminatiOn, the City shall pay the Company for services rendered pursuant to
· this Agreement through and including the date of termination.
3.) [n the event the grant to the City'under Title ! of the HOusing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be sUspended or
terminated effective on thedate U:S. HUD specifies.
N. Severability'. of'Prqyisio, ns
If'any provision of this Agreement is held invalid, the remainder of this Agreement shall not be. affected
thereby if such remainder would then 'continue to conform to the terms and requirements of applicable.
itW.
Page 11 of 15
O. Levera_ainq ...
!The Agency agrees to seek additional suppo~CiVe or replacement funding from at least bNO (2) other
)~Unding sourceS. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds.
Proposals to other agencies'will be made in wdting and a copy of'such provided to CID.
P. Amendments
The City may, at its discretion, amend this A_greement to conform to chaqges req. uired ..by Federal, State~
County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach. Commissioners; Except as otherwise, provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both parties.
q. Notice
NI notice required to be given under this Agreement shall be suffident when. delivered to CID at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Rorida, 33435; and to the Agency when delivered
to its office at'the address listed on Page One. of this Agreement.
',. Independent Contractor
~,.xcept .as duly noted in Part LE, Section D(9);' the Agency agrees that, in all matters relating to this
Agreement, it will be' acting a an independent .contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City emploYees
relative to empJoyment compenSaUon and employee benefits.
S. Public Entity_ Crimes
As provided in F.S. 287.132-133, by en.~ng into this contractOr or performing any work in furtherance
hereof, the .COntractor certifies that it, its affiliates,, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of Rorida
Department of. Management Services within the-36 months immediately preceding the date hereof. F.S.
287.z33(3)(a) requires this notice.
Page 12 of 15
.... THE 3UVENI'LE TRANSITION CENTER, 1'Nc.
EXHI~BI'T A
~ WORK NARRATI'VE
Z. The Agency agrees to:
II. The ab/Agrees to:
A, Provide up to $7,$00.in funding as follows:
Total ......................................................... $?,500.00
. B. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable
Federal, State and Oty regulations to this Agreement.
' C. Provide overall'administration and coordination activities *to ensure that planned activities*
are completed in a timely manner.
· D. Monitor the agency at any time dudng the term of this Agreement. Visits* may be
scheduled or unscheduled as determined by C/D, be conducted, by C:[D staff or its
contractor, and will ensure compliance with U.S. HUD regulations, that planned activities
am conducted in a timely manner and verify the accuracy of repOrting, to C:[D on program
activities.
THE 3UVEN J.E TRAN ON CENTER, ZNC.
EXmBZT B
STATZONERY
Page 1~ of ~5
~ ... THE 3UVENTLE TRANSITJ:ON' CENTER,
EXHZBZT B
I LETFERHEAD STA1/ONERY
To: Octavia S; Sherrod, Community Improvement Manager
Community [mpmvement Division
..... -E~/-of-Boynton.Beach .
P. O. Box 310
Boynton Beach, Rorida 33425-03~0
From: [Name of Sub-grantee]
[Address]
[Telephone]
Subject: INVO[CE RE[MBURSEMENT'
~,ttached, you will find [nvoice #' , requesting reimbursement in the amount of $ . The
expenditures for this invoice covers the period [date] through [date.]. You will also find attached I~ck up,'
Original dOCumentation relating to the expenditures being involved.
APPROVED FOR PAYMENT- Octavia S. Sherrod, CommUnity Improvement Manager.
Page 15 of 15
~T. Countemart~ of This.Agreement
~This Agreement,'.consisting of thirteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and- such
Counterparts will constitute.one and the same Instrument.
"wITNESS ourHands arid'Seals-on'the I ~' day'of ~~tv~ ~ , o~OO3.
A'iTEST:
3ANET PRAiNFFOi CIVIC
CI-IY CIERK, CI-I'Y OF BOYNTON BEACH,. FLORIDA
Political SubdMsion 'of the State of Rodda -
TO FORM:
THE .1UVENILE TRANSZI'ZON CENTERv ZNC.
By:
.TIUe:
(CORPORATE SEAL)
Page13of15
1~ E. Boynton Beach Boulevard
BOyntz~ ~h, Florida 33425-0310 Ii!
C'~y I~Mmo~)~$ 01~: (561) ?~2-6010
March 12, 2004
Ms. Stephanie Mingo-McKoy
Juvenile Transition Center
P. O. Box 4102
Boynton Beach, FL 33424
Dear Ms. McKoy:
The City Attorney has provided me with a copy of HUD's March 1, 2004, letter rejecting the City
Attorney's request for assistance in resolving the disagreement over distribution of grant funds. As
noted in the letter from HUD's Chief Counsel Sharon M. Swain, "the City has the responsibility to
review the documents submitted by Juvenile Transition Center and must make a determination from
the data the claimant has submitted." To resolve those issues, which arise from disparity between
the grant application and the supporting documentation, the City Attomey has reCOmmended that the
grant application be conformed to the supporting documentation. He has also advised that that can
be accomplished by you making that request, in writing, directed to the Development Director. Mr.
Cherof has drafted theapp~priate request a_nd it_is suggested thatyou pla~c.~e t~a_t langu_age o~n JTC
- ~tt~rhe~d a-nd'Sub-m~l it to the Development Director.
Authority for review of grant applications and requests for disbursement of grant funds is vested in
the Development Director and his staff. Accordingly, I have no independent authority to order his
approval of, grant documents but must rely on the integrity of his process in doing so. That being the
case, although I can provide no guarantee to you which reimbursement requests he Will approve, I
can assure you that his review will be complete and immediate so that there is no further delay in
bringing this matter to a conclusio~.
Thank you for your patience in this matter and for your effort 'on behalf of the community for taking
leadership of the Juvenile Transition Center Program.
Kurt Bressner
City Manager
C: Jim Cherof, City Attorney
Quintus Greene, Development Director
Octavia Sherrod, Community Improvement Manager
A~.I~RICA '$ OAZ~, WA Y ~0 ~ GULFSTRE&kl
Proposed letter for Stephanie McKoy signature on JTC letterhead
From JTC to Quintus Green
This letter shall constitute the JTC's request to amend its application for funding as submitted
November 18, 2003 to conform to the supporting documentation that we have submitted to you
and your staff following the City Commission's approval of our grant request.
We acknowledge that the form of application amendment and submittal may not satisfy the
standards you are currently applying to grant reimbursement requests but we nonetheless believe
it meets the spirit and intent of the grant program as approved by the City Commission. We
further acknowledge that as a grant recipient we remain under the audit and indemnification
provisions of the Grant Agreement and that if subsequent audit establishes any irregularity in
funding, we may be required to refund portions of the grant or to indemnify the City.
Mar 03 04 10:55a CIt~ Attorney's O~Fice 561-742-8054 p.2
~.~,~;mo~. U.S. Department of Housing and Urban Oevelopmem
~r ~[]~ ~r ~ Region IV, Miami Field Office
'% ~ll ~ Brickell Plaza Federal Building
o,, ~llall# .~ 909 SE First Avenue, Rm. 500
~'a4~ o~° Miami, FL. 33131-3028
James A. Cherof
City Attorney
City of Boynton Beach
100 E. Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Florida 33425-03
DmrMr. Ch~ofi
Subject: Juvenile Transition Center, Inc.
We have received your letter of February 18, 2004, forwarding thc request for
reimbursement submitted by Juvenile Transition Center for review and processing by our
Dcpa,~,mcnt;. - As-you arc aware,/t/rthex~-onsi~ity-o~vfBo~to~B~aehT'City")ffo ' -
administer the CDBG program, consistent with the requirements established by statute,
regulations and other guidelines, which apply. It is our privilege to provide guidance and
technical assistance to the City in carrying out its responsibility under the CDBG program. That
assistance however does not include the processing of vouchers for payment submitted by sub
recipients of tho City's programs.
We are familiar with the ongoing dispute between the City and the Juvenile Transition
Center. We have spent a significant amount of time with the parties attempting to arrive at a
resolution, without success. At this juncture, the City has the responsibility to review ;he
documents submitted by Juvenile Transition Conter and must make a determination from the
data the claimant has submitted. If there are record gaps, the City should explore alternative
method of proof with the claimant. It would not be appropriate for our Department to conduct
the review. We do however recommend and encourage you to work with work this matter
through with the claimant to arrive at resolution.
Absent conducting the review on your behalf, we are available to answer your questions
as you work with the claimant on addressing any weak areas in the supporting documentation
submitted by the Juvenile Transition Center.
For more inFotrnatJo# on IfUO prog~ms and wt)at'~ new at HUDz ~ HUD's Home Page on t~e
World 14~de Web at http://www~ud, gov/
Mar 03 04 10:55a CItu Rttorneu's OF£ioe 561-742-605~ p.3
If you have questions concerning the above, you should contact me directly by calling
(305) 536-4563, Ext.2285. If the staffre..sponsibl¢ for administering the CDBG program at your
City has questions, they should contact Maria R. Ortiz, Director, Miami Office of Community
Planning and Development ("CPD") by calling (3050536-4431. We are returning herewith the
materials, which accompanied your February 18, 2004 letter to our office.
Sincerely,
Sharon M. Swain
Chief Counsel
mr m~r~ ~n~th~n ~n I~tlD In~jr~ ami w~at'$ n~w ~ ~llJ~, ~ ~ILID'~ #~m~ P~g~ ~n tl~
Wo~I~ ~ W~ at htti~://www, l~ud. gov/
02t18/2004 14:04 9547714923 GOREN CI-IEROF ET ~L PAGE 02/03
February ] 8, 2004
VIA FEDERAL EXPRESS
A,n D. Char/s, Acting D/rector
U.S. D~artment of Ho~g md
U~ D~cl~mt
Re~ ~, ~t Pield'O~ce
Bfick~ PI~ Fed~ B~I~
909 S.B. F~ Av~ue, ~ ~00
~, FL 33131-~028
~: ~uv~le Tr~sJ~on C~ter, ~c.
Dem Ms ~a~s:
above-~f~ced ~t ~pimL
By way ofb~~ ~e luv~e T~ifi~ Cmt~ so~t ~v~ of ~BG ~tng fo~
flm~ y~ 2~2- 2003. F~d~g wm delay~ p~ ~ of a pot~ ~ of int~'
of ~ 15, 2~3. S~~, ~e lu~e T~on C~ ~~ ~nE d~~
~d r~~ disb~~t of ~ek $7~00.00 ~t ~m ~e ~. Ci~ s~ ~~ ~e
~i~on ~ dm~n~ ~nd~g ci~nff tab, sion d~ci~cJ~. I ~ ~los~g ~e foiling
do~ts for ~ ~.
1. luv~ile T~ifion C~ A~cmion for ~ding
2. A~~t ~~ ~e Ci~ of~t~ brach ~d ~e Juv~le ~i~on
C~t~, ~c, N~~ 18, 2~3.
doc~~
5. ~C Budg~ N~gve I/15/~
6. l~u~ 30, 20~ le~ ~ L. ~ to 8~hmi.e ~MeKoy
7. Feb~ 6, 2~ le~ ~in~s L. ~o to St~h~e
~z~i~zz~4 i4:O4 9547714923 GOREN CHEROF ET AL P~GE 83/83
The Ci o Bo nton Beach
OFTICB OF THE CITY A TroRNEY
FAX: ~
There is no dispute that the Suv~.ile Trmsilion Center p~t'orms a valued servic~ to the City
ofBoynton Be.~h community. Unfoztun,~tely, thoro i$a dispute re~ardin~ the sufficiency of the
~lm, enile Transition Center's subm/ssion for funding which the City hes been unable to resolve.
Accordingly, I am requesting HUD's assistance in bring/ng this funding issue to a conch~on.
I am advised th_at you have spoken w/th both City representatives and .T~o Transition
C~ter reprc,%mtatives regarding this matter but unfortunately that effort on your pm't has not
remedied thc dispute. In light of the impasse, I have suggested to Mr. Crrcene and Ms. Mingo -
McKoy that this matter be submitted to HUD and both have agreed that they will respectively be
bound by HUD's disposit/on of this matter.
Thank you for your assistance, ditig~:~l
If there is ad supporting documentation that you
need, please do not hesitate to c,~ntact me.
/?
~Ct~f
XU6CDE. FS~IBRARY~! 990~900:
cc: QUintus Greene
Stephanie Min§o-McKoy
Arnerl~'s Gatem~ to the ~ulfs~eam
..' The City of Boynton Beach
DEVELOPMENT' DEPARTMENT
DIRECTOR'S OFfiCE
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, florida 334254)310
TEL: 561-742-6350
FAX: 561-742-6089
www. boynton~beach.org
February 6, 2004
Ms. Stephanie Mingo-McKoy
Juvenile Transition Center
P.O. Box 4102
Boynton Beach, FL 33424
Re: Juvenile Transition Center
Dear Ms. McKoy:
This letter is in response to our telephone conversation of February 3"~, 2004, wherein you agreed
to accept the amount that this department has determined to be eligible for reimbursement under
your CDBG sub-grantee contract for the Juvenile Transition Center. Therefore, pursuant to our
letter of January 30a, 2004, please find enclosed a check in the amount of Five Hundred Sixty-Four
and 07/100 Dollars ($564.07), the amount eligible for reimbursement and representing the final
payment on your contract.
It is our understanding that, while accepting this payment, you do not agree with the criteria,
~s _pe_c~fi___c~]ly. _outlined in_. OMB_Circular A-122,--that wa.~- used-- to determinethe- eligibility of ~e
reimbursed amount indicated above. Accordingly, please be advised that, inasmuch as the City is
required by the Department of Housing and Urban Development (HUD) Rules and Regulations,
Subpart J, 570.502 to follow the Uniform Administrative Requirements in the administration of the
CDBG funds it receives, we will defer to that agency relative to the appropriate cdteda for
determining the eligibility of non-profit sub-grantee expenditures for reimbursement.
Should either the regional or national HUD office render a written opinion that the criteda used in
your particular case was inappropriate, we will be more than happy to re-evaluate our decision.
Sincerely, '
Quintus Greene
Development Director
Enclosure
Xc: Kurt Bressner, City Manager
Octavia Sherrod, Community Improvement Manager
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
DIRECTOR'S OFF[CE
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-7~2-6350
FAX: 561-742-6~)89
www.boynton-beach.org
January 30, 2004
Ms. Stephanie Mingo-McKoy
Juvenile Transition Center, Inc.
PO Box 4102
Boynton Beach, FI 33424
RE: JTC Budget Narrative dated January 15, 2004
Dear Ms. McKoy,
The following is the staff response to the JTC Budget Narrative submitted to the
Department of Development on January 15, 2004. It is noted that this Budget Narrative
was submitted pursuant to a meeting on January 12, 2004, and is not part of the original
contract presented to the City Commission on November 18, 2003.
_1 .... $1_,_596.6~ -_ Salary, McKoy, .Unallowable. Salary appropriaflen.wasnot a- part of
the grant application
Sub grantee indicates that this item is being requested as a result of a budget
transfer with another funding agency to satisfy other salaries through the end of the
year.
Office of Management and Budget (OMB) Circular A-122, "Cost Principles for Non-
Profit Organizations" Attachment A, General Principles,
Section A. Basic Considerations
2(f) Factors affecting allowability of costs Not be included as a cost or used to
meet cost sharing or matching requirements of any other federally-financed program
in either the current or a pdor period.
4(3)b Allocable Costs Any cost allocable to a particular award or other cost object
under these principles may not be shifted to other Federal awards to overcome
funding deficiencies, or to avoid restrictions imposed by law or by the terms of the
award.
Section B. 1 Direct Costs- in part, "Costs identified specifically with other final cost
· Page 2 ~lanuary 30, 2004
objectives of the organization are direct costs of those cost objectives and are not to
be assigned to other awards directly or indirectly.~
Grant application indicated salary would be for administrative assistant.
2. $391.21 - Salary - Yaeger - Allowable.
Missing documentation - signed timesheet
3. $56.80 - Community Service Projects - Unallowable. Stipends are not a part of
the grant application.
Per Office of Management and Budget. Circular A-122 Attachment B. Selected Items
of Cost
34. Participant Support Costs: Participant support costs are direct costs for items
such as stipends or subsistence allowances, travel allowances, and registration fees
paid to or on behalf of participants or trainees (but not employees) in connection
with meeting, conferences, symposia, or training projects. These costs are
allowable with the pdor approval of the awarding agency.
In addition, see item #1 re: eligibility per OMB Circular A-122, "Cost Principles for
Non-Profit Organizations"
4. $685.80 - Outreach & Recruitment - Unallowable. Not a part of the grant
application.
Per~ _Offi_ce of Man_agement a_nd Budget Circular A-122AttachmentB. Selected Items
of Cost
14. Entertainment Costs: Costs of amusement, diversion, social activities,
ceremonials, and costs relating thereto, such as meals, lodging, rentals,
transportation, and gratuities are unallowable.
44. Recruiting Costs: Only applicable to staff recruitment and maintaining workload
requirements, costs of "help wanted" advertising, operating costs of an employment
office necessary,to secure and maintain an adequate staff..."
5. $86'1.60- Professional Fees - Not covered by grant application. However, if it was
a part of the application, the requested amount would need to correspond with the
invoice, and the check would have to have.been negotiated (cancelled).
6. $393.39 - Telephone Service - Unallowable. Telephone service not a part of
grant. This service would only be allowable as it relates to the operation of the
business. Sub recipient says that the cell phones were essential to the participants
in the field but does not substantiate this need.
OMB Circular A122- Attachment A
2.Factors affecting allowability of costs. (G.) Be adequately documented
® Page 3 .lanuary 30, 200~
3. Reasonable oosts. (A.) Whether cost is of a type generally recognized as ordinary
and necessary for the operation of the organization or the performance of the
award.
See also Item #1, OMB Circular ^-122 Section ^, 2f
7. $172.86 - Office Depot Receipt - Allowable.
$1,078.35 - School Supplies ' Unallowable. Not a part of the grant application.
OMB Circular A-122 Attachment B Se/ected /terns of Cost #9 Contributions:
Contributions and donations by the organization to others, is unallowable.
OMB Circular A-122 Subpart C Post Award Requirements: Refers to donations as
they relate to being donated to the organization. Supplies are the supplies needed
by the organization to carry out and administer the activity. This department would
not have considered in "prudent" to budget for this, as there are many other sources
that the agency's participants could have been referred to.
8. $540.00 - Collegiate Games - Unallowable
See #4 - Re: OMB Circular A-122 Attachment B14
9.$79.75 - Transportation - Unallowable.
See #1 and #3 OMB Circular A-122
10. $571.60 - Workshops & Seminars - Unallowable. This item was not apart of the
grant application. However, if it were a part of the grant, documentation would be
req_uj_r _ed ~o justify the necessity, outcome,_or proofof-attendance,
11. $695,00 - Professional Liability- Unallowable. Not a part of the grant application.
However, if it were a part of the grant application, the check would need to
correspond with invoice, and show proof of having been negotiated (cancelled).
12o $259.40 - Insurance Plan - Unallowable. Not a part of the grant application.
However, if it were a part of the application, it would be subject to OMB Circular A-
122 Attachment B, 7(f)(2) "Fringe benefits in the form of employer contributions or
expenses for social security, employee insurance, workmen's compensation
insurance, pension plan costs, and the like are allowable, provided such benefits
are granted in accordance with established written organization policies. Such
benefits, whether treated as indirect costs or direct costs, shall be distributed to
particular awards and other activities in a manner consistent with the pattern of
benefits accruing to the individuals or group of employees whose salaries and
wages are chargeable to such awards and other activities."
The "Monthly Progress Report" submitted along with the Budget Narrative on January 15,
2004 is not adequate to report the necessary information to HUD. In order to evaluate the
performance of the sub grantee, and provide reimbursement, the report needs to detail any
accomplishments for the organization. The list of the participants provided by the sub
· Page 4. 3anuary 30, 2004
grantee does not indicate how many of the participants were from households headed by
females.
In summary, based on an analysis of the grant application, and the relevant HUD
guidelines and OMB circulars, staff considers $564.07 to be eligible for reimbursement
'under the contract.
It should be noted, however, that with the approval of the City Commission, the grant
agreement may be amended to include the following line items:
(1) Salary- McKoy;
(5) Professional Fees;
(10) Workshops & Seminars;
(11) Professional Liability;
(12) Insurance Plan.
In that event, these particular line items may become allowable and qualify for
reimbursement contingent upon the provision of appropriate supporting documentation.
Sin~
Quintus L. Greene
Development Director
Attachments
Xc: Kurt Bressner, City Manager
Octavia Sherrod, Community Improvement Manager
VI'.-CONSENT AGENDA
ITEM D.1.
CITY OF BOYNTON BEA
AGENDA ITEM REQUEST
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon)
[] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon)
[] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfmished Business
RECOMMENDATION: Please place this request on the May 4, 2004 City Corcaifission Agenda under Consent
Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved.
For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-089.
EXPLANATION:
PROJECT: Wantshouse Residence (ZNCV 04-002)
AGENT: Mark Wantshouse
OWNER: Mark Wantshouse
LOCATION: 3416 South Lake Drive
DESCRIPTION: Request for relief fxom Chapter 2, Zoning Section 5.B.2.a, requiring a minimum rear yard
setback of 25 feet for a single-family home within the R-1-AAB zoning district, to allow
for a variance of 15 feet, and a rear yard setback of 10 feet.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Devel~pmen~ISepartment Director ity anager s Signature
n~ ~n~on~nlt~lr~tor City Attorney / Fi-ance / Human Resources
S:~Planning~SHARED\WPXPROJECTS\Wantshouse VarianceLa, genda Item Request Wantshouse ZNCV 04-002 54-04.dot
S:XBULLETINYFORMSLatGENDA 1TEM REQUEST FORM.DOC
DEVELOPMENT SERVZCES DEPARTMENT
MEMORANDUM #PZ 04-089
Staff Report
Planning and Development Board
and
City Commission
Meeting
Date: April 27, 2004
File No: ZNCV 04-002 - Rear yard setback
Location: 3416 South Lake Drive
Owner: Mark Wantshouse
Project: Addition to a single-family home on a parcel zoned R-1-AAB.
Request: Relief from Chapter 2, Zoning Section 5.B.2.a, requiring a minimum rear yard setback of
25 feet for a single-family home within the R-i-AAB zoning district, to allow for a variance
of 15 feet, and a rear yard setback of l0 feet.
BACKGROUND
The subject property and neighborhood are currently zoned R-I-AAB, single-family residential (see
Exhibit "A" - Location Map). The home was developed in 1973 on lot I of the Lake Eden Subdivision,
and it conforms to the current R-I-AAB zoning district building and site regulations. The subject property
is located on the east side of South Lake Drive and abuts the L.W.D.D E-4 Canal to the east.
The Lake Eden subdivision was originally platted in 1925. The platting pattern for the majority of the lots
within that subdivision is rectangular in shape with the exception of the subject lot, which is irregularly-
shaped (see Exhibit "B" - Lake Eden Subdivision). The subject request is in conjunction with a plan to
expand the existing one-story single-family home with a 1,274 square foot addition (see Exhibit "C"-
Site Plan/Survey). This planned expansion is consistent with redevelopment projects observed
throughout the city.
The requirements to build a single-family dwelling unit within the R-i-AAB zoning district are as follows:
· Front and Rear setback: 25 feet;
· Sides setback: 10 feet.
The applicant is proposing the following setbacks:
· Front setback: 25 feet;
· Rear setback: 10 feet;
· Sides setback: 10 feet.
ANALYSLS
The code states that the zoning code variance cannot be approved unless the board finds the following:
Page, 2~
Wantshouse Variance
File No. ZNCV 04-002
a. That spec/a/cond/Eons and circumstances ex/st which are peculiar to the /and, structure, or
building involved and which are not applicable to other/ands, structures or buildings in the same
zoning district.
b. That the spec/a/cond/b'ons and circumstances do not result from the ach'ohs of the applicant.
c. That granb'ng the variance requested will not confer on the applicant any spec/a/privilege that is
den/ed by this ordinance to other lands, buildings, or structures in the same zoning di~rict.
d. That literal interpreta~'on of the provCs/ons of this ordinance would deprive the applicant of dght~
commonly enjoyed by other properb'es in the same zoning d/sb¥cf under the terms of the ordinance
and would work unnecessary and undue hardship on the applicant.
e. That the variance granted is the m/n/mum variance that w/Ii make po~/b/e the reasonable use of
the/and, bul'/d/ng, or structure.
f. That the grant of the variance w#/ be in harmony w/th the genera/intent and purpose of this
chapter [ordinance] and that such variance wi//not be injurious to the area involved or otherwise
debYmenta/ to the public we/fare.
Staff has conducted this analysis with emphasis on the uniqueness of the subject property relative to
other parcels in the Lake Eden subdivision and neighborhood impact.
Staff reviewed the requested vadance focusing on the applicant's response to the above cdteria
contained in Exhibit "D". Staff concurs with the applicant that special condiUons and circumstances exist,
related to lot configuration, which are not the result of actions by the applicant, therefore satisfying
criteria '~"and '~"above. It should be noted that the construction of an addiUon at the rear of the
exisUng house on the subject lot would not likely be feasible without encroaching within the required
rear yard setback. Unlike typical rectangular-shaped lots, which have a rear and two (2) side yards, this
property provides a front, a rear and one (1) side along the south property line. Further, the front (west)
and rear (east) property lines taper to the north to form a triangle. Therefore the subject property
presents a unique situaUon relaUve to other lots in the Lake Eden subdivision.
Based on this informaUon staff has found evidence of a hardship. Further, the review of previous
variance applications limited to comparison with other lots within the subject subdivision, has revealed
the uniqueness of the subject lot and the potential for zoning regulaUons to have unequal effects within
the respective subdivision and within this zoning distdct (R-:t-AAB).
Staff also concurs with the applicant that the approval of this variance request will not confer any special
privileges. Therefore, denial of this variance request would deprive the applicant of the rights already
enjoyed by others owning standard sized lots within this subdivision. Therefore, crlteda "c"and "d"are
saUsfied.
With respect to criterion "e'; which considers if the request is the minimum necessary to make possible
the reasonable use of the property regardless of the placement on the lot, any substanUal building
addiUon to this single-family dwelling would still encroach into the rear setback. The proposed variance
would allow improvements that permit "reasonable" use of the property, and which may contribute to an
increase in the property value. Although staff acknowledged that reasonable use has been achieved
through the existence of the current single-family structure, the approval of this vadance as proposed
would allow the applicant to achieve a comparable living area with other homes in the immediate
vidnity. Further the current trend within the dty, as evidenced by newly constructed and redeveloped
homes, tends to encourage similar improvements regardless of lot constraints. It should be noted that if
Page 3'
Wantshouse Variance
File No. ZNCV 04-002
this parcel was rectangular-shaped comparable to other lots along the canal, the proposed addition
would be feasible without the necessity for the variance.
Regarding the intent of the zoning regulation, and impacts on adjacent properties, staff acknowledges
that if the standard building envelope is expanded closer to property lines, the impacts on adjacent
properties can include reduced light, air flow and views. This is not the case with this request, due to the
absence of a lot to the north, and the orientation and placement of homes along the canal. Lastly, staff
finds that granting the variances will not be injurious to the area or detrimental to the public welfare. On
the contrary, the proposed .improvement will be consistent with existing characteristics of the
neighborhood including lot sizes, lot frontages, house sizes and styles.
It should be noted that a second story addition to avoid the setback variance, was not considered as an
option in the staff analysis. The rational for this lack of consideration is again based on the comparison
with the typical unit style within the surrounding area, which are single-story homes.
CONCLUStONS/RECOHHENDA'I/ON
Based on the analysis contained herein, staff finds that a "hardship" exists. Staff also concludes that the
approval of the requested variance will enhance the community by supporting home expansions in the
neighborhood without negative impacts upon the neighborhood or city.
Therefore, staff recommends that the requested variance be approved, thereby granting relief from the
Land Development Regulations, Chapter 2-Zoning to allow:
1) A 15-foot reduction from the twenty-five (25) foot rear yard setback required by code to
allow a 10-foot rear yard setback.
No conditions of approval are recommended; however, any conditions of approval added by the
Planning and Development Board or City Commission will be placed in Exhibit "E".
MR/MDA
S:\Ptanning~SHARED\WP\PRO]ECTS\Wantshouse Variance\STAFF REP.doc
I in. = 100.0 feet
-AAB
LOCATION MAP WANTSHOUSE VARIANCE EXHIBIT "A"
' EXHIBIT "B"
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EXHIBIT
. " EXHIBIT "D"
City of Boynton Beach
Variance Application Addendum
3416 S. Lake Drive
Boynton Beach, Florida 33435
:5. Statement of special conditions, hardships or reasons justifying the requested
exception or variance.
A. The subject property is an irregular shaped triangular property with only three
sides making the rear property line and one side property line the same line,
therefore without a variance the subject structure could not be added on to. If
the subject property was a normal rectangular shaped property an addition of
more than 50% larger than the proposed addition could be added without the
need of a variance.
B. The tgangular shape of the property is due to the original platting of the
subdivision, which the applicant did not and does not have any jurisdiction or
control of.
C. The granting of this variance will not confer on the applicant any special
privilege that is denied by this ordinance to other properties.
D. The literal interpretation of the provisions of this chapter would deprive the
applicant rights commonly enjoyed by other properties in the same zoning
districts and would create undue hardship to the applicant. The requested rear
set back variance borders a Lake Worth Drainage District easement that is in
excess of 80 feet. The requested variance will not decrease the distance
between the current subject property's structure and any neighboring property
structures. Variances generating much sr~ater impact to surromutinS
properties have been 8ranted in the same zoning district where by the granting
of those variances decreased the distance between nei~boring structures.
E. The requested variance is the minimum variance that will male reasonable
Use of the property due to the irregular shaped property and the position of the
structure on the property.
F. The granting of this proposed variance will be in harmony with the intent and
purpose of this chapter and would not be injurious to the area or detrimental to
the public welfare. The granting of this proposed variance would be a
textbook example of the grantin~ of a variance allowing reasonable use of the
property with no adverse effects to adjacent propmy owners. This would
truly be a model example ora why a variance process exists.
G. This proposed variance is not a variance request of minimum lot area or lot.
fi-ontage requirements and the acquisition of additional property is not
available.
EXHIBIT "E"
Conditions of Approval
Project name: Wantshous¢
File number: ZNCV 04-002
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None' X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
s :~Planning\SHARED\WPXPRO JECTS\Wantshouse Variance\COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Wantshouse
APPLICANT'S AGENT: Mark Wantshouse
APPLICANT'S ADDRESS: 3416 South Lake Drive
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 4, 2004
TYPE OF RELIEF SOUGHT: Relief from Chapter 2, Zoning Section 5.B.2.a, requiring a minimum
rear yard setback of 25 feet for a single-family home within the R-1-AAB zoning district,
to allow for a variance of 15 foot, and a rear yard setback of 10 feet.
LOCATION OF PROPERTY: 3416 South Lake Drive
DRAWING(S): SEE EXHIBIT "B" A'i-I'ACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:~Planning\SHARED\WFAPROJECTS\Wantshouse Variance\DO Revised for P&O.doc
VI'.-CONSENT AGENDA
ITEM D.2
CITY OF BOYNTON BEACi
AGENDA ITEM REQUEST FOIOa
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon)
[] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon)
[] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Please place this request on the May 4, 2004 City Commission Agenda under Consent
Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved.
For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-082.
EXPLANATION:
PROJECT: Anderson PUD (NWSP 04-005)
AGENT: Chip Bryan, Julian Bryan & Associates, Inc.
OWNER: H. Loy Anderson
LOCATION: West side of Lawrence Road, % mile south of Hypoluxo Road
DESCRIPTION: Request for new site plan approval for 85 single-family homes on an 18.32-acre parcel in
a PUD zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES: ~
-' DeCe~pme~ l~epartment Director e
PlUming and Zoning ]~l~t~ City Attorney / Finance / Human Resources
S:~Planning~SHARED\WP~PROJECTSLa. nderson PLIDX2qWSP 04-005~Agenda Item Request Anderson PUD NWSP 04-005 5-4-04.dot
S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNt'NG AND ZONI'NG DZVTS]:ON
MEMORANDUM NO. PZ 04-082
STAFF REPORT
TO: Chairman and Members
Planning and Development Board and City Commission
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Eric Lee .lohnson, AICP
Planner
DATE: April 19, 2004
PROJECT NAME/NO: Anderson PUD / NWSP 04-005
REQUEST: New Site Plan
PRO3ECT DESCRIPT]:ON
Property Owner: Mr. H. Loy Anderson
Applicant: D.R. Horton Homes
Agent: Mr..~ulian Bryan /]ulian Bryan & Associates, Tncorporated
Location: West side of Lawrence Road, approximately 1,320 feet south of Hypoluxo
Road (see Location Map - Exhibit "A")
Existing Land Use: Low Density Residential (LDR) at 4.84 dwelling units per acre (du/ac)
Existing Zoning: Planned Unit Development (PUD)
Proposed Use: 85 Single-family homes
Acreage: 18.32 acres
Adjacent Uses:
North: Property located in unincorporated Palm Beach County designated MR5
Residential (5 du/ac) and zoned PUD (Palmyra), currently being
developed by the applicant;
South: Developed property (Manor Forest) in unincorporated Palm Beach County
designated MR-5 (S du/ac) and zoned RS single family residential;
East: Right-of-way of Lawrence Road, then developed property (Nautica Sound)
within the City of Boynton Beach designated Low Density Residential
Staff Report - Anderson PUD (NWSP 04-005)
Memorandum No PZ 04-082
Page 2
(LDR-5 du/ac) and zoned PUD-Planned Unit Development; and
West: Developed property (Homes at Lawrence) in unincorporated Palm Beach
County designated MR-5 (5 du/ac) and zoned RS single family residential.
Site Characteristic: The subject property is currently developed with an orange grove. The survey
shows that a large one (1)-story wood / aluminum building and its asphalt parking
areas are located in the center of the site. A six (6) foot tall chain-link fence
secures the site. The highest elevation is a point 17.40 feet above sea level,
located at the southeast corner of the site, near Lawrence Road. Three (3) asphalt
entrances are located along Lawrence Road.
BACKGROUND
Proposal: Mr. Chip Bryan, agent is proposing a site plan for the 8.5 (Zero Lot Une) single-
family dwelling units. Approval of this project is contingent upon the approval of
the corresponding request to annex the subject property into the City Of Boynton
Beach (see Exhibit "C" - Conditions of Approval). The applicant would also be
requesting to designate the subject property with the Planned Unit Development
(PUD) zoning district. Single-family homes are permitted uses in the PUD zoning
district. The maximum density allowed by the Low Density Residential (LDR) land
use classification is 4.84 du/ac, which would allow the developer a maximum of 88
units. The project would be built in one (1) phase. According to the developer, the
subject project is considered to be the second phase of the Palmyra development,
which is directly to the north. The homes, landscaping, rights-of-way,
infrastructure is similar to and is an extension of the adjacent, unincorporated
portion of the Palmyra development. The only difference is that the developer is
proposing to annex this property into the City, leaving the built or existing portion
of Palmyra under Palm Beach County's jurisdiction.
ANALYSTS
Concurrency:
Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for
concurrency review in order to ensure an adequate level of service. The Palm
Beach County Traffic Division has confirmed that the project meets the Traffic
Performance Standards of Palm Beach County.
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual informaUon to be adequate and is
recommending that the review of specific drainage soluUons be deferred until time
of permit review. All South Florida Water Management District permits and other
drainage related permits must be submitted at time of building permit (see Exhibit
"C" - Conditions of Approval).
School: The School District of Palm Beach County has reviewed the applicaUon and has
determined that adequate capacity exists to accommodate the projected resident
Staff Report - Anderson PUD (NWSP 04-005)
Memorandum No PZ 04-082
Page 3
population.
Driveways: The project proposes two (2) points of ingress / egress to the subject site. The
main entrance is proposed at the southeast corner of the property on Lawrence
Road. The ingress lane would be 15 feet in width and the egress lanes would total
22 feet in width. The entrance and exit lanes would be separated by a 10-foot wide
median. The second point of access is proposed at the northeast corner of the
property, along the northern property line. This point would connect to the
unincorporated Palmyra development to the north.
According to the Typical Road Section shown on the site plan (sheet 1 of 3), the
private rights-of-way, internal to the development would be zt0 feet in width. Each
side (or half) of this right-of-way would consist of 10 feet of asphalt, two (2) feet of
valley gutter (for drainage purposes), a swale (grassy area), and a four (4)-foot
wide pedestrian sidewalk.
Parking Facility: Two, three, four, and five bedroom dwelling units require two (2) parking spaces
per unit. The project proposes 85 residential units and therefore, would require
170 parking spaces. Each unit would have a two (2)-car garage. According to the
floor plan (sheet A-l), the garages would be dimensioned a minimum 19 feet in
width by 19 feet- eight (8) inches in depth, large enough to accommodate two (2)
vehicles. This provision equals the required parking. Also, the "Typical Lot Detail"
(sheet 2 of 3) indicates that the driveways in front of each unit would also
accommodate two (2) parked cars. The detail shows the driveways would be
dimensioned 18 feet in width by 25 feet in depth.
Landscaping: According to the site plan tabular data (sheet I of 1), the proposed pervious area
would total 6.88 acres or 37.5% of the site. This figure does not include the 3.01-
acre lake, which would account for an additional 167,% of the subject property.
This retention area is proposed within the center of the project. The Landscape
QuantiUes table indicates that 81.9% of the shade trees and 50.44% of the palm
trees would be native. The landscape data indicates that 51.81% of the shrubs
would also be native.
The site plan shows that a 10-foot wide landscape buffer easement would comprise
a portion of the lots proposed along the west (N 02o03'05'' E) and south (S
89°36'34'' W) tract perimeter lines, affecting Lots i through 31. The individual
depth of these lots would range from 115 feet to 125 feet. The landscape
easement would comprise a portion of their rear yards. The landscape plan (sheets
2 and 3 of 6) indicates that these landscape buffer easements for Lots I through
31 would contain a mix of Gumbo Limbo, Sweet Mahogany, and Sabal palm trees.
Also, a continuous row of Redtip Cocoplum hedges are proposed along the enUre
perimeter of the aforementioned west and south perimeter lines. The "Typical Lot
Detail" (as shown on sheet 2 of 3) shows that each house would be located at least
10 feet away from rear lot line. Screened enclosures are proposed only within the
rear yard. The detail shows that the screened enclosures would be five (5) feet
wide, resulUng in a possible five (5) foot wide area of pervious surface within the
rear yard of these lots. The five (5) feet of pervious area coupled with the 10-foot
Staff Report - Anderson PUD (NWSP 04-005)
Memorandum No PZ 04-082
Page 4
wide landscape buffer easement equates to a 15-foot wide landscape strip behind
each home (Lots 1 through 31). The "Typical Unit Landscape Plan" (as shown on
sheets 5 and 6 of 6) indicates that a Green Buttonwood tree would be installed in
the rear yard of each lot. Although proposed within the confines of each lot, the
tree would be placed outside the limits of the five (5) foot wide concrete slabs.
A 20-foot wide utility easement is proposed along the development's north (N 89°
38' 43" E) tract perimeter line, affecting Lots 31 through 39. The depth of these
lots would be 125 feet. This is the portion of the proposed PUD that abuts the
Palmyra development to the north. Also, this 20-foot wide northem landscape
easement is ten (10) feet wider than the aforementioned west and southern
landscape easements. However, no trees are proposed within this landscape
easement because the easement also functions as a uUlity easement. Instead, the
landscape plan (sheet L3 of 6) shows the existing plant material associated with
the Palmyra development would be used to buffer the rear of the homes from each
other. Regardless, as previously mentioned, each property in Lots 31 through 39
would have a Green Buttonwood tree placed within the rear yard.
A 30-foot wide landscape buffer tract is proposed along the development's east (S
02° 03'05" W) tract perimeter line, which is adjacent to Lawrence Road. No homes
are proposed along this eastern landscape buffer. Although not proposed as a
gated community, the "Typical East Buffer Detail" (as shown on the landscape plan
- sheet 3 of 6) illustrates that a buffer wall is proposed on top of a landscape berm
and that many different types of shade and palm trees would be installed within
this buffer. It should be noted that ten (10) feet of the 30-foot wide landscape
buffer would function as a utility easement and no shade trees are permitted within
that utility easement.
A 20-foot wide lake management easement would surround the entire lake. This
would impact Lots 40 through 85. Other than littoral planUngs required by the
landscape code, not much other landscape material is proposed within the lake
management easement. The developer wants to maintain the views of the lake for
each perspective homeowner.
The category of"shade" trees would consist of Gumbo Limbo, East Palatka Holly,
Laurel Oak, Uve Oak, Mahogany, Yellow Tabebuia, and Bald Cypress. Since seven
(7) different types of housing styles are proposed, the assortment of landscape
material would vary from lot to lot. Each lot's proposed landscape material is
shown in tabular format under "Typical Landscape QuanUties" on sheet 5 of 6.
Regardless of where or which trees are proposed, they are required to be installed
at least 12 feet in height, with three (3) caliper inches (see Exhibit"C"- Conditions
of Approval). The category of "palm trees" would consist of the following: Queen,
Maypan Coconut, Wild Date, Reclinata Roebelenii, Florida Royal, Sabal, and
Washintonia palm trees. In all, the plans would provide for 210 shade trees, 113
palm trees, and ~,,665 shrubs / groundcover plants.
Building and Site: The applicant is requesUng a rezoning to PUD Planned Unit Development with a
density of 4.80 du/ac, rather than the R-I-AAB Single-Family Residential stated in
Staff Report - Anderson PUD (NWSP 04-005)
Memorandum No PZ 04-082
Page 5
the annexation agreement. The maximum density allowed by the R-1-AAB zoning
is 4.84 du/ac; however, the setback requirements for this district do not consider a
zero lot line residential development pattern, as permitted in a PUD zoning district.
Az indicated in the accompanying land use / rezoning (LUAR 03-006) staff report,
zero lot line development on this site is consistent with the development pattern
found in the Nautica Sound PUD to the east and the Palmyra PUD to the north. For
this reason, staff considers the request for PUD zoning to be reasonable. The PUD
regulaUons require that perimeter buffers and setbacks within PUDs must mirror
those in abutting development to ensure adequate separation between buildings.
The building setbacks in the Palmyra project directly to the north were approved
for the following: Front - 22.5 feet; rear - 10 feet; street side - 10 feet; zero-lot
line side - zero (0) feet.
The"Typical Lot Detail" of the proposed project as shown on the site plan (sheet 2
of 3) indicates that the houses would be setback 25 feet from the front property
line. A portion of this front setback would consist of a 10-foot wide utility
easement. The detail also shows that the zero-lot line homes would be setback 10
feet from the side lot line and 10 feet from the rear lot line. The detail illustrates
the placement of the house within each lot. The applicant has informed staff that
the "building envelope" as illustrated on the detail would not represent the walls of
each home. Rather, the "building envelope" only depicts each lot's minimum
setback requirements. Therefore, the proposed houses, which would be smaller
than the "building envelope", would be placed further away from the property lines,
such as long as its placement would meet all other minimum setbacks.
As previously menUoned, the "Typical Lot Detail" shows that each lot would be at
least ~,5 feet in width. However, the depth of each lot would range between 105
feet and 125 feet, depending upon its location within the development. The
dimensions for each lot shall be shown on the rectified site plan prior to the
issuance of any building permits (see Exhibit "C" - CondiUons of Approval). The
applicant is requesting the provision for screened-roof enclosures in the rear yard.
The Detail shows that the enclosures would be setback five (5) feet from the rear
lot line. A note on the site plan (sheet 2 of 3) indicates that solid-roof enclosures
would be restricted within the confines of the "building envelope". Staff has no
objection to these allowances provided that the landscape buffers would remain
intact. Staff would object to solid-roof screened enclosures that encroach outside
the "building envelope" and into the minimum rear setback. Staff recommends
that the height of the screen enclosures be limited to the mean height of the house
on which the structure is proposed (see Exhibit"C"- Conditions of Approval). The
elevaUons show that the mean height of the two (2) story homes would be 25 feet
- six (6) inches tall and the peak of the roof would be 29 feet- five (5) inches tall.
The maximum height in all single-family residenUal zoning districts except R-3
HulU-family Residential is 30 feet. No lift-station for sanitary sewer service is
proposed with this project.
Design: The City has reviewed and approved many different residential projects over the
past two years (i.e. The Harbors, Villas at Quantum Lakes, Arbolata, .~efferson at
Boynton Beach, Kensington Place, Serrano Beach). Host of them however, have
Staff Report - Anderson PUD (NWSP 04-005)
Memorandum No PZ 04-082
Page 6
been townhouse developments. Associated with the proposed type of single-family
residential development are a wide variety of possible building designs (i.e.
contemporary, traditional, Spanish-Mediterranean, etc.). This project would be
considered as more of a mixture of "contemporary and Mediterranean"
architectural styles, similar to Serrano Beach and many other zero-lot line
communities throughout South Florida. The homes would be either one (1) or bNo
(2) stories tall. The proposed roofing matedal would be Spanish S-tiles. The
elevations show that the exterior finish of the walls would be textured stucco. The
applicant is proposing a variety of colors schemes. The colors identified as
Schemes #1 through 7R are shown on the attached Exhibit "D" - "D.R. Horton
color schemes".
The project proposes a variety of house style types, ranging from three (3) to five
(5) bedrooms with air-conditioned living areas ranging from 1,952 square feet to
3,054 square feet. Staff has no objections to the proposed building colors,
architectural styles, or roof types.
$ignage: The proposed signage is shown on the on the Signage Elevations. However, the
signs are not indicated and therefore, would have to comply with Chapter 21,
Article IV, Section 1.D of the Land Development Regulations (see Exhibit "C" -
Conditions of Approval).
RECOMMENDATION:
The Technical Review Committee (TRC) has reviewed this request for new site plan approval. Staff
recommends approval of the site plan, conUngent upon the successful annexaUon and rezoning (ANEX 03-
006) and also subject to saUsfying all comments indicated in Exhibit "C" - Conditions of Approval. Any
additional conditions recommended by the Board or City Commission shall be documented accordingly in
the Conditions of Approval.
S:\Planning\SHARED\WP\PRO]ECTS~,nderson PUD\NWSP (H.-00~Staff Report.doc
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EXHIBIT "C"
Conditions of A~roval
Project name: Anderson PUD
File number: NWSP 04-005
Reference: 2na review plans identified as a New Site Plan with a April 20, 2004 Planning and Zoning
Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments:
1. Show zoning and land use on site characteristics map (Survey) (LDR, X
Chapter 4, Section 7.A.)
2. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
3. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards" and
will be reviewed at the time of construction permit application.
UTILITIES
Comments:
4. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
5. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this project either upon the request for the Department's signature on the
Health Department application forms or within 30 days of site plan approval,
whichever occurs first. This fee will be determined based upon final meter
size, or expected demand.
6. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
COA
04/23/04
2
DEPARTMENTS INCLUDE REJECT
7. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
8. Appropriate backflow preventer(s) will be required on the domestic water X
service to the buildin~ lots in accordance with CODE Sec. 26-207.
9. Utility construction details will not be reviewed for construction acceptability X
at this time. All utility construction details shall be in accordance with the
Utilities Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates); they will be
reviewed at the time of construction permit application.
10. Gumbo Limbo shade trees are proposed within the 20-foot wide utility X
easement along the northern property line. Either relocate them outside the
easement area or substitute them with palm trees.
11. Live Oak trees are proposed within the 10-foot wide utility easement adjacent X
to the internal rights-of-way. Relocate them outside the easement area,
substitute them with palm trees, or obtain consent from the utility owner to
have Live Oak trees within the utility easement.
12. This project will require a replat. No building permits can be released until X
the platting process is completed.
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
Comments:
13. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or structure
shall be determined by the provisions of ASCE 7, Chapter 6, and the
provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are
signed and sealed by a design professional registered in the state of Florida
shall be submitted for review at the time of permit application.
14. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
COA
04/23/04
3
DEPARTMENTS INCLUDE REJECT
15. A water-use permit from SFWMD is required for an irrigation system that
utilizes water from a well or body of water as its source. A copy of the permit
shall be submitted at the time of permit application, F.S. 373.216.
16. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
· The full name of the project as it appears on the Development Order
and the Commission-approved site plan;
· The number of bedrooms in each dwelling unit;
· The total amount paid and itemized into how much is for water and
how much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
17. At time of permit review, submit separate surveys of each lot, parcel or tract. X
For purposes of setting up property and ownership in the City computer,
provide a copy of the recorded deed for each lot, parcel or tract. The recorded
deed shall be submitted at time of permit review.
18. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
· A legal description of the land;
· The full name of the project as it appears on the Development Order and
the Commission-approved site plan;
· The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(0)
19. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must incorporate
all the conditions of approval as listed in the development order and approved
by the City Commission.
20. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. The name of the
project as it appears on the Development Order must be noted on the building
permit application at the time of application submittal.
PARKS AND RECREATION
Comments:
21. The Recreation and Parks Department has reviewed the plans for the X
Anderson PUD. The following comments are submitted:
COA
04/23/04
4
DEPARTMENTS INCLUDE REJECT
Recreation Facilities Impact Fee - based on the formula, the less is calculated
as,
85 Single family-family detached homes ~ $ 940 ea. = $ 79,900
The fee is due at the time of the first applicable building permit.
FORESTER/ENVIRONMENTALIST
Comments:
22. The Landscape Architect should identify by species and indicate the caliper X
inches of all of the existing trees on the site. Show all existing trees on the
site to be preserved in place, relocated on site, or removed / replaced on site.
All existing trees must be preserved in place or relocated rather than removed
if the trees are in good health. These trees should be shown as a separate
symbol on the landscape plan sheet L3 of 6.
23. All shade and palm trees on the Landscape Quantities List must be listed in X
the description as a minimum of 12 feet to 14 feet height, 3-inch caliper at
DBH (4.5 feet off the ground), including multi-stem species and Florida #1
(Florida Grades and Standards manual). The height of the trees may be larger
than 12 feet to14 feet in order to meet the 3-inch caliper requirement, or the
4-foot and 6-foot clear trunk specification (Chapter 7.5, Article II Section
5.C. 2.).
24. The landscape plan does include the City Signature Tree (Tibochina X
granulosa). These trees must meet the minimum tree size specifications (#1
above Chapter. 7.5, Article II Section 5.C.3, N.).
25. The applicant should show an elevation cross-section detail on the landscape X
plan, indicating how the height of the proposed landscape material drawn to
scale will visually buffer the proposed buildings from the Lawrence Road
right-of-way.
26. The Lake Upland Transitional Planting Zone should include additional native X
trees consistent with the cross section detail.
27. There is no irrigation system design included with the site plans. The X
irrigation design should be low-flow for water conservation.
28. In the design, all shade and palm trees should receive irrigation from a X
bubbler source (Chapter 7.5, Article II Section 5.A.).
29. Turf areas should be limited in size. Landscape (bedding plants) areas should X
be designed on separate low-flow zones with proper time duration for water
conservation (Chapter 7.5, Article II Section 5. C.2.).
COA
04/23/04
5
DEPARTMENTS INCLUDE REJECT
PLANNING & ZONING
Comments:
30. A re-plat will be required. Abandonment and redcdication of any easements X
can occur during the platting process.
31. The dimensions of each lot shall be shown on the rectified site plan prior to X
the issuance of any building permits.
32. On the rectified site plan, show the minimum setbacks for each typical and X
atypical lot on the lot detail drawings, adding additional drawings if needed
for atypical lots. Convert "typical" to "minimum" to reflect minimum
setbacks for all possible dimensions and lot configurations. The minimum
setback for each lot shall be as follows: front - 25 feet; side (ZLL) - 0 feet;
side; side interior - 10 feet; rear- 10 feet.
33. The elevation pages shall indicate thc exterior finish, paint manufacturer's X
name, and color codes. Staff recommends using a color schedule (Chapter 4,
Section 7.D.).
34. A single faced name sign on each side of all entrances may be permitted such X
as long as the sign does not exceed 32 square feet in area nor be more than six
(6) feet in height.
35. On the landscape plan, ensure that the plant quantities must match between X
the tabular data and the graphic illustration.
36. All plant material shown on the landscape plan (sheet 3 of 5) must be X
identified with a symbol and its corresponding quantity. On the enlarged
landscape plans (sheets 2 and 3 of 6), label all the proposed plants. Will each
lot contain a Live Oak tree?
37. All shrubs and hedges are required to be at minimum 24 inches in height, 24 X
inches in spread, and planted with tip-to-tip spacing measured immediately
after planting to adequately cover the planted areas on the site (Chapter 7.5,
Article II, Section 5.C.4.).
38. On the landscape plan (sheet 3 of 6), indicate that the 20-foot wide northern X
landscape buffer will also function as a utility easement. Staff recommends
installing a row of hedges and palm trees into the design of the north
landscape buffer as shown on sheet 3 of 6. The recommended plant material
would not conflict with the Ductile Iron Pipe proposed within the easement.
However, any new plant material would need review and approval of the
Engineering Division of Public Works.
39. Staff recommends that the height of the screen enclosures be limited to the X
mean height of the house on which the structure is proposed.
COA
04/23/04
6
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
40. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
41. To be determined.
MWR/elj
S:\Planning\SHARED\WP\PROdECTSW, nderson PUD\NWSP 04-005\COA.doc
I Restorative CWO25W Spicenut 8755A Winestain 8386N Burnt Mission IVRSS 7117
1 R Spicenut 8755A Restorative CWO25W Winestain 8386N Burnt Mission IVRSS 7117
2 Tequila 8672W Woodlet 8685D Mansard Stone 8635D Champagne Cream IVRMS 0190
2R Woodlet 8685D Tequila 8672W Mansard Stone 8635D Champagne Cream IVRMS 0190
3 Stucco Greige 8693M Floral White CWO33W Black Metal 8796N Burnt Mission IVRSS 7117
3R Floral White CWO33W Stucco Greige 8683M Black Metal 8796N Burnt Mission IVRSS 7117
4 Desert Tumbleweed 8723M Moose Point 8715D Wayfarer Grey 8535D Champagne Cream IVRMS
4R Moose Point 8715D Desert Tumbleweed 8723M Wayfarer Grey 8535D Champagne Cream IVR'MS 0190
5 Desert Fawn 8222W Beaver Creek 8765D Dark Colossus 8526A Apple Cider IVRCS 0203
5R Beaver Creek 8765D Desert Fawn 8222W Dark Colossus 8526A Apple Cider IVRCS 0203
6 Saltbush 8183M Weaverbird 7760W Manganese 8826N Opal IVRMS 8583
6R Weaverbird 7760W Saltbush 8183M Manganese 8826N Opal IVRMS 8583
7 Artist's Canvas 8681W Wood Cut 8694M Gristmill 8665D Clay IVRCS 7049
7R Wood Cut 8694M Artist's Canvas 8681W Gristmill 8665D Clay IVRCS 7049
PRIES & W.~ttCOVERI~
Oestgn MW, Copyright 1996, DURON Inc., 10406 Tucker SL Bellsvilte, MD 20706. All Righ;s Reserved 8/02
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Anderson PUD
APPLICANT'S AGENT: Chip Bryan / Julian Bryan & Associates, Incorporated
APPLICANT'S ADDRESS: 1700 Northwest Arcadia Way Boca Raton, FL 33432
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 4, 2004
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 85 single-family zero-lot line
homes on 18.32 acres in the PUD zoning district.
LOCATION OF PROPERTY: West side of Lawrence Road, approximately 1,320 feet south of
Hypoluxo Road.
DRAWING(S): SEE EXHIBIT ~B~ ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation ~lncluded".
4. The Applicant's application for relief is hereby
GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:~Planning~SFIAKEE~Wl~PRO~EIClS'~,,ndelson PUD'~I~VSp 04-005~DO.doc
VI.-CONSENT AGENDA
ITEM D.3.
CITY OF BOYNTON BEAC
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon)
[] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon)
[] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Please place this request on the May 4, 2004 City Commission Agenda under Consent
Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved.
For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-04-070.
EXPLANATION:
PROJECT: Arbolata (SPTE 04-001)
AGENT: William Wietsma
OWNER: ERMOE, LLC
LOCATION: Southeast comer of south Congress Avenue and southwest of SW 35t~ Avenue
DESCRIPTION: Request for a one (1) year time extension of the subdivision master plan approval granted
on February 4, 2003, from February 4, 2004 to February 4, 2005.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~ De~,el0~Sn~nt ~)~epamr,~t Director City Manager's Signature
Planning ~[nd ZoninlleDi~ector City Attorney / Finance / Human Resources
S:Wlanning~SHARED\WP~PROJECTS~trbolata Townhomes~SPTE 04-001XAgenda Item Request Arbolata SPTE 04-001 5-4-04.doc
S:XBULLETINWORMSLAGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04.070
TO: Chairman and Members
Planning & Development Board
THRU: Michael Rumpf
Director of Planning and Zoning
FROM: Eric Lee .lohnson, A1~CP
Planner
DATE: April 20, 2004
PRO.1ECT: Arbolata/SPTE 04-001
REQUEST: Site Plan Extension
PRO3ECT DESCRJ:P'n:ON
Property Owner: ERMLOE, LLC
Applicant / Agent: Mr. William Wietsma with William Wietsma Company
LocaUon: Southeast corner of South Congress Avenue and Southwest 35m Avenue
(see Exhibit "A"- Location Map)
Existing Land Use / Zoning: High Density ResidenUal (HDR) / Planned Unit Development (PUD)
Proposed Land Use/Zoning: No change proposed
Proposed Use: 172 fee-simple townhouse units
Acreage: 16.087 acres (700,75! square feet)
Adjacent Uses:
North: Right-of-way of SW 35th Avenue then developed property (Guardian Self-
storage and Sterling Records Storage) designated Industrial (D land use and
zoned H-! [ndustrial;
South: Right-of-way for the Lake Worth Drainage District L-28 (lateral) Canal, then
developed properUes, containing a variety of industrial uses, designated
]~ndustrial ([) land use and zoned M-! Industrial
East: Developed County-owned recreaUon facility (Caloosa Park) designated
Recreational (R) land use and zoned REC RecreaUon; and
West: Right-of-way for South Congress Avenue, then developed residenUal property
([sles of Hunter's Run) designated Low Density ResidenUal (LDR) land use at
a density of 4.84 du/ac, and zoned PUD Planned Unit Development.
Page 2
Memorandum No. PZ 04-070
BACKGROUND
According to public records, the property has been owned by ERMLOE, LLC since 2002. The subject
property is a rectangular-shaped parcel totaling slightly over 16 acres. According to the subdivision
master plan staff report, the parcel had been cleared but is sparsely populated with Sabal palm trees
ranging from four (4) to 20 caliper inches wide. The survey showed that the highest elevation was 15
feet, located at the northwest comer of the property. The soils consisted of very loose to medium dense,
light brown to dark brown quartz fine sand to a depth of 15 feet below the land surface. However, the
site's terrain, including the points of elevation, has been altered recently in anticipation of preparing the
site for development since when the original site plan staff report was written.
On February 4, 2003, the subdivision master plan was approved for the construction of 172 fee-simple
townhouse units within 24 buildings on 16.08 acres. According to the previous staff report, the proposed
density is 10.8 dwelling units per acre. Each of the 24 buildings would contain one (1) of the two (2)
types of units. Each unit style would have three (3) bedrooms but vary slightly in terms of their overall
living area and number of floors (end units would be one-story). One point of ingress / egress was
proposed along Southwest 35~ Avenue. According to the approved site plan, it appeared that this access
would accommodate two (2) lanes for ingress and two (2) lanes for egress. The subdivision master plan
showed emergency vehicle ingress ! egress would be provided at an opening along Congress Avenue.
Mr. William Wietsma is now requesting a one (1)-year time extension, for the subdivision master plan
(SBMP 02-005) approved on February 4, 2003. [t must be noted that on .June 17, 2003, the City
Commission approved Ordinance 03-028, which was the second reading of the concurrent land use
amendment / rezoning application (LUAR 02-009), also submitted by Mr. Wietsma. This land use
amendment / rezoning request successfully changed the underlying land use from Industrial (1) to High
Density Residential (HDR) and the zoning from Ught Industrial (M-l) to Planned Unit Development (PUD).
The gross density of the project was approved at 10.8 dwelling units per acre, which was in compliance
with the maximum density allowed in the HDR land use category. Both the City Commission and the
Rodda Department of Community Affairs (DCA) approved the land use amendment and rezoning
application. However, a subdivision master plan is valid for only one (1) year after a development order
has been issued. The developer is required to secure a building permit within that year. If this request for
extension were approved, the expiration date of this site plan, including concurrency certification would be
extended to February 4, 2005.
ANALYS~[S
According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department". Examples of building permits
include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural.
The Regulations authorize the City Commission to approve one (1) year time extensions, provided that
the applicant files the request prior to the expiration date of the development order. Zn this case, the
applicant has met that requirement. The Planning &, Zoning Division received the application for time
extension on February 2, 2004, which is two (2) days prior to the expiration date of the subdivision
master site plan.
According to the time extension application, the "delay in obtaining building permits has been due to the
fact that we had to also had to obtain zoning change approval from the DCA (granted August, 2003),
South Florida Water Management approval (November, 2003), and plat approval (pending) before we
could proceed with building permit approval".
Page 3
Memorandum No. PZ 04-070
While it may be true that the applicant experienced delays caused by outside government agencies, the
responsibility rests upon the applicant to the least extent to submit drawings to the Building Division to
secure a building or infrastructure type of permit. Submitting these types of permit plans demonstrates
"good faith" to the City that the developer is attempting to complete the project. As of today, the
applicant has secured two- (2) land development type of permits. A clearing and grubbing permit was
issued on February 6, 2004 and an excavation and fill permit was issued on April 7, 2004. In defense of
the developer, however, they submitted for plat approval in early December of 2003. Staff reviewed the
plat and generated comments on .lanuary 29, 2004. Also, a more formal criterion for evaluating requests
for time extensions is a project's compliance with (traffic) concurrency requirements. On October 31,
2002, the Palm Beach County Traffic Division approved the traffic study for 172 multi-family dwelling
units with a build-out year of 2006.
The Traffic Division's condition recommended that the City "review potential need for installation of traffic
control and safety devices at the Intersection of Congress Avenue and Southwest 35~ Avenue, with
emphasis on southbound and westbound movement, where the project is expected to add 32 peak hour
trips to each movement. The site plan time extension is still subject to the 21 conditions approved in the
original subdivision master plan. Also, it should be noted that the applicant was recently approved for a
minor site plan modification (HMSP 03-083) for the reduction of units (from 172 to 158). This
modification was made, in part, to replace all two (2)-car garages with one (1)-car garages.
RECOMMENDATION
Staff recommends approval of this request for a one (1)-year time extension of the subdivision master
plan (SBMP 02-005). As previously mentioned, if this request for site plan time extension is approved, all
conditions of approval from the original subdivision master plan must still be satisfactorily addressed
dudng the building permit process. Any additional conditions of approval recommended by the Board or
City Commission would be placed in Exhibit "C"- Conditions of Approval.
S:\Planning~SHARED\WP\PROJECTS~,rbolata Townhomes~SFTE 0~-001~Staff Report. doc
Location Map EXHIBIT"A"
ARBOLATA TOWNHOMES
EXHIBIT "B"
i i :1 i i~ I,.~''~' 'J
· .~
EXHIBIT "C"
Conditions of Approval
Project name: Arbolata
File number: SPTE 04-001
Reference: Site Plan Time Extension
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
2. To be determined.
S:\Planning\SHARED\WP\PROJECTS~,rbolata Townhomes\SPTE 04-001\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Arbolata (SPTE 04-001)
APPLICANT'S AGENT: Mr. William Wietsma with William Wietsma Company
APPLICANT'S ADDRESS: 25 Seabreeze Avenue, Suite 304 Delray Beach, FL 33483
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 4, 2004
TYPE OF RELIEF SOUGHT:Request one (1) year site plan time extension for 172 fee-simple
townhouse units approved on February 4, 2003 (an extension to
February 4, 2005)
LOCATION OF PROPERTY: Southeast corner of South Congress Avenue and Southwest 35u~
Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
... HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation ~lncluded".
4. The Applicant's application for relief is hereby
GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:~Planning\SHARED\WP~PROJECTS~Arbolata Townhomes\SPTE 04-001\DO.doc
VI.-CONSENT AGENDA
ITEM F.
CITY OF BOYNTON BEAC
AGENDA ITEM REQUEST FOl~l[[ ~,PR 21 Pl~ 2:25
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon)
[] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon)
[] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda - [] Public Heating
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Authorize the use of Community Investment Funds to the Gulf Stream Council, Inc. - Boy Scouts
of America by Commissioner Ensler.
EXPLANATION: Commission approval for allocation of $1,000 of community investment funds to the Boy Scouts of
America to provide a quality program for the registered boy scouts in Boynton Beach.
PROGRAM IMPACT: Allocation of funds will assist the above program.
HSCAL IMPACT: Funds are budgeted for these types of activities. Each Commissioner has $12,000 in Community
Investment funds to allocate subject to Commission approval.
ALTERNATIVES: Decline to authorize the requested use.
Department Head's Signature City Manager's Signature
Departmem Name City Attorney / Finance / Human Resources
S:'xBULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part I- Summary of Request
Date of Request: April 20, 2004
Requested by Mayor/Commissioner: Bob Ensler
Amount Requested: $1,000
Recipient/Payee: Gulf Stream council, Inc. - Boy Scouts of America
Description of project, program, or activity to be funded: Gulf Stream Council to be able to
provide a quality program to the registered boy scouts in Boynton Beach.
Dated: /~ ~/~7 ~,,~
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $12,000. $1,000 has been used to date by the requesting Member, leaving a
balance of available funds orS 11,000. This request would bring the available amount down
to $10,000.
Accordingly:
a" There are funds available as requested
ca There are insufficient funds available as requested.
Dated: ~-OO-O0t By: ~ ~
Finance Director
Part III- Eligibility Evaluation (to be completed by City Manager)
~ The proposed expenditure of funds will not result in improvement to private
property;
~' The recipient/payee is a resident of the City of Boynton Beach or is a legal
entity with offices in the City of Boynton Beach;
I, d0 · o The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
O'q~roper safeguards are being implemented to assure that the public funds being
appropriated will be used for the stated
Dated: ~[~l )O~ By: ~' --"
City ~V'~anager
S:\City MgrLAdministrationhMAYORCOM\COMMUNITY INVESTMENT~Ensler-Boy Scouts 5-4-04.doc, 4/20/2004
GULF STREAM COUNCIL, INC.
BOY SCOUTS OF AMERICA
8335 North MilitaryTrail
Palm Beach Gardens, FL 33410~6329
561-694-8585 · Fax 561-694-9050
April 16, 2004
Bob Ensler
Commissioner
City of Boynton Beach
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425
Dear Commissioner Ensler:
For 94 years the Boy Scouts of America has been know for its traditional objectives in
Character Building, Citizenship Training, Self-reliance, Duty to God and Country, and
respect for others. Today these objectives are more important than ever.
When we ask parents why they have signed their children up for Scouting, one answer
stands out: They know Scouting for its character-building reputation and that it will
deliver.
Scouting does not happen in a community without strong leadership and major financial
support. There are over 350 registered Scouts chartered by 12 different schools and
religious organizations in Boynton Beach. For the Gulf Stream Council to be able to
provide a quality program to these youth the cost is approximately $42,000. Therefore,
we are asking you, as a Commissioner for the City of Boynton Beach, to contribute
whatever you can. If each Commissioner would invest $1,000 towards Scouting in the
Boynton Beach area it would greatly assist us in reaching our goal.
We think you will agree with us that a strong Scouting program is important to the
community of Boynton Beach. We need your help to support this essential program in
your area.
Thank you for your consideration,
Sincerely,
Steve Landin
Manatee Distdct Executive
Gulf Stream Council
OA United Way Agency serving the Youth of Palm Beach, Martin, St. Lucie, Indian River, Okeechobee, Glades and Hendry Counties.
VI.-CONSENT AGENDA
[TEM G
CITY OF BOYNTON BEAC!
AGENDA ITEM REQUEST FOledv
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon)
[] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon)
[] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon)
[] May18,2004 May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Heating
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: City Commission approval for the transfer of funds from the City Contingency Account No. 001-
1211-512-99-01 to the Forestry & Grounds' Parks Maintenance Account No. 001-2830-572-46-95 in the amount of $48,000.
EXPLANATION: During the budget adoption process, the budget for this account was reduced by $48,000 to reflect
anticipated savings based on the installation of low-flow irrigation sprinklers. This savings has not been realized due to a
delay in implementing the program.
PROGRAM IMPACT: Expenditures within this account are contractual commitments.
FISCAL IMPACT: Contingency Accounts -- 001-1211-512-99-01 $101,140
Transfer to Forestry & Grounds - 001-2730-572-46-95 $ (48,000)
Balance in Contingency $ 53,140
ALTERNATIVES:
Department Head's Signature City Manager's Signature
Department Name City Attorney / Finance / Human Resources
S:~J3ULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC
VI.-CONSENT AGENDA
ITEM H.
CITY OF BOYNTON BEA
AGENDA ITEM REQUEST FURtvl
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon)
[] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon)
[] May4,2004 Aprillg, 2004(Noon) l__l July6,2004 June l4, 2004 (Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business
AGENDA ITEM [] City Manager's Report [] Presentation
-.~:.
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION:
Motion to authorize the Utilities Department to turn over $56,814.61 in unpaid Utility and Refuse
billings to the City's collection agency, and authorize the Finance Department to reduce the Allowance
for Uncollectible Account by that same amount.
EXPLANATION:
The $56,814.61 involves 401 accounts for the first six months (October 1, 2002 to March 31, 2003) of
the fiscal year 2003. Attempts by the City to collect these past due amounts have been unsuccessful since
a majority of the accounts are fi.om rentals and the customer has moved from the area.
The amount being deemed uncollectible comprises less than one-half of one percent (actually 0.37%) of
the total amount billed during that period for water, sewer, stormwater and refuse. We consider this an
acceptable loss when compared to neighboring municipalities, such as Deerfield Beach, Boca Raton,
Delray Beach and Lake Worth who consider an average of ½% to 1% loss in uncollected revenues to be
acceptable. Our percentage falls below that value, and is therefore within the local governmental
standard.
PROGRAM IMPACT:
None
S:~BULLETIN~FORMS~,AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT:
Minimal since the amount being deemed uncollectible is less than ½% of the total revenues collected for
that time period.
ALTERNATIVES:
Continue to carry the unpaid accounts in the Allowance of Uncollectible Accounts.
Department Head(~ Signature C]'ty Manager'~ Signature
Utilities ~
Department Name City Attorney / Finance / Human Resources
XC: Dale Sugerman (w/attachments)
Peter Mazzella "
Tony Penn "
Bill Atkins, Finance Dept."
City Attorney "
File
S:~BULLETINxFORMSLa, GENDA ITEM REQUEST FORM.DOC
~m~m~oooooo~
~~~oooooo~
o~6 ~ ,m~
WRITE-OFF COMPARISONS
COMMISSION ACTION DATE AMOUNT PERCENTAGE OF REVENUES
12/19/2000 $251,140.27 0.54%
2/5/2002 $147,344.24 0.54 %
2/18~2003 $166,687.46 0.57%
7/15/2003 $130,561.06 0.43%
5/4/2004 $56,814.61 0.37%
VI.-CONSENT AGENDA
ITEM I.
CITY OF BOYNTON BE/
AGENDA ITEM REQUEST 'Ol Vl
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) ~ -.~--< '
[] April20,2004 April 5, 2004 (Noon) [] Junel5,20tM may 31, 2004 (Noon);:O'
[] May4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon)
[] MaylS, 2004 May 3, 2004 (Noon) [] July20,2004 JulyS, 2004(Noon) ~ --r~~
r,o
[] Administrative [] Legal ::x:
NATURE OF [] Announcement [] New Business
AGENDA ITEM [] City Manager's Report [] Presentation
[] CousentAgenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: motion to approve the "SERRANO, a P.U.D." Record Plat, conditioned on the'approval being the -
certification of the plat documents by H. David Kelley, Jr., PE/PSM (City Engineer and Surveyor & Mapper).
EXPLANATION: The record plat review for this project commenced on October 13, 2003, to which the second and final
review was completed on March 10, 2004. Several plat preparation changes not withstanding, staffhas been awaiting for the
Palm Beach County School District (PBCSD) to allow utility access through their elementary school (Crosspoint) property for
utility connections along the South Congress Avenue corridor. Staffhas been advised that the PBCSD has this issue (item
#12D-4) on their April 21, 2004 School Board meeting agenda. This includes an Agreement between the PBCSD and D. R.
Horton, Inc. (applicant) as well as the leasing of a utility easement that would ultimately be conveyed to the city of Boynton
Beach (as Exhibit "C" of the aforesaid Agreement). Bases on the PBCSD anticipated approval, staffnow-recommends that
the City Co,ni, iission approve the plat as presented subject to final signatures of the city Engineer and the Mayor.
PROGRAM IMPACT: The proposed development will continue to be delayed until the proposed record plat (and
construction plans) have received technical compliance pursuant to the Land Development Regulations. The Land
Development Permit (LDP) cannot be issued until the proposed record plat is acceptable for recording with the Clerk of the
Circuit court of Palm Beach County, Florida. Construction permitting commences after the issuance of the LDP.
FISCAL IMPACT: None
ALTERNATIVES: The proposed development will continue in abeyance until the proposed record plat ~s received in
acceptable form, and the construction plans have been approved for permitting.
Public Works / Engineering Division
Depa~urtent Name City Attorney / Finance / Human Resources
S:kBULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC
GOLF ROAD
u.i
L-28 CANAL ..31 32
I PALMLAND DRIVE 6 5
LOCATION MAP
SEC.31, TWP.45S, RGE.43E
NOT TO SCALE
THE SCHOOL DISTRICTOF BARRY I. PRESENT ARTHUR C. JOHNSON, Ph.D.
PALM BEACH COUNTY, FLORIDA DIRECTOR OF REAL ESTATE SERVICES SUPERINTENDENT
REAL ESTATES SERVICES
3300 FOREST HILL BOULEVARD, B-246
WEST PALM BEACH, FL 33406
(561) 434-8021 FAX (561) 434-8482
March 19, 2004
, ENGINEERING
Dave Kelly, City Engineer
City of Boynton Beach
100 East Boynton Beach Boulevard
Post Office Box 310
Boynton Beach, FL 33425
RE: Crosspointe Elementary School - Easement to D.R. Horton, Inc.
Dear Mr. Kelly:
Enclosed find a copy of agenda item 12D-4 scheduled to be considered by the School
Board on April 21, 2004. A copy of the entire agreement, with exhibits, is attached for
your reference. The form of the utility easement that would ultimately be conveyed to
the City of Boynton Beach is attached to the agreement as Exhibit "C".
If you have any questions please call me at 561-434-8022.
Sincerely,
Ray Walter
Sr. Real Estate Specialist
JRW:cc
Attachments
C: Jim Mahannah, PE, Schnars Engineering (w/o enclosures)
Rob Tessar, D.R. Horton, Inc. (w/o enclosures)
EQUAL OPPORTUNITY EMPLOYER
Board Meeting Date: April 21, 2004 ~.%~it~j~) Agenda Item # 12 D-4
SCHOOL DISTRICT OF PALM BEACH COUNTY
BOARD AGENDA ITEM SUMMARY
REAL ESTATE SERVICES
I recommend the School Board approve the Utility Easement Agreement, providing for a
non-exclusive utility easement to be granted to the City of Boynton Beach along the
northern boundary of the Crosspointe Elementary School campus for municipal potable
water and wastewater lines to be installed by D.R. Horton, Inc., for their residential
development adjacent to the Crosspointe Elementary School Campus; and authorize the
Chairman and Superintendent to sign all necessary documents.
D.R. Horton, Inc., ("Horton") is developing a site abutting the west side of the Crosspointe
Elementary School campus.
Potable water and wastewater service for Horton's development will be provided by the City
of Boynton Beach.
The City requires that water and wastewater lines be "looped" with connections to the
municipal system at two points, and as such Horton desires to make a connection to the
City's system lying in an existing municipal utility easement adjacent to Congress Avenue at
the northeast corner of the Crosspointe Elementary School campus (see Attachment 1).
Horton will install underground water and wastewater lines in a 22' strip of land along and
within the school's north boundary, connecting to the existing utility easement adjacent to
Congress Avenue at the northeast corner of the Crosspointe Elementary School campus.
(see Attachment 2).
The proposed utility easement area is approximately 15,475 square feet (.36 acre +/-).
The School Board will receive $18,000 as the appraised value of the access easement.
The easement parcel will continue to be used by the school for purposes not in conflict with
the utility easement, and all improvements will remain. The easement holder will be
responsible for any damage or impact caused to any improvements within the easement.
~ The agreement provides for construction to be completed over the 2004 summer break.
BOARD GOAL(S): 6 KEY RESULT(S): 10
LEGAL SlGN-OFF Yes [] BRL NIA []
CONTACT: Jose_Dh Itoore (.ooreleltat;.~)alabeach.kJ2.f].us)
Joseph !I. Satlches(sancheslLa~latl.Dalmbeach.k12.fl .us)
FUND SOURCE: N/A
IFINANCIAL IMPACT ! The financial impact is a positive $18,000. I
CONSENT AGENDA ITEM
UTILITY EASEMENT SALE AND PURCHASE AGREEMENT
THIS AGREEMENT, entered into this day of ,20 , by and
between the School Board of Palm Beach County, FIo"----Hda hereinafter referred to as'S~h~°l Board',
and D.R. Horton, Inc., a Delaware corporation, whose address is 1192 East Newport Center Drive,
Suite 150, Deerfield Beach, FL 33442, hereinafter referred to as 'Buyer."
WITNESSETH:
WHEREAS, the School Board owns certain real property in Palm Beach County described in
Exhibit "A", hereinafter referred to as the "Easement Parcel", (said parcel being a portion of the
School Board's Crosspointe Elementary School Campus, Parcel Control Number 08-43-45-31-00-
000-5040, hereinafter "School Campus"); and
WHEREAS, Buyer is the owner and developer of certain lands described in Exhibit
attached hereto, adjoining the School Campus; and
WHEREAS, Horton requests a utility easement be granted to the City of Boynton Beach
("City') over a portion of the School Board's Crosspointe Elementary School Campus enabling Buyer
to order to connect with the City's municipal potable water and wastewater facilities; and
WHEREAS, the School Board has agreed to grant the City a utility easement.
NOW THEREFORE, in consideration of the mutual covenants and promises of the parties
hereto, School Board and Buyer agree as follows:
1. The recitals set forth above are true and correct and form a part of this Agreement.
2. Grant of Utility Easement
A. School Board hereby acknowledges, represents and warrants to Buyer that
the School Board is lawfully seized of the Easement Parcel and has good and lawful right to grant
the utility easement over, across and through the Easement Parcel described in Exhibit "A" in the
form attached hereto as Exhibit
B. Buyer agrees to pay to the School Board the total amount of Eighteen
Thousand Dollars ($18,000.00) for the dght of access and the utility easement in the form attached
hereto as Exhibit "C', hereinafter referred to as "Utility Easement' no less than thirty (30) days prior
to commencing construction.
C. VVithin thirty (30) days following completion of construction of the utility
improvements and restoration of any/all of School Board's improvements in' the Easement Parcel
and delivery of the as-built construction drawings, School Board agrees to execute and deliver the
Utility Easement to Buyer.
D. School Board shall deliver the Utility Easement and any notices pursuant to
this Agreement to Buyer by hand delivery, couder service, or overnight mail, or altematively by
United States Certified Mail, with Return-Receipt Requested to:
D.R. Horton, Inc., a Delaware corporation
Attn: A. Rob Tessar, Jr.
1192 East Newport Center Ddve, Suite 150
Deerfield Beach, FL 33442
-1-
E. Buyer shall deliver the required payment for the Utility Easement and any
notices pursuant to this Agreement to School Board by hand delivery, courier service, or overnight
mail, or alternatively by United States Certified Mail, with Return-Receipt Requested to:
The School Board of Palm Beach County, Florida
Attn: Director, Real Estate Services Department
3300 Forest Hill Boulevard Suite B-246
West Palm Beach, FL 33406
3. Applicable Law
Any litigation arising from or relating to this Agreement shall be governed by the laws
of the State of Florida and venue in any such proceeding shall be exclusively in Palm Beach County,
Florida.
4. Severability
In the event that any section, paragraph, sentence, clause, or provision of this
Agreement is held to be invalid by a court of competent jurisdiction, such shall not affect the
remaining portions of this Agreement and the same shall remain in full force and effect.
5. Costs
Buyer assumes sole and .absolute responsibility for identifying and paying any and all
costs whatsoever arising out of this Agreement and the grant of easement, including without
limitation to recording costs and documentary stamps, if applicable.
6. Enforcemen{ Costs
Any costs or expenses, including reasonable attorney's fees, associated with the
enforcement of the terms or conditions of this Agreement shall be borne by the respective parties.
7. Entirety of Agreement
This Agreement represents the entire understanding between the parties, and
supersedes all other negotiations, representations, or agreement, either written or oral, relating to
this Agreement.
8.. Recording
This Agreement shall not be filed or recorded with the Clerk of the Circuit Court in
and for Palm Beach County, Florida, or any other county.
9. Modifications of Agreement
No additions, alterations, or variations from the terms of this Agreement shall be
valid, nor can the provisions of this Agreement be waived by either party, unless such addition,
alternation, variation or waiver is expressed in writing and signed by the parties hereto.
10. Captions
The captions and section designations set forth herein are for convenience only and
shall have no substantive meaning.
-2-
11. Survival
The parties warranties, agreements, covenants and representations set forth herein
shall not be merged and shall survive consummation of the transaction contemplated by this
Agreement.
12. Incorporation by Reference
Exhibits attached hereto and referenced herein shall be deemed to be incorporated
into this Agreement by Reference.
13. Time of Essence
Time is of the essence with respect to the performance of each and every provision
of this Agreement where a time is specified for performance.
14. Grant of Access to the Easement Parcel
Upon approval of this Agreement by all parties, and upon Buyer's compliance with
the Liability and Indemnification provisions described below, Buyer shall be provided access to the
Easement Parcel to construct and install the improvements enabling Buyer to connect with the City's
municipal potable water and wastewater facilities.
15. Specific Conditions
A. Buyer shall submit to School Board's Chief of Facilities Management, or his
designee, ("CFM") a written construction schedule and plans for review and approval not less than
thirty (30) days prior to the proposed commencement of construction involving the Easement Parcel.
The CFM shall have fifteen (15) days to review the written construction schedule and plans and to
.notify Buyer whether any such written construction schedule and plans are approved or
disapproved, in the reasonable discretion of the CFM. The CFM shall specifically state the basis for
any disapproval of Buyer's construction schedule and/or plans.
B. Buyer shall complete any and all installation or construction work at times
when school is not in session. This Agreement contemplates that the initial installation work will be
commenced no earlier than 9:00 a.m. June 1, 2004 and will be completed no later than 5:00 p.m.
August 10, 2004. All work involving the connection of service shall be specifically coordinated with
the CFM, and in order to minimize the possibility of disruption of service to School Board's facilities,
the School Board reserves the right, at School Board's option, to require that any such work be
completed outside of normal business hours, including weekends. Buyer shall repair, replace,
and/or restore at its sole cost any/all of School BOard's improvements on the Easement Parcel
which are damaged as a result of any installation or construction work by Buyer.
C. Buyer shall ensure that the Easement Parcel is safe and secured at all times
that work is being performed from the Easement Parcel and that such work is conducted in such a
way as to avoid the risk of personal injury to the students, visitors, faculty and staff of the School
Board. Buyer shall ensure that, during and as a result of use by Buyer, School Board's existing
roadway, which is partially encumbered by the Easement Parcel, shall remain open and passable by
School Board's pedestrians and vehicles, including school, buses.
D. Buyer shall deliver "as-built" drawings to the CFM, which identifies all work
completed, and improvements, alterations and modifications affecting School Board's property,
within thirty (30) days following the completion of the work on the Easement Parcel.
-3-
E. This Agreement shall be terminated and void in the event Buyer shall not
commence construction to install the water and wastewater lines within 180 days following approval
of this Agreement by the School Board, or in the event Buyer shall fail to complete such installation
and deliver 'as-built" drawings to the CFM, within 210 days following the commencement of Buyer's
work on the Easement Parcel.
16. Posting of Bond or Secudty
Buyer shall post a bond or cash escrow deposit held by a third party mutually agreed
to by the parties in the amount of $50,000 ("Security") as secudty for its performance of all of its
obligations under this Agreement no less than thirty (30) days pdor to commencing construction.
Buyer acknowledges that, in the event Buyer fails or refuses to complete its obligations under this
Agreement, the School Board has the dght to demand that the Security be immediately tendered
and forfeited to the School Board.
17. Liability and Indemnification.
A. Buyer, at Buyer's sole cost and expense, shall at all times until full
responsibility for the Utility Easement, and the municipal potable Water and wastewater facilities in
the Utility Easement, is assumed by the City, maintain in full force and effect, commemial general
liability insurance, including property damage and personal injury damage, in the amounts of
$1,000,000.00 and all exposures associated with the terms and conditions of Buyer's use of the
Easement Parcel or the School Campus in any way, and such policy shall include the School Board
as an additional insured and provide the School Board with at least thirty (30) days prior notice in the
event of cancellation, non-renewal, or material adVerse change in coverage. Compliance with the
foregoing requirements shall not relieve Buyer of its liability and obligations under this Agreement.
Buyer shall provide School Board with a certificate evidencing these coverages not less than thirty
(30) days prior to commencing construction.
B. Buyer acknowledges and agrees that any of Buyer's personal property or the
water or wastewater lines maintained on or in the Easement Parcel or the School Campus is at
Buyer's sole risk, and the School Board shall have no obligation, liability or responsibility to Buyer for
loss or damage thereto. Buyer shall provide a certificate evidencing insurance coverages as
required herein. Failure of Buyer to maintain the required insurance coverages shall be grounds for
immediate termination of this entire Agreement.
C. For good and valuable consideration, the adequacy and receipt of which is
hereby acknowledged, Buyer agrees to protect, defend, reimburse, indemnify and hold the School
Board, its agents, employees and elected officers harmless from and against all claims, liability,
expenses, costs, damages and causes of action of every kind or character, including attomey's fees
and costs, whether at trial or appellate levels or otherwise, arising from or in any way connected to
Buyer's use of any portion of the Easement Parcel or the School Campus.
D. The parties acknowledge the School Board's sovereign immunity for liability in
tort contained in Florida Statutes Section 768.28, and acknowledge that such statute permits actions
at law to recover damages in tort for money damages up to the limits set forth in such statute for
death, personal injury or damage to property caused by the negligent or wrongful acts or omissions
of an employee acting within the scope of the employee's office or employment.
18. Default
In the event that Buyer fails or refuses to perform any term, covenant or condition of
this Agreement for which a specific remedy is not set forth in this Agreement, the School Board
shall, in addition to any other remedies provided at law or equity, have the right to specific
performance thereof.
-4-
19. Assignment
Buyer may not assign this Agreement or any interest herein without the prior written
consent of the School Board, which may be withheld at. the School Board's sole and absolute
discretion. This provision shall be construed to include a prohibition against any assignment by
operation of law, legal process, bankruptcy, receivership or otherwise, whether voluntary or
involuntary.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first
written above.
SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA
By:
Thomas E. Lynch, Chairman
Arthur C. Johnson, Superintendent, Ph.D.
APPROVED TO FORM AND
LEGAL SUFFICIENCY: Date signed by School Board
School I~oard Attorney '
D.R. HORTON, INC., a Delaware Corporation
By:
Signature
Pdnted Name
Title
ATTEST:
By:
Signature
Printed Name
Title
Date signed by D.R. Horton, Inc.
-5- '
Exhibit A
TeL (50~ 24M~e8
951 Broken Sound Parkway, Suite 108 SURVEYING & MAPPING
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
SERRANO - OFFSITE UTILITY EASEMENT
LEGAL DESCRIPTION:
A PORTION OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-
OUARTER OF SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING
MORE PARTICULARLY DESCRIBED A5 FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF THE 5OUTHEAST ONE-
0UARTER OF SAID SECTION 31~ THENCE NORTH 87°20'O7" EAST, ALONG
THE SOUTH LINE OF 5AID 50UTHEAST ONE-QUARTER, A DISTANCE OF
1353.60 FEET~ THENCE NORTH 01°11°12" WEST, ALONG THE WEST LINE OF
SAID SOUTHEAST ONE-OUARTER OF THE SOUTHEAST ONE-QUARTER, A
DISTANCE OF 645.42 FEET TO THE POINT OF BEG[NNING~ THENCE
CONTINUE NORTH O1°11'12" WEST, ALONG SAID WEST LINE, A DISTANCE
OF 22.01 FEET~ THENCE NORTH' 87°24'21" EAST, ALONG THE NORTH LINE OF
SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, A
DISTANCE OF 657.38 FEET~ THENCE SOUTH 46°40'22" EAST, A DISTANCE OF
30.56 FEET~ THENCE SOUTH 88°3G'17~ WEST, A DISTANCE OF 6.09 FEET~
THENCE 5OUTH O1'23'43'" EAST, A DISTANCE OF 20.00 FEET~ THENCE
NORTH 88°36'17" EAST, A DISTANCE OF 44.39 FEET~ THENCE SOUTH
01°23'43-' EAST, A DISTANCE OF I1.00 FEET (THE LAST FOUR'DESCRIBED
COURSES BEING COINCIDENT WITH THE WESTERLY BOUNDARY.OF A
UTILITY EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 13874 AT
PAGE 250 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA)~
THENCE 5OUTH 88°36'17'' WEST, A DISTANCE OF 38.26 FEET~ THENCE
NORTH 46°40°22~ WEST, A DISTANCE OF 43.08 FEET~ THENCE SOUTH
87°24'21" WEST, ALONG A LINE 22.00 FEET SOUTH OF AND PARALLEL WITH
SAID NORTH LiNE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST
ONE-OUARTER, A DISTANCE OF 648.60 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH
COUNTY, FLORIDA, AND CONTAIN 15,475 SQUARE FEET, MORE OR LESS.
NOTES
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH
AND DESCRIPTION.
3. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF THE SOUTHEAST
ONE-QUARTER OF SECTION 31-45-45, HAVING A BEARING OF NORTH 87°20'07" EAST.
ACCORDING TO THE STATE PLANE COORDINATE SYSTEM, STATE OF FLORIDA, EAST
ZONE, NORTH AMERICAN DATUM OF 198,3, 1990 ADJUSTMENT.
CERTIFICATION
I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON
COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN
CHAPTER 61G17-6. FLORIDA ADMINISTRATIVE CODE. PURSUANT TO
SECTION 472,027, FLORIDA STATUTES, AND THAT SAID SKETCH AND
DESCRIPTION IS )'-,~UE AND CORRECT TO THE BEST OF MY KNOWLEOGE
UNDER MY DIRECTION.
FL~ORIDA LICENSE NO. LSSlll
LAST DATE OF FIELD WORK :NOT A SURVEY
','ole~' No~re, SERRNiO I " OFFSITE UTILITY EASEIdENT JIM*rE, V09/2004
,~e NO. 03105 I~ BY, ,ISH [ AI~ S.F. 1~14/2004
I CX'D By, ,JS I SHEET ~OF 2
, Exhibit A
SKETCH AND LEGAL DESCRIPTION
, . ~ SOt23 45 E t ~2~ CANAE
~ I X NN~~ SECJL ~P.45S, RGE.4JE
~ I X 4~' NOT TO SC~
II I ~or23'4YE
ABBR~ATIONS
O.E. DRAINAGE EASE~NT
~1 I ~ L.B. LICENSED BUSINESS
~ I~ ~ L.S. LICENSEOSUR~Y~
. O.R.B. O~F~C~AL RECTOS BOOK
P.O.B. POINT ~ BEGINNING
P.O.C. POINT ~ C~NCE~NT
~ ~ I~ I ~ P,B.C.R. PALM BEACH C~NTY REC~D$
P. S.M. PROFE$51~ 5URVEY~
6 ~PPER
I
I
~ :~
P.O.B.
· , Exhibit B , ,
JRVEYING & MAPPING
Pmp~ed by: Jeff S. Hodapp, P.S.M.
ertift~te of Authod~on No. LB7264
51 Bm~n Sound Parkw~, Suite 108
Boca Raton, Fl~da 3~87
Tek (5~) 2~988
F~: ~) 2~182
DESCRIPTION,
KNOW ALL MEN BY THESE PRESENTS THAT D.R. HORTON, INC., A DELAWARE
CORPORATION, LICENSED TO DO BUSINESS IN FLORIDA, OWNER OF THE LANDS
SHOWN HEREON, BE[NO A PORTION'OF THE SOUTHEAST ONE-QUARTER OF THE
SOUTHWEST ONE-QUARTER OF THE'SOUTHEAST ONE-QUARTER OF SECT[ON 51,
TOWNSHIP 45 SOU~H, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND
SHOWN HEREON AS "SERRANO, A P.U.D.", AND BE[NO MORE'PARTICULARLY
DESCRIBED AS FOLLOWS: -'
COMMENCING AT THE SOUTHWEST CORNER' OF SAID:SOUTHEAST ONE-
QUARTER; THENCE NORTH 87020'07'' EAST, ALONG THE SOUTH LINE OF
SAID SOUTHEAST ONE-QUARTER, A DISTANCE OF 676.80 FEET; THENCE
NORTH 01°04'57'' WEST, ALONG THE WEST LINE OF SAID SOUTHEAST ONE-
QUARTER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-
QUARTER, A DISTANCE OF 40.95 FEET TO THE POINT OF BEGINRING;
..THENCE CONTINUE NORTH 01004'57'' WEST, ALONG SAID WEST LINE, A
DISTANCE OF 627.56 FEET; THENCE NORTH 87°24'21'' EAST, ALONG THE
NORTH LINE OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHWEST
ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, A DISTANCE OF 675.57
FEET; THENCE SOUTH 01°11'12'' EAST, ALONG THE EAST LINE OF SAID
SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER, A DISTANCE"OF 626.50 FEET; THENCE SOUTH
87020'07'' WEST, ALONG THE NORTH LINE OF THE LAKE WORTH DRAINAGE
DISTRICT L-28 CANAL RIGHT-OF-WAY, AS PER CHANCERY CASE 407, AS
RECORDED IN OFFICIAL RECORDS BOOK 6495 AT PAGE 761 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, A.DISTANCE OF 676.75 FEET
TO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH
" 'COUNTY, FLORIDA, AND CONTAIN 9.728 ACRES, MORE OR LESS.
Exhibit "C"
NON-EXCLUSIVE UTIUTY EASEMENT
THIS EASEMENT is made, granted and entered into this ~ day of ,
20 , by The School Board of Palm Beach County, Florida (hereinafter referred to as
'Grantor"), whose address is 3300 Forest Hill Boulevard, c/o Real Estate Services'
Department, Suite B-246, West Palm Beach, FL 33406, to the City of Boynton Beach, a
political subdivision of the State of Flodda (hereinafter referred to as "Grantee"), whose
address is
WITNESSETH
That Grantor, for and in consideration of the sum ofTen Dollars ($10.00) in hand paid
by the Grantee and other good and valuable consideration, the receipt of which is hereby
acknowledged, does hereby grant to the Grantee, its successors and assigns, a perpetual
non-exclusive utility easement which shall permit Grantee authority to enter upon the
property of the Grantor to construct, install, operate, maintain, service, repair and inspect
potable water, reclaimed water and/or wastewater lines across the-easement parcel
('Easement Parcel").
The easement hereby granted covers a strip of land lying, situate and being in Palm
Beach County, Florida, and being more particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Grantor reserves the dght to locate above ground and subsurface improvements, including
but not limited to fences, irrigation lines, landscaping, light poles, utility lines, sidewalks,
roadways, parkways and parking lots, within the Easement Parcel. Grantee
acknowledges that the Easement Parcel may currently contain these improvements and
hereby waives any right to object to the replacement or new installation of such
improvements within the Easement Parcel. Grantee shall repair, replace, and/or restore at
its sole cost any of Grantor's improvements on the Easement Parcel which are damaged
as a result of any installation, construction, maintenance or repair by Grantee.
Grantee shall ensure that the Easement Parcel is safe and secured at all times that work is
being performed from the Easement Parcel and that such work is conducted in such a way
as to avoid the risk of personal injury to the students, visitors, faculty and staff of Grantor.
Grantee shall ensure that, during and as a result of use by Grantee, Grantor's existing
roadway, which is partially encumbered by the Easement Parcel, shall remain open and
passable by Grantor's pedestrians and vehicles, including school buses.
Grantee shall submit to Grantor's Chief of Facilities Management, or his designee, ("CFM")
a written construction schedule and plans for review and approval not less than thirty (30)
days prior to the proposed commencement of any new work involving the Easement
Parcel. The CFM shall have r~een (15) days to review the written construction schedule
and plans and to notify Grantee whether any such written construction schedule and plans
are approved or disapproved. The CFM shall specifmally state the basis for any
disapproval of Grantee's construction schedule and/or plans.
All regular maintenance involving the Grantee's exercise of the easement rights herein
granted shall be coordinated with the Grantor's Chief of Facilities Management ("CFM") by
providing written notice thirty (30) days prior to the start of the proposed maintenance.
Notice of any emergency maintenance involving the Grantee;s exercise of the easement
rights herein granted shall be given to the CFM as soon as practicable.
Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the
real property herein described and that it has good and lawful right to grant the aforesaid
easement.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal as of
the date first above written.
GRANTOR:
The School Board of Palm Beach County, Florida
By.'.
Thomas E. Lynch, Chairman
Attest:
Arthur C. Johnson, Ph.D., Superintendent
Legal Form Approved by:
School Board Attorney
NOTARY CERTIFICATE
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
,20 by Thomas E. Lynch and Arthur C. Johnson, Ph.D. who
are personally known to me.
My Commission Expires:
Notary Signature
Typed, printed or Stamped Name of Notary
-2-
EXHIBIT "C"
NON-EXCLUSIVE UTILITY EASEMENT
THIS EASEMENT is made, granted and entered into this day of
,20 , by The School Board of Palm Beach County, Florida
(hereinafter referred to as "Grantor"), whose address is 3300 Forest Hill Boulevard,
c/o Real Estate Services Department, Suite B-246, West Palm Beach, FL 33406, to
The City of Boynton Beach, a political subdivision of the State of Florida
(hereinafter referred to as "Grantee"), whose address is 124 East Woolbdght Road,
Boynton Beach, FL 33435.
WlTNESSETH:
That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand
paid by the Grantee and other good and valuable consideration, the receipt of which
is hereby acknowledged, does hereby grant to the Grantee, its successors and
assigns, a perpetual non-exclusive utility easement which shall permit Grantee
authority to enter upon the property of the Grantor to operate, maintain, service,
repair and inspect potable water, reclaimed water and/or wastewater lines across the
easement parcel ("Easement Parcel").
The easement hereby granted covers a strip of land lying, situate and being in Palm
Beach County, Flodda, and being more particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Grantor reserves the right to locate above ground and subsurface improvements,
including but not limited to fences, irrigation lines, landscaping, light poles, Utility
lines, sidewalks, roadways, parkways and parking lots, within the Easement Parcel.
Grantee acknowledges that the Easement Parcel may currently contain these
improvements and hereby waives .any right to object to the replacement or new
installation of such improvements within the Easement Parcel. Grantee shall repair,
replace, and/or restore at its sole cost any/all of Grantor's improvements on the
Easement Parcel which are damaged' as a result of any maintenance or repair by
Grantee.
Grantee shall ensure that the Easement Parcel is safe and secured at all timeS that
work is being performed from the Easement Parcel and that such wo~ is conducted
in such a way as to avoid the risk of personal injury to the students, visitors, faculty
and staff of Grantor. Grantee shall ensure that, during and as a result of use by
Grantee, Grantor's existing roadway, which is partially encumbered by the Easement
Parcel, shall remain open and passable by Grantor's pedestrians and vehicles,
including school buses.
All regUlar maintenance involving the Grantee's exercise' of the easement rights
herein granted shall be coordinated with the Grantor's Chief of Facilities
CROSSPOINTE ELEMENTARY SCHOOL - 1 -
Management ("CFM") by providing wdtten notice thirty (30) days pdor to the start of
the proposed maintenance. Notice of any emergency maintenance involving the
Grantee's exercise of the .easement rights herein granted shall be given to the CFM
as soon as practicable. Grantee hereby expressly agrees that in the event that
Grantee abandons its use of the Easement Parcel for the purposes herein
expressed, this Easement shall become null and void, and all right, title and interest
in and to the Easement Parcel shall revert to the Grantor.
Grantor hereby covenants with Grantee that it is lawfully seized and in possession of
the real property herein described and that it has good and lawful right to grant the
aforesaid easement.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal
as of the date first above written.
GRANTOR:
The School Board of Palm Beach County,
Florida
Thomas E. Lynch, Chairman
Attest:
Arthur C. Johnson, Ph.D., Superintendent
Legal Form Approved by:
School Board Attorney
NOTARY CERTIFICATE
'STATE OF FLORIDA
COUNTY OF PALM BF_.ACH
The foregoing instrument was acknowledged before me this day of
,20 by Thomas E. Lynch and Arthur C. Johnson who
are personally known to me.
My Commission Expires:
Notary Signature
Typed, Printed or Stamped Name of Notary
CROSSPOINTE ELEMENTARY SCHOOL - 2 -
VI.-CONSENT AGENDA
CITY OF BOYNTON BEA( ITEM J.
AGENDA ITEM REQUEST ....
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon)
[] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon)
[] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business ~-.
AGENDA ITEM [] City Manager's Report [] Presentation r~ '~r~
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Un£mished Business
RECOMMENDATION: Approve the $11,000.00 check for the Coastal Bay Colony restoration surety.
EXPLANATION: The monies are to be used to repair and/or restore the site to its original condition should the project not
be developed (copy of check and memo to Diane Reese attached).
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: Approve with additional conditions.
~t6]/0/~Depa~tme~] He~axtzs'Signature - -~i~y M~tnager's ~ignature
Depaimaent Name City Attorney / Finance / Human Resources
S:~BULLETINLVORMS~AGENDA ITEM REQUEST FORM.DOC
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 04-053
TO: Diane Reese
Finance Director ~
FROM: H. David Kelley, Jr., PF__/PSM~
City Engineer
DATE: March 24, 2004
RE: COASTAL BAY COLONY PUD
ADMINISTRATION FEE AND RESTORATION SURETY
Attached please find check f~005102 issued by Union Planter Bank in the amount of $12,463.68
from Southern Homes of Palm Beach II, LLC. This check represents the Administration Fee for
the above referenced project. Please deposit in account #001-0000-341-91-07.
Also find check #005101 issued by Union Planter Bank in the amount of $11,000.00 from
Southem Homes of Palm Beach II, LLC. This check represents surety for restoration, if needed,
for the above referenced project. It is to be returned upon satisfactory performance and final
site inspection. Please deposit in account #001-0000-220-99-00.
HDK:KRH/ck
Attachments: 1 check ($12,463.68)
I check ($11,000.00)
Cost Estimate
Xc: Ken Hall
Engineering File
S..~.ngineertng~lbs~ Bay Colony, Admln. Fee & Restoration Surety.doc
VI.-CONSENT AGENDA
ITEM K.
CITY OF BOYNTON BEAC1
AGENDA ITEM REQUEST FOi, vi
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon)
[] April20,2004 April 5, 2004 (Noon) [] June l5, 2004 May 31, 2004 (Noon)
[] May 4, 2004 April 19, 2004 (Noon) ~l I July 6, 2004 June 14, 2004 (Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) ~ :~ --<
[] Administrative [] Legal '
NATURE OF [] Announcement [] New Business ~c~
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION:
Approve Permit No. 04-1827 for Category 4 Excavation and Fill, in excess of 1000 C.Y., for the Coastal Bay Colony
development.
Approve acceptance of a cash surety (Exhibit A - attached) in the amount of $13,750.00 (Thirteen Thousand Seven Hundred
Fifty Dollars) for road restoration for the Coastal Bay Colony development.
EXPLANATION:
The site requires removal of approximately 10,000 C.Y. of excess material to bring the site to the required design elevation.
PROGRAM IMPACT:
N/A
FISCAL IMPACT:
N/A
ALTERNATIVES:
N/A ,,-,_ ~,
[' ' ~ J~ffr~y ~er~ood, P.E. City Manager's Signature
Public Works/Engineering Division
Department Name City Attorney / Finance / Human Resources
S:~BULLETIN~ORMSIAGENDA ITEM REQUEST FORM.DOC
Exhibit "A"
Page 1 of 5
Coastal Bay Colony
CASH BOND
KNOW ALL MEN BY THESE PRESENTS:
That we SOUTHERN HOMES OF PALM BEACH II, LLC, by Southern Homes of Broward
Inc., its Manager, hereinafter called PRINCIPAL, tenders unto the City of Boynton Beach, a political
subdivision of the State of Florida, hereinafter called CITY, the full and just sum of THIRTEEN
THOUSAND, SEVEN HUNDRED AND FIFTY U.S. Dollars ( $13,750.00), lawful money of the United
States of America, to which payment well and truly made, bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents:
WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the
construction of a certain project known as COASTAL BAY COLONY, and such project shall construct
and install the required public improvements to support the Project pursuant to the terms of the Permit,
and
WHEREAS, PRINCIPAL has been issued that certain Land Development Permit, hereinafter
the PERMIT, for construction of said Required Improvements, a copy of which is attached hereto and by
reference made a part hereof; and
WHEREAS, it was one of the conditions of said REGULATIONS and PERMIT that this bond
be executed.
NOW, THEREFORE, the conditions of this obligation are such that if the above bound
PRINCIPAL shall in all respects comply or cause others to comply with the terms and conditions of said
PERMIT, within the time specified, and shall in every respect fulfill its obligation thereunder and under the
plans therein referred to, then this obligation to be void; otherwise, to be and remain in full force and effect.
The PRINCIPAL and CITY agree that the City Engineer may, in writing, reduce the initial amount
stated above in accordance with the requirements of said REGULATIONS.
The PRINCIPAL unconditionally covenants and agrees that if the PRINCIPAL fails to perform
within the time specified by the PERMIT, all or any part of its obligation established by said PERMIT and
the REGULATION S, the CITY, upon thirty (30) days written notice from the CITY or its authorized agent
to the PRINCIPAL or its authorized agent or officer, shall, at CITY'S option, have the right to complete
the PRINCIPAL'S obligation or, pursuant to public advertisement and receipt of bids, cause to be
completed these aforesaid improvements in the case the PRINCIPAL should fail to or refuse to do so in
accordance with the terms of the PERMIT. In the event the CITY should exercise and give effect to such
fight, the PRINCIPAL, shall be liable and the monies tendered hereby shall be used to reimburse the CITY
the total cost thereof, including but not limited to, engineering, legal, and contingent costs, together with any
Page 1 of 3
Exhibit "A"
Page 2 of 5
Coastal Bay Colony
damages either direct or consequential, which may be sustained on account of the failure of the
PRINCIPAL to carry out and execute all the terms and provisions of the PERMIT.
IN WITNESS WHEREOF, the PRINCIPAL has executed these presents this day of April,
2004.
[Corporate Seal] SOUTHERN HOMES OF PALM BEACH II, LLC.,
_ a Florida Limited Liability Company, by
SOUT tERN HOMES OF BROWARD INC.,
f~Its Man ger, aFloridaCorpomtion licensedto do business
i~~~ } ~orida
tm'~ld~ctor Garcia
Title: President
Address: 12900 Southwest 128th Street, Suite 100
Miami, Florida 33186
gna~~fl~ thorized officer
Print N~IC .~7~-0/-' jh~Ulfcc
Title: .°ctd¥'q~°[
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
BEFORE ME personally appeared Hector Garcia who is personally w~ho is personally known
.t.o me~ or has produced ~ /<, as identification, and who executed the
foregoing instrument as President, of Southern Homes of Broward, Inc., a Florida corporation, and
severally acknowledged before me that (he/she) executed such instrument as such officer of said
Page 2 of 3
Exhibit "A"
Page 3 of 5
Coastal Bay Colony
corporation, and that the seal affixed to the foregoing instrument is the corporation seal of said corporation
and that it was affixed to said instrument by due and regular corporate authority, and that instrument is the
free act and deed of said corporation.
WITNESS my hand and official seal in the County and State last aforesaid.
My commission Expires: ~
lic
Print, Type or Stamp
Commissioned
Name of Notary Public:
G:~PROJECTSX220952 - Coastal BayL~pplications\Cash Bond Foma.wpd
Page 3 of 3
Exhibit "A"
Page 4 of 5
· Coastal Bay ColonY
CITY OF BOYNTON BEACH ~ N_o 34607
Boynton Beach, Florida ~
/
DEPARTMENT
DOLLARS
SOUTHERN HOMES OF PALM BEACH II, LLC
12~X) ~.W. 12B STREET MIAMI, R.ORIDA 331~6
04/16/04 041604 092 SOUTHERN HOMES 13,750.00 .00 13,750.00 COASTAL COLONY
CHECK TOTAL: 13,750.00 13,750.00 13,750.00
,~005 &:l,O.' m."06700,':l,~, &~.m: q660 2~5?=, &
Exhibit "A"
Page 5 of 5
KEITH & BALLBI , INC. CoastalBay Colon~
Consulting Engineers
2201 West Prospect Road, Suite 100
Fort Lauderdale, Florida 33309
Phone (954) 489-9801 Fax (954) 489-9802
April 13,2004
PROJECT NAME: PROJECT NUMBER:
COASTAL BAY COLONY 22-09-52
ENGINEER'S COST ESTIMATE FOR RESTORATION OF OFF-SITE ROADS
EXCAVATION AND FILL PERMIT
I Pavment restoration on S.E. 23rd Avenue 750 S.Y. $10.00 $7,500.00
from Coastal entry to US1
2 Utility restoration form gate valve boxes 1 EACH $5,000.00 $5,000.00
and manhole covers
SURETY REQUIRED (110% OF ESTIMATE) = $13,750.00
By:. Date:
Carlos J. Ballbe'
Registered Engineer No. 41811
State of Florida
VI.-CONSENT AGENDA
CITY OF BOYNTON BEAC] ITEM L.
AGENDA ITEM REQUEST FO ....
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to CiW Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 Ma},- 17, 2004 (Noon)
· [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon)
[] May 4, 2004 April 19, 2004 (Noon) [] JuDy 6, 2004 June 14, 2004 (Noon)
[] May18,2004 May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unf'mished Business '" t~.~
RECOMMENDATION: Approve the attached rider to th~4,684.00 surety recently approved at tile April 7th City
Commission meeting for the development called Serrano, PUD. The city attorney has approved the rider.
EXPLANATION: The attached rider increases the original surety to $102,042.60 to include an amount to cover both the
lake excavation and restoration during site construction. The applicant found it was simpler and more efficient to add onto
the existing bond than to provide a new one for excavation purposes (see the item # VI.H on the April 7, 3004 agenda).
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: Approve with additional conditions.
tt~(r~)t~epfii~ent~'s Signature City Manager's Signature
, !
Department Name City Attorney / Finance / Human Resources
S:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC
Bond Safeguard Insurance Co
Rider to be attached to and form a part of Bond Number 5008943 on behalf of D.R. Horton, Inc.
at 1192 East Newport Center Drive, Suite 150, Deerfieid Beach, FL 33442 (Principal), and in
favor of City of Boynton Beach, FL (Obligee), executed by the Company indicated above
(Surety) in the amount of Thirty Four Thousand Six Hundred Sixty Four and 00/100 Dollars
($34,684.00) effective February 24, 2004.
The Principal and the Surety hereby consent to changing the said bond as follows:
The sum of this bond is hereby increased to One Hundred Two Thousand Forty Two and
60/100 Dollars ($102,042.60) to include Restoration of Site for Lake Excavation and
Restoration of Site due to Construction to the list of improvements covered by this bond.
Nothing herein contained shall vary, alter or extend any provision or condition of the bond other
than as above stated.
Signed, Sealed and Dated this April 5, 2004.
D.R:H0rton. Inc. Bond Safeguard Insurance Company
· ;-.= ~,:-:~.~: ~.~.~~ - xt,~ ~i~,~,~'r Elaine Marcus, Attorney-in-Fact
Bond feguard
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an illinois Corporation with its
principal office in Lombard, Illinois, does hereby constitute and appoint: Lewis James Scheer, Michael J. Scheer, James I. Moore,
Alice Rhodes, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb
its Izue and lawful Attomey(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND
SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney-In-Fact to execute on behalf of the Cbmpany any bonds, undertakings, policies, contracts of indemnity
or other writings obligato~f in nature of a bond not to exceed $500,000.00, Five Hundred Thousand Dollars, which the Company might
execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-
in-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the
Company. Any Attomey-ln-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in
the Power of Attomey.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue
to be valid and binding on the Company.
IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its
President, and its Corporate Seal to be affixed this 7th day of November, 2001.
~ BOND SAFEGUARD INSURANCE COMPANY
President
ACKNOWLEDGEMENT
On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed
the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said
corporation.
JANETL. COPPOCK ~
NOTARY PUBLIC, STATE OF ILLIN01S ~ ~/ Janet L./C~'ppock
CERTIFICATE
I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY
CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been
revoked and the resolutions as set forth are now in force.
Signed and Sealed at Lombard, Illinois this 5th Day of .. April ,20. 04
~~~ D°nal~e% r~ ,uacr~arian
STATE OF ILLINOIS }
}
COUNTY OF COOK }
On April 5, 2004, before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared Elaine Marcus, known to me
to be Attorney-in-Fact of Bond Safeguard Insurance Company, the corporation described
in and that executed the within and foregoing instrument, and known to me to be the
person who executed the said insmunent in behalf of the said corporation, and he duly
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
My Commission Expires March 29, 2008 .~A~)~ ,~, ~:~:~g~L
Notary Public
VI.-CONSENT AGENDA
ITEM M.
CITY OF BOYNTON BEAC
AGENDA ITEM REQUEST FOmvl
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon)
[] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) ~
[] May4,2004 Aprillg, 2004(Noon) [] July6,2004 June l4, 2004 (Noon) ~ --<CD
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) '--- t'~lg:::}
[] Administrative [] Legal ~ ~..~x~
AGENDA ITEM [] City Manager's Report [] Presentation --r-
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unf'mished Business
RECOMMENDATION: Motion to approve the ORCHARD ESTATES Record Plat, conditioned on the approval being the'
certification of the plat documents by H. David Kelley, Jr., PE/PSM (City Engineer and Surveyor & Mapper) for recording in
the Public Records of Palm Beach County, Florida.
EXPLANATION: The record plat review for this project commenced on October 23, 2003, to which the second and £mal
review comments were issued on February 27, 2004. Staff believes that this proposed development is a benefit to the city,
and recommends that the City Corcuxdssion approved the plat as presented subject to final signatures by the City Engineer and
the Mayor.
PROGRAM IMPACT: The proposed development will continue to be delayed until the proposed record plat has received. -
technical compliance pursuant to the Land Development Regulations. The Land Development Permit (LDP) cannot be issued'
until the proposed record plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida.
Construction permitting commences after the issuance of the LDP.
FISCAL IMPACT: None
ALTERNATIVES: The proposed development will continue in abeyance until the proposed record plat is received in
acceptable form, and the proposed dwellings approved for construction.
e C-ify Manager's Signature
Public Works / Engineering Division
Department Name City Attorney / Finance / Human Resources
S:X~BULLETIN~ORMS'xAGENDA ITEM REQUEST FORM.DOC
SE. 27
S~. 27
SE. 27 PLACE
SE. 27 WA Y
LOCATION MAP N T.,S
VI.-CONSENT AGENDA
ITEM N.
CITY OF BOYNTON BEA(
AGENDA ITEM REQUEST
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Offi¢~
[] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon)
[] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon)
[] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Heating
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Please place this request on the May 4, 2004 City Commission Agenda under Consent
Agenda. Staff finds the proposed revisions to be the minimum to both comply with code standards, and provide appropriate
screening to the adjacent residences, when all conditions listed in Exhibit "C" of the staff report are met. For further details
pertaining to the request, see attached Department of Development Memorandum No. PZ 04-079, and specifically page #3
which indicates the original wording of condition (g45) to be amended.
EXPLANATION:
PROJECT: Woolbright Plaza (MSPM 04-001)
AGENT: H.P. Tompkin.% H.P. Tompkins Consultants, Inc.
OWNER: Veronica Motiram
LOCATION: 1604 South Congress Avenue
DESCRIPTION: Request for Major Site Plan Modification to an existing site plan to modify Condition of
Approval g45 to reduce the west buffer landscaping to the minimum required by code.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
Development 8?epartment Director City Manager's Signature
~ and Zo~ector City Attorney / Finance / Human Resources
S:~Planning~SHARED\WP~PROJECTS\Woolbright PlazaXlvlSPM 04-001'~a, genda Item Request Woolbright Plaza MSPM 04-001 5-4-04.dot
S:~BULLETINXFORMS~,AGENDA ITEM REQUF~T FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNI'NG AND ZONZNG DI'V]:SI'ON
MEMORANDUM NO. PZ 04-079
STAFF REPORT
TO: Mayor and City Commission
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Eric Lee Johnson, A[CP
Planner
DATE: April 21, 2004
PROJECT NAME/NO: Woolbdght Plaza / MSPM 04-001
REQUEST: Major Site Plan ModificaUon
PRO3E~'I' DE$CR[PI'[ON
Property Owner: R.S.B. Ventures, Incorporated
Applicant: Mr. H.P. Tomldns, .]r. / H.P.T. Consultants, [nc.
Agent: Mr. H.P. Tomkins, .~r. / H.P.T. Consultants, Inc.
Location: Southwest comer of Woolbdght Road and Congress Avenue
(see Exhibit "A"- Location Map)
Existing Land Use/Zoning: Local Retail Commercial (IRC) / Community Commercial
(C-3)
Proposed Land Use/Zoning: No change proposed
Proposed Use: 14,490 square foot drug store with drive-through facility,
4800 square feet of retail / commercial, and 40,000 square
feet of office / retail
Acreage: 215,393 square feet (4.945 acres)
Adjacent Uses:
North: Eight-of-way of Woolbright Road, then property classified Local Retail Commercial
(IRC), zoned Community Commercial (C-3), and developed with a Mobil service
station;
South: Developed property classified Local Retail Commercial (IRC), zoned Community
Commercial (C-3) and occupied by Woolbright Corporate Center;
Staff Report - Woolbright Plaza (MSPM 04-001 )
Memorandum No PZ 04-079)
Page 2
East: Right-of-way of Congress Avenue, then property dassified Local Retail Commercial
(LRC), zoned Community Commercial (C-3) developed with an Amoco service
station, farther southeast is property classified Local Retail Commercial (LRC),
zoned Planned Commercial Development (PCD) developed as Boynton Shoppes;
and
West: (~uail Run water detention area, farther west is developed property classified Low
Density Residential (LDR), zoned Planned Unit Development (PUD) and occupied by
(~uail Run Villas.
BACKGROUND
Proposal: The Walgreen conditional use / major site plan modification (COUS 01-007) known
as Woolbdght Plaza was approved by the City Commission on March 5, 2002. The
project intent was to raze a vacant 5,645 square foot bank and replace it with two
(2) new buildings, namely, a one-stow and a four-story building. The developer
has already demolished the vacant bank building that once stood in the center of
the parcel and is now in the process of constructing the one (1) story drug store /
commercial building totaling 19,290 square feet. It will consist of a Walgreen's
Drug Store (14,490 square feet) and 4,800 square feet of commercial / retail area.
The conditional use review and approval was required for the Walgreen's Drug
Store drive-through feature. The four-story building was approved for a total of
40,000 square feet in area. The first floor (10,000 square feet) will have
commercial / retail uses while floors two through four (30,000 square feet) will be
used solely for offices purposes.
According to the previous staff report (COUS 01-007), the entire project is to be
built throughout three (3) phases; however, all infrastructure, induding
landscaping, parking, etc. will be completed by the end of the first phase prior to
the issuance of a certificate of occupancy. Also, a buffer wall is required on the
subject property because it is zoned commerdal and directly abuts residentially-
zoned property to the west. The wall would be placed within the west landscape
buffer. This west landscape buffer coinddes with a utility easement creating an
obstade for proper placement of the required wall. According to Chapter 2, Section
4.L of the Land Development Regulations, a buffer wall cannot abridge or be
constructed over existing utilities. The Utilities Division commented as follows:
~ Utilities Department does not approve of a CBS screen wall or continuous heaw
landscape visual screen barrier within its utility easement along the west property line of this
project. Palm tree duster(s), staggered on either side of the existing water main may be
plant~! to satisfy the screening intent. However, the Utilities Department will field locate
the water main at the time of landscape planting to ensure that no trees are installed that
would be detrimental to the existing water main. Low shrubbery is permissible provided
that the applicant executes a "Hold Harmless~ agreement in the event the Department is
required to excavate any portion of the tfdlity easement to repair and / or replace any
portion of the existing water main that would damage and / or destroy said palm tree
clustering or said Iow shrubbery".
Staff Report - Woolbright Plaza (MSPM 04-001 )
Memorandum No PZ 04-079)
Page 3
At that time, staff would not allow a buffer wall within the utility easement resulting
in the request for a variance (ZNCV 02-009) to omit the wall with a commitment to
enhance the landscaping within the landscape buffer / utility easement. Staff
reviewed the request and recommended approval with the following conditions:
~With respect to consistency, this variance approval is contingent upon the proposed west
buffer detail as shown in Exhibit"D". This buffer shall include but not be limited to planting
material such as Areca Palm, Sabal Palmetto, and Cocoplum hedge"; and
~The planting material such as trees (Areca Palms and Sabal Palmetto) shall be a minimum
of twenty (20) feet in height. The proposed Cocoplum hedge shall be a minimum of four
(4) feet in height at time of installation".
On August 27, 2002, the Planning & Development Board reviewed the request and
voted 6 to i to recommend denial. Initially, the variance request was scheduled for
the September 2, 2002 City Commission public hearing. However, the applicant
postponed the hearing unUI the September 17, 2002 meeUng. At that meeUng,
there was much discussion regarding the case (ZNCV 02-009) and the City
Commission implored the applicant to conUnue to work with staff on a resolution,
by possibly relocaUng the wall outside the easement area and preferably without
the loss of parking spaces. The City Commission also remanded the variance
request to the Planning & Development Board. The applicant withdrew the
variance request when all parties found an acceptable IocaUon for the wall along
the easement. However, when the condiUonal use (COUS 01-007) applicaUon was
originally reviewed and approved two (2) years ago (prior to the variance request),
the City Commission made the following comment regarding the landscape buffer:
~Condition of Approval #45: Nong the west landscape buffer within the utility easement,
the applicant shall replace the proposed Sabal Palm trees with Royal Palm trees (at same
spedficafions). In addition, the Areca Palm trees and appropriate shrub material shall be
installed at a height that will function as a significant Iower-to-midlevel visual buffer. The
landscape material proposed in said west landscape buffer shall be continued to the
southwest comer of the subject site. The West Indies Mahogany bees proposed on the
west landscape buffer shall be installed at a more ~mature" height and will be planted Up-to-
Up. A mixture of 'mature" Royal Palm trees and ~mature" Eve Oak trees shall be installed
along the north and east property lines".
Assuming that this condition was warranted in lieu of a buffer wall, the applicant
therefore, justifies this request to omit this condition and reduce the landscaping to
the minimum required by code now that the wall would be erected. Therefore, this
major site plan modiflcaUon (MSPM 04-001) represents the applicant's request to
officially remove CondiUon of Approval #45, to incorporate a wall into the design of
the west landscape buffer, and to revise the landscape plan accordingly. Staff's
analysis of the new design and proposed plant material is outlined in the
"landscaping" section of this staff report.
Site Characteristic: The subject property is one (1) vacant lot totaling 4.95 acres. This large
irregularly-shaped parcel does not contain any vegetation or species of special
concern. The survey shows that Tract ~B" would be separate from the remaining
portion of the property. Staff does not recognize this property as two (2) separate
parcels. Although the property owner may want to subdivide the property in the
Staff Report - Woolbright Plaza (MSPM 04-001)
Memorandum No PZ 04-079)
Page 4
future, a subdivision of this nature would require a replat. Only during the
replatting process, would staff have the opportunity to review the subdivision for
compliance with the C-3 zoning district requirements and subsequent implidt
limitations such as parking, setbacks, and landscaping.
ANALYSZS
Concurrency:
Traffic: The proposed change has no impact on traffic concurrency.
Drainage: Conceptual drainage information was provided for the City's review when the
project was reviewed and approved in 2002. The Engineering Division
recommended the review of specific drainage solutions be deferred until time of
permit review. The proposed change has no impact on drainage.
School: The proposed change has no impact on school concurrency.
Driveways: No change is proposed to any driveways with this modification.
Parking Facility: No change is proposed to the parking areas with this modification.
Landscaping: Currently, the site is only partially developed. The proposed pervious or
~landscaped" area would equal :[.59 acres or 32% of the total site. The change in
landscaped area between this plan and the last approved plan would be
insignificant.
The original landscape plan was approved with 103 shade trees, 82 palm trees, and
7_,891 shrub and groundcover plants. The plant list of the proposed plan indicates a
total of 96 shade trees, 90 palm trees, and over 2,881 shrub and groundcover
plants. The tabulations show that 80% of the trees and 60% of the shrubs would
be native, therefore, in compliance with the City's 50% native plants requirement.
In addition to the continuous row of Redtip Cocoplum hedges, the west landscape
buffer originally contained the following: 13 Sabal palm, 15 Areca palm, !
Montgomery palm, ! Purple Glory tree, 8 Sweet Mahogany, 1 Live Oak, 2 Gumbo
Limbo, 30 Sword Fern, 2?_ Stokes Dwarf, 55 Saw palmetto, and 28 King's Mantle
plants. However, the proposed landscape plan shows that a six (6) foot high buffer
wall would run along the entire length of the west property line. ]n addition to the
P, edtip Cocoplum proposed on the Inside of the wall for one-half of the west
property line, it shows !0 Sweet Mahogany, !8 Sabal palm, !22 Dwarf Rrebush,
and 35 Fakahatchee Grass plants. Nthough less plant material is proposed within
the west landscape buffer, it would still meet minimum code requirements in
conjunction with the buffer wall. However, the landscape plan also indicates
changes to the plant species, quantities, and tree spacing within the north and east
landscape buffers, adjacent to the rights-of-way. The plan does not meet code in
this respect and would have to be modified to comply (see Exhibit "C" - Conditions
of Approval). A duster of Royal Palm trees is also shown at the northeast comer of
the subject property. The City Commission recommended approval of the original
Staff Report - Woolbright Plaza (MSPM 04-001 )
Memorandum No PZ 04-079)
Page 5
project with condition #45 also requiring that a mixture of mature Royal Palm and
Uve Oak trees be installed along the north and east property lines, not just
exdusively at the northeast comer of the property as currently proposed by this
plan. Therefore, in this respect, staff feels that the proposed landscape plan does
not meet the intent of the City Commission's original (#45) condition of approval.
The applicant has not provided justification for the changes made to these other
two buffers, or the reason for partial compliance with this aspect of the original
condition (#45) that is unrelated to the west landscape buffer.
Buildings and Site= No changes to the buildings or site are proposed with this modification other than
what is already described in the "landscaping section" of this staff report.
Design-' No change to the design of the site is proposed with this modification.
Signage: No change to the project signage is proposed with this modification.
RECOMMENDA'I'~ON:
Staff finds the proposed revisions to be the minimum to both comply with code standards, and provide
appropriate screening to the adjacent residences, when all conditions listed in Exhibit "C" are met. Any
additional conditions recommended by the City Commission shall be documented accordingly in the
Conditions of Approval.
S:\Planning\SHARED\WP\PRO.1ECTS\Woolbdght Plaza\HSPH 04-001~Staff Report. doc
Location Map
WOolbright Plaza
' ~ ~ '1" '~~. ~"' 'i'"~~_.
SITE
500 0 500 1000 1500 Feet .~
W E
S
COMMISSION APPROVED
N00~01'07'E 145.0!
EXHIBIT "C"
Conditions of Approval
Project name: Woolbright Plaza
File number: MSPM 04-001
Reference: 2~ review plans identified as a Major Site Plan Modification with a March 16, 2004 Planning and
Zoning Depmhnent date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None
PUBLIC WORKS - Traffic
Comments: None
ENGINEERING DIVISION
Comments:
1. All comments requiring changes and/or corrections to the plans shall be
reflected on all appropriate sheets.
2. Please note that changes or revisions to these plans may generate additional
comments. Acceptance of these plans during the TRC process does not
ensure that additional comments may not be generated by the Commission
and at peri,it review.
3. The Gumbo Limbo proposed adjacent to the dumpster enclosure may need to
be relocated to provide vertical clearance for Solid Waste pickup.
4. It is recommended that the four mahoganies proposed along the south
property line be located in such a manner as not to conflict with the existing
black olives to the south.
5. It may be necessary to replace or relocate large canopy trees adjacent to light
faxtures to eliminate future shadowing on the parking surface (LDR, Chapter
23, Article II, Section A. 1.b).
UTILITIES
Comments:
6. All utility easements shall be shown on the site plan and landscape plans (as
well as the Water and Sewer Plans) so that we may determine which
appurtenances, trees or shrubbery may interfere with utilities. In general,
palm trees will be the only tree species allowed within utility easements.
Canopy trees may be planted outside of the easement so that roots and
branches will not impact those utilities within the easement in the foreseeable
future. The LDtL Chapter 7.5, Article I, Section 18.1 gives public utilities
the authority to remove any trees that interfere with utility services, either in
COA
04/21/04
2
DEPARTMENTS INCLUDE REJECT
utility easements or public rights-of-way.
7. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable
water. As other sources are readily available City water shall not be allowed
for irril[ation.
Comments: None
POLICE
Corcanents: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments:
8. This major site plan modification request is to amend condition of approval
//45 from COUS 01-007. Condition of approval//45 states, "Along the west
landscape buffer within the utility easement, the applicant shall replace the
proposed Sabal Palm trees with Royal Palm trees (at same specifications).
In addition, the Areca Palm trees and appropriate shrub material shall be
installed at a height that will function as a significant lower-to-midlevel
visual buffer. The landscape materiaI proposed in said west landscape buffer
shall be continued to the southwest corner of the subject site. The West
Indies Mahogany trees proposed on the west landscape buffer shall be
installed at a more "mature" height and will be planted tip-to-tip. A mixture
of "mature" Royal Palm trees and "mature" Live Oak trees shall be
installed along the north and east property lines". The remaining 44
conditions of approval would still be applicable.
9. As with any request for major site plan modification, a new signed and sealed
survey (within 6 months) is required. Copies not permitted.
COA
04/21/04
3
DEPARTMENTS INCLUDE REJECT
10. The proposed survey shows a new property line that separates Parcel "A"
from Parcel "B'. Staff does not recognize this line because the original
survey (that was submitted with COUS 01-007) showed the subject property
as one (1) parcel. Approval of the proposed survey submitted with this
request for major site plan modification implies that the project meets
setbacks, parking, lot coverage, cross-parking, cross-access, etc. More
information would be required for staff to make this determination.
11. The landscape plan that was last reviewed and approved by the City
Commission was dated February 11, 2002. These are the officially
recognized plans despite any changes that have been made during the
permit~g process. Therefore, the proposed landscape plan (dated March 9,
2004) will be compared with the ones approved by the City Commission.
12. On the landscape plan, ensure that the plant quantities match between the
tabular data and the graphic illustration.
13. All trees, if proposed as trees, must be at least 12 feet in height and three (3)
caliper inches at the time of their installation (Chapter 7.5, Article II, Section
5.C.2.). This would apply to the Silver Buttonwood, Japanese Fern Palm, and
Glacous Cassia trees.
14. According to Chapter 7.5, Article II, Section 5.D. of the Land Development
Regulations, trees cannot be spaced more than 30 feet apart if planted within
landscape buffers that are adjacent to rights-of-way (i.e. Congress Avenue
and Woolbright Road). Clustering of trees is permitted, however, the
proposed plan shows large gaps between the clusters and this does not meet
the intent of the code. Add more trees to "fill in the gaps".
15. Staff recommends that the parking lot pole lights west of the buildings be
reduced in height from the proposed 30-foot height, which can be easily
screened from the residential property to the west by the proposed
landscaping, that landscaping height and spacing be improved to
appropriately screen these 30 foot tall light fixtures, or shields be placed on
the light fixtures in order to meet the intent of the previous two (2)
recommendations.
ADDITIONAL CITY COMMISSION COMMENTS:
Conunents:
16. To be detemfined.
MWR/elj
S:~Plannlng~SHARED\WP~PROJECTS~Woolbright Plaza~ISPM 04-O01\COA.doc
12-14' ARECA PALPI~,
" ~'COC. OPLIJi'I NEC)GE
PROPERTY LINE
LL~EEL. .S TOp
E~GE CIF ~AVEPIENT
LUIE,ST ESUFFEF~ DETAIL
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CiTY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Woolbright Plaza
APPLICANT'S AGENT: Mr. H.P. Tomkins, Jr. with H.P.T. Consultants, Inc.
APPLICANT'S ADDRESS: 3350 Northwest Boca Raton Boulevard, Suite B-38 Boca Raton, FL
33431
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 20, 2004
TYPE OF RELIEF SOUGHT: Request major site plan modification to amend one of the project's
conditions of approval approved in March of 2002.
LOCATION OF PROPERTY: Southwest corner of Woolbright Road and Congress Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Flodda on the date of headng stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
. GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:~Planning~SHARED\WP~PROJECTS\Woolbrlght Plaza~VlSPM 04-001~DO.doc
VI.-CONSENT AGENDA
ITEM O.
CITY OF BOYNTON BEA(
AGENDA ITEM REQUEST
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon)
[] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon)
[] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Annotmcemem [] New Business
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION:
Approve Permit No. 04-1715 for the removal of approximately 6225 CY of demucked material from the water main and
sanitary sewer alignment at Marina Village. The applicant is also obtaining all additional appropriate state and federal
permits required to perform dewatering operation.
Approve acceptance of a Letter of Credit in the amount of $40,840.80 (Forty Thousand Eight Hundred Forty Dollars and
Eighty Cents) for restoration of roadways in conjunction with removal of demucked materials from Marina Village.
EXPLANATION:
The permit and Commission approval are required by the Land Development Regulations Chapter 8, Article II.D and Chapter
8, Article III.A.2.a(1).
The cash surety is required by the Land Development Regulations Chapter 7 and Chapter 8, Article III.A. 1.d to ensure
restoration for any damage caused by haul activities.
PROGRAM IMPACT:
Not applicable
FISCAL IMPACT:
Not applicable
ALTERNATIVES: ~ 0 ~? ~ ~ 1~. L'iverg~ t!.E.~..~ ~~' '
Department Name Cit~ ~(ttorney / Finance / Human Resources
S:~BULLETIN~ORMSLa, GENDA ITEM REQUEST FORM.DOC
National Bank
0 F F L 0 R I D A
CLEAN IRREVOCABLE LETTER OF CREDIT
April 26, 2004
TO: City Commission of Boynton Beach
c/o City Engineer, Agent for the City
100 East Boynton. Beach Boulevard
Boynton Beach, Florida 33435
Attn: Lorenda Logan
Te1:561-742-6482 :.
Fax:561-742-6285 ~
RE: Our Letter of Credit No. 11167 i
Permit No.04-1715- Dewatering/Demucking dated April 12, 2004
Plat: Marina Village at Boynton Beach
Aggregate Amount:USD40,840.80 Expiration Date: April 21, 2005
We hereby open our Clean Irrevocable Letter of Credit No. 11167 in favor of the
City of Boynton Beach, Florida ("City") for the initial amount of Forty Thousand
Eight Hundred Forty and 80/100 US Dollars ($40,840.80) effective as of this
date, which shall remain effective until released by a Resolution adopted by the
Ci~ty Commission at a regular City Commission scheduled meeting.
This Letter of Credit is issued pursuant to the terms of that certain
Dewatering/Demuchking Permit Number 04-1715 (hereinafter, "Permit"), issued
to The Related Group of Florida, as Developer, by the City of Boynton Beach,
Florida, to dewater/demuck a project to be known as Marina Village (hereinafter,
called the "Project"), and to construct and install the required public
improvements to support the Project subsequent to recordation of said plat for the
Project pursuant to the terms of the Permit. This Letter of Credit, however, is
independent of said Permit and reference herein is for information only.
The initial amount of funds available under this Letter of Credit and stated above
be reduced from time to time by the City Engineer, as the agent for the City of
Boynton Beach, in accordance with the requirements of the Subdivision, Platting
and Required Improvements Regulations, Chapters 2.5, 5 and 6 respectively of
the Land Development Regulations. We hereby agree that such reduction shal~ ~ [)
not be effective until we have furnished a written amendment to this Letter of (
25 W. Flagler Street, Miami, Florida 33130 305-577-7333 305-577-7460 Fax ww~ citynational, com
Credit. Such amendment shall reference this Letter of Credit as well as the Permit
Number and Project Name, as set out herein, and the new amount requested.
Funds under this Letter of Credit are available to the City hereunder, not to
exceed the current available amount subsequent to any authorized reductions of
this Credit against the City's demand, by its authorized agent named above, for
payment to us mentioning our Letter of Credit No. 11167.
When the City's demand for payment is received at 25 West Flagler St.,
International Dept. 4tu Floor, Miami, Fl. 33130, on or prior to the Expiration Date,
it will be promptly honored.
Venue for any and all legal actions necessary to enforce the terms of this Letter of
Credit shall be in Palm Beach County, Florida.
Except as is inconsistent with the express provisions hereof, this Letter of Credit
is subject to the Uniform Customs and Practices For Documentary Credits (1993
Revisions), International Chamber of Commerce Publication No. 500.
Kindly address all correspondence regarding this Letter of Credit to the attention
of Letter of Credit Department mentioning specifically our Credit Number 11167.
For City National Bank of Florida /~~
Peggy Foulkes, VP JJona~ an Rehman, SVP
Intl. Div. Manager ~t~. ?,/E LN OFC -SR
11167.pr
Sun-Tech Engineering, Inc.
1600 West Oakland Park Boulevard
Fort kauderdale, FL 3331 l
(954) 777-3123/Fax (954) 777-311"
Engineers o Planners o Surveyors E-mail:suntech~:suntecheng. com
MARINA VILLAGE
ENGINEER'S COST ESTIMATE ASSOCIATED
WITH ROAD RESTORATION FOR DEWATERING PERMIT
PROJECT NO. 02-2636
Date~ April 14th, 2004
A. PAVING
ITEM # DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST
1 3/4" Type S-Ill Asphalt w/Prime Coat 7540 SY $3.20 $24,128.00
2 Maintenance of Traffic 1 LS $9,500.00 $9,500.00
3 Pavement Marking & Signage I LS $3,500.00 $3,500.00
SUBTOTAL PAVING $37,128.00
TOTAL $37,128.00
VL-CONSENT AGENDA
ITEM P.
CITY OF BOYNTON BEA(
AGENDA ITEM REQUEST FOax ,,
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon)
[] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon)
[] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon)
[] AdminisU'ative [] Legal
NATURE OF [] Announcement [] New Business
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION:
Approve acceptance of a Letter of Credit (Exhibit A - attached) in the amount of $33,550.00 (Thirty Three Thousand Five
Hundred Fifty Dollars.)
EXPLANATION:
This surety is required for site restoration for the Marina Village at Boynton Beach subdivision in connection with the Land
Development Permit in accordance with the Land Development Regulations. The surety shall be held until site improvements
are substantially complete.
PROGRAM IMPACT:
N/A
FISCAL IMPACT:
N/A
ALTERNATIVES:
~ y r Oeffr~ I~. I~go.~, P.E. City Manager's Signature
Public Works/En$ineerin$ Division ~/ a~~
Department Name Cit~ ~A~omey / Finance / Human Resources
S:~BULLETINLFORMSLAGENDA ITEM REQUEST FORM.DOC
City
National Bank ENGINEERING
0 F F L 0 R I D A
CLEAN IRREVOCABLE LETTER OF CREDIT
April 26, 2004
TO: City Commission of Boynton Beach
c/o City Engineer, Agent for the City
100 East Boynton.Beach Boulevard
Boynton Beach, Florida 33435
Attn: Lorenda Logan
Te1:561-742-6482
Fax:561-742-6285
RE: Our Letter of Credit No. 11166
Land Development Permit No. 4685
Plat: Marina Village at Boynton Beach
Aggregate Amount:USD33,550.00 Expiration Date: April 21, 2005
We hereby open our Clean Irrevocable Letter of Credit No. 11166 in favor of the City of
Boynton Beach, Florida ("City") for the initial amount of Thirty Three Thousand Five
Hundred Fifty and 00/100 US Dollars ($33,550.00) effective as of this date, which shall
remain effective until released by a Resolution adopted by the City Commission at a
regular City Commission scheduled meeting.
This Letter of Credit is issued pursuant to the terms of that certain Land Development
Permit dated April 14, 4004 (hereinafter, "Permit"), issued to The Related Group of
Florida, as Developer, by the City of Boynton Beach, Florida, to a project to be known
as Marina Village (hereinafter, called the "Project'), and to construct and install the
required public improvements to support the Project subsequent to recordation of said
plat for the Project pursuant to the terms of the Permit. This Letter of Credit, however, is
independent of said Permit and reference herein is for information only.
The initial amount of funds available under this Letter of Credit and stated above be
reduced from time to time by the City Engineer, as the agent for the City of Boynton
Beach, in accordance with the requirements of the Subdivision, Platting and Required
Improvements Regulations, Chapters 2.5, 5 and 6 respectively of the Land Development
Regulations. We hereby agree that such reduction shall not be effective until we have
furnished a written amendment to this Letter of Credit. Such amendment shall ~1 ~rence~~
25 W. Flagler Street, Miami, Florida 33130 305-577z7333 305-577-7460 Fax wv ~.citynational. com
this Letter of Credit as well as the Permit Number and Project Name, as set out herein,
and the new mount requested.
Funds under this Letter of Credit are available to the City hereunder, not to exceed the
current available amount subsequent to any authorized reductions of this Credit against
the City's demand, by its authorized agent named above, for payment to us mentioning
our Letter of Credit No. 11166.
When the City's demand for payment is received at City National Bank of Florida, 25
West Flagler Street, International Dept. Miami, Florida 33130 where draw to be made, on
or prior to the Expiration Date, it will be promptly honored.
Venue for any and all legal actions necessary to enforce the terms of this Letter of Credit
shall be in Palm Beach County, Florida.
Except as is inconsistent with the express provisions hereof, this Letter of Credit is
subject to the Uniform Customs and Practices For Documentary Credits (1993
Revisions), International Chamber of Commerce Publication No. 500.
Kindly address all correspondence regarding this Letter of Credit to the attention of
Letter of Credit Department mentioning specifically our Credit Number 11166.
For City National Bank of Florida
Int. Div. Manager R
11167. pf
Sun-Tech Engineering, Inc.
1600 \Vest Oakland Park Boulevard
Fort Lauderdale, FL 33311
(954) 777-3123/Fax (954) 777-311~
Engineers o Planners o Surveyors E-mail:suntech(~suntecheng.com
.VILLAGE
ENGiNEER,S.cO~;i- EsTiMATE ASSOciATED
WITH SITE RESTORATION:
pROjFCT NO. 02a2636
Date: April 15th, 2004
A. PAVING & GRADING
ITEM # DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST
1 Grade, Seed and Mulch entire site 1 LS $9,500.00 $9,500.00
2 Road restoration (3/4" S-Ill asphalt/regrade limerock) 1 LS $16,500.00 $16,500.00
3 Maintenance of Traffic 1 LS $3,000.00 $3,000.00
4 Pavement Marking & Signage 1 LS $1,500.00 $1,500.00
SUBTOTAL PAVING $30,500.00
TOTAL $30,500.00
Clifford R. Loutan, P.E.
VI.-CONSENT AGENDA
ITEM Q.
CITY OF BOYNTON BEAC
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to CiW Clerk's Office Meeting Dates in to CiW Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon)
[] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon)
[] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business ~ ~_<
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Motion to approve the RENAISSANCE COMMONS, A P.U.D. Record Plat, conditional
approval being the certification of the plat documents by H. David Kelley, Jr., PE/PSM (City Engineer and Surv~.~&
Mapper) and Jeffrey R. Livergood, PE (Director of Public Works) ::!;:
EXPLANATION: The record plat review for this initial phase of the transition of the Motorola site for this project
commenced on December 23, 2003, to which the second review comments were issued on or about March 1, 2004. Several
plat preparation changes not withstanding, the format and complexity of the fnost phase of the site transition has caused delay
in the re-submittal of this document, which was received on April 27, 2004. Staffbelieves that it is important to note to the
City Commission that both staff and the developer's consulting engineer have worked diligently to arrive at this point with the.
proposed record plat. Staff recommends that the City Commission approved the plat as presented subject to final signatures
by the City Engineer and the Mayor.
PROGRAM IMPACT: The proposed development will continue to be delayed until the proposed record plat (and
construction plans) have received technical compliance pursuant to the Land Development Regulations. The Land
Development Permit (LDP) cannot be issued until the proposed record plat is acceptable for recording with the Clerk of the
Circuit Court of Palm Beach County, Florida. Construction permitting commences after the issuance of the LDP.
FISCAL IMPACT: None
ALTERNATIVES: The proposed development will continue in abeyance until the proposed record plat is received in
acceptable form, and the construction plans have been approved for permitting.
Departm~t l~ture ~- b~Iana~ignat~r; '
Public Works/EngineeringDepartment Name Division %~t~';~'r~inance/Huma~ Resources
S:'~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC
~ LWDD C-16 CANAL
I ' BOYNTO# BEACH BOULEVARD
LOCATION MAP
N.W. 1/4
SEC.20, TWP.45S, RGE.43E
NOT TO SCALE
VII.-CODE - LEGAL
SETTLEMENT
CITY OF BOYNTON BEACH ITEM A.
AGENDA ITEM REQUEST FOI ,.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Ci_ty Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon)
[] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon)
[] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code,.compliance/Legal Settlements [] Unfinished Business
Charles Wilmick v. Ci,ty of Boynton Beach, et al
RECOMMENDATION: Accept the agreed upon settlement with plaintiff in the amount of $11,000.00
EXPLANATION: The plaintiff was a passenger in a vehicle traveling southbound on Seacrest Blvd. City employee
operator of City vehicle traveling westbound on NE 1 st Avenue proceeded across Seacrest Blvd in front of plaintiff. Plaintiff
suffered injuries to his lower back. Plaintiff has incurred medical bills in excess of $9,000.00 and is looking at future surgery
that could cost in the range of $50,000.00 plus. Plaintiff's original demand was 65,000. Settlement was agreed to with the
City adjuster, contingent upon City Commission approval.
PROGRAM IMPACT: Settlement of this nature is part of the ongoing responsibilities of the Risk Management Department.
FISCAL IMPACT: Settlement will be charges to the Risk Management Department budget expenses.
ALTERNATIVES: Failure to approve settlement will result in claim being litigated. Value of this case at trial is estimated at
$50~al defense trial legal costs are estimated at $20,000.
Risk Management
Department Name City Attorney / Finance / Human Resources
S:~UI.I .I~TII~hFORMS~AGENDA ITEM REQUF~T FORM.DOC
West Palm Beach, FI. 33416
PI~ 561.840-4443~202
Fax~ 56'1-61E ".~ ".9
FAX TO: Charles J. Magazine / Risk Manager / City of Boynton Beach
FAX #: 742-6041
FROM: Gene Montfort
SUBJECT: VVilmick Charles v. City of Boynton Beach / Claim# 001470-000107-AB-01
DATE: Apdl 20, 2004
PAGES: 3
This will serve as our formal request for City Commission approval of this personal injury
settlement, in the amoUnt of $11",000:00:
As we have reported to you from our prior investigation, the City vehicle in this accident was
'fUlly at'faUlt'for not remaining at a stop s/gn. No comparative negl/gence was determined-on
Mr. Chades.
The claimant has several herniated discs, being related to this accident t~y his doctor and Atty
Kanner. We have been able'to question'his doctors*find'ml;Is, lhrough ourrecordsreviewfrom
our own physician Dr. Meisel.
Dr. Meisel has indicated that some of the conditions suffered by this claimant may have pre-
existed the August 7, 2003 accident and related 'to a non accident degenerative cor~difion.
However, the conflict between the physicians on this issue makes the case worth settling at
this level.
A jury could forseeably return a much higher verdict, with hemiation~ being involved and
disputes between the doctors. It is not uncommon for medicals claims of multiple hemiafions
settling at our near statutory limits of $100,000 and we have no liability defenses to raise.
Conclusion of this claim is in the best interests of the City and recommended by our office.
Enclosed is the final executed release. As we discussed, you will be presenting this to the
Council for final approval at the May session.
We thank you for your cooperation.
P ~IENT CONTROl-. SALLAGHER
]01470-000107-AB-01' LOCATION : 411
~LAIMANI: CHARLES WILMICK PN ROA~S STREETS
;SN~ 000-00-0000
tCCiDENT DATE: 07Aug03 ACCIDENT· STATE: FL CTRY: US USA SUIT:
~ESCRIPTION: CITY VEHICLE PULLED FROM STOP SIGN INTO PATH OF CL, MT~S VEHICLE
,RIVER NAME: UNKNOWN ID: O00-O0--O000
O,]UgTER: GENE MONTFORT
PAYMENT INFORMATION
AY TO : ·
NAME : WILMI~K CHARLE~ AND PAYHENT AMOUNT
KANNER & PINTAL. UGA, P.A.
4DDRESS; 5124 HOLLYWOOD BI. VD,
CZ-fY : -HOLLYWOOD FL 3.3021
%iL TO :
NANE : KANNER & PINTALUGA, P.A.
ATTN: HOWARD KANNER
ADDRESS: 5124 HOLLYWOOD BLVD
CITY ~ HOLLYWOOD FL 33021
'AYMENT BI MEDICAL EXPENSE
SSAGEt FULL & FINAL SETTLEMENT OF ALL CLAIFI~S
hffJ 002
KNOW ALL MEN BY THESE PRE~NTS that Wilm/ck Charles, for the sole comideration
of the sam of Eleven Thousand Dollars, ($11000.00) paid by ~ City of Bnynton Beach, rece/l~ of
which is hereby acknowledged, does hereby release, acquit and forever discharge th~ City of Boynton
Beach, i~s oft'tcers, directors, ~cots, attorney, cmployaes, a~ociaKnf cotnpanics, affi~at~, and
subsidiary companies, of and from any and all chims, causes of wtion costs and dema~As of
whatev~- mae or nature and any matter arising or gwwtng out of or on account of a loss which
occurred as a result of accident at or near Boymon Beach, 1:;1. on or about August 7, 2003.
THB UNDERMGN~D ACKNOWLGDO]5 that the co_nsidetatim~ shown above is in full
payment and satisfaction of the chim or cause of action described above and that no oth~ prom~
has been made by the City of Boynmn Beach, any of its office's, directs, ag _m~ts, attorneys
employem;~aml that this/s a eomt~omise settlemem of aa), and all li-bllity of the City of Boymun
Be. ach ~md its officers, directors, agents, attorneys and employees, and all persons who may jointly
and severally be liable with them.
The undersigned agrees to be responsible for, and to satisfy any and all liens, known and
unknown, and/or subro~t~xl inter,ars, for m~dicai treatment, health cate and related e~pensea, and
al~orney's fees, incurred by, or on behalf of th~ undersignS, for any injutie~ arising from thc
accident desaribed herein above. Th6-undersigned agreea to indemnify, dm'end and hold harmle~
Kcleasees from and against any and all- claiw.~, demands, losses, costs and cxgenses, ir~ludi~ but not
limited to, attorneys fees, arising fi.om such l/em and/or subrogated imerem.
· This release and'the paymem made is not to be constru~ as an admission of liability, all
liability tn:lng expressly denied. ~ ~
SIO1R~D AND SEALI/D this day of , 2004
Wimess: Notary Public:
..._:-.:" : !.::, .--
· .~.c .-.:-
,: :) ._' ?. .
· . ~'.~ .'~ ..
XII. - LEGAL
CITY OF BOYNTON BI ITEM A.1
AGENDA ITEM REQUES I
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
~ April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon)
.4 April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon)
J~ May 4, 2004 April 19, 2004 (Noon) July 6, 2004 June 14, 2004 (Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Amend Chapter 9 "Fire Protection and Prevention" to address requirements for high-rise
buildings.
EXPLANATION: Safety features including a firefighter's air system, fire equipment storage rooms, master keys, rappelling
anchors, fire department connection and control valves, communication systems, and compliant elevators will be provided.
PROGRAM IMPACT: This will provide an extra level of safety for firefighters and will enhance the fire rescue
departments' ability to render aid in an emergency.
FISCAL IMPACT: All cost will be borne by the builder.
ALTERNATIVES: Allow high-rise buildings to be built without consideration for contemporary high-rise fire and life
safety features. /
Departlgrnt Head's Signat '" -~ ~f'l~n~ger's s~gnature
Department Name City Attorney / Finance / Human Resources
S:x,BULLETINX,FORMSX, AGENDA ITEM REQUEST FORM.DOC
ORDINANCE NO. O 03- O o~'
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING CHAPTER 9, "FIRE PROTECTION
AND PREVENTION," ARTICLE H, CREATING A NEW
SUBSECTION 9-24," REQUIREMENTS FOR HIGH-RISE
BUll.DINGS AND BUILDINGS WITH SIX OR MORE
STORIES"; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the City of Boynton Beach Fire and Life Safety Division has determined
that it is necessary to amend Chapter 9 of the City's Code of Ordinances to address
requirements for high-rise buildings and buildings with six or more stories; and
WHEREAS, the City Commission has determined that it is in the best interests of the
residents and citizens of the City of Boynton Beach to amend Chapter 9 of the Code of
Ordinances to specifically address requirements for high-rise buildings and buildings with six
or more stories.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
Section 2. Chapter 9, Fire Protection and Prevention, Article II, is hereby amended by
creating Subsection 9-24 is as follows:
Sec. 9-24 REQUIREMENTS FOR HIGH-RISE BUII.DINGS AND
BUII.DINGS WITH SIX OR MORE STORIES
Enforcement of Application
The high-rise regulations set forth in this section shall be enforced by the Fire Marshal.
S:\CA\OrdinancesXFire - Chapter 9x3Iigh Rise Requirements - Chapter 9 Amendment.doc
Page 1
These regulations shall apply to all buildings, which have floors used for human occupancy
located 75 feet or more above grade, and all buildings of six or more stories used for human
occupancy.
Certificate of Compliance
A. No Certificate of Occupancy shall be issued for a high-rise building or a building of
six or more stories, unless a Certificate of Compliance, as described herein, is first issued
by the Fire Marshal.
B. The following life safety features shall be provided in accordance with approved plans
and specifications and shall be tested, certified and proved to be in proper working
condition to the satisfaction of the Fire Marshal before issuance of the Certificate of
Compliance.
1. Firefighters Air System
A system capable of supplying breathing air to multiple levels of the structure
for the purpose of filling breathing air bottles shall be provided. It shall be
designed to meet fire department needs as described in the Fire Department
Design Guide; be tested annually and maintained at the expense of the owner.
It shall be for fire department use only.
2. Equipment Storage Rooms
Equipment rooms or areas as described in the Fire Department Design Guide, for the
purpose of storing equipment for fire department use shall be provided.
3. Stairwell doors
Stairwell doors shall remain unlocked to allow entry to each floor above the first floor
~:\CA\OrdinancesXl*ire - Chapter 9~Jqigh Rise Requirements - Chapter 9 Amendment.doc
Page 2
from the stairwell.
4. Administrative Controls
Administrative controls shall be provided as deemed appropriate by the Fire Marshal.
This typically includes evacuation/identification maps, door labels, impairment
controls, etc.
5. Master Keys
Multiple master keys fitting all common area doors shall be provided.
6. Rappelling Anchors
Anchor devices meeting fire department requirements as described in the Fire
Department Design Guide shall be placed on the roof and used by the fire
department for rappelling purposes.
7. Suppression Connections and Control Valves
The location of fire department connections and fire suppression control valves
shall be approved by the Fire Marshal.
8. Communications
The systems and devices used to provide voice information to building
occupants and among emergency personnel shall be approved by the Fire
Marshal.
9. Elevators
Elevators shall be of adequate size and configuration to accommodate the needs of the fire
department as described in the Fire Department Design Guide.
10. Smoke Controls
S:\CA\OrdinancesWLre - Chapter 9'a~igh Rise Requirements - Chapter 9 AmendmenLdoc
Page 3
Stairways and areas important to life safety shall be provided with adequate smoke control
features as determined by the Fire Marshal.
Section 3. Should any section or provision of this ordinance or portion hereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the remainder of this ordinance.
Section 4. Authority is hereby granted to codify said ordinance.
Section 5. This ordinance shall become effective immediately upon passage.
FIRST READING this I'7 day of ~¢broa~r)t , 2004.
SECOND, FINAL READING AND PASSAGE this day of
,2004.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
ATI'EST: Commissioner
City Clerk Commissioner
(CORPORATE SEAL)
S:\CA\OrdinancesXFtre - Chapter 9~ttigh Rise Requirements - Chapter 9 Amendment.doc
Page 4
FIRE DEPARTMENT DESIGN GUIDE
2004
PURPOSE
The Fire Department Design Guide was developed to provide information for design
professionals regarding methods to comply with city ordinances pertaining to £n-e and life
safety design issues. Alternative designs may be acceptable at the discretion of the Fire
Marshal.
TABLE OF CONTENTS
Bulk Storage of Flammable Liquids In Outside Aboveground Tanks .................. 3
Duct Detector Annunciation ................................................................. 3
Elevators ........................................................................................ 3
Equipment Storage Rooms ................................................................... 3
Extension Cords, Control Panels, and Appliances .........................................
Firefighters Air System ....................................................................... 7
Fire Hydrants and Fire Department Connections ......................................... 16.
Fire Lanes On Private Property; Blocked Roadways ....................................16
Key Boxes/Entry Systems ................................................................... 17
Penetration of Firewalls and Fire Breaks ................................................... 18
Repelling Anchors ............................................................................. 18
Security Gates and Emergency Access ..................................................... 18
Smoke Controls ................................................................................ 19
Sprinkler Systems .............................................................................. 19
Tent Requirements For Assembly Use ...................................................... 19
2
Bulk Storage of Flammable Liquids In Outside Aboveground Tanks
The limits in which bulk storage of inflammable liquids in outside aboveground tanks is
prohibited, are hereby established as follows:
Bounded on the east by the Florida Inland Navigation District Canal; on the north by the
Boynton Canal; on the west by Seaboard Air Line Railroad; and on the south by
Woolbright Road (SW 15 Avenue). Such bulk storage is also prohibited within two
hundred fifty (250) feet of U.S. Highway No. 1, and within fire hundred (500) feet of any
church, school, theater, or other public gathering place, or similar type bulk storage tank
installation located on any noncontiguous parcel. Any building permit issued for the
construction of bulk storage tanks contemplated hereinabove, shall be subject to the
imposition of any reasonable safety requirements deemed necessary by the city
commission dictated by the physical location of the proposed site of such tanks. (Ord.
No. 98-4.5, § 2, 12-1-98)
Duct Detector Annunciation
Where an approved fire alarm system is installed in a building, HVAC duct detectors
shall be connected to the fire alarm system. Smoke detectors used solely for closing
dampers or for heating, ventilating, and air-conditioning system shutdown shall not
activate the building fire alarm. They are to be identified as "Supervisory" only.
Elevators
CONTROL OF AUTOMATIC ELEVATORS
(a) In all buildings three stories or more in height, hereafter erected, which are
equipped with automatic elevators, at least one designated elevator servicing all
floors of the structure shall be arranged for emergency use (firefighter's service)
by Fire Department personnel. The control of automatic elevators shall meet the
requirements as set forth under the state elevator code and ASME/ANSI, Al7.1.
(b) Existing elevators shall conform to the requirements ofASME/ANSI A 17.3.
(c) Elevators shall be inspected and tested as specified in ASME/ANSI A 17.3.
(Ord. No. 98-4.5, § 2, 12-1-98)
Equipment Storage Rooms
In High-Rise Buildings
Fire Department equipment storage rooms shall be provided to store the required fire
fighting equipment and shall comply with the following:
A. Each equipment storage room shall have a minimum of forty-eight (48)
square feet of floor space, with no dimension less than six (6) feet.
Ceiling height shall be at least seven (7) feet, six (6) inches. Size may be
reduced when approved by the Fire Department.
B. Rooms shall be of two (2) hour fire-resistive construction with no opening
rated less than 1 ½ hours.
C. Rooms shall be locked with access by the Fire Department only. Keys
shall be provided in a Fire Department key box.
D. The door to the equipment storage room shall have a permanent sign
stating, "FIRE DEPARTMENT USE ONLY"
E. Stairway doors shall be identified to indicate the location of equipment
storage rooms in the following manner:
1. The stairway, which is adjacent to equipment storage rooms, shall
have an exterior sign on the first floor level, or Fire Department
entrance level, identifying the floors where rooms are located
adjacent to that stairway. These stairways shall have roof access.
2. At each floor level where equipment storage rooms are located,
signs shall be placed on the stairway side to identify that floor as
an equipment storage room location.
F. Shelves, cabinets and racks shall be installed as specified by the Fire
Department
G. The door to the equipment storage room shall be a minimum three (3) feet
by six (6) feet, eight (8) inches in size.
H. Location and Access
1. The equipment storage rooms shall be located adjacent to an
enclosed exit stairway, which provides access to the roofi
Placement of the equipment storage rooms shall begin five (5)
floors above the ground level and then placed at every fifth in an
ascending order.
4
2. When travel distance between exit stairways exceeds 200 feet, both
stair~vays shall have equipment storage rooms adjacent to them.
Such locations shall be on an approved alternate floor schedule.
3. Access to the equipment storage rooms shall be within 10 feet of
the exit stairway. The door to each equipment storage room shall
be visible from the entrance to the exit stairway, and shall be
properly identified. The room shall be readily accessible at all
times for Fire Department use.
3. The fire equipment storage room may be placed within the service
elevator lobby, provided travel distance to the nearest stairway is
no greater than 30 feet.
4. Location of rooms shall be approved by the Fire Department.
1. Each Fire Department equipment storage room shall contain the
following:
1. Three (3) fifty-foot lengths of double-jacketed rubber-lined 2-1/2"
hose
2. Three (3) fifty-foot lengths of double-jacketed rubber-lined 1-3/4"
hose
3. Six (6) lightweight Scott air bottles, 4.5 cubic feet in size
4. One each 2-1/2" x 1-1/2" reducer fitting
5. One each 2-1/2" x 1-1/2" x I-1/2" grated Y fitting
6. Two devices to plug sprinkler heads of each type installed
7. Six each door wedges
8. One fire phone handset per room with outlet
9, Ten foot attic ladder.
10. Haligan Tool
11. Axe
12. Pike Pole
J. All equipment shall be approved by and meet specifications provided by
the Fire Department. All equipment shall be purchased by the building
owner / agent.
K. After initial approvals and certifications, all equipment shall be tested and
maintained by the Fire Department. All equipment storage rooms shall
require an annual Fire Department Inspection.
Extension Cords, Control Panels, and Appliances
(a) Temporary use. Extension cords shall not be used as a substitute for permanent
wiring.
(b) Conditions of use. Extension cords are permitted only with portable appliances or
fixtures. While in immediate use:
(1) Each extension cord shall be plugged directly into an approved receptacle and
shall, except for approved multiplying extension cords, serve only one
appliance or fixture.
(2) The current capacity of the cord shall not be less than the rated capacity of the
appliance or fixture.
(3) The extension cord shall be maintained in good condition without splices,
deterioration or damage.
(4) The extension cord shall be of the grounded type when servicing grounded
appliances or fixtures.
(c) Limitations. Extension cords and flexible cords shall not be affixed to structures,
extend through walls, ceilings, floors, under doors or floor coverings, nor be
subject to environmental damaging physical impact.
(d) Multi-plug adapters. The use of multi-plug adapters such as multi-plug extension
cords, cube adapters, strip plugs or any other device that does not comply with
this code or the Electrical Code is prohibited.
(e) Access to controlpanels. A minimum 30-inch clearance shall be provided in
front of electrical control panels for access.
(f) Non-approved appliances. Electrical appliances or fixtures shall not be sold,
offered for sale or rent, disposed of by girl or premium, nor made available for
use or used unless they are of an approved type.
(g) Exception. Low voltage wiring, such as communications and signal wiring.
6
(h) Temporary wiring.
(1) Temporary wiring for electrical power and lighting installations shall be
permitted during the period of construction, remodeling, repair or
demoIition of buildings, structures, equipment, or similar activities,
subject to proper permitting and inspection.
(2) Temporary wiring for electrical power and lighting installation shall be
permitted for a period not to exceed 90 days for Christmas decorative
lighting, carnivals, and similar purposes and for experimental development
work.
(3) When temporary wiring is attached to a structure, it shall be attached in an
approved manner.
(i) Electrical motors. All electrical motors shall be maintained in a manner free from
the accumulations of oil, waste, and other debris, which will interfere with
required motor ventilation or create a fire hazard. (Ord. No. 98-4.5, § 2, 12-1-98;
Ord. No. 02-008, § 1, 2-19-02)
Firefighters Air System
In High-Rise Buildings
The Firefighters Air System is a complete, self contained breathing air replenishment
system, permanently installed within a structure, consisting of exterior fire department
connection panels, interior air fill stations, interconnected piping distribution system and
an air storage system. Final locations shall be approved by the Fire Department.
Purpose. The Firefighters Air System allows firefighters and other first responders to
replenish empty breathing air cylinders within close proximity of the incident, reducing
the amount of travel distance, time and personnel needed for logistical support, thus
maximizing firefighter safety and effectiveness.
Scope. The design, installation, testing and certification of Firefighters Air System shall
be in accordance with this section.
Safety. The Firefighters Air System is a life safety system. The system shall provide a
safe and reliable source of clean breathable air to firefighters and other first responders
performing fire suppression, evacuation, search and rescue and other types of emergency
response tasks at incidents requiring the use of self contained breathing apparatus.
Nothing within this specification shall be reduced in quality in any manner, including but
not limited to system design criteria, system performance criteria, components, materials,
installation procedures, testing procedures, commissioning requirements and certification.
Quality Assurance. Plans, specifications, equipment and product data sheets and system
7
calculations for the Firefighters Air System shall be reviewed and stamped by a licensed
mechanical engineer knowledgeable in high pressure breathing air replenishment
systems, who can demonstrate previous experience with such systems.
Contractor Qualifications. The Firefighters Air System shall be installed by a
licensed High Pressure Breathing Air Contractor. The installation contractor shall have a
state, county, or municipal Occupational License.
Performance and Design Criteria. The Firefighters Air System shall allow firefighters
to replenish a minimum of two (2) 4.5 cubic foot breathing air cylinders at 4,500 PSI
simultaneously within three (3) minutes or less and shall provide for the refilling of
breathing air cylinders within a certified fill containment enclosure.
All components of the system shall be rated to operate at a minimum working pressure of
5,000 PSIG at 70 F with a 4:1 safety factor
The air storage system shall be capable of replenishing a minimum of fifty (50) breathing
air cylinders of 4.5 cubic feet at 4,500 PSI simultaneously within three (3) minutes or less
without fire department supplementation.
The interconnected piping distribution system shall have a minimum calculated design
flow using two (2) interior fill stations, total of four (4) - 4.5 cubic foot 4,500 PSI
breathing air cylinders operating simultaneously at the furthest point fi:om the fire
department access.
When air supplementation becomes available by the fire department mobile air unit, the
exterior fire department connection panel will allow the MAU operator to connect and
begin augmentation of the system, providing for a constant source of breathing air
replenishment to all interior fill stations.
The interconnected piping distribution system shall be designed so that the exterior fire
department connection panels may be isolated from the air storage system and routed
directly to the interior air fill stations via the systems main distribution line. This shall be
accomplished through the means of check valves and selector valves readily accessible
by fire department personnel, thus allowing breathing air to be supplied directly from the
fire department MAU to the interior fill stations.
Permits. A permit is required to install and repair a Firefighters Air System, in
accordance with the Building Department's permitting procedures.
Fees. No fees shall be charged by the Fire Department for the permit. The Building
Department's fee schedule does apply.
Plans. Prior to the installation of a Firefighters Air System, two sets of plans and
specifications shall be submitted to the Building Department for review and approval.
Plans and calculations shall demonstrate compliance with the requirements of this section
and shall be stamped by a Registered Design Professional demonstrating that the design
criteria for all pressure containing components is satisfied with a minimum working
pressure of 5,000 PSIG at 70 F with a safety factor of 4:1.
The plans submittal shall also include manufacturer mill report for the tubing, fittings,
valves, pressure regulators, pressure relief devices, pressure gauges, cylinder filling hoses
and all other components that may be required for a complete Firefighters Air System
installation.
The AHJ is authorized to require additional information that is necessary for ensuring the
proposed design meets the requirements of this section.
The installation of the Firefighters Air System shall not commence until complete plans,
specifications and calculations have been submitted, approved and permit issued by the
Building Department.
Codes and Standards The Firefighters Air System shall conform to all current national
standards and this specification. Construction requirements shall follow the current
editions of the FBC. Where applicable all components of the Firefighters Air System
shall meet the minimum requirements of the NFPA, OSHA, ASTM, ASME, ANSI and
Florida Building, Fire, Plumbing and Mechanical codes.
System Components. All pressurize breathing air components of the Firefighters Air
System shall be listed and, or approved by a nationally recognized testing laboratory or
agency. The system shall contain as a minimum, the following components.
a. Exterior Fire Department Connection Panel
b. Interior Fire Department Air Fill Station
c. Air Storage System
d. Interconnected Piping Distribution System
e. Pressure Monitoring Switch
f. Moisture - CO Monitor
Protection. All components of the Firefighters Air System shall be protected by a
minimum two (2) hour fire resistive construction and be protected fi.om physical damage.
Materials of Construction. All breathing air components used in the construction of the
Firefighters Air System shall be listed and, or approved by a nationally recognized testing
laboratory or agency. All pressurized components shall be compatible for use with high
pressure breathing air equipment and self-contained breathing air apparatus. All
pressurized breathing air components shall be rated for a minimum working pressure of
5,000 PSI with a minimum safety ratio factor of 4:l
Markings. All components of the Firefighters Air System shall be clearly identified by
means of stainless steel or plastic labels or tags indicating their function. This shall
include as a minimum all fire department connection panels, air fill stations, air storage
system, piping, gauges, valves, air connections, air outlets, enclosures, doors.
Exterior Fire Department Connection Panel and Enclosure.
Location. A minimum of two (2) exterior fire department connection panels shall be
attached to the building or on a remote monument at the exterior of the building and be
interconnected to the interior air fill stations and air storage system. The panels shall be
secured inside of a weather resistant enclosure. The panels shall be within 50 feet of an
approved roadway or driveway, or other location approved by the Fire Department. The
enclosures shall be visible and accessible on approach to the building and shall be
maintained with a minimum of six (6) feet - 180-degree clear unobstructed access to the
front of the panels.
The exterior fire department connection panel shall provide the fire departments mobile
air operator access to the system and shall be compatible with the fire departments mobile
air unit.
Non-Metallic Materials. When the enclosures are constructed of non-metallic materials,
the enclosures shall be resistant to ultraviolet and infrared solar radiation.
Vehicle Protection. When the panels are located in an area subject to vehicle traffic,
impact protection shall be provided.
Enclosure Marking. The front of the enclosures shall be marked FIREFIGHTERS AIR
SYSTEM on a securely attached stainless steel, plastic engraved or painted plate. The
lettering shall be in a color that contrasts with the enclosure front and in letters that are a
minimum of 2 inches high with 3/8-inch brush stroke. The marking of the enclosures
shall be immediately visible and accessible to emergency response personnel.
Enclosure Components. The exterior fire department connection panel shall contain all
of the necessary gauges, isolation valves, pressure relief valves, pressure regulating
valves, check valves, tubing, fittings, supports, connectors, adapters and other necessary
components as may be required to allow the fire departments mobile air unit to connect
and augment the system with a constant source of breathing air.
Interior Air Filling Station.
Location. An air filling station shall be located within ten (10) feet and adjacent to an
enclosed exit stairway which provides access to the roof or other areas of ingress or
egress at a minimum of every three (3) floors, commencing on the third (3fa) floor above
the lowest level of fire department access and every third (3ra) floor thereafter and
continue in an ascending order until the uppermost filling station is within three (3) floors
of the roof; the specific location on the floors shall be approved by the fire department;
and within ten (10) feet and adjacent to an enclosed exit stairway or other areas of ingress
or egress approved by the fire department, commencing on the third (3~a) floor below
10
ground level and every three (3) floors below grade thereafter and continue in a
descending order until the lowermost filling station is within three (3) floors of lowest
level; or, if there are less than three (3) floors below ground level, the lowest floor. The
specific location on the floors shall be approved by the fire department.
Additional air filling stations are required when travel distance between exit stairways
exceeds two hundred (200) feet; both stairways shall have air filling stations adjacent
to them, such locations shall be approved by the fire department. The specific location
on the floors shall be approved by the fire department.
Enclosure Requirements. Each air fill station shall be installed within a lockable
enclosure, closet or room by a means approved by the fire department. Each enclosure,
closet or room shall be within ten (10) feet of the exit stairway. The door to each
enclosure shall be readily visible from the entrance to the exit stairway and readily
accessible at all times by firefighters and other emergency responders and shall be
maintained with a minimum of six (6) feet - 180 degree clear unobstructed access to the
front of the air filling station. The enclosure shall have emergency lighting and 110 AC
outlet also powered off the building emergency generator.
Security. To prevent unauthorized access to or tampering with the system, each air fill
station enclosure shall be maintained locked by a means approved by the fire department.
Enclosure Marking. Each enclosure, closet or room shall be marked FIREFIGHTERS
AIR SYSTEM on a securely fastened stainless steel, plastic engraved or painted plate.
The lettering shall be in a color that contrasts with the cabinet front and in letters that are
a minimum of 2-inches high with 3/8-inch brush stroke. The marking of the cabinet shall
be immediately visible and accessible to emergency response personnel.
Air Filling Station Marking. The front of each air fill station shall be marked
FIREFIGHTER AIR SYSTEM on a securely fastened stainless steel, plastic engraved or
painted plate. The lettering shall be in a color that contrasts with the cabinet front and in
letters that are a minimum of 2-inches high with 3/8-inch brush stroke. The marking of
the cabinet shall be immediately visible and accessible to emergency response personnel.
Air Filling Station Components. The air filling station shall contain all of the necessary
gauges, isolation valves, pressure relief valves, pressure regulating valves, check valves,
tubing, fittings, supports, connectors, adapters and other necessary components as may be
required to allow firefighters to safely and reliably replenish multiple breathing air
cylinders within a certified fill containment enclosure.
Air Storage System.
Location. An air storage system shall be located in buildings ten (10) floors or more
above the lowest level of fire department access at a location approved by the fire
department.
11
Purpose. The air storage system along with interior air fill stations shall provide
firefighters the ability to safely and reliably replenish empty breathing air cylinders prior
to the fire departments mobile air unit arriving on scene.
Performance. The air storage system shall be capable of replenishing a minimum of
fifty (50) breathing air cylinders of 4.5 cubic feet at 4,500 PSI simultaneously within
three (3) minutes or less without fire department supplementation. The use of equipment
requiring gasoline, diesel driven or standard building powered components is not
acceptable.
Enclosure Requirements. The air storage system shall be contained within a minimum
two (2) hour fire rated enclosure, closet or room sufficiently sized to accommodate ail air
storage system components. The access door to the enclosure shall be of sufficient size to
allow for the maintenance and or removal of the air storage system. The enclosure shall
be conditioned so that the temperature is no less than 40 F or more than 80 F degrees and
shall have an engineered pressure relief vent for over pressurization in the event of
component failure. The enclosure shall have emergency lighting and 110 AC outlet also
powered offthe building emergency generator.
Security. To prevent unauthorized access to or tampering with the air storage system, the
enclosure shall be maintained locked by a means approved by the fire department.
Enclosure Marking. The air storage enclosure, closet or room shall be marked
FIREFIGHTERS AIR SYSTEM on a securely fastened stainless steel, plastic engraved
or painted plate. The lettering shall be in a color that contrasts with the cabinet front and
in letters that are a minimum of 2-inches high with 3/8-inch brush stroke. The marking of
the enclosure shall be immediately visible and accessible to emergency response
personnel.
Air Storage System Marking. The air storage system shall be marked FIREFIGHTER
AIR SYSTEM on securely fastened stainless steel, plastic engraved or painted plates. The
lettering shall be in a color that contrasts with the systems components and in letters that
are a minimum of 2-inches high with 3/8-inch brush stroke.
Piping Distribution Materials and Methods.
Prohibition. The use of carbon steel, iron pipe, malleable iron, high strength gray iron,
alloy steel, copper or plastic for pressurized breathing air components is prohibited.
Materials of Construction. All components of the piping distribution system shall be
protected by a minimum two (2) hour fire resistive construction and be protected from
physical damage. All pressurized materials used in the construction of the piping
distribution system shall be compatible for use with high pressure breathing air
equipment and self-contained breathing apparatus. All pressurized breathing air
components shall be rated for a minimum working pressure of 5,000 PSI with a minimum
12
safety ratio factor of 4:1. The internal surfaces of all pressurized material shall be free of
contamination and meet the standards ofNFPA 1500-200 Grade D breathing air.
Tubing. Tubing shall be constructed of stainless steel materials that are compatible with
high pressure breathing air. The use of nonmetallic materials shall be compatible with
high pressure breathing air. When stainless steel tubing is used, it shall meet ASTM A-
269, Grade 316 or an equal standard. Stainless steel tubing shall be a minimum .375
outside diameter x .065 wall 316 fully annealed seamless. Stainless steel tubing shall be
at least Grade 316 and meet the requirements of ASTM A-479 or equal. Routing of
tubing and bends shall be such as to protect the tubing from mechanical damage.
Securement. Tubing shall be supported at minimum of five (5) feet intervals. Individual
tubing clamps and mounting components shall be mechanically secured to the building
support-members in accordance with manufacturers specifications and the Mechanical
Code adopted by the jurisdiction.
Marking. All tubing shall be clearly marked FIREFIGHTERS AIR SYSTEM and HIGH
PRESSURE BREATHING AIR using double sided engraved 3" x 1" stainless steel or
plastic markers placed at minimum 10' intervals and at each floor level whether
concealed or in plain view.
Fittings. Fittings shall be constructed of stainless steel materials that are compatible with
high pressure breathing air. The use of nonmetallic materials shall be compatible with
high pressure breathing air. Stainless steel fittings shall be at least Grade 316 and meet
the requirements of ASTM A-479 or an equal standard and rated to the maximmn
working pressure of the tubing used.
System Assembly Requirements. The piping distribution system shall be a welded
system, except where the tubing joints are readily accessible and at the point of
connection to the individual air filling stations. Welding procedures shall follow
nationally recognized standards. Prior to and during the welding of sections of tubing, a
continuous, regulated dry nitrogen purge at 3 psi shall be maintained to eliminate
contamination with products of the oxidation or welding flux. The purge shall commence
a minimum of 2 minutes prior to welding operations and continue until the welded joint
is at ambient temperature (72° F). When mechanical high-pressure tube fittings are used,
they shall be listed for the type of materials to be joined and rated for the maximum
pressure of the system. When mechanical tube fittings are used, prior approval by the
authority having jurisdiction must be obtained. All concealed mechanical fittings for
tubing and valves shall be made accessible by means of fire rated, self-closing, access
door with fire department approved locking system. When tubing passes through a fire
rated or solid material, it shall be protected by a sleeve at least three (3) times the tube
diameter. Both ends of the sleeve shall be filled with and approved fire stop material.
Prevention of Contamination. The installing contractor shall ensure that, at all times,
the system components are not exposed to contaminants, including but not limited to,
oils, solvents, dirt, and construction materials. When known or suspected contamination
13
of system components has occurred, the affected component shall not be installed in the
system. The installation shall also conform to good engineering practice.
Pressure monitoring switch. An electric Iow pressure-monitoring switch shall be
installed to monitor the air pressure. The pressure switch shall be connected to the
building's fire alarm system or monitor system as a supervisory alarm. The pressure
switch shall transmit a supervisory signal when the pressure of the breathing air system is
less than 3,000 PSIG at 70 F, +100 PSIG. The building owner or authorized agent shall
notify the fire department and testing contractor of any alarm signaling a loss of pressure
to the system.
Moisture - CO Monitor. An electric moisture and carbon monoxide monitor shall be
installed to monitor the systems air quality. This monitor shall be connected to the
building's fire alarm system as a supervisory alarm. The monitor shall transmit a
supervisory signal when the levels of moisture or carbon monoxide exceed acceptable
levels for breathing air standards. The building owner or authorized agent shall notify the
fire department and testing contractor of any alarm signaling a rise in moisture or carbon
monoxide levels within the system.
Final Testing, Inspection and Commissioning.
All components of the Firefighters Air System shall be pre-inspected and tested for
proper assembly and operation prior to a functional fire department test and inspection.
Testing Procedures.
Following fabrication, assembly, and installation of the exterior fire department
connection panels, interior air filling stations, air storage system and the piping
distribution system, the Fire Department shall witness the pneumatic testing of the entire
system at 5,000 PSI for a period of twenty four (24) hours using oil free, clean dry air.
During this time all fittings, joints and system components shall be inspected for leaks. A
solution compatible with the system component materials shall be used on each joint and
fitting. Any defects in the system or leaks detected shall be documented on an inspection
report, repaired and or replaced.
Upon the successful completion of the twenty four (24) hour pressure test, the Fire
Department shall witness the pneumatic testing of the entire system at 7,500 PSI for a
period of one (1) using oil flee, clean dry air. Any defects in the system or leaks detected
shall be documented on an inspection report, repaired and or replaced.
Upon the successful completion of the one (1) hour pressure test, the systems low
pressure monitoring switch shall be calibrated to not less than 3,000 PSI descending and
tested to verify that the signal is annunciated at the building's main fire alarm panel and
by means of an audible and visual strobe located in a readily visible location.
14
A minimum of two (2) air samples shall then be taken from separate air filling stations
and submitted to an independent certified gas analyst laboratory to verify the system's
cleanliness and that the air meets all applicable standards for breathing air systems to
include but not limited to NFPA 1500-2000 and the definition of PF grade (D) breathing
air. The laboratory shall submit a written report to the testing contractor and the Fire
Department documenting the air analysis complies with the above requirements.
During the period of air quality analysis, the air filling stations inlets shall be secured so
that no air can be introduced into the system and each air filling station shall be provided
with a sign stating "AIR QUALITY ANALYSIS IN PROGRESS, DO NOT FILL OR
USE ANY AIR FROM THIS SYSTEM." This sign shall be a minimum of 8-1/2 X 11"
with minimum of 1" lettering.
Each exterior fn-e department connection panel shall be tested for compatibility with the
fire departments mobile air unit. This shall be accomplished by connecting the fire
departments mobile air trait to each exterior connection panel. At such time of connection
the fire departments mobile air unit will provide a source of air to the system verifying
the systems compatibility with the MAU.
Each air filling station shall be tested for compatibility with the fire department's self-
contained breathing cylinders and apparatus. This shall be accomplished by replenishing
empty 4,500 PSI breathing air cylinders at each outlet at each air fill station.
The air storage system shall be tested for its ability to meet the Performance Section. This
shall be accomplished by the replenishing of a minimum of twenty five (25) 4.5 cubic
foot, 4,500 PSI breathing air cylinders at the uppermost air filling stations without
augmentation from the fire departments mobile air unit.
Upon successful completion of all testing procedures the system shall be filled to normal
operating pressure of 5,000 PSI, all control valves shall be placed in their normal
operating position, all doors shall be secured and locked. Five (5) sets of keys properly
identified shall be provided to the fire department.
System Acceptance and Final Commissioning
Training. The installing contractor shall provide training for the fn-e department upon the
successful conclusion of all inspections, testing and commissioning procedures. This
training shall be accomplished in three (3) separate shifts of not more than three (3) hours
per session. The fire department may request additional training when the regular testing
and certification contractor performs testing and certification procedures. Training
sessions shall be by mutual consent with the building owner or authorized agent.
Certification. A registered design professional's stamped certificate documenting the
entire Firefighters Air System has been installed, tested and commissioned in accordance
with this section and the approved plans shall be submitted to the AJH.
15
Final Acceptance. Prior to the final acceptance of the Firefighters Air System and
certificate of occupancy, the building owner or authorized agent shall provide for the
regular testing and certification of the Firefighters Air System for the life of the system.
Verification of a regular testing and certification shall be provided to the Fire Department
in writing.
Regular Testing and Certification. As a minimum, this shall include; verifying the
system's compatibility with the fire department's mobile air trait and self contained
breathing apparatus. This shall include verifying the system's ability to maintain 5,000
PSI working pressure, the operability of the low pressure monitoring switch and the
system's ability to comply with the air quality requirements of this section. The building
owner, authorized agent or testing contractor shall notify the fire department of any
scheduled test of the system.
Testing Contractor. The Firefighters Air System testing contractor shall be a
licensed High Pressure Breathing Air Contractor. The testing contractor shall have a
Business License.
Final Commissioning. Upon satisfactory completion of all testing procedures, receipt of
engineered stamped certification, verification of a regular testing and maintenance
contract and fire department training the system shall be considered complete. The
Firefighters Air System shall then be considered ready for use by firefighters in an
emergency incident.
Special Requirements. Any modification or changes to components contained within
or to the "systems" described in this section shall be requested through the Building
Department's permitting procedures.
Fire Hydrants and Fire Department Connections
Reflective blue markers shall be placed to indicate the location of a hydrant. Reflective
red markers shall be placed to indicate the location of a Fire Department Connection.
(Ord. No. 98-4.5, § 2, 12-1-98; Ord. No. 02-008, § 1, 2-19-02)
Fire Lanes On Private Property; Blocked Roadways
(a) For the purposes of this section:
Fire Lane. A space sufficient in width and length to permit the parking of fire
trucks, rescue vehicles, and other fire rescue department apparatus and located
nearest to, or at the best location to permit firefighting and rescue operations
nearest to, a building or structure.
Co) Fire lanes shall be established on private property where the public has the right to
travel by motor vehicle, or where the public is permitted by invitation or by
license to travel by motor vehicle, to the extent that any such lane is necessary for
16
access to buildings by fire tracks or other firefighting apparatus as determined by
the Fire Marshal. Any person owning or in possession and control of any such
property, including but not necessarily limited to, any parking lot, shopping plaza,
shopping center or other commercial, industrial or multifamily residential area,
shall establish such fire lanes through striping, marking and posting of signs.
(c) After notification by the Fire Marshal of the necessity to establish one or more
fire lanes upon a particular property, the owner or person in possession and
control of the property shall submit two sets of site plans of the property to the
Fire Marshal for review and approval of the design and location of the fire lanes.
The site plans shall be drawn to scale and shall show all related buildings,
driveways, streets and other information to evaluate the sufficiency of the fire
lanes.
(d) Approval by the Fire Marshal of the fire lanes shall constitute authorization for
the installation of official signs prohibiting the stopping, standing or parking of
motor vehicles within the fire lanes, and posting the lanes as tow away zones.
Such signs and necessary pavement marking and striping shall be furnished by
and at the cost of the owner or person in possession and control of the property,
who shall hereafter be responsible for the maintenance of the signs, marking and
striping in a state of good repair.
(e) All fire lanes signs installed pursuant to this section shall have red lettering, not
less than two inches or more than three inches in height, on a white background.
Each sign shall be 12 inches wide by 18 inches in height, and shall not be
inconsistent with the Manual on Uniform Traffic Control Devices of the State
Department of Transportation. The Fire Marshal shall prescribe a uniform sign
design for such signs.
(f) It shall be unlawful for any person to have or cause to have any driveway,
roadway or entrance barricaded or blocked by obstacles which would interfere
with the response of Fire Department or other emergency vehicles. If an existing
building requires the changing of access to the properties, the owners shall
provide revised site plans to the Building Division and to the Fire Department for
their approval. Any person failing to comply with the above provisions or
violating the provisions shall be punished pursuant to the provisions of Sec. 9-1
and Sec. 1-6. (Ord. No. 98-4.5, § 2, 12-1-98)
Emergency access shall be provided at the start of a project and be maintained
throughout construction per the Florida Fire Prevention Code, Section 3-5, and
NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition
Operations, Section 54.3. Emergency access roadways must be firm and
unyielding, having a bearing value of not less than 40 (i.e. LBR 40), compacted to
98% of the maximum density as determined by AASHTO T180, in accordance
with the FDOT Standard Specifications for Road and Bridge Construction (2000)
Division 11, Section 160, STABILIZING. A copy of the test results shall be
17
provided and accepted prior to above grade construction. Testing frequency shall
not be less than that specified in the FDOT Sampling, Testing and Reporting
Guide, or as required by the Fire Marshal. The roadway shall be maintained free
from ruts, depressions, and damage, and at the required bearing value for the
duration of it's intended use.
Key Boxes/Entry Systems
In all new and existing buildings, except individual residential dwelling units of any kind,
there shall be installed a key box for such areas or buildings when the Fire Marshal
determines that access to or within a structure or an area is unduly difficult because of
secured doors and windows, security gates, or where immediate access is necessary for
all life-saving or firefighting purposes. The key box shall be a type approved by the Fire
Marshal, and shall contain:
(a) Keys to locked points of egress, whether in common areas or
on the interior or exterior of such buildings;
(b) Keys to locked mechanical equipment rooms;
(c) Keys to locked electrical rooms;
(d) Keys to elevator controls; and
(e) Keys to other areas where fire rescue personnel may need
emergency access as directed by the Fire Marshal. The Fire Marshal shall
approve the location of the lock box. (Ord. No. 98-4.5, § 2, 12-1-98)
Penetration of Firewalls and Fire Breaks
Any material penetrating a firebreak or firewall shall have the equivalent fire rating of
that break or wall which is penetrated. (Ord. No. 98-4.5, § 2, 12-1-98)
Repelling Anchors
(1) Anchors shall be attached at locations specified by the Fire Department.
(2) All anchors and hardware shall be of Type 303, 304, or 316 stainless steel.
(3) Anchors attached to concrete poured-in-place shall be installed while the concrete
is being placed. Such anchors shall extend not less than 5 inches into the concrete
and shall have a cross-sectional area of not less than one-fourth of a square inch
18
and shall be provided with a fluke at the end of the anchor not less than 1 inch in
length.
(4) Anchors attached to masonry, other than concrete poured-in-place, shall be
installed while the wall is under construction and shall be shaped to build into the
joints between masonry units. Such anchors shall be not less than 8 1/2 inches
long and shall have a cross-sectional area of not less than one-fourth of a square
inch at all unexposed points and shall have a fluke or flukes having holding
surface of not less than 1 inch in length that shall be firmly imbedded in the
masonry.
(5) Anchors attached to hollow metal construction shall be installed by one of the
following methods:
(A) At least two machine screws or bolts of 3/8-inch diameter stainless steel or
equivalent passing through the frame and a steel reinforcing plate 3/8-inch
thick that extends not less than 5 inches above the top bolt hole, placed on
the inside of the fi-ame and secured by means of nuts and lock washers. In
cases where it is impracticable to provide nuts and lock washers, the
reinforcing plate may be tapped to receive 3/8-inch diameter bolts, and the
bolts shall extend through the plate.
(B) Where the threaded bolt is an integral part of the anchor, it shall be at least
1/2-inch in diameter and shall be secured by means of a nut and lock
washer, or any other method acceptable to the AHJ.
(C) Bolts used to attach anchor fastenings shall be secured by means of nuts
tightened to the torque specified by the bolt manufacturer or other
equivalent means.
(6) Anchors attached to solid metal construction shall be installed by one of the
following methods:
(A) At least two machine screws or bolts of 3/8-inch diameter stainless steel or
equivalent passing through the flame and secured by means of nuts and
lock washers. In cases where it is impracticable to provide nuts and lock
washers, the metal frame shall be reinforced with a 3/8-inch thick plate, 6
inches long, tapped to receive both attaching bolts which shall extend
through the reinforcing plate.
(B) Where the threaded bolt is an integral part of the anchor, it shall be at least
I/2-inch in diameter and shall be secured by means of a nut and lock
washer, or any other method acceptable to the Fire Department.
19
(C) Bolts used to attach anchor fastenings shall be secured by means of nuts
tightened to the torque specified by the bolt manufacturer or other
equivalent means.
(7) When anchors are attached to hollow or solid aluminum frames, the reinforcing
plate shall be coated or protected so as to minimize electrolytic action between
unlike metals.
(A) All anchors and anchor fastenings shall be provided with means to prevent
them from turning, backing off or becoming loose.
(B) Bolts used to attach anchor fastenings shall be secured by means of nuts
tightened to the torque specified by the bolt manufacturer or other
equivalent means.
(8) The use of expansion shield anchors is prohibited.
(9) Inspection of Anchors and Fittings on buildings shall be conducted at least every
12 months.
Security Gates and Emergency Access
The minimum requirements shall be as required by the Fire Marshal:
(a) All security/entrance gates must have an electronic key number pad or an
approved alternative.
(b) The keypad will allow entrance by the simple act of pushing four (4) or five (5)
buttons.
(c) All gates must have a security entry code approved in advance by the Fire
Marshal.
(d) Gates may be operable by telephone from our dispatch office. A phone call fi.om
our dispatchers will open the gate and a second call will be required to close the
gate.
(e) In case of power failure, the electronic gate shall open automatically and remain
open.
(f) An exception ~vill be where a 24-hour security guard is stationed at the gate.
(g) A back-up device such as an authorized security box or key switch is required to
operate the gate in the event the number pad entry does not work.
20
(h) No other code numbers, operating methods or key systems will be kept on file by
the Fire Rescue Department.
(i) In the event that our units are unable to gain rapid entry with the above methods,
it will required the use of raid forcible entry methods to gain entry. The city
and/or the Fire Rescue Department shall not be responsible for, nor incur any
costs as a result of, gaining access to a specific area.
(j) Information on where authorized key security boxes can be obtained is available
from the Fire Rescue, Fire and Life Safety Division.
(k) Failure to comply will result in the violation of Section 9-3F of this code.
(1) Failure to notify the Fire Marshal of all unauthorized change to the operating
system or other violation of this Section shall result in a fine of $100.
(Ord. No. 98-4.5, § 2, 12-1-98; Ord. No. 02-008, § 1, 2-19-02)
Smoke Controls
Stairways and areas important to life safety in buildings of six or more stories shall be
provided with adequate smoke control features as determined by the Fire Marshal. An
understanding of the expected performance of the system and the acceptance test
procedures should be established early in the design. Detailed engineering design
information is contained in ASHRAE/SFPE, Design of Smoke Management Systems, and
the NFPA publication, Smoke Movement and Control in High-Rise Buildings.
The purpose is to accomplish one or more of the following:
(1) Inhibit smoke from entering stairwells, means of egress, areas of refuge, elevator
shafts, or similar areas.
(2) Maintain a tenable environment in areas of refuge and means of egress during the
time required for evacuation.
(3) Inhibit the migration of smoke from the smoke zone.
(4) Provide conditions outside the fire zone that enable emergency response
personnel to conduct search and rescue operations and to locate and control the
fire.
(5) Contribute to the protection of life and to the reduction of property loss.
Sprinkler Systems
a) Water meters are prohibited on sprinkler supply lines.
Tent Requirements For Assembly Use
a) A supplemental lighting system in addition to the regular system for emergency
lighting is required.
21
b) A certificate of flame retardant fabric is required to be provided to the authority
having jurisdiction.
c) A confirmatory field inspection is required after the tent is erected and prior to use
by the public to confirm flame resistance.
d) The storage of flammable liquids or the use of combustible materials, not flame
retardant treated, are not permitted inside the tent. There will be no smoking or
open flame allowed inside the tent.
e) A method to provide for emergency communications shall b,e provided.
f) A ten-pound ABC fire extinguisher will be prominently displayed and persons
operating the assembly shall be trained.
g) The public will be protected from tripping hazards and all electrical connections
shall be enclosed.
h) Applicable building permits and inspections shall be required. Permit
applications shall include flame-spread information, location of tent relative to
other structures, and the time period the tent is to be used.
22
XII. - LEGAL
CITY OF BOYNTON Bi ITEM A.2
AGENDA ITEM REQUES_
Requested City Commission Date Final Form Must be Turned Requested City Commission Dale Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June l, 2004 May 17, 2004 (Noon)
" April20,2004 April 5, 2004 (Noon) [] June l5, 2004 May 31, 2004 (Noon)
~ May4,2004 April l9, 2004 (Noon) [] July6~2004 June14, 2004 (Noon)
[] May18,2004 May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (Noon) ~ -<'0
[] Administrative [] Legal ::~
NATURE OF [] Announcement [] New Business
AGENDA
ITEM
[] City Manager's RePo. [] presenta.on
[] Consent Age~da [] Public Hearing :-
-[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Request approval of Ordinance 04- mending City Of Boynton Beach Ordinance Part II,
Chapter 24, "Taxicabs," and creating a revised Chapter 24 entitled "Vehicles for HireY
EXPLANATION: In conjunction with the Land Development Regulation update currently in progress, the Department of
Deyelopment has reviewed the existing Code of Ordinances chapter related to Taxicabs and determined that as written, the
intent of this code is no longer broad enough t° encompass the nUmeroUS'modeS of transPOrtation services available to the
general public. In an effort to better define and regulate Vehicles for Hire, Staffhas undertaken a comparative analysis Of
neighboring communities along with an evaluation of the goals of the community RedeVelopment Agency in revitalizing our
downtown area. ~ ~.
As a result of this research, staffhas determined tImt brOader regulati°ns allowing: for alternative modes of transportatiOn,
including trolley and non-motorized vehicles, are appropriate at this time.
PROGRAM IMPACT: Improved regulation and licensing of Vehicles for Hire.
FISCAL IMPACT: N/A.
th eXisting cOde. : · ,
Quintus L.t6~e~e, ~e?~'l~m-eni Dir&tor i-~ Manager s Signature
Development Depamnent
Department Name City Attorney / Finance / Hunmn Resources:
S:'XBULLE~qNwoRMsXAGENDA ITEM REQUEST FoRM.Doc
1 ORDINANCE NO. O4- 0 &q
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORDA AMENDING CHAPTER 24. OF THE CODE OF
5 ORDINANCES ENTITI.ED "TAXICABS", AND CREATING
6 A REVISED CHAPTER 24. ENTITLED "VEHICI.ES FOR
7 HIRE"; PROVDING FOR CONFLICTS, SEVERABILITY,
8 CODIFICATION AND AN EFFECTIVE DATE.
9
10 WHEREAS, in conjunction with the Land Development Regulation update currently
11 in progress, the Department of Development has reviewed the existing Code of Ordinances
12 chapter related to Taxicabs, and determined that as written, the intent of this code is no longer
13 broad enough to encompass the numerous modes of transportation services available to the
14 general public; and
15 WHEREAS, in an effort to better define and regulate Vehicles for Hire, staff has
16 undertaken a comparative analysis of neighboring communities along with an evaluation of
17 the goals of the Community Redevelopment Agency in revitalizing our downtown area; and
18 WHEREAS, upon recommendation of staff, the Commission has determined that
19 broader regulations allowing for alternative modes of transportation, including trolley and
20 non-motorized vehicles, are appropriate at this time; and
21 WHEREAS~ the City Commission deems it appropriate and in the best interests of
22 the citizens and residents of the City of Boynton Beach, to amend Chapter 24 of the Code of
23 Ordinances entitled "Taxicabs"; and
24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing whereas clause is true and correct and is now ratified and
27 confirmed by the City Commission.
28 Section 2. That Chapter 24, Part li of the Code of _Ordinances is hereby amended by
29 adding the words and figures in underlined type and by deleting the words and figures in
30 struck-through type, as follows:
31
32 PART II CODE OF ORDINANCES
33
34 Chapter 24 T:'~vj~CAES VEHICLES FOR HIRE
35
36
37 Sec. 24-1. Definitions.
38
39 As used in this chapter:
40
41 Advertising shall mean vehicle overlays, attached or painted signage, as regulated by
42 City of Boynton Beach Land Development Regulations, Chapter 21, any written statement
S:\CA\OrdinancesXBuildingXRevision 041204 - Taxicabs.doc
1 made in connection with the solicitation by vehicle for hire business and includes without
2 limitation, statements or representations made in a newspaper, "Yellow Pages" or other
3 publication, or on radio, television or contained in any notice, handbill, business card, sign,
4 catalog, billboard, brochure, poster or letter.
5
6 Applicant shall mean any person who applies for a vehicle for hire occupational
7 license. In the case of partnerships, associations, corporations and other legal entities,
8 "applicant" shall also mean any member of a partnership and the corporate officers and
9 directors.
10
13
14 Compensation shall mean a return in money, property, or anything of value for the
15 rendition of vehicle for hire services.
16
17 Counfy Business Permit shall mean the grant by Palm Beach County to operate one
18 (1) vehicle for hire not subject to reciprocity, upon the streets of the county.
19
20 Cruising means the driving of a taxicab on the streets, alleys or public places of the
21 city in search of, or soliciting, prospective passengers for hire.
22
23 Driver means an individual who operates or is in actual physical control of a public
24 vehicle.
25
28 HoMer means a person, corporation, partnership, or other business entity to whom a
..... has 5ce~ issued chapter to
30 whom the City issues an occupational license to operate a vehicle for hire business.
31
32 Jitney shall mean any non-metered vehicle for hire which may or may not operate a
33 regular intervals over a designated route, and which fixed fares or rates may be charged for
34 services.
36 Limousine means any chauffeur-driven, non-metered passenger vehicle for hire,
37 including, but not limited to, modified-for-the-purpose luxury limousines or full-sized luxury
38 sedans, providing seating accommodations for not more than the number of passengers_,
39 including the driver, specified by the vehicles manufacturer, whose rates are determined on
40 an hourly, daily, weekly or monthly rental of the vehicle and the chauffeur, or a combination
41 of rental and mileage charges, with a minimum rental period of one (1) hour.
42
43 Manifest means a daily record prepared by a vehicle for hire driver of all trips made
44 by said driver showing the time and place of origin, destination, number of passengers, and
45 the amount of fare of each trip.
46
47 Non-motoriged vehicle means vehicles for hire designed to be propelled by humans
48 and/or animals which do not also have engines or motors installed, including, but not limited
49 to, rickshaw, animal-drawn vehicle, bicycle or other opened or closed vehicle with two or
50 more wheel__s, pedicab or pedestrian cab.
'~ c~ty
S:\CA\Ordinances~Building~Revision 041204 - Taxicabs.doc
2
3 Operator .means any person owning, leasing o.r controlling a vehicle for hire. An operator
4 may or may not be a driver.
5
6 Public Vehicle means taxicabs, vans, limousines and non-motorized vehicles for the
7 transportation for hire of passengers where new fares begin within the City limits of Boynton
8 Beach.
9
· tho
13 Taxicab means a motor vehicle regularly engaged in the business of carrying
14 passengers for hire not operated on a fixed route, having seating accommodations for not
15 more than the number of passengers, including the driver, specified by the vehicles
16 manufacturer.
17
18 Vehicle for hire driver's identification badge (I.D. badge) shall mean a permit issued
19 by Palm Beach County, authorizing the holder thereof to utilize the vehicle for hire described
20 in said permit for the transportation of passengers as authorized pursuant to this article.
21
22 Waiting time means the time when a taxicab is not in motion from the time of
23 acceptance of a passenger or passengers to the time of discharge, but does not include any
24 time that the taxicab is not in motion if due to any cause other than the request, act or fault of
25 a passenger or passengers·
26
27 Sec. 24-2. EnfzrcementCompliance.
28
29 (a) The operation of a vehicle for hire within and upon the streets of the City shall be
30 subject to the conditions, restrictions, and regulations set forth in this Chapter. It
31 shall be unlawful to operate any vehicle for hire within and upon such streets
32 without first obtaining the appropriate Ci_ty occupational license for the operation
33 of a vehicle for hire. The provisions of this Chapter, however, shall not apply to
34 the following:
35
36 (1) Vehicles operated by a governmental agency;
37 (2) Vehicles tendering transportation services not for compensation;
38 (3) Vehicles owned and operated by hotels, motels, churches, private clubs
39 and organizations, or other such entities, which provide transportation
40 services for their guests/members only, for which the guest/member
41 does not incur a separate charge;
42 (4) Discharge within the regulatory_ purview of this Chapter of a passenger
43 picked up pursuant to legal authority in either another municipality or
44 another county;
45 (5) Operation of motor vehicles for the transportation of passengers, not
46 for compensation, between the vicinity of their residences and the
47 vicinity of their places of work, in an arrangement commonly known
48 as a "car pool" or "van pool",_and exclusive ride-sharing vehicles as
49 defined in F.S.§ 341.03I(9), as amended.:
50 (6) Motor vehicles used exclusively in transporting children to and from
5 ! sc .hool/daycare_.
~:\CA\Ordinances~Building~Revisi9n 041204 - Taxicabs.doc
1 (7) Motor vehicles whose pfimm-y business is transporting passengers to
2 and/or from airports located outside the City limits of Boynton Beach.
3 (8) Out-of-county origin exception. Nothing in this Chapter shall prohibit
4 discharge within the City of any passenger, lawfully picked up in
5 another county and lawfully transported into the City. Any passenger
6 lawfully picked up in another county, transported to, and discharged at
7 any location within the City, may be picked up at the discharge
8 location so long as the transportation is part of a prearranged, round-
9 trip fare (evidenced by written manifest or load ticket.) Additional
10 passengers may not be picked up at the discharge point unless a valid
11 City of Boynton Beach Occupational License is obtained. This
12 exemption is not applicable to scheduled discharge locations, such as
13 bus terminals.
14
15 Compliance with Palm Beach County Code of Ordinances, Chapter 19, as may be amended
16 from time to time is required in order to obtain an occupational license from the City and to
17 receive an annual renewal of the City's occupational license.
18
19 (b) Non-motorized vehicles:
20
21 (1) Non-motorized vehicles shall not be operated on any sidewalk;
22 (2) Animal waste generated by non-motorized vehicles shall be
23 immediately disposed of in a sealed container by the vehicle driver.
24 (3) Non-motorized vehicles shall comply with posted regulations for
25 stopping and standing. Non-motorized vehicles may not stop or stand
26 in on-street spaces rese~wed for bus or trolley stops;
27 (4) Non-motorized vehicles may use available public parking spaces for
28 stopping or standing but shall comply with posted fi.me requirements
29 and are subiect to ticketing for failure to comply with such
30 requirements:
31 (5) There shall be a passenger visible location provided in the vehicle for
32 the public vehicle's driver's Palm Beach County Identification to be
33 displayed.
34 (6) Non-motorized vehicles are limited to the City's Community
35 Redevelopment Area and shall not transgress streets other than those
36 permitted within the district.
37
38 (c) Compliance with state, federal safety laws:
39
40 (1) Every_ vehicle for hire company shall be responsible for ensuring that
41 each vehicle in its employ complies with applicable state and federal
42 laws, rules, regulations, and standards regarding motor vehicle safety
43 equipment and devices. Every vehicle for hire company shall cause
44 eve~ vehicle that it owns, leases or controls to be inspected at least
45 annually to ensure that each such vehicle complies with F.S..~ Ch. 316.
46 The vehicle for hire company shall maintain a permanent registry
47 containing information on the identity of each vehicle inspected, the
48 date of the inspection, the nature of any deficiencies or defects
49 discovered, .remedial action or service performed, and the name of the
50 inspector. All information so required shall be typewritten or printed
51 legibly.
S:\CA\OrdinancesXBuilding'~R~vision 041204 - Taxicabs.doc
1 (2) The city may require additional inspections of any vehicle for hire to
2 enforce the provisions of this section. Such inspections shall be
3 conducted by persons qualified to perform the inspection requested.
4 (3) A vehicle for hire which fails to meet the operating and safety
5 requirements of F.S. § 316 or other applicable law, rule, or regulation
6 shall not be operated for the transportation of passengers for hire until
7 the defect or deficiency has been rectified. In no case shall an unsafe
8 vehicle for hire be operated upon the streets, roads, and highways of
9 the city.
10 (4) All vehicle for hire drivers must display, in a conspicuous location
11 visible to passengers, their Palm Beach County issued driver's
12 identification card.
13
14 Sec. 24-3. Advertising:
15
16 (a) It shall be unlawful for any. vehicle for hire company to
17 advertise vehicle for hire services and/or transportation services without
18 obtaining and maintaining a current and valid vehicle for hire City of Boynton
19 Beach Occupational License, Palm Beach County business permit and Palm
20 Beach County vehicle decal (s) pursuant to the provisions of this article. Any
21 advertisements of any vehicle for hire business shall clearly and conspicuously
22 disclose the vehicle for hire Palm Beach County business permit number. The
23 permit number shall be preceded by "PBC".
24 (b) With the exception of limousines and executive sedans,
25 each vehicle for hire shall clearly display on the exterior of the driver and
26 passenger side of the vehicle, letters at least two (2) inches high and in
27 contrasting colors, the vehicle for hire company's name, telephone number
28 and Palm Beach County business permit number. The permit number shall be
29 preceded by "PBC".
30 (c) All taxicabs shall conspicuously advertise their meter rates
31 on the exterior of the vehicle and metered drop rate must match the advertised
32 rate.
37
42
43 Sec. 24-4. Prohibited conduct of public vehicle drivers.
45 (a.) It shall be unlawful for any driver of a public vehicle to:
46 (1) Violate any of the terms, provisions or directions of this Chapterl
47 (2) Fail to keep a written manifest of all trips, which record shall give
48 information as to the time of each tr}p, the startin~ and ending point of
49 each trip, together with the number of persons carried. The manifest
50 shall be available for the inspection by the Police Department of the
51 C!ty at a]l times and shall be kept available for a period of not less than
S:\C^\O~dinaucesVBuildingXRevisiou 041204 - Taxicabs.doc
1 one year_.
2 (3) Fail to report promptly all accidents to the Police Department.
3 (4) Fzdl to report to the Occupational License division of the City any
4 changes in driver status within five working days.
5 (5) Fail to give a receipt for fares when requested by passengers.
6 (6) Operate a vehicle for hire for more than 12 hours of any continuous
7 24-hour period.
8 (7) Operate any vehicle for hire while any article is on. upon or attached to
9 the running board, fender, hood or door thereof. All articles and
10 baggage or bicycles carried by vehicles under this Chapter shall be
11 wholly within such vehicle, except that transporting of
12 baggage/bicycles securely fastened in baggage/bicycle racks safely
13 attached to any licensed vehicles shall be a permissible practice.
14 (8) Leave unattended while parked, any animal used for an animal-drawn
15 vehicle for hire.
16
17
............ t-r ......... , ,,..~ ...... Vehlci for Hire
19 Occupational License
20
21 a An a cation r a .......... -~ v .............................. j ave c e
22 for hire occupational license shall be filed with the appropriate City.
23 department city council upon forms provided by the city; such application
24 shall be verified ureter-oath-and shall furnish the following information:
25
26 (1) x~.~,,,, ......., .~-,~ .~,,~'~ ."'~'~.~ ..... ~,o ,,.~: ,u~,~ apFlicm~t . The applicant's name and name
27 under which the applicant is providing the vehicle for hire service;
e
29 applicant's local business addressi
~ f
32 number, make, model, year of manufacture, and specific color scheme
33 of each vehicle for hire operated by the applicant.
.__u,...,, Tho vehicle identification number and license tag for each
35 -'~'t-
36 vehicle for hire operated by the applicant.
37 (5) Proof of ]iabi]iW insurance as required by this Chapter.
39 Co) Each applicant for a vehicle for hire occupational license shall employ only
4o those drivers who have been issued a vehicle for hire Palm Beach County
41 driver's identification badge pursuant to Chapter 19, Section 19-217, Palm
42 Beach County Code of OrdinanceS, as may be amended from time to time.
43 The applicant shall provide CoPies of each identification badge for each of the
44 applicant's drivers along with a current and valid chauffeur's driver's license to
45 the City upon receipt from Palm Beach County, within 7 working days of the
46 issuance of a City Occupational License or an occupational license application
47 renewal to the City's Occupational License Office. Any changes to driver's
48 status shall be reported to the City's Occupational License Office within ten
49 (10) working days of the status change.
50
51 (c) The City may deny or revoke an occupational license issued to an applicant for
S:\CA\OrdinancesXBuilding~Revision 041204 - Taxicabs.doc
1 vehicles for hire, if it is determined that the applicant has misrepresented,
2 omitted, or concealed a fact on the application, renewal application, or
3 replacement application. The applicant shall be given written notice of the
4 proposed action to be taken and shall have the opportunity to appeal the
5 revocation to the City Manager.
6
7 (d) An occupational license shall only be valid for the vehicle for hire person or
8 company to which the City issues the occupation license. The license is
9 transferable; however, any change in name or business structure, must meet all
10 requirements of this Chapter.
11
12 Sec. 24-68. Vehicle Safety and Operational Requirements.
13
14 Each applicant for a vehicle for hire occupational license shall comply with the
15 Vehicle safety requirements pursuant to Chapter 19, Sections 19-218 and 19-219, Palm
16 Beach County Code of Ordinances, as may be amended from time to time.
17 a ....... j ................................................. .~ ....
18 ,.,,,1.,1;r..., .,~,~ ; ~ ,,.-1 ...... 1+ .... .-1 +h~'.- +1-.,.~ ,~.,..,1;~,-.,.* .,r.
21 ,k .... 1.;~..-.+ ,T. ..... ~....,¢ .,.,,.,;.1, ~ ..... ..,. ,h...;.~,..1.. ,., ,,..,~.,,,..,.. .... o,-,~1~ ce cate
ti ,..~ ,., ,~...,,,.;t,.,.'l ~r ,k ........ ,;^. ~ ~;. ..... . ~p!- - ~, .,.~""'4 th,....~
26 me ...................... t~ ................ a Ica~on or renew
29
33
37
38
39
45 ~ 2'~ ~ t~..-,;r.~+. + ....
48 ,.4~k+ +~ + .... t:,~ [~,~A, 10c[0... ~, R '9'7
49
~,,-,/ ............. 1-' ............................... j ........... ~rO;'lglOg,g
S:\CA\Ordinances',Building~Revision 041204 - Taxicabs.doc
4
5
9
10 Sec. 24-78. Liability insurance required.
11
City ...... '
12 ~e shall not issue ~ occupation~ license ~T~ ~;~,~ ~ ~..k. ..... _,
13 ~ ...... ~.~, o~. ~ ~gg~e~ nor shall a vehicle for ~re business be ~tted to continued in
14 o~rafion unless there is in full force and effect a liability instance policy for each vehicle
15 au~ohzed in the mount of five hunted thous~d doll.s ($5~,~.00) combined single
16 li~t covehng bodily inju~ per person; bo~ly inju~ per accident; ~d prope~y dmage per
17 occ~ence. S~d liability insur~ce shall inure to the ~nefit of ~y person who sh~l
18 injured or who sh~l sust~n dmage to prope~y proximately caused by the negligence of a
19 holder, his se~ts, or agents. A copy of the liability ins~ce policy sh~l
20 sub~tted to ~e City's Occupation~ License Office at the time of application or ~new~ of
21 the c~t's ~cupational license, % the zffice zf *~e c:ty': .... e
22 a~2~gtrat~r ~d ins~ce sh~l ~ with a company au~ohzed to do business in ~e State of
24 o~ x
25
26
27 See. ~-~. Lieen~ f~ prerequisite to continuance of operation.
28
29 An in~vidu~, or comply sh~l not ~ pe~tted to operate a ve~cle for h~e
30 us ness w fl e o ............. ~ .......................... ~.. j ...............
31 ~ unless the ~n~vidu~ or comply t~ereef kag p~pays ~e ~nu~
32 occupationfl license f~ as provided in Chapter 13 of ~s Code for the fi~t to engage in the
33 vehicle for ~re t~icab business. Such ~cupafionfl license f~s sh~l be for ~e ~cense ye~
34 ~d shill be in M~tion to ~y o~er license fees or ch~ges established by pro~r au~ofity
35 ~d applicable to ~e holder of the vehicle or vehicles under his o~rafion ~d consol.
36 1958, ~ 27 E)
37
39
41
42 S~. ~-~. Driver to have chauffeurs license.
43
~ No~ ~rson sh~l not operate a t=xJcabvehicle for hire upon ~e s~eets of ~e ~ty
45 ~d ~ ~on who owns or con~ls a t=~cabve~cle for ~ sh~l not ~t ~e ve~cle
46 for ~re to ~ :~ ~ven wi~n ~e CiW, ~d ~ t=~]cabvehicle for ~e, ~censed by ~e city~
47 sh~l not ~ ~ven at ~y ~me for hi~, unless ~e ~ver of ~e ~cabve~cle for ~e
48 ~bt~ns~ ~d hol~ =~ :?~I have t~en ~= ferce a cu~nt ~d v$id chauffe~'s
49 ~cense issued by ~e State of ~ofi~. ~1 ~ver's licenses for ~1 ~ve~ of ve~cles for
50 sh~ ~ subdued by ~e applic~t to ~e City's Occupa~on~ ~cense ~ O~ce a~
51 ~e ~me ~e in~vidu~ or business applies for or ~news theft ~cupation~ ~cense, ~d
S:~A~~n~e~sion ~12~ - T~bs.d~
1 throughout the year. All City Occupational License applicants shall supply copies of the Palm
2 Beach County issued Driver's Identification Badge, satisfying the requirements pursuant to
3 Chapter 19, Sections 19-221, Palm Beach County Code of Ordinances, as may be amended
4 from time to time. rr,~a~ ~ c}<~ § o~ m
5
7
I1
15 CO~,V~, ~,qC~ ............. j ..... V ..... H .... , ............ ~g
~6
17
18
20
21
23
27
28 e~ oa ~ ~ ......
31
35
38
39 c~ o~ !7 A ....., ....~ ......
42
45
~1 p ............ ~ ~r ......o ....... r
S:XCAX~n~c~l~g~e~siou ~12~ - T~bs,d~
2 within a ..................... : ............ ~ ....r'~r ...... r ...... ~ ............~ ........
3
of
6
8
22 guspended or ..... u~a r~a~ ~nc~ ~ o7 ~ ~x
23
30 ~ n
31
36
37
38 S~. ~-1022. Duty to ~ve ~eeip~.
39
40 The ~ver of ~y t~!:a~ve~cle for
41 passengeh ~rovide to suckle p~senger a receipt for the mount ch~ged, either by a
42 m~h~ic~ly printed ~eipt or by a s~ci~ly prep~ r~eipt on w~ch sh~l ~ the nme of
43 the owner, ~Cupafion~ license n~r~ cr motor n=m~er, mo~t of meter rea~n~or tot~
~ ch~ges~ ~d date of ~saction. r~.~ -~,~ n~ ~
45
46 S~. 24-11~. Refus~ of passenger to pay; intent to defraud.
47
4S It sh~l be u~aw~l for ~y ~mon to re~se to pay ~e leg~ f~ of ~y of ~e ve~cles ~or
49 hire mentioned in ~s chapter ~ter having hir~ ~e sine, ~d it sh~l ~ u~aw~l for ~y
50 ~mon to hke ~y ve~cle he.in defined wi~ intent to de~aud ~e ~mon from whom it is
51 Mr~ of the v~ue of such se~ice. (C~~~ ..~, ~ nco
SACAX~n~c~l~g~e~sion ~12~ - T~mbs.d~
1
2 Sec. 24-1234. Manifests required.
3
4 Every driver of a vehicle for hire shall maintain a daily manifest upon which are recorded
5 all trips made each day, showing time and place of origin and destination of each trip and
6 amount of fare, and all such completed manifests shall be returned to the owner of the vehicle
7 for hire by the driver at the conclusion of the driver's workday.
...... /. The forms
8 for each manifest shall be furnished to the driver by the owner of the vehicle for hire. and
9 shall be of" ~ .... '~- approved by a.~ ~;, ........
................. v ......... Every holder of an occupational license
10 ....-.n....~ ~.c ..,a.. ........ ; ......'~ necessity shall retain and preserve all driver's manifests
pi ...... " .... ,4..,...u ....... . ,..a~.4 ....... and
11 in a safe ace for at least one the-calendar year: -'~"' v .......,:, .................... v.-,~,
12 such manifests shall be available to the eCity upon request, rr-~a~x._....... 1958, § ,~°'~, 20)
13
23
26 mfimner ~qnoy ~.v v ...................................... J v ....... ,
28
de
35
36 S~ 24 28. e~,;~:,: ........ ·
............. ~ .......... cromer passengers.
dryer ~ - ~
40
47
S:\CA\Ordinances~BuildingXRevision 041204 - Taxicabs.doc
1
2
3 Sec. 24-1220. Number of passengers.
4
5 NoA driver of a vehicle for hire shall not permit more persons to be carded in the vehicle
6 for hire,a t-~xicab as passengers, than the rated seating capacity of the vehicle for hire.
8
12 ~nco § o'7 17)
13
20
25
29
30
~1 Sechon 3. Each ~d eve~ o~er provision of the ~d Development Re~lafions
32 not he~in specific~ly mended, sh~l rem~n in ~11 force ~d eff~t as ofi~n~ly adopted.
33 Section 4. M1 laws ~d or~n~ces appl~ng to the City of Boston Beach in
34 conffict with ~y provisions of ~is or~n~ce ~e hereby re~ed.
35 Section 5. Should ~y section or provision of t~s Or~n~ce or ~y
36 ~ereof be d~l~ed by a coua of com~tent jms~cfion to ~ inv~d, such d~ision sh~l not
37 ~fect the reminder of t~s Ordin~ce.
38 Section 6. Au~od~ is hereby ~ven to c~ t~s ~n~ce.
39 Section 7. ~is Or~n~ce sh~l ~come effective i~e~ately.
40 mst ~~G mis ~o ~y of ~ Dc; I ,2~.
!
41
S:\CA\OrdinancesXBuilding~Revision 041204 - Taxicabs.doc
1 SECOND, FINAL READING AND PASSAGE this day of
2 _ ,2004.
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6 Mayor
7
8
9 Vice Mayor
10
11
12 Commissioner
13
14
15 Commissioner
16
17
18 Commissioner
19 ATTEST:
20
21
22 City Clerk
23
24
S:\CA\Ordinances'~Building'~Revision 041204 - Taxicabs.doc
,~ XII. - LEGAL
ITEM
A.3
CITY OF BOYNTON
AGENDA ITEM REQUES I
Requested City Corrnnission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to CiW Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon)
_£_~ April 20, 201M April 5, 2004 (Noon). [] June l5, 2004 May 31, 201M (Noon)
May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon)
[] MaylS, 2004 May 3, 2004 (Noon) [] July20,2004 JulyS, 2004(Noon)
[] Administrative [] Legal
NACRE OF [] o ncem nt [] New Business
AGENDA ITEM [] city Manager's RePort [] Presentation
[] Consent Agenda [] Public Hearing ·
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Motion to approve Solid Waste Ordinance Revisions - Chapter 10 - Garbage, Trash and
Offensive Conditions
EXPLANATIoN:i The Public Works staff along with Code Compliance have revised ordinance provisions related to
garbage and trash within the City of Boynton Beach. This was done for two primary reasons:
1. For the last two years, auditors have found that the expenses for Solid Waste services have nearly exce ,eded
revenues. Therefore; in addition to'previouS Operation cost cuts, it is neceSSary' to evaluate sources of
enhanced revenue. ·Staff is recommending increase· t,o multi-family and commercial collection rates.
2. Staff has found many outdated provisions within, the Solid Waste Code that make it extremely diffic~t for
Code Compliance staff to enforce a number ofpr6viSiOnS throughout the~community. Specifically, staff has
evaluated the time frame in .which bulk trash can be placed at the curb in response to homeowner's concerns
aboUt the aesthetic conditiOns throughout the City. ·
pROGRAM IMPACT: See attached Exhibit A (memorandum//04-052)
FISCAL IMPACT: See attached Exhibit A (memorandum #04-052) ~
ALTERNATIVES: Elect not to approve the changes· and continue to work within the current Code. Direct staff to
evaluate POtential CUts to maintain 'a balanced S°lid Waste FUnd. ~
{/ 'D~Yan~t Hed~ Signature
Department Nan~ City Attorney / Finance / Human Resources
S:~BULLETIN~ORMS~StGENDA ITEM REQUEST FORMX)OC
1 ORDINANCE NO. 04 -
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA AMENDING CHAPTER 10.
5 GARBAGE, TRASH AND OFFENSIVE CONDITIONS,
6 PROVIDING FOR RATE MODIFICATION AND
7 CLARIFICATION OF LANGUAGE; PROVIDING FOR
8 CONFLICTS, SEVERABILITY, CODIFICATION AND
9 AN EFFECTIVE DATE.
10
11 WHEREAS, over the past several months staff has met and reviewed the Code for
12 the purpose of revising provisions related to garbage and trash within the City of Boynton
13 Beach; and
14 WHEREAS, it has been determined that over the past two years, the Solid Waste
15 fund balance, has exceeded revenues received for the services provided; and
16 WHEREAS, staff has looked at all options available to evaluate sources of enhanced
17 revenue, as well as identifying outdated provisions within the Solid Waste Code that make it
18 extremely difficult for Code Compliance staff to enforce a number of provisions throughout
19 the community; and
20 WHEREAS, the City Commission has determined, upon recommendation of staff,
21 that Chapter 10 Garbage, Trash and Offensive Conditions be amended to provide for a rate
22 modification, as well as by deletion of outdated material and clarification of sections of the
23 Code, which will enhance the efforts of all City departments to work together.
24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. Each Whereas clause set forth above is tree and correct and
27 ~ncorporated herein by this reference.
28 Section 2. That Chapter 10 Garbage, Trash and Offensive Conditions is hereby
29 amended by adding the words and figures in underlined type, and by deleting the words and
30 figures in struck-through type, as set forth in Composite Exhibit "A" attached hereto and
31 made a part hereof.
32 Section 3. Each and every other provision of Chapter 10, not herein specifically
33 amended shall remain in full force and effect as previously enacted.
34 Section 4. All ordinances or parts of ordinances in conflict herewith be and the
S:\CA\OrdinancesXdraft ordinance,Chapter 10 ~ Garbage, Trash and Offensive Conditions.doc 1
1 same are hereby repealed.
2 Section 5. -Should any section or provision of this ordinance or portion hereof,
3 any paragraph, sentence or word be declared by a court of competent jurisdiction to be
4 invalid, such decision shall not affect the remainder of this ordinance.
5 Section 6. Authority is hereby granted to codify said ordinance.
6 Section 7. This ordinance shall become effective during the first full billing cycle
7 after the adoption of the Ordinance on Second Reading.
8 FIRST READING this ~ day of April, 2004.
9 SECOND, FINAL READING AND PASSAGE this day of
lO ,2004.
12 CITY OF BOYNTON BEACH, FLORIDA
13
14
15 Mayor
16
17
18 Vice Mayor
19
20
21 Commissioner
22
23
24 ATTEST: Commissioner
25
26
27 City Clerk Commissioner
28
29 (CORPORATE SEAL)
30
31
32
S:\CA\Ordinances~lmft ordinance\Chapter 10- Garbage, Trash and Offensive Conditions.doc 2
1 COMPOSITE EXHIBIT "A"
3 Chapter 10
4
5
6 GARBAGE, TRASH AND OFFENSIVE CONDITIONS*
7
8
9 Art. I. In General, §§ 10-1--10-21
10
11 Art. 1I. Refuse, Garbage and Trash, §§ 10-22--10-49
12
13 Art. m. Abandoned Property, §§ 10-50 10-54
14
15 Art. IV. Reserved, §§ 10-55--10-61
16
17 *Cross references- e~_;,~,;~ Solid Waste placed within ~
.............. e .......... Department of
18 public Public wc.r!csWorks,
19 § 2-2; removal of dead animals, §§ 4-10, 4-11; nuisances arising from keeping of animals, §
20 4-13; open burning, § 9-3; stench bombs and other offensive matter, § 15-11; litter, § 15-26
21 et seq.; disposal of refuse and trash on beaches and in parks, § 16-49.
22
23
24
25 ARTICLE I. IN GENERAL
26
27
28
29 Sec. 10-1. Reserved.
3o
31 Editor's note-Section 2 of Ord. No. 88-39, adopted Sept. 7, 1988, repealed former § 10-1,
32 which pertained to penalties and derived from Code 1958, § 13-42.
33
34
35
36 Sec. 10-2. Lands to be kept free from trash or ~th.
37
38 The owners of lands within the city-City shall keep the sameland and one-half of any
39 abutting street, alley or easement free from any accumulation of trash or filth, broken tree
40 limbs or branches, uncontained garbage or refuse, any containers or materials which could
41 hold or conceal pools of water, and heavy dense or dank growth of weeds, grass, underbrush,
42 palmettos, Florida holly trees, or Other uncultivated vegetation, or other dead or living plant
43 life, which might constitute a fire hazard, serve as a breeding place for or harbor insects,
44 rodents, wild animals, snakes or other pests or vermin, or-give off an offensive odor, or which
45 otherwise is considered to be a hazard to the health and safety of individuals residing or
46 working on neighboring property and the general public, {-whic-~which, shall in each
S:\CA\Ordinances~kaft ordinance\Chaptor 10- Garbage, Trash and Offensive Conditions.doc 3
I constitute a nuisance when any parts or accumulation of growth are located within fifty (50)
2 feet of the boundary of any developed or maintained adjacent property located in the
3 corporate limits of the City of Boynton Beach. Lq the event acc'am'a!afien .,. o, .... h
..... It is
6 further found and declared that said accumulation and growth are detrimental to the economic
7 welfare of the adjacent property, and injurious to the public safety, health and welfare of the
8 City of Boynton Beach and its inhabitants. Said nuisances also adversely affect economic
9 growth, stability and prosperity of said city and its inhabitants. It is further found and
10 declared that dense, undergrowth, weeds and vegetation either cultivated or uncultivated that
11 are allowed to grow so as to impede and obstruct the normal view of intersections, railroad
12 crossings or traffic signs from streets, roads and highways are traffic hazards and are hereby
13 declared to be a nuisance. (Code 1958, §§ 13-15, 13-18, 13-27; Ord. No. 80-27, § 1, 7-15-80;
14 Ord. No. 82-28, § 1, 9-21-82)
15
16
17
18 Sec. 10-3.Lands to be kept free from matter occasioning
19 hurricane hazards.
2O
21 All lands in the c-i-t-y-City shall be kept free from debris, vegetation (including trees) or
22 any other matter, which by reason of height, proximity to neighboring structures, physical
23 condition, or other peculiar characteristics, might, in time of hurricane winds, cause damage
24 to life or property within the immediate area surrounding the same. The existence of any
25 debris, vegetation or other matter as shall create such a hazard is hereby declared to be a
26 nuisance. (Code 1958, § 13-17)
27
28
29
3o Sec. 10-4. Inspection of lands to determine violation.
31
32 The c4ty-City mmmger-Manager or ~'~s the designated representative shall, as often as
33 may be necessary, inspect lands within the c4ty-Ciw to determine if violation of this chapter
34 exists. (Ord. No. 89-47, § 1, 12-5-89)
35
36
37
38 Sec. 10-5. Notice of violation required.
39
4o If the c4ty-City mmmgc~Manager or 5./s the.designated representative s?2l determines
41 that a public nuisance exists, in accordance with the standards set forth in these sections on
42 any lot, tract, parcel, or other real property, within the c-ityCity, whether improved or
43 unimproved,/~the City Manager, or the designated representative, shall fo:~&'::it~ notify the
44 owner of the property~ as the ownership appears upon the last complete records of the county
45 tax assessor. The notice shall be given in writing by first class mail, postage prepaid, which
46 shall be effective and complete when properly addressed as set forth above and deposited in
S:\CA\Ordinances~h'aft ordin~nce~Chaptei 10 - Gaxbage, Trash and Offellsi'~¢ Collditions.do~ 4
1 the United States mail with postage prepaid, and shall be considered sufficient notice. In case
2 of multiple or joint ownership, service as herein provided on any one (1) owner shall be
3 sufficient. The personal hand delivery by the c4ty-City mmmger-Manager or .'-.is the designated
4 representative in lieu of mailing shall be equivalent to mailing. In the event that the mailed
5 notice is returned by the postal authorities, the city-City ~Manager or his tl]e
6 designated representative shall cause a copy of the notice to be r,e-vvedhand delivered upon the
7 occupant of the property~ or upon any agent of the owner thereof. In the event that personal
8 service upon the occupant of the property or upon any agent of the owner thereof cannot be
9 performed after reasonable search, the notice shall be given by a physical posting of the
10 notice on the subject property. (Ord. No. 89-47, § 2, 12-5-89)
11
12
13
14 Sec. 10-6. Content and form of notice.
15
16 (a) The Notice provided for in section 10-5 shall notify the owner of the land of the
17 following:
18
19 (1) That Iit has been determined that a public nuisance exists on l-.isth___e_e land,
20 and what constitutes that nuisance.
21
22 (2) That ZlCthe owner of the land shall have a maximum of no more than ten
25 from the date of receipt of the notice to remove the condition causing the
26 nuisance on the land.
27
28 (3) That tif the conditions are not corrected or removed, the city-City shall
29 have them conditions corrected or removed at the expense of the owner,
30 including, but not limited to all administrative and inspection costs, of
32
33 (4) That ~the ownerl~s) have no more than am. ax:_.-~um cf ten (10) days _
36 date of maili~greceipt, or delivery, or posting of the notice to bring the
37 property into conformance with the City's Code of Ordinances, to file a
38 written ~appeal towith the c4ty-City ~Manager or designee
39 for a hearing before a three-person appeal panel, boardThe three-person
4o appeal panel ;;'.'-.ich shall be composed of the c-it-y-City mamagevManager,
41 the dir-eotor-Director of Fub~c Public ;;'erY. g;;'Works, and the c-ode-Code
42 ~ompliance a~x'2:'2g*--aterAdministrator, or their designees_.
43 The, which hearing regarding the owner's appeal shall be held within
44 five (405_) days of the date the petition is received by the c4t-y-Ci _ty
45 ~Manager.
46
S:\CA\Ordinances~lraft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 5
1 (5) That the written appeal shall address the following issues:
2
3 (a) Whether the conditions do in fact exist;
4 (b) Why the City should not abate the conditions on the property, c4t~_ at
5 the expense of the owner, and
6 (c) The time limits for the abatement.
7
8 ~-,~,,~ That the source of the condition shall not be a defense against the
9 requirement that the condition shall be abated by the owner.
10
11 (-6-)(7) That ti_f, after a hearing~ the board determines that the conditions which
12 exist on the property constitute a public nuisance, the board may grant the
13 owner of the property such ~additional time maximcm of
14 ...... t,?,~ ,~ ......... .,**~'n~ ......... . ~ ..k ,~.. v as the board should deem as
15 appropriate to correct or remove the conditions after which the ~y-City
16 shall have the right to have the conditions abated at the expense of the
17 property owner. If the owner does hag not requestc~t a hearing within the
18 designated time allottedt~a-4-1-0~-daS~, the c4t-y-City shall have the right to
19 have the objectionable condition corrected or removed at the expense of
the owner. If the e-R-y-City has the condition abated and payment is not
20
21 received within thirty (30) days after the mailing of a notice of assessment
22 for the cost of the work together with all costs of inspection and
23 administration, the c~_ity shall have a lien placed against the property for
24 the cost of the work, including inspection and administration costs, plus
25 interest at the rate of eight percent (87_~ per annum, ~ plus
26 reasonable attorney's fees, and other costs of collecting the sums, without
27 further hearing by the board or commission.
28
30
31
32
33 NOTICE OF PL~LIC ..~rISANCE
34
35
36
37
38 TO:
39
40 ^ r~r~o~e e.
41
42
44
45
S:\CA\Ordinancesklrafl o~dinance\Chapter 10- Garbage, Trash and Offensive Conditions.doc 6
1
4 , 19 , dete~2ned *~at .... ; .......;~*
7
9
V
10
1
1
16
~1~1 ~J~ ~1 ~IIW ~ ~ll~ ~1~1~11 1~ 1~1 ' ~ ~J 'll~ ~l~J
22
27
36
40
41 ~V ~ D~~KT D~ A DH
42
43 BY:
45 (Ord. No. 8947, ~ 3, 12-5-89; Ord. No. 02-033, ~ 1, 8-20-02)
46
SACAX~~ ~d~ceX~pWr 10 - ~bage, T~h ~d Off~ive Con&fi~.d~ 7
1
2 Sec. 10-7. Hearing.
3
4 (a) The owner of the property shall have the right; to file a written petition With the
5 City Manager for a heating no later than within a max/mum ef ten (10) days
? ,~,,~ o:,.. ~ ........,~.~ .~o; .... ~ ........'"';"~ from the date of the notice of
8 public nuisance provided for in this cha er_. *o .............. t. ....................
-~-_~ ...... ~, ........ 6 .....a The hearing shall be held before a three-person board
10 composed of the c-iOpCity manag~Manager, the ~Director of puS!ic Public
w .... Works/Engineer and the c-ode~-Code ~ompliance
12 ad ............ Admimstrator, or their designees_, wh/ch The heating shall be held
13 no later than
¥ ...... n ten (10) days after the City Manager receives the pefifion.o~
15
16 (b) The issues to be determined at the hearing are whether the conditions do in fact
17 exist: and why the conditions should not be abated by the eity-City at the expense
18 of the owner, and the time limits for the abatement. The source of the condition
19 shall not be a defense against the requirement that the condition shall be abated by
20 the owner. (Ord. No. 89-47, § 4, 12-5-89; Ord. No. 02-033, § 1, 8-20-02)
21
22
23 Sec. 10-8.Abatement by e_City; notice of estimated cost.
24
25 (a) If: after a heating, as provided for in section 10-7, the board determines that the
26 conditions which exist on the property constitute a public nuisance, the owner of
the property shall have
28 suc~addiitonal time as the board should deem as appropriate to remove or correct
29 the conditions, after which the c-C_ity, *~'..~..~e~.~' a,,~_.,. ~-~J~"' ~.~.,..~o~,.....--'~:":~'"-': .... ~. agents or
30 .~..,..~,,.~ ~,:~.~ ~.., a.~ ~;,., ~.~:~:~.~..:^~ shall have the right to have the
31 conditions abated at the expense of the property owner. If the owner has not
32 requested a heating ';::.thin seven ~, ~ ~,v
34 ~,~..~-~,~"'~'~';~;~*""';~'-~.~.~... shall have the right to have the objectionable condition corrected
35 or removed at the expense of the owner, ff the c4ty-City has the condition abated
36 and payment is not received within thirty (30) days after the mailing of a notice of
37 assessment for the work together with all costs of inspection and administration,
38 the c-R-y42ity shall assess the costs Save - u~ ..~.~.~.~ ..~:_~, ,~. ......-,.. c^..
39 cost of the work, against the property as provided in this Chapter, including
40 inspection and administration costs, plus interest at the rate of eight percent (87.~.)
41 per annum~, plus reasonable attorney's fees, and other costs of collecting
43
(b) pPri bei g b3 ^. ~. ,,. ........
44 e .....t-n ~ .... or to the condition n corrected ', ............. ,
45 the c-C_ity, notice shall be delivered or sent by first class mail, postage prepaid, to
46 the owner -qppHzlngnotifying the owner of the estimated cost of abating em~ttthe
S:\CA\Ordlna.c~sXdrafl o[dinance~Chapter 10- Garbage, Trash and Offensive Conditions.doc 8
1 condition. ................ '~ *~' ...... . ,u~ ..., r-,;,., .~.~;.;o.~. ..... *~pl eo~ ay ng
~.~: ~_~ .......................... at h i the
9 ";~'~*; ....~*~;~ ~*~' (Ord. No. 89-47, ~ 5, 12-5-89)
10
11
13
22
32 oox
33
34
36
40
41
42 Sec. 10 11R.Ass~sment of cos~, interest, and attorney's
43 f~s; lien.
45 As s~n as possible ~ter ~e abatement~ .. t~es~ place, ~~e ~ity
46 ~M~ager shall repo~ to ~e City co-~oAon ~o~ssion ~e cost of the abatement,
SACAX~dinanc~ ~ceX~p~ 10 - ~ge, T~h ~d Offe~ve Con~fi~.d~ 9
1 including the costs of inspection and administration. Thereafter, the ccmm/ss';en City
2 Commission shall, by resolution~ assess the costs against the subject parcel. This resolution
3 shall describe the property assessed, show the costs of the abatement, including costs of
4 inspection and administration, and indicate that the assessment shall bear interest at the rate
5 of eight percent (8~_~_) ~ per annum plus, if collection proceedings are necessary, that the [
6 property owner would be required to pay the cost of the proceedings including a reasonable
7 attorney's fee. This resolution shall become effective thirty (30) days from the date of
8 adoption, and the assessment contained therein shall become due and payable thirty (30) days
9 after the mailing date of the notice of the assessment. In the event that payment has not been
10 received within thirty (30) days after the mailing date of the notice of assessment, the city
11 City c-todr~lerk shall record a certified copy of the resolution in the public records of Palm
12 Beach County, the-eoumyr, and upon the date and time of recording the certified copy of the
13 resolution, a lien shall become effective on the subject property which shall secure the cost of
14 abatement, including costs of inspection and administration, and collection costs including a
15 reasonable attorney's fee. At the time the c-it-y-City c4er-h-Clerk sends the certified copy of the
16 resolution for recording, the Clerk shall also notify the property owner that the City is
17 recording a certified copy of the resolution in the public records of Palm Beach County.a
19
20
21 lNTt-~q"~T/ml~ t~l~ I
22
23
24
25
26 TO:
27
28 A~DDP~.ESS:
29
30
36.....,..;"~'~', ----, ,,.~.~e^.~~,...~.,..~, pu~uant to ,...~ ........... ,~ ............ a llen has ......... d.~ r. nst
"* in
43
45
46 BY:
S:\CA\Ordin~nces~lraft ord~nance~Chapter 10 - Garbage, Trash and Offensive Conditions.doc 10
2 (Ord. No. 89-47, § 8, 12-5-89)
3
4
5 Sec. 10=1210. Enforcement of assessment.
6
7 The c4ty-City may enforce the assessment by either an action at law or foreclosure of
8 the lien provided in section 10-11, which shall be foreclosed in the same manner as
9 mortgages are foreclosed under state law. In either type of action, the city shall be entitled to
10 interest at the rate of eight percent (87~_) per annum pemem-from the date of assessment, in
11 addition to collection costs, and reasonable attorney's fees.
12 (Ord. No. 89-47, § 9, 12-5-89)
13
14
15 Secs. 10~!311__~10-21. Reserved.
16
17
18
19 ARTICLE 1I. REFUSE, GARBAGE AND TRASH*
20
21 *Editor's note-Ord. No. 82-29, § 1, enacted Sept. 21, 1982, repealed former Art. 1I, §§ 10-
22 22--10-39, relative to refuse, garbage and trash, and enacted in lieu thereof a new Art. II,
23 pertaining to the same subject matter. Former Art. II was derived from Code 1958, §§ 13-2--
24 13-6, 13-9, 13-11, 13-13, 13-33--13-41, and Ord. No. 80-20, § 1, adopted June 3, 1980.
25
26
27 Sec. 10-22.City to collect and dispose of garbage;
28 supervision; regulatory authority.
29
30 All refuse, garbage~ ami-some-trash of all types, and 5c~ic'altur~ refusevegetative
31 trash, recycling, construction and demolition material accumulated in the cRy-City shall be
32 exclusively collected, conveyed and disposed of by the c-Ry-City under the supervision of the
33 ~..:.~; ...... t-~ · - -
v ..... ~ectcrD~rector of Pubhc Works. The --,.~'~ ...... u~ ~rectc. r Director of Public
34 Works shall have authority to make administrative regulations concerning the days of
35 collection, type and location of waste containers and such other matters pertaining to the
36 collection, conveyance and disposal not otherwise set by the c-kty-City,~.,
37 Commission or the oit-y42ity ~Manager as he shall find necessary, and to change and
38 modify the same after notice as required by law, provided that such regulations are not
39 contrary to the provisions hereof.
40 (Ord. No. 82-29, § 1, 9-21-82)
41
42
43 Sec. 10-23. Definitions.
44
45 For the purpose of this article, the following words and terms are defined as follows:
46
S:\CA\Olndinances~lraft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 11
1 Additional pickup means a collection of garbage, combustible trash, noncombustible
2 trash~ or yard vegetative trash, or bulk trash required due to the inappropriate
3 container, lack of containerization and/or size or type of material placed out for
4 pickup. Service charges shall be assessed against the customer for additional pickups.
5
6 Commercial means any public or private places, building and/or enterprise or of
7 business devoted in whole or in part to a business enterprise, whether nonprofit or
8 profit-making in nature, including, but not limited to hotels, motels, restaurants,
9 offices, industries, stores, markets, theaters, hospitals and other institutions Ioc-~3ons
10 which hold themselves out to the public as places of business, services or
11 accommodations.
12
13 Containers or receptacles/Single.~'~-:~"/e; ~.,,.,. r, ~'"',s"- .... ~.. ~c,~,,,~ .... ;t~,.,..
14
15 (1) "Noncontainerized" means the use of a ............ .,~.~.a ,u,-~.,a ,u.~ .... ~---~,t'~ gal!on or !ess
19 into a s"~itat/on vekicle "roll-out cart" provided by the City for the use of garbage
20 collection purposes. The cart as defined will be of a special design and
21 construction as to allow for the mechanical or automation of collection of garbage.
22
23 (2) "Containerized" or "Dumpster" means a detachable metal container provided by
24 the city designed and intended to be mechanically dumped into a packer-type
25 s-~2tation Solid Waste vehicle and varying in size from two (2) cubic yards to
26 eight (8) cubic yards adaptable to city-City equipment. This type receptacle is
27 normally associated with collection service for Commercial or Mulfifamily
28 developments.
29
30 (3) "Containerized or Dumpster with wheels" are containers supplied by the
31 occupants, business, or institution who choose to use them inside buildings and
32 roll them to the designated outside location for pickup. This _type receptacle is
33 normally associated with multifamily or commercial developments.
34
35 (4) "Compactor" is a mechanical device to accept garbage, trash, and other types of
36 materials, mechanically press or compact the material into a more dense form, and
37 to be serviced by City tracks designed for such operations. The compactor shall be
38 the property_ of the business, institution, or customer, and shall not be owned,
39 maintained, or repaired by the City. The City shall service the compactor to the
40 extent of collecting and disposal of the material, and will not be responsible for
41 the mechanical operation, repair, energy to operate, or longevity of the device. The
42 customer shall be responsible for consulting with the City prior to purchasing a
43 compactor to assure the compactor and the City tracks used to service the
44 compactor are compatible. Failure on the part of the customer to conduct such
45 coordination shall not waive the requirement that the compactor is to be serviced
46 by City equipment. The City will bear no responsibili _ty for modifying either the
S:\CA\Ordinances~Lraft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 12
1 compactor, or its equipment to offer the necessary service. This type receptacle
2 can be associated with commercial, mobile home parks, or institutional type of
3 customers.
4
5 (5) "Roll-out garbage carts" are specialized garbage carts provided exclusively by the
6 City as a part of the residential garbage collection service. The carts are of a
7 design that would allow the City to mechanically collect the garbage, or to
8 automate the garbage collection process.
9
10 (6) "Roll-off containers" are various sized metal containers specially designed for the
11 collection of noncombustible trash, construction, demolition, cleaning,
12 renovation, industrial or garbage wastes, normally associated with construction
13 projects or special events. The containers are provided by the City upon request
14 and qualification of the customer, and shall be serviced by the City exclusively on
15 an as needed basis.
16
19
2o Dispose means to deliver to approved landfill or transfer station or other approved
21 disposal method.
22
23 Director of Public Works means the Director of Public Works and/or the duly
24 authorized agent.
25
26 Recycling means any process by which solid waste, or materials which would
27 otherwise become solid waste, are collected, separated, or processed and reused or
28 returned to use in the form of raw materials or products.
29
30 Refuse shall mean any or all of the following: garbage, combustible trash,
31 noncombustible trash, ~nd yard vegetative trash, contaminated yard trash, bulk trash,
32 construction and demolition material, hazardous, industrial waste, infectious waste,
33 and recycling material. Such items are hereby further defined as follows:
34
35 (1) "Garbage:" Every accumulation of animal, fruit, or vegetable matter that attends
36 the preparation, use, cooking and dealing in or storage of meats, fish, fowl, fruit or
37 vegetables, and any other matter, of any nature which is subject to decay,
38 putrefaction and generation of noxious or offensive gases or odors, or which,
39 during or after decay may serve as a breeding or feeding material for flies or other
40 germ carrying insects; and any bottles, cans or other containers, except recyclable
41 containers, which due to their ability to retain water, may serve as a breeding
42 place for .mosquitoes or other insects. Garbage shall not include human solid
43 waste. Garbage is collected from each residential unit in the City twice a week,
44 and from each commercial establishment as requested by the customer or as
45 required by the Director of Public Works when public safety or appearance is
46 jeopardized.
S:'~CA\Ordinancesklraft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 13
1
2 (2) "Combustible trash:" Accumulations of paper, rags or wooden or paper boxes,
3 sweepings, small appliances, furniture, toys, and other accumulations of a nature
4 other than garbage which are usual to housekeeping and the operation of stores,
5 offices, and other business places up to an accumulation of one cubic yard.
6 Accumulations of greater than one cubic yard of this material will be considered
7 as bulk trash. Combustible trash shall be collected on scheduled pickup days once
8 a week at all residential units throughout the City.
9
10 (3) "Non-combustible trash:" Materials that are not burnable at ordinary incineration
11 temperatures, such as metals, mineral matter, metal furniture and auto bodies and
12 parts, dirt, bricks, paving and other types of building or demolition materials. The
13 City shall not collect non-combustible trash on a scheduled, routine basis.
14
15 (4) "Yard trash:" Shall mean vegetative matter resulting from gardening, 1 ...... ri. Jg
16 ~;~, ........ ~ ~..~ ~,.4 ....... *:^~° including accumulation of lawn, grass,
17 shrubbery cuttings, dry leaf rakings, palm fronds, small tree branches not to
18 exceed four (4) inches in diameter or four (4) feet in length. Accumulations of
19 subject material up to two cubic yards shall be considered as "yard trash".
20 Accumulations in excess of two cubic yards or the material, or shall be considered
21 as bulk trash. Yard trash shall be collected on scheduled pickup days. once a week
22 at all residential units throughout the City. All yard trash generated by privately
23 contracted yard services shall be considered as commercial material and shall be
24 disposed of by the private contractor responsible for generation of the material.
25
26 (5) "Contaminated yard waste:" Shall mean any yard and garden waste pile
27 containing material other than containerized grass or leaves, shrubbery cuttings, or
28 vegetative matter of any type incidental to the care of residential lawns and
29 gardens, including limbs and branches less than four (4) inches in diameter or four
30 (4) feet in length.
31
32 (6) "Bulk trash:" Shall mean large objects and items, however not necessarily limited
33 to the following: washers, dryers, furniture (including mattresses and springs),
34 rugs, cabinets, wooden boxes, and other types of household items of size and
35 volume less than two cubic yards. Bulk trash Shall also include owner generated
36 construction debris less than one (1) cubic yard. Also included shall be trees, tree
37 stumps, and tree limbs less than four (4) inches in diameter and less than four (4)
38 feet in length except for palm fronds, and the accumulation of such yard waste
39 type material h~sin excess of ~han two cubic yards.
40
41 (7) "Construction and demolition material:" Commonly referred to as C&D debris,
42 shall be any byproduct material from either the construction or demolition or
43 remodeling, or repair of any type building, structure, or roadway, or driveway
44 materials. Material would commonly contain, but not be limited to, sand, building
45 materials, rubble, stone, brick, earthwork, paving materials, concrete, blocks,
46 wood, roofing materials or all types, metal, piping, asphalt, dirt, rocks, HVAC
S:\CA\OrdinnnceS'~'ft ordinnnce\Chapt~l' 10 - Garbage, Trash and Offensive Conditions.doc 14
1 ducting, heating and air conditioning equipment, plumbing fixtures and the like.
2 This material will not be collected routinely by the City. The customer should
3 contact the Director of Public Works to schedule the removal, or arrange for a
4 roll-off container to be provided but the City. The cost of this service will be in
5 accordance with the type of materials and the cost of associated disposal.
6
7 (8) "Hazardous material:" Shall be any type material or product whose chemical or
8 biological nature make it dangerous to the human health if disposed improperly,
9 or that could cause harm to the environment. This includes any material which
10 requires special handling due to its acute or chronic effects on air and water
11 quality, on fish, wildlife, or other biota and on the health and welfare of the
12 public, including but not limited to explosives, pathological wastes, radioactive
13 materials, oil based paints, thinners, fluorescent bulbs, auto fluids, pesticides,
14 flares, pool chemicals, sharps or needles, batteries, and acidic, caustic, toxic or
15 highly flammable chemicals. The City will not collect hazardous material on any
16 regular Solid Waste services. Arrangements for the special disposal shall be made
17 by the customer for the proper, safe, and legal disposal of hazardous material by
18 calling the Solid Waste Authority.
19
20 (9) "Infectious waste:" Is any type of waste material resulting from the operation of
21 medical clinics, hospitals, abattoirs, and other facilities producing waste which
22 may consist of human and/or parts contaminated bandages, pathological
23 specimens, hypodermic needles, contaminated clothing and surgical gloves. The
24 City will not routinely collect infectious waste. Arrangements for special disposal
25 shall be made privately by the customer for the proper, safe, and legal disposal of
26 infectious waste according to standards within the relevant industry.
27
28 (10) "Recyclable materials:" Shall mean newspaper (including inserts), aluminum,
29 plastic containers, glass bottle and jars, milk and juice cartons, aseptic containers,
30 corrugated cardboard, brown paper bags, mixed paper, tin, and ferrous cans,
31 household dry-cell batteries (no wet-cell batteries) and other type materials that
32 have known recycling potential, can be feasibly recycled, and have been diverted
33 and source separated or have been removed from the solid waste stream for sale,
34 use, or reuse as raw materials, whether or not the materials require materials
35 would include items that are capable of being recycled and which would otherwise
36 be processed or disposed of as solid waste. Recycled material shall be collected on
37 a scheduled routine basis from each residential unit in the City.
38
39 Residential dwelling unit means any structure or shelter, house, apartment, building,
40 or any part thereof used or constructed ar,~-v~id6mc~for human habitation and shall
41 include bath and culinary accommodations for one or more families.
42
43 (1) "Single-family Dwelling:" means a residential dwelling unit designed to contain
44 only one (1) family, or any residential dwelling unit, or any number of residential
45 dwelling units receiving Solid Waste service for each individual dwelling unit.
46
S:\CA\Ordinances~lraft ordinance\Chapter 10 - Garbage, Trash and Offensive Condifiolls.doc 15
1 (2) "Multi-family Dwelling:" means a residential dwelling unit designed to contain
2 more than one family, and received containerized Solid Waste service.
3
4 Sanitat?.n suFcrviscrDirector o£ Public Works means the ~Director of pub~
5 Public werks Works and kis the duly authorized agents of the Director of Public
6 Works.
7
Sp pi kup
8 ecial c i~4ee4~Jshall be of materialsresu!t!ng
~ - 11 d
9 ,^ ,h .... kl; ...... w a~..-~,-.,, ...... ,, .... ;~.1 ..;,.t~_.,, c,.~ ;,,...~o.~_. not co ecte
13 wz~g ~zpm~mznt. Specifl pic~ps will ~ coor~nated with the resident and the
14 g~tg*2zn gcpzvAgzrDirector of Public Works ~ to time, place, date ~d items to be
15 picked up. Items to ~ picked up will not be deposited at c~bside more ~ 24 ho~s
16 prior to
-er .....the scheduled zf t~z ~*~*:~ gc~e~.dgz~ci~ pic~p. All s~ifl
17 pic~ps shill be at ad~fional cost to the resident. An estimate of ~e cost of the
18 s~ifl pickup should be obt~ned by contacting ~e office of ~e Di~tor of ~b~c
19 Wor~. S~ci~ pic~ps will be made as soon as practicable upon acceptance of the
20 cost estimate by the owner.
21
2~ (Ord. No. 82-29, ~ 1, 9-21-82; ~d. No. 92-12, ~ 1, 6-2-92; ~d. No. 94-28, ~ 1, 9-9-94)
27
28
29 Sec. 10-~.S~gle Fa~ly R~identi~ nancon*~:~er~zed
30 Ref~e c~Hecfl~nColl~fion.
31
35
36 ~r~r~w~
37 con~fions:
38
39 (1) G~age ~nd zz~bu~*~b~z *~ will ~ coll~tod twice ~r w~k at curbside
4o only from each single f~]y ~sidenfi~ u~t~ in ~e City provided with ~11-
42 ~.~--~"~ ,.,:.u;~.,._......~"~ ~;;~ fe~,~, of cm~idz. ~e placement of household g~age in
43 a l~se and ~con~ned m~er on ~e ma~ide, swfle or o~er l~afions
~ adj~ent to ~e roadway wi~ ~e ex~ctafion of collation shill ~ sfficfly
proMbited
xoo~ e ...... ~1 mmed~ intend~ for ~s~s~ wi~ ~e roll-out g~bage
SACA~dinan~ ~X~p~ 10 - ~, T~h ~d Off--ye ~fi~.d~ 16
1 carts shall be placed inside the cart, and the lid of the cart must be closed. All
2 confiners refuse cans and carts shall be aboveground, placed off the street,
3 but within three (3) feet of the curb or edge of pavement and shall be located a
4 minimum of fi-ve-{-~three (3) feet from any obstruction that may interfere with
5 routine collection. TT~,q ....... .-1 ~.,~: ........ ~. .....a CA. storage of
6 "'-'}'~ ~-* pl .... ll~,J-l~ 0ays. Yard trash and
o~o.6,~, u~.. must be acco ~' .........
7 combustible trash will not be collected with household garbage, but will be
8 picked up once per week on a scheduled trash pickup day. Yard trash and
9 combustible trash capable of being containerized should be placed in a
10 standard garbage can, roll-out garbage cart, plastic bag, or disposable
12 Collection of yard trash should be piled separately from all other trash at
13 curbside. Any mixing of household garbage, combustible, noncombustible, or
14 bulk trash with the yard trash shall be strictly prohibited. Placing of yard trash
15 or combustible trash in the paved area of the street or on vacant lots is
16 prohibited '~m~*;^~ a~..4
18 .~..~.~,.~...~..~o*~ .~.c ........ r*-'r-~* ~sposal.Matefials classified as hazardous material
19 will not be collected by the City. Household garbage, trash or any type of other
20 material intended for collection, shall not set out prior to 6:00 PM of the day
21 proceeding the scheduled pickup.
22
23 (2) All garbage cans provided by the individual customer shall be subject to
24 inspection and approval by thev,.~,..~""~'~: ...... ,, ,~...ot-o ~mct¢r Director of Public Works
25 or his-~mign~tedesi~ee at all times. A container not approved by the pub~
26 ',vot'ko-qti-l~ot~Director of Public Works and which is set out for collection
27 will have a notice placed upon the container, handed to the owner or occupant,
28 or left at his residence and the occupant shall no longer use the container for
29 collection.
30
34
38
39 ~4-){3) Special waterproof disposable refuse bags or any other containers may
40 be used for vegetative materials. When such bags or any other containers are
41 used, the responsibility for protection of either the bag or the container and the
42 contents shall rest with the individuals occupging or residing on the property:
43 occupants. Rupture of~ or damage to the bag or container~ from any cause
44 which results i~g-Jn the scattering of refuse prior to the arrival of CJW
45 collection personnel will obligate the user to reassemble all of the refuse in
46 ~an undamaged bag or container prior to pickup by the c':BCity.
S:\CA\OrdinancesXdrafl[ ordlnanee\Chapter l0 - Garbage, Trash and Offensive Conditions.doe 17
I
~ ~,~ ~ao ~ Accumulations of y~d ~ash shall ~ stacked in
5 not apply *~ e ............ ,
6 compact piles not to exceed two (2) cubic y~ in volume at curbside witch
7 the confines of residents' or owne~~ side prope~y lines. Deposits of ~y~d
8 ~ash sh~l not obs~ct ~des~ or vehicul~ ~c. ~e ~i~ will not
9 collect y~d ~h produced from co~erci~ ~ee ~ng o~rafions,
10 l~dsca~ ~d lawn m~nten~ce o~rators. Tree ~e~, or privately
11 employed ~ee tfi~ers, ~ee ~bofists, l~dscape con,actors ~d operato~ of
12 ~ee ~d s~b~w m~nten~ce se~ices shill remove all ~ash and debris
13 from the presses upon which ~ey ~ wor~ng, inclu~ng but not li~ted to
14 limbs, ~ee ~s, roots, s~b~ clippings, ~d o~er debris em~afing from
~5 their work. Dis~sfl of ymd ~h produced by co~ercial o~rafions or ~ose
16 p~d to conduct such o~rations sh~l ~ s~cfly prohibited. No ~y~d
17 ~ash shill be placed on pro~y owned or ~cupied by othe~ wi~out
18 pe~ssion.
19
22
31
32 ~(5) ~o rR~se ~ont~ne~, c~s, ~d c~s sh~] not ~ kept or
33 m~nt~ned upon or adjacent to ~y s~t, sidew~, p~kway, front y~d, side
34 y~d or o~er place wJ~Jn th~ view of ~Bons using ~e ~ity's s~ts or
35 sidew~ks, except ~ provided he~in. , exzzpt '~' -~' s, _~ ,;~. ~.. ,~
41 5~Z~ czll~fizn ~ ma~e. ~otecfon of ~e cont~ne~ placed for collection is
42 ~e res~nsibility of ~e ~sident.
43
S:\CA\OrdinancesXdraR ordinance\Chapter 10- Garbage, Trash and Offensive Conditions.doc 18
I up ............. ~ ................ v ......apprc, v
3 (Ord. No. 82-29, § 1, 9-21-82; Ord. No. 92-12, §§ 2--4, 6-2-92; Ord. No. 94-
4 28, § 2, 9-9-94)
5
6 (6) Curbside residential recycling service will be given to each residential
7 dwelling unit with the City, once a week. The City shall provide each resident
8 with two (2) recycling bins or carts. One shall be used for the accumulation of
9 plastic containers, glass, aluminum and other allowable co-mingled materials.
10 The other shall be used for newspaper, magazines, glossy paper, office grade
11 paper, and corrugated cardboard. The bins shall be set out on the designated
12 collection day.
13
14 (7) The responsibility for proper placement and preparation of solid waste
15 materials for collection shall be that of the resident of the dwelling unit. It
16 shall be unlawful for any person, upon vacating or moving from any dwelling,
17 storeroom, or any other building in the City, to fail to remove all garbage,
18 rubbish, and debris from such building and premises, and grounds appurtenant
19 thereto, or to fail to place said waste in an approved sanitary container for
20 disposal in accordance herewith. Failure of a renter, lessee, and/or tenant to
21 comply with this requirement shall obligate the property owner of record to
22 fulfill the responsibility of compliance with this aArticle.
23
24 (8) Hazardous wastes, infectious wastes, construction and demolition material,
25 dead animals and any other prohibited waste shall not be placed in garbage
26 cans, bags, or any other types of containers or placed loose on the ground with
27 the expectation of having the material collected by the City. These materials
28 are not part of Single Family Residential Refuse Collection Service. The
29 resident and/or property owner should contact the Director of Public Works in
30 order to inquire as to the proper disposal method for such materials.
31
32
33 Sec. 10-25.Containerized commercial and residential
34 collection.
35
36 (a) Regulations governing containerized service:
37
38 (1) Containerized refuse service shall be carded out by the c-C_ity at commercial or
39 multifamily residential establishments in the promotion of improved sanitary
40 conditions for the prevention of health hazard. Containers are supplied by and
41 shall remain the property of the e-C_ity. The us~landowner is responsible for
42 the protection of containers placed to serve histhe premises. The
43 usedandowner shall be liable to the extent of the cost of repairs or
44 replacement of containers when damaged by fire, negligence, vandalism or
45 other forms of abuse.
46
S:\CA\Ol'dinanees~lraft ol-dinallce\Chapt~ 10 - Garbage, Trash and Offensive Conditions.doc 19
1 (2) Free dumping access to containers at all times shall be provided by the
2 ase~landowner. All containers shall be located so that the collection vehicle
3 driver can dump containers without leaving the vehicle.
4
5 (3) Customers using garbage chutes or interior storage shall provide containers on
6 rollers which will be the responsibility of the owner or occupant for
7 maintenance. The landowner shall be responsible for placing (rolling) them to
8 the proper position for emptying and in time for emptying.
9
10 (4) The size or number of containers shall be determined by the volume of refuse
11 to be deposited and will be in direct relationship to the manner in which the
12 user elects to utilize the space provided in said container or containers.
13 Charges shall be assessed on the basis of cubic yards of refuse removed from
14 premises whether manually compacted or loose.
15
16 (5) At each multifamily site, located adjacent to the dumpsters, or a location
17 approved by the City, the City shall place a minimum of two (2) recycling
18 carts. The carts are for the purpose of collecting recycling materials. The
19 landowner must allow space for the carts adjacent to the dumpsters, and
20 properly accessible by the City tracks for servicing. The residents of the
21 multifamily development shall be encouraged to conduct recycling. The carts
22 will be serviced a minimum of once a week. The placement of materials,
23 garbage, yard trash, or any other material not approved in the definition of
24 recyclable materials shall be strictly prohibited. This service is provided as a
25 part of the garbage collection fee.
26
27 (6) Commercial, institutional, and any other ~pe activity requiring containerized
28 garbage collection, except for multifamily collection service, are encouraged
29 to access the garbage and trash stream, to determine the benefits of recycling.
30 The City will provide dumpsters, designated for cardboard and paper
31 recycling. The service will be provided for a fee.
32
33 (Ord. No. 82-29, § 1, 9-21-82)
34
35
36 Sec. 10-26. Roll-Off Services.
37
38 (a) Construction Sites. All construction, renovation, remodeling, and repair sites,
39 requiting a permit from the City for work being conducted, shall be maintained in
40 a clean and sanitary condition at all times. Each construction site shall be provided
41 with solid waste containers adequate in size an sufficient in number to
42 accommodate the accumulation of solid waste during the interval between
43 scheduled removals of solid waste from the project site. The number and type. of
44 refuse containers shall be subject to the approval of the Public Works Department.
45 The owner of the property, or the contractor conducting the operations, shall have
46 the right to provide the material removal service with his own containers and
S:\CA\Ordinances~lraft ordinance\Chapter 10 - Garbage, Trash and Offensive Cooditioas.doc 20
1 equipment. In all other cases, the owner or contractor shall be required to obtain
2 such removal services from the City. The Public Works Department shall
3 determine exclusively whether this service would require the use of roll-off
4 containers, or the service could be adequately provided by some other means.
5
6 (b) Stop Work. During the construction of any site project the Building Official may
7 at his/her discretion, issue a written order to stop work on a construction project
8 for failure to maintain the construction site in a clean and sanitary condition, or for
9 failing to adhere to the requirement of this chapter.
10
11 (c) Final Cleanup. Solid waste shall be removed from the construction, renovation,
12 remodeling, or repair site, and the area properly cleaned to the satisfaction of the
13 Director of Public Works within five (5) workdays following the completion and
14 final inspections of the work performed under a permit, and in all instances prior
15 to the issuance of a certificate of occupancy by the Building Department.
16
17 (d) Roll-off Location. All roll-off containers shall be placed on the customer's
18 property_ in a location accessible for service. Roll-offs maybe placed in the public
19 right-of-way only if a permit to do so is issued by the Engineering Department.
20
21
22 Sec. 10:2627. General, ~s ......... Regulations.
23
24 (a) Predetermination of refuse storage sites required. Prior to the issuance of a
25 building permit by the c4t-pCity building Building d~pa~m~m~Department for the
26 renovation, modification or erection of a new structure .-..k~ +~..~.. o:-~.t,~
27 ~, provisions must be made for the storage and handling of refuse. Such
28 arrangements shall provide free access to containers by mechanized equipment at
29 ail times. Acting jointly, ther-~'-~"'a"~ Public ..... ,. ,~...~,t-~ Works ~Department
30 and the c-Kty-C~ty ........,, Building depam,ae~Department and the builder-owner-
31 occupant~ as applicable~ shall mutually arrive at a satisfactory arrangement to meet
32 collection requirements.
33
......... ,-...~...~. Refuse from
36 containerized residential units will be collected twice a week or as necessary.
37 Such frequency of service shall be determined exclusively by the Director of
38 Public Works to ensure public safety, health, cleanliness and appearance. In the
39 case of the commercial establishment, the customer will be billed for the amount
40 of service required to meet the Solid Waste standards.
41
42 (C) Duty to record and bill users of ~:' ~ ]
~.~ City system. The
43 supet:s4s~Director of Public Works shall cause to be kept, an accurate record of
I
44 all persons using the services and facilities of the said municipal refuse collection
45 and disposal system and make charges in accordance with the rates and charges
S:\CA\Ordinances'draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 21
1 herein established. The City may choose to not provide solid waste services
2 because of non-payment.
3
5 ~zun tony
6
7 ~(d) [Unlaw~l deposits.] It shall ~ unlaw~l for any ~rson to deposit on, or bu~
8 in, or cause to be deposited on or b~ed in~ upon ~y l~d, vac~t or
9 un~cupied presses in the ~ity or upon any ~cupied prope~ pubic
sq~e~ ............ ~" ~ ~
v ........................ or upon ~y s~eet, ~ley, ,
11 p~ay, or in ~y c~, wate~ay, bridge, easement, or o~er public p~sageway,
12 or h~t-of-way, or ~y store &~n, rock pit and sand pit, pool or l~e wi~n the
~;~_~ any noxious, filthy, m~odorous or offensive liquid or solid mated~s,
14 g~bage, refuse, or rubbish ~here wit~n ~e limts of the City in ~y vessel or
15 r~eptacle o~er ~ in ~ approved refuse cont~ner which is collated re~l~lg.
16 Noting in ~s provision sh~l pro.bit private, bac~d, nuis~ce-free
17 composfing practices for home g~de~ng pu~ses. No ~mon sh~l bm or cause
18 to be burned ~g refuse or waste ~here wit~n the City ~ts, except ~
~9 othe~ise provided by law.
20 Cross references-Depositing litter in bodies of water, ~ 15-30; polluting park
21 waters, ~ 16-26.
22
23 ~(e) Mulch or compost piles peri.ed. Hofficul~ ~ash and refuse cont~ffing no
24 combustible matter, or w~ch will not, duhng decay, ~ve off offensive odors, may
25 be accumulated by ~e owner as a mulch or compost pile in ~e re~ of ~e
26 residenfi~ presses upon w~ch ~e mateh~ is accumulated. B~n~ng mated~
27 from offsite onto ~e pro, ay for ~e s~e of composting will ~ pro~bited.
28 Composfing for co~ercial p~ose, or composfing to develop a m~ke~ble
29 product sh~l pro~bited except for those cases ~lowed by co~e~i~ ente~se,
30 ~d properly licensed to conduct such operations.
31
32 ~ may ................. ; , ~ ........................ ;n ....c~ty
43
44 (~d. No. 82-29, ~ 1, 9-21-82)
45 Ed~or's note-Subsection 10-26(h), relative to the disposal of const~cdon or
46 industrial wastea had been deleted ~ being duplicative of ~ 10-3a
S:XCA~ane~ ~dinan~l~p~ 10 - O~ge, T~h ~d ~ive C~fi~.d~ 22
1
2 09 Ownership of collection refuse and waste.
3
4 {1) Ownership of refuse and waste material shall be vested in the City at the
5 time of collection.
6
7 (2) It shall be unlawful for any person, not authorized to do so, to open,
8 remove, untie, or to interfere with the orderly and legitimate collection of
9 any refuse container, or to collect, disturb, or scatter refuse stored in
10 containers placed for collection and disposal. It shall be unlawful for any
11 person to scavenge any solid waste within the City.
12
13 (3) Recycling material to be collected, such as newspaper, newspaper/grade
14 papers, and/or other materials, shall become the property of the City from
15 the time of placement at the curb by the customer, and it shall be a
16 violation of this article for any person, firm, corporation, or partnership
17 other than the City, to tamper with or to take or remove, or to convert to its
18 own use in any way, such material. Each such collection in violation
19 hereof form one (1) or more residences or businesses during such period
20 shall constitute a separate and district offense.
21
22 (g) Dead Animals. It shall be unlawful to place any dead animal or parts thereof in
23 any solid waste container for collection; however, this section shall not apply to
24 animal parts from food preparation for human consumption.
25
26 (h) Incinerators. No private incineration units shall be erected or operated within
27 the City from the date of this article except upon approval of the City
28 Commission, and the isso_a_nce of the proper permits and licenses from any and all
29 regulating agencies.
30
31 (i) Landfills. It shall be unlawful for any person to create, use, own, or operate any
32 landfill or dump within the corporate limits of the City.
33
34 (j) Littering. It shall be unlawful to place, or allow to be placed, any solid waste
35 upon the roads, streets, storm drains, canals, lakes, other bodies of water, or any
36 public or private property within the City except as provided herein.
37
38 (lc) Non-Interference. It shall be unlawful for any person to interfere with any
39 employee of the City while in the performance of their duties as authorized by this
40 Ordinance.
41
42
43 Se~:. 10:2728. Reserved.
45 Editor's note-Provisions designated § 10-27, and enumerating certain violations,
46 have been deleted by the editor as being duplicative of§ 10-31.
S:\CA\Ordlnances~Iraft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 23
1
2
3 Sec. 10-~29. Purpose of rates and charges.
4
5 The rates and charges herein set forth are imposed to provide revenue for the purpose
6 of paying the costs of the operation and maintenance of the refuse collection and disposal
7 system of the city and extensions thereof and replacements thereto and for any other lawful
8 purpose as so determined by the city commission.
9 (Ord. No. 82-29, § 1, 9-21-82; Ord. No. 94-28, § 3, 9-9-94)
10
11
12 Sec. 10--2-930.Rates and charges for eity-Cit¥ service.
13
14 The rates and charges for refuse collection service provided by the city shall be as
15 follows:
16
17 (a) Commercial containerized, excluding multifamily residential units:
18
19 (1) Monthly commercial charges shall consist of a total of the following three
20 (3) items:
21
22 a. Container rental charge-A monthly flat fee ~ to cover the
23 cost of the container by size as follows:
24
25 2003/2004 Rates:
26 2 cu. yd. container__- __.$/ 9:4020.00 per month
27 3 cu yd. container - $21.4425.00 per month
28 4 cu. yd. container__- $22.2!30.00 per month
29 6 cu. yd. container__- $25.5335.00 per month
30 8 cu. yd. container - $27.99~.0.00 per month
31
32 The Public Works Director shall annually adjust these fees based
33 upon changing purchase prices of new containers.
34
...... ~';~ yard as
35 b. Disposal charge-A fixed disposal charge t~ ......
36 ~set and modified from time to time by the Palm Beach
ty thority q~' ....... ,- ~.-..- ~no~ ? :.
37 Coun Solid Waste Au ..... ~
39 ""~ ~;'~'* ~"*" ~¢~ no~ ...... k; ..... '~ This price shall be passed
40 on to the customer directly.
41
42 c. Operating charge-A fixed charge per cubic yard to cover all other
43 labor and equipment hauling expenses and charges of the
44 s-~Ata*dzn Solid Waste Departmentbudg~. 2~'..e r-2e is eatabllr,~ed
45 "* two ,~^n .... ,~ ...... · ........ ,. c¢~, '7~x b' ~ Th
...... x,~ .... ~ per cu lc ym e
46 rate in 2004 will be fixed at $3.00 per cubic yard and will be
S:\CA\Otdinanceskkaft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 24
1 increased 4% annually thereafter at the beginning of each fiscal
2 year, or as otherwise provided by the City Commission.
3
4 (2) Partial monthly service will be charged on a prorated basis, based on the
5 rates in subsection (la_) above.
6
7 (3) Mechanical compressed or compactor refuse shall have the disposal rate
8 computed at a three-to-one (3:1) ratio of the disposal rates set forth in
9 subsection (lb_). Containers with compactors shall be furnished by the
10 owner, therefore, no rental cost shall be charged.
11
17
18 (b ) Noncontainerized commercial service:
19
20 ¢l--)Refuse picked up from residential type cans at commercial establishments
21 shall have their level of service negotiated by the puLlic Public werks
22 Works depavtm~g-Department. '-':*~- ...... ~.~;,., · ...... ~ ,~ ~to. ~^
24
25 (C) Residential rates (noncontainerized):
26
27 (1) Ten dollars and fifty cents ($10.50) per month for single-family dwellings.
28
29 (2) Ten dollars and fifty cents ($10.50) per month for each family unit duplex
30 or triplex.
31
32 (3) Ten dollars and fifty cents ($10.50) per month for each family unit for
33 apartments and condominiums.
34
35 (4) Trailer parks, ten dollars and fifty cents ($10.50) per month per trailer.
36
37 (d) Residential rates (containerized, multifamily):
38
39 (1) Six Nine dollars ($69.00) per month for each family unit for apartments
40 and condominiums that are served by dumpster containers.
41
42 (2) Six Nine dollars ($69.00) per trailer in trailer parks.
43
44 (e) Special pickup: Special pickups of items not normally handled by the weekly
45 garbage, trash or recycling pickup, whether due to the type of waste or the volume
46 of waste, may be scheduled by contacting the public works department and the
S:\CA\Ordinances~h'~et ordinance\Chaplet 10 - Garbage, Trash and Offensive Conditions.doc 25
1 rate for such pickup shall be established by the director depending on the size and
2 type of removal needed.
3
4 (f) Res~r~.~Rate schedule extra pickup ofdurnpsters at multifamil¥ locations: $3 per
5 cubic _yard.
6
11
12 ~,,; .............. rcG'c :rig: ...................................... v ..... v
14
15 (g) RoIl-o~ Rates: Rates for roll-off dumpsters used for cons~ction ~d demolition
16 debris shall ~ established ~d modified from time to time by ~e Director of
17 ~blic Works based upon private m~kets con~fions.
18
19
20
I
22
23
24
27
29 ~ .................. , ......................... ; ................. ~
30
32
'c~ap
35 W ..... ,
39 .....
k~.vvI ~, ~v~. v*~ [~1 ,.~a,~,~ ~, ~ ~ ~.v~j ~ ~ v ~] ~v~ ,,aa~ ~
43 (~d. No. 82-29, ~ 1, 9-21-82; Ord. No. 83-36, ~ 1, 10-18-83; Ord. No. 85-55, ~
~ 1, 11-15-85; Ord. No. 86-36, ~ 2, 10-21-86; ~d. No. ~-36, ~ 1, 9-18-90; ~d.
45 No. 91-63, ~ 1, 9-19-91; ~d. No. 92-49, g 1, 10-8-92; ~d. No. 93-33, ~g 1, 2, 9-
46 21-93; ~d. No. 94-28, ~ 4, 9-9-94)
SACA~X~ ~~ I0 - G~e, T~h ~d Offe~ve ~&fi~.d~ 26
1
2
12
13
14 Sec. 10:213~. Violations ~d enforcement.
15
16 It is hereby deel~ed u~awful and a violaOon of this ~icle for any person to do or
17 pe~t to be done ~y of the following acts or praeGees:
18
)9 (1) To d~posit or ph~ in or ~mus~ to ~ d~sit~d or pla~d in ~ ~ms~ ~ont~n~r ~
20 mate~s o~er than ~ose defined in t~s ~icle as refuse.
21
22 (2) To 5mil or n~gle~t to ~e~p or ~aus~ to b~ k~pt ~loan rand s~it~, ti~tl~ covered
23 and in good state of rep~r, ~1 re~se cont~ners.
24
25 (3) To use or supply g~bage c~s ~d m~se cont~ners o~er than those defined ~d
26 provided for in ~s ~cle.
27
28 (4) To collect or pemt to be collected by anyone, the g~age from ~y g~bage
29 cont~ner other than by ~rsons re~l~ly employed by the city for that p~se
30 ~less sp~ific~ly au~ofized by the ~i~ ~omssion.
3~ (~d. No. 82-29, ~ 1, 9-21-82)
32
33 It sh~l ~ u~aw~l for ~y ~rson to f~!, ne~ect, or re~se to comply with ~d abide
34 by each provision of ~s ~~cle. ~ese ~ffom~ce on each day of ~y pro~bited
35 act or practice sh~l constitute a sep~ate offense, ~d sh~l ~ p~ishable m such.
36
37
38 S~. 10:2231~10-49. R~erved.
39
40
41
42
D *
43 ~CI.E ~. AB~O~ PROPERTY
45 *Ed~or's note-Ord. No. 87-2, ~ 1, 2, adopted Feb. 3, 1987, repealed foyer A~. III,
46 Abandoned, wrec~d orjun~d vehicles, being ~ 10-5~10-56, as deHvedpom t~ 1959
S:~CAX~dinanc~ ~dinan~p~ 10- G~age, T~h ~d Off~ive ~n~fions.d~ 27
1 Code, §§ 29-5--29-8, and enacted in lieu thereof new provisions designated herein as Art.
2 III, §§ 10-50~10-54.
3
4
5 Sec. 10-50. Definitions.
6
7 For the purposes of this a__Article, the following words and phrases shall have the
8 meaning set forth herein. According to context, words used in the present tense include the
9 future, singular words include the plural, plural words include the singular, and masculine
10 words shall include the feminine gender.
11
12 Abandoned property means all tangible personal property which does not have an
13 identifiable owner and which has been disposed on public property in a wrecked, inoperative,
14 or partially dismantled condition or which has no apparent intrinsic value to the rightful
15 owner. However, vessels determined to be derelict by the Department of Natural Resources
16 in accordance with the provisions of Section 823.11, Florida Statutes, shall not be included in
17 this definition.
18
19 Antique motor vehicle is any motor vehicle of thirty-five (35) years or more which is
20 registered with the State of Florida, pursuant to Florida Statutes, Section 320.086.
21
22 City is the City of Boynton Beach, Florida.
23
24 Enforcement officer means those employees or other agents of the c-gy-City
25 designated by ordinance, or duly authorized and appointed by the c-it-y-City.mamag~Manager,
26 whose duty it is to enforce c4t-y-City c--~Codes. This definition shall include, but not be
27 limited to, law enforcement and code compliance officers.
28
29 Inoperable motor vehicles. A motor vehicle shall be deemed inoperable and/or
30 abandoned if a valid and current motor vehicle license is not affixed thereto in excess of
31 thirty (30) calendar days; provided however, that this shall not apply to motor vehicles
32 located on private property owned or leased by automobile dealers, new or used, possessing a
33 current, valid, occupation license; nor shall this definition apply to any antique or collector
34 vehicle which is registered with the State of Florida, pursuant to Florida Statutes, Section
35 32O.086.
36
37 Law enforcement officer means any full-time police officer employed by the c-gyCity.
38
39 Lost property means all tangible personal property which does not have an
40 identifiable owner and which has been mislaid on public property, upon a public conveyance,
41 on premises used at the time for business purposes, or in parks, .places of amusement, public
42 recreation areas, or other places open to the public in a substantially operable, functioning
43 condition or which has an apparent intrinsic value to the rightful owner.
$:\CA\Ordinances~ldrafi ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 28
1 Motor vehicle is a vehicle or conveyance which is self-propelled and designed to
2 travel along the ground, and includes, but is not limited to, automobiles, buses, mopeds,
3 motorcycles, trucks, tractors, go-carts, golf carts, campers, motorhomes and trailers.
4
5 Private property is any real property within the c-kty-City which is privately owned and
6 which is not defined as public property herein.
7
8 Public property means lands and improvements owned by the federal government, the
9 State of Florida, a county or a municipality and includes sovereignty submerged lands located
10 adjacent to the county or municipality, buildings, grounds, parks, playgrounds, streets,
11 sidewalks, parkways, rights-of-way, and other similar property.
12
13 Wrecked motor vehicle is any motor vehicle the condition of which is wrecked,
14 dismantled, partially dismantled, incapable of operation by its own power on a public street,
15 or from which the wheels, engine, transmission or any substantial part thereof has been
16 removed. (Ord. No. 87-2, § 2, 2-3-87; Ord. No. 87-29, § 1, 9-15-87)
17
18
19 Sec. 10-51.Abandoned or lost property on public property,
20 procedure.
21
22 (a) Whenever a law enforcement officer of the c4ty-City ascertains that an article of lost
23 or abandoned property is present on public property and is of such nature that it can
24 be easily removed, the officer shall take such article into custody and shall make a
25 reasonable attempt to ascertain the rightful owner or lienholder pursuant to the
26 provisions of this section.
27
28 (b) Whenever a law enforcement officer ascertains that an article of lost or abandoned
29 property is present on public property and is of such nature that it cannot be easily
30 removed, the officer shall cause a notice to be placed upon such article in
31 substantially the following form:
32
33 NOTICE TO TIn--THE OWNER AND AIJ~ PERSONS INTERESTED IN THE
34 ATrACI-IF.D PROPERTY. This property, to wit: (setting forth brief description) is
35 unlawfully upon public property known as (setting forth brief description of location)
36 and must be removed within 5 days, otherwise, it will be removed and disposed of
37 pursuant to Chapter 705, Florida Statutes. The owner will be liable for the costs of
38 removal, storage, and publication of notice. Dated this: (setting forth the date of
39 posting of notice), signed: (setting forth name, title, address and telephone number of
40 law enforcement officer).
41
42 Such notice shall be not less than seven (7) inches by ten (10) inches and shall be sufficiently
43 weatherproof to withstand normal exposure to the elements. In addition to posting, the law
44 enforcement officer shall make a reasonable effort to ascertain the name and address of the
45 owner. If such is reasonably available to the officer, he shall mail a copy of such notice to the
46 owner on or before the date of posting. If the property is a motor vehicle as defined in Section
S:\CA\Ordinances~lraft ordinance~napter 10 - Garbage, Trash and Offensive Conditions.doc 29
1 320.01(1), Florida Statutes, or a vessel as defined in Section 327.02(27), Florida Statutes, the
2 law enforcement agency shall contact the Department of Highway Safety and Motor Vehicles
3 or the Department of Natural Resources, respectively, in order to determine the name and
4 address of the owner and any person who has filed a lien on the vehicle or vessel as provided
5 in Section 319.27(2) or (3) or Section 328.15(1), Florida Statutes. On receipt of this
6 information, the law enforcement agency shall mail a copy of the notice by certified mail,
7 return receipt requested, to the owner and to the lienholder, if any. If, at the end of five (5)
8 days after posting the notice and mailing such notice, if required, the owner or any person
9 interested in the lost or abandoned article or articles described has not removed the article or
10 articles from public property or shown reasonable cause for failure to do so, the following
11 shall apply:
12
13 (1) For abandoned property, the !aw,,.~.,.,,~....,_.~-~' ....... * ....... -.~,-,..-,., ~;t,,..._; may retain any or all of
14 the property for its own use or for use by the state or unit of local government,
15 trade such property to another unit of local government or state agency, donate the
16 property to a charitable organization, sell the property, or notify the appropriate
17 refuse removal service.
18
19 (2) For lost property, the officer shall take custody and the ageaebCity shall retain the
20 property for ninety (90) days and publish notice of the ~ity's intended
21 disposition of the property.
22
23 a. If the City ageme~lects to retain the property for its own use. by-the-u~
24 ofe,,~ ......... .,~,...l,~...,' donate the property to a charitable organization, surrender
25 such property to the finder, sell the property~ or trade the property to
26 another unit of local government of state agency, notice of such election
27 shall be given by an advertisement published once a week for two (2)
28 consecutive weeks in a newspaper of general circulation in the-eoumy
29 .,h~.-~,.....l~ ,~,u,,~ ...... t-~--v.~-.,"~' ;:,as fc. un~.,Palm Beach County.
30
31 b. If the ~ity elects to sell the property, it must do so at public sale by
32 competitive bidding. Notice of the time and place of the sale shall be given
33 by an advertisement of the sale published once a week for two (2)
34 consecutive weeks in a newspaper of general circulation in Palm Beach
35 County the ..... · ..... u~,~ ,u.~ ~,~ .2~ ~^ b~ Ue~a The notice shall include a
36 statement that the sale shall be subject to any and all liens. The sale must
37 be held at the nearest suitable place to that where the lost or abandoned
38 property is held or stored. The advertisement must include a description of
39 the goods and the time and place of the sale. The sale may take place no
40 earlier than ten (10) days after the final publication. ~ '~ere ir. no
43 /ax ...,,.. ..... ~'~;" -'~ .... ;- ""' ...... '-' -' least ten r~m da2,'r. "";"" "' """
44 Notice of the agetae~.ity's intended disposition shall describe the property
45 in a manner reasonably adequate to permit the rightful owner of the
46 property to identify it.
S:~CA\Ordinances~raft o~'dln~nce\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 30
1
2 C. If the property is sold at public sale pursuant to subparagraph 10-
3 51(b)(2)b, the ~ity shall deduct from the proceeds the cost of
4 transportation, storage, and publication of notice, and any balance of
5 proceeds shall be deposited into an interest-beating account not later than
6 thirty (30) days after the date of the sale and held there for one (1) year.
7 The ageac-yCity shall provide a bill of sale clearly stating that the sale is
8 subject to any and all liens. The rightful owner of the property may claim
9 the balance of the proceeds within one (1) year from the date of the above
10 stated deposit by making application to the City.~ If no rightful
11 owner comes forward with a claim to the property within the designated
12 year, the balance of the proceeds shall be deposited into the state school
13 fund.
14
!5 d. The owner of any abandoned or lost property who, after notice as provided
16 in this section, does not remove such property within the specified period
17 shall be liable to the la';; enfc, rcement agencyCity for all costs of removal,
18 storage, and destruction of such property, less any salvage value obtained
19 by disposal of the property. Upon final disposition of the property, the law
20 enforcement officer shall notify the owner, if known, of the amount owed.
21 In the case of an abandoned boat or motor vehicle, any person who
22 neglects or refuses to pay such amount is not entitled to be issued a
23 certificate of registration for such boat or motor vehicle, or any other boat
24 or motor vehicle, until such costs have been paid. The law e:-~c, mement
25 of-fic-o~ity shall supply the Department of Natm'al Resources with a list of
26 persons whose boat registration privileges have been revoked under this
27 subsection and the Department of Motor Vehicles with a list of persons
28 whose motor vehicle privileges have been revoked. Neither department
29 nor any other person acting as agent thereof shall issue a certificate of
30 registration to a person whose boat or motor vehicle registration privileges
31 have been revoked, as provided by this subsection, until such costs have
32 been paid.
33
34 e. Whoever opposes, obstructs, or resists any law enforcement officer or any
35 person authorized by the law enforcement officer in the discharge of his
36 duties as provided in this section upon conviction is guilty of a
37 misdemeanor of the second degree, punishable as provided in Section
38 755.083, Florida Statutes, as may be amended from time to time.
39
40 f. Any law enforcement officer or any person authorized by--the law
41 enforcement officer is immune from prosecution, civil or criminal, for
42 reasonable, good faith trespass upon real property while in the discharge of
43 duties imposed by this section.
44
45 g. The rightful owner shall be liable for the !w,v ev~e, mement agency, City's
46 costs for transportation and storage of lost or abandoned property and the
S:\CA\Ordinances'~lmft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 31
1 ~it¥'s cost for publication of notice of disposition of lost property.
2 If the rightful owner does not pay such costs within thirty (30) days of
3 making claim to the property, title to the property shall vest in the City.
4 !aw enforcement agenc2,'. (Ord. No. 87-2, § 2, 2-3-87; Ord. No. 87-29, §§
5 2, 3, 9-15-87)
6
7
8 Sec. 10-52.Storing, parking, or leaving wrecked or
9 inoperable motor vehicles on private properly prohibited
10 and declared a nuisance; exceptions.
11
12 (a) No person shall park, store, leave or permit the parking, storing or leaving of any
13 abandoned property or wrecked or inoperable motor vehicle of any kind, whether
14 attended or not, upon any private property within the c-4tyCity, except that, with
15 respect to an inoperable motor vehicle, such vehicle may be parked, stored, or left on
16 said property for a period of time not to exceed seventy- two (72) hours. The presence
17 of such vehicles, or parts thereof, on private property is hereby declared a public
18 nuisance which may be abated in accordance with provisions of this article.
19
20 (b) This section shall not apply to:
21
22 (1) Any motor vehicle which is completely enclosed within a building, or unless it
23 is held in connection with a business enterprise lawfully licensed by the c-C_ity
24 for the servicing and repair of such vehicles and properly operated in an
25 appropriate business zone pursuant to the zoning ordinances of the c--C_ity;
26
27 (2) Nor shall this section apply to any antique or collector vehicle which is
28 registered with the State of Florida, pursuant to Florida Statutes, Section
29 320.086. However, no more than two (2) antique motor vehicles may be
30 retained by the same owner for collection purposes unless they are
31 appropriately stored.
32
33 (C) Whenever the enforcement officer of the city-City shall ascertain that an article or
34 articles of abandoned property are present on private property within the limits of the
35 City of Boynton Beach in violation of the provisions of this article, the enforcement
36 officer shall cause a notice to be placed upon such article in substantially the
37 following form:
38
39 NOTICE TO THE OWNER AND ,AIJ. PERSONS INTER'TED IN THE
40 ATTACI4ED PROPERTY. This property, to wit: (setting forth brief description)
41 located at (setting forth brief description of location) is improperly stored and is in
42 violation of (setting forth ordinance or regulation violated) and must be removed
43 within ten (10) days from the date of this notice unless a hearing has been demanded
44 in accordance with the terms of Chapter 10, Article I, Boynton Beach Code of
45 Ordinances within ten (10) days of the date of this notice; otherwise, it shall be
46 presumed to be abandoned property and will be removed and destroyed by order of
S:~CA\Ordinances~lIifft ofdinance~Chapler 10 - Garbage, Trash and Offensive Conditions.doc 32
1 the City of Boynton Beach and the owner will be liable for the costs of removal and
2 destruction. Dated this: (setting forth date of posting of notice). Signed: (setting forth
3 name, title, address, telephone number of enforcement officer).
4
5 Such notice shall be not less than eight (8) inches by ten (10) inches and shall be
6 sufficiently weatherproof to withstand normal exposure to the elements for a period of
7 ten (10) days. In addition to posting the notice, on or before the date of posting the
8 enforcement officer shall mail a copy of the m~4c-o-Notice to the ~Owner of the
9 real property upon which the abandoned articles are located, as shown by the real
10 estate tax records used by the City of Boynton Beach, and if the abandoned property is
11 a motor vehicle or boat, shall make a reasonable effort to ascertain the name and
12 address of the owner and shall mail a copy of a notice to such owner. The notice shall
13 also advise the person to whom the notices are applicable that they have seven (7)
14 days from the date of posting and/or mailing of the notice to correct the condition or
15 file a written petition to-with the c-R-y-City memager-Manager or his the designee for a
16 hearing as provided in Section 10-7 of the City's Code of Ordinances,
19 ~--.-o~ ~..... -,a,,-;-: ~,~ ^.,~.._.,~o.~,...~.~;~;o,~,^~., which t,,em~hearing shall be held no later than ......... ten
20 (10) days ofafter the date the petition is received by the oil-y-City mmmge~Manager.
21
22 (d) Procedures:
23
24 (1) Hearing. The issues to be determined at the said hearing are whether the
25 conditions creating a nuisance, do in fact exist; why the conditions should
26 not be abated by the c-it-y-City at the expense of the owner; the time limits
27 for such abatement. The source of the condition shall not be a defense
28 against the requirement that the condition shall be abated by the owner. If
29 after a hearing the board determines that the conditions which exist on the
30 property constitute a public nuisance, the owner or owners of the property
31 shall have imno more than addition-2 seven (7) days. from the date of the
32 hearing to correct or remove the conditions, after whicksuch time, the c-it:y
33 City shall have the right to have the conditions abated at the expense of the
34 property owner.
35
36 (2) Removal. If the owner or other interested person has not requested a
37 hearing within seven (7) days, the eity-City shall have the fight to have the
38 objectionable condition corrected or removed at the expense of the owner.
39 If the c4ty-City has the condition abated and payment for the City's
40 abatement costs is not received within thirty (30) days after the filing of a
41 notice of assessment for the cost of such work together with all costs of
42 inspection and administration, the c4t-y-City shall have a lien placed against
43 the property for the cost of the work, including inspection and
44 administration cost, plus interest at the rate of eight percent (87.~.) per
45 annum, c-em-v-,plus reasonable attorney fees and other costs of collecting
46 said sums without further hearing. If, at the end of tea-00)seven (7) days
S:\CA\Ordinances~rafl ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 33
1 after posting or mailing such notice, the owner or any person interested in
2 the abandoned article or articles describing such notice has not removed
3 the article or articles and complied with the ordinance or regulations cited
4 in the ~_Notice, the enforcement officer may cause the article or articles of
5 abandoned property to be removed or destroyed. The salvage value, if any,
6 of such article or articles shall be retained by the local government to be
7 applied against the cost of removal and destruction thereof, unless the cost
8 of removal and destruction are paid by the owner as provided in sec-t-io~
9 Section 10-54.
10
11 The owner of any abandoned motor vehicle or the owner of the real
12 property upon which the vehicles or other abandoned property is located,
13 who after notice is provided in this article, does not remove the vehicle or
14 other property within the specified period then they shall be liable to the
15 City of Boynton Beach for all costs of removal and destruction of such
16 property, less any salvage value received by the local government. Upon
17 such removal and destruction, the local government officer shall notify the
18 owner of the amount owed and of the penalty provision of the section.
19
20 (3) Notification of removal to owner and other interested parties. The
21 enforcement officer, after taking possession of any motor vehicle pursuant
22 to this article, shall furnish notice in accordance with this section by
23 certified mail (return receipt requested) to the last known registered owner
24 of the motor vehicle at his last known address within fifteen (15) days of
25 the date of which possession of the motor vehicle is taken, with a copy of
26 the notice to the owner or occupant of the property from which the vehicle
27 is taken.
28
29 The enforcement officer shall also contact the Department of Motor Vehicles, State of
30 Florida, and such other agencies and departments of government in this and other states as
31 are reasonably necessary to ascertain the names and addresses of other persons with record
32 interests in the motor vehicle, including lien holders. Such other persons shall be given notice
33 in the same manner as stated in the previous section.
34
35 Notice under this section shall contain the following information:
36
37 a. Year, make, model, and serial number of the motor vehicle.
38
39 b. The name and address of the last known registered owner of the motor vehicle, if
40 available.
41
42 c. The vehicle registration number and the title registration number of the motor vehicle
43 if available.
45 d. The date on which the motor vehicle was removed.
46
S:\CA\Ordinances~'aft o~dinance\Clmpter 10 - Cra~age, Trash and Offensive Conditions.doc 34
1 e. The location from which the motor vehicle was removed.
2
3 f. The location in which the motor vehicle is being stored or in the alternative a number
4 to contact.
5
6 The notice shall also advise the persons to whom it is given that the person who is
7 entitled to possession of the motor vehicle may reclaim it upon payment to the c-C_ity of all
8 charges incurred by the c-C_ity and the removal and storage of the motor vehicle, except that if
9 such reclamation is not made within twenty (20) days after date of the notice, the right to
10 reclaim the motor vehicle as well as all right, title and interest of said person in the vehicle,
11 shall be deemed to be waived and that such person shall be deemed to have consented to the
12 disposition of the motor vehicle by the c4tyCity.
13
14 If the city-City is unable to identify properly the last registered owner of any motor
15 vehicle or if unable to obtain with reasonable certainty the names and addresses of the owner
16 or other interested parties, including lienholders, it shall be sufficient notice under this
17 section to publish the notice once in one newspaper of general circulation in the City of
18 Boynton Beach. Such notice by publication may contain multiple listings of motor vehicles.
19
20 A copy of any notice required in this section, as well as a copy of any certificate of
21 sale issue hereunder by the e_City or its designee shall be forwarded to the Division of Motor
22 Vehicles, State of Florida. (Ord. No. 87-2, § 2, 2-3-87; Ord. No. 02-033, § 1, 8-20-02)
23
24
25 Sec. 10-53. Nuisance abatement bid procedure.
26
27 The services entailed in carrying out the abatement of nuisances under this _a~a'ticle
28 may be performed by the c--C_ity or be performed by an independent contractor retained by the
29 City pursuant to the City's procurement policies and procedures.
30 ~.;,.,,~ r,;f ........ , ....f;~ _(Ord. No. 87-2, § 2, 2-3-87)
31
32
34
35
S:\CA\OrdlnancesX. draft ordinance\Chaptel l0 - Garbage, Trash and Offensive Condilions.doc 35
12 ~'
13
14
16
17
18
19 ~'
20 P~DP~SS:
21
22
36
38 by:
39
43 ..... ~ "~*;~--" --, *~'~ ~"a~;*" ~;*"~''] ......... ~.n.. . ~ ~.*:+l~a tO intemat ..~* hh~.. rote ~.~ eight ~o)x~
46
S:~A~dinan~ ~n~n~p~ 10 - ~gc, T~h ~d Offe~ivc C~fi~.d~ 36
1
2
3 ARTICLE IV. RESERVED*
4
5 *Editor's note-Ord. No. 90-16, §§ 1, 2, adopted July 3, 1990, abolished the nuisance
6 abatement board and repealed Ord. No. 90-2; hence, Art. IV, pertaining to such subject
7 matter has been deleted. Prior to deletion, Art. IV, §§ 10-55--10-61, derived from Ord. No.
8 87-39, § 1, adopted Oct. 20, 1987; as amended by Ord. No. 90-2, §§ 1 4, adopted Jan. 16,
9 1990.
10
11
12 Secs. 10-55~10-61. Reserved.
13
14
S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 37
XII. - LEGAL
CITY OF BOYNTON BEA ITEM A.4
AGENDA ITEM REQUEST L .....
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 MarCh 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon)
- ~ April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon)
~ May 4, 2004 April 19, 2004 (Noon) July 6, 2004 June 14, 2004 (Noon)
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] ' Unfinished Business
RECOMMENDATION: Approval of an Ordinance amending Chapter 2, Article IX Boynton Beach Arts Commission,
Section 2-156 of the Code of Ordinance, for purposes of clarification and consistency regarding Board composition.
EXPLANATION: When Ordinance 01-64 was passed creating the Arts Commission, although membership was to be
comprised of seven members and two alternates for three year staggered terms, there was'no mechanism provided, for
selection of first time board members. This proposed ordinance sets suggested procedure for appointment of board members
to institute the. staggered terms.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
City Auomey's Office
Department Name ~-' City Attontg}{'/~[nance / Human Resources
SABULI .ETINXI~RMSXAGENDA ITEM REQUEST FORM.DOC
~ ORDINANCE 04-0 $ I
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AMENDING CHAPTER 2, ARTICLE IX,
5 BOYNTON BEACH ARTS COMMISSION, SECTION 2-156
6 "ORGANIZATION", FOR PURPOSES OF CLARIFICATION
7 AND CONSISTENCY; PROVIDING FOR CONFLICTS,
8 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
9 DATE.
10
11 WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to amend
~2 Chapter 2-156 (c) and (d), Organization of the Boynton Beach Arts Commission, to correctly
13 reflect qualifications and appointments consistent with other Board appointments; and
14 WHEREAS, the City Commission of the City of Boynton Beach has determined that the
15 enactment of this Ordinance is in the best interests of the citizens of the City of Boynton
16 Beach;
~7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
18 CITY OF BOYNTON BEACH, FLORIDA, THAT:
19 Section 1. The foregoing Whereas clauses are true and correct and are now ratified and
20 confirmed by the Commission.
21 Section 2. That Chapter 2, Article IX. Boynton Beach Arts Commission, Section 2-156 is
22 hereby amended by adding the words and figures in underlined type, and by deleting the
23 words and figures in struck-through type, as follows:
24 Sec. 2-156 Organization.
25
26 (a) The Arts Commission ...
27
b ft th y
32 num e.r .o ew,,.g e
C:\DocmnentS and Setfines\lamannar. CITYkLocal Setfines\Tempo~-ax¥ lntemet Files\OLK120\Revised Arts [
Con~mission.docS:;C.~).Or~inr~nc~L.~.d,,mi=i~'afi:'e?.c:'i~e~ Ar~ Ccmmissi~n.~c
1 The Arts Commission shall be comprised of seven (7) permanent members, and two
2 (2) alternate members, all to be appointed by the City Commission. Of the members
3 so appointed, three (3) shall be for a term of three (3) years, two (2) shall be for a term
4 of two (2) years, and two (2) shall be for a term of one (1) year. Their successors
5 shall be appointed for a term of three (3) years. Alternate members shall be appointed
6 for a period of one (1) year. All members may be reappointed at the pleasure of the
7 City Commission at the termination of their appointment, with no limit as to the
8 number of terms they may serve.
9
10 (c) Appointees to the Arts Commission shall be ~ residents or business
11 owners preferably with the following background: Artist, art volunteer/activist;
12 planner; private developer; architect; neighborhood association member; interested
13 citizen.
14
15 (d) At the organizational meeting of the arts commission a chairperson and vice-
16 chairperson shall be selected by majority vote of the arts commission. The
17 chairperson and vice-chairperson shall be selected annually at the anniversary of the
18 first meeting of the arts commission, or at the November-May meeting of the arts
19 commission.
20
21 Section 3. Each and every other provision of the Chapter 2 of the Code of Ordinances not
22 herein specifically amended, shall remain in full force and effect as originally adopted.
23 Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict
24 with any provisions of this ordinance are hereby repealed.
25 Section 5. Should any section or provision of this Ordinance or any portion thereof be
26 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
27 remainder of this Ordinance.
28 Section 6. Authority is hereby given to codify this Ordinance.
29 Section 7. This Ordinance shall become effective immediately.
30 FIRST READING this o~o day of I~ ~f'~' [ ,2004.
31
32
33
C:~Docmnents and Settines\lamannar. C1TY~Local Settlngs\Tempomry Interact Files\OLK120~Revised Arts
CommlsSlOll.doc
1 SECOND, FINAL READING AND PASSAGE this __ day of .,
2
3 2004. .
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7 Mayor
8
9
10 Vice Mayor
11
12
13 Commissioner
14
15
16 ATTEST: Commissioner
17
18
19 City Clerk Commissioner
U:~)ocmnentS and Settinesklamannar. CITYXLocal Settings\Temporary Intemet Files\OLK120~Revised Arts
Commls$1otl.doc .... ~ ...................... l'l~ala O~
XII. - LEGAL
ITEM B.1
CITY OF BOYNTON BEAC
AGENDA ITEM REQUEST FOeuw
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 7, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon)
[] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon)
[] May4,2004 April l9, 2004 (Noon) [] July6,2004 June l4, 2004 (Noon)
[] May18,2004 May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (Noon) ~O
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Please place this request on the May 4, 2004 City Commission Agenda under Legal,
Ordinance - First Reading. The City Commission with a unanimous vote, approved under Public Hearing the proposed code
changes including those additional changes recommended by the CRA that are listed in the staffreport. For further details
pertaining to the request, see attached Department of Development Memorandum No. PZ 04-086.
EXPLANATION:
PROJECT: Mixed Use Code Review (CDRV 04-001)
AGENT: City-initiated
DESCRIPTION: Request for approval of proposed amendments to Chapter 2, Zoning, Section 6.F. Mixed
Use Zoning Districts.
PROGRAM IMPACT:
FISCAL IMPACT:
~ve~pn~en'i'Depa~an'ent Director City Manager's Signature
and Z~'-ning)di~&tor City Attorney / Finance / Human Resources
Planning
S:~Planning~SHARED\WP~SPECPROJ~CODE REVIEW'~CDRV MU-H MU-LkS. genda Item Request Mixed Use Code Review CDRV 04-001 54-04.dot
S:'~BULLETIN~ORMSLa~GENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. O4-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORDA AMENDING LAND DEVELOPMENT
5 REGULATIONS, CHAPTER 2 "ZONING", SECTION 6.F.
6 MIXED USE ZONING DISTRICTS; PROVIDING FOR
7 CONFLICTS, SEVERABILITY, CODIFICATION AND AN
8 EFFECTIVE DATE.
9
10 WHEREAS, the regulations for the Mixed Use-High Intensity (MU-H) and Mixed
i 1 Use-Low Intensity (MU-L) zoning categories were adopted on June 18, 2002. After eighteen
12 months of working with these regulations, staff has determined that minor amendments are
13 warranted to bring the regulations into closer conformance with the intent of the Federal
14 Highway Corridor Community Redevelopment Plan and to aid in their administration; and
15 WHEREAS, the City Commission, upon recommendation of staff, the Community
16 Redevelopment Agency, and the Inlet Cove Association (INCA), does deem it appropriate
17 and in the best interests of the residents of the City of Boynton Beach, to amend the Land
18 Development Regulations of the City of Boynton Beach to provide minor amendments
19 regarding the Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity (MU-L)
20 zoning categories.
21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing whereas clause is tree and correct and is now ratified and
24 confirmed by the City Commission.
25 Section2. Chapter 2. "Zoning", Section 6.F. of the Land Development
26 Regulations of the City of Boynton Beach Code of Ordinances is hereby amended by adding
27 the words and figures in underlined type, and by deleting the words and figures in struck-
28 through type, in the attached Exhibit "A".
29 Section 3. Each and every other provision of the Land Development Regulations
30 not herein specifically amended, shall remain in full force and effect as originally adopted.
31 Section 4. All laws and ordinances applying to the City of Boynton Beach in
32 conflict with any provisions of this ordinance are hereby repealed.
33 Section 5. Should any section or provision of this Ordinance or any portion
34 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
35 affect the remainder of this Ordinance.
36 Section 6: Authority is hereby given to codify this Ordinance.
37 Section 7. This Ordinance shall become effective immediately.
S:\CA\OrdinancesXLDR ChangesL4andending LDR - Chapter 2.- 6.F..doc
I FIRST READING this __ day of May, 2004.
2 SECOND, FINAL READING AND PASSAGE this __ day of
3 May, 2004.
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7 Mayor
8
9
10 Vice Mayor
11
12
13 Commissioner
14
15
16 Commissioner
17
18
19 Commissioner
20 ATTEST:
21
22
23 City Clerk
24
25
S:\CA\Ordinances~LDR Changes~ndending LDR - Chapter 2.- 6.F..doc
CHAPTER 2 ZONING Exhibit A
Sec.6. Commercial district regulations and use provisions
F. Mixed Use Zoning Districts
1. Intent and Purpose. The Mixed Use zoning Districts allow for a diversity of land
uses and accommodate and encourage a mixture of residential, office, retail, recreational, and
~.,,, ,,~ ~-~,~ u; ~,, ...... t-^.-,4,~^~ within the
other miscellaneous uses on assembled parcels .....
Communitw Redevelopment Area. All development and redevelopment shall be g,aided-by-aa
appm-ved-r.e, quire a site plan approval to be processed concurrently with the application for
The objectives of the Mixed Use zoning districts are as follows:
a. Support and enhance revitalization efforts in the City's traditional
commercial core area;
b. Create major new residential and mixed use areas in planned locations
with appropriate densities, heights, and mixtures of uses;
c. Create optimal pedestrian environments though appropriate separation
from, and design of vehicular circulation areas;
d. Allow flexibility in architectural design and building bulk; while
maximizing compatibility and harmony with adjoining development within the redevelopment
area;
e. Create surrounding areas that complement rather than compete with the
downtown;
f. Create higher quality environments for residents, businesses, employees,
and visitors.
2. Zoning Districts. The Mixed Use zoning districts shall be applied to selected
geographic areas east ofi-95, identified on the City's Future Land Use Map, where a mixture of
uses and building densities is intended to carry out elements of the city's redevelopment plans,
including goals in employment, population, transportation, housing, public facilities, and
environmental quality. Regulations for the planning areas are implemented through two zoning
districts: Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity (MU-L). Permitted
uses and associated standards for development vary between the zoning districts, each reflecting
the importance of the district's location and its relationship to the downtown. Heights, densities
and intensities of development are regulated according to the classification of the roadway along
the frontage of the property.
A Mixed Use zoning district may be located only on lands designated Mixed Use (MX) or Mixed
Use-Core (MX-C) on the City of Boynton Beach Future Land Use Map.
3. Subdistricts established.
a. MU-H (Mixed-Use-High Intensity) Zoning District.
(1) Upon adoption of the Mixed Use-Core (MX-C) land use
classification, this zoning district shall only be applied to lands classified as Mixed Use-Core
(MX-C) on the Future Land Use Map.
(2) The MU-H district is appropriate for developments that provide for
high density residential in addition to retail commercial and office uses.
1
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(3) The district allows a maximum height of one hundred-fifty (150)
feet and a residential density of 80 dwelling units per acre, provided that all new developments
within this district that t~ont on streets designated as "arterial" or "collector" roads~ways on the
"Functional Classification of Roadways Map" contain a mixture of retail, office and/o__r
residential uses arranged either vertically or horizontally.
b. MU-L (Mixed-Use-Low Intensity) Zoning District.
(1) In order to complement the revitalization efforts in the City's
commercial core, the MU-L zoning district shall only be applied to lands peripheral to the
downtown and classified as Mixed Use (MX) on the Future Land Use Map.
(2)The MU-L district is appropriate for low- to mid-rise developments that
provide for medium density residential uses.
(3) The district allows a maximum height of seventy-five (75) feet and
a residential density of 40 dwelling units per acre for mixed use projects.
(4) Building heights between seventy-five (75) feet and one hundred
(100) feet may be permitted if reviewed as a conditional use.
(5) The review of these applications will emphasize aesthetics and
design quality, and physical compatibility with adjacent land uses.
(6) All new ~ developments within this district that contain a
mix of uses shall fi:ont on streets designated as "arterial", "collector", or "local co!lector"
roads~ways" on the "Functional Classification of Roadways Map" and shall contain a mixture
of retail commercial, office and/o__rr residential uses, which may be arranged either vertically or
horizontally.
(7) Height restrictions and densities may be further limited in certain
geographic areas to further applicable redevelopment plans.
4. ~Uses.
a. The following table identifies the permitted, restricted and prOhibited uses
within the Mixed Use Zoning Districts.
b. Uses are classified as Permitted "P", Conditional "C" or Not Permitted
c. Uses permitted with restrictions are followed by a numeral that
corresponds to a footnote below the table. Each footnote explains restrictions associated with the
use.
d. The Planning and Zoning Director or designee shall have the discretion to
approve uses that are not specifically listed but are similar to uses that are expressly permitted
provided, however, such uses are not expressly identified as conditionally permitted or not
permitted in any zoning district within the City.
2
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TABLE 6F-1
[SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES
USE GROUP/USE MU-L ZONE MU-H ZONE
Residential or Lodging Use Group
Bed and Breakfast C N
Boutique Hotel N C_~
Hotel C P
Home Occupation P P
Mobile Home N N
Motel N N
Residential, Single Family Detached P N
Residential, Single Family Attached P laC_
Residential, Multi-Family P P2/C~-
Boarding and Rooming House N N
(except where provided by state law)
Accessory Unit P N
Live/work Unit pt~ p~
Community Facilities Use Group MU-L ZONE MU-H ZONE
Government Office/Civic Center/Library GP t~_
Recreation (outdoor) P N
Museum P P
House of Worship P~ N-P ~'~
Police or Fire-Rescue Station p4 p
Postal Center (retail sales only) C ~,0 C -~'-~
Post Office P P-~
Public Park P P
Public Parking Lot or Garage P P
Office Use Group* MU-L ZONE MU-H ZONE
* Not encouraged as a first floor use in thc MU-H Zone
Bank/Financial Institution GP
Medical or Dental Office or Clinic
Physical Therapy Clinic
Professional Business Office P~ P-~
Veterinary Office or Clinic pO N
Sales and General Commercial Use MU-L ZONE MU-H ZONE
Group*
* Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways.
Alcoholic Beverage Package Store pO pO
Ammunition or Firearm Sale or Rental N N
Animal Boarding or Kennel C--P_~° N
Animal Grooming P-~ P-~
Animal Sales N N
3
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USE GROUP/USE MU-L ZONE MU-H ZONE
Sales and General Commercial Use MU-L ZONE MU-H ZONE
Group*
Antique Store/Fine Arts Antique Auction p_~
Antique Mall/Flea Market N N
Arts, Crafts, Hobby and Framing p-° p-~
Auction House N N
Automotive Parts Sales N N
Automobile Sales with Display p~2 p~2
Bakery, Retail
Boat/Marine Sales/Rental N p~
BoaffMarine Accessories p~,
Bookstore p0
Building Supplies or Materials N N
Bus Terminal N NC_
New Clothing, Shoes or Accessories pO p6
Boutique
Contractor's Office/Equipment Storage N N
Coffee Shop pO p6
Convenience Store p~, pO
Custom Home Furnishings p6 pO
Cyber-caf6 pO p6
Delicatessen pO pO
Dive Shop and Instruction as Accessory Use pO p
Drug Store or Pharmacy pn p3
Gasoline Sales with/without Vehicle Service Cw N
Grocery Store, Supermarket pV p7
Florist pO
Hardware Store po pO
Health Food Store pO pO
Home Improvement Centers N N
Lumber Yard N N
Marina C C
Newsstand pO p6
Outdoor Storage or Display N N
Parking Lot for Commercial Vehicles N N
Parking Lot or Garage, Private Ownership C C
Personal Watercraft Sales, Rental, Service, P~2 P~'
Parts or Repair
Photographic Studio and Photographic
Supplies
Restaurant, w/Drive Thru N N
Restaurant, Sit-Down GP._~~ P~'
Specialty Foods and Confections pO pO
Sporting Goods pO p~,
Tobacco and Accessories pO pO
4
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USE GROUP/USE MU-L ZONE MU.H ZONE
Sales and General Commercial, cont'd MU-L ZONE MU-H ZONE
Vehicle or Marine Customizing, Detailing, N N
Service, Parts or Repair
Vehicle or Marine Trailer Sales, Rentals, N N
Service, Repairs and Storage
Video Rental pO pO
Wholesale/Warehouse/Distribution N N
Service Use Group* MU-L ZONE MU-H ZONE
* Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways.
Barbershop/Beauty Salon/Day Spa p6 pO
Dance Studio pO p6
Dressmaker or Tailor pO pO
Drycleaner p6,8 pO,8
Fitness/Health Club Gp_~6 pO
Funeral Home N N
Hospital N N
Labor Pool Establishments N N
Laundromat pO N
Medical Outpatient Facility GP~ GP_~~
Nursery, Preschool or Child Daycare pO N
Nursing or Convalescent Home N N
Photocopy center pO pO
Self-Storage or Mini Warehouse NC~4 N
Shoe Repair p~ pO
Soup Kitchens,/Substance abuse Centers/ N N
Shelters/Half-way Houses
Tattoo Parlor/Body Piercing N N
Entertainment Use Group* MU-L ZONE MU-H ZONE
* Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways.
Adult Entertainment N N
Bar, Cocktail Lounge C-~ P~-
Billiard Club/Bowling Alley/Indoor C_~ pO
Recreation Facility
Bingo Hall N N
Fortune Teller N N
Movie Theater N C3
Night Club N C
Performing Arts Theater NC P
Private Clubs, Lodges and Fraternal Ct' C-6
Organizations
Accessory Use MU-L ZONE MU-H ZONE
Drive-Thru Facility (other than accessory C9 N
use to financial institutions and restaurants)
5
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Restriction Notes:
~ Must be an integral part of a mixed-use development comprising a maximum of 30
percent of the gross floor area of the entire development.
2 For those with frontage on an arterial road, allowed as a permitted use if the ground level
floor fronting the arterial is devoted to office or retail uses. Otherwise, use is a
conditional use.
3 Use shall be subject to the following distance separation requirements fi'om similar uses,
measured in a straight line, using the shortest distance between property lines:
For uses with less than 5,000 square feet of gross floor area, 750 feet.
For uses with a gross floor area equal to or greater than 5,000 gross square feet, 1,500
feet.
4 Subject to setback and buffering requirements as recommended by the Technical Review
Committee.
5 Maximum gross square footage of structure shall not exceed 2,500 square feet. Storage
of postal vehicles prohibited.
6 Must be integrated into a commercial or mixed use development and not exceed 30
percent of the gross floor area of the entire development, constructed within the same
structure as the remaining commercial or mixed use development.
7 Gross floor area of grocery store must be a minimum of 15,000 square feet and a
maximum of 30,000 square feet.
8 On-site drop-off and pick-up only.
9 Drive-thru facility, including stacking lanes, must be screened from public right-of-way
and requires conditional use approval. Ingress/egress shall not be fi.om/to an arterial
roadway.
l0 Shall comply with provisions of Chapter 2, Sec. 11.L., pertaining to retail sale of gasoline
or gasoline products.
l 1 Not permitted on property with Federal Highway Frontage in the MU-L Zone unless
consistent with restriction note number six (6).
12 Indoor storage/display shall not exceed 10,000 square feet.
13 In conjunction with a permitted marina use. Storage/display allowed only in wet docks or
indoor not to exceed 10,000 square feet.
14 See Section 14 for regulations.
L_s See Section 15 for regulations.
6
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5. Building and site regulations.
Minimum Parcel Size I MU-L ZONE MU-II ZONE
Residential Or Lodging Use Group
Hotel --- 3 1 acre*
*or is part of a mixed use development of at least 3 1 acres.
Residential, Single Family Detached 5,000 sq. ft. ---
Residential, Single Family Detached w/Accessory Unit 7,500 sq. ft. ---
Residential, Single Family Attached {Duplex) 7,500 sq. ft. ---
Residential, Single Family Attached (Townhome) 2,500 sq.ft./unit 65,000 sq. ft.
Residential, Multi-Family 15,000 sq. ft. 20,000 sq. ft.
Community Facility Use Group
Public Park no minimum no minimum
All other Uses 10,000 scI. ft 10,000 scI. ft,
Minimum Living Area MU-L ZONE MU-H ZONE
Single Family Detached 1,000 sq. ft. ---
All other Residential 750 sq. ft. 650* sq. ft.
Accessory Apartment 750 sq. ft. ---
* Size of all units must average !,000 850 sq. ~.
Minimum Lot Frontage MU-L ZONE MU-H ZONE
Residential Or Lodging Use Group
Residential, Single Family Detached 50 ft. ---
Residential, Single Family Attached (Duplex) 75 ft ---
Residential, Single Family Attached (Townhome) 25 ft/trait ---
Residential, Multiple-Family 100 ft. 100 ft.
All Other Uses 100 ft. 100 ft.
Maximum Height MU-L ZONE MU-H ZONE
Residential Or Lodging Use Group
Residential, Single Family Detached 35 ft. ---
Residential, Single Family Attached (Duplex) 35 ft ---
All Other Uses
Locational Requirements for Height~ Densi~ and Floor Area Ratio Apply
Type Of Zoning Districts
Roadway MU-L ZONE MU-H ZONE
Frontage Height! Densi ,ty FAR2 Height~ DensiW, FAR2
Arterial 753-1003,n ft 40 du/ac 1.5-2.0 150 ft.3' 80 du/ac 4.0
Collector 45-75~ ft 20-40 du/ac 1-1.5 150 ft.! 80 du/ac 4.0
Local Collector 45 ft 20 du/ac 1.0 NO NO NO
Local NO NO NO NO NO NO
1. Minimum Height on any street frontage is 35 feet.
2. Includes all habitable space, including residential units, (excluding parking structures)
7
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3. Maximum height of front facade is 45 ft. above which building must step back a minimum 10 ft. of
st,.v ..... for eve~ each additional 50 ft. of height.
4. May increase to ~e _nv;...~_..~...~, ..... :ubject to. v~..,~,~,...v~'~;'4~ ~ n..2n/_~e above 75 ft. and up to 100 ft.,
subject to conditional use approval to ensure design and land use incompatibilities.
Multiple story buildings are encouraged within the Federal Highway Corridor District,
particularly along arterial roadways. The intent of this provision is to create the appearance of,
or simulate the intensity of, a minimum two (2)-story building.
MINIMUM PERVIOUS AREA MU-L ZONE MU-H ZONE
Community Facility Use Group
Public Parking Lot or Garage --- 15%
Residential Or Lodging Use Group
Residential, Single Family Detached 40% ---
Residential, Single Family Attached 30% 30%
All Other Uses 20% 15%
FRONT YARD SETBACK MU-L ZONE MU-H ZONE
Residential Or Lodging Use Group
Residential, Single Family Detached build to line 10 ft.~ __.
Residential, Single Family Attached build to line 10 ft.~ __.
Residential, Multi-Family build to line 10 ft.z 0-15 ft.
All Other Uses including mixed use with a single-family 0 ft or 10 ft~ 0 ft ti, 4015 ft'~
attached component--build-to line
~ Porches may be placed forward of the build to line and shall maintain a minimum 2 foot
setback fi:om any public sidewalk. Porches shall be placed outside of clear sight triangle.
Minimum setback for a garage facing or accessing the street is 20 feet.
2 Projecting feature(s) such as awnings, balconies, porches and/or stoops ~k. all may be
placed forward of the build-to line and shall maintain a minimum 2-foot setback from any
public sidewalk.
3 One or more projecting feature(s) such as awnings, balconies, colonnades porches and/or
stoops required forward of the build-to line and shall maintain a minimum 5-foot clearance
fi:om any vehicular use area. Elements projecting over a pedestrian walkway shall allow a
minimum 9-foot vertical clearance and 5 foot horizontal pedestrian clearance.
4 Where intent is to widen pedestrian walkway in compliance with Section 9.(d) Landscaping
(below).
SIDE YARD MU-L ZONE MU-H ZONE
Residential Or Lodging Use Group
Residential, Single Family Detached, Interior 6 ft. ---
Comer 15 ft ---
End 10 ft. ---
Residential, Single Family Attached (Duplex) Comer 15 ft. ---
Residential, single Family Attached (Townhomes) End 10 ft ---
Comer 15 ft.
Residential, Multi-Family 20 fl~ 0 ft:
8
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Ail Other Uses
Adjacent to Residential Single Family Attached or 25 fi. ~ 0 fi.
Detached in the MU-L Zone
Adjacent to Other Uses 0 fi. ~ 0 fi.
1 plus one additional foot for each foot of height over 45 fi. where adjacent to an existing
single-family detached dwelling, less width of right-of-way.
REAR YARD MU-L ZONE MU-H ZONE
Residential Or Lodging Use Group
All Residential, Where Yard is Adjacent to
Intracoastal Waterway 25 ft. 25 ft.
Residential, Single Family Detached 7.5 ft. ---
Residential, Single Family Attached 7.5 ft. ---
Residential, Multi-Family 25 ft. 2 0 ft. ~
All Other Uses
Where Yard is Adjacent to Intracoastal Waterway 25 ft. 0 ft.~
Where Yard is Adjacent to Residential Single Family 25 ft. 2 25 fr. 2
Attached or Detached
Where yard is Adjacent to All Other Uses 0 ft. ~ 0 ft. ~
~ subject to requirements of any permitting agency having jurisdiction over construction
abutting the Intracoastal Waterway.
2 plus one additional foot for each foot of height over 45 ft. where within or abutting the
MU-L Zone
3 Fifteen (15) feet abutting a street, 10 feet abutting an alley.
6~ Rezoning of Single-family Residential Zoning Districts to Mixed Use Zoning
Districts. All requests for rezoning from any single-family residential district to a mixed use
zoning district shall be subiect to the following additional requirements:
· Height, density and intensitY of development based on the roadway frontage;
· Ratio of lot frontage to depth that is no more than 1 foot (frontage) to 1.25 foot
(depth);
· Vehicular access to the property located to minimize impacts on adjacent single-
family developments and meet safety standards; and,
· Landscape barriers provided, in accordance with the landscape regulations of this
code, where the rezoned property abuts single-family residential zoning.
6_7. Mixed Uses.
a. Buildings containing residential and non-residential uses arc required
within the MU-H zoning district for all properties fronting on arterial roadways, and permitted
and encouraged, within the MU-L zoning district._ ~,w,~ Mixed usc structures are subject to the
same development standards as "all other uses."
b. Residential uses within mixed-use structures shall not be located on the
ground floor, which shall be reserved for nonresidential uses.
9
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c. Nonresidential uses within mixed residential/nonresidential structures
shall be evaluated for their compatibility with residential uses located on upper floors, and shall
demonstrate compatibility based upon use-type, construction materials, floor plan and site layout,
and other factors as determined appropriate given the type of use.
g8. Building Placement, Massing & Orientation. Structures fronting on arterial
roadways within the MU-H and MU-L Zones shall occupy the entire width of the parcel they are
located upon, notwithstanding comer side setbacks and clearance needed for a drive that may be
required to access the rear of the property.
9. Access. Within the MU-H and MU-L Zones, vehicular access to parking shall not
be directly from an arterial roadway, if an alternative is available.
$10. Landscaping
a. MU-H District.
(1) Trees. All new construction in the MU-H District shall provide
shade trees in the streetscape.
· The trees selected shall be consistent with the established theme of
the street, where appropriate. The City Forester will provide
consultation on appropriate species.
· Trunks shall be a minimum four (4) inch caliper and provide seven
(7) feet of vertical clearance for visibility.
· In instances where canopies of overhangs make it infeasible to
plant trees, alternative means of providing landscaping for the
sidewalk shall be utilized.
· Upon inspection by the City Forester, any trees found to be in
declining condition shall be replaced within thirty (30) days.
(2) Tree Spacing
· Trees shall be regularly spaced.. The spacing of the trees shall be
20-25 feet on center.
· Spacing may be modified by factors such as the placement of
utilities, by property access points, sight lines at comers or by comer
conditions.
· Tree placement shall match the existing pattern, where approPriate.
· Tree guards, fabricated to City specifications, shall be placed
adjacent to the curb, where feasible.
(3) Tree Irrigation
· Irrigation systems shall be installed to service all trees and other
landscape materials.
· Irrigation systems shall be in operable condition at all times.
(4) Sidewalks
· All new construction in the MU-H District shall provide new
sidewalks.
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· Sidewalks constructed along arterial roadways shall be a minimum
of ten (10) feet wide, measured from the rear of curb.
· Sidewalks shall, where practical, be Holland-Stonepavers,
red/charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S
herringbone pattem to continue the design elements in place along
Federal Highway.
(5) Flower Containers
· To add color and soften sidewalk paving with plants, flower
containers containing blooming annuals or perennials
to shall, where practical, be planted and maintained along facades of
new building fronting on arterial roadways in the MU-H District.
911. Parking Requirements. Parking requirements for both the MU-H and MU-L
zoning districts shall be as set forth by Chapter 2, Section 11H, of the Boynton Beach Land
Development Code. Chapter 2, Section 11.I shall apply only to the MU-H zoning district.
a. On-site parking facilities shall be located to the rear or side of the structure
they are intended to serve and screened from view from public streets, notwithstanding other
provisions of these regulations that require a specific residential automobile garage setback, and
paragraphs 8d. and 8e. below, permitting understory parking and regulating parking garages.
The intent of this provision is that parking facilities not be prominent as viewed from the street(s)
that serve(s) as the main orientation for the principal building(s), in order to emphasize buildings
and pedestrian features and de-emphasize parking facilities. In order to best achieve this
objective, rear parking is preferable to side yard parking. Access to parking shall be from side
streets not serving as the principal structure's main frontage when possible in order to minimize
vehicle/pedestrian conflicts along sidewalks resulting from driveway crossings.
b. Mixed-use developments may utilize the following parking requirements
based upon shared parking with different hours of use. The total requirement for off-street
parking spaces shall be the highest of the requirement of the various uses computed for the
following five (5) separate time periods: weekdays (daytime, evening), weekends (daytime,
evening) and nighttime. For the purpose of calculating the requirement of the various uses for
the various separate time periods, the percent of parking required shall be:
Weekday Weekend
Daytime Evening Daytime Evening Nighttime
(6 a.m.- (5 p.m.- (6 a.m.- (5 p.m.- (Midnight-
5 p.m.) midnight) 5 p.m.) midnight) 6 a.m.)
(Percent) (Percent) (Percent) (Percent) (Percent)
Office 100 10 10 5 5
Retail 75 75 100 70 5
Lodging 75 100 75 100 75
Restaurant 50 100 100 100 10
Entertainment 40 100 90 100 10
Residential 60 100 100 100 100
(Source: Urban Land Institute "Shared Parking", 1983)
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c. Freestanding parking garages as part of a mixed use development are
permitted within the MU-H Zone only. Within the MU-H Zone, freestanding single-use parking
garages shall not exceed 75 feet in height, and shall not have direct fi'ontage on Boynton Beach
Boulevard, Ocean Avenue or Federal Highway unless the portion' of the garage abutting said
streets contains storefronts, restaurants or other permitted nonresidential uses on the first floor.
The intent is to border or wrap the garage in storefronts and other permitted habitable floor area to
a minimum depth oftwenW (20) feet, so as to disguise the garage and create continuity in street-
level activity by maintaining interest for pedestrians and passing automobile traffic. Principal
structures that include parking garages shall be designed to blend the architecture of the garage
with the remainder of the structure to create the illusion that the garage is habitable floor space.
d. Parking garages that are incorporated into the same structure as a principal
building, including structures providing parking on lower floors and habitable space on upper
floors, are permitted within the MU-H and MU-L Zones. Understory parking (on the first floor
of a structure) is permitted throughout the MU-H and MU-L Zones for multiple-floor buildings.
Such first floor parking areas, abutting on arterial roadways, are required to be developed for
commercial uses to a minimum depth of twenty (20) feet. All other visible sides of the parking
structure shall be screened from view by a living trellis (utilizing climbing vines) and/or
architecturally articulated faqade designed to screen the parking area.
e. In order to increase the efficiency of parking provision and vehicle
circulation, parking facilities shall be interconnected whenever possible. Parking facilities shall,
wherever feasible, be designed for future connection to an adjoining parcel where an existing
connection cannot be established.
11__~. Dumpster Location. Dumpsters shall be adequately screened from view in a
manner compatible with the surrounding environment.
12___~. Circulation. Development sites with frontage on Federal Highway, Ocean
Avenue and Boynton Beach Boulevard shall be designed to discourage mid-block street
crossings on these streets.
13_~. Signage. Chapter 21 shall govern signage within the Federal Highway Corridor
District, Signs, of the Boynton Beach Land Development Code.
storage Design Requirements.
a. Location o_fself-storage use. Self-storage uses shall only be allowed above
the first floor in a mixed-use structure.
b. Ground-floor retail uses required. Street frontages of the ground floor area
shall be devoted to one or more principal retail and office uses, not related to
the self-storage use, to a depth of at least twenty (20) feet.
c. Access to self-storage_facilities. Access to self-storage use portion of the
structure shall not be from/to an arterial roadway and must be screened from
public right-of-way.
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d. Design of buildings. Buildings shall be designed to have the appearance of a
multi-story retail, office and/or residential structure through the use of
windows, shutters, and appropriate building elements on the upper floors.
15. Live/Work Unit Requirements.
a. Minimum Floor Area. The minimum floor area of a live/work unit shall be
one thousand (1,000) square feet.
b. Permitted_floor Area. No more than 30% or four hundred (400) square feet,
whichever is greater, of the live work unit shall be reserved for living space,
including kitchen, bathroom, sleeping and storage areas. The rest of the gross
floor area of each unit shall be reserved and regularly used for working space.
c. Separation Required. Each live/work unit shall be a separate unit fi.om other
uses in the building. Access to each live/work trait shall be provided fi.om
common access areas, common halls or corridors, or directly fxom the exterior
of the building.
d. Parking. Each live/work unit shall be provided at least two and one half (2 ½)
parking spaces.
e. Permitted Work Activity. The work activity in a building where live/work
units are allowed shall be any use permitted by right in the zoning district,
except that in order to protect the health and safety of persons who reside in a
live/work unit, no work activity shall be permitted that by virtue of size,
intensity, number of employees or the nature of the operation, has the
potential to create significant impacts by reason of dust, glare, heat, noise,
noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be
hazardous by way of materials, process, product or wastes.
f. Occupational License Required. At least one occupant resident of an
individual live/work unit shall maintain a current occupational license for a
business located in that unit.
g. No Separate Sale or Rental o_f Portions o_f Unit. No portion of a live/work unit
may be separately rented or sold as a commercial space for a person or
persons not living in the premises or as a residential space for a person not
working in the same trait.
h. No Conversion o_f Units. No live/work unit shall singly be changed to
exclusively commercial or exclusively residential use. No conversion of all
live/work units in a single structure to exclusively residential use shall be,
where the work portion of the units is the only commercial use in a project,
nor shall conversion to exclusively commercial use be permitted where the
live portion of the units is the only residential use in a project.
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4416. Definitions. The following are supplement definitions applicable only to the
Mixed Use Zoning Districts, and therefore take precedence over definitions in other portions of
the Code in case of conflict.
Accessory apartment: a habitable living unit added to or created within a single-family
dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation.
Accessory apartments shall comprise no more than twenty-five percent (25%) of the total floor
area of the single-family dwelling and shall in no case be more than 750 square feet.
Antique shops or Auction house: any premises used for the retail sale,_ov trading or auction of
articles of which eighty percent (80%) are over fifty (50) years old or have collectible value.
Antique shop or auction house does not include "secondhand store or auction of used
merchandise".
Child Care: an establishment that provides care, protection and supervision for children on a regular
basis away from their primaW residence for less than 24 hours per day. The term does not include
facilities operated in conjunction with an employment use or other principal activity, where children are
cared for while parents or custodians are occupied on the premises or in the immediate vicinity.
Coffee house: an informal caf6 or restaurant primarily offering coffee, tea, and other non-
alcoholic beverages, and where light refreshments and limited menu meals may also be sold.
Convenience Store: a small store near a residential area that stocks food and general goods and
is open all or most of the day and night.
Custom furnishings: home furniture and decorative objects built to a buyer's specifications.
Cyber caf& a coffee house that provides patrons with computer terminals for browsing the
Internet for a fee.
Day Spa: Spa facilities that have no overnight accommodations, but offer (an array of spa
treatments administered by licensed and certified spa technicians) beauty, wellness and
relaxation programs that may last from a few minutes up to a full day.
Fitness/Health Club: A commercial recreation and entertainment facility or private club which has as
a PRINCIPAL USE a gymnasium, swimming pool or other sports facility and which may offer massages,
whirlpool baths, steam rooms, saunas or medical facilities as ACCESSORY USES to the PRINCIPAL
USE.
Fortnne-teller/Psychic: somebody Person who makes predictions about the future through
methods including astrology, palm reading, psychic abilities, crystal balls, tarot cards, or
examining tea leaves.
Half-way House: A residential facility used to house individuals being transitioned from penal
or other institutional custody 'back into the larger society.
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Hotel: A building or portion thereof containing twenty (20) or more guest rooms, efficiency
units or suites designed for the temporary lodging of transient guests rented on a daily basis and
occupied for less than thirty (30) days. Ancillary_ facilities may include conference facilities,
restaurants, bars, recreation facilities, ballrooms, banquet rooms and meeting rooms. Access to
the guest quarters shall be through an inside lobby and corridors or fi:om an exterior court which
is within a secured area.
Hotel, Boutique: A small luxury hotel containing ten (10) to ~ twenty (20) guest
rooms. Meal service is usually breakfast only, but in some instances high-quality dinner and/or
lunch service and room service may also be provided.
Hotel, Extended Stay: Any all-suite hotel that provides visitors with a full kitchen and more
than 5% of its rooms are occupied for at least thirty (30) days and no more than one hundred and
eighty (180) days.
Landscaped Area: Open space area not occupied by any structures or impervious surfaces, and
landscaped with vegetative material and ground covers pursuant to the Boynton Beach
Landscape Code.
Live/Work Unit: A commercial unit with incidental residential accommodations occupying one
(1) or more rooms or floors in a building primarily designed and used for commercial occupancy
and providing, 1. adequate working spaced reserved for commercial use and regularly used for
such purpose by one (1) or more persons residing in the trait; and, 2. living space containing, but
not limited to, a sleeping area, food preparation area with reasonable work space and a full
bathroom.
Medical outpatient facility: an establishment where patients who are not lodged overnight are
admitted for examination and treatment by a group of physicians, dentists, or other health care
professionals.
Mixed Use Development: a combination of two or more uses on a single parcel, tract or
development pod. In the Mixed Use-High zoning district this shall consist of a structure or series
of structures containing ~'o~:nd ~oor retail ~ wi~ office uses and/or ~ous/ng above
residential uses arranged vertically. In the Mixed Use-Low Intensity and Suburban Mixed Use
zoning district__s, mixed-use can refer not only to uses within single buildings, but to different
uses mixed in close proximity in a single development.
Motel: A building or group of buildings designed to provide sleeping accommodations for
transient or overnight guests. Each building shall contain a minimum of ten (10) residential units
or rooms, which generally have direct access to a parking lot, street, drive, court, patio, etc.
Newsstand: a stall, booth or store where newspapers and magazines are sold.
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Package liquor store: an establishment where alcoholic beverages are dispensed or sold in
sealed containers for consumption off the premises.
Recreation and Entertainment, Indoor: an establishment offering recreation and entertainment to
the general public within an enclosed building. Such uses include movie theaters, bowling alleys, skating
rinks, pool and billiard halls, game arcades (pinball, computer), fimess centers, dance studios, court sports
and swimming pools.
Residential, Multi-Family: A building containing three (3) or more dwelling units that cannot
be classified as single-family attached.
Residential, Single Family Attached: Two (2) or more one-family dwellings attached by
common vertical firewalls, whereby each unit has its own front and rear access to the outside,
and no trait is located over another trait. Examples of single-family attached dwellings include
duplexes and townhomes.
Shelter: A facility, which is not a hotel or motel, used primarily for providing flee or very low-
cost short-term lodging for individuals who would otherwise be homeless.
Soup Kitchen: A facility providing free or very low-cost meals or distributing free or very low-
cost pre-packaged foodstuffs to the public as part of a charitable activity, program or
organization.
Substance Abuse Center: A facility used primarily for the treatment of individuals for alcohol
or drug abuse.
Theater: A building or outdoor structure expressly designed for the presentation of plays,
operas, music concerts, motion pictures, etc.
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DEVELOPMENT DEPARTMENT
PLANN]:NG AND ZONI'NG DI'V'J:SZON
MEMORANDUM NO. PZ 04-086
TO: Mayor and City Commission
FROM Dlc;~
Senil~Pl~r
THROUGH: Michael W. Rumpf
Director of Planning and Zoning
DATE: April 14, 2004
SUB.1ECT: CODE REVIEW CDRV 04-00!
Mixed Use Zoning Districts (MU-H/MU-L)
PRO3ECT DESCRIPITON
Project: Proposed amendments to the Zoning Regulations for Mixed Use-High Intensity
(MU-H) and Mixed Use-Low :Intensity (MU-L) zoning categories.
Agent: City of Boynton Beach
Location: Federal Highway Corridor segment between the Boynton (C-16) Canal on the
north and Woolbright Road on the south, and lying between the Zn~racoastal
Waterway on the east and the right-of-way of the Florida East Coast (FEC)
Railway on the west.
NATURE OF REOUEST
The regulations for the Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity (MU-L)
zoning categories were adopted on .lune 18, 2002. After eighteen months of worldng with these
regulations, staff has determined that minor amendments are warranted to bring the regulations
into doser conformance with the intent of the Federal Hiqhway Corridor Commun/b/
Redevelooment Plan and to aid In their administration.
The spedfic locations where these district regulations may be applied am generally described as
lands currently designated as Mixed Use (MX) and Mixed Use-Core (MXC) on the City's Future
Land Use Map.
ANALYSZS
The proposed amendments to th(½ Mixed Use zoning districts include recommendations from City
staff, from a workshop and two public hearings held by the Community Redevelopment Agency
and from the [nlet Cove Association (ZNCA). These indude changes to the following sections:
Section 6.F.4-Table 6F-1 ,~;hedule of permitted, princinal, Accessory and Conditional
Uses.
· Live-Work Units have been added as permitted uses in both zoning districts.
Page 2
CDRV 04-00!
Mixed Use-High/Mixed Use-Low
· Self-storage or Mini Warehouse use has been made a condiUonal use in the MU-L
disbtct.
· Supplemental regulations are provided for the addiUonal uses (6.F.:[4 and 6.F.:15) to
address location, design and other related aspects. It should be noted that, with
the proposed changes, the majority of permitted uses would be required to be
integrated into a mixed use project.
· Boutique Hotel has been added as a "Conditional Use" in the MU-H district and
required to be a part of a mb<ed use project. A deflniUon has also been added for
the use.
· Marina has been added as a ``Conditional Use" in both districts.
· Numerous uses have been reclassified from "Conditional`' to "Permitted", based on
the Code's definition of ``Conditional Use".
Section 6F.5 Buildina and site reaulaflons.
· Locational Requirements for Height, Density and Floor Area Ratio have been added
for all uses except "Residential, Single-Family Detached" and ``Residential, Single-
Family Attached (Duplex)". These requirements affect Townhouses and MulU-family
developments, as well as all Mixed-Use projects.
Section 6F.6 Rezonina of Sinale-familv ResidenUal Zonin. Districts to Mixed Use
Zonino Districts has been added, providing additional requirements for these requests to
ensure greater compatibility with existing single-family development.
Additional recommendaUons from the CRA, which have not been added, indude:
· Making "Performing Arts Theater" a conditional use in the MU-L district as it now is in
the MU-H district.
· Adding ``Fine Arts Auction House" as a permitted use in the MU-H district.
· Redudng the minimum parcel size for a Hotel from 3 acres to ! acre.
· Redudng the average size of minimum living area for"All other Residential`' from
1,000 square feet to 850 square feet.
Staff will draft standards and a definiUon for "Fine Arts Auction House".
JRECOMMENDATION
Staff recommends that the subject text amendments be approved as the proposed amendments
to the zoning code, and request direction from the Commission relative to those changes listed
above that are not reflected in the attachment.
Exhibits
S:\PLANNING~SHARED\WP~SPECPRO3\CODE REVIEV~CDRV MU-H HU-L~N-rAFF REPORT REVISED 4-14-04.DOC
CHAPTER 2 ZONING Exhibit A
Sec.6. Commercial district regulations and use provisions
F. Mixed Use Zoning Districts
1. Intent and Purpose. The Mixed Use zoning Districts allow for a diversity of land
uses and accommodate and encourage a mixture of residential, office, retail, recreational, and
other miscellaneous uses on assembled parcels,......~,-'~,--~ '~'~..., ~r'~`4 ~.,.,,.,~,,... ---r:,---u; ~, ...... .., Corv~dor within the
Community Redevelopment Area. All development and redevelopment shall b~ guided-by-an
approved-require a site plan approval to be processed concurrently with the application for
rezon n ......... ~ ............. v ................ v ....... , ..............
The objectives of the Mixed Use zoning districts are as follows:
a. Support and enhance revitalization efforts in the City's traditional
commercial core area;
b. Create major new residential and mixed use areas in planned locations
with appropriate~densities, heights, and mixtures of uses;
c. Create optimal pedestrian environments though appropriate separation
from, and design of vehicular circulation areas;
d. Allow flexibility in architectural design and building bulk; while
maximizing compatibility and harmony with adjoining development within the redevelopment
area;
e. Create surrounding areas that complement rather than compete with the
downtown;
f. Create higher quality environments for residents, businesses, employees,
and visitors.
2. Zoning Districts. The Mixed Use zoning districts shall be applied to selected
geographic areas east o_f 1-95, identified on the City's Future Land Use Map, where a mixture of
uses and building densities is intended to carry out elements of the city's redevelopment plans,
including goals in employment, population, transportation, housing, public facilities, and
environmental quality. Regulations for the planning areas are implemented through two zoning
districts: Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity (MU-L). Permitted
uses and associated standards for development vary between the zoning districts, each reflecting
the importance of the district's location and its relationship to the downtown. Heights, densities
and intensities of development are regulated according to the classification of the roadway along
the frontage of the property.
A Mixed Use zoning district may be located only on ]ands designated Mixed Use (MX) or Mixed
Use-Core (MX-C) on the City of Boynton Beach Furore Land Use Map.
3. Subdistricts established.
a. MU-H (Mixed-Use-High Intensity) Zoning District.
(1) Upon adoption of the Mixed Use-Core (MX-C) land use
classification, this zoning district shall only be applied to ]ands classified as Mixed Use-Core
(MX-C) on the Future Land Use Map.
(2) The MU-H district is appropriate for developments that provide for
high density residential in addition to retail commercial and office uses.
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(3) The district allows a maximum height of one hundred-fifty (150)
feet and a residential density of 80 dwelling units per acre, provided that all new developments
within this district that front on streets designated as "arterial" or "collector" roads~ways on the
"Functional Classification of Roadways Map" contain a mixture of retail, office and/o._r_r
residential uses arranged either vertically or horizontally.
b. MU-L (Mixed-Use-Low Intensity) Zoning District.
(1) In order to complement the revitalization efforts in the City's
commercial core, the MU-L zoning district shall only be applied to lands peripheral to the
downtown and classified as Mixed Use (MX) on the Future Land Use Map.
(2)The MU-L district is appropriate for low- to mid-rise developments that
provide for medium density residential uses.
(3) The district allows a maximum height of seventy-five (75) feet and
a residential density of 40 dwelling units per acre for mixed use projects.
(4) Building heights between seventy-five (75) feet and one hundred
(100) feet may be permitted if reviewed as a conditional use.
(5) The review of these applications will emphasize aesthetics and
design quality, and physical compatibility with adjacent land uses.
(6) All new mined-use developments within this district that contain a
mix of uses shall front on streets designated as "arterial", "collector", or "local collector"
roads~ways'' on the "Functional Classification of Roadways Map" and shall contain a mixture
of retail commercial, office and/or residential uses, which may be arranged either vertically or
horizontally.
(7) Height restrictions and densities may be further limited in certain
geographic areas to further applicable redevelopment plans.
4. gomdtt64-Uses.
a. The following table identifies the permitted, restricted and prohibited uses
within the Mixed Use Zoning Districts.
b. Uses are classified as Permitted "P", Conditional "C" or Not Permitted
c. Uses permitted with restrictions are followed by a numeral that
corresponds to a footnote below the table. Each footnote explains restrictions associated with the
use.
d. The Planning and Zoning Director or designee shall have the discretion to
approve uses that are not specifically listed but are similar to uses that are expressly permitted
provided, however, such uses are not expressly identified as conditionally permitted or not
permitted in any zoning district within the City.
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TABLE 6F-1
SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES
USE GROUP/USE MU-L ZONE MU-H ZONE
Residential or Lodging Use Group
Bed and Breakfast C N
Boutique Hotel N C._~°
Hotel C P
Home Occupation P P
Mobile Home N N
M°tel N N
Residential, Single Family Detached P N
Residential, Single Family Attached P t~C
Residential, Multi-Family P p2/CZ
Boarding and Rooming House N N
(except where provided by state law)
Accessory Unit P N
Live/work Unit P
Communit}, Facilities Use Group MU-L ZONE MU-H ZONE
Government Office/Civic Center/Library GP NP_
Recreation (outdoor) P N
Museum P P
House of Worship p~ N_p1
Police or Fire-Rescue Station p4 p
Postal Center (retail sales only) C 5,6 C ~_,_o
Post Office p
Public Park P P
Public Parking Lot or Garage P P
Office Use Group* MU-L ZONE MU-H ZONE
* Not encouraged as a first floor use in the MU-H Zone
Bank/Financial Institution GP
Medical or Dental Office or Clinic p_~
PhySical Therapy Clinic
Professional Business Office Pa p-~
Veterinary Office or Clinic p0 N
Sales and General Commercial Use MU-L ZONE MU-H ZONE
Group*
* Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways.
Alcoholic Beverage Package Store pO pO
Ammunition or Firearm Sale or Rental N N
Animal Boarding or Kennel C--P_.~° N
Animal Grooming p-° p~
Animal Sales N N
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USE GROUP/USE MU-L ZONE MU-H ZONE
Sales and General Commercial Use MU-L ZONE MU-H ZONE
Group*
Antique Store/Fine Arts Antique Auction P-~ P-~
Antique Mall/Flea Market N N
Arts, Crafts, Hobby and Framing p-°- pO- _
Auction House N N
Automotive Parts Sales N N
Automobile Sales with Display p~2 p~2
Bakery, Retail pO pO
Boat/Marine Sales/Rental N p~3
Boat/Marine Accessories pO pO
Bookstore pO pO
Building Supplies or Materials N N
Bus Terminal N ~
New Clothing, Shoes or Accessories pO pO
Boutique
Contractor's Office/Equipment Storage N N
Coffee Shop p6 pO
Convenience Store p6 pO
Custom Home Furnishings pO pO
Cyber-caf6 pO pO
Delicatessen pO pO
Dive Shop and Instruction as Accessory Use P~' P
Drug Store or Pharmacy p~ p3
Gasoline Sales with/without Vehicle Service C~° N
Grocery Store, Supermarket p7 p7
Florist pO pO_
Hardware Store pO pO
Health Food Store pO pO
Home Improvement Centers N N
Lumber Yard N N
Marina C C
Newsstand pO pO
Outdoor Storage or Display N N
Parking Lot for Commercial Vehicles N N
Parking Lot or Garage, Private Ownership C C
Personal Watercraft Sales, Rental, Service, p~2 pO
Parts or Repair
Photographic Studio and Photographic G P o GP o
Supplies
Restaurant, w/Drive Thru N N
Restaurant, Sit-Down Gp._~o pa
Specialty Foods and Confections pO pO
Sporting Goods pO pO
Tobacco and Accessories pO pO
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USE GROUP/USE I MU-L ZONE MU-H ZONE
Sales and General Commercial, cont'd MU-L ZONE MU-H ZONE
Vehicle or Marine Customizing, Detailing, N N
Service, Parts or Repair
Vehicle or Marine Trailer Sales, Rentals, N N
Service, Repairs and Storage
Video Rental pO
Wholesale/Warehouse/Distribution N N
Service Use Group* I MU-L ZONE I MU-H ZONE
* Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways.
Barbershop/Beauty Salon/Day Spa pO pO
Dance Studio pO pO
Dressmaker or Tailor pO pO
Drycleaner pO,~ pO,~
Fitness/Health Club Gp_~ pO
Funeral Home N N
Hospital N N
Labor Pool Establishments N N
Laundromat pO N
Medical Outpatient Facility GP~ GP~
Nursery, Preschool or Child Daycare pO N
Nursing or Convalescent Home N N
Photocopy Center pO pO
Self-Storage or Mini Warehouse NC~n N
Shoe Repair pO pO
Soup Kitchens;/Substance abuse Centers/ N N
Shelters/Half-way Houses
Tattoo Parlor/Bod7 Piercinl~ N N
Entertainment Use Group* I MU-L ZONE MU-H ZONE
* Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways.
Adult Entertainment N N
Bar, Cocktail Lounge C-~ P-~
Billiard Club/Bowling Alley/Indoor C_~ pO
Recreation Facility
Bingo Hall N N
Fortune Teller N N
Movie Theater N C3
Night Club N C
Performing Arts Theater NC P
Private Clubs, Lodges and Fraternal C
Organizations
Accessory Use MU-L ZONE MU-H ZONE
Drive-Thru Facility (other than accessory C~' N
use to financial institutions and restaurants)
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Restriction Notes:
1 Must be an integral part of a mixed-use development comprising a maximum of 30
percent of the gross floor area of the entire development.
2 For those with frontage on an arterial road, allowed as a permitted use if the ground level
floor fronting the arterial is devoted to office or retail uses. Otherwise, use is a
conditional use.
3 Use shall be subject to the following distance separation requirements from similar uses,
measured in a straight line, using the shortest distance between property lines: For uses with less than 5,000 square feet of gross floor area, 750 feet.
For uses with a gross floor area equal to or greater than 5,000 gross square feet, 1,500
feet.
4 Subject to setback and buffeting requirements as recommended by the Technical Review
Committee.
5 Maximum gross square footage of structure shall not exceed 2,500 square feet. Storage
of postal vehicles prohibited.
6 Must be integrated into a commercial or mixed use development and not exceed 30
percent of the gross floor area of the entire development, constructed within the same
structure as the remaining commercial or mixed use development.
7 Gross floor area of grocery store must be a minimum of 15,000 square feet and a
maximum of 30,000 square feet.
8 On-site drop-off and pick-up only.
9 Drive-thru facility, including stacking lanes, must be screened from public right-of-way
and requires conditional use approval. Ingress/egress shall not be from/to an arterial
roadway.
to Shall comply with provisions of Chapter 2, Sec. 11.L., pertaining to retail sale of gasoline
or gasoline products.
11 Not permitted on property with Federal Highway Frontage in the MU-L Zone unless
consistent with restriction note number six (6).
Indoor storage/display shall not exceed 10,000 square feet.
13 In conjunction with a permitted marina use. Storage/display allowed only in wet docks or
indoor not to exceed 10,000 square feet.
See Section 14 for regulations.
See Section 15 for regulations.
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5. Building and site regulations.
Minimum Parcel Size~ · MU-L ZONE MU-H ZONE
Residential Or Lodging Use Group
Hotel --- 3 1 acre*
*or is part of a mixed use development of at least 3 1 acres.
Residential, Single Family Detached 5,000 sq. fi. ---
Residential, Single Family Detached w/Accessory Unit 7,500 sq. fi. ---
Residential, Single Family Attached (Duplex) 7,500 sq. fi. ---
Residential, Single Family Attached (Townhome) 2,500 sq.fi./unit 65,000 sq. fi.
Residential, Multi-Family 15,000 sq. fi. 20,000 sq. fl.
Community Facility Use Group
Public Park no minimum no minimum
Ail other Uses 10,000 scI. fi 10,000 scI. fi,
Minimum Living Area MU-L ZONE MU-H ZONE
Single Family Detached 1,000 sq. fi. ---
All other Residential 750 sq. fl. 650* sq. fi.
Accessory Apartment 750 sq. fi. ---
* Size of all units must average 1,999 850 sq. fi.
Minimum Lot Frontage ] MU-L ZONE [ MU-H ZONE
Residential Or Lodging Use Group
Residential, Single Family Detached 50 ft. ---
Residential, Single Family Attached (Duplex) 75 ft ---
Residential, Single Family Attached (Townhome) 25 fi/unit ---
Residential, Multiple-Family 100 ft. 100 ft.
All Other Uses 100 ft. 100 ft.
Maximum Height MU-L ZONE MU-H ZONE
Residential Or Lodging Use Group
Residential, Single Family Detached 35 ft. ---
Residential, Single Family Attached (Duplex) 35 ft --
All Other Uses
Locational Requirements for Heieht, Densi ,ty and Floor Area Ratio Apply
Type Of Zoning Districts
Roadway MU-L ZONE MU-H ZONE
Frontage Height~ Densi .ty FAR2 ,Heit~ht~ Density FAR2
Arterial 753-1003,n ft 40 du/ac 1.5-2.0 150 ftfi' 80 du/ac 4.0
Collector 45-75~ ft 20-40 du/ac 1-1.5 150 ft.~ 80 du/ac 4.0
Local Collector 45 ft 20 du/ac 1.0 NO NO NO
Local NO NO NO NO NO NO
~' Minimum Height on any street frontage is 35 feet.
2. Includes all habitable space, including residential units, (excluding parking structures)
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a. Maximum height of front facade is 45 fi. above which building must step back a minimum 10 fi. of
stepbaoh for ~ each additional 50 fi. of height.
4. May increase to '~ .... ~ ........ ~': ........ '~:': ...... ~ above 75 fi. and up to 100 fi.,
subject to conditional use approval to ensure design and land use incompatibilities.
Multiple story buildings are encouraged within the Federal Highway Corridor District,
particularly along arterial roadways. The intent of this provision is to create the appearance of,
or simulate the intensity of, a minimum two (2)-story building.
MINIMUM PERVIOUS AREA MU-L ZONE MU-H ZONE
Community Facility Use Group
Public Parking Lot or Garage --- 15%
Residential Or Lodging Use Group
Residential, Single Family Detached 40% ---
Residential, Single Family Attached 30% 30%
All Other Uses 20% 15%
FRONT YARD SETBACK MU-L ZONE MU-H ZONE
Residential Or Lodging Use Group
Residential, Single Family Detached build to linc 10 fi.~ ___
Residential, Single Family Attached build to line 10 fi.~ ___
Residential, Multi-Family build to line 10 fl. ~ 0-15 fl.
All Other Uses including mixed use with a single-family 0 fi or 10 fl3 0 fl e~ I O l 5 fi4
attached component--build-to line
i Porches may be placed forward of the build to line and shall maintain a minimum 2 foot
setback from any public sidewalk. Porches shall be placed outside of clear sight triangle.
Minimum setback for a garage facing or accessing the street is 20 feet.
2 Projecting feature(s) such as awnings, balconies, porches and/or stoops shall may be
placed forward of the build-to line and shall maintain a minimum 2-foot setback from any
public sidewalk.
3 One or more projecting feature(s) such as awnings, balconies, colonnades porches and/or
stoops required forward of the build-to line and shall maintain a minimum 5-foot clearance
from any vehicular use area. Elements projecting over a pedestrian walkway shall allow a
minimum 9-foot vertical clearance and 5 foot horizontal pedestrian clearance.
4 Where intent is to widen pedestrian walkway in compliance with Section 9.(d) Landscaping
(below).
SIDE YARD MU-L ZONE MU-H ZONE
Residential Or Lodging Use Group
Residential, Single Family Detached, Interior 6 fi. ---
Comer 15 fl ---
End 10 fl. ---
Residential, Single Family Attached (Duplex) Comer 15 fi. ---
Residential, single Family Attached (Townhomes) End 10 fi ---
Comer 15 fi.
Residential, Multi-Family 20 fl~ 0 fl:
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All Other Uses
Adjacent to Residential Single Family Attached or 25 fi. ~ 0 fi.
Detached in the MU-L Zone
Adjacent to Other Uses 0 fi. ~ 0 fi.
~ plus one additional foot for each foot of height over 45 ft. where adjacent to an existing
single-family detached dwelling, less width of fight-of-way.
REAR YARD MU-L ZONE MU-H ZONE
Residential Or Lodging Use Group
All Residential, Where Yard is Adjacent to
Intracoastal Waterway 25 ft. 25 ft.
Residential, Single Family Detached 7.5 ft. ---
Residential, Single Family Attached 7.5 ft. ---
Residential, Multi-Family 25 ft. 2 0
All Other Uses
Where Yard is Adjacent to Intracoastal Waterway 25 ft. 0
Where Yard is Adjacent to Residential Single Family 25 ft. 2 25 ft. 2
Attached or Detached
Where yard is Adjacent to All Other Uses 0 ft. 2 0 ft. 3
~ subject to requirements of any permitting agency having jurisdiction over construction
abutting the Intracoastal Waterway.
2 plus one additional foot for each foot of height over 45 ft. where within or abutting the
MU-L Zone
3 Fifteen (15) feet abutting a street, 10 feet abutting an alley.
6~ Rezoning of Single-family Residential Zoning Districts to Mixed Use Zoning
Districts. All requests for rezoning from any single-family residential district to a mixed use
zoning district shall be subject to the following additional requirements:
· Height, density and intensity of development based on the roadway frontage;
· Ratio of lot frontage to depth that is no more than 1 foot (frontage) to 1.25 foot
(depth);
· Vehicular access to the property located to minimize impacts on adjacent single-
family developments and meet safety standards; and,
· Landscape ban'iers provided, in accordance with the landscape regulations of this
code, where the rezoned property abuts single-family residential zoning.
67. Mixed Uses.
a. Buildings containing residential and non-residential uses are required
within the MU-H zoning district for all properties fronting on arterial roadways, and permitted
and encouraged, within the MU-L zoning district_, an~ Mixed use structures are subject to the
same development standards as "all other uses."
b. Residential uses within mixed-use structures shall not be located on the
ground floor, which shall be reserved for nonresidential uses.
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c. Nonresidential uses within mixed residential/nonresidential structures
shall be evaluated for their compatibility with residential uses located on upper floors, and shall
demonstrate compatibility based upon use-type, construction materials, floor plan and site layout,
and other factors as determined appropriate given the type of use.
;t_8. Building Placement, Massing & Orientation. Structures fronting on arterial
roadways within the MU-H and MU-L Zones shall occupy the entire width of the parcel they are
located upon, notwithstanding comer side setbacks and clearance needed for a drive that may be
required to access the rear of the property.
9. Access. Within the MU-H and MU-L Zones, vehicular access to parking shall not
be directly from an arterial roadway, if an alternative is available.
$10. Landscaping
a. MU-H District.
(1) Trees. All new construction in the MU-H District shall provide
shade trees in the streetscape.
· The trees selected shall be consistent with the established theme of
the street, where appropriate. The City Forester will provide
consultation on appropriate species.
· Trunks shall be a minimum four (4) inch caliper and provide seven
(7) feet of vertical clearance for visibility.
· In instances where canopies of overhangs make it infeasible to
plant trees, alternative means of providing landscaping for the
sidewalk shall be utilized.
· Upon inspection by the City Forester, any trees found to be in
declining condition shall be replaced within thirty (30) days.
(2) Tree Spacing
· Trees shall be regularly spaced. The spacing of the trees shall be
20-25 feet on center.
· Spacing may be modified by factors such as the placement of
utilities, by property access points, sight lines at comers or by comer
conditions.
· Tree placement shall match the existing pattern, where appropriate.
· Tree guards, fabricated to City specifications, shall be placed
adjacent to the curb, where feasible.
(3) Tree Irrigation
· Irrigation systems shall be installed to service all trees and other
landscape materials.
· Irrigation systems shall be in operable condition at all times.
(4) Sidewalks
· All new construction in the MU-H District shall provide new
sidewalks.
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· Sidewalks constructed along arterial roadways shall be a minimum
of ten (10) feet wide, measured from the rear of curb.
· Sidewalks shall, where practical, be Holland-Stonepavers,
red/charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S
herringbone pattern to continue the design elements in place along
Federal Highway.
(5) Flower Containers
· To add color and soften sidewalk paving with plants, flower
containers containing blooming annuals or perennials ar~qeoumg, d
to shall, where practical, be planted and maintained along facades of
new building fronting on arterial roadways in the MU-H District.
911. Parking Requirements. Parking requirements for both the MU-H and MU-L
zoning districts shall be as set forth by Chapter 2, Section 1 IH, of the Boynton Beach Land
Development Code. Chapter 2, Section 11.I shall apply only to the MU-H zoning district.
a. On-site parking facilities shall be located to the rear or side of the structure
they are intended to serve and screened from view from public streets, notwithstanding other
provisions of these regulations that require a specific residential automobile garage setback, and
paragraphs 8d. and 8e. below, permitting understory parking and regulating parking garages.
The intent of this provision is that parking facilities not be prominent as viewed from the street(s)
that serve(s) as the main orientation for the principal building(s), in order to emphasize buildings
and pedestrian features and de-emphasize parking facilities. In order to best achieve this
objective, rear parking is preferable to side yard parking. Access to parking shall be from side
streets not serving as the principal structure's main frontage when possible in order to minimize
vehicle/pedestrian conflicts along sidewalks resulting from driveway crossings.
b. Mixed-use developments may utilize the following parking requirements
based upon shared parking with different hours of use. The total requirement for off-street
parking spaces shall be the highest of the requirement of the various uses computed for the
following five (5) separate time periods: weekdays (daytime, evening), weekends (daytime,
evening) and nighttime. For the purpose of calculating the requirement of the various uses for
the various separate time periods, the percent of parking required shall be:
Weekday Weekend
Daytime Evening Daytime Evening Nighttime
(6 a.m.- (5 p.m.- (6 a.m.- (5 p.m.- (Midnight-
5 p.m.) midnight) 5 p.m.) midnight) 6 a.m.)
(Percent) (Percent) (Percent) (Percent) (Percent)
Office 100 10 10 5 5
Retail 75 75 100 70 5
Lodging 75 100 75 100 75
Restaurant 50 100 100 100 10
Entertainment 40 100 90 100 10
Residential 60 100 100 100 100
(Source: Urban Land Institute "Shared Parking", 1983)
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c. Freestanding parking garages as part of a mixed use development are
permitted within the MU-H Zone only. Within the MU-H Zone, freestanding single-use parking
garages shall not exceed 75 feet in height, and shall not have direct frontage on Boynton Beach
Boulevard, Ocean Avenue or Federal Highway unless the portion of the garage abutting said
streets contains storefronts, restaurants or other permitted nonresidential uses on the first floor.
The intent is to border or wrap the garage in storefronts and other permitted habitable floor area to
a minimum depth of twenty (20) feet, so as to disguise the garage and create continuity in street-
level activity by maintaining interest for pedestrians and passing automobile traffic. Principal
structures that include parking garages shall be designed to blend the architecture of the garage
with the remainder of the structure to create the illusion that the garage is habitable floor space.
d. Parking garages that are incorporated into the same structure as a principal
building, including structures providing parking on lower floors and habitable space on upper
floors, are permitted within the MU-H and MU-L Zones. Understory parking (on the first floor
of a structure) is permitted throughout the MU-H and MU-L Zones for multiple-floor buildings.
Such first floor parking areas, abutting on arterial roadways, are required to be developed for
commercial uses to a minimum depth of twenty (20) feet. All other visible sides of the parking
structure shall be screened from view by a living trellis (utilizing climbing vines) and/or
architecturally articulated faqade designed to screen the parking area.
e. In order to increase the efficiency of parking provision and vehicle
circulation, parking facilities shall be interconnected whenever possible. Parking facilities shall,
wherever feasible, be designed for future connection to an adjoining parcel where an existing
connection cannot be established.
11~t-0. Dumpster Location. Dumpsters shall be adequately screened from view in a
manner compatible with the surrounding environment.
12~-1-t-. Circulation. Development sites with frontage on Federal Highway, Ocean
Avenue and Boynton Beach Boulevard shall be designed to discourage mid-block street
crossings on these streets.
13.__~. Siguage. Chapter 21 shall govern signage within the Federal Highway Corridor
District, Signs, of the Boynton Beach Land Development Code.
storaee Desien Requirements.
a. Location of self-storage use. Self-storage uses shall only be allowed above
the first floor in a mixed-use structure.
b. Ground-_floor retail uses required. Street frontages of the ground floor area
shall be devoted to one or more principal retail and office uses, not related to
the self-storage use, to a depth of at least twenty (20) feet.
c. Access to self-storage facilities. Access to self-storage use portion of the
structure shall not be from/to an arterial roadway and must be screened from
public right-of-way.
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d. Design of buildings. Buildings shall be designed to have the appearance of a
multi-story retail, office and/or residential structure through the use of
windows, shutters, and appropriate building elements on the upper floors.
15. Live/Work Unit Requirements.
a. Minimum Floor Area. The minimum floor area of a live/work unit shall bc
one thousand (1,000) square feet.
b. Permitted_floor Area. No more than 30% or four hundred (400) square feet,
whichever is greater, of the live work unit shall be reserved for living space,
including kitchen, bathroom, sleeping and storage areas. The rest of the gross
floor area of each unit shall be reserved and regularly used for working space.
c. Separation Required. Each live/work unit shall be a separate unit from other
uses in the building. Access to each live/work unit shall be provided from
common access areas, common halls or corridors, or directly from the exterior
of the building.
d. Parking. Each live/work unit shall be provided at least two and one half (2 ½)
parking spaces.
e. Permitted Work Activity. The work activity in a building where live/work
units are allowed shall be any use permitted by right in the zoning district,
except that in order to protect the health and safety of persons who reside in a
live/work unit, no work activity shall be permitted that by virtue of size,
intensity, number of employees or the nature of the operation, has the
potential to create significant impacts by reason of dust, glare, heat, noise,
noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be
hazardous by way of materials, process, product or wastes.
f. Occupational License Required. At least one occupant resident of an
individual live/work unit shall maintain a current occupational license for a
business located in that unit.
g. No Separate Sale or Rental qf Portions of Unit. No portion of a live/work unit
may be separately rented or sold as a commercial space for a person or
persons not living in the premises or as a residential space for a person not
working in the same unit.
h. No Conversion o_f Units. No live/work unit shall singly be changed to
exclusively commercial or exclusively residential use. No conversion of all
live/work units in a single structure to exclusively residential use shall be,
where the work portion of the units is the only commercial use in a project,
nor shall conversion to exclusively commercial use be permitted where the
live portion of the units is the only residential use in a project.
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-1416. Definitions. The following are supplement definitions applicable only to the
Mixed Use Zoning Districts, and therefore take precedence over definitions in other portions of
the Code in case of conflict.
Accessory apartment: a habitable living unit added to or created within a single-family
dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation.
Accessory apartments shall comprise no more than twenty-five percent (25%) of the total floor
area of the single-family dwelling and shall in no case be more than 750 square feet.
Antique shops or Auction house: any premises used for the retail sale,_o~ trading or auction of
articles of which eighty percent (80%) are over fifty (50) years old or have collectible value.
Antique shop or auction house does not include "secondhand store or auction of used
merchandise".
Child Care: an establishment that provides care, protection and supervision for children on a regular
basis away from their primary residence for less than 24 hours per day. The term does not include
facilities operated in conjunction with an employment use or other principal activity, where children are
cared for while parents or custodians are occupied on the premises or in the immediate vicinity.
Coffee house: an informal caf6 or restaurant primarily offering coffee, tea, and other non-
alcoholic beverages, and where light refreshments and limited menu meals may also be sold.
Convenience Store: a small store near a residential area that stocks food and general goods and
is open all or most of the day and night.
Custom furnishings: home furniture and decorative objects built to a buyer's specifications.
Cyber caft: a coffee house that provides patrons with computer terminals for browsing the
Intemet for a fee.
Day Spa: Spa facilities that have no overnight accommodations, but offer (an an-ay of spa
treatments administered by licensed and certified spa technicians) beauty, wellness and
relaxation programs that may last from a few minutes up to a full day.
Fitness/Health Club: A commercial recreation and entertainment facility or private club which has as
a PRINCIPAL USE a gymnasium, swimming pool or other sports facility and which may offer massages,
whirlpool baths, steam rooms, saunas or medical facilities as ACCESSORY USES to the PRINCIPAL
USE.
Fortune-teller/Psychic: ~ Person who makes predictions about the future through
methods including astrology, palm reading, psychic abilities, crystal balls, tarot cards, or
examining tea leaves.
Half-way House: A residential facility used to house individuals being transitioned from penal
or other institutional custody back into the larger society.
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Hotel: A building or portion thereof containing twenty (20) or more guest rooms, efficiency
units or suites designed for the temporary lodging of transient guests rented on a daily basis and
occupied for less than thirty (30) days, Ancillary facilities may include conference facilities,
restaurants, bars, recreation facilities, ballrooms, banquet rooms and meeting rooms. Access to
the guest quarters shall be through an inside lobby and corridors or fi.om an exterior court which
is within a secured area.
Hotel, Boutique: A small luxury hotel containing ten (10) to ~ twenty (20) guest
rooms. Meal service is usually breakfast only, but in some instances high-quality dinner and/or
lunch service and room service may also be provided.
Hotel, Extended Stay: Any all-suite hotel that provides visitors with a full kitchen and more
than 5% of its rooms are occupied for at least thirty (30) days and no more than one hundred and
eimhtv (180) days.
Landscaped Area: Open space area not occupied by any structures or impervious surfaces, and
landscaped with vegetative material and ground covers pursuant to the Boynton Beach
Landscape Code.
Live/Work Unit: A commercial unit with incidental residential accommodations occupying one
(1) or more rooms or floors in a building primarily designed and used for commercial occupancy
and providing, 1. adequate working spaced reserved for commercial use and regularly used for
such purpose by one (1) or more persons residing in the unit; and, 2. living space containing, but
not limited to, a sleeping area, food preparation area with reasonable work space and a full
bathroom.
Medical outpatient facility: an establishment where patients who are not lodged overnight are
admitted for examination and treatment by a group of physicians, dentists, or other health care
professionals.
Mixed Use Development: a combination of two or more uses on a single parcel, tract or
development pod. In the Mixed Use-High zoning district this shall consist of a structure or series
of structures containing ~ou~d ~oor retail ca~am6,~d~ with office uses and/or housing above
residential uses arranged vertically. In the Mixed Use-Low Intensity and Suburban Mixed Use
zoning districts_, mixed-use can refer not only to uses within single buildings, but to different
uses mixed in close proximity in a single development.
Motel: A building or group of buildings designed to provide sleeping accommodations for
transient or overnight guests. Each building shall contain a minimum of ten (10) residential units
or rooms, which generally have direct access to a parking lot, street, drive, court, patio, etc.
Newsstand: a stall, booth or store where newspapers and magazines are sold.
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Package liquor store: an establishment where alcoholic beverages are dispensed or sold in
sealed containers for consumption off the premises.
Recreation and Entertainment, Indoor: an establishment offering recreation and entertainment to
the general public within an enclosed building. Such uses include movie theaters, bowling alleys, skating
finks, pool and billiard halls, game arcades (pinball, computer), fitness centers, dance studios, court sports
and swimming pools.
Residential, Multi-Family: A building containing three (3) or more dwelling units that cannot
be classified as single-family attached.
Residential, Single Family Attached: Two (2) or more one-family dwellings attached by
common vertical firewalls, whereby each unit has its own front and rear access to the outside,
and no unit is located over another unit. Examples of single-family attached dwellings include
duplexes and townhomes.
Shelter: A facility, which is not a hotel or motel, used primarily for providing free or very low-
cost short-term lodging for individuals who would otherwise be homeless.
Soup Kitchen: A facility providing free or very low-cost meals or distributing free or very low-
cost pre-packaged foodstuffs to the public as part of a charitable activity, program or
organization.
Substance Abuse Center: A facility used primarily for the treatment of individuals for alcohol
or drug abuse.
Theater: A building or outdoor structure expressly designed for the presentation of plays,
operas, music concerts, motion pictures, etc.
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XII.- LEGAL
CITY OF BOYNTON BEAC ITEM B.2
AGENDA ITEM REQUEST FC_ ._
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon)
~ April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon)
[] May4,2004 April l9, 2004 (Noon) [] July6,2004 Junel4,2004(Noon)c
[] May18,2004 May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (Noon)
[] Administrative Legal -.~ ~,5 ~:~
NATURE OF [] Announcement [] New Business
AGENDA ITEM [] City Manager'sReport [] Presentation '~'
L×~_ Consent Agenda [] Public Hearing co
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Approval of an Ordinance amending Chapter 2, Administration, Article VIII, Education Advisory
Board, Sec. 2-130 and 2-131.
EXPLANATION: This proposed ordinance amends Chapter 2, Section 2-130 of the Code of Ordinances to provide that
four members of the Board shall constitute a quorum, and Sec. 2-131, providing that one regular member and any alternate
members of the Board may be non-residents of the City, providing that the member has at least one child in public school
located within the geographical boundaries of the City.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
Department Head's Signature City Manager's Signature
City Attorney's Office (.. ~1"10~['~'(~(¢/~1~.,~
Department Name //'' City Attor~/'/Finance / Human Resources
S:kBULLE~RMS~AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 04-
2
a AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING CHAPTER 2. ADMINISTRATION,
5 ARTICLE VIII. EDUCATION ADVISORY BOARD,
6 SECTION 2-130, "MEETINGS"; AND AMENDING
7 SECTION 2-131 "QUALIFICATIONS"; AND PROVIDING
8 FOR CONFLICTS, SEVERABILITY, CODIFICATION AND
9 AN EFFECTIVE DATE.
11 WHEREAS, the City Commission has determined that it is in the best interest of the
12 electors and residents of the City of Boynton Beach to amend the provisions of the Code of
13 Ordinances to provide that four members shall constitute a quorum on the Education
14 Advisory Board, and
15 WHEREAS, the Commission has also deemed it appropriate to also amend the
16 provisions of the Code of Ordinances, to reflect that one regular member and any alternate
17 members of the Education Advisory Board may be non-residents of the City, provided that
18 the member has at least one child in a public school located within the geographical
19 boundaries of the City;
20 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. That Chapter 2. Administration, Article VIII Education Advisory
23 Board, Section 2-130 is hereby amended by adding the words and figures in underlined type
24 and deleting the figures in struck-through type as follows:
25
26 Sec. 2-130. Meetings.
27
28 The Board shall meet regularly once a month, or more frequently if
29 necessary, for the transaction of business. Its meetings shall be open to the
30 public. The Board may establish its own rules and procedures for the conduct
31 of its business~ Four (4) members shall constitute a quorum. [
32 Sec. 2-131. Qualification.
33
34 Section 2. That Chapter 2. Administration, Article VIII Education Advisory
35 Board, Section 2-131 is hereby amended by adding the words and figures in underlined type
1 and deleting the figures in struck-through type as follows:
2
3 Sec. 2-131. Qualifications.
4
5 The members of the eEducation aA_dvisory bBoard shall be residents of the
6 eC__ity:, provided that one (1) regular member and any Aaltemate members of the
7 bBoard may be non-residents of the c-C_ity~ provided the member has at least one child
8 in a public school, which is located within the geographical boundaries of the c-C_ity.
9
l0 Section 2. All ordinances or parts of ordinances in conflict herewith are hereby
1 ~ repealed.
12
~3 Section 3. Should any section or provision of this ordinance or any portion
~ 4 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
15 affect the remainder of this ordinance.
16
~ 7 Section 4. Authority is hereby given to codify this Ordinance.
~8
~ 9 Section 5. This ordinance shall become effective immediately upon passage.
2O
2~
22 FIRST READING this __. day of May, 2004.
23
24 SECOND, FINAL READING AND PASSAGE this __ day of May, 2004.
25
26
27 CITY OF BOYNTON BEACH, FLORIDA
28
29
30 Mayor
31
32
33 Vice Mayor
35
36 Commissioner
37
38
39 Commissioner
40 ATrEST:
4~
42 Commissioner
43 City Clerk
44
45 ca:Ord/Adm/Rcv. Education Advisory Board
2