Agenda 11-08-06
The City of
B,o, 'J!n.t~o'n B. ie.a. .ch
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100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
November 8, 2006
Jerry Taylor
Mayor - At Large
Janet M. Prainito
City Clerk
DISTRI T I
Bob Ensler
Commissioner - District I
Mack McCray
Commissioner - District II
Mike Ferguson
Commissioner - District III
Carl McKoy
Vice Mayor - District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
www.boynton-beach.org
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
o Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
o Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
o Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item.
City Commission meetings are business meetings and, as such, the Commission retains the right to limit
discussion on an issue.
o Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
o Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission.
o Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded.
o
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person 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
Holidays/Election Day).
City of Boynton Beach
REGULAR CITY COMMISSION MEETING
AGENDA
November 8, 2006
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Rev. Randall Gill, First Presbyterian Church
C. Pledge of Allegiance to the Flag led by Commissioner Bob Ensler
o Presentation of Service Plaques to Mayor and City Commissioners
o Administration of Oath of Office to Mayor/Remarks
o Administration of Oath of Office to Commissioner - District I/Remarks
o Administration of Oath of Office to Commissioner - District III/Remarks
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcements:
1. Cancellation of December 19, 2006 City Commission Meeting
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
None
Agenda
Regular City Commission
Boynton Beach, FL
November 8, 2006
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission)
V. ADMINISTRATIVE:
A. Appointments to be made:
Appointment Length of Term
To Be Made Board Exoiration Date
IV McKoy Arts Commission Alt 1 yr term to 4/07
Ensier Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (3)
II McCray Cemetery Board Alt 1 yr term to 4/07 Tabled (2)
Mayor Taylor Code Compliance Board Alt 1 yr term to 4/07 Tabled (3)
II McCray Community Relations Board Alt 1 yr term to 4/07 Tabled (3)
III Ferguson Community Relations Board Reg 3 yr term to 4/0B Tabled (2)
Mayor Tayior Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabied (2)
I Ensler Education and Youth Advisory Board Ait 1 yr term to 4/07 Tabled (2)
I Ensler Library Board Ait 1 yr term to 4/07 Tabled (2)
Mayor Taylor Library Board Alt 1 yr term to 4/07 Tabled (3)
III Ferguson Recreation & Parks Board Alt 1 yr term to 4/07 Tabled (3)
Mayor Taylor Recreation & Parks Board Reg 3 yr term to 4/07
IV McKoy Recreation & Parks Board Reg 3 yr term to 4/08 Tabled (2)
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager
for "Consent Agenda" approval of the action indicated in each item, with all of the
accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Agenda Preview Conference - October 13, 2006
2. Regular City Commission - October 17, 2006
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2006-2007 Adopted Budget.
1. Approve a custodial services agreement with RESPECT OF FLORIDA for the
East Water Treatment Plant in the amount of $17,438.46 and the Utilities
2
Agenda
Regular City Commission
Boynton Beach, FL
November 8, 2006
Administrative Building in the amount of $28,303.41 with a total
expenditure of $45,741.87. (Proposed Resolution No. R06-183)
2. Award the "INSTALLATION OF VOICE AND DATA WIRING IN THE
LIBRARY" BID #070-261O-06/JA, to CONVERGED SOLUTION & SERVICES
of DELRAY BEACH, FL., in the amount of $24,999.
3. Approve a contract for Bid #001-2413-07/0D CONSTRUCTION OF WILSON
PARK to West Construction, Inc. of Lake Worth, FL in the amount of
$6,189,000 with a contingency of $618,900 for a total expenditure of
$6,807,900. (Proposed Resolution No. R06-184)
C. Resolutions
1. Proposed Resolution No. R06-185 RE: Approving and
authorizing execution of the Annual Software Maintenance Agreement with
ERSI, Inc. of New York for the ITS/GIS Departments in the amount of
$34,880.
2. Proposed Resolution No. R06-186 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Michael Porcelli for the property at 1128 Highland Rd., Lake
Worth, FL (Ridge Grove Lot 103)
3. Proposed Resolution No. R06-187 RE: Approving the
dedication of right-of-way on NE 11th Avenue and Railroad Avenue from
the Delray-Boynton Academy to the City of Boynton Beach via a Right-of-
Way Acquisition Agreement.
4. Proposed Resolution No. R06-188 RE: Approving and
authorizing execution of an amendment to the lease agreement with Nextel
South Corp. for Little League Park allowing expansion of the
telecommunications tower parcel by 130 sf to accommodate a generator for
alternative power.
5. Proposed Resolution No. R06-189 RE: Approving and
authorizing execution of project agreements to accept funding from the
Florida Department of Environmental Protection, Land and Water
Conservation Fund for the development of Jaycee Park in the amount of
$200,000. Total project cost is estimated at $400,000.
6. Proposed Resolution No. R06-190 RE: Approving the
roadway name change of Renaissance Commons Boulevard North and
Renaissance Commons Boulevard South by deleting the suffixes, and to be
only known as RENAISSANCE COMMONS BOULEVARD.
3
Agenda
Regular City Commission
Boynton Beach, FL
November 8, 2006
D. Approve full release of surety for the project known as Albertsons at Hypoluxo
Village, in the amount of $22,188.91, and return of the letter of credit number
NWS487658 from Wells Fargo/J.P. Morgan in this amount to the project developer.
E. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public
Works/Fleet Maintenance and allow selling of the same.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
A
Project:
Agent:
Owner:
Location:
Description:
B.
Project:
Agent:
Description:
Peninsula (SPTE 06-007)
Tom Yianilos
Waterbrook Development, LLC
2649 North Federal Highway
Request for a six month Site Plan Time Extension for site plan
approval granted on July 5, 2005, to extend site plan approval
from July 5, 2006 to January 5, 2007. (Tabled to November 21,
2006)
Mixed Use Zoning Districts (CDRV 06-002)
City-initiated
Request for approval of proposed amendments to Chapter 2,
Zoning, Section 6.F. Mixed Use Zoning Districts for conversion of
Mixed Use-Low (MU-L) to Mixed Use-Low 1 (MU-Ll), amendment
of Mixed Use-High (MU-H), and establishment of the Mixed Use-
Low 2 (MU-L2) and Mixed Use-Low 3 (MU-L3) zoning districts.
(Request to table to November 21, 2006)
IX. CITY MANAGER'S REPORT:
A. Schedule of all development fees and when payment is due
B. Heritage Festival Update
C. Authorization to use up to $2.5 million of Reserve Funds to initiate the work for a
Boundless Playground and other changes to the CIP
X. FUTURE AGENDA ITEMS:
A. New Space for the Police Department (November 21, 2006)
4
Agenda
Regular City Commission
Boynton Beach, FL
November 8, 2006
B. 60-day Waiver on Signs for New Businesses in the City (November 21, 2006)
C. Feasibility of Saturday hours for the Building Division (March 2007)
D. Financial analysis of the Utilities Department total Capital Improvement Program
and the anticipated impact on user fees (December 5, 2006)
E. Amend Land Development Regulations to allow 18-month time extensions on
new requests for site plan extensions rather than 12-month time extensions
(December 5, 2006)
XI. NEW BUSINESS:
A. Selection of Voting Delegate for the National League of Cities, Congress of Cities
and Exposition in Reno Nevada December 5-9, 2006.
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
None
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 06-085 RE: Amending
Chapter 2 of the City of Boynton Beach Code of Ordinances, creating
Article XV, entitled "Voting by Board Members" providing for abstention
from voting by board members with conflicts of interest and disclosure of
conflicts of interest by board members.
2. Proposed Ordinance No. 06-086 RE: Approving and
allowing both the reduction of surety matters and final release of surety
in circumstances when the amount of the surety does not exceed
$20,000.
3. Proposed Ordinance No. 06-087 RE: Amending
Ordinance 05-060 to provide that the art fee does not apply to projects
which had applications pending on or before October 5, 2005 and
providing that the art fee is payable as a condition of issuance of the first
Certificate of Occupancy.
5
Agenda
Regular City Commission
Boynton Beach, FL
November 8, 2006
D. Resolutions:
1.
Proposed Resolution No. R06-176
authorizing the proposed adjustments
development and related applications.
RE: Approving and
to the fee schedule for
2.
Proposed Resolution No. R06-177
authorizing the proposed fee additions
permits
RE: Approving and
and adjustments for building
3. Proposed Resolution No. R06-191 RE: Approving and
authorizing execution of a Deed of Conservation Easement to the South
Florida Water Management District (SFWMD) at Jaycee Park in the City of
Boynton Beach.
E. Other:
None
XIII. UNFINISHED BUSINESS:
A. Reconsideration of Ocean 95 Exchange Plaza (NWSP 06-020)
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DEODES TO APPEAL ANY DECISION MAOE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING, HE/SHE WIU NEED A RECORD OF n-tE 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 15 TO BE BASED.
(F.s.286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTlVITY CONDUCTED BY THE em. PlEASE
CONTACT JOYCE COSTEllO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN OROER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
Agenda 11/06/2006 9:00 A.M.
S: \CC\ WP\CCAGENDA \AGENDAS\year 2006\110806.doc
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, lII.-ANNOUNCEMENTS &. PRESENTATIONS
Item A.l.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
:!......- " ,
Requested City Commission Dale Final Form Must be Turned Requested City Commission Dale Final Form Must be Turned
Mec1im! Da!~ in 10 City Clerk's Office Mttlim:Dales in to City Clak's Office
0 August 1,2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August J 5,2006 July 31.2006 (Noon) t!1 October 17. 2006 Oclobet 2. 2006 (Noon)
0 Seplember 6, 2006 August 14,2006 (Noon) ~ November 8, 2006 Octobet 16,2006 (Noon)
0 September 19. 2006 September 5. 2006 (Noon) 0 November 2J. 2006 NO'Yember 6, 2006 (Noon)
[8J AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
,.~ECOMMENDATION: Permit announcement.
.~XPLANATION: The December 19,2006 City Commission meeling is cancelled.
PROGRAM IMPACT: N/A
fiSCAL IMPACT: (Include Account Number where funds will come from.) N/A
~;j~-
DepartmeVd's Signature
ALTERNATIVES: Not to allow the announcement.
ItyManager's Signature
Assistant to City Manager ~
Department Name
City Attorney I Finance
,.....
S:IBULLE1lN\FORMS\AGENDA ITEM REQUEST FORMDOC
V. ADMINISTRATIVE
ITEM A.
J"'.....
APPLICANTS ELIGIBLE FOR APPOINTMENT 11/8/06
LAST NAME FIRST NAME 1st CHOICE 2nd CHOICE 3'" CHOICE APPUCATION
SUBMITTED
Aikens Willie L. Community Redev. 6/20/06
Aoencv Board
Brookes Deborah S. Arts Commission 9/13/06
Buchanan James (Buck) Community Redev. 7/10/06
Aoencv Board
. .
S:ICCIWPIBOARoSIAPPMENTS\Board Year 2006IAppllcants EligIble for Appt 10-17-06.doc
/....
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VI.-CONSENT AGENDA
ITEM B.l.
.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetim! Dates in to Citv Clerk's Office Meetinll Dates in to Citv Clerk's Office
D August 1, 2006 July 17.2006 (Noon.) D October 3. 2006 September 18.2006 (Noon)
D August 15, 2006 July 31, 2006 (Noon) D October 17, 2006 October 2. 2006 (Noon)
D September 6. 2006 AU8ust 14.2006 (Noon) [8] November 8, 2006 October 16, 2006 (Noon)
D September 19,2006 September 5. 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM [8] Consent Agenda D Legal
D Code Compliance & Legal Settlements D UnfInished Business
D Public Hearing D
RECOMMENDATION: A motion to approve a Custodial Services agreement with RESPECT OF FLORIDA for the
I"'" East Water Treatment Plant in the amount of $17,438.46 and the Utilities Administrative Building in the amount of
$28,303.41 with a total expenditure of $45,741.87.
EXPLANATION: For a number of years Utilities used RESPECT OF FLORIDA for their custodial services at their
East Water Treatment Plant. RESPECT is a program falling under the auspices of the State of Florida according to
Florida State Statute #413.036 (see attached information). Utilities would like to expand their services to the
Administration Building. This organization provides employment opportunities for Florida citizens with disabilities.
Their work has been acceptable and we would like to extend their agreement to include custodial services to the
Administration Building.
PROGRAM IMPACT: RESPECT OF FLORIDA provides employment opportunities for Florida citizens with
disabilities.
FISCAL IMPACT:
Account#:
401-2811-536-49-17
401-2821-536-49-17
Estimated Emenditure:
$17,438.46
$28,303.41
$45,741.87
ALTERNATIVES: To competitively bid service which may result in significantly igher costs.
Procurement Services
,......
S:IBULLETIN\FORMSIAGENoA ITEM REQUEST FORM.DOC
C: Barb Conboy - Utilities Administration Manager
File
1 RESOLUTION NO. R 06-
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING A CUSTODIAL SERVICES
6 AGREEMENT WITH RESPECT OF FLORIDA FOR
7 THE EAST WATER TREATMENT PLANT IN THE
8 AMOUNT OF $17,438.36 AND THE UTILTIIES
9 ADMINISTRATION BUILDING IN THE AMOUNT
10 OF $28,303.41 WITH A TOTAL EXPENDITURE OF
11 $45,741.87; AUTHORIZING THE MAYOR TO
12 EXECUTE SAID AGREEMENT; AND PROVIDING
13 AN EFFECTIVE DATE.
14
15 WHEREAS, the Utilities Department has used Respect of Florida for custodial
16 services at the East Water Treatment Plant and would like to expand their services top the
17 Administration Building; and
18 WHEREAS, RESPECT is a program falling under the auspices of the State of
19 Florida according to Florida Statute 413.036 which provides employment to disabled citizens
20 of Florida.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
22 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby
27 approves a Custodial Services Agreement with RESPECT OF FLORIDA for the East Water
28 Treatment Plant in the amount of$17,438.46 and the Utilities Administrative Building in the
29 amount of $28,303.41 for a total expenditure of $45,741.87, and authorizes the Mayor and
30 City Clerk to execute the Agreement between the parties, a copy of which is attached hereto.
S:\CA\RESO\Agreements\Custodial Services - RESPECT.doc
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Section 3.
That this Resolution shall become effective immediately.
PASSED AND ADOPTED THIS _ day of November, 2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
S:\CA\RESO\Agreements\Custodial Services - RESPECT.doc
~ ~~;>>!:~~! ~
City of Boynton Beach
Administration BuIlding
Janitorial ServIces
August 15,2006
Breakdown of Proposed Price *
Direct Labor
Fringe Benefits
Chemicals and Supplies
Equipment
Floor Care
Window Cleaning
General and Administrative Costs
CNA Fee"
Total Proposed Annual Contract Price
,
Above cost line items are projections. Line items may be reasonably adjusted by contract assignee,
without increasing annual price, to accommodate unanticipated costs. Such adjustments must not
adversely effect the perfonnance of the contract and the meeting of contract specifications.
,
$13,872.90
3,551.26
1,365.36
640.00
4,651.50
1,024.00
1,500.18
1,698.21
$28,303.41
" RESPECT of Florida, as the designated central nonprofit agency (CNA) of the Department of Management
Services, has been authorized a fee of six percent (6%) of the total contract price pursuant to Section
60E-1.003, Florida Administrative Code.
I accept the above price for the identified contract.
(Signature of Authorized Representative)
(Print or Type Name)
(Title)
(Dale)
Signing this price proposal does not contractually bind your agency nor RESPECT of Florida.
It simply indicates an agreement of the price for the stated services.
Pleasefax approval back to RESPECT of Florida at (850) 656-0168, Attn: Nancy Perlman. Thank you.
f:\groups\respect\services\proposals\Boynton Admin ($28303 41) 8-14-068/2812006
i'"
Memorandum
Utilities #06-148
RECEIVED
SEP 2 9 2006
.
PROCUR~ SERVICES
From:
Bobby Jenkins
Assistant Finance DirectoJLr
Kofi Boateng, PE 11 ^ -=::::7 A
Utility Director 'NIf ) ~ ' ~ J
q ( ;l~F(.
To:
Date:
September 5, 2006
Subject:
Custodial Services - Respect of Florida
Agenda Item
~....
The Utility Department has been working with Facilities on a Two-Year Custodial
Services Contract. During the recommendation phase, the department contacted
Facilities and informed them that we would be seeking approval to expand
services with Respect of Florida. The information is outlined in Public Works .
memorandum # 06-079. We are currently using Respect of Florida in our East
Water Treatment plant. The Utility Department would like to utilize the custodial
services offered by the State organization, Respect of Florida. This organization
provides employment opportunities for Florida citizens with disabilities. Their
work has been acceptable and we would like to extend their contract to include'
custodial services to the Administration building.
~
Attached is a letter outlining the custodial services to the East Water Treatment
plant and the Administration building. Also included is the cost proposal for both
buildings. The cost fQr the plant is $17,438.46 and funding is available in account
#401-2811-536-49-17 and the cost for the Admin. building is $ 28,303.41 and
funding is ,available in account #401-2821-536-49-17. The total cost is
$45,741.87.
Please present this at the next Commission meeting for their approval. If you
haVe any questions please contact me at ext. 6401 or Tony Lombardi at ext.
6421.
Attachments
Xc: Peter Mazzella
Tony Lombardi
Barb Conboy
Chris Roschek
File
".....
~ ~~;>>!:~~~~
.
2475 Apalachee Parkway, Suite 205
Tallahassee, Florida 32301-4946
(850) 942-0905
(850) 656-0168 fax
September 5, 2006
Via Email and US Mail
Anthony Lombardi
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, Florida 33435
RE: East Water Treatment Plant Janitorial Contract
Administration Water Treatment Building Janitorial contract
Dear Mr. Lombardi:
RESPECT of Florida would like to renew the above referenced seIVice contract. Attached
for your review and approval is a price proposal of $17,438.46 for the East Water
Treatment Plant Janitorial Contract and a price proposal for the Administration Water
Treatment Building Janitorial contract. This price is based on the minimum wage
increase for this year. This renewal will be effective to September 30,2007.
If this proposal is acceptable, please sign the enclosed form and send it back to our office
via facsimile at (850) 656-0168. Please note that this does not bind your agency or
RESPECT of Florida contractually; it represents an agreement of the stated price for the
proposed service. Please address all correspondence and contractual infonnation to the
Tallahassee Office.
We would appreciate your positive consideration of this request and the opportunity to
provide employment opportunities for Florida citizens with disabilities. If you have any
questions please contact Nancy DoVale at (561) 248-9077, or email
ndovale@.resoectoffiorida.org.
Sincerely,
:Nancy Per[man
Nancy Perlman
SeIVice Contracts Administrator
",-
1?~
}
DEPARTMENT OF PUBLIC WORKS
MEMORANDUM NO. 06-079
.
DATE:
Bobby Jenkins, Assistant Director of Finance / PROCUREMENT
Jeffrey R. Livergood, Director of Public Works -JilL
Christine Roberts, Assistant Director of Public Works cR
Paula J. Leblanc, Facilities Management superviso~
July 25, 2006
TO:
THRU:
FROM:
RE:
Two-Year Contract for Custodial Services - Bid #042-2511-06/JA
I have reviewed the bid tabulation sheets and have found First Genesis Lawn
Services, Inc. to be the lowest bidder for Areas B through H; the following areas
were excluded.
'"
o Area A (City Hall Complex) -
Continue to clean with in-house staff.
o Area 11 (East Water Plant) & Area 12 (Utilities Administration/Operations) -
To be. contracting with RESPECT, a state recognized organization
employing the handicap.
o Area J1 (Mausoleum Chapel Area) and Area J2 (Cemetery Maintenance
Building Office/Restroom) -
To be cleaned by the Parks Division staff.
As part of my review of the bid submitted by First Genesis Lawn Services, I did
attempt on several occasions to contact the four references listed as part of their
Bidder's Qualifications. The only references to respond to my phone call were
both from Palm Beach County; one from Parks & Recreation and one from the
Downtown Area. Both references have only contracted with First Genesis for lawn
maintenance services. One of the references did acknowledge that he has
contracted with the company's listed Staff & Building Manager, Tommy Brown
(TLB Maintenance), for custodial services. It is important to note that First
Genesis has not proved that they have the requisite corporate qualifications for
custodial services, but I. acknowledge that they have listed Mr. Brown as an
employee. However, we can only hold First Genesis' accountable for their
performance as a company, not their employees. In other words, we would have
no contractual relationship with the employees of First Genesis.
"'~
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,
Bobby Jenkins
July 25, 2006
Page 2
I have also considered the $98,892 between the first and second lowest (U.S.S.I.)
bidders for Areas B through H. When the low bidder is this much lower in price, I
am concerned that the bidder may have missed something in the contract
specifications. This, however, is an operational matter as it is the responsibility of
Facilities Management to ensure contract compliance.
Therefore, in evaluation and review of these issues, I must defer any award
recommendation to you. I ask that Procurement ensure that First Genesis has
complied with all requirements of the bid process, including specific evaluation of
references. Should you determine that First Genesis is qualified to perform this
work, then I will ensure that the quality of work complies with the bid specifications.
The estimated expenditure for FY06/07 for this bid in Account #001-2511-519-
34.10 (Janitorial Services) is $191,724 as broken down below.
Areas B -H
Anticipated Areas to come on-line in FY06/07
Semi-Annual Deep Cleaning at Fire Stations (4)
CarpeUFurniture Cleaning
=
$161,844
$4,880
$16,000
$9,000
=
=
=
Should you need any additional information, please call me.
Copy: Wally Majors, Recreation & Parks
Jody Rivers, Recreation & Parks
Tony Lombardi, Utilities
Barbara Conboy, Utilities
Tony Taylor, Facilities Management Crew Supervisor
PW Files
.
;-
The City of Boynton Beach
Administration Building
Scope of Services
Monday, Wednesday and Friday
Task Schedule - Daily
General Housekeepinl!
Gather all trash, insert liner and remove to proper disposal. Paper recyclable
material shall be collected and stored for removal as designated. Nothing shall be
removed from desk and or tables unless specially marked to be thrown out.
Dust as necessary, exposed table areas, counter tops, file cabinets, and bookcases
and shelve. Desks to be cleaned only on written request.
Dust as necessary all vertical blinds in offices and common areas.
Spray and wipe down clean fingerprints and beverage rings, working are of tables,
file cabinets and chairs. Computer keyboards and other sensitive electronic
equipment will not be cleaned or dusted.
Clean, scour and sanitize water fountains.
Spot clean glass an all entrance doors.
"
Spot clean interior door glass and glass partitions.
Restrooms. locker rooms. Kitchen and lunchrooms
Clean, sanitize and polish all metal fixtures and vitreous fixtures including toilet
bowls, urinals, hand basins and sinks.
Clean all chrome fittings.
Clean and sanitize toilet seats (both sides) and all counter area.
Clean mirrors
Empty all containers and insert liners.
Clean and sanitize floors
Dust tops of partitions as necessary.
Spot clean walls around sinks
Spot clean walls around and under towel cabinets and urinals.
;"~
Clean and refill all dispensers.
Spot clean chrome fittings and floor with disinfection in Men's and Women's
showers.
Clean urinal screens, replace urinal deodorizers as needed.
Clean kitchen cabinets, countertops and the exterior of applicances and vending
machines.
Clean interior and exterior of microwave ovens.
Clean lunchroom table tops with disinfection cleaner.
Floor care - resilient and hard
Dust mop all hard floor surfaces with treated mop.
Totally damp mop all hard floor surfaces.
Totally mop all entrance floors (mats picked up).
Vacuum floor mats.
Detergent mop, rinse and disinfect all restroom floors and locker room floors.
Floor care - carpet
Remove any spots with cleaner as needed.
Vacuum all open carpeted areas using a heap filtration systems.
Custodial closets
Damp mop and / or sweep floors.
Store all stock and equipment on the shelves and in the proper areas of the closet.
Elevator
Wipe down all doors, frames and walls with cleaner leaving a streak free surface.
Vacuum floors and door tracks.
Task schedule - tasks to be accomDlished WEEKLY
General housekeeDinl!:
Clean and sanitize telephones.
-
,
Dust all horizontal surfaces including windowsills, ledges, molding, picture
frames and wall hangings (including restrooms and lunchroom) up to a height of
twenty feet.
Dust tops of all room divider partitions.
Totally clean all entrance door glass.
Remove fingerprints from doors, molding and from around light switch plates
(including restrooms and lunchrooms).
Dust tops of all lockers.
Clean vinyl and hard surface backs and bases of all chairs.
Restrooms, locker room. kitchen and lunchroom
Damp clean partitions and partition doors
Spot clean all walls
Totally clean (scrub) wall and chrome fitting with scum remover and approved
. disinfectant in men's and women's shower.
-
Add germicidal detergent to floor drians.
Floor care - resilient and hard
Machine spray buff all resilient tile areas. Damp mop lobby ceramic paver tiles
with mild cleaner. Do not use a strong cleaner or flood panels with cleaning agent.
All entrance grills and carpet mats shall be cleaned by means of an approved dry
method.
Floor care - carpet
Lift arid vacuum under all plastic chair mats, damp wipe mats.
Vacuum all restricted areas (areas that could not be normally reached) and edges
using a crevice tool.
Task schedule - tasks to be accomplished MONTHLY
General housekeepine.
Vacuum dust from all window blinds
,.~
Vacuum or dust HV AC diffuser outlets, walls and ceiling for cobwebs.
Vacuum all upholstered chairs and furniture.
Dust exterior of all lighting fixtures and diffusers.
Clean or vacuum all vertical surfaces or room dividers and partitions.
Floor care - resilient and hard
Resurface (machine surface scrub and speed bufl) all areas.
Restrooms, locker room, kitchen and lunchroom
Use brush to clean floor drains and remove corrosion and tarnish.
Task schedule - tasks to be accomlllished OUA TERL Y
All quarterly task items will be done in December, March, June and September. They will
be scheduled with the contract administrator at least one week in advance.
Restrooms, locker room. kitchen and lunchroom
Thoroughly clean all restrooms, locker room partitions and walls.
Clean exterior of all lockers.
Exterior elass
Complete cleaning of all exterior glass (doors, windows) by approved
professional methods. Spot cleaning of exterior glass more often as necessary.
Task schedule - tasks to be accomlllished SEMI-ANNUALLY
General housekeelline
Clean and polish all wood doors
Clean all lighting fixtures, diffusers and lamps.
Floor care - resilient and hard
Completely refinish (strip, seal, wax and bufl) all floors
Machine scrub and refinish all restroom floors (no wax).
Scrub and clean all baseboards.
Floor care - carllet
,
,....
Shampoo and steam clean all carpeted floors. Also apply 3-M carpet protector to
all carpets.
Task schedule - tasks to be accomplished ANNUALLY
Ceramic tile will be acid wash and power rinsed
Scope of Services
Tuesday and Thursday
All areas of the buildinl!
Empty all trash containers and insert liners.
Refill all paper dispensers.
"
I
~ITY OF BOYNTON BEACH WATER TREATMENT PLANT
SCOPE OF SERVIcES
EAST Plant - 3 days - Monday, Wednesday, Friday
First Floor:
I. Main lobby
2. Restrooms
3. Ltulch Room
4. H~ways
5. Conference Room
Second Floor:
1. 3 offices
2. Lab
3. Hallways
Sweep and mop, sweep carpet at front door
Sweep, mop, empty trash, clean toilets, clean mirrors
. .
Sweep, mop, empty trash, wipe counter top
Sweep, mop
Sweep, mop, empty trash
Vacuum, dust, empty trash
Sweep, mop, wipe cOlmter top
Sweep, mOp, dust window sills
EXIllBIT "A"
-
. RESPECT / State Contracts, Agreements and Price Lists / Vendor Information / State Pur... Page I of I
,
Search all (including archived) for
" keywords and phrases:
I --.J
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RESPECT
RESPECT products and services are available for purchase by state agencies, as
required by s. 413.036, FS. Exceptions require justification. The method of
purchase from these RESPECT price lists by political subdivisions (cities,
counties, school boards, etc.) is dependent upon local ordinances and
regulations governing procurement.
Number
End Category ContractorsAdlT
Name Start
Program for
Purchase
from the
Blind or
914_000_0S_ROther
r\ Severely
Handicapped
Central Non-
Profit
Agency
07/07/2004
RESPECT
07/06/2007 PRODUCTS
&
SJ;RVIC~~
DOni
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October 2, 2006
State Contracts, Agreements and Price Lists
RetJJrn_t~LStQJe Purcl1-<'1sing
Terms and Conditions I Help Desk I Privacy Staternent I Accessibility I Website Feedback
I Copyright @2006 Department of Management Services - State of Florida
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http://dms.myfIorida.com/business _operations/state -purchasing/vendor _information/state _'" I 0/2/2006
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VI.-CONSENT AGENDA
ITEM B.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Connnission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meetine: Dates in to City Clerk's Office Meetim!': Dates in to City Clerk's Offic~
0 August I, 2006 July 17, 2006 (Noon.) 0 October 3, 2006 September 18, 2006 (Noon)
0 August 15, 2006 July 31, 2006 (Noon) 0 October 17,2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) [ZJ November 8, 2006 October 16. 2006 (Noon)
0 September 19,2006 September 5. 2006 (Noon) 0 November 21, 2006 November 6. 2006 (Noon)
NATURE OF
AGENDA ITEM
o
o
[ZJ
o
o
Announcements/Presentations
Administrative
Consent Agenda
Code Compliance & Legal Settlements
o
o
o
o
o
City Manager's Report
New Business
Legal
Unfinished Business
C)
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RECOMMENDATION: A Motion to award the "INST ALLA TION OF VOICE AND DATA WIRING IN 'OlE n ~
LIBRARY" BID# 070-2610-06/JA, to CONVERGED SOLUTION & SERVICES of DELRA Y BEACH, FLORIdl',m.
the amonnt of $24,999.00. ~
Publie Hearing
. .
- ",_.,.
.-"--
EXPLANATION: On September 28, 2006, Procurement Services opened and tabulated six (6) proposals to
"PROVIDE AND INSTALL VOICE AND DATA WIRING IN THE LIBRARY". The proposals have been reviewed
and it was determined that Converged SoIntions and Services, of DeIray Beach, Florida, was tbe lowest, most
responsive bidder who meets all speeifications. John McNally, ITS Manager, concnrs with tbis recommendation (see
attached memo #06-013).
PROGRAM IMPACT: The purpose of this bid was to provide and install voice and data wiring in the newly
constructed Boynton Beach Library building (phase 2). The address of the Boynton Beacb Library is 208 South
Seacrest Boulevard, Boynton Beach, Florida.
FISCAL IMPACT:
BUDGET ACCOUNT:
301-4 I 04-580-62-01
CP040
BUDGET AMOUNT:
$24,999.00
Procurement Services
City Attorn y / Finane
CC: HohnrMhN~llye- ITS MAnager
Peter Wallace - ITS Director
Cathy McDeavitt - Asst too ITS Director
Cnaig Clark - Interim LIbrary Director
File
S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM,DQC
ITS Memorandum No. 06-013
MEMORANDUM
To: Bobby Jenkins, Assistant Director/Financial Services
From: John McNally, I.T.S. Manager JMC,
Re: City of Boynton Beach, Provide and Install Voice and Data Wiring in the
Library
Bid No. 070-2610-06/JA
Date: October 13, 2006
The I.T.S. Department has reviewed the bids submitted for the installation of voice
and data wiring in the City of Boynton Beach Library. Of the bids received and
reviewed, the one submitted by Converged Solutions and Services (CSS) was found
to be the most responsive, and the lowest bid. We have reviewed the vendor's
customer references for which we received very good reviews. Therefore, it is the
recommendation of this department that bid number 070-261 0-06/JA for "PROVIDE
AND INSTALL VOICE AND DATA WIRING IN THE LIBRARY" in the amount of
$24,999.00 be awarded to Converged Solutions and Services. The bid tab sheets
are attached.
Funding for this bid is in the CIP account # 301-4104-580-62-01 and Project #
CP0408.
Please contact me if any additional information is required.
Attachments
Copy:
Peter Wallace, I.T.S. Director
Cathy McDeavitt, Asst to the I.T.S. Director
Craig Clark, Interim Library Director
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM 8.3
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetine: Dates in to City Clerk's Office Meetintz Dates in to City Clerk's Office
D August 1,2006 July 17,2006 (Noon.) D October 3, 2006 September 18,2006 (Noon)
D August 15, 2006 July 31, 2006 (Noon) D October 17, 2006 October 2, 2006 (Noon)
D September 6, 2006 August 14,2006 (Noon) 1:81 November 8, 2006 October 16, 2006 (Noon)
D September 19, 2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon)
,
NATURE OF
AGENDA ITEM
D
D Administrative
1:81
D
D
Consent Agenda
Legal
Unfinished Business
CCl
-;--:J
--.1
r"
w
-.,-
''t-i
AnnouncementslPresentations
D City Manager's Report
D New Bnsiness
D
D
D
:;----<j
.=i-<
Code Compliance & Legal Settlements
--.. ::,~
(::) 'I
~. -qCl:;
RECOMMENDATION: A motion to approve a contract for Bid# 001-24I3-07/CJD, CONSTRUCTION l?B ~~N
PARK to West Construction, Inc. of Lake Worth, Florida in the amount of $6,189,000.00 with a co'n'llngeJi\iY, of
$618,900.00. :0::
Public Hearing
)",;,,.
'C
EXPLANATION: On October 11, 2006, Procurement Services received and opened three (3) proposals. The
proposals were evaluated by our design consnItant Kimley-Horn and Associates, a well as our Engineering
Department and it was determined that West Construction, Inc. of Lake Worth was the lowest, most responsive
responsible bidder who met all specifications. David Stump, Senior Project Manager, concurs with this
recommendation (see memo #06-116).
PROGRAM IMP ACT: The purpose of this bid is to construct a Wilson Park Community Center of approximately
12,000 square feet, basketball courts, shelters, a playground and remodeling ofthe existing pool.
FISCAL IMPACT:
ACCOUNT#:
302-4113-580-62-01
EXPENDITURE:
$6,807,900.00
ALTERNATIVES: The alternative would be not to build this clubhouse at this time and pay additional huilding costs
at a later date.
Procurement Services
S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM,DOC
C: David Stump - Project Manager
File
1
2 RESOLUTION NO. R06-
3
4 A RESOLUTION OF THE CITY OF BOYNTON
5 BEACH, FLORIDA, APPROVING A CONTRACT
6 FOR BID #001-2413-07/CJD TO WEST
7 CONSTRUCTION, INC., OF LAKE WORTH FOR
8 THE CONSTRUCTION OF WILSON PARK
9 COMMUNITY CENTER IN THE AMOUNT OF
10 $6,189,000.00, PLUS A CONTINGENCY IN THE
11 AMOUNT OF $618,900.00 FOR A TOTAL PROJECT
12 BUDGET APPROPRIATION OF $6,807,900.00;
13 AUTHORIZING THE CITY MANAGER TO
14 EXECUTE CONTRACT DOCUMENTS; AND
15 PROVIDING AN EFFECTIVE DATE.
16
17 WHEREAS, three (3) proposals were received and opened by Procurement
18 Services on October 1 I, 2006, for the construction of the Wilson Park Community Center
19 and together with the City's design consultant, Kimley-Hom and Associates, staff is
20 recommending the award to West Construction, Inc., as the lowest, most responsive,
21 responsible bidder who met all specifications.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section I.
The foregoing "Whereas" clauses are hereby ratified and confirmed
25 as being true and correct and are hereby made a specific part of this Resolution upon
26 adoption.
27
Section 2.
The City Commission of thc City of Boynton Beach, Florida,
28 hereby approves the award of Bid #001-2413-07/CJD to West Construction, Inc., for the
29 construction of the Wilson Park Community Center.
30
Section 3.
The City Manager is authorized to execute a contract in the amount
31 of $6, 189,000.00 plus a contingency of 10% in thc amount of $618,900.00 for a total
S:\CA\RESO\Agreements\Bid Awards\Award of Bid ~ Wilson Park Comm Ctr (West Const).doc
project budget appropriation of $6,807,900.00, a copy of said Contract is attached hereto
2 and made a part hereof.
3
Section 4.
That this Resolution shall become effective immediately.
4
PASSED AND ADOPTED this
day of
,2006.
5
6
7
8
9
10
11
12
13
14
15
16
17
1B
19
20
21
22 ATTEST:
23
24
25 City Clerk
26
27 (Corporate Seal)
28
29
30
31
32
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESO\Agreements\Bid Awards\Award of Bid - Wilson Park Comm Ctr (West Const).doc
BID TITLE: CONSTRUCTION OF WILSON PARK
BID NUMBER: OOI-24I3-07/CJD
PROJECT NUMBER:CP0437
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 9th day of November, 2006, by and between
the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the
CITY" or "OWNER" and WEST CONSTRUCTION, INC.
a Florida Corporation LX)
a Florida General Partnership L-J
a Florida Limited Partnership L-J
a Sole Proprietor L-)
Check One
hereinafter called "CONTRACTOR".
WITNESSETH
WHEREAS, The City has heretofore invited bids for a City construction project ("Project")
identified by the bid title, bid number and project number listed above and commonly referred to as:
CONSTRUCTION OF WILSON PARK
WHEREAS, Contractor, in compliance with the bidding requirements announced by the
City, submitted a bid on the 11 th day of October, 2006, for the total bid amount of $6,189,000.00;
and,
WHEREAS, On the 8th day of November, 2006, 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 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-!
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 ofthe 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 III 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:
Advertisement for Bids
Instructions for Bidders
Bid Proposal
Bid Bond
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
2.2.1.
2.2.2.
2.2.3.
2.2.4.
2.2.5.
C-2
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 (I) 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 charier, ordinances, codes
and regulations ofthe City of Boynton Beach, Florida.
3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed
C-3
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 365
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.
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
C-4
as unfit.
6. LIQUIDATED DAMAGES
6.1. The CONTRACTOR further agrees to pay $2.000.00 per day as liquidated
damages, for failure to begin within ten (10) days of CITY'S issuance of the
"Notice to Proceed" or failure to achieve Substantial Completion within 365
calendar days from the Commencement Date as indicated in the written "Notice
to Proceed". The CITY shall have the right to deduct said liquidated damages
from any amount due, or that may become due the CONTRACTOR, or to collect
such liquidated damages from the CONTRACTOR or his Surety.
6.2. Punch list items recorded as a result of inspections for Substantial Completion are
to be corrected by the CONTRACTOR within thirty (30) calendar days and prior
to any request for Final Inspection, Testing and Acceptance as stated in the
General Conditions for Construction (GC-50). If the Substantial Completion
punch list items have not been corrected by the CONTRACTOR within the thirty
(30) calendar day period, at the discretion of the Project Manager, Liquidated
Damages may be applied as described in Section 6 above.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the CITY
as more particularly set forth in the Technical Specifications for Construction,
01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE
PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR
WATER TREATMENT PLANT PROJECTS.
8. INDEMNIFICATION
8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, servants, and employees from and against any claim, demand, or cause of
action of whatsoever kind or nature arising out of error, omission or negligent act
of CONTRACTOR, its agents, servants, or employees in the performance of
services under this Agreement.
8.2, CONTRACTOR shall indemnify and save harmless. and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and paralegal expenses at
both the trial and appellate levels) of whatsoever kind or nature for damages to
persons or property caused in whole or in part by any act, omission, or default of
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
C-5
obligation of indemnification provided for in this paragraph. The indemnification
required pursuant to the Contract shall in no event be less than $1 million per
occurrence or no more than the limits of insurance required of the
CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable and said
provision shall be in compliance with Section 725.06, Florida Statute.
8.3. The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as well
as the insurance provisions which are set forth in the General Conditions for
Construction. However, the indemnification provision, and the insurance
provision contained in the General Conditions for Construction are not
interdependent of each other, but rather each one is separate and distinct from the
other.
8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to
any offset, limitation or defense as a result of any insurance proceeds available to
either the CITY or the CONTRACTOR.
9. PAYMENT BY CITY
9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions as provided in the Contract
Documents.
10. CHANGES IN THE WORK
10.1. The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the work, the Contract sum
being adjusted accordingly. 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.
C-6
11. PROJECT ENGINEER
11.1. The Project Engineer ("Engineer") is DAVID STUMP
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.
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 ofthe 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.
C-7
15. REMEDY FOR DELAY
15. I. 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 aIlocated to
complete the project.
15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION.
CONTRACTOR hereby acknowledges that he has read and understands the above
provision.
INITIALS
15.3. Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shaIl be held responsible for completing
the work within the time aIlocated by this contract.
15.4. All requests for extension of time to complete the work shaIl be made in
accordance with the General Conditions for Construction GC-23, EXTENSION
OF TIMEINO DAMAGES FOR DELAY.
15.5. For the purpose of this section, the phrase "the CITY, its agents and employees"
shaIl include but shaIl not be limited to the Project Engineer and Project Manager.
16. DISPUTES
16.1. Disputes shaIl be resolved as set forth in the General Conditions for Construction
GC-18, DISPUTES.
16.2 Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City
Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
C-8
Signed, sealed and witnessed
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
City Manager
Attest:
Approved as to Form:
City Attorney
City Clerk
Signed, sealed and witnessed
in the presence of:
CONTRACTOR
President or Vice President
Attest as to CONTRACTOR
State of Florida
)
) sis:
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-9
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DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 06-116
TO:
Bobby Jenkins
Assistant to the Finance Director
Financial Services Department
H. David Kelley. Jr., PE/PSM d/
City Engineer)(f
Public Works DepartmenVEngineering Division
THRU:
FROM:
David Stump
Senior Project Manager
Public Works DepartmenVEngineering Division
€j)
DATE:
October 20, 2006
RE:
Wilson Park Project
Bid# 001-2413-01/CJD
Recommendation of Award
Bids were received and publicly opened for the above noted project on October 11, 2006 with
Procurement in attendance. Out of four (4) potential contractors, three submitted bids. Our design
consultant Kimley-Horn and Associates in conjunction with M.PA Architects has reviewed the bid
package submitted by the three (3) bidders and found bid packages complete. The apparent low bidder
was West Construction, Inc. with a total bid including alternate 1 to be $6,189,000.00 (Six Million One
Hundred Eighty Nine Thousand Dollars.)
Kimley-Horn and M.P.A both checked the references submitted by the proposed low bidder. Attached is
the original letter from our consultant.
Based upon the bid package our consultant's October 18, 2006 letter recommends the award for this
project to West Construction. Inc. This office concurs with the recommendation. Staff would appreciate
your award to West Construction, Inc. in the amount of $6.189.000.00 with a contingency of
$618,900.00.
The Account # is 302-4113-580-62-01 and the Project # is CP 0437.
Please present this recommendation to the City Commission for their approval.
In the event additional future information is required please call me at ext. 6986.
Xc: Jeff Livergood, PE, Director of Public Works
Wally Majors, Director of Recreation and Parks
File
S:\Engineering\ Memorandums\Memorandums 2006\06-116 STUMP-Recomendation for Wilson Park Project.doc
~=n
Kimley.Horn
and Associates, Inc.
October 18, 2006
.
4431 Embarcadero Drive
Wesl Palm Beach, Florida
33407
~r. Ilavid Stump
City of Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425
Re: Contractor Selection and Bid Review
Construction ofthe Wilson Center, Pool, and Park Complex
Ilear ~r. Stump:
The bid opening results for the referenced project held on October II, 2006 were as
follows:
. WEST Construction Inc.
o Base Bid.......
o Add alternate...........
. TOTAL...........
$ 6,139,000.00
$ 50,000.00
$ 6,189,000.00
. Kast Construction
o Base Bid,....
o Add alternate..,.
. TOTAL.
$ 6,502,000.00
$ 125,000.00
$ 6,627,000.00
.
IliPompeo Construction
o Base Bid....,..... ....,.. ....,..
o Add alternate.."...".,.,."
. TOTAL..,.....
$ 6,727,000.00
$ 25,000,00
$ 6,752,000.00
All three bid submittals were checked and verified to be complete and in compliance
with the requirements of the project bid package.
Based on the design teams' review of the submittal packages we recommend that
West Construction be awarded the Wilson park project for the City of Boynton Beach
Florida.
.
TEL 561 845 0665
FAX 561 863 8175
~=~
Kimley.Horn
and Associates, Inc,
Both Kimley-Horn and Associates (KHA) and MP A Architects (MP A) have direct
experience working with West Construction on previous park projects.
West Construction has extensive park construction experience and extensive aquatic
facility construction experience. They are in the process of finishing the $ I 0 million
dollar park F in the next 60 days for Palm Beach County. They have a trained park
crew in place to transfer over to the Wilson project.
Both KHA and MP A have found West Construction easy to work with over the
years. In our previous experience with them, West Construction has provided above
industry standard quality for other park projects in South Florida. West Construction
has also been responsive to any warranty issues after they have completed our
projects.
In summary, the design team believes that West Construction will be an asset to the
successful completion of the Wilson Park Project for the City of Boynton Beach,
Florida, and recommend that they ,be awarded the construction contract by the City of
Boynton Beach.
Very truly yours,
~s.mc
Michael D. Spruce, P.E.
Project Manager
Copy: Angelina Fairchild, File - KHA
Mark Beatty - MP A
H:\044349009\correspondence\WEST award recomnmdation IO~18-06.doc
a. .
CONSTRUCTION
Submit Bids To:
Broadcast Date:
Bid Title:
Bid Numbcr:
BIDDER ACKNOWLEDGEMENT
PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6323
AUGUST 22, 2006
CONSTRUCTION OF WILSON PARK
#001-2413-07/CJD
Bid Received By: OCTOBER 11, 2006, NO LATER THAN 2:30 P.M. (LOCAL TIME)
Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and
time is scheduled for: OCTOBER 11, 2006, no later than 2:30 P.M. (local time) and may not
be withdrawn within ninety (90) days after such date and time.
All awards made as a result of this bid shall conform to applicable sections of the charter and
codes ofthe City.
Name of Vendor:
Federal LD. Number:
wP~t- ~nn~rrll,...t-inn Tn,...
.
59-1809068
A Corporation of the State of:
Area Code:
561
Area Code:
561
Mailing Address:
City/State/Zip:
Vendor Mailing Date:
Florida
Telephone Number: 588-2027
FAX Number: 582-9419
318 South Dixie Highway, Suite 4-5
Lake Worth, Florida
33460
Martha A. Morgan, President
Name Typed
TIllS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
BA-I
ADD END A
CITY OF BOYNTON BEACH
FLORIDA
BID TITLE:
Construction of Wilson Park
BIDDER:
,~",st C~onstruction, Inc...".....-.._,
DATE SUBMITTED: October--.J.lL, 2006,__
_...--_....-------- --- .....--.---..--
We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the
Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of
transportation, construction, coordinalion, labor and services necessary to complete/provide the
work specified by the Contract documents.
Having studied the documents prepared by:
Kimlev-Horn & Associates, Inc.
(Name of Project Manager/Architect/Consultant)
and having examined the project site (when indicated in these specifications to do so), we
propose to perform the work of this Project according to the Contract documents and the
following addenda which we have receivcd:
ADDENDUM DATE ADDENDUM DATE
01 09/22jO_6 02 09/25/06
---_.,'- ____.____.__n________ --_.-----
.-03__ ,10/04/06 .-OA_ 10109/06
_--05.,__ 10/0q/06 --~..' -------- --_.- ..-- .-..--.-
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
A-I
REVISED t 0/9106
(2" REVISION)
BID PROPOSAL
The Bidder agrees to accept as full payment for the:
CONSTRUCTION OF WILSON PARK
BID #OOl-2413-07/CJD
Scope of Work: Construction of a Community Center of approximately 12,000 square feet,
basketball courts, shelters, a playground and remodeling of the existing pool. The location is:
Wilson Park at the Comer ofN.W. I" and N.W. 12th Avenue.
GRAND TOTAL
$ 6,139,000.00
Six Million One Hundred Thirty Nine Thousand
Dollars
and
no/l00
(amount written in words has precedence)
Cents
ADD ALTERNATE DESCRIBED PER ADDENDUM #3
Additional Work To Pool Building Exterior
$
50,000.00
Fifty Thousand
Dollars
and
no/l00
(amount written in words has precedence)
Cents
The undersigned bidder agrees to commence work within ten (10) calendar days after the date of
the "Notice to Proceed" and shall achieve Substantial Completion without interruption within
365 calendar days thereafter.
L Original and three (3) copies of bid submitted.
~ Attached is a computer generated horizontal bar chart showing proposed schedule of
work.
V Schedule of Subcontractors submitted.
~ Site Inspection Form submitted.
/' Evidence of possession of required licenses and/or business permits submitted.
THIS PAGE TO BE SUBMITI'ED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
REVISED ]0/9/06
(2" REV]SION)
/' Insurance Reference Addendums #1 and #3
V' Roofing Team's Notice of Intent to Issue Roof Warranty
_L Sign each addendum on the last page ofthe corresponding Addendum
The undersigned bidder hereby represents that he has carefully examined the drawings and the
Contract including all Contract documents and will execute the Contract and perform all its
items, covenants and conditions, all in exact compliance with the requirements of the
specifications and drawings.
The bidder, by and through the submission of his Bid, agrees that he has examined and that he
shall be held responsible for having theretofore examined himself as to the character of the route,
the location, surface and underground obstructions, the nature of the ground water table,
conditions and all other physical characteristics of the work, in order that he may thereby provide
for the satisfactory completion thereof, including the removal, relocation or replacement of any
objects or obstructions which will be encountered in doing the proposed work.
The bidder, by submission of this Bid acknowledges that the bidder has been advised that in the
event bidder contests the award of this project to another bidder, that the bidder damages, if any,
are limited to actual Bid preparation costs and bidder hereby waives any claim it may have for
other damages coming from the City's failure to award the project bidder.
Date October 11" 2006
West Construction, Inc.
(Name of bidder, Corporation, Firm or Individual)
BY~ur(1.~
Martha A. Morgan
Printed Name
President
Title
(561)588-2027
Telephone Number
Florida Contractor's License Number
CBC057038 I CGC007966
TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
BID BOND
STATE OF FLORIDA)
COUNTY OF PALM BEACH)
KNOW AIL MEN BY THESE PRESENTS, that
West Construction, Inc.
as Principal, and
Western Surety Company
'. as Surety, authorized to do
business in the State of Florida are held and firmly bound unto the Owner, City of Bowton Beach
in the penal sum of Five Percent of Amount Bid __~________
Doll~ ($ 5% of amt ) lawful money of the United States, fur the payment of wWch swn will
bid ,
and truly to be made, we bond ourselves, our ho:irs, executors, adminiatrntors, and suecessors,
jointlyaml seve.rally, firmly by these presents.
subnutted the accompanying bid, dated october 11.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has
,20 ~ for:
CONSTRUCTION OF WILsON PARK
NOW THEREFORE,
A. If the principal shall not withdraw said J3:id within ninety (90) days after date of opening
of the same, and shall within ten (10) days after the prescribed furms are presented to
him fur signature, enter into a written Conlt'act with the: Owner in accordance with the
Bid as acceptcd, and give bonds with goods and sufficieht surety or sureties, as may be
required, fur the faithful perfonnance and proper fu1fi1Jmenr of such Contract, then the
above obligations shall bc void and of noeffuct, otherwise to remain in full force and
cffect ' ,
BlB- I
B. In the event of the withdrawal of said Bid within the peripd specified, or the failure to
enter into such Contract and give such bonds within the time specified, if the principal
shall pay the Owner the difference between the 3IIlount specified in said Bid and the
amount for which the Owner may pWllure the required work (l1ld supplies, if the latter
amount be in excess of the fonner then the above obligations shall be void and of no
effect, olherWisc to remain in full force and effect.
C. This bond is given to comply with Section 255.05 Florida Statutes, and anyaetion
im:tituted by a claimant under this bond for pa)'Illent must be in accordance with the
notice and time limitation provisions in Section 255.05(2), Florida Statutes.
IN WITNESS WHEREOF, the above bounded parties have executed this instrument
lmder their several seals, this 13th day of September, 2006 , being hereto affixed an<!
these presents duly signed by its undersigned representative, pursuant to authority of is gOverning
body.
WITNESS: (If Sole Ownership or partnership, two (2) Witnesses required).
(If Corporation, Secretary only will attest and affix seal).
PRINCIPAL:
West Construction, Ine..
Name of Finn
~.~
Matthew F. West, Secretary
Martha A. Morgan, President
Title
318 South Dixie Highway, Suite 4-5
Business Address
Lake Worth, Florida 33460
City and State
BIB- 2
SURETY:
Western Surety Company
Corporate Surety
WITNESS:
lf2x oAJld(}m
~o~Jk~
'Attorney-in-fact (affix seal)
D. Bichael Stevens
2405 Lucien Way:
Business Address
Maitland, Flori4a 32751
City State
Collinsworth, Alter, Lambert, Inc.
Name of Local InsuranCe Agency
BIB" 3
, ,
CERTIFlCA:fE AS TO CORPORATE PRlN"ClPAL
1, Matthew F. West
, certify that I am the Secretary of the Corporation named
as Principal in the within bond; that Martha A. Morgan Who signed the said Bid Bond
on behalf of the Principal, was then President of said Corporation;'that I know his
signature, and his signature hereto is genuine; and that said bond was duly signed, seated, and
attested fur and in behalf of said Corporation
(corporate seal)
West
STATE OF FLORIDA
)
COUNTY OF PALM BEACH
)
Hefore me, a Notary Public duly cuIIlll1issioncd, qualified and acting, PerSonally appeared'
D. Michael Stevens
to me well known, who being by me flrSt, only sworn upon oath. sayS
that he is tbe Attorney-in-Fact. for the Western Surety Company,
and that he has been
authorized by Western Surety Company
to execute the furegoing bond on behalf ofthe
Contractor named therein in favor for the Owner, the City of Boynton Beach.
~~ ~C1/~
.
"'"''''
S'.r,,,,,
BPENOA LASS
cO~h-i~'-)H,;:;": ~ 00.411016
~Ahl-;f:' .1,;'~ 102009
1l'';I,,11} iHlOUGtl
IUI !~COiINHf
BIB - 4
Western Surety Company
POWER OF ATIORNEY APPOINTING INDIVIDUAL ATIORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURElY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
havi~g its principal office in the City of Sioux Falls, and State ofSoutb Dakota, and that it does by virtue of the signature and-seal herein affixed hereby
make, constitute and appoint
Don A Lambert Jr, D Michael Stevens, Individually
of Palm Beach Gardens. FL. its bue and iawful Aitomey(s)-in-FaclWith full power and authority hereby conferred to sign, seal and' execute for and on its
behalf bonds, undertakings and other obligatory instruments of siririIar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as jf such instmments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified at'!d confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted. as indicated, by
the shareholders of the corporation.
[n Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its COIpOrate seal to
be hereto affixed on this 8th day .of December. 2004.
WESTERN SURETY COMPANY
~/zzZ~~OrVjCChcsWenI
State of South Dakota
County of Minnehaha
} 55
On this 8th day of December, 2004, before me personaUy came Paul T. Bruflat, to me known, who. being by me duly sworn" did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and
which executed the above instrument; that be knows the seal of said corporation; that the seal affIxed to the said instrument is such corporate seal; that it waS
so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like au~rity. and
acknowledges same to be the act and deed of said co~tion.
My commission expires
November 30. 2006
+..................-..~....~....~......- +
~ D. KRELL ~
I I
:~NOTARYPUBLIC~
:~SOUTH DAkOTA ~
+.............................................. t
~
~;{O'PubIiC
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby c~fy that the Power of Attorney hereinabove set fqrth is still in
force. and further certify that the By-Law of the corporation printed on the reverse hereof is stiI1 in force. In testimony whereof I have bereunto subscribed
my name and affixed the seal oftbe said corporation this 13tb _ day of September 2006
WESTERN SURETY COMPANY
Form F4280...{lI-OZ
g. ~{:'Is~ccremry
STATEMENT OF BIDDER'S QUALIFICATIONS
Each Contractor bidding on work included in these General Documents shall prepare and submit
the data requested in the following schedule of information.
This data must be included in and made part of each bid document. Failure to comply with this
instruction may bc regarded as justi fication for rejecting the Contractor's proposal.
* attach additional sheets giving the information
1.
Name of Bidder:
West Construction, Inc.
2.
Business Address:
318 South Dixie Highway, Suite 4-5
Lake Worth, Florida
33460
3.
When Organized:
December 1977
4.
Where Incorporated:
Florida
5. How many years have you bccn engaged in the contracting business under the present
firm name? 36 years.
6.
General character of work performed by your company.
Public I Commercial
98% Government Pro;ects
7. Enclose evidence of possession ofrequired licenses and/or business permits.
8.
Number of employees.
48
9. Background and experience of principal members of your personnel, including officers. *
Please see attached resumes.
10. Bonding capacity. $60 Million Aggregate
II. Have you ever defaulted on a contract? If so, where and why?*
No.
THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL
SBQ-l
STATEMENT OF BIDDER'S QUALIFICA1l0NS continued......
12. Experience in performance.
Project
$ Value
Contact Name
Phone #
WPB Fire Station #3 $2.822 1\47 00 .J~.ff;c Hal,verson
(56Hfi44-7416
Riviera Beach Aquatics Facility $1,900,000.00 John Williams (561)845-4212
PBC Fire Station #23 $2,509,000.00 Anil Patel
(561)233-0200
Phil Foster Park $4.617.000.00 David Lowe
(561)233-0200
13. Contracts on hand. *
Please. see attached project list.
14. Largest completed projects (includc final cost).
I)
Phil Foster Park
$4.617.000.00
2)
Loqqer's Run Park
$4,500,000.00
3)
Wellington Gymnasium
$3,000,000.00
15. List all lawsuits (design and/or construction related) or arbitrations to which you have
bcen a party and which: *
None.
I) arose from construction projects: *
N/A
2) occurred within the last 4 years: *
N/A
3) provide ease number and style: *
N/A
Dated at: Lake Worth, Florida
this ~h1ay of October
2006
~
By:
Name: Martha A Morg"n
(printed or typed)
Title: President
Rev, 05/30/03 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL
SBQ-2
Resumes
II
CONSTRUCTION
West Construction is located at 318 South Dixie Highway, SUite 4,5, lake Worth, FLvVe have been serving the
Palm Beach County area since 1969 and were lflcorporated as a Fiorida corporation in 1977
Our Federal Tax 10# 59-1809068
KE', PEf;;SOi'J
MARTHA A. MORGAN I Building Contractor I President and Co-Owner
EXPERIENCE
West Construction Ire 1985 - Present I Certifmd BUilding Contractor
BUSH:(~SS Director and Control!er
Hollywood. !rc 198? - 1989 I Legal ASSistant to Corpotate Attorney
EDUCATION
Bachelor-s Degree In BUSiness Administration I Nova University (1986)
LICENSES AND CERTiFICATIONS
Certified Building Contractor State of Florida i CBC057038
Florida Real Estate Broker
DON E. WEST General Contractor I Vice PresIdent and Co-Owner
EXPERIENCE West Construction. Ine 1969 - Present I General Contractor
Overall Construction DlrE;ctor
EDUCATION Bachelors Degree In BUilding Construction I UnIversity of Flonda (1965)
liCENSES AND CERTIFICA liONS
Certified Genera! Contractor State of Florida I CGC007966
Registered Building Contractor State of Florid2 I RB0010370
MATTHEW F. WEST Building Contractor j Lead Estimator & Projects Coordinator
EXPERIENCE \'\185t Construction. ;nc 1998 to presep( I Cert,fielJ BUHciirU Cw'tractor
lJ~c)(j Eslim?tof and Project COQrejin8!O!.
Self employed and attend~ng college 1993 to 1998 I
Designed, constructed and operated a college nightclub and a fine dininq
restaurant in Tallahassee Florida, while atlendlnq Florida A & M Universitv
majonng in Architecture
EDUCATION RA Degree In Arch:tecture Flonda AtlantIC University
LICENSES AND CERTIFICATION
Certified Building Contractor State of Florida CBC# 1251192
Has met Qualification standards and is awaiting te.sting w;th State of Flonda for Architectura:
license.
Mike Machek Boy Scout Park Improvements
Owner: City of Delray Beach (561)243-7300
Mr. Victor Majtenjy
Architect: City of Delray Beach Environmental Services, Engineering Division
(561)243-7300 Mr. Victor Majtenjy
99% Complete
Palm Beach Shores Town Center
Owner: Town of Palm Beach Shores (561)844-3457
Ms. Cindy Lindskoog
Architect: Sandy Babcock (305)856-2021
Mr. Anthony Tumminello
60% Complete
Pompano Beach Community Pool
Owner: City of Pompano Beach (954)786-4098
Mr. Randall Fowler
Architect: Corzo, Castella, Carballo, Thompson & Associates (954)565-2113
Mr. Jeff Crews
85% Complete
Village of Tequesta Village Hall
Owner: Village of Tequesta (561)575-6200
Mr. Michael Couzzo, Jr.
Architect: CH2MHILL (561)248-4098
Mr. James Rabideau
85% Complete
GENERAl CONTRACTORS
CGCOO7966
CONSTRUCTION MANAGERS
CBC057038
DESIGNlBUILD SERVICES
CBC1251192
('.C1NSTRUCT10"-i
Yamato, High Ridge and Hypoluxo Scrub Area
Owner: Palin Beach County Department of Environmental Management
Mr. Mark Arthay (561)233-2453
Architect: Palm Beach County Department of Environmental Management
Mr. Mark Arthay (561)233-2453
65% Complete
Jupiter Farms Soccer Fields
Owner: Palm Beach County Capital Improvements (561)233-0282
Mr. Larry Noegel
Architect: Michael B. Schorah & Associates (561)968-0080
Mr. Fred Roth
10% Complete
Olympia Park Running Track
Owner: Village of Wellington (561)791-4000
Mr. Paul Debernardo
Architect: In House Design/ Build
Mr. Matthew West
35% Complete
West Palm Beach Fire Station #7
Owner: City of West Palm Beach (561)494-1040
Mr. Jeff Halverson
Architect: CH2MHILL (561)515-6571
Mr. Anderson Slocombe
20% Complete
GENERAL CONTRACTORS
CGCOO7966
CONSTRUCTION MANAGERS
CBG057038
DESIGN/BUILD SERVICES
CBC1251192
BIDDER'S SITE INSPECTION CONFIRMATION
Check One:
~ NON-MANDATORY
D MANDATORY
BID TITLE: CONSTRUCTION OF WILSON PARK
BID NUMBER: 00l-2413-07/CJD
DATE: October 11, 2006
Matth~w p_ West, S~cretary
(Print Name and Title of Representative)
as an authorized representative of:
West Construction, Inc.
(Print Name of Company)
(hereinafter called the bidder) located at
318 South Dixie Hiqhway, Suite 4-5, Lake Worth, FL 3346llnd that said
Company Address
bidder has visited the site of the work and has carefully examined the plans and specifications for
said project and checked them in detail before submitting his bid or proposal.
SIGNATURE Q PANY
REPRESENTATIVE NAMED ABOVE
Matthew F. West, Secretary
September 27, 2006
DATE OF INSPECTION
OWNER'S REPRESENTATIVE
SIGNATURE FOR MANDATORY ONLY
Utilities Department
Rev, 12/30/03
BSI-l
NON COLLUSION AFFIDAVIT OF PRIME BIDDER
State of Florida )
....-,---'------- '
County of
Palm Beach
-)
Martha A. Morqan
__, being first duly sworn, deposes and says that:
1) S-leisPresident of West Construction. Inc.,
(Title) (Name of Corporation or Firm)
the bidder that has submitted the attachcd bid:
---'
2) !He is fully informed respecting the preparation and contents of the attached bid and of all
pertinent circumstances respecting such bid;
3) Said bid is genuine and is not a collusive or sham bid;
4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other bidder, firnl or person to submit a
collusive or sham bid in connection with the Contract for which the attached bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communications or conference with
any other bidder, firm or person to fix the price or prices in the attached bid or of any other
bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any
other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement
any advantage against the Ci ty_ of Boynton Beach (Local Public Agency) or any
person interested in the proposed Contract; and
5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its
agents, representatives, owners, employees, or parties in interest, including this affiant.
(Signed~r/~a~
(Title) President
Subscribcd and sworn to before mc
This _!2th day of OCt:ober
7f/jq~/P --
~~~ DANII!LLI! YVONNI!
']\..1 MYCOMMISSION#
~(Jff.' EXPIRES: t '>
(407) 398-0153 Aorl08 NoWy
S PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER
CKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
NCA.)
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA
)
: SS
)
COUNTY OF PALM BEACH
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be
paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift,
directly or indirectly by me or any member of my finn or by an officer of the corporation.
BY~~
NAME. SIGNAT
Martha A. Morgan, President
Sworn and subscribed before me
this 11 th day of October
, 20 06
Printed Infonnation:
Martha A. Morqan
NAME
President
TITLE
West Construction. Tne
COMPANY
4'~ DANIELL!! YVONN80ANC/
~., MV COMMISSION. OD59lS89s
'>ort\Q EXPIRES: SePt- 19, 2010
(407)388-0'S3 Florida NoIlwySeMcuom
"OFFICIAL NOTARY SEAL" STAMP
THIS PAGE TO BE SlffiMITTED ALONG WITH PROPOSAL IN ORDER FOR
BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
AKA-l
CONFIRMATION OF MINORITY OWNED BUSINESS
A requested form to be made a part of our files for futurc use and information, Please fill out and
indicate in the appropriate spaces provided which category best describes your company. Return
this form with your bid proposal sheet making it an official part of your bid response,
Is your company a Minority Owned Business?
xx
Yes
No
lfYcs, please indicate by an "X" in the appropriate box:
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) HISPANIC
(X,. WOMEN
( ) OTHER -_._-~-- ---'-..,------
(specify)
( ) NOT APPLICABLE
Do you possess a Certification qualifying your business as a Minority Owned Business?
YES xx
NO
If YES, Name the Organization from which this certification was obtained and date:
Palm Beach County. Florida n.-.Jl~04/2004_
Issuing Organization for Certification
_02/04/2004 - 0210412007
Date of Certification
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
MOB-!
Office of
Small Business Assistance
50 S. Military Trail, Suite 209
West Palm Beach, FL 334J5
(561) 616-6840
Fax: (56J) 616-6850
wwwpbcgov.com
.
Palm Beach County
Board of County
Commissioners
Warren H. Newell, Chairman
Carol A. Roberts, Vice Chair
Karen T. Marcus
Mary McCarty
Bun Aaronson
Tony Masilotti
Addie L Greene
County Administrator
Robert Weisman
H An Equal Opportunity
Affirmative lIen.on EmployerH
@ printed on recycled paper
February 4,2004
Certification Date: 02/04/2004 - 02/04/2007
SERVICES: Building Contractor
West Construction, Inc.
3 I 9-A Wickline Boulevard
Lantana, FL 33462-3184
Attn: Martha A. Morgan
The Palm Beach County Office of Small Business Assistance has completed
its review of the documents you submitted for renewal of your firm's
certification and is pleased to announce that your firm has been certified as
a SmalllWomen Business Enterprise (S/WBE) for three (3) years.
Your firm shall be subject to the provisions of the Palm Beach County
Purchasing Ordinance and all State and Federal laws relating to the
transaction of business.
This certification entitles you to participate in contracting opportunities when
the products and services offered by your firm are being considered for bid.
As an additional service to your firm, you will be included in the Palm Beach
County Directory of certified SBE firms. If you wish to have your firm's
listing changed, please contact our office at (56]) 6]6-6840.
Your company's certification is subject to periodic review to verifY your
continued eligibility. You are required to notifY uS if at any time the minority
status of your firm changes. Failure to report changes in the status of your
firm may result in your firm being decertified.
Sincerely,
t~ -fItdJs
Vicki Hobbs
Certification Technician
CONFIRMATION OF DRUG-FREE WORKPLACE
IDENTICAL TIE BIDS
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more bids which are equal with respect to price, quality, and service are received by the City of
Boynton Beach or by any political subdivision for the procurcment of commodities or contractual
services, a bid received from a business that certifies that it has implemented a drug-free
workplace program shall be given preference in the award process. Established procedures for
processing tie bids will be followed if nonc of the tied vendors have a drug-frec workplace
program. In order to havc a drug- frce workplace program, a busincss shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controllcd substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, thc business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may bc imposed upon employees for
drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under bid a copy ofthc statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employee that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than
5 days after such conviction,
5) hnpose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by, any employee
who is so convicted.
6) Make a good faith effort to continuc to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statemeut, I certify that this firm complies fully with
the above requirements.
Vendor's Signature id
West Construction, Inc. Mar
President
Morgan,
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
DFW-I
TRENCH SAFETY ACT
AFFIDAVIT
On October I, 1990, House Bill 3183, known as the Trench Safety Act became law. This
incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety
standards, citation 29 CFR.S. I 926.650, as Florida's own standards.
The Proposer, by virtue of his signature below, affirms that he is aware of this Act, and will
comply with all applicable trench safety standards. Such assurance shall be legally binding on all
persons employed by the Contractor and his subcontractors.
The proposer is also obligated to identify his anticipated method and cost of compliance with the
applicable trench safety standards.
PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE V ARlOUS ITEMS OF THE
PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE
FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A
BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT
BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE
SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK.
IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE*
THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN
AND SUBMIT IT WITH THEIR BID DOCUMENTS.
West Construction, Inc.
Name of Proposer
Authorized Signature of Propos
Martha A. Morgan, President
*COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS
UNDER THE FOLLOWING HEADINGS:
Description
1
Unit
LF
Quantity
1000
Unit Price
$5.00
Extended Price Method
$5.000.00 SloDe
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
TSA-l
SAFETY PROGRAM COMPLIANCE
Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference
shall be given to contractors with an established safety program following O.S.H.A. guidelines,
and documented results establishing a safe working environment.
I. Bidder shall provide a copy of the Safety Program(s) to be in effeet for the duration of the
Contraet (attach to the back of this form).
2. The City reserves the right to conduct periodic safety inspections of the contractor,
subcontractor, employees, agents, etc. throughout the duration of the Contract.
3. The City reserves the right to terminate the Contract where it is determined that the contractor
or subcontraetor is in non-compliance of the safety terms, regulations or requirements
established by O.S.H.A. or the State.
As the person authorized to sign the statement, I certify that this firm complies fully witb
tbe above requirements.
AUTHORIZED SIGNATU
West Construction, Inc.
Martha A. Morgan, President
>v//ot,
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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10/09/2006 15'27 FAX 6093874838
DEEP SOllTH
MERCHAHT AHO EYAHS
~ 00:\/00:\
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+ DEI:.P ~UUIH
ROOFING TEAM'S NOTICE OF INTENT TO ISSUE ROOF WAFlFlANTY
(l'hl. documenU mullt 1M submitted with Bid)
Whereas \lie rJ.-,.", ~ 0&. ~".,. J ..._ an~p' s.....~ S-v-k-t :r..... .
, (Root MllnufaCl1Jrer) (Roofing COntract'or)
herein eaI1ed "FIoofll'lg Team" hereby gives notice 10:
Owner: ~~1 ~ u..~
Addra&B: ~ "y"-- ~.L. "...l ; ~........ '.M.....;PL ~~4t<..
of i1s NOIiCe of 1nt9f1t to ISSU8 Roof WlI/TiII1ty. ilS specified to the OWner for ths:
project: w: \\a.l P...., L
AddtllS:~i.,..1...I &._<.L /!.I....I.L
, J
when InslaU8d in accordance wiIh manufacturer's instnJGllons and the Contract Docum.nts by II
manufacturer.approved Installer. certified to Install the mamJacturBr's roolIng system spedlled.
As ttIe Authorized" RspreslnlatiVe of said Manufaclurer, with luthorily 10 make me abOVll reprlt5enlations
to the Owner. I hentby cwtih' the ablMt stIIlarnents to the Owner.
MlnJlac;luIl!r: ~.: ~~ ~l'Au.J\ 3~<-
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SIGNED~' U~ - - '_ , DATI?: J{)- l.)_ cb'
'Aa the Aut1DfiIed Repreaenlallv8 of laid RootlnSI Contraetm. >II/lth authO~ 10 make the above
rapresanla\lgns to Ihe Ownllf, IIIllI1lby cenily the above ..~I"dS 10 the Owner.
RuJln9eontrad~. ~"9 <;....1\... s.,~~_~ T...'.
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S1GtED: ;)-i. u4fL DATE:, /O-I/-Or..
By SUbmllllng 11118 bid I hlrebV cer1ily to Owner that II manufactur.....PProved roarer wiH be il1lll8lllng the
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CERTIFICATE OF LIABILITY INSURANCE D~~~(~~~~~~~,
m THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORM~-"
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POliCIES BELOW.
iNSURERS AFFORDING COVERAGE -r::~~
.._____._~__.m__~____.._~_._._.~_______.~__~_________~------~_.-~.---~--..------^----,---.~-.---.----.--.--
ACORD"
PRODucm (561) 776-9001
Co ll'j nsworth , Alter,
600 Sandtrce Drive
Suite 101
Palm Beach Gardens, FL 33403
-'NsuREDWes'f Con s't ru-ctlon:-lnc:- -
318 South Dixie Highway
Suite 4-5
Lake Worth, FL 33460
FAX (561)776-9605
Lambert, Inc.
INsum:R A: -Amerrsure'- Mutual Ins-Co
INSURrR"- Bri dge_fi e 1 d Emp 1 oyer~_I11S
INSlHUR C
Co
INSURU"I I)
INSURI.:H l.::
COVERAGES
THE POLICiES OF INSURANCE LISTED BELOW HAVE BEEN (SSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWiTHSTANDING
ANY REUUIREME':NT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All. THE TERMS, EXCLUSIONS AND CONDITIONS OF sUell
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR DO'
P6-UCY EFFECTIVE POLICY EXPIRATION
LIMITS
TYPE OF INSURANCE
POLICY NUMBER
A
GENERAL LIABILITY
~~, C'OMME ReiN GENERAlUAB"lUTY
_=~ CLAIMS MADE 0 OCCUR
~ XCU,_ Cont~ct",,_l__
X Broad Form PD
._ ___..__~_m__________
GEN'L AGGREGATE LIMIT APPLIES PER:
~-=~ jr8i [lLOC
AUTOMOBilE UABlLITY
X ANY AUTO
AU OWNED AUTOS
SCIIEDULf;1J AUTOS
X H1REO AUTOS
X NON-OWNED AUTOS
GL2020377000000 05/02/2006
05/02/2007
fACI I OCCURRENCE $
DAMAGE TO RENTED' -- $
_P.REMISE& (Eaoccw:encfrl____
MED EXP (Any one person) $
---_._-_.~-_._--
PtoRSONAL & ADV INJURY $
GENE HAL AGGREGATE
mODUCTS. COMPIOP AGG $
05/02/2007
CA1299929 05/02/2006
COMBINED SINGLE LIMIT
(Eaa~cident)
8001l.Y INJURY
(f'orporson)
A
LlOLJ\L Y INJURY
(Peraccidenl)
PROPERTY DAMAGE
(Por flcclrlrl[)l)
GARAGE UABILlTY
AUTO ONLY - EAACCIDENT
ANY AUTO
EA ACe
OTHER THAN
AUTO ONtY:
AGG
EXCESSJUMBRELLA LIABILITY
"'Xl OCCUR D CLAIMS MADE
---- ---
CU2020379-00 05/02/2006
05/02/2007
EACH OCCURRENCE
AGGHEGATE
A
DEDUCTIBLE
X RET(;NTlON
10,00
1 , OOQ_,O..QC
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01/01/2007
L~c r-;-TATtJ.TX/OTiT --~-_._-.~--
____ ({,(..l1MIIsJ___~_J ER_
L.L. t:ACH ACCIDENl $
---~-_.._----
LL. DISr:ASE - EA EMPLOYEl: $
1....Q00,(j0(
1,000,(JOI
,_1 , OOO,()OI
B
WORKERS COMPENSAT!ON AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
OTHER
83028202 01/01/2006
r,t. DISFASE - POLICY LIMIT $
.l
DESCRIPTION OF OPERATIONS I LOCA110NS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAl. PROVISIONS
E: Bid # K-S4-05; Community Park Pool Improvements
he City of Pompano Beach as their interest may appear is listed as an Additional tnsured
ith respect to General Liability.
CE
City of Pompano Beach
Purchasing Division
Attn: Ri sl< Manager
1190 N.E. 3rd Avenue
Building C
Pompano Beach, FL 33060
CANCELLATIO
SHOULO ANY OF THE ABOVE OESCR!BED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOH TO MAIL
..1L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEF
BUT FAILURE TO M L SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
HE INSURER, ITS :t\GENTS-OR REPRESENTATIVES.
ATIVl': r
ACORD 25 (2001/08)
, ACORD CORPORATION 198
r-~;-I61o~30-f--~---~------STATE-QFFL~R'OA. ----------------
DEPARTMENT OF BUilI~ES}:r. ~Jt> PRORlllS$XONAL REGULAT~ON ,
.PONSTc~UqT:;J;ONIl\'l\PJ:l:.sTRY'L~CENiS.ING' BOARD, SEQ# LO 6 0 6080 OS
, - LICENSE NBR
06 08 2006 050810350 'CIIC()5'7031l
The BUILDING CONTRACT(n'f
Named below IS CERTIji'ililD ,
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2008
~----
-~
MORGAN, MARTHA,ANN
WEST CONSTRUCTION INC
318 SOUTH DIXIE HWY.
SUITE 4-5
LAKE WORTH FI, 33-l60
JEB BUSH SIMONE MARSTlLI,lilR
GOVERNOR SECRETARY
DISPLAY AS REQUIRED BY LAW
_._-_._-------_._~--~--~-------_._-~-~-~--------------.----..----
-----_._---~"-
AC# 2 610 7 91 ST~jTJ1,Jilf_,fL~~Il)A
DEMRTt.1E~'I' OF BU$I~ES$... P~oj;gS$.XONAI, Il.:EGuLATtoN " , .','.
~~q:NS'I!.~UPT:l<VN'CJ;.NP!l#l'l:'Il.Y ~'J.!;tCEJ:AAli1J;NG BOAR])"" ,SI;Q# DO.a. 0 I>{lM Jc~
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. . LICENSE NBR
---....,-...--~
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06 ,08 2006 'S0811!;lS4CGt:607966
The GENERJ\.t; cO 'C'i:Q.)t;,
Named bEllow IS:' CERTIllfiED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31., 20g8
'.1."'
~~~i'cgg~C~f6N INC
319-A WICKLINE BLVD
LANTANA Fj:,33,1,62_6149
JEB BUSH
GOVERNOR
DISPLAY AS REQUIRED BY LAW
$t~ONE MARSTILL~R
'SECRETARY" '."
.... .u.... _....... . _.....,._......
LW-UU.c
..."'...,"" ~ I 'VV'I>#
PALM BEACH COUNTY
OCCUPATIONAL LICENSE
EXPIRES: SEPTEMBER - 30 - 2007
CLASSIFICATION
WEST CONSTRUCTION INC
MORGAN MARTHA ANN
WEST DONNIE E
** LOCATED AT
318 S DIXIE HWV 84-5
LAKE WORTH FL 33460
C/WIDE $264.6r
TOTAL
$264.60
----.-------..---
"is hereby licensed at above address for the period beginning on the
first day of October and ending on the thirtieth day of September to
engage In the business, profession or occupallon of:
BUILDING CONTRACTOR
CBC057038/U-8934
THIS IS NOT A BILL - DO NOT PAY
PAID. PBC TAX COLLECTOR
$264.60 OCC 049 043953 09-13-2006
---~---------._.~-~-_..._---_..._---_._..,,-----
Peter H. Carney
TAX COLLECTOR, PALM BEACH COUNTY
THIS LICENSE VALID ONLY WHEN RECEIPTED BY
TAX COLLECTOR
2006-17635
STATE OF FLORIDA
PALM BEACH COUNTY
OCCUPATIONAL LICENSE
EXPIRES: SEPTEMBER - 30 - 2007
OC-032
CLASSIFICA T
WEST CONSTRUCTION INC
MORGAN MARTHA ANN
WEST DONNIE E
** LOCATED AT
318 S DIXIE HWV 84-5
LAKE WORTH FL 33460
CNTV
$27 . 50
TOTAL
$27.50
[
[
Is hereby licensed at above address for the period beginning on the
flrst day 0' October and ending on the thlrUelh day 0' September 10
engage In the business, profession or occupation of:
BUILDING CONTRACTOR
CBC057038/U-8934
THIS IS NOT A BILL - DO NOT PAY
PAID. PBC TAX COLLECTOR
$27.50 OCC 049 043952 09-13-2006
Peter H. Carney
TAX COLLECTOR, PALM BEACH COUNTY
THIS LICENSE VALID ONLY WHEN RECEIPTED BY
TAX COLLECTOR
!::) !::) !:~ !::) C C !:~ !::) !::) !:~ C
il'partml'tlt uf ~tatl'
I certify from the records of this office that WEST CONSTRUCTION, INC. is a
corporation organized under the laws of the State of Florida, filed on
December 16, 1977.
The docurnent number of this corporation is 555487.
I further certify that said corporation has paid all fees due this office through
December 31, 2006, that its most recent annual report/uniform business report
was filed on January 18, 2006, and its status is active.
, further certify that said corporation has not filed Articles of Dissolution.
Given under rny hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this the
Eighteenth day of January, 2006
CR2E022 (01'06)
5~ M. Gbj"
~Ul.' elM. mahh
~"cret1trlI of~htl"
RESPONSES TO CONTRACTOR QUESTIONS
In addition to the items clarified above based on oral requests at the pre-bid
meeting, Kast construction submitted a list of questions identified as an "ISSUE
LOG"
A copy of the log, with responses, is attached and should be considered part of
this ADDENDUM.
List of Attachments:
. List of Plan holders of Record as of 9/20/06
o Geotechnical Report by Testing Lab of the Palm Beaches
o Roofing Team's Notice ofIntent to Issne Roof Warranty form
o Specification SECTION 13150
o Specification SECTION 16500
o Responses to ISSUE LOG provided by Kast Construction (2 pages)
END ADDENDUM NO.1
~a~
( 0 f;(~t, v <<-
Addendum No. 1
Bid No. OOI-2413-07/CJD
Page 4 of 4
ADDENDUM NO.2
CONSTRUCTION OF WILSON PARK
Bid Number: #001-2413-07/CJD
September 25, 2006
Prepared By:
Kimley-Horn and Associates, Inc.
4431 Embarcadero Drive
West Palm Beach, Florida 33407
BEGIN ADDENDUM NO.2
This Addendum supplements, modifies, and amends the bidding documents. This
Addendum becomes a part of the ConlIact Documents. All bids and the Contract
shall include the supplements, modifications and amendments presented in this
Addendum. The Bidder shall note receipt of this Addendum on Page A-I oftheir
bid. This addendum consists ofthe following:
Clarifications to Plans and Snecifications
ADA grade mulch shall be provided and placed in the playground (tot lot) area.
The ADA grade mulch shall be a minimum of12 inches thick and shall meet the
requirements for "Engineered Wood Fiber for Use as a Playground Safety Surfuce
Under and Around Playground Equipment" as defined by ASTM FI292-04 and
ASTM F 2075-04, sections 4.4 and 4.6.
L
END ADDENDUM NO.2
Addendum 2
Page 1 of I
Bid No. OOJ-2413'{)7/CJD
#22 See Item 5 under Clarifications to Project Plans above,
#23 See Item 5 under Clarifications to Project Plans above,
#24 Paint point to point ofthe affected wall. (Entire wall
surfacc ),
List of Attachments:
oUst of Planbolders of Record as oft 0/04/06
o Specification Section 09680 - CARPETING (Glue Down)
o Specification Sectiou 15930 - - TERMINAL BOXES
o Sketch for Sheet C-07 revision
o Copy of RFI #2 provided by Kast Construction via fax (2 pages)
. Copy of RFI #3 provided by Kast Construction via fax (2 pages)
END ADDENDUM NO.3
,~
Addendum No.3
PageS of 5
BioNo.OOl-2413-07/CJD
The City of
Boynton Beach
Procurement Services
100 E. Boynton Beach Boulevard
P. O. BIVC 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6310
FAX, (561) 741-6316
ADDENDUM #4
DATE:
October 9, 2006
BID TITLE:
CONSTRUCTION OF WILSON PARK
BID NUMBER:
#001-2413-07/CJD
The following changes, additions, deletions, and/or information are hereby made a part of the
BID for the "CONSTRUCTION OF WILSON PARK"
(I) Attached is the Revised Proposal Page to be submitted with YOUT bid.
(2) Sign each Addendum on the last page of the corresponding Addendum
Wes+ (I ohs-h'U..c-t; on) I tJc..
Company Name
7JtmJdl ~
Signature ~
IOh/6~
Date (
Bobby Jenkins
Assistant Finance Director of Financial Services
/cjd
c: David Stump - Senior Project Manager
Angelina Fairchild - Kimley Horn
Shelf Copies
Central File
File
THIS PAGE TO BE SUBMITI'ED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
The City of
Boynton Beach
Procurement Services
100 E. Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Florida 3J425-0310
Teleph.." (561) 742-6310
FAX, (561) 742-6316
ADDENDUM #5
DATE:
October 9, 2006 (20d revision)
BID TITLE:
CONSTRUCTION OF WILSON PARK
BID NUMBER:
#001-2413-07ICJD
The following changes, additions, deletions, and/or information are hereby made a pari of the
BID for the "CONSTRUCTION OF WILSON PARK"
(1) Attached is the Revised Proposal Page to be submitted with your bid.
a. Included Add alternate pricing for the exterior of the pool building
b. Included Roofing form to list of items to be submitted
(2) Sign each Addendwn on the last page of the corresponding Addendum.
W f$}. C-onst-ru...c.:t i on )
Company Name
\ Y\C.
Signature
/O~(//Jb
Date
~
Bobby Jenkins
Assistant Finance Director of Financial Services
Icjd
c: David Stump - Senior Project Manager
Angelina Fairchild - Kimley Horn
Shelf Copies
Central File
File
TIllS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
((1"
'{.:
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.l.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetine Dates in to City Clerk's Office Meetine Dates in to Cirv Clerk's Office
0 August I, 2006 July 17,2006 (Noon,) 0 October 3, 2006 September 18, 2006 (Noon)
0 August 15,2006 July31,2006 (Noon) 0 October 17. 2006 Cktober 2, 2006 (Noon)
0 September 6, 2006 August 14, 2006 (Noon) ~ November 8, 2006 October 16, 2006 (Noon)
0 September 19, 2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0
0 0 C)
Code Compliance & Legal Settlements Unfmished Business -I
0 Public Hearing 0 co
',-:}--i
~:
c
.,
--CJ
r~ .':'-;
RECOMMENDATION: Motion to approve the Annual Software Maintenance Agreement with ESRI, Inc ofNew.O'or~
.. -"
the ITS/GIS Departments in the amount of$34,880.00. U1 nfTl
J>
r--J fTl CJ
EXPLANATION: Procurement Services received a request from the ITS/GIS Departments requesting to renew the Anntilil
Software Maintenance Agreement with ESRI, Inc. of New York, The total expenditure for the Annual Maintenance
Agreement is $34,880.00.
~::
....J;..
C)
PROGRAM IMP ACT: The annual maintenance provides free software upgrades, 24/7 technical support, GIS User
newsletters and magazines and free registration for City personnel at the Annual GIS Users Conference, Without this
maintenance, it would be necessary to pay by the question for technical hardware and software support.
FISCAL IMPACT:
Funds are allocated in the FY 2006/07 budget as follows:
Account DescriDtion
Software Maintenance
Account Number
001-1511-513-46-91
Bud~et
$ 34,880.00
~
City Manager's Signature
ASSist~~
City Attorney / Finance
AL TERNA TIVES: Do not renew and absorb cost as they are incurred.
~ t:Jl!.::/:J&Q
Procurement Services
Department Name
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM,DOC
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
RESOLUTION NO. R06-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE
PROPER CITY OFFICIALS TO EXECUTE A SOFfW ARE
MAINTENANCE AND SUPPORT QUOTATION IN THE
AMOUNT OF $34,880.00 FOR THE CITY'S G.I.S SYSTEM,
BETWEEN THE CITY OF BOYNTON BEACH AND ESRI,
INC.; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the annual maintenance provides free software upgrades, 24/7 technical
14
support, GIS User newsletters and magazines and free registration for 3 users at the Annual
15
GIS Users Conference; and
16
WHEREAS, staff has recommended that the City approve and execute the Quotation
17
#25211802 dated July 19, 2006 in the amount of$34,880.00.
18
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section I.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof
Section 2.
The City Commission of the City of Boynton Beach, Florida, at the
25 recommendation of staff, hereby authorizes and directs the proper City Officials to execute
26 the Maintenance Quotation #25211802 dated July 19, 2006, in the amount of $34,880.00
27 between the City of Boynton Beach, Florida and ESRI, Inc., a copy of said Quotation is
28 attached hereto as Exhibit "A",
29
Section 3.
This Resolution shall become effective immediately upon passage,
S:\CA\RESO\Agreements\ESRI - GIS Software support(06).doc
1 PASSED AND ADOPTED this _ day of November, 2006.
2
3
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 (City Seal)
26
S:\CA\RESO\Agreements\ESRI - GIS Software support(06).doc
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date: 5-0ct-06
Requesting Department: I.T.S.lG.I.S.
Contact Person: Peter WallacelTerri Owens
Explanation for Purchase:
See Attached
I Recommended Vendor ESRI
IDollar Amount of Purchase $34,880
Source for Purchase (check and attach backup materials):
Three Written Quotations D GSA D
State Contract D PRIDE/RESPECT D
SNAPS D Sole Source D
Piggy-Back D Budgeted Item D
Emergency Purchase D Other D
Contract Number:
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
Fund Source for Purchase:
001-1511-513-46-91
Approvals:
Department Head
Purchasing Agent
Ass! City Manager
City Manager
Date
Date
Date
Date
It) .. 0:1- O{.;,
/0 Ie. h,&
. J /
Form Revised 02/01/02
Justification for ESRI Annual Software Maintenance Renewal
EXPLANATION:
The annual maintenance provides free software upgrades, 24/7 technical support, GIS User newsletters and
magazines and free registration for 3 users at the Annual GIS Users Conference.
PROGRAM IMPACT:
Without this maintenance, it would be necessary to pay by the question for technical hardware & software
support. For example, ArcView 3.3 is $50 per question/per call; ArelMS is $150 per question/per call.
ESRI would not provide us with any technical support for ArcGIS 8.3, ArcSDE or ArcLogistics without a
maintenance agreement. We would have to pay $4500 registration ($1500 ea.) for 3 users to attend the
Annual GIS User conference and pay for each upgrade for each product individually.
FISCAL IMPACT:
Budgeted in account 001-151 1-513-46-91
ALTERNATIVES:
Do not renew and absorb cost as they are incurred.
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ESRllnc
380 New York Street
REDLANDS CA 92373
SUBJECT:
MAINTENANCE QUOTE
DATE:
TO:
ORGANIZATION:
07/19/2006
Carolina Luque
CITY OF BOYNTON BEACH
INFORMATION TECHNOLOGY SERVICES
561-742-6092 PHONE #: 561-742-606B
FAX#:
FROM:
FAX#:
EMAIL:
Mary Jo Weatherford
WEATHERFORDM PHONE #: 888-377-4575 Ex!. 2245
mweatherford@esri,com
Number of pages transmitted
(including this cover sheet): 5
QUOTATION #25211B02
Please find the attached quotation for your forthcoming software
maintenance terrn. Keeping your maintenance current helps you stay
up-to-date with the rapid advancements in GIS technology. and provides you
with tools that enable you to be more successful while using ESRI software.
For details about the maintenance program benefits for your licensing, please
visit http://gis.esri.com/software/maintenance/qualifying.cfm
Customers who have multiple copies of some ESRI products may have the
option of supporting some of their licenses with secondary maintenance.
Secondary maintenance entitles users to software upgrades and technical
support through a primary license. Users must support at least one primary
license for every ten copies of each version of a product (e.g., ArcView 3.x
licensing is regarded as separate from ArcView 9.x). Please contact
Customer Service to find out more about the availability of secondary
maintenance.
If you are using ESRI products that are at previous versions, or if you have
software that is not currently covered by one of our programs, please contact
us for information about the different options that are available to you.
Do you need training? You can get affordable ESRI software training for your
entire organization with a subscription to ESRI Virtual Carnpus. To find out
how, visit the campus: http://campus.esri.com/campus/catalog/subscriptions
If you have any questions or need additional information, please contact
Customer Service at 888-377-4575.
380 New York Street
REDLANDS, CA 92373
Phone: 888-377-45752245
F8X #: WEATHERFORDM2245
Quotation
Date: 07/13/2006
Quotation Number: 25211802
Send Purchase Orders To:
ESRI, Inc.
380 New York Street
Redlands, CA 92373-8100
Altn: Mary Jo Weatherford
Please include the following
remittance address on your
Purchase Order:
ESRI Inc,
File #54630
Los Angeles, CA 90074-4630
CITY OF BOYNTON BEACH
INFORMATION TECHNOLOGY SERVICES
PO Box 310
BOYNTON BEACH FL 33425
AlIn: Carolina Luque
Customer Number: 101023
For questions regarding this document, please contact Customer Service at 888.377-4575.
Unit Price
Extended Price
3,000,00
3,000,00
1,200,00
2,400,00
1,50000
1,500,00
700,00
1,400.00
500,00
2,000,00
This quotation is valid for 90 days and is subject to your ESRI license Agreement. The quotation information is proprietary and may not be
copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside
parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRJ)
Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your
organization's budgetary purposes. ESR! reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your
organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax
exemption certificate issued by your state's laxing authority for the given jurisdiction
Issued By: Mary Jo Weatherford
Ex!: 2245
[CSllA rCHDOMj
To expedite your order, please reference your customer number and this quotation number on your purchase order.
Date: 07/13/2006
Item Qty Product#
380 New York Street
REDLANDS, CA 92373
Phone: 888-377 -45752245
Fax #: WEATHERFORDM2245
Quotation
Page 2
Quotation Number: 25211802
Unit Price
Extended Price
60
70
80
90
100 3
110 3
120 21
End Date: 10/01/2007
12
500,00
6,000,00
87195
ArcView Concurrent Use Secondary Maintenance
Start Date: 10/02/2006
End Date: 10/01/2007
87232
ArcGIS Spatiai Analyst Concurrent Use Primary Maintenance
Start Date: 08/1212006
End Date: 10/01/2007
569,86
569.B6
1
569,86
569,86
87198
ArcGIS 3D Analyst Concurrent Use Primary Maintenance
Start Date: 08/12/2006
End Date: 10/01/2007
9B696
ArcGIS Publisher Concurrent Use Primary Maintenance
Start Date: 08/1212006
End Date: 10/01/2007
569,86
569.86
87192
ArcView Singie Use Primary Maintenance
Start Date: 11/30/2006
End Date: 10/01/2007
335.34
1,006.02
87192
ArcView Single Use Primary Maintenance
Start Date: 10/0212006
End Date: 10/01/2007
400,00
1,200.00
87193
ArcView Single Use Secondary Maintenance
Start Date: 10/02/2006
End Date: 10/01/2007
300.00
6,300.00
130 98880 295.00 295.00
Annual Support Assistance Program for ArcPad
This quotation is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is proprietary and may not be
copied or released other than forthe express purpose of system selection and purchase/license, This information may not be given to outside
parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRI).
Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your
organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your
organization is tax exempt or pays state taxes directly, then prior to invoicing, your organiZation must provide ESRI with a copy of a current tax
exemption certificate issued by your stale's taxing authority for the given jurisdiction.
.ssued By: Mary Jo Weatherford
Ex!: 2245
[CSBATCHDOM)
To expedite your order, please reference your customer number and this quotation number on your purchase order,
380 New York Street
REDLANDS, CA 92373
Phone: 888-377~45752245
Fax #: WEA THERFORDM2245
Quotation
Page 3
Date: 07/13/2006
Item Qty Product#
140
150
160
170
180
Quotation Number: 25211802
Unit Price
Extended Price
Start Date: 10102/20~~~
End Date: 10101/2007
81962
Arc Logistics Route with Data Annual Maintenance
Start Date: 10/02/2006
End Date: 10/01/2007
2,000.00
2,000.00
87270
ArcPad Application Builder Primary Maintenance
Start Date: 10/02/2006
End Date: 10/01/2007
500.00
500.00
87213 3,000.00 3,000.00
ArcSDE Developer Support Group Maintenance for One Server Two CPUs and Five Read and Write Connections
Start Date: 10/02/2006
End Date: 10/01/2007
97534
ArclMS One Server Two CPUs Maintenance
Start Date: 10/02/2006
End Date: 10/01/2007
2,000.00
2,000.00
98134
ArcGIS Data Interoperability Concurrent Use Primary Maintenance
Start Date: 08/12/2006
End Date: 10/01/2007
569.86
569.86
Subtotal
Shipping & Handling
Estimated Tax
Total
34,88046
000
0.00
$ 34,880.46
This quotation is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is proprietary and may not be
copied or released other than for the express purpose of system selection and purchasellicense. This information may not be given to outside
parties or used for any other purpose without Consent from Environmental Systems Research Institute, Inc. (ESRI).
Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your
organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date Df invoicing. If your
organization is tax exempt or pays state taxes directly, then prior tD invoicing, YDur organization must provide ESRI with a copy of a current tax
exemption certificate issued by your state's taxing authority for the given Jurisdiction.
Issued By: Mary Jo Weatherford
Ext: 2245
ICSBATCHDO"".I
To expedite your order, please reference your customer number and this quotation number on your purchase order.
380 New York Street
REDLANDS, CA 92373
Phone: 888-377-45752245
Fax #: WEATHERFORDM2245
Quotation
Page 4
Date: 07/13/2006
Item Oty Product#
Quotation Number: 25211802
Unit Price
Extended Price
BY SIGNING BELOW, YOU ARE INDICATING THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION. DO
NOT USE THIS FORM FOR ORDER ACTIVATION IF YOUR ORGANIZATION WILL NOT HONOR AND PAY AN INVOICE THAT HAS
BEEN ISSUED AT YOUR DIRECTION WITHOUT ADDITIONAL AUTHORIZING PAPERWORK.
To expedite your order, either attach a copy of this quotation to your purchase order when it is remitted
to ESRI, or sign below and return this quotation to indicate your acceptance. ESRI's address and fax
number are provided on the first page of this quotation.
If you have made ANY alterations to the line items included in this quote and have chosen to sign the
quote to indicate your acceptance, you must fax ESRI the signed quote in its entirety in order for the
quote to be accepted, You will be contacted by your customer Service Representative if additional
information is required to complete your request.
If your organization is a US Federal, state, or local government agencYi an educational facility; or a
company that will not pay an invoice without having issued a formal purchase order, a signed quotation
will not be accepted unless it is accompanied by your purchase order.
If you choose to discontinue your support, you will become ineligible for support benefits and services.
AJ' maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate
support coverage at a later date.
By signing below,
$
you are authorizing ESRI to issue a software maintenance invoice in the amount of:
, plus sales taxes if applicable.
Please check one of the following:
I agree to pay any applicable sales tax.
I am tax exempt, please contact me if exempt information is not currently on file with ESRI,
Signature of Authorized Representative
Date
Name (Please Print)
Title
This quotation is valid for 90 days and is subject to your ESRllicense Agreement. The quotation information is proprietary and may not be
copied or released other than for the express purpose of system selection and purchasellicense. This information may not be given to outside
parties or used for any other purpose without consent from Environmental Systems Research Institute~ Inc. (ESRI).
Any estimated sales and/or use tax has been calculated as of the dale of this quotation and is merely provided as a convenience for your
organization's budgetary purposes ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your
organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax
exemption certificate issued by your state's taxing authority for the given jurisdiction.
Issued By: Mary Jo Weatherford
Ext: 2245
ICSBATCHDOM]
To expedite your order, please reference your customer number and this quotation number on your purchase order.
--
October 24, 2006
Carolina Luque
Information Technology Department
City of Boynton Beach
100 E Boynton Beach Blvd
Boynton Beach, FL 33435
Subject: ESRI Sole Source Justification for Geographic Information System Software and
Maintenance
Dear Carolina:
This letter confirms that ESRJ, as owner and manufacturer, is the only source from which all ESRJ@
software and maintenance services can be ordered. ESRI is the sole domestic source for the purchase
of the following software licenses:
ArcInfo™, Arclnfo Workstation extensions (ArcNetworkT", ArcCOGO™, and ArcScan'M),
ArcEditorT", ArcGIS ServerT", ArcGIS Server extensions (Spatial Extension, 3D Extension and
StreetMap Extension), ArcSDE™, ArcGIS Schematics, NetEngineT", Maplex 3,x, Military
Overlay Editor (MOLe"), and ESRI Developer Network (EDN) subscriptions.
ESRI is the sole domestic provider of software maintenance for all ESRI software (technical support
plus ESRJ software updates/upgrades) except for PC ARC/INFO, Data Automation Kit, ArcLogistics
Route, and Business Analyst.
ESRI distributes certain software licenses through valued added resellers and distributors, excluding
those listed above.
ESRI is also the sole source of certain proprietary training courses,
If you have further questions, please feel free to call our Contracts Department at 909-793-2853,
extension 1550,
Sincerely,
Robyn Peverill
ESRI Charlotte
(704) 54 I -98 I 0, ext 8640
J-8933/KMM
03107/05
ESRI380 New York St, Redfands, CA 92373-8100, USA. TEL 909-793-2853' FAX 909-793-5953. E-MAil info@esri.com'WEBwww.esri.com
\""."".
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. ,
VI.-CONSENT AGENDA
ITEM C.2.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meetine: Dates in to City Clerk's Office
0 August ),2006 July 17, 2006 (Noon.) 0
0 August) 5,2006 July 31. 2006 (Noon) 0
0 September 6, 2006 August 14,2006 (Noon) ~
0 September 19,2006 September 5, 2006 (Noon) 0
Requested City Commission Date Final Form Must be Turned
Meetine. Dates in to City Clerk's Office
October 3, 2006 September 18, 2006 (Noon)
October 17,2006 October 2,2006 (Noon)
November 8, 2006 October 16,2006 (Noon)
November 21,2006 November 6, 2006 (Noon)
NATURE OF
AGENDA ITEM
o
o
~
o
o
AnnouncementslPresentations
Administrative
Consent Agenda
Code Compliance & Legal Settlements
o City Manager's Report
o New Business
o
o
o
..--,~
.-")
):~
-i~<
Legal
Unfinished Business
a
C>
-I
I
(:n
-''-C)
') -'I
-r;,
,', :..J
(J) --..,
- ---..(-:)
-- -~;;::
" .
' ~ ~~
~- ,"'en,
RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service outside'therE<~
Limits with Michael Porcelli for the property at 1128 Highland Rd, Lake Worth, FL (Ridge Grove Lot 103). ::c
Public Hearing
EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San Castle/Ridge
Grove project area. Only potable water is available for connection to the property at this time dne to recent water
main improvements constructed by Palm Beach Connty as part of a neighborhood improvement project. (See location
map).
PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service
to this parcel. No additional constrnction will be reqnired by the City to serve this property.
FISCAL IMPACT: None
AL TERNA TlVES: None, This parcel is within the Utilities service area.
~ UQ" \~ ~ ~~ \0\'-\ \(;)\c,
Department Head s Signature
k.
City Manager's Signature
fMii~!Jet!r-hMd-
Assistant to City Manager
&n</
City Attorney / Finance
S:IBULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC
"
I RESOLUTION NO. R06-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE CITY
8 OF BOYNTON BEACH AND MICHAEL PORCELLI;
9 PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, located at 1128 Highland Road, Lake Worth, Florida (Ridge
14 Grove Lot 103); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 located in San Castle/Ridge Grove project area; and
17 WHEREAS, water main improvements have recently been constructed by Palm
18 Beach County as part of a neighborhood improvement project on this street allowing for the
19 service to this parcel; and
20 WHEREAS, no additional construction will be required by the City to serve this
21 property.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27
Section 2.
The City Commission hereby authorizes and directs the City Manager
28 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
S:\CA \RESO\Agreements\Water Service\Porcelli Water Service Agrcemcnt.doc
1 Michael Porcelli, a copy of said Agreement is attached hereto as Exhibit "A".
2
Section 3.
This Resolution shall become effective immediately upon passage.
3
4 PASSED AND ADOPTED this _ day of November, 2006.
5
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10
11 Mayor
12
13
14
15 Vice Mayor
16
17
18
19 Commissioner
20
21
22
23 Commissioner
24
25
26
27 Commissioner
28 Attest:
29
30
31
32 City Clerk
33
34 (Corporate Seal)
2
S:\CA\RESO\Agreements\Water Service\Porcelli Water Service Agreement.doc
1128 Highland Road, Lake Worth, Florida - Google Maps
Page I of I
r J'V'VIle
.~
Address 1128 Highland Rd
lake Worth, Fl 33462
http://www.google.comlmaps?f=q&hl=en&q=1128+Highland+Road. + Lake+ W orth,+Flor... 10/18/2006
THIS INSTRUMENT PREPARED BY:
J,j~un~,:~: J\. Ch\:rol: Esquire
GureIl, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suile 200
H Lauderdale, FI. 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMlTS AND COVENANl' FOR ANNEXATION
^. TIi1SAqREAM~madeon,this2~ dayof OCrokr ,200--.h,byandbetween
IV\lcXI(,kL,1 r. o.....U(( , hereinafter called the "Customer", and the
ClTY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called
the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdictional limits on annexation of the property to be serviced into the City
at the earliest practicable time~
NOW THEREFORE, for and in consideration of the privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
I. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are L Equivalent Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible fOT installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
E0 3!:l\ld
6 SNOI1\ll3~ ~3WOlsn8
02:L 92:PL 19S
2:S:S1 9002:/2:1/60
Engineers. The City shall have the option of either requiring the Customer to perfoml the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the Customer will pay in advance all estimated costs thereof. IJJ the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for seJVice and equipment
in connection with water service outside the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or eas<:rrnents necessary to accommodate the connections shall be
provided by the CustomeT to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an
Irrevocable Special power of Attorney granting to the City the power and authority to execute and
advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it
shall cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option of the City at any
time the properly is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
9. Annexation is intended to be and is hereby made a covenant running with the land
described in Paragraph 1 of this AgreeJnent. This Agreement and the power of attorney referenced
herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding
on the Customer and all subsequent tranSferees, grantees, heirs, successors and assigns.
10. It is agreed that the City shall have nO liability in the event there is a reduction,
impairment or termination in water service to be provided under this Agre<:rrnent due to any
S:\CA \AGMTS'\ Walt:t SetYic~\ Water s~rvict: Agn:emC:ill - Re:v 1-6-06,due
2
v0 39\1d
t 5NOI1\ll3~ ~3W015n8
0GL9Z:H 19S
Z:S:SI 900Z:/Z:1/50
prohibitions, restrictions, limitations or requirements ofIocal, regional, State or Federal agencies or
. other agencies having jurisdiction over such matters. Also, the City shall have no liability in the
event there is a reduction, impairment or termination of water seIVice due to acts of God, accidents,
strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circwnstances beyond the
City's reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and
agents (Both in their individual and official capacities) from and against all claims, damages, law
suits and expenses including reasonable attorneys tees (whether or not incurred on appeal or in
connection with post judgment collection) and costs rising out of or resulting from the Customer's
obligation under or performance pursuant to this Agreement including disputes for breach of
warranty of title.
12. No additional agreements or representations shall be binding on any of the parties
hereto unless inCOIporated in this Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to be bound thereby.
13. The Customer warnmts to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
S:\CA\AOMTS\Walcr St:rviee\Water Srrvice Agm:ment.. Rev 1~6.dQC
3
~0 39\1d
. 5NDI1\ll3~ ~3WD15n8
02:L92:"L19~
2:~:~1 9002:/2:1/50
AGREEMENT }'OR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FORANNEXAeO~E~WEEN Tf;lE CITY OF BOYNTON BEACH AND
~ ~ ~ 11-6 ,0 'f'ce \ II (INSERT NAME)
IN WITNESS WHEREOF, the parties hereto aye
_ O~..~ b-e" , 200 ItJ
~
eir hands and seals this _?~ day of
WITNESS:
-~-mMtJ
~ess Signature
.. ,in r i e... !1oab
Printed Witness Name
AS OWNER(S):
~~. B '
n..er )gnat e
t q,.e1 O{'C{( ~ \
Printed Owner Name
~ {I j, 'Aftit~~{J-,bJAJYYtVK
Witness Si le
~ .Qher~*- Ilbfrman
Printed Wit ess Name
Witness Signature
Owner Signature
Printed Witness Name
-
Printed Owner Name
Witness Signature
Printed Witness Name
FOR INDIVIDUAL(S) NOT ARIZA nON:
STATE OF ft~ d...tL- )
() If)) sS'
COUNTY OF ~
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the Slate
fforesaid anm ~ the Gounty aforesaid to take acknowledgments, personally appeared
M f ~ l:...{\1" u..t II to me known to be the person( s) described in and who
executed the foregoing instrument that he/she acknowledged before me that he/she executed the
same; that the individual w~ personally known to me Or provided the following proof of
identificlltion: 1).- 00.Vl/r( U~ .
~(,'2--f ~~"3':f"-O . . ~~
WTrNESS~my hand and offiCial seal III the County and State last aforeSllld this'1J day of
Oe...:1U~ ,200/0
(Notary Seal)
~Pub~ (1~
My Commission expires:
l~'''' a\. NoIary Public Stale of Florida
. . Carol A Mahoney
'1,:- -.I My Commission DD460414
- ". Expires 0811012009
90 39~d ! SNOll~l3~ ~3W01Sn8
0GL 9(;PL 199
(;~:~1 900(;/(;1/50
i\GREEMENTFOR WATER SERVICE OUTSID}; THE CITY LIMITS AND
('OV~~NM ,FOR ANNEXf~ BETWEEN THE CITY OF BOYNTON BEACH AND
. \ CV\o-.v\ '\ ora(J I {INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
ATI'EST:
Kurt Bressner, City Manager
City Clerk
Approved as to fonn:
City Attorney
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authori'l'ed in the State
aforesaid and in the County aforesaid to take acknowledgments, personally
appeared ~ City Manager and .
City Clerk respectively, of the City named in the foregoing agreement and that they severally
acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily
under autholity duly vested in them by said City and that the City seal affixed thereto is the true
corporate seal affixed thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this
,200__
<lay of
(Notary Seal)
Notary Public
My commission expires:
S:\CA\AGMTS\Wnt~ Servic~\Wah:r SeNiee AeremlCl'll-ltcw 1.-6-06.00c
5
L0 38\1d
! SNOll\1l3~ ~3WOlsn8
0lL9ll>L 199
19:91 900l/l1/60
Palm Beach County Property Appraiser Property Search System
Page I of2
Location Address: 1128 HIG HLAND RD
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-08-000-1030
Subdivision: RIDGE GROVE IN
Official Records Book: 18291 Page: 1616
~DescI'"iDtion: RIDGE GROVE LTS 103 a. 104
Sale Date: Mar-ZOOS
Owner Information
Name: PORCELLI MICHAEL
~'''"I
Mailing Address: 6278 BRANCHWOOD DR
LAKE WORTH FL 33467 138 5
Sales Information
Sales Date
Book/Page
Price Sale__I.Yp~
Owner
~~'I
Feb-2003
18291/161J?
15031L1677
1385,,:V0126
$103,000 Q UIT CLAIM
PORCELLI MICHAE L
Mar-200S
$104,900 WA RRANTY DEED
MOORE DAVID A &.
Jun-2002
$70,000 WA RRANTY DEED
BLUEWA VE PROPERTIES
Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
land Value:
Total Market Value:
2006 P
$114 20
51881
U66 09
2005
7749
'33 68
.Ul 18
2004
~94~
<18.5iii
88 009
Tax Year 2006
Number of Units: 1
*Total Square Feet: 2006
Use C_ode: 0100
Description: RESIDENTIAL
* in residential properties may indicate living area.
P = Preliminary Values
~ Assessed and Taxable Va ues
Tax Year: 2006 P 2005 2004
Assessed Value: $166 09 9064 8800 ........
Exemption Amount: ., 2500 2500 ' .
Taxable Value: $166 09 6564 63 009
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2006 P 7005 2004
$3 045 1251 ot1229
$2~ 24 191
331 ~149 51 420
~
.'
1~."""':l"""'''''''1
Tax Collector WebSlt~
~ ....... I""'~~'-,I
NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the
detail on one page.
R~_cord~~arc:b I JnJorf!}gtj9n I ExemDtion~ L(:omm!!J}ity I ElJ1Q!Qymcnt I Ne""H...9In~._BJ!y~r I QJfk~_~ocatiQD~
Va.lugAdiust[l1~nt Board I ~Cly~_Q.1!CJ::Lom~~s I SeniQL(:Qrner I QlsclaimQr
Hor.n~ I !J!l~? I GtQ~ I FAQ I FQIm~ I Contq~J,s I PAP8
a-A
http://www.co.palm-beach.f1.us/papa/aspx/web/detail_info.aspx?p _ entity=004 34 50908000... 10/2/2006
All Owner
Page 1 of 1
All Owner(s)
peN Number:
00-43-45-09-08-000-1030
Owner Names
PORCELLI MICHAEL
1.r''''''W''''.'k~''",,''''1 I-"'~"~"'-l
http://www.co.palrn-beach.fl.us/papa/aspx/web/aIlOwner.aspx?entity _id=0043450908000 I... 10/2/2006
THIS INSTRUMENT PREPARSD BY:
James A Chl~f!),T, E::>guittt
,Goren, Cl1eroi. uoody Hnd EzfOI. P .A.
:ID9!:J l::S41 Commercial Blvd_
$f.li1e:wo
PI- l~uderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OFFLO~A
COUNTY OF fA \ (Y\ Pn tU/L
M \ uh~l P PD 'lee (tt '
I1We,
, hereinafter "Grantee",
hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of
executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition
for annexation of the real property described herein into the CITY OF BOYNTON BEACH-
This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act
on Grantee's behalf to accomplish annexation by any available means. The real property which is
the subject of this power is described as follows:
PCNNo.: DD--~5-Lfr -' D~--OD-Dm ~ I D3 0
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
Q~
FLORIDA, shall commence and be in fUll force and effect on the ~ day of
.D_LT 0 k4, zeGand the powers and authority shall be irrevocable by Grantee.
B0 39\1d
! SNOI1\l13~ ~3WDlsn8
0GL91:t>L1%
1:9:91 9001:/1:1/60
IN WITNESS WHEREOF, we have hereunto set our hands and seals ~~y of
()(;)-o kov- ,in the year 2~
Sealed and delivered in the presence of
7k~J Y{(O-hir
Wi Signature
~or ; e..- /'1 r:nf."i
Print Name
O"~~~l'
/vV1l bY"'(;{ L-
Print Name
V{~ Si ure
~. ~r~- ~\)bfrmClr)
Print Name
Witness Signature
Owner Signature
Print Name
Print Name
Witness
Print Name
STATE OF FLORIDA
~ (.)".,Vt-T (...{"(y-1oL
PCo7-<f~fo ~tflo-()
)
) SS:
COUNTY OF PALM BEACH )
THE ~OREGOINQ INSTRUMENT w. acknowledg j1pfore me this ~--aay of
~\O~ , 2~ by 'lAtA .t6'{"(.{l .
. who are known to me or ho have produced
, as identification and who did/did not take an 08
~~uc~
--.f).(D 1 vYla. hO\ t-vr
Type OT Print Name
Commission No. DD IfroOLfIt{
i'" a\. Notary Public Stale of Florida
.J. Carol A Mahoney
'\~.1 My Comrnission 0000414
.... E'pwesOBl1012OO9
My Commission Expires:
S:\CA'^GMTS\W....s.n-~cxt.oay.dot-I~
H:1I9!>0\900182.aawJM'f\Po_of~ 1.30-06.<100
01 39\1d
! SNOll\1l3~ ~3W01Sn~
0GL 92:t>L 199
2:9:91 9002:/2:1/60
...
_n_ .HIGH\lIEW RD
1 in. = 79.7 feet
3018201810 1791 1780 177017601750174017301720 171
0760 0750 0730 07200710
I
I
~60085(])840 0821 ! 0810 0791 0771
--~.. .~--_._--
0890 0910 0930
0950
0980 0991 ~01d102
00 1180
1160
1141
. -:iJJi
i ~.
1130 1120 1100 ~090 ;{061
1050
1510
1490
1390
1240 12501261 1280 1300 1311 134Q135Q 1360
1128 Highland Rd
iQ(~
.~
VI.-CONSENT AGENDA
ITEM C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Cormnisslon Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetin2 Dates in to City Clerk's Office Meetinl!: Dates in to City Clerk's Office
0 August I, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18, 2006 (Noon)
0 August 15, 2006 July 31, 2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) I2J November 8, 2006 October 16, 2006 (Noon)
0 September 19, 2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda I2J Legal ' ~
..u._
~-;; ----!
0 Code Compliance & Legal Settlements 0 UnfInished Business ' '--(
0 0 C> .<r.::;
Public Hearing C) _". ";1
-,
-:-0
EXPLANATION: w
In accordance with the Conditions of Approval #2 and #4 ofthe Development Order dated 1/23/04 for the
Boynton-Delray Academy the developer was required to provide right-of-way to the City of Boynton Beach
along the north and east property lines to accommodate roadway improvements. The Boynton-Delray Academy
is bounded on the north byNE 11th Ave., on the east byN. Railroad Ave., on the south byNE lOth Ave, (aka
Martin Luther King Blvd,), and on the west by residential properties. Working within the space constraints
present, the developer is providing 10-ft. of additional right-of-way along the north property line, half of that
needed to end up with a 40-ft. right of way for NE II th Ave., and is providing variable widths ofright-of~way
along the east property line so that all public improvements fall within the public right-of-way.
:;n
RECOMMENDATION: '':?
Motion to approve dedication of right-of-way on NE 11th Avenue and Railroad Avenue from the Delr~oXJi~
Academy to the City of Boynton Beach via a Right-of-Way Acquisition Agreement (15 sheets - attachett.)" z
r:y ~co
-fTl
;:>1:>
,II..J
:I:
PROGRAM IMPACT:
The required right-of-way and roadway improvements are necessary for the health and safety of the public. Both
pedestrian and vehicular traffic will increase in this area as a result of the school construction. NE 11th Ave. and
Railroad Ave. are deficient in their right-of-way and pavement widths and do not and will not safely
accommodate increased traffic uses, such as buses, without this dedication,
FISCAL IMPACT:
Funds for maintenance will be minimal. The only cost will be to maintain the added pavement area.
ALTERNATIVES:
The only alternative to approval of this agreement is to leave the right-of-way and pavement width at its present
20-ft. dimension. This would require that all public improvements be placed into an easement.
S,IBULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
~
City Manager'~re
~
Public WorkslEngineering Division
Department
City Attorney / Finance / Human Resources
S:IBULLETIN\FORMSIAGENOA ITEM REQUEST FORM.DOC
I RESOLUTION NO. R06-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING THE
5 MAYOR AND CITY CLERK TO EXECUTE A RIGHT
6 OF WAY ACQUISITION AGREEMENT BETWEEN THE
7 CITY OF BOYNTON BEACH AND DELRAY-BOYNTON
8 ACADEMY, INC., TO PROVIDE THE CITY WITH
9 SUFFICIENT PROPERTY FOR THE CONSTRUCTION
10 OF ADDITIONAL RIGHT-OF-WAY TO SERVE
II DELRAY-BOYNTON ACADEMY'S PROPERTY; AND
12 PROVIDING FOR AN EFFECTIVE DATE.
13
14 WHEREAS, pursuant to Development Order dated January 23, 2004, the Delray-
15 Boynton Academy, Inc., was required to provide right-of-way to the City of Boynton Beach
16 along the north and east property lines to accommodate roadway improvements; and
17 WHEREAS, the required right-of-way and roadway improvements are necessary for
18 the health, safety and welfare of the public; and
19 WHEREAS, the City Commission upon recommendation of staff, deems it
20 appropriate to approve and authorize the Mayor and City Clerk to enter into the Right of Way
21 Acquisition Agreement between the City of Boynton Beach and the Delray-Boynton
22 Academy, Inc., a copy of which is attached hereto and made a part hereof as Exhibit "A",
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section I.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28
Section 2.
The City Commission of the City of Boynton Beach, Florida does
29 hereby approve and authorize the Mayor and City Clerk to enter into the Right of Way
S:\CA\RESO\A.greements\Delray Boynton Academy ROW.doc
1 Acquisition Agreement between the City of Boynton Beach and the Delray-Boynton
2 Academy, Inc., a copy of which is attached hereto and made a part hereof as Exhibit "A".
3
Section 3.
This Resolution shall become effective immediately upon passage.
4 PASSED AND ADOPTED this _ day of November, 2006.
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
8
9 Mayor
10
11
12 Vice Mayor
13
14
15 Commissioner
16
17
18 Commissioner
19
20
21 Commissioner
22
23 ATTEST:
24
25
26 City Clerk
27
28
29
30 (Corporate Seal)
31
S:\CA \RESO\Agrcements\Delray Boynton Academy ROW.doc
RIGHT OF WAY ACOUISITION AGREEMENT
THIS IS AN AGREEMENT, dated the !5:l:h
between:
day of I.AI.>j
'X:d.f
, 2005, by and
THE CITY OF BOYNTON BEACH, a municipal corporation, organized and
operating under the laws of the State of Florida, with a business address of 100
East Boynton Beach Boulevard, Boynton Beach, Florida 33435, hereinafter
referred to as "CITY";
and
DELRAY-BOYNTON ACADEMY, INC., authorized to do business in the State
of Florida, with a business addre~ of 2030 S. Congress Avenue West Palm Beach,
FL 33406, hereinafterreferred to as "OWNER".
WITNESSETH
WHEREAS, OWNER owns a certain parcel of real property (hereinafter referred to as
the "Property"), more particularly described as follows:
See Legal Description attached hereto as Exhibit" A"
WHEREAS, on January 20. 2004. the Bovnton Beach City Commission approved Site
Plan Application Number CODS 03-008 for the Bovnton-DeIrav Academy. subiect to the
OWNER providing sufficient property to the CITY for the construction of additional right-of-
way to serve OWNER's property: and
WHEREAS. OWNER will grant a statutory warranty deed to the CITY in order to
permit CITY to install roadway, drainage, and other public improvements, (hereinafter referred
to as the "Improvements") within the Property in order
to provide for sufficient roadway
capacity to serve the OWNER's property within tile City; and
WHEREAS, once installed, the Improvements located within the Property will be
maintained by CITY, and, if necessary, further replaced by the CITY; and,
WHEREAS, the parties hereto have concluded that the most efficient manner in which to
achieve the pwposes and goals set forth above would be through the entering of this Agreement,
and the conveyance of a statutory warranty deed from the OWNER to the CITY; and
Page I of 13
NOW, THEREFORE, in consideration of the mutual promises contained herein and
Ten and no/lOO ($10.00) Dollars and other good and valuable considerations, the receipt,
sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
1.0 The aforesaid recitals are true and correct and are incorporated herein.
2.0 Definitions. The following terms when used in this Agreement shall have the following
meamngs:
2.1 CITY. City of Boynton Beach. CITY'S mailing address is 100 Boynton
Beach Boulevard, Boynton Beach, Florida 33435
2.2 CITY'S Attorney. James A. Cherof, Esquire, Goren, Cherof, Doody &
Ezrol, P.A., 3099 E. Commercial Boulevard, Suite 200, Fort Lauderdale, FL 33308;
Phone (954) 771-4500; Facsimile (954) 771-4923,
2.3 Closing. The delivery of the Statutory Warranty Deed to CITY.
2.4 Closing Date. The date of the Closing as determined in accordance with
Paragraph 10 below.
2.5 Deed. The Statutory Warranty Deed which conveys the Property from
OWNER to CITY.
2.6
to sign it.
Effective Date. The date that this Agreement is executed by the last party
2.7 Governmental Authority, Any federal, state, county, municipal or other
governmental department, entity, authority, commission, board, bureau, court, agency or
any instrumentality of any of them which has jurisdiction over the Property.
2.8 Governmental Requirement. Any law, enactment, statute, code,
ordinance, rule, regulation, judgment, decree, writ, injunction, franchise, permit,
certificate, license, authorization, agreement, or other direction or requirement of any
Governmental Authority now existing or hereafter enacted, adopted, promulgated,
entered, or issued applicable to the Property, or to any appurtenances, structure, use or
facility, on or adjacent to, the Property.
2.9 Property. That certain real property located in Boynton Beach, Florida,
and more particularly described in Exhibit "A" which is attached hereto, together with
all improvements, property rights, easements, privileges and appurtenances thereto which
may be assigned by the OWNER.
2.10 Permitted Exceptions. Taxes for the year 2005 and subsequent years,
zoning, easements, covenants, reservations, restrictions and agreements of record.
Page 2 of 13
2.11 OWNER. Delray-Boynton Academy, Inc., authorized to do business in
the State of Florida, with a business address of2030South Congress Avenue, West Palm
Beach, FL 33406.
2.12 OWNER'S Attorney.
2.13 Title Commitment. A title insurance commitment issued by or written on
the Title Company, agreeing to issue the Title Policy to CITY upon payment of the
Purchase Price and recording of the Deed and execution and/or recording of other closing
documents.
2.14 Title Company. The title insurance company, licensed and authorized to
conduct business in the State of Florida, selected by CITY.
2.15 Title Policy. An ALTA Form B Owner's Title Insurance Policy in the
amount of the Purchase Price, insuring CITY'S title to the Property, subject only to the
Permitted Exceptions.
3.0 Statutory Warrantv Deed. For good and valuable consideration, the receipt of which is
hereby acknowledged, and the promises and covenants contained herein, the OWNER
hereby agrees to transfer the Property to the CITY by Statutory Warranty Deed.
4.0 Evidence of Title. Within thirty (30) days following the Effective Date, CITY shall
obtain a Title Commitment, and shall deliver a copy of the Title Commitment to
OWNER'S attorney within ten (10) days of receipt. OWNER shall convey marketable
title to the Property, subject to the Permitted Exceptions. Marketable Title shall be
determined according to the Title Standards adopted by authority of the Florida Bar and
in accordance with law. CITY shall have ten (10) days from the date of receiving the
Title Commitment to examine it. If title is found defective, CITY shall, within fifteen
(15) days of the receipt of the Title Commitment, notifY OWNER in writing of the
specific title defects. CITY shall have the option of either accepting the title in its
existing condition, or of terminating this Agreement by sending written notice of
termination to OWNER. Upon the termination of this Agreement, neither CITY nor
OWNER shall have any further rights or obligations hereunder except as provided in this
Agreement.
5.0 Survev. Within fifteen (15) days of the Effective Date, CITY may obtain at its
expense a survey (the "Survey") of the Property showing all improvements thereon
prepared by a land surveyor or engineer registered and licensed in the State of Florida.
The Survey shall show the legal description of the Property to be the same as Exhibit
"A", attached hereto. The CITY may require any reasonable revision to the legal
description so long as any such revision does not result in OWNER being required to
convey any lands or rights other than those described to be within the Property described
on Exhibit "A" attached hereto. Any title objection must be delivered to OWNER's
attorney within fifteen (15) days of the Effective Date.
Page 3 of13
6.0 OWNER'S Reuresentations. OWNER hereby represents and warrants to CITY as of the
Effective Date and as of the Closing Date as follows:
6.1 OWNER'S Authoritv.OWNER has legal right and ability to sell the
Property pursuant to this Agreement. The execution and delivery of this Agreement by
OWNER and the consummation by OWNER of the transaction contemplated by this
Agreement is within OWNER'S capacity and all requisite action has been taken to make
this Agreement valid and binding on OWNER in accordance with its terms.
6.2 No Default. OWNER is not in default under any indenture, mortgage,
deed of trust, loan agreement, lease or other agreement to which OWNER is a party and
which affects any portion of the Property.
6.3 Title. OWNER is the owner of marketable title to the Property, free and
clear of all liens, encumbrances and restrictions of any kind, except the Permitted
Exceptions and encumbrances of records which will be released at Closing.
6.4 Litigation. OWNER discloses that there are no lawsuits pending or to
the knowledge of the OWNER threatened with respect to the Property or which could
affect OWNER'S ability to perform its obligations under this Agreement.
6.5 Parties in Possession. There are no parties other than OWNER in
possession of any portion of the Property as a lessee, tenant at sufferance, or trespasser.
6.6 CITY'S Remedies for OWNER'S Misreuresentations. In the event
that CITY becomes aware prior to Closing that any of OWNER'S warranties or
representations set forth in this Agreement are not materially true on the Effective Date or
any time thereafter but prior to Closing, and in the event OWNER is unable to render any
such representation or warranty true and correct as of the Closing Date, CITY may either:
(a) terminate this Agreement by written notice thereof to OWNER, in which event the
parties will be relieved of all further obligations hereunder; or (b) elect to close under this
Agreement notwithstanding the failure of such representation and warranty, in which
event the Closing shall be deemed a waiver by CITY of the failure of such representation
and warranty.
7.0 CITY'S Reuresentations. The CITY hereby represents and warrants to the OWNER
as of the Effective Date and as of the Closing Date that CITY has full and complete
authority subject to compliance with Chapter 166, Florida Statutes, the City of Boynton
Beach Charter, and Code of Ordinances, to acquire the Property and to comply with the
terms of this Agreement, and the execution and delivery of this Agreement by CITY and
the consummation by CITY of the transaction hereby contemplated are within CITY s
capacity and all requisite action has been taken to make this Agreement valid and binding
on CITY in accordance with its terms. .
8.0 Use ofProoertv/Conditions,
8.1 The Property shall be utilized by CITY for road right of way purposes including
the installation and maintenance of associated improvements.
Page 4 of 13
8.2 OWNER agrees to sign any applications and documents for any permits that the
OWNER may be required to submit to any local, state, or federal agency in association
with the installation and maintenance of the improvements.
8.3 Any work performed outside of the public road right-of-way shall be the
OWNER'S responsibility. For purposes of this Agreement, the term "public road right-
of-way" shall include the Property conveyed by OWNER to CITY pursuant to this
Agreement.
8.4 CITY shall ensure th~t all of the OWNER'S property disturbed by CITY in the
performance of the installation of the Improvements is returned to its original condition
by CITY as of the date CITY commenced such use, at the CITY'S own cost. This
includes any landscaping removed as part of the CITY'S installation of the
Improvements. In addition, CITY agrees to insure that drainage from OWNER'S
property will not be affected by the installation of the Improvements.
8.5 OWNER agrees to grant CITY a temporary construction easement over a portion
of OWNER'S property to be used by CITY, or its contractor during the construction of
the hnprovements. CITY shall provide OWNER with a temporary construction easement
for execution no later than thirty (30) days prior to the commencement of Construction
activities.
8.6 In the event that OWNER, its successors, and assigns desires to install or
construct additional structures on the OWNER'S existing and/or remaining property, the
CITY agrees that any measurements for building setbacks shall be based on the property
lines for OWNER'S property as they existed prior to the conveyance of the statutory
warranty deed to the CITY.
9.0 Conditions Precedent to Closing.
9.1 CITY'S Conditions. Each of the following events or occurrences (the
"Conditions Precedent") shall be a Condition Precedent to CITY'S obligation to close on
the Property. If the Conditions Precedent have not been satisfied on or before the
applicable Closing Dates, OWNER shall have ten (10) days within which to satisfy the
Conditions Precedent and should OWNER not have done so within said lO-day period,
CITY shall have the right to either: (a) terminate this Agreement by giving notice to
OWNER, whereupon CITY and OWNER shall be relieved of all further obligations
under this Agreement; or (b) waive the Conditions Precedent and close.
9.1.1 Representations. The representations and warranties made by OWNER in
this Agreement shall be true and correct on the Closing Date subject to the lO-day
extension provided in Paragraph 9. I above.
9.1.2 OWNER'S Obligations. OWNER shall have performed all
covenants, agreements, and obligations and complied with all conditions required
by this Agreement to be performed or complied with by OWNER prior to the
Closing Date.
Page 5 of I3
10.0 Closing.
10.1 The Closing shall occur within sixty (60) days from the Effective Date.
Once scheduled, the Closing shall commence at 10:00 AM at the law offices ofthe City Attorney
for the CITY.
11.0 OWNER'S Closing Documents. At closing, OWNER shall deliver the following documents
("OWNER'S Closing Documents") to CITY:
11.1 StatutorY Warranty Deed. The Statutory Warranty Deed shall be duly
executed and acknowledged by OWNER so as to convey to CITY good and marketable fee simple
title to the Property free and clear of all liens, encumbrances and other conditions of title, other than
the Permitted Exceptions.
11.2 Mechanic's Lien Affidavit. A mechanic's lien affidavit in the customary
form, attesting that (a) no individual, entity or Govemmental Authority has any claim against the
Property under the applicable mechanic's lien law, (b) no individual, entity or Governmental
Authority is either in possession of the Property or has a possessory interest or claim in the Property,
except as stated in Paragraph 6,6 above, and (c) no improvements to the Property have been made
for which payment has not been made.
11.3 GaD Affidavit. An affidavit in form and content reasonably satisfactory to
the Title Company to facilitate the insuring of the "gap", i.e., the deleting as an exception to the Title
Commitment any matters appearing between the effective date of the Title Commitment and the
effective date of the Title Policy.
11.4 FIRPTA. A FIRPTA Non-Foreign Entity Transferor Certificate or
Exemption Certificate or document evidencing withholdings, in accordance with Section 1445 of
the Intemal Revenue Code.
11.5 Form 1099-B. Such federal income tax reports respecting the sale of the
Property as are required by the Intemal Revenue Code.
11.6 Public Disclosure Affidavit. An Affidavit III accordance with the
provisions of Section 286.23 Florida Statutes Public Disclosure Act.
12.0 CITY'S Closing Documents. At closing, CITY shall deliver the following documents
(CITY'S Closing Documents) to OWNER:
12.1 City Commission Approval. A certified copy of the Resolution, Minutes or
Agenda Action of the pertinent meeting of the City Commission showing that CITY has
been authorized to enter into and execute this Agreement and consummate the transaction
herein contemplated.
12.2 Closing Statement. A Closing Statement mutually acceptable to both CITY and
OWNER.
Page 6 of 13
13.0 Closing Procedure. The Closing shall proceed in the following manner:
13.1 OWNER shall deliver OWNER'S Closing Documents to the CITY.
13.2 CITY shall deliver CITY'S Closing Documents to the OWNER.
14.0 Closing Costs. Taxes. Assessments. and Impact Fees.
14.1 Ad Valorem Taxes. If applicable, OWNER shall comply with Section
196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the
year of closing into escrow with the Palm Beach County Revenue Collector.
14.2 CITY'S Closing Costs. CITY shall pay for the following items prior to or
at the time of Closing: Cost of providing marketable title as provided herein, including,
but not limited to lien searches, and cost for a title search/data; documentary stamps on
the Deed; Recording of Deed; owner's title insurance premium; survey costs, Phase I
Environmental assessment costs, if any.
14.3 Assessments. Certified, confirmed or ratified special assessment liens as of
the Effective Date of this Agreement are to be paid by the OWNER. Pending liens as of the
Effective Date of this Agreement shall be assumed by the CITY.
14.4 Impact Fees. CITY agrees to assume at the applicable closing all obligations
relating to the Land, respectively, imposed by govermnentaI authorities, including impact
fees.
15.0 Default. In addition to the other remedies which CITY may have specifically set
forth in this Agreement in the event of OWNER'S default, CITY shall be entitled to equitable relief
to enforce the terms and conditions of this Agreement either through a decree for specific
performance or injunctive relief.
16.0 Possession. CITY shall be granted full possession of the Property at Closing,
subject to the provision of Paragraph 6.6 above.
17.0 Condemnation. In the event of the institution of any proceedings by any
GovermnentaI Authority, other than the City of Boynton Beach, which shall relate to the proposed
taking of any portion of the Property by eminent domain prior to Closing, or in the event of the
taking of any portion of the Property by eminent domain prior to Closing, OWNER shall promptly
notify CITY and CITY shall thereafter within fifteen (15) days after receipt by CITY of the notice
from OWNER either (I) tenninate this Agr(:em.ent, whereupon OWNER and CITY shall be
released of all further responsibility and obligations hereunder; or (2) proceed to close this
transaction. OWNER hereby agrees to furnish CITY with written notice of a proposed
condemnation within five (5) business days after OWNER'S receipt of notification. Should CITY
tenninate this Agreement, the parties hereto shall be released from their respective obligatious and
liabilities hereunder. Should CITY elect not to terminate, the parties hereto shall proceed to Closing
Page 7 of 13
and OWNER shall assign all of their right, title and interest in all awards in connection with such
taking to CITY.
18.0 Notice. Any notice, request, demand, instruction or other cOlIllTIlmication to be
given to either party hereunder, except where required to be delivered at the Closing, shall be in
writing and shall be hand delivered or sent by Federal Express or a comparable over-night mail
service, or mailed by U.S. Registered or Certified Mail, return receipt requested, postage prepaid, to
CITY, OWNER, CITY'S Attorney and OWNER'S Attorney, at their respective addresses set forth
in Paragraph 1 of this Agreement or by facsimile transmittal with a receipt certifYing delivery.
Notice shall be deemed to have been given upon receipt of said notice. The addressees and
addresses for the purpose of this paragraph may be changed by giving notice. Unless and until such
written notice is received, the last addressee and address stated herein shall be deemed to continue
in effect for all purposes hereunder.
19,0 Assignment. The Contract shall not be assignable by either party.
20.0 Miscellaneous.
20.1 Counteroarts. This Agreement may be executed in any number of
counterparts, anyone and all of which shall constitute the contract of the parties. The
paragraph headings herein contained are for the purposes of identification only and shall not
be considered in construing this Agreement.
20.2 Amendment. No modification or amendment of this Agreement shall be of
any force or effect unless in writing executed by both OWNER and CITY.
20.3 Attornevs' Fees. If any party obtains a judgment against any other party by
reason of breach of this Agreement, attorneys' fees and costs shall be included in such
judgment.
20.4 Governing Law. This Agreement shall be interpreted in accordance with the
laws of the State of Florida, both substantive and remedial.
20.5 Entire Agreement. This Agreement sets forth the entire agreement between
OWNER and CITY relating to the Property and all subject matter herein and supersedes all
prior and contemporaneous negotiations, understandings and agreements, written or oral,
between the parties.
20.6 Computation of Dates. If any date computed in the manner herein set forth
falls on a legal holiday or non-business day or non-banking day, then such date shall be
extended to the first business day following said legal holiday or non-business day or non-
banking day.
20.7 Time is of the Essence. Time is of the essence and failure of the CITY to
exercise the option granted hereby on or before the Option Acceptance Date shall cause this
Agreement to tenninate and be of no further force or effect. The provisions herein
Page 8 of 13
contained shall be strictly construed for the reason that both parties intend 'that all time
periods provided for in this Agreement shall be strictly adhered to.
20.8 No Recording. Neither this Agreement nor any notice or memorandwn
hereof shall be recorded in the public records of any county in the State of Florida.
20.9 Right ofEntrv. OWNER hereby grants to CITY the right to enter upon the
Property during the term of this Agreement to inspect, investigate and conduct tests and
environmental audits on the Property and take whatever action CITY deems necessary or
desirable to detennine the Property's suitability for CITY'S intended use. CITY shall
restore the Property to the condition existing prior to CITY conducting any tests on the
Property pursuant to this Paragraph 20.9. CITY shall, to the extent pennitted by law, hold
OWNER harmless for any damage resulting from the failure of CITY or the agents,
contractors, employees and representatives of CITY to exercise reasonable care in the
conduct of such tests, inspections or examinations or, in the alternative, provide to OWNER
a Certificate of Insurance reflecting that the CITY shall insure OWNER to protect it from
any liability arising from the testing and investigation of the Property. CITY agrees to give
OWNER reasonable telephone notice and an opportunity to accompany CITY or its agents
when conducting reviews, inspections, or tests, as well as the contents of any docwnents or
studies conducted by OWNER and provided to CITY pursuant to this Agreement, except as
may be necessary in order to effectuate the closing of this transaction or upon lawful order
of a governmental authority. CITY agrees to provide, if requested, to OWNER copies of all
inspection reports, studies and test results. Any and all costs associated with the
reproduction of these reports, studies and test results shall be borne by OWNER. CITY
shall timely pay for and hold OWNER harmless from liability for all tests, services,
inspections, audits and examinations performed on CITY'S behalf under this Paragraph 20.9
so that the Property does not become subject to any liens. CITY has no authority or right to
create liens upon the Property. If such a lien occurs, CITY shall remove same by a
statutorilypennitted bond or otherwise within five (5) days of Notice from OWNER.
20.1 0 Brokers. The parties represent unto each other that there are no real estate
brokers, salesmen, agents or finders involved in this transaction. OWNER shall indemnify
and hold harmless CITY from any claims by any brokers, salesmen, agents or finders
claiming by or under OWNER. To the extent pennitted by law, CITY shaII indemnify and
hold hannless OWNER from any claims for any commissions by any brokers, salesmen,
agents or finders claiming by or under CITY.
20.1 I Accentance of Deed. The acceptance of the Deed by CITY shall be deemed
full performance and discharge of every agreement and obligation on the part of OWNER to
be performed pursuant to this Agreement, except those which are specifically stated to
survive delivery of the Deed and closing.
20.12 Interpretation. Should any term or provision of this Agreement be subject to
judicial interpretation, it is agreed by OWNER and CITY that the court interpreting or
construing the same shall not apply a preswnption that the tenn or provision shall be more
strictly construed against the party who itself or through its agents and attorneys of each
Page 9 of 13
party have participated in the preparation of the terms and provisions ofthis Agreement and
that all terms and provisions have been negotiated.
20.13 Captions. Headings. Etc. Captions, headings, section and subsection
numbers in this Agreement are for convenience and reference only, and shall have no effect
upon the meaning of any of the terms or provision herein,
20.14 Waiver. Failure of either party to insist upon compliance with any term or
provision hereof shall not constitute a waiver thereof, and no waiver of any term or
provision of this Agreement shall be effective unless it is in writing and signed by the party
against whom it is asserted. Any waiver of any term or provision of this Agreement shall
only be applicable to the specific term or provision and instance to which it is related, and
shall not be deemed to be a continuing or future waiver as to such term or provision or as to
any other term or provision.
20.15 No Third party Beneficiarv. The terms and provisions of this Agreement are
for the exclusive benefit of OWNER and CITY, and not for the benefit of any third party,
and this Agreement shall not be deemed to have conferred any rights, express or implied,
upon any third party.
20.16 Survival. The obligations of the CITY and the OWNER shall survive
the execution and delivery of this Agreement.
20.17 Additional Documents. The PARTIES hereby agree from time to time to
execute and deliver such further documents and do all matters and things which may be
convenient or necessary to more effectively and completely carry out the intentions of this
Agreement.
20.18 Reoresentations OWNER hereby represents to CITY, with full
knowledge that CITY is relying upon these representations when entering into this
Agreement with OWNER, that OWNER'S interest in the Property is subject only to the
interest held by the first mortgagee, and that no other person, entity, or other mortgagee has
any interest in said Property.
20.19 Legal Renresentation. It is acknowledged that each party to this Agreement
had the opportunity to be represented by counsel in the preparation of this Agreement, and
accordingly, the rule that a contract shall be interpreted strictly against the party preparing
same shall not apply due to the joint contribution of both PARTIES.
IN WITNESS WHEREOF, the PARTIES hereto have made and executed this Agreement
on the respective dates under each signature: the CITY through its City Commissioners, signed by
and through its Mayor, authorized to execute same by City Commission action on the _ day of
, 2005, and OWNER, by and through the undersigned officers duly
authorized to execute same.
CITY
Page 10 of 13
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
BY:
MAYOR
JANET PRAINITO, CITY CLERK
APPROVED AS TO LEGAL FORM:
OFFICE OF THE CITY ATTORNEY
OWNER
WITNESSES:
lQU,wtL
LauYW'd A
. t Name
BY.
Print Name
--
Print Name
STATE OF
COUNTY OF
BEFORE ME, an officer duly authorifed by law to administer oaths and take
acknowledgments, personally appeared uO-6 ()tu;..cJ Gree/A ,
who is personally known to me or who has provided 'fU.D~ 6!~~() "~'t 't20v as
identification, and acknowledged he/she executed the foregoing Agreement for the use and pUlpOses
mentioned in it and is duly authorized to execute the foregoing Agreement on behalfofDELRAY-
BOYNTON ACADEMY
IN WITNESS OF THE FO~GOING, I have set my hand and official seal at in the
State and County aforesaid on this S l<. day of 1'1 "--'I ' ~ 2.0:;; t
~~t
NOTARY PUBLIC
"'''''' Ell'U S Cueto
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Page 11 of 13
Print or Type Name
My Commission Expires:
OWNER
WITNESSES:
a Florida
Limited Partnership
BY:
Print Name
Print Name
Print Name
STATE OF
COUNTY OF
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared
who is personally known to me or who has provided as
identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes
mentioned in it and is duly authorized to execute the foregoing Agreement on behalf of
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and County aforesaid on this day of , 2005,
NOTARY PUBLIC
Print or Type Name
My Commission Expires:
DNT/bm
H:\I990\900182.BBIREALES1\ROW Delrav~Bovnlon Academv.doc
Page 12 of 13
EXHIBIT "A"
LEGAL DESCRIPTION
Page 13 of 13
~ @ ~ I
LEGAL DESCRIPTION:
ENGINEERING
Description:
A portion of Block "B" and the 5,00 foot Alley to the South thereof, MEEKS AND ANDREWS
ADDITION TO BOYNTON, according the plot thereof, os recorded in Plot Book 5, Page 84 of the
Public Records of Palm Beach County, Florida, and 0 portion of Lot 2, Block 1, "E" ROBERTS
ADDITION TO BOYNTON, according the plot thereof, os recorded in Plot Book 1, Page 123 of the
Public Records of Palm Beach, Florida, being more particularly described os follows:
Commencing at the Sauthwest Carner of lot 4, Block 1 af "C ROBERTS ADDlllON TO BOYNTON,
according the plot thereof, os recorded in Plot Book 1, Page 123 of the Public Records of Palm
Beach, Florida; thence East, along the South Line of Lots 4, 3 and 2 of said Block 1, 0 distance
of 104.06 feet to the POINT OF BEGINNING of this description; thence continue East, along the
South line of said lot 2, 0 distance of 5.77 feet; thence North 07"47'02" East, along the West
Right-af-Way line of Railroad Avenue, os currently laid out and in use, a distance of 25.03 feet
to 0 point hereinofter referred to os Point" A"; thence South 20'16'33" West, 0 distance of
26.43 feet to 0 point on said South line of lot 2 and the POINT OF BEGINNING of this
description.
TOGETHER WITH:
Beginning at Point" A": thence North 07"47'02" East, along the West Right-of-Way line of Railroad
Avenue, os currently laid out and in use, 0 distance of 97.15 feet the POINT OF BEGINNING of this
description; thence North 3712'58" West, 0 distance of 16.97 feet: thence North 07"47'02" East, 0
distance of 39.97 feet; thence North 52"47'02" East, a distance of 12.37 feet; thence Narth 06'
49'18" East, a distance of 87.27 feet; thence North 22'39'15" west, 0 distonce of 19.06 feet:
thence West, a distance of 113.89 feet; thence North 03'09'23" Eost, 0 distance of 9.01 feet to a
point on the North Line of said Block "B"; thence East, olong the North Line of said Block "8". 0
distance of 129.13 feet to 0 point of intersection with the west Right-of-Way line of said Railroad
Avenue, os currently laid out and in use; thence South OT47'OZ" West. along soid West line of
Railroad Avenue. a distonce of 175.45 feet to the POINT OF BEGINNING of this descriptian.
Said lands situate, lying and being in Palm Beach County. Fjorido.
legals/031197
SURVEYOR'S NOTES:
1. All BEARINGS OR ANGUS SHO'MII HEREON ARE BASED ON lHE
RECORD PlAT UNlESS OlHERWISE HOlm.
2 TI-lIS SURVEY IS NOT VALID 'MTI-lOUT lHE SURVEYOR'S S1GNATURE
AND EMBOSSED SEAl.
CERTlFICA TE:
I HEREBY CERllFY THAT THE ATTACHED SKETCH OF LEGAL OF THE
DESCRIBED PROPERTY IS lRUE AND CORRECT TO lH( BEST OF
"YK~~ ~4 AS SUR\o8'ED UNDER MY D1RECllON.
/~ 04-11-05
MICHAEL G. PURMORT PAUL A. DAVIS
P.LS. 12720 OR P.LS. f4531
STATE OF FLORIDA. STAlE OF FLORIDA.
DA VIS
& PURMORT,
INC.
10
1" = 60'
N,L.R.
04-11-05
03-1197
_._-~--
.___ N/A __.
LB 10007219
Land Surveyors . Land Development. Consultants " Planners
843 SOUTHEAST 8th AVENUE- DEERFlELD BEACH, FL 33441
Phone: (954) 421-9101 &: (954) 698-9101 fox: (954}698-9722
Subdivisions de Condominiums Land & Site Planning
lot _._.... _.k..... _.T........... _.R""'" _.~ _.- """" SHEET NO,
OF 2
SKETCH OF LEGAL
LEGEND:
P.O.C. .,. POINT or COMMENCEMENT
P.O.B. = POINT OF BEGINNING
R/W = RIGHT-OF-WAY
REF. PT. >= REFERENCE POINT
<t ~ CENlffiUNE
20'
N.E. 11th AVENUE
~ct (2O'R/VI)
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ASSUMED BEARING
BASIS
N03"09'23"E 9.01'
PARCEL "A"
EAST 129.13'
W ff;:;
\'\'EST 113.89
PROPOSED
R/W- TAKIN
N22'39'15"W 19.06'
EAST
Il
<::(
10::
PORTION OF
SLOCK "s"
PORllON OF
BLOCK "B"
MEEKS AND ANDREWS ADDITION
TO BOYNTON
(P .B. 5, PG. 84)
PARCEL "c"
N52'47'02"E 12.37'
SOUlH UNE
BLOCK "B"
N07"47'02"E 39.97'
5' R/W
PER
(P.B. 5, PC. 84)
It
E:J
E. ROBERTS ADDITION
TO BOYNTON
(P.B. 1, PG. 123)
'L~U~ 1.
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- ]]/~ !
tlE. 10lh AVE.
~
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EIO'lWIOHIEACHIllIiO.
(M1I04)-
LOCA 110N , MAP
NOT TO SCALE
GRAPHIC SCALE
lDT4
BLOCK 1
lDT3
BLOCK 1
5~
30
I
50
I
LOT 5
BLOCK 1
1 REF. PT.
"A
PR OSED "3"
R/W- TAKIN
( IN FEET )
1 Inch = 60 ft.
1= EAST; 5.77'
2= N07'47'02"E; 25.03'
3= S20"16'33"W; 26.43'
P.O,C.
S. W. CORNE
LOT 4
SOUlli UHE
BLOCK ","
N
~
I
I "1'
& PURMORT,
INC.
ct _ (SO' R/VI)
N,E. 10th
A VENUE
10' TAKING
DA VIS
LB #0007219
Land Surveyors.. Land Development-Consultants.. Planners
843 SOUTHEAST 8th AVENUE- DEERFIELD BEACH. FL 33441
Phone: (954) 421-9101 & (954) 698-9101 fox: (954)698-9722
Subdivisions &: Condominiums Land &. Site Planning
L.oI SuNoyo._ _._ _ .r_ SuNoyo..oa>nI Plats. Con<IomWum Plats . eon"""""" .......
DATE R
SCALE:
DRAWN BY:
DATE:
JOB NO:
F.B./PG.
FILE
SHEET NO. 2
S
1" = 60'
N.l.R.
04-11-05
03-1197
N/A
OF 2
lqr
y
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\.
VI.-CONSENT AGENDA
ITEM C.4.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetim! Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office
D August I, 2006 July 17,2006 fNoon.) D October 3, 2006 September 18,2006 (Noon)
D August 15, 2006 July 31,2006 fNoon) D October 17. 2006 October 2, 2006 (Noon)
D September 6, 2006 August 14,2006 fNoon) ~ November 8, 2006 October 16, 2006 (Noon)
D September 19,2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon)
D AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM ~ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Please place this request on lbe November 8, 2006 City COnmllssion Agenda under
Consent Agenda, as a resolution to consider lbe request from Nextel Soulb COlporation to amend lbe lease agreement for a
telecommunications tower at Little League Park (300 Woolbright Road). Stalfreconnnends lbat this request be approved
lbereby allowing lbe existing lease parcel to be expanded by an additional 130 square feet (a 10' x 13' pad) to accommodate a
generator for alternative power,
EXPLANATION: Property has been leased from lbe city by Nextel Soulb Corporation since March of 2000, for a
telecommunications tower. The additional land would only be occupied by equipment required for alternative power supply,
for whicb lbe applicant has agreed to pay an additional $550 per monlb in rent. Stalfunderstands lbat this and olber similar
requests are in reaction to power outages caused during the past two hurricane seasons. Staff has reviewed this request to
amend lbe lease agreement as described herein and within lbe exhibits, and recommends approval.
PROGRAM IMPACT:
FlSCAL IMPACT:
ALTERNATIVES:
N/A
Will increase revenues from a tower site lease by $550 per month.
N",._~",~""""",._ ~
City Manager's Signature
~
2.-0~
Planning and Zo . irector
Assistant to City Manager
City Attorney / Finance
S:\Planning\SHARED\WP\SPECPROJ\TeleComm Towers\Agenda Item Request Nextel Tower Generator.dot
S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R06-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING THE MAYOR AND CITY CLERK TO
6 EXECUTE A FIRST ADDENDUM TO
7 COMMUNICATIONS SITE LEASE AGREEMENT
8 (GROUND) AND A MEMORANDUM OF FIRST
9 AMENDMENT TO COMMUNICATIONS SITE LEASE
10 AGREEMENT (GROUND) BETWEEN THE CITY OF
11 BOYNTON BEACH AND NEXTEL SOUTH CORP.; AND
12 PROVIDING AN EFFECTIVE DATE.
13
]4
15 WHEREAS, on March 7, 2000, the City Commission of the City of Boynton Beach,
]6 Florida authorized via Resolution 00-25, a Communications Site Lease Agreement (Ground)
17 between the City of Boynton Beach and Nextel South Corp; and
18 WHEREAS, Nextel South Corporation is requesting to amend the Lease Agreement
]9 to allow the existing lease parcel to be expanded by an additional 130 square feet to
20 accommodate a generator for alternative power; and
21 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon
22 recommendation of staff, hereby authorizes and directs the Mayor and City Clerk to execute
23 the First Addendum to Communications Site Lease Agreement and a Memorandum of First
24 Amendment to Communications Site Lease Agreement between the City of Boynton Beach
25 and Nextel South Corp.
26
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\CA \RESO\Agreements\Nextcl Agr - First Amcndment.doc
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 being true and correct and are hereby made a specific part of this Resolution upon adoption
3 hereof.
4
Section 2.
The City Commission of the City of Boynton Beach, Florida does
5
hereby authorize and direct the Mayor and City Clerk to execute the First Amendment to
6
Communications Site Lease Agreement and a Memorandum of First Amendment to
7
Communications Site Lease Agreement between the City of Boynton Beach and Nextel South
8
Corp., said Agreement being attached hereto as Exhibit "A".
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Section 3,
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of November, 2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
S:\CA\RESO\Agreements\Nextel Agr - First Amendment.doc
Nextel Site Name: High Point
Nextel Site No,: Fl2513A
Area: Florida
Market South
FIRST AMENDMENT
TO COMMUNICATIONS SITE LEASE AGREEMENT (GROUND)
This First Amendment to Communications Site Lease Agreement (Ground)
("First Amendment") is made as of this _ day of , 2006,
by and between the City of Boynton Beach, a Florida municipal cOlporation (hereinafter
referred to as "Lessor") and Nextel South Corp., a Georgia corporation, (hereinafter
referred to as "Lessee", which term shall include its successors and assigns where the
context so admits),
WITNESSETH:
WHEREAS, Lessor and Lessee entered into that certain Communications Site
Lease Agreement (Ground) dated March 16,2000, (the "Agreement"), for approximately
five hundred fifty-eight (558) square feet of Land and all access and utility easements, if
any, (the "Premises"), located in the City of Boynton Beach., County of Palm Beach,
State of Florida, more commonly known as Little League Field, 300 Woolbright Road,
Boynton Beach, Florida (the "Land"); and
WHEREAS, Lessor and Lessee agree that the Agreement provides that Lessee
shall have the right to operate communications services at the Premises; and
WHEREAS, the parties now desire to modify and amend the Agreement in order
to increase the square footage of the Premises, adjust the Rent, modify the Lessee
Facilities and update Lessee's notice address.
NOW, THEREFORE, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. Paragraph I, Premises, is amended to reflect the additional/ease area on
the ground of approximately one hundred thirty (130) square feet for the installation of a
generator and supporting equipment as further illustrated on Exhibit B-1 attached and
incorporated herein.
2. Paragraph 5, Rent, is amended to reflect an increase of Five Hundred Fifty
and 00/100 Dollars ($550.00) per month to the Rent currently in effect as of the start of
construction under this First Amendment.
3. Paragraph 19(d), Notices, is amended to reflect Lessee's current notice
address as follows:
WPB1\REALEST\209221.1
3679lWOO1 C8 61112008
Page 1 of5
Nextel Site Name: High Point
Nextel Site No.: FL2513A
Area: Ronda
Market: South
Lessee:
Nextel South Corp.
851 Trafalgar Court
Suite 300E
Maitland, FL 32751
Attn: Property Manager
With a copy to:
Sprint
2001 Edmund Halley Drive
Reston, VA 20191-3436
Attn: Regional Legal Services, Contracts Manager
4. Exhibit A of the Agreement, Nextel Lease Site Legal Description, is
supplemented with the attached Exhibit A-I and Exhibit B of the Agreement, Description
of Premises, is supplemented with the attached Exhibit B-1. Any and all references to
Exhibit A and/or B shall hereinafter include Exhibit A-I and/or B-1.
5. Effective as of the date of this First Amendment, Lessee has the right to do
all work necessary to prepare, maintain and alter the Premises in accordance with this
First Amendment and as may be necessary for Lessee's business operations at the
Premises. All alterations, changes and equipment modifications made pursuant to this
First Amendment shall be made in compliance with the tenus, covenants and conditions
of the Agreement, as hereby amended, and shall remain Lessee's personal property and
are not fixtures. Lessor and Lessee further affirm that title to the Lessee Facilities
(including any modifications made in accordance with this First Amendment) shall be
held by Lessee.
6. Miscellaneous.
(a) All capitalized terms used herein, unless otherwise defined herein,
shall be defined in conformity with the terms and conditions of the Agreement.
(b) In case of any inconsistencies between the tenus and conditions
contained in the Agreement and the tenus and conditions contained herein, the terms and
conditions herein shall control. Except as set forth herein, all provisions of the
Agreement remain unchanged and in full force and effect.
(c) Lessee shall have the right to record an amended Memorandum of
Agreement in the official Records of the County where the Property is located. Lessor
agrees to execute an amended Memorandum of Agreement for recording upon request by
Lessee,
(d) This First Amendment may be executed in multiple counterparts,
each copy of which shall be deemed an original document.
WP81\REAL.EST\209221.1
3679lWOOt cs 61112006
Page 2 of5
Nextel Site Name: High Point
Naxtel SRa No.: F12513A
Area: Florida
Market South
IN WITNESS WHEREOF, the parties have executed this First Amendment as a
sealed instrument as of the day and year first written above.
LESSOR:
LESSEE:
City of Boynton Beach,
a Florida municipal corporation
Nextel South Corp.,
a Georgia corporation
By:
Name:
Title:
By:
Name: David Wong
Title: Area Manager Site Development
Date:
,2006
Date:
,2006
Witnesses for
Witnesses for David Wong:
Print Name:
Print Name:
Print Name:
Print Name:
WPB1\REAt..E8'r1.201.1
3879ClI'OOO1C111f1/2006
Page 3 of5
EXHIBIT A-I
Supplement
Nextel Lease Site Legal Description
Nextel S"e Name: High Point
Nextel Site No.: F12513A
Area: Florida
MarKel: South
DESCRIPTION OF ADDITIONAL GROUND SPACE FOR GENERATOR
[ffi
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EXHIBIT B-1
Supplement
Description of Premises
Nextel S~e Name: High Point
Nextel Site No.: FL2513A
Area: Florida
Market South
DESCRIPTION OF ADDITIONAL GROUND SPACE FOR GENERATOR
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Nextel Site Name: High Point
Nextel Site Number: F12513A
Mar1<et South Florida
RECORDED AT REQUEST OF, AND
WHEN RECORDED RETURN TO:
Nexte/ South Corp.
851 Trafa/gar Court, 300E
Maitland, FL 32751
Attn: Property Manager
MEMORANDUM OF FIRST AMENDMENT TO
COMMUNICATiONS SITE LEASE AGREEMENT (GROUND)
FL2513A I High Point
This MEMORANDUM OF FIRST AMENDMENT to Communications Site Lease Agreement (Ground) is
entered into on this day of , 2006, by the CITY OF
BOYNTON BEACH, a Florida municipal corporation, with an address of 100 East Boynton Beach
Boulevard, P.O. Box 310, Boynton Beach, FL 33425 (hereinafter referred to as "Lessor") and NEXTEL
SOUTH CORP., a Georgia corporation, with an office at 851 Trafalgar Court, Suite 300E, Maitland, FL
32751 (hereinafter referred to as "Lessee").
WHEREAS, Lessor and Lessee hereby modify the Memorandum of Agreement dated March 16,
2000 and recorded May 11, 2000 in Official Records Book 11775, Page 1183 of the Public Records of
Palm Beach County, Florida, as follows:
The Exhibit B is hereby supplemented with Exhibit B-1 - attached hereto.
In witness whereof, the parties have executed this Memorandum of First Amendment as of the
day and year first written above.
Lessor:
Lessee:
City of Boynton Beach,
a Florida municipal corporation
Nextel South Corp.,
a Georgia corporation
By:
By:
Name:
Name:
David Wong
Titie:
Title:
Area Manager Site Development
Date:
Date:
Page 1 of 3
MOA.022006
WPBt\REAlE8T\200226.1
3I5NMIOOt ct 81112006
Nextel Site Name: High Point
Nextel Site Number: FL2513A
Market: South Florida
PROVINCE OF
CITY OF
On , before me, , Notary Public, personally appeared _
, as of the City of Boynton Beach,
a Florida municipal corporation, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me
that they executed the same in their authorized capacity, and that by their signature on the instrument,
the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public
My commission expires:
STATE OF FLORIDA
COUNTY OF ORANGE
On , before me, , Notary Public, personally appeared
David Wong, as Area Manager Site Development, of Nextel South Corp., a Georgia corporation,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within Instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
(SEAL)
My commission expires:
Page :2 of 3
MOA.022006
WP81\REAlEST\209226.1
367WI'OOO1 CI W11200ll
Nextel Site Name: High Point
Nextel Sne Number: F12513A
Market Soulh Florida
MOA.022006
wPB1\AEAt.E8T\20D22.1
3870aQ)D1 C8 &1112006
EXHIBIT B-1
Supplement
Description of Premises
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VI.-CONSENT AGENDA
ITEM C.S
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting pates in to Citv Clerk's Office
0 August I, 2006 July 17, 2006 (Noon.) 0
0 August 15, 2006 July 31, 2006 (Noon) 0
0 September 6, 2006 Augus114,2006 (Noon) I2<:J
0 September 19,2006 September 5, 2006 (Noon) 0
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
October 3, 2006
September 18, 2006 (Noon)
October 17,2006
'October 2, 2006 (Noon)
November 8. 2006
October 16,2006 (Noon)
November 21, 2006
November 6, 2006 (Noon)
NATURE OF
AGENDA ITEM
o
o
I2<:J
o
o
Announcernents/Presentations
Administrative
Consent Agenda
o
o
o
o
o
City Manager's Report
New Business
<:::>
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RECOMMENDA TlON: Authorize the Mayor to sign two original project agreements to accept funding rrom the Florida
Department of Environmental Protection, Land and Water Conservation Fund for the development of Jaycee Park.
Code Compliance & Legal Settlements
Legal
Unfinished Business
v'
cu
~_.~("-=
v
Public Hearing
EXPLANATION: The City of Boynton Beach has been awarded a matching grant of $200,000.00 through the Land and
Water Conservation Fund Program to further deveiop the Jaycee Park property, This grant was originally applied for in
2004-05, but did not score high enough to receive funding. However, more monies became available and this project is now
funded at the amount originally requested. Upon execution of the project agreement, the City will have three years to
complete the outdoor recreation project.
PROGRAM IMPACT: This phase of development in Jaycee Park includes the provision of boating facilities, fishing
facilities, boardwalk trail, landscaping and other related supporting facilities (see attached conceptual plan),
FISCAL IMPACT: Total project cost is estimated at $400,000.00. The matching portion rrom the City of Boynton Beach is
approximately $200,000.00 and is included in the FY2006-2007 Capital Improvements Program budget, Project number
CP0513, account number 302-4299-580~6305.
ALTERN A TlVES: Not enter into an agreement with the Department of Environmental Protection and the City would pay all
..j~=" . tI& ~
~ c;"M~'''''';'M_
Assistant to City Manager ~
Department Name
City Attorney I Finance
SIBULLETlNlFORMSIAGENDA ITEM REQUEST FORMDDC
1
2
3
4
5
6
7
8
9
10
11
RESOLUTION NO. R06-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO ENTER INTO AN AGREEMENT WITH THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION FOR FUNDING TOWARDS
DEVELOPMENT OF JAYCEE PARK; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach has been awarded a matching grant of
12
$200,000,00 through the Land and Water Conservation Fund Program to further develop Jaycee
13
Park; and
14
WHEREAS, this grant was originally applied for in 2004-05 but did not score high
15
enough to receive funding. More monies have become available and this project is now funded at
16
the amount originally requested; and
17
WHEREAS, upon execution of the Project Agreement, the City will have three (3) years
18
to complete the outdoor recreation project; and
19
WHEREAS, the Florida Department ofEnvirorunental Protection administers FRDAP;
20
and
21
WHEREAS, this phase of development in Jaycee Park includes the provisions for boating
22
facilities, fishing facilities, boardwalk trail, landscaping and other related supporting facilities.
23
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24
25
26
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section I.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
27
being true and correct and are hereby made a specific part of this Resolution upon adoption
28
hereof.
29
Section 2. The City Commission of the City of Boynton Beach hereby authorizes the
S:\CA\RESO\Agreements\Grants\Jaycee Project - FRDAP Grant Agmt(06-07).doc
1 Mayor and City Clerk to execute the Florida Department of Environmental Protection 2006/07
2 Project Agreement for a grant in the amount of$200,000.00 for the Jaycee Park Project.
3
Section 3.
This Resolution shall become effective immediately upon passage.
4 PASSED AND ADOPTED this _ day of November, 2006.
5
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
29 (Corporate Seal)
S:ICAIRESOlAgreementslGfantslJaycee Project - FRDAP Grant Agmt(06-07).doc
(;
-......
JAYCEE PARK
City of Boynton Bfluch
PBSJ
12-00546
(LWCF Project Number)
LW165
DEP Contract Number
CFDA Number: 15.916
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
LAND AND WATER CONSERVATION FUND PROGRAM
FY 2006 - 2007
PROJECT AGREEMENT - DEVELOPMENT
This Project Agreement is entered into between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900
Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter called the
"Department"), and the CITY OF BOYNTON BEACH, whose address is Post Office Box
310 , Boynton Beach. Florida, 33435 (hereinafter called the "Grantee"), a local
government, in furtherance of the Jaycee Park project, an approved outdoor recreation
project.
WHEREAS, the Department receives funds for the purpose of passing through
the agency as grants to other entities in accordance with Section 375.021(4), Florida
Statutes; and,
WHEREAS, Chapter 375, Florida Statutes, further authorizes the Department to
receive grants for outdoor recreation and conservation; and,
WHEREAS, the Grantee has submitted Project Application number 1.Q, which
has been approved by the Department.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the Department and Grantee do hereby agree as follows:
1. This Project Agreement shall be effective upon execution of this Project
Agreement and end no later than three (3) years from the date of Agreement
execution, inclusive. The Project Agreement shall be performed in accordance
with Chapter 62D-5, Part VII, Florida Administrative Code, effective July 15, 2001
(hereinafter called the Rule); the Land and Water Conservation Fund (LWCF) Act
of 1965, Public Law 88-578, 78 Stat 897, as amended, (hereinafter called the
Program); and with general provisions for such agreements prescribed by the
United States Department of the Interior (hereinafter called the USDOI) in the
LWCF Grants-in-Aid Manual, (hereinafter called the Manual) including the CFRs
referenced below. The Manual refers to the code of federal regulations (CFRs)
applicable to this Agreement. The following table identifies several of the key
CFRs addressed in the Manual, but does not limit the Grantee to compliance with
only the CFRs identified in the table.
DEP Agreement No. , Page 1 of 12
DEP 55-239 (09/05)
CFR Cite ~ ------ ---.-----.-------. ~
Title
36 CFR 59 Land and Water Conservation Fund Program Assistance to States; Post~
Completion Compliance Responsibilities .
36 CFR 800.8 Coordination With the National Environmental Policv Act
43 CFR 12 Administrative and Audit Requirements and Cost Principles for Assistance
Proarams
43 CFR 17 Nondiscrimination in Federally Assisted Programs of the Department of
Interior
u
The Grantee agrees to become familiar with all provisions and comply with the
Rule and Manual, including the above-stated provisions of the CFR, which are
incorporated into this Project Agreement by reference, as if fully set forth herein.
In the event a dispute should arise between the parties concerning the intent of
any language herein contained, the same shall be resolved by the adoption of
that meaning which furthers the intent and purpose of the L WCF Act of 1965 and
the general provisions governing this Project Agreement as set forth in the
Manual. No construction shall be contrary to the requirements of any Act of
Congress or of the regulations of the Secretary of the Interior.
2. The Department has found that public outdoor recreation is the primary purpose
of the project known as Javcee Park (Land and Water ConseNation Fund, LWCF
Project Number 12-00546), hereinafter called the Project, and enters into this
Project Agreement with the Grantee for the development of that real property, the
legal description of which shall be submitted to the Department as described in
the Land and Water ConseNation Fund Program Approved Project
Documentation Form, DEP Form FPS-A048. The approved Project Application,
which includes the Project Elements (description of project, detailed budget, and
anticipated deliverables), is incorporated into this Project Agreement by
reference as if fully set forth herein. The "approved Project Application" includes
only those Project Elements approved by the Department and does not include
proposed elements not approved by the Department. Any revisions to the
Project Elements as set forth in the approved Project Application must be
formally requested by the Grantee and, if agreed upon by the Department, the
modifications will be reduced to writing in an amendment to this Agreement.
3. The Grantee shall construct, or cause to be constructed, specified public outdoor
recreation facilities and improvements consisting of the following Project
Elements: boatina facilities. fishina facilities. boardwalk trail. landscapina
and other related SUlJlJort facilities.
4. The Project Elements identified in Paragraph 3 herein shall be designed and
constructed substantially in accordance with the conceptual site development
plan contained in the Project Application. Project Site facilities shall be attractive
for public use, and generally consistent and compatible with the environment.
. Plans and specifications for Project Site improvements and facilities shall be in
accord with current and established engineering and architectural standards and
practices, Emphasis should be given to the health and safety of users,
accessibility to the general public, and the protection of the recreational and
DEP Agreement No. , Page 2 of 12
DEP 55-239 109/05)
natural values of the area. This site development plan may be altered by the
Grantee, only after written approval by the Department. Any and all utility lines
installed within the park shall be placed underground. The Grantee shall have
the final site development plan (site engineering and architectural) prepared by a
registered architect or engineer licensed in accordance with the laws of the State
of Florida.
5.
A.
The Department shall pay the Grantee on a reimbursement basis the
eligible Grant amount not to exceed $200.000, which will pay said federal
Program's share of the cost of the Project. Program funding limits are
based upon the following:
Total Department (federal) Program Amount
Grantee Match Amount
Total Project Cost
$200,000
$200,000
$400,000
Type of Match (Cash and/or In-kind SeNices)
B. Within sixty (60) days after receipt of the request, the Department's Grant
Manager shall review the completion documentation and payment request
from the Grantee for the Project. If the documentation is sufficient and
meets the requirements of the Land and Water ConseNation Fund
Program Required Project Completion Documentation Form, DEP Form
FPS-A051, referenced in s. 62D-5,073(7)(e)2, FAC., the Department will
approve the request for payment.
6. In addition to the invoicing requirements contained in paragraph 5 above, the
Department will periodically request proof of a transaction (invoice, payroll
register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant
to State and Federal guidelines (including cost allocation guidelines), as
appropriate. This information when requested must be provided within 30
calendar days of such request. The Grantee may also be required to submit a
cost allocation plan to the Department in support of its multipliers (overhead,
indirect, general administrative costs, and fringe benefrts). All bills for amounts
due under this Agreement shall be submitted in detail sufficient for a proper pre-
audit and post-audit thereof. State guidelines for allowable costs can be found in
the Florida Department. of Financial SeNice's Reference Guide for State
Expenditures at www.dbf.state.f1.usIaadirlreference auide and allowable costs for
federal programs can be found under 48 CFR Part 31 at
htto:/Iwww.access.aoo.aov/nara/cfr/cfr-table-search.htmland OMB Circulars A-87, A-
122, A-21, at htto:/Iwww.whitehouse.aov/omblcircularslindex.html#numerical.
7. Reimbursement for travel expenses is not authorized under this Project
Agreement.
DEP Agreement No. , Page 3 of 12
DEP 55-239 (09/05)
8. The Grantee agrees to comply with the Division of Recreation and Parks' Grant
and Contract Accountability Procedure, hereinafter called the Procedure and
incorporated into this Project Agreement by reference as if fully set forth herein.
All purchases of goods and services for accomplishment of the Project shall be
secured in accordance with the procurement requirements specified in 43 CFR
12.76. Expenses representing the Project costs, including the required matching
contribution, shall be reported to the Department and summarized on certification
forms provided in the Procedure. The Department and Grantee agree to use the
Procedure guidelines in accounting for LWCF funds disbursed under the Project.
The parties further agree that the principles for determining the eligible costs,
supporting documentation and minimum reporting requirements of the Procedure
shall be used.
9. Allowable indirect costs as defined in the Procedure shall not exceed 15% of the
Grantee's eligible salaries/wages, Indirect costs that exceed 15% must be
approved in advance in writing by the Department to be considered eligible
Project expenses.
10. Project funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 62D-5.069(31) of the Rule) incurred by Grantee prior to execution of
this Project Agreement as set forth in s.62D-5.073(2) of the Rule. The
Department and the Grantee fully understand and agree that there shall be no
reimbursement of Project funds by the Department for any expenditure made
prior to the execution of this Project Agreement with the exception of the
following expenditures which meet the requirements of the foregoing sections of
the Rule.
Preagreement Costs Approved:
Description of Work Performed Amount Approved
0
~
Total Preaqreement Costs Approved: 0
- ..---
11. A.
Prior to commencement of Project development, the Grantee shall submit
the documentation required by the Land and Water Conservation Fund
Program Required Project Commencement Documentation Form, DEP
Form FPS-A050, referenced in s. 62D-5,073(7)(e) of the Rule, to the
Department. Upon determining that the documentation complies with the
Rule, the Department will give written notice to Grantee to commence the
development and approve the request for payment.
B. If Grantee does not have any of the documents incorporated by reference
in this Agreement, Grantee shall obtain them from the Department or other
official source.
DEP Agreement No. , Page 4 of 12
DEP 55-239 (09/05)
12. The Grantee shall obtain all required local, state and federal permits and
approvals prior to commencement of Project construction and shall certify that it
has done so to the Department by completing the Land and Water Conservation
Program Project Permitting Certification, DEP Form FPS-A052, referenced in s.
62D-5.073(7)(e)(1) of the Rule.
13. The Grantee shall complete all Project construction by the completion date
established in paragraph 1, above.
14. Project completion means the Project is open and available for use by the public.
The Project must be completed prior to release of final reimbursement.
15, A.
The Grantee shall maintain books, records and documents directly
pertinent to performance under this Agreement in accordance with
generally accepted accounting principles consistently applied. The
Department, the State, or their authorized representatives shall have
access to such records for audit purposes during the term of this
Agreement and for five years following Agreement completion. In the
event any work is subcontracted, the Grantee shall similarly require each
subcontractor to maintain and allow access to such records for audit
purposes.
B. The Grantee agrees that if any litigation, claim, or audit is started before
the expiration of the record retention period established above, the
records shall be retained until all litigation, claims or audit findings
involving the records have been resolved and final action taken.
C. Records for equipment acquired with federal funds shall be retained for
five years following final disposition.
16. In addition to the provisions contained in Paragraph 15 above, the Grantee shall
comply with the applicable provisions contained in Attachment A, Special Audit
Requirements, attached hereto and made a part hereof. A revised copy of
Attachment A, Exhibit-1, must be provided to the Grantee with each amendment
which authorizes a funding increase or decrease. The revised Exhibit-1 shall
summarize the funding sources supporting the Project Agreement for purposes
of assisting the Grantee in complying with the requirements of Attachment A. If
the Grantee fails to receive a revised copy of Attachment A, Exhibit-1, the
Grantee shall notify the Department's Grant Manager at 850/245-2501 to request
a copy of the updated information.
17. Following receipt of an audit report identifying any reimbursement due the
Department for the Grantee's noncompliance with this Project Agreement, the
Grantee will be allowed a maximum of thirty (30) days to submit additional
pertinent documentation to offset the amount identified as being due to the
Department. The Department, following a review of the documentation submitted
by the Grantee, will inform the Grantee of any reimbursement due the
Department.
DEP Agreement No. , Page 5 of 12
DEP 55-239 (09/05)
18. The Grantee, as an independent contractor and not an agent, representative, or
employee of the Department, agrees to carry adequate liability and other
appropriate forms of insurance. The Department shall have no liability except as
specifically provided in this Project Agreement.
19. To the extent required by law, the Grantee will be self-insured against, or will
secure and maintain during the life of this Agreement, Workers' Compensation
Insurance for all of its employees connected with the work of this Project and, in
case any work is subcontracted, the Grantee shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of the latter's
employees unless such employees are covered by the protection afforded by the
Grantee. Such self-insurance program or insurance coverage shall comply fully
with the Florida Workers' Compensation law. In case any class of employees
engaged in hazardous work under this Agreement is not protected under Florida
Workers' Compensation law, the Grantee shall provide, and cause each
subcontractor to provide, adequate insurance satisfactory to the Department, for
the protection of those employees not otherwise protected.
20. The purchase of non-expendable equipment is not authorized under the terms of
this Agreement.
21. The Department's Grant Manager for the purpose of this Project Agreement, or
successor, shall be responsible for ensuring performance of its terms and
conditions and shall approve all reimbursement requests prior to payment. The
Grantee's Liaison Agent (also known as Grantee's Grant Manager), as identified
in the Project Application, or successor, shall act on behalf of the Grantee
relative to the provisions of this Project Agreement. The Grantee's Liaison
Agent, shall submit to the Department signed Project status reports every ninety
(90) days summarizing the work accomplished, problems encountered,
percentage of completion, and other information which may be requested by the
Department. Photographs to reflect the construction work accomplished shall be
submitted when the Department requests them, Any and all notices shall be
deemed effective and sufficient if sent via U.S. mail, facsimile (fax), electronic
mail, or by hand-delivery to the parties at the following addresses:
Grantee's Liaison Agent
Name: Mr. Wally Majors, Director
Entity: City of Boynton Beach
Address: Post Office Box 310
City, State, Zip: Boynton Beach, FL 33435
Phone: 5617426255
SunCom Phone:
Fax: 5617426233
SunCom Fax:
Email: maiorsw@cLbovnton-beach.f1.us
DEP Agreement No. , Page 6 of 12
DEP 55-239 (09/05)
Department's Grant Manager
Name: Tamika Ardley, or successor
Entity: Florida Department of Environmental
Protection
Address: 3900 Commonwealth Boulevard, MS585
City, State, Zip: Tallahassee, Florida 32399-3000
Phone: (850) 245-2501
SunCom Phone: 205-2501
Fax: (850) 245-3038
SunCom Fax: 205-3038
Email: Tamika.ardley@dep.state.f1.us
22. Prior to final reimbursement, the Grantee must erect a permanent information
sign on the Project site which credits Project funding or a portion thereof, from
the Land and Water Conservation Fund Program through the USDOI and the
Department.
23. The Department and USDOI have the right to inspect the Project and any and all
records related thereto at any reasonable time.
24. This Agreement may be unilaterally canceled by the Department for refusal by
the Grantee to allow public access to all documents, papers, letters, or other
material made or received by the Grantee in conjunction with this Agreement,
unless the records are exempt from Section 24(a) of Article I of the State
Constitution and Section 119.07(1), Florida Statutes.
25. Prior to the closing of the Project the Department shall have the right to demand
a refund, either in whole or in part, of the LWCF funds provided to the Grantee
for non-compliance with the material terms of this Project Agreement. The
Grantee, upon such written notification from the Department, shall refund, and
shall forthwith pay to the Department, the amount of money demanded by the
Department. Interest on any refund shall be calculated and determined pursuant
to Section 55.03(1) of the Florida Statutes. Interest shall be calculated from the
date(s) of payment(s) to the Grantee by the Department to the date repayment is
made by Grantee. After closing of the Project, the Grantee may not repay the
funds but shall go through the conversion process described by the Manual and
the Rule.
26. If the United States, acting through the USDOI, the Secretary of the Interior, or
any other branch of the government of the United States, acting within the scope
of its lawful authority, should for any reason demand a refund from the
Department, in whole or in part, of the funds provided to the Grantee under the
terms of this Project Agreement, the Grantee, upon notification from the
Department, agrees to pay the refund and will forthwith repay directly to the
Department the amount of money demanded.
DEP Agreement No. , Page 7 of 12
DEP 55-239 (09/05)
27. The Grantee shall comply with all federal, state and local laws, rules, regulations
and ordinances in developing this Project. The Grantee acknowledges that this
requirement includes compliance with all federal, state and local health and
safety rules and regulations including all applicable building codes. The Grantee
further agrees to ensure that the Grantee's contract will include the requirements
of this paragraph in all subcontracts made to perform this Project Agreement.
28. Competitive open bidding and purchasing for construction of said Project facilities
or improvements shall comply with all applicable laws and the Manual. Following
completion of Project construction, the Grantee's Liaison Agent shall provide the
Department with a statement certifying that all purchases or contracts for
construction were competitively bid pursuant to applicable law and the Manual.
29. If asphalt paving is required for the Project it shall conform to the Florida
Department of Transportation's specifications for road and bridge construction.
Bid specifications, contracts and/or purchase orders of the Grantee must specify
thickness of asphalt and square yards to be paved.
30. By acceptance of the provisions of this Project Agreement, the Grantee does
hereby agree to dedicate the Project Site and all land within the Project
boundaries, identified in Paragraph 2 herein, in perpetuity as an outdoor
recreation site for the use and benefit of the public, as stated in s. 620-5.074(1)
of the Rule. Execution of this Project Agreement by the Department shall
constitute an acceptance of said dedication on behalf of the general public of the
State of Florida. The Grantee represents that it has sufficient site control to
enable this dedication. The dedication must be promptly recorded in the county's
official public records by the Grantee and Grantee shall provide a certified copy
to the Department.
31. The Grantee agrees to operate and maintain the Project site as stated in s. 620-
5.074(2) of the Rule. The Project site, Project-related facilities, and any future
outdoor recreation facilities developed on the Project site shall be open to the
general public for outdoor recreation use, maintained in accordance with
applicable health and safety standards, and kept in good repair to prevent undue
deterioration and provide for safe public use. The Grantee covenants that it has
full legal authority and financial ability to develop, operate and maintain said
Project-related facilities and improvements as specified within the terms of this
Project Agreement. The Grantee shall obtain Department approval prior to any
and all current or future development of facilities on the Project site, if said
development is not described in Paragraph 3 herein.
32. The Grantee shall not, for any reason, convert all or any portion of the park
for any purpose other than public outdoor recreation without prior approval
of the USDOI and the Department pursuant to Section 6(f)(3) of the LWCF
Act, the Manual, and s. 620-5.074(3) ofthe Rule.
DEP Agreement No. , Page 8 of 12
DEP 55-239 (09/05)
33. Failure to comply with the provisions of the Rule or the terms and conditions of
this Agreement will result in cancellation of the Project Agreement by the
Department. The Department shall give the Grantee in violation of the Rule or
this Project Agreement a notice in writing of the particular violations stating a
reasonable time to comply. If the Grantee does not comply or obtain and
extension of time within the time period stated in the notice, this Project
Agreement shall be automatically terminated.
34. In the event of conflict in the provisions of the Rule, the Project Agreement and
the Project Application, the provisions of the Rule shall control over this Project
Agreement and this Project Agreement shall control over the Project Application
documents.
35. If the Department determines that site control is not sufficient under the Rule or
has been compromised, the Department shall give the applicant a notice in
writing and a reasonable time to comply. If the deficiency cannot be reasonably
corrected within the time specified in the notice, the Department shall cancel this
Project Agreement.
36. In accordance with the LWCF Act, Program funds will be made available
contingent upon an annual appropriation to each State by Congress. The State
of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation of spending authority by the Florida
Legislature. The parties hereto understand that this Agreement is not a
commitment of future appropriations.
37. A.
The Grantee certifies that no Federal appropriated funds have been paid
or will be paid by or on behalf of the Grantee, to any person for influencing
or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a
Member of Congress, in connection with the awarding, renewal, amending
or modifying of any Federal contract, grant, or cooperative agreement. If
any non-Federal funds are used for lobbying activities as described above,
the Grantee shall submit Attachment B, Form DEP 55-221, effective
January 2001, "Disclosure of Lobbying Activities" (attached hereto and
made a part hereof), and shall file quarterly updates of any material
changes. The Grantee shall require the language of this certification to be
included in all subcontracts, and all subcontractors shall certify and
disclose accordingly. (43 CFR Part 18)
B. In accordance with Section 216.347, Florida Statutes, the Grantee is
hereby prohibited from using funds provided by this Agreement for the
purpose of lobbying the Legislature, the judicial branch or a state agency.
38. A.
No person on the grounds of race, religion, creed, color, national origin,
age, sex, marital status or disability, shall be excluded from participation
in; be denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this Project Agreement.
DEP Agreement No. , Page 9 of 12
DEP 55-239 (09/05)
B. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a public
entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public
entity. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and intends to post the list on its
website. Questions regarding the discriminatory vendor list may be
directed to the Florida Department of Management Services, Office of
Supplier Diversity at (850) 487-0915.
39. Each party hereto agrees that it shall be solely responsible for the wrongful acts
of its employees and agents. However, nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the provisions of s. 768.28,
Florida Statutes, and other statutes that provide immunity to the Department or
the State.
40. A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not perform work as a grantee, contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold
amount provided in s, 287.017, Florida Statutes, or Category Two, for a period of
36 months from the date of being placed on the convicted vendor list.
41. A.
In accordance with Executive Order 12549, Debarment and Suspension
(43 CFR Part 12.100-.510), the Grantee shall agree and certify that
neither it, nor its principals, is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency; and,
that the Grantee shall not knowingly enter into any lower tier contract, or
other covered transaction, with a person who is similarly debarred or
suspended from participating in this covered transaction, unless
authorized in writing by US DOl to the Department.
B. Upon execution of this Agreement by the Grantee, the Grantee shall
complete, sign and return a f<QQY of the form entitled "Certification
Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Federally Funded Transactions", attached hereto and made a
part hereof as Attachment C.
C. As required by paragraphs A and B above, the Grantee shall include the
language of this section, and Attachment C in all subcontracts or lower
tier agreements executed to support the Grantee's work under this
Agreement.
DEP Agreement No. , Page 10 of 12
DEP 55-239 109/05)
42. This Project Agreement has been delivered in the State of Florida and shall be
construed in accordance with the laws of Florida. Wherever possible, each
provision of this Project Agreement shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this Project
Agreement shall be prohibited or invalid under applicable Florida law, such
provision shall be ineffective to the extent of such prohibition or invalidity, without
invalidating the remainder of such provision or the remaining provisions of this
Project Agreement. Any action hereon or in connection herewith shall be brought
in Leon County, Florida unless prohibited by applicable law.
43. No delay or failure to exercise any right, power or remedy accruing to either party
upon breach or default by either party under this Project Agreement, shall impair
any such right, power or remedy of either party; nor shall such delay or failure be
construed as a waiver of any such breach or default, or any similar breach or
default thereafter.
44. This Project Agreement is not intended nor shall it be construed as granting any
rights, privileges or interest in any third party without mutual written agreement of
the parties hereto.
45. This Project Agreement is an exclusive contract and may not be assigned in
whole or in part without the prior written approval of the Department.
46. The parties hereto acknowledge and agree that the provisions contained in
paragraphs 15, 23, 30, 31, and 32 shall survive the end date of this Agreement
established in paragraph 1.
47. This Project Agreement-represents the entire agreement of the parties. Any
alterations, variations, changes, modifications or waivers of provisions of this
Project Agreement shall only be valid when they have been reduced to writing,
duly executed by each of the parties hereto, and attached to the original of this
Project Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. , Page 11 of 12
DEP 55-239 (09/05)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed, the day and year last written below.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
By: = AJ.5l -Z;1(,JJ
Division Director
Division of Recreation and Parks
and State Liaison Officer
(or designee)
CITY OF BOYNTON BEACH
By: .
Printed Name
Date:
Title
Date:
FEID No.:
Address:
Office of Information and Recreation
SeNices (MS 585)
Division of Recreation and Parks
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Address:
~~~
DEP Grant Manager
Grantee's Attorney
Approved as to form and legality for
use for one year by Suzanne Brantley,
Assistant General Counsel on 5/1/06.
Attachments:
Attachment A
Attachment B
Attachment C
- Special Audit Requirements (5 pages)
- Disclosure of Lobbying Activities (2 pages)
- Certification Regarding Debarments/Suspension, etc. (2 pages)
DEP Agreement No. , Page 12 of 12
DEP 55-239 (09/05)
ATTACHMENT A
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F's., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defmed by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply. and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
1bis part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
I. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT I to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph I., the recipient shall fulfill the
requirements relative to audilee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised,
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $300,000 ($500,000 for fiscal years ending after 12/31/03) in Federal awards in
its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A.
133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit
must be paid from recipient resources obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at bttD://12A6.245.173/cfda/cfda.btml.
DEP 55~215 (01/04)
DEP Agreement No. 12-00546, Attachment /1, Page 1 of5
PART II: STATE FUNDED
Tills part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statntes.
1. In the event that the recipient expends a total amOlmt of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statntes; applicable rules of the Executive
Office of the Governor and the Chief Financial Officer; and Chapters to.550 (local governmental entities)
or 10.650 (nonprofit and for~profit organizations), Rules of the Auditor General. EXHIBIT I to this
Agreement indicates State fmancial assistance awarded through the Department of Environmental
Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the
recipient shall consider all sources of State financial assistance, including State financial assistance
received from the Department of Environmental Protection, other state agencies, and other Donstate
entities. State fmancial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statntes. Tills includes submission
of a financial reporting package as defined by Section 215.97(2)(d), Florida Statntes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for~profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit condncted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statntes, the cost of the audit
must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at htto://state.fl.us/fsaa/catalog or the Governor's
Office of Policy and Budget website located at
htto://www.mvflorida.comimvfloridalgovernment/contacts/onbOffice.htmlfor assistance. In addition to
the above websites, the following websites may be accessed for information: Legislature's Website
htto://wwwJeg.state.fl.us/. Governor's Website htto://www.mvflorida.comi. Department of Financial
Services' Website htto://www.dbf.state.fl.usIand the Auditor General's Website
htto:/ /www.state.fl.us/audgen.
PART Ill: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the filii cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-I33, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A~133, as revised, by or on behalf of the recipient directlv to each of the following:
DEP 55~215 (01104)
DEP Agreement No. 12-00546, Attachment A, Page 2 of 5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office ofthe Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B, The Federal Audit Clearinghouse designated in OMB Circular A~133, as revised (the number of
copies required by Sections .320 (d)(I) and (2), OMB Circular A~133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau ofthe Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(1), OMB Circular A~133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3. Copies of fmancial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
Stale of Florida Auditor General
Room 401, Claude Pepper Building
III West Madison Street
Tallahassee, Florida 32399~1450
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
DEP 55~215 (01/04)
DEP Agreement No. 12-00546, Attachment A, Page 3 of 5
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for~profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A~133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
OEP 55~215 (01104)
DEP Agreement No. 12-00546, Attachment A, Page 401"5
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VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM C.6
AGENDA ITEM REQUEST FOR1vl
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meetinll Dates in to City Clerk's Office MeetinlZ Dates in to Citv Clerk's Office
D August I, 2006 July 17, 2006 (Noon.) D Dctob<;r 3, 2006 September 18, 2006 (Noon)
D August 15,2006 July 31, 2006 (Noon) D October 17, 2006 October 2, 2006 (Noon)
D September 6, 2006 August 14,2006 (Noon) ~ November 8, 2006 October 16,2006 (Noon)
D September 19, 2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon)
NATURE OF
AGENDA ITEM
D
D
~
D
D
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
, -~~.
AnnouncementsIPresentations
D
D
D
D
D
City Manager's Report
New Business
-) ~"~
Legal
Unfmished Business
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RECOMMENDATION: Motion to approve the roadway name change of Renaissance Commons Boulevard No\!ji.an~;:';
Renaissance Commons Boulevard South by deleting the suffixes, and to be only known as RENAISSANCE COMMONS ::c
BOULEVARD.
EXPLANATION: The first record plat of Renaissance Commons, a PUD was recorded on May 26,2004. The second
record plat of Renaissance Commons Plat Two, a PUD was recorded on November 22, 2004. Both record plats reflect a
different name for each side of Renaissance Commons Boulevard, that being Renaissance Commons Boulevard North (for the
east side with vehicles traveling northward), and Renaissance Commons BoJ,l!evard South (for the west side with vehicles!
traveling southward). This roadway is separated in the center median area With reflecting water ponds and have a total right-
of-way width (out-to-out) of some 175 feet. There is no delineation as to which portion of the roadway is 'north' and which
portion is 'south'. This roadway link is located from the SFWMD C~16 Canal north to Gateway Boulevard.
The development to the south (Boynton Town Center) continued with the Renaissance Commons Boulevard roadway name
(from the SFWMD C-16 Canal down to Old Boynton Road), but reduced its total (out-to-out) right-of-way width to 80 feet.
This portion of the corridor also has sidewalk easements on each side to "create" a greater effective roadway width,
However, this part of the same roadway does not designate any 'north' or 'south' sides. Staff feels that it would be a greater
benefit to all residents in these developments to simply know the roadway corridor as RENAISSANCE COMMONS
BOULEVARD.
PROGRAM IMP ACT: Elimination of the platted roadway name suffixes will eliminate any 'official' confusion.
FISCAL IMPACT: None
ALTERNATIVES: Leave the roadway name suffixes in use, which will generate, a roadway signage name dilennna,
S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
--~~~~j2
~
CityMa~e
Assistant to City Manager ~ ~
Public Warks / Engineering Division
Department Name
City Attorney / Finance
S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
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RESOLUTION NO. 06-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA RENAMING
RENAISSANCE COMMONS BOULEVARD NORTH
AND RENAISSANCE COMMONS BOULEVARD
SOUTH BY DELETING THE SUFFIXES AND TO BE
ONLY KNOWN AS RENAISSANCE COMMONS
BOULEVARD; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the first and second record plats of Renaissance Commons, a PUD reflect a
different name for each side of Renaissance Commons Boulevard, being north and south. The
development to the south continued with Renaissance Commons Boulevard roadway name,
however, this part ofthe same roadway does not designate any "north" or "south" sides; and
WHEREAS, the renaming of Renaissance Commons Boulevard North and Renaissance
Commons Boulevard South to only be known as Renaissance Commons Boulevard specifically
requires that the City Commission adopt a resolution approving the name change;
WHEREAS, the City Commission finds that the renaming of Renaissance Commons
Boulevard North and Renaissance Commons Boulevard South to only be known as Renaissance
Commons Boulevard will be a greater benefit to all residents and facilitate emergency services to
City citizens, residents, and businesses, and is in the best interest ofthe health, safety, and welfare
of the citizens and residents of the City of Boynton Beach.
NOW, THEREFORE, BE IT RESOL YED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
Section 1:
The "Whereas" clauses set forth hereinabove related to proposed legislative
enactments are incorporated herein by reference.
Section 2: The City Commission of the City of Boynton Beach, Florida hereby
renames Renaissance Commons Boulevard North and Renaissance Commons Boulevard South to
only be known as Renaissance Commons Boulevard which will best facilitate emergency services
to the residents.
I
S:\CA\RESO\Renaming Renaissance Commons Blvd.doc
1
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15 ATTEST:
16
17
18 City Clerk
19
20 (Corporate Seal)
Section 3:
This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this _ day of November, 2006.
CITY OF BOYNTON BEACH
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
2
S:\CA \RESO\Renaming Renaissance Commons Blvd.doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meetine Dates in to Citv Clerk's Office Meetin!!: Dates
0 August 1> 2006 July 17,2006 (Noon.) 0 October 3, 2006
0 August 15,2006 July 31, 2006 (Noon) 0 October 17, 2006
0 September 6, 2006 August 14,2006 (Noon) IZI November 8, 2006
0 September 19, 2006 September 5, 2006 (Noon) 0 November 21, 2006
VI.-CONSENT AGENDA
ITEM [; J;
Date Final Form Must be Turned
in to Citv Clerk's Office
September 18, 2006 (Noon)
'::)
Cktober2,2006 (Noon)
c:>
n
October 16,2006 (Noon)--t
W
November 6, 2006 (Noon)
:e;:
....;..,.
0 AnnouncementslPresentations 0 City Manager's Report 'n
0 Administrative 0 New Business ;:..,.)
NATURE OF
AGENDA ITEM IZI Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
C)
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RECOMMENDATION:
Motion to approve full release of surety for the project known as Albertsons at Hypoluxo Village, in the amount of
$22,188.91, and return of the letter of credit number NWS487658 from the Wells Fargo/J.P. Morgan in this amount to
the projeet developer.
EXPLANATION:
Albertson's, Inc., the developer oflhis project, established a letter of credit with Ihe City to guarantee Ihe installation
and satisfactory operation of the water and sewer systems serving the project. All of these utilities have been installed
and have operated as expected throughout the one-year warranty period. The surety may therefore be returned to
the developer (Albertsons, Inc., 250 Parkeenter Blvd., Boise, ID 83706, Attn: Bryan Birrer).
~
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATlr~: None
4 AL-5~~
Departrileiit Head's Signature
UTILITIES
Department Name
XC:
/3Peter Mazzella (w/copy of attachments)
Chris Roschek
Mary Munro, Finance Dept.
City Attorney
File
"
"
S:\BULLETfNIFORMSIAGENDA ITEM REQUEST FDRM.DOC
A
Albertsons'
Re: Letter of Credit #NWS487658
Albertsons #4486
SWC Hypoluxo & Miiitary
Palm Beach, FL
Pcrmit #138271~152~DSGP
Permit #138271 ~ 153~DWC
~\i~\i.\\"\i~
. -." - " --
~f.~"--
April 26, 2006
Petcr Mazzella
Deputy Director of Utilities
124 E. Woolbright Road
Boynton Beach, FL 33435
Dear Mr. Mazzella:
This letter serves to verify that the construction of the wastewater and water systems have been
completed at the site listed above. Thereby Albel1sons is requesting final rclease our Letter of
Credit.
Please send the original Letter of Credit number NWS487658 back to:
Albertson,s, Inc.
Attention: Bryan Birrer
250 Parkcenter Blvd.
Boise, ill 83706
If you have any questions regarding this issue, plcase contact Sandy Reeder, at (208) 395~5207.
Thank you for your prompt attention to this matter.
ALBERTSON'S, INC./ STORE SUPPORT CENTER / 250 PARKCENTER BOULEVARD
BOX 20 / BOISE, IOAHO 83726/ 208~395-6200
(r(
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r-
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVI
VI.-CONSENT AGENDA
ITEM E.
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meetimz Dates in to City Clerk's Office
0 August I, 2006 July l7, 2006 (Noon.) 0 October 3, 2006 September 18, 2006 (Noon)
0 August 15,2006 July 3l, 2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) [8:J November 8, 2006 October 16, 2006 (Noon)
0 September 19, 2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [8:J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 UnfInished Business
0 Public Hearing 0
RECOMMENDATION: A MOTION to approve tbe "SURPLUS VEHICLE/EQmPMENT LIST" as submitted by
Public Works/Fleet Maintenance and allow selling of the same
EXPLANATION: Procurement Services bas reviewed the "Surplus/Equipment list' request submitted by Public
Works/Fleet Maintenance (see attacbed memos #006-107, & #006-109). Utilizing the City of Boynton Beacb disposal
process for surplus equipment will allow tbe equipment to be sold at a public auction or through a sealed bid process
and generate revenues to the Fleet Maintenance Fund.
Procurement Services request Commission's review, evaluation and approval to dispose of tbe surplus property.
PROGRAM IMPACT: Tbe disposal of surplus vehicles/equipment will provide inventory control maintenance and
allow for receipt of revenue tbougb a process monitored by Procurement Services.
FISCAL IMPACT: Tbe revenues generated from tbe sale of surplus vehicles will be placed in tbe following account.
Revenue Account:
501-0000-365-01-00
Funds:
Fleet
Account Descriotion:
Sale of Surplus
ALTERNATIVES: The disposal of these surplus vebicles will allow for space for. udgeted new Vebicles.
Procurement Services
S,IBULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
SUBJ:
DATE:
PUBLIC WORKS DEPARTMENT
MEMORANDUM #06-107
Bobby Jenkins, Assistant Finance Director
Jeffrey Livergood, P.E., Director of Public Works~})
Christine Roberts, Assistant Director Public W orksl/t'-.-
Tim Calhoun, Fleet Administratov;7c? .
Surplus Vehicle
October 5, 2006
The resources listed below are scheduled to be replaced in FY 2006/07 because they have reached
their useful life cycle, We would like approval to dispose of these vehicles.
Unit #
5
75
116
181
191
201
578
600
648
800
826
840
1072
1077
1082
1091
1096
3002
3003
3004
3005
3008
3009
3210
Description
1999 Dodge Pick Up
1998 International wi GS Recycler Body
1997 Ford Taurus
2000 Sterling Vaccon
1996 Dodge Pick Up
1996 Dodge Pick Up
1997 Ford Pick Up
199 Chevy SUV
1996 Dodge Cargo Van
1990 Fire Aerial Platform
1998 Ford Taurus
2001 Freightliner ALS
2000 EVO Side Loader
2001 Volvo Heil Auto Refuse Truck
2000 International Labrie Recycler
2000 Volvo Roll Off Truck
2000 Volvo Roll Off Truck
2000 Chevy Lumina
2000 Chevy Lumina
2000 Chevy Lumina
2000 Chevy Lumina
2000 Chevy Lumina
2000 Chevy Lumina
2002 Chevy Monte Carlo
Vin#
IB7HC16X2XS243991
IHTSCAAN2WH574161
IFALP52UXV A201482
2FZHRJBB2Y AB57323
3B7HCI3Y2T0158292
IB7HC16X7TS701048
IFTEF2764VKC48001
IGNCS13W5XKI80420
2B7HB21Y3TKI56615
A000881990
IFAFP57U6WAI84509
IFV ABPBW2lHG82267
I L9AF59B7YK006330
4V2EC6HEXIN327457
IHTSDAAN I YH247900
4V5JC2UF6YN870629
4V5JC2UF2YN870630
2GIWL52J1YI111041
2GIWL52J8YII02014
2GIWL52J4YII09056
2GIWL52J6Yl142415
201 WL52J4Y1251973
2G 1 WL52J9Y 1257669
2G I WW12E929343513
4109
4116
4126
4318
4319
4401
4644
4645
4646
4647
4922
4924
8006
8090
8533
8534
8556
PWFile
2001 Police Crown Victoria
2001 Police Crown Victoria
2001 Police Crown Victoria
2003 Police Crown Victoria
2003 Police Crown Victoria
2004 Police Crown Victoria
2006 Harley Davidson
2006 Harley Davidson
2006 Harley Davidson
2006 Harley Davidson
2000 Chevy Astro Van
2000 Chevy Astro Van
1988 Wells Cargo Trailer
1991 Ford Tractor
1999 Toro Riding Mower
1999 Toro Riding Mower
2005 Suzuki A TV Beach Unit
2FAFP71W61XI55971
2FAFP71WXIXI55956
2FAFP71W71XI55963
2F AHP71 W43XI70870
2FAHP71W63XI70871
2F AFP71 W24X134295
IHDIFHWI46Y712019
IHDIFHWI46Y711985
IHDlFHW136Y711377
IHDIFHWI96Y712307
IGNDMI9W5YBI03151
IGNDMI9W4YBI03674
IWC200G25J3015378
BC87608
80882
80923
5SAAK46A657103690
PUBLIC WORKS DEPARTMENT
MEMORANDUM #06-109
TO:
Bobby Jenkins, Assistant Finance Director
THRU:
Jeffrey Livergood, P.E., Director of Public Works-$L-
SUBJ:
Tim Calhoun, Fleet Administrator1(! ,
Surplus Vehicle
FROM:
DATE:
October 11, 2006
The resources listed below are either fleet reduction or scheduled to be replaced in FY 2006/07
because they have reached their useful life cycle. We would like approval to dispose of these vehicles.
Unit #
Descrintion
Vin#
52
816
1988 Chevy Step Van
1997 Ford Taurus
1 GCHP32J8H3323194
IF ALP52U8V A20 1481
PWFile
~(
~
VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meetine: Dates in to City Clerk's Office
0 August I, 2006 July 17, 2006 (Noon.) 0
0 August 15, 2006 July 31,2006 (Noon) 0
0 September 6, 2006 August 14,2006 (Noon) ~
0 September 19, 2006 September 5, 2006 (Noon) 0
Requested City Commission Date Final Form Must be Turned
Meetimz Dates in to City Clerk's Office
October 3, 2006 September 18,2006 (Noon)
October 17,2006 October 2, 2006 (Noon)
November 8, 2006
October 16, 2006 (Noo~p
c:::>
November 6, 2006 (N~
;--:.--1
November 21, 2006
-.C'
V-i
NATURE OF
AGENDA ITEM
o AnnouncementslPresentations
o Administrative
o Consent Agenda
o Code Compliance & Legal Settlements
~ Public Hearing
o
o
o Legal
o Unfinished Business
o
City Manager's Report
New Business
-a
w
"
C'
-)z
'--q
~~g;
,:"-")>
("0
::r:
!"0
>J::)
RECOMMENDATION: Please maintain this request on the November 8, 2006 City Commission Agenda under
Public Hearing as being tabled to the November 21, 2006 meeting. Initial tabling is at the request from the applicant in
cOImection with public notification requirements. For fUrther details pertaining to the request, see attached Department
Memorandum No. 06-153.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Peninsula (SPTE 06-007)
Tom Yianilos
Waterbrook Development, LLC
2649 North Federal Highway
Request for a 6 month Site Plan Time Extension for site plan approval granted on July 5,
2005, to extend site plan approval from July 5, 2006 to January 5, 2007.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~~-
Develop
z U Assistant to City Manager
Planning anZ~"o; City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Peninsula@Boynton Beach\SPTE 06-OO7\Agenda Item Request Peninsula Beach SPTE 06-007 11-8-06.dot
C/f;{/
S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM. DOC
(r,v
j(
,
}-
VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
,,:.,...
Requested City Connnission Date Final Form Must be Turned
Meetine: Dates in to City Clerk's Office
Requested City Conunission
Meetine Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 August I, 2006
0 August 15, 2006
0 September 6, 2006
0 September 19, 2006
July 17,2006 (Noon.) 0 October 3, 2006
July 31, 2006 (Noon) [8J October] 7. 2006
August 14,2006 (Noon) 0 November 8, 2006
September 5, 2006 (Noon) 0 November 21, 2006
September 18, 2006 (Noon)
(::3
en
October 2, 2006 (Noon)O
CJ
--l
October 16, 2006 (Noon) f
C3
('')
C) =1
=i-<
-<0
_)-'1
:_:-CJ
1"
: ?::(
~,~
,~
_:"0
-71Z
-,,00
-.,.,
("J.>
["1
2
~
November 6, 2006 (No~
~
NATURE OF
AGENDA ITEM
o
o
o
o
[8J
AnnouncementsJPresentations
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
o
o
o
o
o
City Manager's Report i::;
New Business
Legal
Unfinished Business
RECOMMENDATION: Please maintain this request on the October 17, 2006 City Commission Agenda under
Public Hearing. The continuing tabling of this request of the applicant is necessary to remain on the City Commission
agenda, for date-certain tabling to the November 21, 2006 meeting, For further details pertaining to the request, see attached
Department Memorandum No. 06- ]53,
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Peninsula (SPTE 06-007)
Tom Yiani]os
Waterbrook Development, LLC
2649 North Federal Highway
Request for a 6 month Site Plan Time Extension for site plan approval granted on July 5,
2005, to extend site plan approval from July 5, 2006 to January 5, 2007.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~
~
. .
Devel
City Manager's Signature
Unt/
~ ~ M.I2..
/' Planning and Zom4 Director City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Peninsula@BoyntonBeaCh'SPTE06-007\Agenda Item Request Peninsula Beach SPTE 06-007 lO-17-06.dot
Assistant to City Manager
S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
".
f
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VIII.-PUBLlC HEARING
ITEM A.
'. r;,:-;'
0.V
('
"
"
,.~..,::
Requested City Commission Date Final Form Must be Turned Requested City COnmDssion Date Final Form Must be Turned
Meetim~ Dates in to City Clerk's Office Meetin2 Dates in to Citv Clerk's Office
0 August J, 2006 July 17.2006 (Noon.) ~ October- 3, 20Q6 September 18,2006 (Noon)
0 August 15, 2006 July 31. 2006 (Noon) 0 October 17. 2006 October 2, 2006 (Noon)
0 .. I, 0 November 8, 2006 October 16.2006 (Nom)
September 6, 2006 Augusi14,2006 (Noon)
0 September 19. 2006 September 5. 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATIJRE OF 0 Administrative 0 New BUSiness
AGENDA IlEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
~ Public Hearing 0
RECOMMENDATION:. '. . Plea~ plac" thisrequest on.1he Oct9ber 3, 2006 City connnission AgeIida1l1lder
"ublic Hearini. TheCOInn1llllity Redevel~tA~eIlC)'Boll1d, on Septemhert2, 2~,recollDJJended that 1he subject
:quest be tabled to.thC 'ne'xl CRA BoardmeetingWliich has been re-scheduIed for OCt~ber 25, 2006, This was at the request
of the applicant as necessary to notify a group of adjacent property owners originally excluded due to deficient postage. The
item should remain on 1he City Connnission agenda, for dafe..certain tabling to 1he November 21, 2006 meeting, to maintain
validity ofthe.Dl>tices. that were mailed successfo1ly. For further details pertaiDiOg t<i1he'request, see attached Department
Memorandum No. 06-153.
EXPLANATION:
PROJECf:
AGENT:
OWNERS:
LOCATION:
DESCRiPTION:
Peninsula (SPTE 06-007)
Tom Yianilos
Waterbrook Development, LLC
2649 North F~ Highway
Request f"ra 6 DII1Dtb Sjte Plan TinJe Extension for site plan approval granted on July 5,
2005, to extend site plan apProval from July 5, 2006 to January 5, 2007.
PROGRAM IMPACT: N/A
FlSCALIMPACf: N/A
. . ALTERNATIVES: N/A
'~~*~entDirector
City Manager's Signature
~t./ Assistant to City Manager
Planning and ~r City Attorney / Finance
S:lPlamring\SHAREDlWPlPROJECfSlPeninsula @Boynton Beacb\SP'l'E O6-OO7IAgenda Item Request Peninsula Beacb SPTE 06~007 I O~3-06.dot
S:IBUllETlN\FORMSlAGENDA ITEM REQUEST FORM.DOC
~ Ruden
."McClosky
222 LAKEVIEW A~UE'
.~
WEST PALM BEACH, Fl to:. .-- 1
)
(561) 638-4542
FA>< (561) 514-3442
KIM.GLASCASTRO@RUDEN.COM
September 12, 2006
I
Mike Rumpf, AICP
Planning & Zoning
Boynton Beach City Hall
100 E Boynton Beach Boulevard
Boynton Beach, FL 33435
.,~.
~
I
-'
lANlI.ING AND
~ ZONING DEPL
RE: Postponement of Time Extension Consideration for The Peninsula IPUD
Dear Mike:
On behalf of Waterbrook Development, LLC, we request a continuation of the hearings
scheduled for the September lib CRA bearing and October 3rd City Commission hearUig, as
several notices mailed to property owners within 400' were'returned due to insufficient po~ge
for Canadian addresses.
New notices have been forwarded to these property owners, in advance of the October
IOthe CRA meeting and Novemh,er 7th City Commission hearing.
We request that tonight's hearing be continued, date certain, to the October 10th CRA
meeting.
Sincerely,
RUDEN"McCLOSKY, SMTI1I,
SCHU TER &RUSSELL, P.A.
,
, .
WPB:268460:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, PA
CARACAS .. fT.lAUDfRDAlE .. MIAMI" NAPLES .. ORLANDO .. PORT ST. LUCIE" SARASOTA" S1. PfTtIltSlURC .. TAllAtl.'SSEl .. TAMP" .. WES-T PA.LM BEACH
TO:
lliRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 06-153
Chair and Members
Community Redevelopment Agency Board
'" i~ 'k--
Michael Rumpf,.,.-v
Director of Planning and Zoning
;r.;""_'. -0'
Kathleen Zeitler b7
Planner ~
September 5, 2006
The Peninsula at Boynton Beach (SPTE 06-007)
Site Plan Time Extension
De"elopedco~(jal property Wim'n.the T<>>vn of tlY~~1 ~nated.ReslcJ~tlal-
MuftlpleFamiJy (RH) laHd use ahd zoned CommerCIal Marine (CM);
Vacant property designated speq~J-l.lf!hDensity Residential (SHDR) and zoned Intill
Planned Unit Development (IPUD)" (tOittlcoming Casa del Mar Project);
Property OWner:
Applicitnt lAgent:
locatiOn:
aistidg L8nd. Use:
Existing Zoning:
PropOsed l.:ancf Use:
Proposed ZonIng:
Proposed Uses:
Acreage:
Adjacent uSes:
North:
. .
South:
East:
PROJECT DESCRIPTION
Waterbrook!:ievelopment, llC
Torn VIani/os with Watetbrook, Ine.
2649 North Federal,Hlghway (see LocatiQn Map--'. emiblt "A")
Special HIgh Density Residential (SH(.>R "- 2QqU/ac)
Intill Planned Unit Development (IPUD - 20 du/ac)
No change proposed
No change proposed
30 fee-simple townhouse units and 40 multi-family (COndominium) dwelling
units
3.51 acres (1.52,974 square feet)
Rlgnt..:of-way for the Intrac()astal Waterway; and
Right-of-way for U.S. 1 and then right"of-wayfQr AoridaEast Coast Railroad.
West:
Page 2
Memorandum No. PZ 06-153
The Peninsula SPTE 06-007
,
BACKGROUND
')
Mr. Tom Yianilos with Waterbrook, Ine. (ownerjdeveloper) is requesting a six (6)-month site plan time
extension for The Peninsula at Boynton Beach Site Plan Development Order (NWSP 05-013), which was
approved by the City Commission on July 5, 2005. The site plan approval is valid for one (1) year from the
date of approval. If this request for a six (6)-month time extension were approved, the expiration date of this
site plan, including concurrency certification would be extended to January 5,2007.
The subject property is located within the Federal Highway Corridor Community Redevelopment Plan Study
Area 1. According to the original site plan staff report, the proposed Peninsula at Boynton Beach is an Infill
Planned Unit Development approved for 30 fee-simple townhouse dwelling units and 40 multi-family
(condominium) dwelling units. The project has been approved for the followihg: a Land Use amendment
(WAR 05-004) from Local Retail Commercial (LRC) and High Density Residential (HDR) to Special High
Density Residential (SHDR - 20 dujac) classification, a Rezoning (WAR 05-004) from Community Commercial
(C-3) and Multi-Family Residential (R-3) to Infill Planned Unit Development (IPUD) zoning district, and a new
Site Plan (NWSP 05-013).
The entire project would be built in one (1) phase starting with the condominium building ( 40 units) followed
by towhhouses (30 units). The 70 units are proposed wi~in seven (7) sepwate buildings on the 3.51-acre
site (see Site Plan - Exhibit "B"). According to the flOOr plans, each towhhoUse building would have five (5)
units. Each unit proposed within the two (2) story townho!.i5ebuildjngs (Buildings 100 and 2llQ).\lVoul<!.have
3-bedrooms and private backyards that would be large enough to accommodate a small-sized sWimming 'pool.
The number of bedrooms proposed within each three (3)-stOry towllhotJ:;e bujl<!ing (Buildings 300 through
600) would range between two (2) bedrooms and four (4) bedrooms. Finally, the four (4) story condominium
with building with understory. parking would have a mix. of two. (2) and three (3) bedroom units. The
recreation area would be located at the eastern portion of the C1evelopmerit overlooking the Intracoastal
Waterway. It would include a 1,285 square foot cabana building and a swimming pool.
\
j
The design of the proposed buildings {clubhouse resemble a mixture betw~ a Spanish-Me<f~~ ~Ie
with its smooth stucco finish and S-tile roof, and a modern design with its decorative green Metropolis
shutters, decorative railings, multi-color awnings, and pre-cast d~orative columns and accents. Theexterlor
walls of the buildings would consist of the following colors: dark brown, brown, yellow, light yellow, and
cream.
Since approval of The Peninsula at Boynton Beach, the adjacent property to the south has been similarly
rezoned to IPUD for the Casa del Mar project which proposes a total of 42 to.wnhomes and 40 condominiums.
Both projects require a perimeter landscape bUffer along their common property line which includes the
requirement for a six (6) foot masonry wall within each buffer. The Casa del Mar project was approved with
a condition of approval which states as follows: "Staff recommends working with your neighbor to the north
(Peninsula) to utilize their perimeter wall rather than buil<!ing oJ)e il'Jlmepli'lteJYaroacent to it". These
forthcominlJ adjacent IPUD's will provide an opportunity for redeVelopment In a highly visible entrance
. corridor to the City.
.
ANALYSIS
According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department". Examples of building permits include
but are not limited to the following: Plumbing, elewical, mechanical, foundation, and structural. The
Regulations authorize the City CommlssiOh to approve site plan time extenslorls up to one (1) year, provided
that the applicant files the request prior to the expiration date of the development order. In this case, the
.., Page 3
" Memorandum No. PZ 06-153
The Peninsula SPTE 06-007
?' )plicant has met that requirement. The Planning & Zoning Division received the applicafit1ff fiji-time
",xtension on May 26, 2006, a total of 40 days prior to the expiration date of the new site plan.
The applicant states that the original plan called for town homes, but changed during the site plan process to
include condominiums as well. The design process started with an architectural firm that specializes in homes
and towrihomes, but after the addition of condominiums, a second architectural firm had to be retained for
the permit drawingsJor the condominium building. The applicant's justification statement explains that it
took them longer (from July, 2005 site plan approval to March, 2006 building application submittal) to
complete their working drawings for the 7 proposed buildings due to the addition of a second architectural
firm.
According to the justification submitted for the r~uested time extension, the applicant lists the following
accomplishments as demonstrating their "good faith'! efforts in securing a building permit for the project: (1)
purchased property in September) 2005; (2) relocated 21 mobile home residents; (3}obtained South AorIda
Water Mi;lnagement District permit (#5()-'07266 issued in February, 2006); (4) submitted for building permits
(site, tOc~nho~j.buil~il'l!;JS 1-6, condominium building, clubhouse); paid application fees for utility capadty
rese.rvatiOcns (~~t~rq~dsewer); and paid impact fees in the amount of $315,763.42. The applicant has
subrnittedfevis&f'6tli1alllgpermit drawings which are now undergoing a second review. The applicant
expe$,thatthe iS$uarlce't)f building permits is imminent, and requests a six (6) month site plan time
extension.' . .
A mOre form\llo;(~ii '<!'.o
requirelllen~;, ......ttt.e .
'?'ntoniBeaa:!, . '.
_view;jth~~;
Palm~a~\
meetSth~'rl'
the bullifiC1"
?-;?-,";' , ':':"': ,:'.-:
:- ':,;, "';::,,\:>,,>::,-,:,\t:';~,:,_,~,-:~/,, " , , , ,,' ",'
The site plan tlhie\~ri$ll!ifiis still subject to the original 47 conditions of site plan approval. lastly, no new
land. c!e.Ve.'QRroel'lt . . are now in place against which the project should be re~ed and modified.
As fot"ap~lita'tibh"\n Public Places ordinance, site plan approval occurred prior to adoption of
OrdinariCe 05"060.
.;evaluating requests for time extensions is cornpliance With (traffic) concurrency
'. ch County Traffic Division approved the traffic study for The Peninsula at
....~ on a total of 70 Proposed residential units. Based on the TrafficDivlsion's
'''ed that the project is located within the Coastal Residential Exception Area of
mptsresidentiaf units from traffic concurrency requirements, and the project
Standards of Palm Beach County. No building permits are to be issued after
SUMMARY/RECOMMENDATION
. Staff recp~roeJ'i~.~ ,this request for a siX (G)-month time extension of the site plan (NWSP 05-013)
for The~i~a:a~ '.': ' ch project. If this request for extenston were approved, the expiration of this
site p1i\%!!iCI,@j[l!,J~9 .:~~ Certification, would be extended to January 5, 2007. Staff is generally In favor
of theredtive~mente~nted by the approved site plan, which serves to promote the goals of the
Comm\:lnil,i~' . .' ,ncv and the Federal Highway Corridor Community Redevelopment Plan toWard
, 9rea~.. area and economic revitalization. The proposed Peninsula at Boynton Beach
prOj~~t . for redevelopment in a highly visible entrance corridor to the Oty, Increase
the\il'll~!6~ ' properties, and contribute to the overall economic development of the CIty.
In addliiori, is proposed at a scale and massing that will provide a transition Into the
downtdwifali! !variety of housing on site. If this request for site plan tlrne' extenSIon' is
. ~ 'rOVed, alloutstandin9cpnditions of. approvalfi"om the original site plan must stiR be satiSfactorily addressed
. .Ig tmll>pi/ding permit. process. Any addftlonal conditions recommended by the Board or Oty Commission
shall be d~nted accordingly in the Conditions of Approval (see ExhIbit "C"). ::"
,:.;
S:\PIannlnglSliAREb\wpIPROJECTS\Penlnsu/a @ Boynton Beach\SI"TE 06-007\Stalf Report.doc
...
1 in. = 181.0 feet
.'
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t.SI
tnl
EXHIBIT "A"
L-.
....
.~t.
....
1351
.,21
..s.
Location Map
--..-:;:.
EXHIBIT B
. .
....~
~
~ FEDERST A TE ROAD 5 ,',
~ (FD.o.r../W~~..~/GHWAY (u S )
"""-.lIO, ..1
....fDIAN . !HaJ.JOF 7!
-'- 164'3 N. FEol!
1-RUr.
"""'r
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~fln~O~. .....,; COLESTOCK 0. MUIR
. ..t "'1 !I: .: ~~2":!~.~~~~~~~
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-. . -.. . ~'-___.S> ___ .. lOt
........-. ,...,..,....(IN-...cN. ..
......- . .
-.-- . ......
EXHIBIT "C"
'.
Conditions of Approval
Project name: The Peninsula at Boynton Beach
File number: SPTE 06.007
Reference-
..
Dlf;PARTMENTS INCLUDE REJECT
. PUBLIC WO~ General
Comments: None X
PUnLICWORKS- Traffic
Comments: Non,e X
UTILITIES
Comments: None. , ',', X
. ;
, FIRE
'.
Comments:Nb!1e X
" < . POLICE
,
Comments: None . .. X
- '.
ENGINItERlNG nlvISION ,
Comments: None . X
. . . n.UILDING DIVISIOlll
: .( ,; ,< "~'~~".
Comment!i: Nope X
f~ "H .... .. -,...
'... . .J>ARKS AND RECREATION . ,
. . '.
Comments: NoPe . X
.,..."..... .
. . R- ...
Jt' l'E ~ NT ALIST .'
'I' ....
Comments: Ndnif!( X
PLANNING AND ZONING
Comments:
--~-_.-.-
"'0 Shl;lnbe subject to
L 'fht:~~ plan time extension all previous Conditions of X
AJlJ>.ro~l
Conditions of Approval
2
--,-~......;'--~<
DEPARTMENTS INCLUDE REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT
AGENCY BOARD CONDITIONS
...
Conunenls:
, .
None X
.
ADDITIONAL CITY COMMISSION CONDITIONS
Conunents:
To be determined.
S:\PJanning\SHARED\WP\PROJECTS\PeninsuJa\SPTE\COA.doc
. .
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Peninsula al Boynton Beach
~',,,,,"'
APPLICANT'S AGENT: Thomas Yianilos, Waterbrook, .Inc.
APPLICANT'S ADDRESS: 715 E. Hillsboro Boulevard, Deerfield Beach, Fl 33441
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
October 3, 2006
TYPE OF RELIEF SOUGHT: Request a six (6) month site plan time extension to construct 30 fee-
simple townhouse units and 40 condominium units on 3.51 acres in the IPUD zoning district
lOCATION OF PROPERTY: On the east side of U.S. 1, approximately 1,600 feet north of
Gateway Boulevard
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "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 Cleric
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
J:\SHRDA T AlPlanning\SHAREDlWPlPROJECTSlPeninsula@ Boynton Beach\SPTE 06-007\DO.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
)
September 12, 2006
Tom Pagnotta, Director of Operations for Southern Homes of Palm Beach V, LlC,
indicated they hoped to bring the A model units to the market in the high $2oos, and $350K for
the rest, subject to final site plan and architectural approvals.
;;v..
Motion
Ms. Heavilin moved to approve the request for new site plan approval for Baywalk's 40 town
house units on a 2.26-acre 'parcel in an IPUD zoning district. Ms. Horenburger seconded the
motion.
Mr. Myott asked to add, "subject to all conditions of approval" and Ms. Heavilin and Ms.
Horenburger agreed to the addition. The motion passed 7-0.
D. Site Plan Time Extension
1.
Project:
Agent:
Owner:
location:
Peninsula (SPTE 06-07)
Tom Vianilos
Waterbrook Development, llC
2649 North Federal Highway
Request for a six month Site Plan
Time Extension for site plan
approval granted on July 5, 2005, to
extend site plan approval from July
5, 2006 to January 5, 2007.
The board agreed to postpone this item to its October meeting at the agent's request.
VIII. Pulled Consent Agenda. Items
.:. Consent A nda Item VI-C A roval of the Minutes CRA Board Meetin
2006
Ms. Heavilin wished to make a correction on page 17, fourth paragraph down, where it said Ms.
Heavilin would continue to meet with the Oty Commission for information purposes. It should
have read that. Ms. Bright would continue to meet with the Oty Commission for informational
purposes.
Attorney Spillias noted on page 10 of the same minutes, last pqragraph, end of second line, it
read "while contracts were ongoing" and it should read "while contract negotiations were
ongoing."
. .
Ms. Horenburger referred to pqge 8 in the paragraph beginning, "The CRA was interested in
learning whether a market analysis..." and stated she had expressed interest. In .another
instance on pqge 9, it said the eRA expressed concern about school funding, and she had been
the one to express it. She was interested in the lack of attribution and the generalizing of these
statements and asked Attorney Spillias his opinion of what should be done. Mr. Spillias
responded that in some cases, the Recording Secretary might not have caught who asked the
question and it could also be that after an item was discussed, there appeared to be consensus
among the board. Mr. Spillias indicated the minutes should reflect as accurately as poSSible
10
....r........~..
. .
. .
, .
-
Requested City Commission
Meeti"!! Dates
0 August 1, 2006
0 August 15,2006
0 September 6, 2006
0 September 19, 2006
NATURE OF
AGENDA ITEM
VIII.-PUBLlC HEARING
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeti"!! Dates
Date Final Form Must be Turned
in to City Clerk's Office,
September 18, 2006 (Noon)
October 2, 2006 (Noon)
October 16, 2006 {Noon}
-~
July 17, 2006 (Noon.) 0 October 3, 2006
July 31.2006 (Noon) 0 October 17, 2006
August 14,2006 (Noon) [8J November 8, 2006
September 5. 2006 (Noon) 0 November 21, 2006
o
o
o
o
[8J
AnnouncementslPresentations
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Pnblic Hearing
C)
November 6. 2006 (Ntl~)
~~
N C)
--1 .r_--<-
o
o
[8J
o
o
City Manager's Report
New Business
Legal
UnfInished Business
:s
...Do
'''c.
,'=::>:;Z
-'1
-.,OJ
_1"'1
0::;:>
1"'10
::c
l';-?
.....
RECOMMENDATION: Please place this request on the November 8, 2006 City Commission Agenda under
Public Hearing and Legal, Ordinances-First Reading. This item should be tabled to the November 21, 2006 meeting to
coincide with changes made to the review process subsequent to publication of the original legal notice, which advertised the
Commission hearings to be November 8'" and November 21 ". The Planning & Development Board and Community
Redevelopment Agency Board reviewed this item on October 24'" and October 25"', respectively, and forwards it to you with
a recommendation for approval. This date~certain tabling will maintain the validity of the current legal notice for the subject
text changes to zoning regulations.
EXPLANATION:
PROJECT:
AGENT:
DESCRIPTION:
Mixed Use Zoning districts (CDRV 06-002)
City~initiated
Request for approval of proposed amendments to Chapter 2, Zoning, Section 6.F Mixed
use Zoning Districts for conversion of Mixed Use-Low (MU-L) to Mixed Use~Low I
(MU-Ll), amendment of Mixed Use-High (MU-H), and establislnnent of the Mixed Use-
Low 2 (MU-L2) and Mixed Use-Low 3 (MU-L3) zoning districts.
Note: The original document was forwarded for Commission review simultaneously with delivery to the Boards; however,
minor changes have subsequently been made, If a review of the fIrst document had been initiated, the modifIcations can be
viewed in the Height, Density, & Floor Ratio table and footnote #2 on page 15; the setback table and additional footnote #7
on page 16; item "c" and "c.2" on page 18; items 3(a), 3(b), and 3(c) on page 19; and item 16.f.3 on page 22,
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
City Manager's Signature
Assistant to City Manager
Planning and Zo irector City Attorney / Finance
S:\PlanningISHARED\WPISPECP OJ\CODE REVIEW\Mixed Use Districts 06-002\Agenda Item Request Mixed use zoning CDRV 06-002 11-8--06.dot
S,IBULLEllN\FORMSIAGENDA ITEM REQUEST FORM. DOC
EXHIBIT A
F. MIXED USE ZONING DISTRICTS.
I. 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 misceIl3lf.eous uses on assembled parcels
within the Community Redevelopment Area. All development and redevelopment shall require a site plan approval
to be processed concurrently with the application for rezoning.
The objectives of the mixed use zoning districts are as follows:
3. Support and enhance revitalization efforts in the city's traditional commercial core area;
b. Create majer Be\v resiaemial ana mined use areas Allow for commercial services to be orovided to new
residential develooments in planned locations with appropriate densities, heights, and mixtures of uses;
c. Create optimal pedestrian environments through 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 development area;
e. Create surrOlmding 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, inclnding goals in employment, population, transportation, housing,
public facilities, and environmental quality, Regulations for the planning areas are implemented through twe four
zoning districts: Mixed Use-High Intensity (MU-H), Mixed Use-Low Intensity llMU-LI). Mixed Use-Low
Intensity 2 lMU-L2). and Mixed Use-Low Intensity 31MU-L3). Pennitted uses and associated standards for
development vary between the zoning districts each reflecting the importance of the districfs 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 and oroximity to existine sinele familv zonine
districts.
A Mixed Use Low zonine district mav be located onlv on lands desil!Uated Mixed Use IMX) on the City of Bovnton
Beach Future Land Use Mao. The Mixed Use Hieh zonine district may be located only on lands desiguated Mixed
Use~Core (MX~C) on the City of Boyuton Beach Future Land Use Map
3. Subdistricts established.
a. MU-H (Mixed-Use-High Intensity) Zoning District.
(I) UjleR .lleplieR eftThe Mixed-Use Cere (l\lX C) laBIlliSe elassilioaliea, thiD Hieh Intensity lMU-Hl 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,
(3) The district allows a maximum height of one hundred-fifty (ISO) feet and a residential density of eighty (80)
dwelling units per acre, provided that all new developments within this district that front on streets desiguated as
"arterial" or "collector" roadways" on the Functional Classification of Roadways Map shall contain a mixture of
retail, office and/or residential uses arranged either vertically or horizontally. Sin2le-use projects frontine solelv on
other streets within this district shall reouire conditional use aDOroval.
b. MU-L (Mixed-Use-Low-Intensity) Zoning District~ Mixed Use-Low Intensitv I lMU-Ll). Mixed Use-Low
Intensity 2 IMU~L2). and Mixed Use-Low Intensity 3 lMU-L3).
October 9, 2006
(I) In order to complement the revitalization efforts in the city's commercial core, the MU-L Zoning Distric~ shall
only be applied to lands peripheral to the downtown area and classified as Mixed Use (MX) on the Future Land Use
Map.
(2) The MU-L Distric~ isare 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 forty (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 for develooments
abuttinl! the Mixed Use Hil!h zoninl! district. 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 front on streets designated as "arterial",
"collector", or "local collector" roadways" 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. 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 ''N,''
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.
TABLE 6F-l
SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES
G N
N G"
G 11
P 11
.1_1.."- N N
N N
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p IN
October 9, 2006
2
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October 9, 2006
4
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n.__ 0__'_
R.om.liea Nelos:
1. Musl b. an inlogral part ef a mHE.d usa d.y.lopmeBl .aH1f1rioiag . maJHmum ef 30 p.r..BI ef the greos Ilear ....a
ef the .mH. doy.lep_Bl.
2. Far these ,-Jith ReRlage ea an art.rial read, allewod as a pOfHliIl.d BS. ifth. grol1Rd la,'el Ilaer RoBling Ih.
morial io deyelod 10 elli.e er Fetailuses. Othorwise, us. is a ..aElitianaluse.
3. Voe shall b. suhje.11e the folle-;,-iRg ElislaB.. sepamliea r.~omeats Rem simil... us.s, m.asurod in a sll'aight
lin. BSiRg the sherteol Eliolaa.. b.l",eea pFOp.rty Ii".s:
For uses with less t1tR- 5 000 sEjIIIH'O feel eflleer area, 750 feol;
Fer Bses -;.m a gross Ileer ..... .'llIallo or grealer .L._ 5,0(J0 gres. .EjII.... foel, 1,500 feol.
4. ~uhj..lle s.tba.k and hu/foFiug r.EjIIirem.uts as Fo.o_."ded by the Te.lmi.al Rovi.w Cemmill...
5. MalHmum greGs sEjlllH'e foelage efstRIoture shall "oleK...d 2,50(J sEjllar. fo.1. ~Ierag. efpestal-/ohi.les
prehibil.d.
~. }.tust he integrates. iBte a eemmefsial aT mix.ea use de~:elepmeBt and Bet suseea 39 per--eeat sfthEl grass f.leer afea
efthe entire de~lelepmeBt, eonstru.eteel withffi the same s1niemre as the remaiBiBg eemmereial af mined we
Elevelepmem.
7. Gress Iloer area ef gro.ary slar. musl b. a minimum ef 15,000 s'lllar. fe.land a malHmum eOO,OOO sEjllara feol.
8. Oe aile drep e/fand piok up only.
Oclober 9, 2006
5
9. Driye th:u faeilily, in.lading staelEing laRes, must he soree"ed Rem pOOlie right ef way and reEjllires eoudilioaal
use oppre'/al. lagross/egreos shall nol be Remlte an artori.1 readway.
I O. ~hall eeH1f1ly "m pre.;isieas of Chopler 2, ~ee. II.L., pert.ining Ie relail vale ef gasoline er gaseliae prodaots.
II. Nel permillad en prep arty "lith Federal Higll'....ay FfeBlaga in Ihe Ml.' L Zone unless eellBislaBl with resmetion
nela number silt (e).
12.lndeer vler.ge/display shall nol exeeed 10,000 sEjlla.e foet.
13. In eonjuaotien with. poFHrilled marina use. ~Ie.age'display alle'Ned only in "'el deel," er indeer Belle e"aeed
10,000 s'lllore feet.
14. gee ~eolien 14 fer Fegulations.
15. ~ea ~eotien 15 fer r..gulations.
roNE
USE GROUPIUSE MU-Ll MU-L2 MU-LJ MU-H
Residential or Lodfrinf! Use Group
Bed and Breakfasl C C N N
Boutiaue Holel N N C C.
Holel N !:: !:: f
Home OcClltlation p p p p
Mobile Home N N N N
Molel N N N N
Residential. Single-Familv. Detached N N N N
Residential. Siru!le-Familv. Attached P p P P
Residential. Multi,Familv p P P P2/C2
Board and Romning House (exceot as orovided bv state law) N N N N
Accessorv Unil N N N N
Livc!work Unil p" p" p" p"
Community Facilities Use Group
College. University. Se",;nRry and accessory uses P p P N
Govemmenl Office/Civic Cenler/Librarv p p p p
Recreation. (outdoor) p p p N
Museum and accessory uses p p p p
House of W orshio p' p' p' pl~
Oclober 9, 2006
6
ZONE
USE GROUPIUSE MU-LI MU-L2 MU-L3 MU-H
Police or Fire-Rescue Station P P P P
Poslal Cenler (relail sales only) P' P' P' p5.'
Posl Office N N C C
Public Park P P P P
Publicly-owned Parking LoI or Garage (princioal use) P P p2 p2
Office Use Group'
'Nolencouraged as a frrsl-floor use in the MU-H Zone
Banks. Financial Institutions p' P' p6,9 p6,9
Medical or Dental Office or Clinic P P P P'
Physical Therapy Clinic P P P p'
Professional Business Office P P p P
Veterinarv Office or Clinic P P P p6
Sales and General Commercial Use Group'
'Where permitted within the MU-L Zone. only on lols fronting on maior arterial or conneclor roadways
Alcoholic Beyerage Package Slore p' p' p' P'
Ammunition or Firearm Sale or Rental (principal use) N N N N
Animal Boarding or Kennel (orincioal/accessorv use) c' C' N N
Animal Grooming P P P P'
Pel Sales p p p' P'
Antiaue SloreIFine Arts Antiaue Auction P P p' p'
Arts. Crafts. Hobby and Framing P P p' p'
Auction House N N N N
Anlomotiye Fuel Sales with/without Vehicle Service N N c".1O C6,1O
Automotiye Parts Sales p6,1 pl.6 pl,6 pl,6
Aulomotiye Reoairs(Minorl N CI,16 CI,16 N
Aulomotiye Sales with Display N N pl2 pl2
Bakerv. Retail/Soccialtv Foods! P p p' p'
Boat/Marine AccessorieslRentallBrokerage pI2,13 p12.13 p6,12.13 p6,12,13
Bookslore P p p' p'
Oclober 9, 2006
7
roNE
USE GROUPIUSE MU-Ll MU-L2 MU-LJ MU-H
Buildin2 SUDDlies or Malerials N N N N
Bus Terminal N N N C
Clothin2. Shoes or Accessories Boutiaue p' p' p' p'
Contractor's Office/EauiDmenl Stora2e N N N N
Coffee ShoD p p p' p'
Convenience Store p' p' p' p'
Cuslom Home Furnishin2s P p P P
Cvber-cafe p p p' p'
Dive ShoD and Instruction as Accessorv Use P P P P
Dru2 Store or PharmaCY p6.9.11 p6.9.II p6.9.11 pM
Grocerv Slore. SUDermarkel C' p' p'.' p'.'
Florisl ~ P p' p'
Hardware Slore p6.12 p6.12 p6,I2 p6.12
Health Food Slore p' p' p' p'
Home Imnrovement COllIers N N N N
JeweIrv. LU22a2e and Leather Goods p p p' p'
Lumber Yard N N N N
Marina pl2 pl2 p6,l2 p6.12
Marine Customizin2. Detailin2. Service. Parts or Renoir N C," C6.16 N
Newsstand p p' p' p'
Outdoor Green Markel (City snoDSored) N N N P
Outdoor Stora2e or Disolav as a DrinciDal use N N N N
Parkin2 Lots for Commercial Vehieles N N N N
Parkin2 Lol or Gara2e. Privale Ownershin (DrinciDal use) N N N N
Personal Walercraft Sales. Rental. Service. Parts or Ren.ir pl2 pl2 pl2 p'
Pholol!l1lDhic Studio and Pholol!l1lDhic SlIDDlies p p p' p'
Restaurant. with Drive- Thru p'.' p6,9 p'.' N
Restaurant. Sil-Down p p p p'
Oclober 9, 2006
8
WNE
USE GROUPIUSE MU-LI MU-L2 MU-L3 MU-H
Sporting Goods p' p' P' P'
Tobacco and Accessories P P P' P'
Trailer - Vehide or Marine- Sales. Rentals. Service. ROIlairs t:! !'! t:! t:!
and Storage
Video Renlal P P P' P'
WholesalelW arehouselDistribution N N N N
Service Use Group.
. Where ocrnlllled within the MU-L Zones. only on lots fronting on maior arterial roadways
Barbershoo/Beautv Salon/Day Soa P P P' P'
Dance Studio P P P P'
Dressmaker or Tailor P P P P'
Drv Cleaner p6,8 p6,S p6,8 eM
Fitness!Health Club P P P' P'
Funeral Home C C C N
Hosoital N N N N
Labor Pool Establishment N N N N
Laundromal p' p' P' N
Medical Outnatienl Facilitv P' P' P' P'
Nurserv. Preschool or Child Daycare P P P' P'
Nursing and Conyalescenl Home C C C N
Pholocooy Cenler P P P' P'
Self-Slorage or Mini Warehouse C6,15 C," C6,l5 N
Shoe ROIlaIT P' P' P' P'
Tattoo Parlor/Body Piercing N N N N
Soup KilchenlSubstance Abuse Cenlers!Shellers! Halfway t:! !'! !'! t:!
Houses
Entertainment Use Group *
.Where oermitted within the MU-L Zones. only on lots frontine on maior arterial or connector roadways
Adnlt Enlertainmenl N N N N
Oclober 9, 2006
9
roNE
USE GROUPfUSE MU-Ll MU-L2 MU-L3 MU-H
Bar. Cocktail Lounge C C C p.
Billiard ClublBowling Allev/lndoor Recreation Facility C C C C.
Bingo Hall N N N N
Fortune Teller N N N N
Movie Thealer N N p. p.
Nighl Club N C C C.
Performing Arts Thealer P P P P
Private Clubs. Lodges and Fralemal Organizations C C. C N
Accessorv Use
Drive- Thru Facility (other than accessory use 10 financial C' c' C' )'0[
institutions and restaurants)
..
Restriction Noles:
1. Must be Dart of a mixed-use develonment comorisine: a maximum 30 Dercen! of the lZTOSS floor area of the
entire develonment.
2.
For those wilh fronta!!e on an urban arterial or urban collector roadway. allowed as a oermilled use if the
lITound level floor frontin!! the roadway is devoled 10 office or retail uses: otherwise. use is a conditional
use.
3.
Use shall be subiecllo the followin!! distance senaration reouirements from similar uses. measured in a
strai!!hlline usin!! the shortesl distance between orooertv lines:
-For uses with less than 5.000 souare feel of floor are.. senaration distance is 750 feel:
-For uses wilh a lITOSS floor area eouallo or lITeater than 5.000 sauare feel. senaration distance is 1.500
feel.
4.
Subiecllo setback and bulferin!! reouirements as recommended by the Teclmical Advisory Review Team.
5.
Maximum lITOSS souare foota!!e shall nolexceed 2.500 souare feet. Slora!!e of DOstal vohicles orohibiled.
..
Must be inlelITaled inlo a mixed nse bnildin!! or develoomenl.
7.
Gross floor area of lITocerv slore musl be a minimum of 15.000 sauare feet and a maximum of 80.000
souare feel.
8.
On-sile droll-off and oick-uo only.
Drive-thru facility. includin!! stackin!! lanes. musl nol be visible from oublic rights-of-way and reauires
conditional use aooroval. InlITess/elITess shall nol be from/to and arterial roadway.
10.
See Section 16 for reRUlations.
II.
Nol oermilled on orooertv with Federal Hi!!hwav fronta!!e in the MU-L Districts unless consislenl with
restriction nole six (6),
October 9, 2006
10
12
Indoor slora~e/displaY only and shall nol exceed 10.000 SQuare feet.
13.
In coniunction with a permitted marina use. Stora~e/ display allowed only in wel docks or indoor area nol
10 exceed 10.000 souare feet.
14.
See Seclion 15 for regulations.
15.
See Section 14 for regulations.
16.
See Section 17 for regulations.
17.
See Section 18 for regulations
5. Building and site regulations.
, D ('OT C'T'7T: ..~ . =till H~illm~
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Oclober 9, 2006
II
[All Other Uses
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"l.fininram. height en any olreel ffeBlege is 35 foel.
>maludeo all hahitahla "paoe, in.lnding FosideBlial uaits (e"olading plH'kiRg slFuolureoj.
"l.fa"irnum heighl efffoBl fe.ade io 45 ft. ahe',e whi.h buiIA'~E musl slop heak a minimum 10 ft. for eaah
addilioaal50 ft. efheight.
"l.fay inaressele aheye 75 ft. end up Ie '100 ft., ",,"jeOlle aenElilienaluse appFayalle ensure design and land use
aeH1f1alihililies.
Multiple story builtliags Me ooeolHaged withiH the Federal Higlt'.',.ay Comdor Distriet,
paFtieularly alaag mORal mallY/ays. The iatent aftlris prayisiaa is to er-eate the appellFlllllJe, or to
simulate the inteasity of, a minimum of a two (2) Dtaf)' bailEiffig.
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Multiple slel'Y building. BFa enoe_ged ,,'ithin tho Federallligb.,:ay Ceffidel' Distriol, plll'lioulorly aleng arteriel
readways. The inteBl eftlris pre'/ision is Ie oFoala tho Bp]leara".,e, or Ie .IHlUlale the IB1ellB,l)' of, a mHHHlUH1 ef a
two slery hllilding.
I. Pe.ohes may he plaoe fOFwaF<l eftha hllild Ie line and shall maiBlain a minimum t",e fael salhaok Rem any puhlie
siae'l.'alk. Pel'€hes shall he plaoed eBlside ef olear sight mangle. Minimum selbaok fer a garage faemg er aoeessmg
tho SlFo.1 is 20 feal.
2. Pn>je.1ing foature(s), SHah as a',,'Bings, hal.enie., porehes and'er.sle.eps, may be ]llaead leFV:ard efthe bllild Ie
lina and shall maiBlain a minimum Iwe leal setbaok Rem any puhh. ..dawalk.
3. OBe af mere pfojeetmg feature's), sueD as a~:lBiBgs, baleeBies, eeleBBades, pareDes aBdle~ stoeps, required
far,,:ard ef the hllild Ie line and shall maintaiB a -'-'-Jffi Dye fa el olo_e Rom any '/ehi6l11ar use BFa:. Elome~s
preje.ling e'/er a pedosman "...U,way shall aile", a mininaum nino foel '/emoal olearanoe and a live fael effi30nla
padestrian olollrllBoe.
4. Where inteBl is Ie ',lid... ]ledeoman walkway in .eFOfllianoe ",ilh ~Eelien 9.(d) lallBooping (balew).
1. Plus ano aaditieaal feol for eaoh foel efheigbl evor 45 feel where adja.eBl Ie an ",<isliRg, singla family, detaohed
d',:elling, les. width efthe right efway.
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Oclober 9, 2006
13
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'VatefV:ay.
2. Plus ene addilioaal foel fer eash feel e[height eyer 45 feol Y/here ,,'ithin er abulliag the I\<IU L Zene.
3. Fifteen (15) fuel abBlling a stroet, len (10) feol abBlling an alley.
Oclober 9, 2006
14
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6. Rezoning of single-family residential zoning districts to mixed use zoning districts. All requesls for
rezoning from any single-family residential district to a mixed use zoning district shall be subject to Ihe
following additional requiremenls:
a. Height, density and inlensity of development based on the roadway fronlage;
b. Ratio oflol frontage to depth thaI is no more than one (I) fool (frontage) 101.25 fool (depth);
c. Vehicular access 10 the property localed 10 minimize impacls on adjacenl single-family developments and meel
safety standards; and
d. Landscape barriers provided, in accordance with the landscape regulations of this code, where the rezoned
property abuts single-family residential zmring.
7. Mixed uses.
a. Buildings containing residential and nonresidential uses are required within Ihe MU-H Zoning Districl for all
properties fronting on arterial roadways, pennitted and encouraged within the MU-L Zmring Districts. Mixed use
structures are subject to the same development standards as "all other uses."
b. Residential uses within mixed.use structures shall nol be localed on the ground floor, which sball be reserved for
nonresidential uses.
c. Nonresidential uses within mixed residential/nonresidential structures shall be evalualed for their compatibility
with residential uses localed on upper floors, and shall demonstrale compatibility based upon use type, construction
malerials, floor plan and site layout, and other faclors as delennined appropriale given Ihe type of use.
8. Building placement, massing and orientation. Structures fronting on arterial roadways wilhin the MU-H and
MU, L Zones shall occupy the entire width of the parcel they are localed upon, notwithstanding corner side selbacks
and clearance needed for a drive thaI may be required to access the rear of the property.
9. Access. Within the MU-H and Mu.!1-L zones, vehicular access to parking shall nol be directly from an arterial
roadway, if an allernative is available.
10. Landscaping and Desilm.
a. Landscaoinl! in the MU-H District.
(I) Trees. All new construction in the MU,H Districl shall provide shade trees in the streelscape.
(a) The trees selected shall be consislent with the established theme of the street, where appropriale. The City
Foresler will provide consultalion on appropriale species.
(b) Trunks shall be a minimum four (4)-inch caliper and provide seven (7) feel of vertical clearance for visibility.
(c) In instances where canopies of overhangs make il infeasible 10 planl trees, altemative means of providing
landscaping for the sidewalk shall be utilized.
(d) Upon inspection by the City Foresler, any trees found 10 be in declining condition shall be replaced wilhin thirty
(30) days.
(2) Tree spacing.
(a) Trees shall be regularly spaced. The spacing of the trees shall be ala minimum of20. 25 feel on center.
Oclober 9, 2006
17
(b) Spacing may be modified by faclors such as the placemenl of utilities, by property access points, sighllines al
comers or by comer conditions.
(c) Tree placement shall malch the existing pattern, where appropriate.
(d) Tree guards, fabricaled 10 city specifications, shall be placed adjacenllo the curb, where feasible.
(3) Tree irrigation.
(a) Irrilation syslems shall be installed 10 service all trees and other landscape materials.
(b) Irrigation syslems shall be in operable condition al all times.
(4) Sidewalks and lil!htin..
(a) All new construction in the MU-H Districl shall provide new sidewalks.
(b) Sidewalks construcled along arterial roadways shall be a minimum of len (10) feet wide, measured from the rear
of the curb.
(c) Sidewalks and li.htin. shall, where practical, be Ho IlRnd Stene 1'8'.'0/'5, FeJ/eh8FeB81 eB16, mio; 2 kJ' P8W"
Systems, ,ne., er eEjllaI, laid in a 4 ~ herringbeno pallem te aeBtinllo the consislent with the current design elements
in place along Federal Highway.
(5) Flower containers. To add color and soften sidewalk paving with planls, flower containers containing blooming
annuals or peremrials shall, where practical, be planted and maintained along facades of new building fronting on
arterial roadways in the MU,H District.
b. Desilm compatibility. Proposed proiects should conmIimenlexistin. or aooroved adiacent mixed use proiects in
lerms of heil!ht. color. s!vle massiru! and malcnals.
e. Maximum heil!ht and setbacks - Sky Exposure Plane
(I) No buildinl! shall exceed the maximum heil!ht limits or the Sky Exoosure Plane (S.E.P.) exccolas delineated
below in Section (3).
(2) All bwJdinps shall be buill within the S.E.P. based on the ratio of six vertical feel 10 one horizontal fool (610 n.
The base for delermininl! the sky exposure plane shall be from the buildinl! setback al base heil!ht for buildin.
fronts. and from the minimum buildin. setback for the side and rear elevations.
October 9, 2006
18
Exhibit 1: Sky Exposure Plane
ADJACENT 10 STREET
REAR AND SIDE
bh -Base~htatstreetkrtel
. . HortronliJltlmlnce
y - Veftkal distance
,.""""
OJ -Hortzontallistal'lCe
V . Vert:ltillldl5l:ance
s -Setback
(3) The followin2 shall be deemed as allowable exceotions 10 the maximum hei2hllimits and S.E.P reauirements:
(a) Balconies (unenclosed). canopies. trellises.landscapin2. and fla2s:
(b) Elevalor or stair bulkheads. rooftop eauipmenl and relaled screenin2:
(c) Uninhabited architectural elements:
(d) Parapel nol more than four feel hi2h.
11. Parking requirements. Parking requiremenls for both Ihe MU-H and MU-L zoning districts shall be as sel forth
by Chapler 2, Section II H, of the Land Developmenl Code. Chapler 2, Section III, shall apply only 10 the MU- H
zoning district. Structured parkin2 is preferred for all mixed use developments. and surface parkin2 lots for more
than 10 vehicles shall be prohibiled in MU-L3 and MU-H zonin. districls. In all Mixed Use zonin2 districts no
surface parkin2 lots shall be localed adiacenl to a public ri2hl-of-wav.
a. On-site parking facilities shall be localed 10 the rear or side of the structure they are inlended 10 serve and
screened from view from public streets, notwithstanding other provisions of these regulations thaI require a specific
residential aulomobile garage setback, and subsections 8.d. and 8.e. below, permitting underslory parking and
regnlaling parking garages. The inlenl of this provision is that parking facilities nol be prominenl, as viewed from
the street(s) thaI serve(s) as the main orientation for the principal building(s), in order 10 emphasize buildings and
pedestrian features and de-emphasize parking facililies. In order 10 beslachieve this objective, rear parking is
preferable 10 side yard parking. Access 10 parking shall be from side streets not serving as the principal structure's
main frontage, when possible, in order 10 minimize vehicle/pedestrian conflicts along sidewalks resnlting from
driveway crossings.
b. Mixed-use developments may utilize the following parking requirements based upon shared parking with
different hours of use. The lotal requiremenl for off-streel parking spaces shall be the highesl of the requiremenl of
the various uses compuled for the following five (5) separale time periods: weekdays (daytime, evening), weekends
(daytime, evening) and nighttime. For the purpose of calculating the requiremenl of the various uses for the various
separale time periods, the percenl of parking required shall be calcnlaled and simed bv a licensed traffic en2ineer
usin2 "Shared Parkin.. Second Edition ". U.L.1.. 2005. or other acceotable methodol02v.
Oclober 9, 2006
19
c. Freestanding parking garages as part of a mixed use developmcnl are permitted within the MU-H Zone only.
Within the MU-H Zone, free-standing single-use parking garages call not exceed seventy-five (75) feet in heighl,
and shall nol have direcl frontage on Ilernlen Ilea_h llouloyard, Ooean "."elll>e or Federal High',-:ay, anv public
street unless the portion of the garage abutting these streets contains slorefronts, restaurants or other permiltcd
nomesidential uses on the firsl floor. The intenl is 10 border or wrap the garage in slorefronts and other permiltcd
habitable floor area 10 a minimum depth of twenty (20) feel, so as 10 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 desigued 10 blend the archilecture of the garage with the remainder of the structure
10 create the illusion that the garage is habitable floor space.
d. Parking garages thaI are incorporated inlo 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. Underslory parking (on the first floor of a structure) is permitted throughout the MU-H and MU-L Zones for
multiple-floor buildings. Such firsl floor parking areas, abutting on arterial r-ead',,;ays anv public roadwav. are
required 10 be developed for commercial uses 10 a mininrum 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
articulaled facade designed 10 screen the parking area.
e. In order to increase the efficiency of parking provision and vehicle circnlation, parking facilities shall be
intcrconnecled whenever possible. Parking facilities shall, wherever feasible, be designed for future connection to an
adjoining parcel where an existing connection cannol be established.
U12. Dumpster loeation. Dwnpslers shall be adequalely screened from view in a manner compatible with the
surrounding environment.
U13. Cireulation. Developmenl sites with frontage on Federal Highway, Ocean Avenue and Boynton Beach
Boulevard shall be designed 10 discourage mid-block street crossings on these streets.
13. Signage. Chapter 21, Signa, of the Land Developmcnl Code shall govern signage within the Federal Highway
Corridor District.
l-! 14. Self-storage design requirements.
a. Location ofse1f-slorage use. Self-storage uses shall only be allowed above the firsl floor in mixed-use structure.
b. Gronnd-floor retail uses required. Streel frontages of the ground floor area shall be devoled to one or more
principal retail and office uses, not relaled 10 the self-slorage use, 10 a depth of alleasl twenty (20) feet.
c. Access 10 self-slorage facilities. Access 10 self-slorage use portion of the structure shall not be fromllo an arterial
roadway and musl be screened from public righl,of-way.
Oclober 9, 2006
20
d. Desigo of buildings. Buildings shall be designed to havelhe appearance of a multi-slory retail, office and/or
residential structure through Ihe use of windows, shutters, and appropriale building elements on Ihe upper floors.
1415. 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. Pennitted floor area. No more thBO thirty persoBl (30~q er feur huadred (400) seven hundred and fifty
(50)suuare feet, "/hiahe'/er is greater, of the live/work unil shall be reserved for living space, including kilchen,
bathroom, sleeping and slorage areas. The resl of the gross floor area of each unit shall be reserved BOd regolarly
used for working space.
c. Separation required. Each live/work unil shall be a separale unit from other uses in the building. Access 10 each
live/work unit shall be provided from corrunon access areas, conunon halls or corridors, or directly from the exterior
of the building.
d. Parking. Each live/work unil shall be provided alleasl two and one-half(2l>) parking spaces.
e. Pennitted work activity. The work activity in a building where live/work unils are allowed shall be BOY use
pennitted by righl in Ihe zoning districl, excepl thaI in order 10 protecl the health and safety of persons who reside in
a live/work unit, no work activity shall be pennitted thaI by virtue of size, inlensity, number of employees or the
nature of the operation, has Ihe pOlentiallo creale significanl impacts by reason of dust, glare, heal, noise, noxious
gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of malerials, process, producl
or wastes.
f. Occupational license required. At least one residenl of an individual live/work unit shall maintain a currenl
occupational license for a business localed in thaI unil.
g. No separate sale or rental of portions of unit. No portion of a live/work unil may be separalely renled 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 ofunils. No live/work unil shall singly be chBOged to exclusively commercial or exclusively
residential use. No conversion of all live/work unils 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 pennitted where the live portion of Ihe units is the only residential use in a project.
16. Automotive Service Station rcqnlrements.
a. Location. Must be a Dart of a mixed,use develoomenllocaled al the intersections of roadwavs consistine of four
lanes or more that are classified as an "arterial" or "collector" roadway on the City's adonted Roadwav
Classification MaD.
b. Access. Onlvone access drivewav is allowed from each maior street frontaee. Drivewavs shall be localed a
mininmm of 50 feet from the intersection unless county or state standards reauire a !!feater distance.
c. Selbacks. Buildine selbacks shall meel those reuuired bv the zonine districl.
d. CanaDY location. CanaDY structure over the fuel nwnns shall be located either to the side or rear of the sales
office buildine.
e. Slorage. No outside sloraee of materials. Darts. BOd no overni2h1 sloraee of vehicles oulside
f. Accessory Uses.
Oclober 9, 2006
21
I. Shall reQuire a conditional use aooroval.
2. Mav include vehicle washine (tunnel car wash) and minor rooairs limited 10 servicine and installation of
tires. batteries and accessories. lubrication and oil chanees.
3. Hours of oocration - 7 a.m. 10 7 o.m.. Mondav throueh Fridav and 7 a.m. 10 12 noon on Saturday. No
Sunday ooeration of accessorY uses. This restriction does not aoolv to the sale of convenience items.
e. Overhead doors. Overhead doors shall not be visible from any maior roadway frontaee.
17. Aulomotive Reo.irs (Minor) reQuirements.
a. Location. Shall be a Dart of a mixed-use develoomenl
b. Access. Shall nol be directly from any maior roadway
c. Sloraee. No outside sloraee of materials. Darts. and no overniehl sloraee of vehicles outside.
d. Overhead doors. Overhead doors shall nol be visible from any maior roadwav frontaee.
18. Slreel Vendors relwl.tions.
a. LicensinS!.
1. All slreel vendors shall obtain a license from the City's Occuoational Licensine Division and shall
disolav same al all limes when conductine business within the city.
2. Said license shall reQuire aooroval of vendine station desien.
3. Licenses mav be revoked followine five (5) valid comolaints aeainsl the business.
b. Location.
1. Street vendors oueratin!! on nrivate Dro-oertv shall reauire anoro-val from the Dronerty owner.
2. Slreet vendors ooeratine within the oublic riehl-of-wav shall not conducl business from a location
within inlersection crosswalks. block or obs1rucl access 10 handicao curb-cuts. or obs1rucl oedestrian oassaee on the
sidewalks al anv lime.
c. Wasle removal. Each Slreel vendor shall orovide waste disoosal containers. and shall remove all debris crealed by
hislher business daily.
M19. Definitions. Tbe following are supplemental definitions applicable only 10 the mixed use zoning districts, and,
therefore, in case of conflict, take precedence over definitions in other portions of the code.
Accessory apartment. A habitable living uniladded 10 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 percenl (25%) of the total floor area of a single-family dwelling, and shall in no case be more than seven
hundred fifty (750) square feet.
Antique shops or Auction house. Any premises used for the retail sale, trading or auction of articles of which eighty
percenl (80%) are over fifty (50) years old or have collectible value. Antique shop or Auction house docs nol include
"secondhand store" or auction of used merchandise.
Automotive Revairs (Minor). ProvidinlZ {enlacement or leaans to automotive tires. batteries. accessories. Includes
lubricalion. oil chanees. rooairs 10 air conditioning. non-engine and exhaust related service and reoairs. bul nol
October 9, 2006
22
inc1udine: ene:ine overhaul and/or replacement of internal Darts of emrines. body and fender work. oaintine: and
customizine:.
Child care facility. An eSlablislnnenl thaI provides care, prolection and supervision for children on a regular basis
away from their primary residence for less than twenty-four (24) hours per day. The lerm does nol include facilities
operaled in conjunction wilh an employmenl use or other principal activity, where children are cared for while
parents or custodians are occupied on the premises or in the innnediate vicinity.
Coffee house. An informal cafe or restauranl primarily offering coffee, tea, and other non-alcoholic beverages, and
where lighl refreslnnents and limiled 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 objecls buill 10 a buyer's specifications.
Cyber cafe. A coffee house Ihal provides patrons wilh compuler lerminals for browsing the Internet for a fee.
Day spa. Spa facilities thaI have no ovemighl accommodations, bul offer (an array of spa treatments administered by
licensed and certified spa lechnicians) beauty, wellness and relaxation programs thaI may last from a few minules up
10 a full day.
Fitness/health club. A commercial recreation and enlertainmenl facility or privale club which has as a principal use
a gymnasium, swimming pool or other sports facility and which may offer massages, whirlpool baths, sleam 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, cryslal balls, tarol cards, or examining tea leaves.
Halfivay house. A residential facility used 10 house individuals being transitioned from penal or other institutional
cuslody back inlo Ihe larger society.
Hotel. A building or portion thereof conlaining W/Onty (20) fifty (50) or more guest rooms, efficiency units or suiles
designed for the lemporary lodging oflransienl gnests renled 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 10 the gnesl quarters shall be through an inside lobby and corridors or from an
exterior court which is within a secured area.
Hotel, boutique. A small luxury holel containing len (10) 10 twenty (20) fifty (50) guesl rooms. Meal service is
usually breakfasl only, bul in some inslances high-quality dinner and/or lunch service and room service may also be
provided.
Hotel, extended stay. Any all-suile holel thaI provides visilors with a full kilchen and more than five percenl (5%) of
its rooms are occupied for alleasl thirty (30) days and no more than one hundred and eighty (180) days.
Landscaped area. Open space area nol occupied by any structures or impervious surfaces, and landscaped with
vegetative malerial and ground covers pursuant 10 the Boynlon Beach Landscape Code.
Listed Historic Structures. Includes all struClures lisled as eligible for designalion in "The Citv of Bovnton Beach
Historic Sites Survev" as DreDared by Research Atlantica. Inc. Sentember 1996. or anv subseauenl uudales 10 thaI
studv. In the Mixed Use zoning districts. the structure may function as ils inlended use or be adaDted 10 other
allowed uses. Drovided the exlerior of the structure maintains its orilrinal architectural intemtv. notwithstanding any
modifications necessary 10 meet the reauiremenls of the Americans with Disabilities Act (ADA).
Live/work unit. A commercial unil with incidental residential accommodations occupying one (I) or more sleeping
Oclober 9, 2006
23
rooms or floors in a building primarily designed and used for commercial occupancy and providing:
I. Adequale working space reserved for commercial use and regularly used for snch pwpose by one (I) or more
persons residing in the unit; and
2. Living space conlaining, bul nollimiled 10, a sleeping area, food preparation area with reasonable work space and
a full bathroom.
Medical outpatient facility. An establishmenl where patients who are nollodged overnigbl, bul are admitted for
examinalion and treatmenl by a group of physicians, denlists, or other health care professionals.
Mixed use development. A eemhinalien ef twe (2) er _Fa ""e_ en a siRgle par601, IFact er doyelepmoBl ped. ln the
Mi"ed Use High IBlonsity Zelling Dismal, thi_ _hall oensiol ef a otRIoture er _e..es ef stRIomes oentr'-'~g FOlail
efti6e and Fosidentialuses aFFllngod -,ertioally. ln the Mi"ed Use lew Intensity and guhUFban Mind D_e Zening
Dimols, mi,,"d uoe oan refer nel enly to uses within single buildiRg_, hBlle ElilfoFoBluses am,ed in olese pFOJ<imity
in a single E1"'/olupment. The develonmenl of a siDlzIe buildine or sinl!le narcel to contain two or more of the
followine tvnes of uses: residential. retail/commercial. office or institutional. Mixed uses may be combined
vertically within the same buildine or nlaced side bv side on the same narcel. nrovided thaI thev are in close
nroximity. nlanned as a unified and conrolementarv whole and functionally inle=led 10 make the use of shared
vehicular and nedestrian access and narkine areas.
Motel. A building or group of buildings desigued 10 provide sleeping accommodations for transient or ovemigbl
guests. Each building shall contain a minimwn often (IO) residential units or rooms, which generally have direcl
access 10 a parking 101, street, drive, court, patio, etc.
Newsstand. A stall, booth or slore where newspapers and magazines are sold.
Nil!ht Club. A facility oneraled as a commercial establishmenl in which eatine and/or drinkine takes nlace. where
alcoholic beveraees are served and where the nrovision of enlertainmenl is the nrimarv activity. Enlertainmenl
includes music bv a live musician or musicians. or any mechanical electronic. or other means such as records.
laserdiscs. audio. video. or other audio or audio-visual means. Includine actine. nlav nerformances. dancine. sone
and dance acts narticipated in bv one or more enmlovees. lIDests. customers or other DersOD or oersons An
establishmenl that nrovides backlITound music. which is clearlv incidental and allows for nonnal conversations
levels. shall nol be considered a uiehl club.
Package liquor store. An establishmenl where alcoholic beverages are dispensed or sold in sealed containers for
consumption off the premises.
Private Clubs. Lodl!es and Fraternal Orl!anizations. A facility used 10 house a rel!istered non-nrofil or nOI,for-nrofit
social. snorts or fralemal oreanization for the nrimarv nuroose ofhavine nrivale meetines for their membershin. and
may include the servine of meals and/or alcoholic beveraees for the exclusive use of the members and their l!Uests.
and where access to the eeneral Dublic is restricled.
Recreation and entertainment, indoor. .'\B estahlishmeBl elfering re6reation and aBlertainmeBI te the general pOOHo
within an enolesed huildiRg. An enclosed buildine which is nrincinallv used for eamcs and other recreational
puroosed. and which is oDeraled on a for Drofit basis. Such uses include movie thealers, bowling alleys, skating
rinks, pool and billiard halls, game arcades (pinball. compuler), fituess centers, dance studios, court sports and
swimming pools.
Recreation and entertainment. outdoor. An outdoor area which is orincioalIv used for active or oassive recreation.
and which is oDerated on a for nrofil basis. Such uses include leunis cenlers and swinuninenools.
Residential, multi-family. A building containing three (3) or more dwelling units thaI cannol be classified as single-
family attached.
Residential, single-family, attached. Two (2) or more one-family dwellings attached by connnon vertical firewalls,
Oclober 9, 2006
24
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 lownhomes.
Shelter. A facility, which is nol a holel or mole!, used primarily for providing free or very low-cosl short-Ierm
lodging for individuals wbo would otherwise be homeless.
Skv Exoosure Plane. A "skv eXDosure DIane" is an imal!inarv inclined DIane bel!innimr at maximwn frontal!e height
and rising al a ratio of vertical dislance 10 horizonlal dislance as sel forth in the Mixed Use zoning regulations
Soup kitchen. A facility providing free or very low-cosl meals or distributing free or very low-cosl, pre-packaged
foodstuffs 10 the public as part of a charitable activity, program or organization.
Substance abuse center. A facility used primarily for the trealmenl of individuals for alcohol or drug abuse.
Theater. A building or ouldoor SImClure expressly designed for the presentation of plays, operas, music concerts,
motion pictures, etc.
October 9, 2006
25
/\
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORha
IX. - CITY MANAGER'S
REPORT
ITEM A
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meetint! Dates in to Citv Clerk's Office
0 August 1,2006 July 17, 2006 (Noon.) 0 October 3, 2006 September 18, 2006 (Noon)
0 August 15,2006 July 31. 2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) ~ November 8, 2006 October 16,2006 (Noon)
0 September 19, 2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
0 AnnouncementslPresentations [gI City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consenl Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Accepl report from Ihe Development Departmenl providing a schedule of all developmenl fees and
when paymenl is due .
EXPLANATION: AI the requesl ofa member of the Cily Commission, the Departmenl of Developmenl has compiled a
schedule of all polenlial developmenl fees which may applicable with associaled timing of required payment.
PROGRAM IMPACT: Informalional
FISCAL IMPACT: None.
AL TERNA TIVES:
,I /? ,I "-
Jd2:::s Signature
Assislanllo City Manager CM-/
Development
Departmenl Name
City Attorney I Finance
S,IBUil.E1lN\FORMSIAGENDA ITEM REQUEST FORM.DOC
The Development Process and Associated Fees
((7
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The Planning & Zoning division is where most development efforts begin. Developers
file an application for Site Plan or Master Site Plan for technical review. Depending on
the size and location of the site, flat rate fees range from $500 up to $1,500.
If the property was not in the City limits, annexation of the parcel(s) is required. An
application flat rate fee ranging from $500 to $1,000, determined by acreage, is due
upon filing. Annexation can be filed in advance or concurrent with the site or master
plan.
If the Land Use of the parcel(s) needs to be changed, Planning determines whether the
change constitutes a large or small scale amendment to the Comprehensive Plan, and
the applicant is charged a flat rate fee determined by acreage, of either $750 or $1,750,
upon application, with an additional $500 due at time of transmittal to DCA. Land use
amendment if filed in advance of or concurrent with a master plan.
If the parcel needs to be re-zoned, the applicant is charged a flat rate fee determined by
acreage and type of district, ranging from $750 to $1,750. If additional reviews are
required for Planned Development Districts, the additional reviews are based on the
actual hourly wage of the staff conducting the review, plus 35%. Re-zoning is filed in
advance of or concurrent with the site plan.
If the project requires a height exception, the applicant is charged $250 upon application.
Height exceptions can be filed with the site plan, or after submission of the site plan.
If the project required variance, the applicant is charged a flat fee of $400 for the first
variance, and $100 for each additional variance, upon application. Request for variance
can be filed with the site plan, or after submission of the site plan.
If during review of the project, the developer elects to petition the Engineering
Department for either and administrative or sidewalk waiver, a flat fee of $200 for
administrative waiver or $100 for sidewalk waiver would be charged upon receipt of the
request.
The Engineering Department is the next stop for most projects. Once City Commission
has approved the project, it moves forward into the Plat process. Review of the plat is a
flat fee of $3,000 due upon submission of the plat.
Once the plat has been approved by City Commission and signed off by the City
Engineer, the project is issued a Land Development Permit, with a fee of 1.6% of cost of
improvements due at time of issuance.
A surety guaranteeing required improvements, in amount determined by the City
Engineer, is held for one year after acceptance of the improvements by the City
Commission. Required improvements may be constituted by any combination of utility
infrastructure, rights-of-way, sidewalks, public space, parks, easements, etc., as shown
on the plat.
Development Process and Associated Fees
Page 2
The following fees can be paid at any time following City Commission approval of the
project, but must be paid prior to or at the time of issuance of the first building permit for
the project:
Water/Sewer capital facilities and Capacity Reservation fees - are calculated based
on the type of use/number of bedrooms as detailed in Chapter 26, of the City's Code of
Ordinances.
Park and Recreation facilities impact fee - a flat rate fee per residential unit, based on
type of unit. $940 for a single family detached home; $771 for a townhouse unit; $656 for
a multi-family/condo unit. Developers have the option of land donation in lieu of fee.
Palm Beach County Road Impact fee - This fee is based on the County's schedule,
published 1/12/2006. The City maintains a record of all road impact fees paid by parcel
and tracks credits due based on past payments.
Palm Beach County School Impact fee - This fee is based on the County's schedule,
published 1/12/2006.
Palm Beach County Park Impact fee - This fee is based on the County's schedule,
published 1/12/2006.
Palm Beach County Public Building Impact fee - This fee is based on the County's
schedule, publiShed 1/12/2006.
The Building division charges a 2% fee based on the value of construction. This fee
covers plan review and field inspection through to Certificate of Occupancy. 30% of the
2% fee is collected up front, at permit application. The balance of 70% of the 2% fee is
paid at the time the permit is issued.
There are a variety of other fees which may be applicable during permit review, which
would be collected at time of permit issuance. Those fees are:
Change of Contractor - $35 flat fee
Revision to plans - for residential plans the fee consists of $30 application plus
either 2% of revised value or $10 per page. For commercial plans, the fee is $50
application plus either 2% of revised value or $10 per page, whichever is greater.
Overtime plan review - $40 per hour
Permit Application time extension - $50 for 1st extension; $75 for 2nd extension;
$100 for 3'd extension
Plan review re-submittal fee (for repeated failure to address review comments) _
No charge for 1st occurrence; 10% of the original permit fee, min $50 for each
additional occurrence.
The Fire Department also charges additional fees for a variety of plan reviews
that are collected at time of permit issuance. Fees are assessed in
accordance with Chapter 9, Art. II.
10/212006
Development Process and Associated Fees
Page 3
Art in Public Places - This fee is normally paid at time of permit issuance, which is
when the most accurate construction value is available. The fee is calculated at 1 % of
the value of construction, with 30% allocated for administrative costs and the balance of
70% held in surety until completion of the art project, or returned to the City as payment
in lieu of art.
State of Florida Radon fee is calculated at the rate of .005 per sq ft. of building, due at
time of permit issuance
The State Building Code Administrators and Inspectors Fund fee is calculated at
the rate of .005 per sq ft. of building due at time of permit issuance
There are a variety of other fees which may be applicable after permit issuance, which
would be collected at time of occurrence, prior to Certificate of Occupancy. Those fees
are:
Change of Contractor - $35 flat fee
Revision to plans - for residential plans the fee consists of $30 application plus
either 2% of revised value or $10 per page. For commercial plans, the fee is
$50 application plus either 2% of revised value or $10 per page, whichever is
greater.
Permit time extension - $50 for 1st extension; $75 for 2nd extension; $100 for 3'"
extension
Early power release - flat rate of $150 per occurrence
Red-tag re-inspection fee for failure to pass inspection - flat rate of $35 per
occurrence
Inventory stocking permit fee - flat rate of $200
Temporary Certificate of Completion - $225 plus surety of 110% of the value of
uncompleted work, which is returned upon issuance of a Certificate of
Completion.
Temporary Certificate of Occupancy $ 450 plus surety of 110% of the value of
uncompleted work, which is returned upon issuance of a Certificate of
Occupancy.
Fire Department Interim Fire Assessment fee is paid at time of Certificate of
Occupancy, and is prorated based on the schedule as adopted by City Commission.
10/2/2006
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801-1,399 506.72 0.00 112.94 1.931.26 2,.sso.92
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150,000-199,999 000 0.00 115,43 0.00 ,,5.43
200,000-399,999 0.00 000 IlJ,91 000 113.91
Medir.IB..ildin......rl'OOO.o ft.
MediCllIOffice 0.00 000 184,12 000 1S4.J2
Hospitals 000 000 157,95 000 157,95
NLlrsingHom~ 000 000 19,58 0.00 '''''
Indu.trial B..ild...... n.... I 000.0 ft
Warehouse 000 0.00 23,59 0.00 ".59
General IndLlslTial 0.00 0.00 48.69 0.00 .....
Non-RP.lidenti.llJsn
ChLlrchlSyna80gueper 1,000 sq. ft 0,00 000 4O,lJ 0.00 40.13
Convenience Slore per I,OOOsq. ft 000 0.00 509.20 0.00 ...~.
Day Car~Centcn per 1,000 sq. ft 000 0.00 198.18 0.00 198.18
Drive-In Bank per 1,0005q,I\. 0.00 0.00 252.81 0.00 252.111
Fast Food Reslawantper 1.0005q, I\. 0.00 0.00 400.16 0.00 400.16
'urnovo:..- Sit-Down Reslaurant per 1,000 sq. f'I 0.00 0.00 263,08 000 163.'"
Mini-Warehouse per 1,000 sq. ft 000 0.00 10.50 0.00 10.50
Movien.eaterper Se.t 0.00 000 7.14 000 7.14
New Car Sales per 1,000 sq. ft 0.00 000 108,94 0.00 101,94
:wmacy with DriveThru per 1,000 sq, ft 0.00 000 218.31 0.00 21UI
Quality RestaLlfllllt per 1,000 sq. ft 000 0.00 241,35 000 241.35
Racquet Club per Coon 000 000 168.44 000 ,.....
Ref.lliI......l 000'0 ft
50,000 & Under 0.00 0.00 222,31 0.00 111.31
50.001_99,999 0.00 000 216.69 0.00 216.69
100,000 _ 199,999 000 0.00 214,52 000 114.51
200,000-299,999 0.00 0.00 235.51 0.00 "'-',
300,000-399,999 000 0.00 237.57 000 137.57
400,000-499,999 0.00 0.00 239.94 000 139,94
Service Station per fueling posilion 0.00 0.00 55.82 0.00 55.11
PortiOll of Fee CalC1lI.kd by Type of Residential Developmen.
Sau.re rootl2~of Non-ResidlNl.ia1 ~eIODmul
Deacripnon
ReridmtUlllnik
Single Family [)(:tached(per lUlit)
Sin8IeFamilyAttached{perunit)
Muhi-Family(perunit)
Mobile Home (per unit)
HOlellMotel(perroom)
I'iI1!k!w
L_ En[P.trol
0.00 0.00
000 0.00
0.00 0.00
000 0.00
000 000
0.00 000
0.00 0.00
0.00 000
0.00 000
000 000
000 0.00
0.00 000
000 0.00
000 000
0.00 0.00
0.00 000
0.00 000
000 000
0.00 000
0.00 0.00
0.00 000
0.00 0.00
000 000
0.00 0.00
000 000
NOD-R""id....tj.l....rIOOOso ft
Gener.1 om~~
50,000& Under
50,001-99.999
100,000-149.999
150,000-199,999
200.000-399,999
400,000 &: Over
Medi...IBuildin... IJerl 00050 rt.
Medical Office
Hospitals
Nursing Home
lndllltrialBuildiDP50Ul 000 So fl.
Warehouse
General Industrial
Non-Reoiden.ialU5ea....rIOOOSD.ft
ChLlrcWSynagogue
Day Care Centers
Rd.il......IOOO.o rl.
50,OOO&Ulld~r
50,001_99,999
100,000" 199,999
200,000-499.999
500.000-999,999
1,000,000&0...01'
ServiceStafion per fueling position
T....
0."
'.00
....
'.00
....
'.00
...
0.00
....
0.00
'.00
....
'.00
....
0.00
....
....
'.00
0."
0.00
....
0.00
....
'.00
....
Palm Buch County, Florida
Fair Share Contribution
For Road Improvements Fee Table
Effective: January 12, 2006@5:00 p.m,
Duuiptions
Residential Units, (per Unit)
Single Family Detached (per unit)
Single Family Attached (per unit)
Accessory Apartment (per unit)
Congregate Living Facility (per unit)
Mobile Home (per unit)
Non-Residential per 1,000 sq. It
General Office
10,000 sq. ft. & Under
50,000 sq_ ft.
100,000 sq. ft.
] 50,000 sq_ ft.
200,000 sq. ft.
400,000 sq_ ft.
500,000 sq. ft.
600,000 sq ft.
700,000 sq. ft.
800,000 sq. ft. & Over
MedicaJ Office
General CommerCial Retail (per 1,000 sq. Il).
10,000 sq. ft. & Under
50,000 sq. ft.
100,000 sq. ft.
200,000 sq. ft.
300,000 sq. ft.
400,000 sq. ft.
500,000 sq. ft.
600,000 sq. ft.
800,000 sq. ft
Other Land Usu
Automotive Repair Shop, per 1,000 sq. ft.
Car Wash, per Bay
Carpet Store, per 1,000 sq. ft.
Cemetery, per Acre
Church/Synagogue, per 1,000 sq. it
Convenience Store, per 1,000 sq. ft.
Day Care Center, per 1,000 sq. ft.
Drive. In Bank, per 1,000 sq. ft.
Fast Food wlDrive Thru, per 1,000 sq. ft
Funeral Home, per 1,000 sq. ft.
Furniture Store, per 1,000 sq. ft.
Gas Station, per Fueling Position
General Industrial, per 1,000 sq. ft.
General Recreation, per 1,000 sq. ft.
High Turnover Sit Down Restaurant, per 1,000 sq, ft.
Hospital, per J ,000 sq. ft.
Hotel, per Room
Mini Warehouse, per 1,000 sq. ft.
Motel, per Room
Movie Theater, per Seat
New Car SaJes, per 1,000 sq_ ft.
Nursing Home. per 1,000 sq_ ft.
Oil & Lube Shop. per Bay
Quality Restaurant, per 1,000 sq ft
Racquet Club, per Court
Stand.Alone Pharmacy with Drive Thru, per 1,000 sq. ft.
Veterinary Clinic, per 1.000 sq. ft.
Warehouse, per 1,000 sq. ft.
Road
Impact Fee
$4,821.56
$3,375.09
$1,928.64
$1,036.34
$2,410.78
3,450.66
2,380.32
2,026.10
1,844.41
1,725.33
1,468.82
1,395.53
1,337.51
1,290.10
1,250.48
5,516.43
13,734.15
7,858.11
6,255.99
5,080.75
4,559.07
4,268.18
4,076.24
3,953.14
3,801.97
3,792.99
13,339.76
956.29
760.21
1,464.15
23,721.76
8,916.99
23,017.07
21,927.33
2,025.07
813.24
5,418.15
1,064.20
2,754.74
17,805.86
2,562.02
1,361.93
381.71
1,464.16
282.86
S,725.60
567.98
9,643.20
12,288.15
6,509.11
4,469.S9
5,271.62
7S7.31
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX.-CITY MANAGER'S
REPORT
ITEM B.
Requested City Commission Date Final Fann Must be Turned Requested City Commission Date Final Fann Must be Turned
Meetine: Dates in to Citv Clerk's Office Meetinl!. Dates in to City Clerk's Office
D August 1,2006 July 17.2006 (Noon) D October 3, 2006 September 18, 2006 (Noon)
D August] 5, 2006 July 31, 2006 (Noon) D October I 7, 2006 October 2, 2006 (Noon)
D September 6. 2006 August 14,2006 (Noon) [gJ November 8, 2006 October 16, 2006 (Noon)
D September 19,2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon)
D Announcements/Presentations [gJ Ciiy Manager's Report
NA TURE OF D Administrative D New Business
AGENDA ITEM D Consenl Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Accept preliminary report.
EXPLANATION: AI a pre-agenda meeting, members of the Commission requesled an inlerim progress report on
HeritageFest, including evenls, scheduling and budgel. This report provides a brief overview of the event and addresses Ihese
topics.
PROGRAM IMPACT: N/A
FISCAL IMPACT: The preliminary budget stands al $98,070. A breakdown is included in the report. The expenses are
being shared with the CRA. The Ciiy's portion was allocated in the FY2006-07 budgel in account #001-1213-519,48-24.
ALTERNATIVES: NOI accept report.
Wi7b~' ~-<f~a~
epartmen ad' gnature
~
Ciiy Manager's Signature
Assislanllo Ciiy Manager ~
Public Affairs
Department Name
Ciiy Attorney I Finance
SIBULLFTINIFORMSIAGENDA ITEM REQUEST FORM DOC
Boynton Bcach's African-Americans have made significant contributions to the
devclopment of our City. Thcy have played key roles in our cultural growth, frequently
ovcrcoming great advcrsity. Many havc achievcd grcat staturc and acclaim, and their
influencc reachcs far beyond our boundaries.
In December 2000, the City Commission accepted a Five- Year Strategic Plan for the
City's "Black Awarencss Celebration" that was prepared by L.B. Limited & Associates.
In preparation of the plan, the consultants held extensive meetings with people who had
scrved on the Black Awareness committee, residents of the City, elected officials, City
staff, and business and community leaders to gain an overall understanding of the
perception of Black Awareness and to get input on improving and growing the
celebration.
In the Plan, the consultants basically put forth threc options:
. Keep the existing name with emphasis on educating the community and others as
to what "Black Awareness Celebration" really means.
. Modify the name by the incorporation of a "tag line" designed to focus on the
intcnt and purpose of the organization.
. A complete name change, which is consistent with the central-organizing
principals of the Organization (Mission and Vision).
Thc consultants noted that the third option would be the most challenging. Adopting it
would require modification of the Vision and Mission statements to make them more
compatible in order to discourage any possibility of misrepresenting the identity of the
organization and eliminate sending mixed messages.
Vision Statement
To develop a sense of community where children and adults of all ethnic background
work, play and celebrate as one. .
Mission Statement
To provide a celebration of Black Culture that motivates, empowers and informs the
public of the ties that bind our community together through the enjoyment of the arts,
education, and pride in African-American accomplishments and heritage.
A search of the minutes from the Commission meeting of December 19,2000, when the
report of the consultants was acceptcd, and subsequent minutes of committce meetings
held in 2002 and 2003 (Ihc only years available) fails to yicld which of the options Ihe
Commission at Ihat time may have favored, and nowhere in Ihe City Clerk's records do
wc find how it was decided to pursue Ihe third option. Further, therc is no evidencc to
indicate that Ihe inconsistencies noted by the consultants had been addressed.
The challenge for City and Community Redevelopment staff who are working on this
event has been to reconcile the diametrically opposed vision and mission statements and
develop an event in which the entire community can participate and at the same time
celebrate the accomplishments of African-Americans.
Activities
lIeritageFest will be held February 23-25, 2007. The weekend will consist of an opening
reception and exhibit; a panel of motivational speakers; film festival; basketball
tournament; youth entertainment, including performances by the Kennedy Middle School
and Boynton Beach Community High School bands, performances by Suave Smooth and
J Red, and a variety of youth talent that includes singing, and dancing and step teams; and
a concluding concert. Mary DeGraffenreidt, Senior Recreation manager, Hester Center, is
coordinating the basketball tournaments and youth activities.
Angela Girtman has suggested a performance by award winning actress Sheryl Lee Ralph
of her one woman show Sometimes I Cry. This moving and provocative show was
inspired by the real life stories of women infected and affected by lilY/AIDS. Sometimes
I Cry creatively examines the female struggle when coping with HIY and AIDS, and
offers a window into the difficulties women from diverse backgrounds and cultures face.
Wayne Segal, Public Affairs director, has contacted Ms. Ralph's booking agent for
further details.
The City will be responsible for the reception, speakers, film festival, basketball
tournament and youth entertainment. The CRA will be responsible for the concluding
concert.
Film Festiva''''
(11am.-7 p.m)
"Brain Bowl"****
(2,4 p.m.)
Youth Entertainment*
(1-5 p.m.)
Concert***u
(6-9 p.m.)
'Hester Center
"Schoolhouse Children's Museum
... Civic Center
....Madsen Center
.....1 DO-block E. Ocean Avenue
(Currently, all times and locations, with the exception of activities at the Hester Center and the
Concert, are tentative and subject to change. Ms. Ralph's performance will depend on her
availability.)
New Events
Wayne Segal has been working with Regenia Scott, Neighborhood Services manager,
Thelma Lyons. Neighborhood Services administrative assistant and a community
resident. Rcnai Collins, Community Rclations manager f<lr Barnes & Noble, and Myra
Jones, a resident and community leader. Together they have bcen planning an opening
reccption and exhibit, a panel of spcakers, a film festival and a "brain bowl," which are
new events this year.
The reception will serve to open the weekend and a Black Heritage exhibition comprised
of original works of art created by area youth or other appropriate exhibit. The Education
& Youth Advisory Board has been contacted to assist in developing this exhibition.
With input from Renai Collins, a panel of speakers is being assembled. The purpose of
the panel, which will consist of notable and prominent African-Americans in the
community, is to bring a motivational message to the audience, particularly youth. Some
of the names that have been suggested include Tanya Rogers, NewsChannel 5; Attorney
Willie Gary; and C.B. Hanif, Palm Beach Post. There are, of course, many possibilities
and the final panel will depend upon the speakers' availability.
Myra Jones is assisting in developing a film festival that will highlight African-American
achievement in cinema. Ms. Jones has already recommended the] 943 film Stormy
Weather starring Lena Horn and Bill Robinson. In consultation with Ms. Jones and other
community members, other appropriate films will be selected.
Ms. Jones is also taking a lead in creating the "Brain Bowl." Fifty-four children trom
elementary, middle and high school will compete for prizes. Ms. Jones, a retired teacher,
is working with the community to develop the questions, recruit the students and
publicize the event in local schools and churches.
Budget
Youth Entertainment
Basketball Tournament (Friday, Saturday, Sunday)
Officials $1,500
Tee shirts 850
ill ~O
First place team 500
Trophies ] 50
$3,600
Rickship Productions
Youth entertainment
(Suavc Smooth, J Red)
Basketball tournament
V21': Party Planncrs (Saturday)
Bounce house
$8,000
Form pit slide
Laser tag
Trackless train
Rock climber
Face painting
Kennedy Middle School Band
Boynton Beach Comm. High School Band
Flyers/posters
$4,000
$450
$450
$200
$16,700
It is anticipated that part of this amount will be offset by revenues of $4,500 from entry
fees and admissions.
Opening reception/exhibition
Catering (150 people/$25 ea.)
Decorations
Printing
Speakers
Gifts
Film Festival
Performance Sometimes / Cry
"Brain Bowl"
Savings Bonds*
(winning team members)
75 books @ $6.00 ea
Trophies
Tee shirts (70 shirts @ $6/ea,
$100 set up)
Refreshments
Supplies
Concert (from CRA)
Talentlbackline
Advertising* *
Television
Radio
Theater
Signage
Flyers
$3,750
500
100
300
300
7,500
12,000
450
300
520
75
100
25,895
50,000
$1,200
3,000
475
300
500
5.475
$98,070
*We will work to find a banking partner that will help defray the cost or enhance the
value in exchange for promotional consideration.
'*We are currently negotiating with both the Sun-Sentinel and Palm Beach Post for
sponsorship, which would include print advertising. Depending on the value and content
of the sponsorship, we may consider additional print advertising.
Overtime personnel costs are accounted for in the FY2006-07 budget (account #001-
1213-519-14-10) in the amount of $19,845. These costs were based on last year's event
and should be considerably less this year due to the shortened schedule of events.
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida
December 19, 2000
a.
Christa McAuliffe Community Middle School Blue Ribbon
Celebration Week" January 21-27, 2000
(POSTPONEMENT REQUESTED UNTIL 1/16/01)
2. Orientation PowerPoint Presentation - Information Technology
Services - Peter Wallace
Mr. Peter Wallace, Director of Information Technology Services, made an
Orientation Powerpolnt Presentation that explained the operations of the Infonnation
Technology Services Department. A copy of the presentation is attached to the original
set of meeting minutes on file in the City Clerk's Office.
3. Five Year Strategic Plan for the Blad.( A~ Celebrations in
Boynton Beach - Presented by Michael Brady and Bruce Lewis of
L.B. limited & Associates, Inc.
Mr. Bruce Lewis of LB. Limited & Associates, Inc. thanked the Oty of Boynton
Beach for the opportunity to work on this project and lauded the _ A~mi!$
Committee for their hard work, dedication, and commitment to the project. Mr.
Michael Brady, also of LB. limIted & Associates, Inc., presented the final draft of
the five-year strategic plan for the BJatk' AWi!l~I!i!l celebrations, stating that their work
had been funded by a grant and did not come out of the Oty's pockets. Mr. Lewis
spoke of having a series of community meetings and committee workshops over the
past five months to gain input and insight into the needs of the community. Mr. Brady
displayed the revised organizational structure for the Committee. The Committee Is
considering different sites for the event(s), revisions to event schedules to avoid
overlap, implementation of an evaluation tool at event's end to aid improvements, and
the encouragement of ownership of the event by the entire Community. The plan is the
Committee's guide for implementing an ongoing, year-round series of events celebrating
the accomplishments and heritage of the City's African-American community. Their goal
was to make the BJjjlj( Awat~ Committee a self-sustaining and independent entity,
with the City serving a support role in the future. Mr. Brady expressed belief that the
City of Boynton Beach could become a destination through special events. The BIlitk
Awa~ Celebration could become the catalyst that would attract new visitors to the
community and that would po!;itively impact the bottom line, tax revenues, and visitor
dollars. They submitted their Plan to the Oty for approval and offered to answer
questions.
Motion
Commissioner Black made a motion to accept the report and have staff implement the
Five-Year Strategic Plan for BlaCk AWiitE!tll!SS Celebration Events as presented.
Commissioner Fisher seconded the motion that passed unanimously.
(.-,
4. Presentation of Annual Holiday Parade Awards - Melissa V1aun,
Special Events Manager
6
The City of Boynton Beach
Black Awareness Celebration
Five- Year Strategic Plan
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Prepared by: 1. B. Limited & Associates. Inc.
PUBLIC RELATIONS
n
AUG 1 9 2002 ~
---------.. ---------.....--
The City of Boynton Beach
Black Awareness Celebration
Five-Year Strategic Plan
INDEX
I. Executive Summary
II. Mission and Vision
III. The Name and Title, an Identity Crisis
· Exhibit # 1
· Exhibit # 2
IV. Relationship with the City
V. Committee Structure
· .Exhibit # 3
· Exhibit # 4
· Exhibit # 5
VI. Black Awareness Celebration General Budget
· Exhibit#6
· Exhibit #7
VII. Black Awareness Celebration Operations
· Exhibit # 8
VIff. Events and Venues
· Exhibit # 9
IX. Geography
· Exhibit # 10
X. Event Schedule
XI. RemedY/Recommendations (quick reference)
,
XII. Tlmeflne
XfI/. ConclUsions
City of Bovnton Beach Black Awareness Celebration
5 Year Strateqic Plan
I. Executive Summary
Consultants Role
L. B.' Limited & Associates, Inc. (Consultants) were retained by the City of
Boynton Beach, Florida to assess and develop a strategic plan for the
Black Awareness Celebration held each year during the month of
February. The objectives under which we're approaching the plan are: to
obtain an understanding of the perception that exists of Black Awareness,
to make a full assessment of the celebration, to utilize the community input
and results of interviews in restructuring the Black Awareness Committee
and associated events to promote groWth, to provide the steps necessary
to become a community owned, self sustaining organization. The
Consultants goal is: to re-organize the committee structure to promote
growth and efficiency, obtain sponsors and recruit volunteers.
Event Overview
The event began in 1980 when Boynton Beach resident LillianArtis
decided to produce a gospel concert and dramatic interpretations as a
means for residents to celebrate the accomplishments of African-
Americans throughout history. The celebration incorporates various
activities including a coronation event, spelling bee and oratorical contest,
basketball tournament, a parade, gospel concert, science fair, a youth
luncheon, educational activities and a reception. In recent years events
such as the corporate challenge and the faith-based festival have been
incorporated into the alack Awareness Celebration, .
Planning Process
The Consultants held extensive meetings with the committee members,
residents of the City, elected officials, City staff, business and community.
leaders to gain an overall understanding of the perception of Black
Awareness and to get input on improving and growing the celebration.
After reviewing documents from previous years and attending just two
committee meetings, the Consultants immediately recognized the need to
, address the organizational structure of the committee.
. Planning Process - continued
We developed and later revised a Black Awareness organizational chart
which is designed to; 1) solidify the leadership with a Committee chair and
vice chair, 2) better define the role of City Staff, 3) create a second tier of
responsibility at the sub-committee level to help facilitate information flow
and 4) identify the sub-.committees by event. Included in the new structure
are responsibilities for the Chair, Vice Chair, key sub-committee chairs,
each committee member and City Staff.
The'results of implementing this structure is to promote leadership and
cooperation within the sub-committees and better define the support role of
City Staff. (see Exhibit # 3 - Organizational Chart) .
Other significant elements of the plan inclUde, identifying new and creative
sites to hold events, revisions to event schedules, the development of an
event evaluation tool, increase volunteer recruitment, become more fiscally
responsible, encourage ownership of the event by residents and involve
diverse cultures in all aspects of the celebration.
As the City improves its infrastructure, creates economic development and
attracts new residents, so to will the Black Awareness Celebration improve
and grow making it the signature event in Boynton Beach.
II. Vision and Mission
After careful consideration of the community input as the initial indicator
and examination of all aspects directly and indirectly related to the 81ack
Awareness Celebration Committee organization, events and activities, the
. consultants have conCluded that the Vision and Mission statement may be
subject to modification. The modifications may vary depending on other
elements that directly effect the Vision and Mission statements.
The Vision and Mission of the Black Awareness Celebration Organization
are crucial to the identity, committee functions and event composition.
Generally speaking, they are summary statements that communicate the
goals, objectives, intent and purpose of the entire organization. The Vision
Statement focuses more on the all-encompassing intent of the organization
and the Mission Statement focuses on the overall purpose of the
organization.
Black Awareness Celebration, Vision Statement:
To develop a sense of community where children and adults of all ethnic
backgrounds work, play and celebrate as one.
alack Awareness Celebration, Mission Statement:
"To provide a celebration of Black Culture that motivates, empowers and
informs the public of the ties that our community together through the
enjoyment of the arts, education and pride in African-American
accomplishments and heritage. "
Although, the definitions of the two statements are quit different, they must
be consistently compatible to discourage any possibility of misrepresenting
. the identity of the organization and eliminate sending mixed messages.
The Vision and Mission statements clarity will be key when the Black
Awareness Celebration committee embarks on acquiring a not..for-profit
status and begins applying for grants, foundation funding and private
Ipublic sector sponsorships. The Vision statement "intent' should be
consistent with the Mission statement "purpose".
Vision and Mission - continued
The element that will profoundly affect these two organizational statements
is the name, "Black Awareness Celebration." .'
If in the event that the Black Awareness Celebration Committee decides to
change or modify the name of the organization, then it becomes necessary
to consider adjusting the Vision and Mission statements accordingly (see
Section III, "The Name a Identity Crisis")
RemedY/Recommendation:
At the present time, the Black Awareness Celebration Vision and Mission
statements contain afew inconsistencies that should be addressed to
further refine the thrust of the organization.
· The consultants suggest that a Black Awareness Celebration
Committee Retreat be held after the 2001 event to address the
Vision and Mission statement in conjunction with other subject
matters in order to refine all aspects of the Black Awareness
Celebration organization and associated activities.
/II. The Name and Title, an Identity Crisis
In early July of 2000', the consultants performed a preliminary perceptions
assessment of the Black Awareness Celebration organization, events and
activities in order to gain an understanding of the present conditions,
Included in the assessment was a through examination of previous event
documentation. Immediately, the consultants were able to identify elements
of both weaknesses and strengths. We also discovered early indications of
community concerns directly associated to the Celebration
As a result of the preliminary perceptions analysis, the consultants were
able to develop key questions designed to (1), further define and provide
solutions to the community ,<;oncerns regarding the Black Awareness
Celebration activities and (2), to explore the Black Awareness
Celebration's growth and diversity geographically, ethnically, culturally and
functionally. Additional questions were developed by the consultantSi,
which primarily focused on the operational components of the Black
Awareness Celebration Committee. These questions were designed to
evaluate the pOlicies and procedures of the Committee. (see Exhibit #1
Discovery - Committee/Community Questions)
One of the most debated questions centered on the, name/title, The
discussions covered the gambit of possibilities, from a slight modification to
a completely new name (see Exhibit # 2). Perhaps the most valuable
discovery by the consultants was that the remarks and comments
regarding the name were consistent with both the community at large and
the Black Awareness Committee. This observation was key to our ability to
provide a solution to the "identity crisis", Of all the questions developed, the
question; "Define Black AW8reness"was the one that evoked the most
emotion and launched a spirited debate about the options available for
consideration,
The community and committee felt that the word "Black" was the most
difficult to address. On one hand, "Black" only referred to the African ~
American experience and wasn't broad enough and would hinder future
growth and limit both diversity and sponsorships of the Celebration. On the
other hand, the word "Black" has historical significance, embraces the
. Celebration of Black culture as the original concept reflected in the mission
statement.
The Name and Title, an Identity Crisis _ continued
The City of Boynton Beach is becoming an increasingly diverse
community, which mirrors the vast majority of communities across tRe. .
nation. The consultant's approach in providing a solution to the name
"identity crisis" primarily focuses on the future growth of the Celebration
and associated activities. However, the consultants advise that when the
Black Awareness Celebration committee considers a name mOdification, or
a complete name change, that it be done with additional consideration
given to the importance of the Black experience and the African-American
pioneers who founded the celebration twenty years ago, and realize that
times have changed in the City of Boynton Beach with regards to a growing
diverse community. These are al/ factors that ref/ect the input of the
community. committee members and City staff. With this in mind,the
consultants have provided three options.
RemedYIRecommendation:
Option #1:
Keep the existing name with emphasis on educating the QOmmunity and
others as to what "Black Awareness Celebration" really means. Education
is the key with this option and the Black Awareness Celebration Committee
must take the lead in the development of the educational process.
Option # 2:
Modify the name by the incorporation of a "tag line" design to focus on the
intent and purpose of the organization. The "tag linen must be Simple and
reflect the central-organizing principals of the Organization (Visiori and
Mission).
Examples:
Black Awareness Cel~bration
"A Multi-Cultural experience"
Black Awareness Celebration.
~ Celebration of People"
Black Awareness Celebration
. "Celebrating Community Diversity"
The Name and Title, an Identity Crisis - continued
Option # 3:
A complete name change, which is consistent with thecentral-orgaRi~;ng
principals of the Organization (mission and vision). This option provides the
most flexibility and can incorporate a "tag line" if desired. However this is
the most challenging and requires the careful consideration of all factors
mentioned on the previous page of the section.
Examples:
Heritage Festival
'~ Celebration of History and Cultural Diversity"
Diversity Awareness Celebration
Shades of Culture
'~ Diverse Community Celebration"
The Consultants suggest that at the Committee Retreat the Namemt/e in
conjunction with other subject matters of the Black Awareness Celebration
organization be studied and that some resolution be agreed to.
Black Awareness Discovery Committee/Community Ouestions
l)Background
a) What is meant by the term Black Awareness?
(Cuban, West Indies, Haitian, Mexican, Non-White)
b) Is there room for-diversity? (culturally, ethnically)
c) What inclusive methods can be employed?
(culturally, ethnically)
,,,,. "', :
2)Elements/ Activities
a) What elements! amenities currently exist? (food, music, poetry etc)
b) What elements are missing? .
c) Do you want to broaden participation?
d) How do we broaden participation in the COmmittee/community)
e) Is there room for growth?
t) How do we foster growth (new events?)
(Participants, volunteers, partnerships, financial, patrons)
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3) Geography
List areas not currently used where events can be held.
What are the locations contt611edby the City?
What are some non~traditionallocations for different venues?
4) Issues
What concerns do you have about the Black Awareness Special Events
What concerns do you have about AU City Events
Neighborhood issues
5) Planned Development / Other issues or concerns
Traffic
Parking
Public safetylRisk management
Crowd control'
Tracking (attendance, income, expenSes, volunteers, vendors)
ID in-kind services of the City
Contractual agreement development (entertainment, vendors, venues, hospitability,
ApplicationlRegistration, insurance waiver forms
Surveys - who comes and why
The NAME / TITLE
An Identity Crisis
8.2.00
knowing your culture / heritage
showcase African American history
awareness of African American
history
education
economic impact
pride
8.15.00
To include other cultures / groups
Currently does not include other
cultures.
There was considerable discussion on
the term Black. It was viewed as a .
barrier. "It excludes other people of
color (Asian, South American etc.)"
"Consider name change". "People
should not be intimidated by the term
Black".
8.22.00
Cultural
Celebration
Festival
Roots
Ebony
Experience
Heritage
Timbuktu
Friendship
Comments
African-American excludes others
. Gap in time and history
Diversity issue
To include island people
8.30,00
Keep it
Celebration
Black Race - people of color
Cuban, Indian
Glue of a culture
Consider change in 2002 - gain
Financial support
Keep program going
History of the name
Tag the beginning or end of name
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9.6.00
Culture, how we interact, not just
Black, not the color of our skin, not a
negative stereotype, Hispanic/
minority, diversity
(white/blacklbrown )
9.26.00
Need to be more original. Describes
out heritage. The word awareness has
meaning. The name says it all. The
history is lost. Being aware of who-
we are. Not limitedto Black people.
The absolute totality of our history.
The name is misleading. What do we
want people to be aware of. Brings
people together. A celebration.
IV. Relationship with the City
The relationship between the Slack Awareness Celebration Committee and
the City of Boynton Beach at the present time is one of dependency. At
the same time, the City is making efforts to enhance overall staff efficiency
in particular, as it relates to Special Events. The City has always been very
supportive of the Black Awareness Celebration and to a degree the
amount of that support has hindered the organizations' independence,
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Over thE!' last several years, the CelebratIon has relied heavIly on the
resources of the city. From providing staff as sub-committee chairs, to in-
kind and financial support, the City has insured a certain level of success.
The City. provides more than 50% of the Slack Awareness Celebrations'
Budget. Of the eleven Sub-Committee Chairs, city staff occupies four. The
fact is that this relationship, in its' present form, has worked for the most
part, but not without great sacrifice by all parties involved.
One the first discoveries the consultants made after attending two
committee meetings was that no formal committee structure was in
place. Also, meeting conduct and governance policies were absent. It
became increasingly obvious that oneethese elements were formally put in
place, they would have an immediate mutually benefiting impact on the
relationship. The Slack Awareness Celebration Committee would serve
itself well by engaging in strategic steps to become an independent
organization. This action alone would provide the City of Boynton with the
very much-needed staff flexibility and would naturally enhance staff .
efficiency. If the Slack Awareness Celebration Committee has the desire to
become a se/f-controlled, independent organization with a growth curve, it
is crucial that a formal structure be developed as a top priority.
Remedy/Recommendations:
· Address the below listed items in a Slack Awareness Committee retreat.
· Identify the key services presently supplied/performed by the City.
· Determine additional needed services provided by the City.
· Determine the value of the services provided by the City.
· Development of a sponsor relationship
· Follow the recommendations listed in Committee Structure (Section V)
V. Committee Structure
One of the driving forces in hiring the consultants was the desire to
develop a strategic plan that addresses the present relationship be~een
the Black Awareness Celebration Committee and the City of Boynton
Beach. The City needs to serve in an advisory and support capacity and
the Committee needs to become a self-sufficient operating, Not-for-Profit
organization. The present relationship between the City and the Black
Awareness Celebration Committee hinders the ability to advance to this
level to a certain degree. The absence of a formal organizational structure
for the committee to operate within was the first observation the
consultants made (see Section IV). Also, no real evidence of governance
policies and procedures were present. With any strong organization, there
must be strong leadership,committed and dedicated members, and a
strategic direction with deliverable goals, policies and procedures to
become self-sufficient and to encourage growth.
With a harmonious but cumbersome relationship with the city in place, the
Black Awareness Celebration Committee and organization needs to re-
structure for the long haul. In order to move strategically away from the City
towards a self-sufficient, not-for-pr:ofit organization, committee structure,
organization and governance policies, must be put in place with an eye on
the future. Careful consideration must be given to the present conditions
that would provide both the City and Committee with a mutually benefiting
result. The development of an organizational chart is one of the keys in
achieving the desired results (see Exhibit # 3 - Organizational Chart).
After analyzing all factors,lhe consultants have developed an
organizational chart that includes the input of the City and Committee. The
. main purpose of the chart is to provide organizational direction with enough
flexibility to adjust as needed in future years. The organizational chart
addresses the present relationship with regards to becoming self-sufficient,
moving towards community ownership and allowing for growth though the
addition of the three "Key Event Sub -Committee Chair" positions, -
Volunteer, Sponsorship and Finance. These three positions are crucial
components in providing independence for the committee and staff
efficiency for the City.
Committee Structure - continued
· Finance Sub-Committee will assist in making the Black Awareness
Celebration Committee more fiscally accountable to both itself ane1the
City of Boynton Beach. It also provides a foundation for sound financial
operations as the committee moves toward a self-sustaining
organization. This Sub-Committee Chair should be a person with strong
accounting skills (see Exhibit # 4 - Committee Responsibilities).
· Sponsorship Sub-Committee will focus on all activitIes centered on .
garnering funds for the organization. From identification and
monitoring of Event Sub-Committee revenue generation components to
securing sponsors, partnerships and brand recognition opportunities in
the business community; .... "'0<.. . . . the
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someone who is creative, resourceful, has good communication skills,
and solid contacts in the business community (see Exhibit # 4 _
Committee Responsibilities).
· Volunteer SUb-Committee will concentrate on the recruitment of
volunteers to serve on the various Sub-Committ;ees. Also, the
committee should encourage partnership relationships with other
community-based organizations that are designed to increase the
presence and awareness of both orgclnizations. this arrangement will
increase the number of VOlUnteers overall and will assist in developing
collaborative partnershiR.s with other organizations.Countywide. This
committee will relieve City staff involvement related to event operations
and will help in the promotion of community ownershiP.]he Volunteer
Sub-Committee Chair should be a people person with good
communication skills and knowledgeable of the community.. (see
Exhibit # 4 - Committee Responsibilities).
· Committee Consolidations:
After analYZing the various Events and Event Sub-Committees, the
consultants suggest consolidation of the following events/activities; The
Education Sub-Committee will include the Youth Luncheon, Science
Fair, Spelling Bee/Oratorical, African-American Book Club and the
'StudentContest. The Spiritual Committee will inclUde Gospel-O-Rama
and the Faith Based Festival Events.
Committee Structure - continued
By consolidating into similar groupings, you create greater efficiencies.
Opportunities are created for similar events (at least by category) to crciss-
pollinate and these activities provide an element of teamwork. The
"Spiritual" and "Education" categories are general however, the tasks for
each event within a general category are similar in nature. Keep in mind
that each event remains a Sub-Committee having its own Chairperson.
The sole intent is to share what you have in common and to utilize the
similar skill bases necessary to conduct successful events with a greater
growth potential.
· Committee Governance:
Policies and procedures are very important to the operations of any
organization. To be able to make sound deCisions and to have in place
procedures that manifest fairness and equity in an efficient manner will
take any organization a long way. Most of the individuals that are involved
with the Celebration are community volunteers. It's important to be able to
conduct meetings in an efficient and orderly fashion. This lends credibility
to the leadership and committee members. All volunteers appreciate
efficient use of their volunteer time,
The Consultants expect the organizational chart will change to reflect
movements toward a self-sufficient independent organization in future
years. However, we caution the committee not to rush to the desired result.
Build the infrastructure of the organization first by using the criteria for
gaining Non-Profit status as a guide. This approach will help to insure that
the application for Non-Profrt status is successful, The Consultants advise
the committee to start this process in year three (see Exhibit # 11 _
Timellne).
Remedy/Recommendations:
· Adoption of a standard governance procedure - Robert's Rules of
Order.
· Implement election procedures for Chair and Vice Chair (see Exhibit 5
- Procedures for Election of Chair and Vice Chair).
· Develop policies that enforce committee procedures.
Committee Structure - continued
· Develop a Black Awareness committee member application and
database." ..
· Replace Events Sub-committee Chairs currently oCcupied by City staff
with qualified community members.
· Develop a strategy for volunteer recruitment.
· Develop a volunteer recognition program.
· Obtain an IRS, 501 (c) 3 Not-for~Profit Application.
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The following list represents the proposed make-up of the Black Awareness (BA) Celebration
Committee (see organization chart). The responsibilities for each member are as follows:
Boynton Beach Black Awareness Celebration Organization
Prepared by L. B. Limited & Associates, Inc. for Ihe City of BOynton Beach, FL (9/00)
Chair
~ees the overall activities of the entire committee.
Responsible for BA Day coordination
Official spokesperson for Black Awareness
Liaison to Special Events Manager, Leisure Services. Vice Chair and the Finance Department
Makes post-event report to City Manager and Council
Participates in committee deciSion-making process
Leads dispute resolution process
Vice-Chair
Oversees key Operations sub-committees (Finance, Sponsorship & Volunteer)
Oversees and coordinates Event Sub-Committees
Manages duties of Chair in that person's absence
Participates in dispute resolution process
Liaison to Special Events/Leisure Services for promotions
Manage enterta:iliment requests frOm sub-committees
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'inance Deol!rt1nent
.'roduce comprehensive event budget report (revenue & expenses)
Log event income and expense transactions
Disperse event expense checks
Direct communication with Finance Sulr-Committee Chair
Soecial Events Deoartment
Liaison between BA committee and City
Provide support for BA events ( public works, police, fire rescue, risk management)
Manage marketing, prol1lotions and public relations functions
Assist with budget planning
Participated in dispute resolution process
I
. Boynton Beach Black Awareness Celebration Organization (cont'd)
ProDosed - Finance Committee
Manage BA event budget requests
Document individual event sub-committee budgets
Primary coordinator in budget process
Assist with comprehensive budget development
Make formal requests for event expense disbursement
Liaison with Finance Department and Committee Vice Chair
Prooosed - SoonsorshiD Committee
Document exiSting sponsors
Develop plan to obtain new sponsors (levels, benefits, documentation,' goal)
Develop In-kind sponsorship values
Liaison with Finance Sub-committee and Committee Vice Chair
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ProDosed - Volunteer Committee
Document exiSting volunteer base (data baSe)
Develop plan to recruit new volunteers
Develop volunteer appreciation program
Liaison with Committee Vice Chair
Sub-Committee Chairs (l for each event)
Develop initial budget for each event
Attend committee meetings / report progress
Provide entertainment needs to Vice Chair
Assist in coordination and participate in volunteer appreciation
Liaison with Volunteer, Finance, Sponsorship committees
Abide by Chair, Vice Chair contlict resolution decision(s)
Assist, coordinate and participate in BA Day activities
Develop recommendations to improve and grow each event
Assist in overall promotions pIan development
Assist in identification of sponsors.
IdentifY an event revenue generator
Assist in layout of event site - to be added to site map
2
Procedure for Election of Chair and Vice Chair
Black Awareness Celebration
Names for nomination to each seat must be requested and documented. Names will
be submitted to the Special Events Manager in the City of Boynton Beach. The
names will be compiled and distributed to committee members along with a date,
time and location to hold the election.
A vote for Chair and Vice Chair will be taken separately by written ballot; The
votes will be tallied and the winner announced. In the event of a tie, a new vote
will be taken and the winner announced.
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The term for Chair and Vice Chair is one year unless otherwise changed by a
majority of the committee.
Election for the Chair and Vice Chair will take place within 60 days follOwing the
close of that years' event. (example: the February 2002 event election will be held
by April 30, 2001).
Event Chairs will be selected and voted on by the committee at-large.
In the event of a vacancy, the committee at~large will nominate a replacement for
Event Chair. The vote can be taken by a show of hands or by ballot. .
V I. alack Awareness Celebration General BUdget
At the present time The City of Boynton Beach Finance Department
handles al/ financial activities associated to thl:i Celebrat;on.iTh~
~,QJPmy.piC::EJtL~~~"WJt.~QJ,M1iLJfJl)~q~partment.andthes()mfT1ittee is
lJ.ml~>$.d~nd only occurs When there /.s a check request at financIal
questions arise, The consultants feel that greater responsibility needs to be
taken by the Committee with regards to becoming more fiscally responsible
and accountable. This will help in securing a Not-for-profit status. The IRS
will favor an organization that has an established, proven fiscal track
record. Each Committee member must be aware of the overall bUdget of
the Celebration. Each Event Sub-Committee Chairperson mUst be
responsible for their budget development. For the purpose of enhancing
the communication between Committee members, SUb-Committee
Chairpersons and the City's' Finance Department, the creation of a
Finance SUb-Committee is necessary,
Another important part of becoming an independent organiZation involves
sound fiscal management. With the addition of a Finance SUb-Committee
Chairperson, the Committee can move toward building a solid financial
foundation. The consultants modified the SUb-Committee, Event BUdget
Form (see Exhibit 6 - Event BUdget Form) to include; 1)- Revenue
Generator brief description and 2)- Revenue Generation Method "Codes"
(See Exhibit # 5 - Procedures for ElectIon of Chair and VIce Chair).
This procedure will assist the Finance Sub-Committee Chairperson in,
clarifying and determining the details for each line item of the Black
Awareness Celebration General budget (See ExhIbIt # 7 _ General
BUdget). From the general bUdget you will have the ability to view details
for any line item. It also provides detailed information to the committee
members and City staff.
Creative revenue generating activities are imperative to the growth and
independence of the organization. Each SUb-Committee_Chairperson is'
responsible for the creation of a revenue generator directly associated to
their event (See ExhibIt # 4 -Committee ResponslblUtles). Some events
llready have a mechanism in place but may need to review the current
nethod for improvements. At the present time the only revenue generators
lat exist are built-in to certain events such as; ticket sales for the Youth
ecognition luncheon and Gospel-a-Rama, registration and admissions
ss for the Basketball Tournament and the Corporate Challenge,
The following list represents the proposed make-up of the Black Awareness (BA) Celebration
Committee (see organization chart), The responsibilities for each member are as follows: '., ..
Boynton Beach Black Awareness Celebration Organization
Prepared by L. B. Limited & Associates, Inc. for Ihe City of BOynton Beach, FL (9IOO)
Chair
Oversees the overall activities of the entire committee,
Responsible for BA Day coordination
Official spokesperson for Black Awareness
Liaison to Special Events Manager, Leisure Services. Vice Chair and the Finance Department
Makes post-event report to City Manager and Council
Participates in committee deCiSion-making process
Leads dispute resolution process
Vice-Chair
Oversees key Operations sub-committees (Finance, Sponsorship & Volunteer)
Oversees and coordinates Event Sub-COmmittees
Manages duties of Chair.in that person's absence
PartiCipates in dispute resolution process
Liaison to Special EventslLeisure Servic.es for promotions
Manage entertainment requests from sub-COmmittees
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i1ance DeDl!rtment
. Produce comprehensive event budget report (revenue & expenses)
Log event income and expense transactions
Disperse event expense checks
Direct COmmunication with rmance Sub-COmmittee Chair
Special Events Den~ent
Liaison between BA COmmittee and City
Provide support for BA events (public works, police, fire rescue, risk management)
Manage marketing, promotions and public relations functions
Assist with budget planning
Participated in dispute resolution process
1
Boynton Beach Black Awareness Celebration Organization (cont'd)
Proposed - Finance Committee
Manage BA event budget requests
Document individual event sub-committee budgets
Primary coordinator in budget process
Assist with comprehensive budget development
Make formal requests for event expense disbursement
Liaison with Finance Department and Committee Vice Chair
Prooosed - SDOnsorshio Committee
Document existing Sponsors
Develop plan to obtain new sponsors (levels, benefits, documentation, goal)
Develop In-kind Sponsorship values
Liaison with Finance Sub-committee and Committee Vice Chair
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Prooosed - Volunteer Committee
Document existing volunteer base (data base)
Develop plan to recruit new volunteers
Develop volunteer appreciation program
Liaison with Committee Vice Chair
Sub-Committee Chairs (1 for each event)
Develop initial budget for each event
Attend committee meetings / report progress
Provide entertainment needs to Vice Chair
Assist in coordination and participate in volunteer appreciation
Liaison with Volunteer, Finance, SPO!l5orship committees
Abide by Chair, Vjce Chair conflict resolution decision(s)
Assist, coordinate and participate in BA Day activities
Develop recommendations to improve and grow each event
Assist in overall promotions plan development
Assist in identification of sponsors.
IdentifY an event revenue generator
Assist in layout of event site - to be added to site map
2
Procedure for Election of Chair and Vice Chair
Black Awareness Celebration
Names for nomination ,to each seat must be requested and documented. Names will
be submitted to the Special Events Manager in the City of Boynton Beach. The
.names will be compiled and distributed to committee members along with a date,
time and location to hold the election.
A vote for Chair and Vice Chair will be taken separately by written ballot. The
votes will be tallied and the winner announced, In the eVent of a tie, a new vote
will be taken and the winner announced.
t
"
,
t
t
"
"
The tenn for Chair and Vice Chair is one year unless otherwise changed by a
majority of the committee.
.
.
Election for the Chair and Vice Chair will take place within 60 days fOllOWing the
close of that years' event. (example: the February 2002 event election will be held
by April 30, 2001).
,
Event Chairs will be selected and voted on by the committee at-large.
In the event of a vacancy, the committee at-large will nominate a replacement for
Event Chair. The vote can be taken by a show of hands or by baIIot.
VI. Black Awareness Celebration General Budget
At the present time The City of Boynton Beach Finance Department
handles all financial activities associated to th~ Celebration.Jh~
..i9 '. .m.~=.... ..'..'j..~. ~l.J.~n_~..~.B!he. iP~n. c.~. D,epa.rtment aO.d the.c.~!TI._~itt..... ae is
1m . . .. . don1Y occurs when there I,S a check request or financIal.
que'giio'ns arise. The consultants feel that greater responsibility needs to be
taken by the Committee with regards to becoming more fiscally responsible
and accountable. This will help in securing a Not-for-profit status. The IRS
will favor an organization that has an established, proven fiscal track
record. Each Committee member must be aware of the overall budget of
the Celebration. Each Event Sub-Committee Chairperson must be
responsible for their budget development. For the purpose of enhancing
the communication between Committee members, Sub-Committee
Chairpersons and the City's' Finance Department, the creation of a
Finance Sub-Committee is necessary,
Another important part of becoming an independent organization involves
sound fiscal management. With the addition of a Finance Sub-Committee
Chairperson, the committee can move toward building a solid finapcial
foundation. The consultants modified the Sub-Committee, Event Budget
Form (see Exhibit 6 - Event B,udget Form) to include; 1 )-Revenue
Generator brief description and 2)- Revenue Generation Method "Codes"
(See Exhibit # 5 - Procedures for Election of Chair and Vice Chair).
This procedure will assist the Finance Sub-Committee Chairperson in,
clarifying and determining the details for each line item of the Black
Awareness Celebration Gelleral budget (See Exhibit # 7 - General
Budget). From the general budget you will have the ability to view details
for any line item. It also provides detailed information to the committee
members and City staff.
Creative revenue generating activities are imperative to the growth and
independence of the organization. Each Sub-Committee_Chairperson is .
responsible for the creation of a revenue generator directly associated to
their event (See Exhibit # 4 -Committee Responsibilities). Some events
already have a mechanism in place but may need to review the current
method for improvements. At the present time the only revenue generators
that exist are built-in to certain events such as; ticket sales for the Youth
Recognition Luncheon and Gospel..O-Rama, registration and admissions
fees for the BasketbaIJ Tournament and the Corporate Challenge.
. .' Black Awareness Celebration General Budget _ continued
The remaining events are encouraged to develop a method of revenue
generation. The consultants advise that in the revenue generation
development stage that the SUb-committee Chairperson and committee.
members use the following criteria for adopting a revenue generation
mechanism:
· Must be low overhead cost and high revenue return
· Must be compatible with regards to your event location, logistics and
function
· The development of a good accounting system for accUrate financial
results
· Revenue generator must have the potential for growth
The consultants are focused or; the Black Awareness Celebration
Committee'sabflity to grow financially. This ability will most likely be the
dominating factor by which to measure success and overall growth of the
Celebration. Standing em solid financial ground wil/allow the organization
toinelude other features thata~ the present time have bUdgetary limitations
such as entertainment, promotions and advertising. When prOperly
structured, revenue generatorsca" produce monetary surpluses that then
can be directed to enhance new activities and veniJes.
One of the features of the budget element is the concept of.exc/usive
revenue generationD. This concept gives the Black AWareness Celebration
. organization the exclusive right to conduct and manage'a carefully
selected revenue generator on Black Awareness Day. No other vender
would be allowed to participate on this day unless the Black Awareness _
Celebration committee has arranged for a shared revenue agreement. The
exclusive revenue generator concept presents an opportunity for increased
financial growth, organizational independence and over time, the' inclusion
of nationally recognized entertainment acts. This allows for promotions
and advertising line items to be added to the general budget.
Some examples of revenue generating activities associated with Events
similar to the Black Awareness Celebration include; Shared concessions (a
,food vender that gives a certain percentage of the proceeds),
merchandising, raffles, program booklet (display ad sales) and sponsors or
underwriters.
Black Awareness Celebration General Budget - continued
Remedy/Recommendations:
· Identify and Recruit the "skills" needed to fill the Finance Sub-
Committee Chair position.
· Development of overall BlJdget format.
· Develop suitable revenue generators for each event.
· Develop a Strategy for an exclusive revenue generator for Black
Awareness Day,
· Develop a financial tracking system (charts and graphs) that depicts
growth trends, revenl.Je and expenses.
· Develop a system offinancial record keeping (financial history data
base).
· Develop a strategy for rate of growth (forecasts and projections).
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2001 BLAC/( AWARENESS
Event Budget Form
Sub Committee:
Chairperson:
Volunteers:
PROPOSED REVENUE
Detail Cash Checks In-Kind NET
.
.
-'-'-
TOTALS .
.:. Suggested improvements for 200! event:
t!
~
I-
o
jIlO
jIlO
=t:I
=
.:. Give a brief description of your revenue generator:
~
.:. Circle the category that describes how you wil/generate revenue (for
accounting purposes only)
01- Ticket Soles 04- Merchandising
02- Concessions 05- Sponsorship
03- Entry Fee 06- Underwriting
. .
07- Advertising/Display Ad sales
08- Other (please indicate) .
Black Awareness 2001
Budget
REVENUE I BUDGET YTD +/- %
Sponsor Donations
Interest
Commemorative Poster
Concessions
Merchandising
Public Gates
Event Revenue .
.
TOTAL INCOME
EXPENSES
Administration
Commemorative Poster
Conces~ions
Mercha.ndlslna
Public Gates .
Advertising/Promotions
Entertainment
Parl<inglTransPOrfation
Public Relations
Signs & Banners
Site Operations
Volunteers
Youth Area
SponsorShip
EveniEXPe'nses
TOTAL EXPENSES
NET INCOME I
contingency
~
~
"'"
t:I:
)000
l-
=#
-....::
VII. alack Awareness Celebration Operations
The Operations functions under Black Awareness have historicallY'been
the responsibility of City Staff. As stated in Section VI _ Black Awareness
Budget, the Finance Department and Special Event Coordinator manage
the finances for the Celebration. This is also the case with Public Works,
Police and Fire Rescue, Risk Management and other functions under
operations. The intent is to develop the necessary support documents and
systems that facilitate the efficient operations of the Black Awareness
Celebration. The Black Awareness Celebration should follow the City of .
Boynton Beach Special Event application procedure manual in developing
its operations strategy (see Exhibit '# 8 - City Special Event Procedures .
- 10 pages total).
Elements of the operations procedure include; Event Application, Permits, .
Risk Management (includes insurance), Security, Sanitation (includes Port-
O-Lets arid dumpsters), Food & Liquor Licenses, EMS & Police coverage,
Electric and deposits. Additional elements include: transportation, vendor
agreements, promotions and signage, event registration entertainment .
contracts and mapping.
RemedY/Recommendation:
· Follow the City's Special Event Application procedures,
· Establish the Commtttee Chair as the person responsible for overall
operations (with support from designated sub-committee chairs).
· Develop a site map for each event and alack Awareness Day.
· Develop a system for vendor location (priority).
· Conduct a post-event evaluation of all operations.
· Conduct a visitor sUlVey.
· Research and develop a sys~em for alcohol permitting and sales.
· Compile a list of potential sponsors.
· Set a sponsorship goal for the 2002 Black Awareness Celebration.
· Research and develop a entertainment criteria.
TABLE OF CONTENTS
INTRODUCTION... ........... ........................ .................."............,....... ........................... 2
DEADLINES................. ........ ........................ .... ........................................ ...... ............. 2
APPLICATION PROCEOURES.................................................,..... ........ .................. .... 2
General Events.. ........... ................... .................. ............ .................... ,.... ........ 2
Neighborhood Block PartIes.....................................................,...................... 3
COMMUNITY EVENTS ON.cALL FEE....................................................,...................... 3
SPECIAL EVENT REQUIREMENTS.............................................................................. 3
Notlfl~t1on Letter... ................. ........... .... .... ... ........... .., ...... ....... ............. ........
Insurance.........................,...................................,....,............................... ...
ADA .Requlrements.... ..... ........ ........ .......... ..................,.. .... ......... ...................
Security..... .......... ...... ......... .....,... .... .......... ..............,... ............ .......... ...........
Barricade.......... ....... ..................... ......... '" ............... '" .......... ......... ......... ....
S.nltatlon............................................................... .....................................
Fire S.fety/EMS Coverage....... .......... ............... ............... .... ......,..... ... .............
3 -
3 "l1
..
3 ~
3
4 ...
I
...
4 ~
-
4
5
5
5
5
6
6
6
7
7
8.10
11
t:r:1
S
s
""'"
~
:;t:
QO
SPECIAL EVENT PERMrrS...........,... ....... '" ...... ......... ... .............. ............. ..... .............
OCCUPATIONAL LICENSE TAX.................................................,............................. ...
FOOD VENDORS.............................,..........,....................'......... ..............................
TEMPORARY ELECTRICAL WiRING...........................................................................
TENTING.................................................................................,...............................
SPECIAL evENT OPTIONS................................................................. ......................
Temporary Slgnage............ .,..... .... ..... ......... ...... ...... .......... ...... ........ ,... .........
DIrectional Slgn.ge..............~.. ........ ............. '" ............... ......... ........ .... ... ......
FEE SCHEDULE...............................................................................,.....................
SPECIAL EVENT APPUCATION................................................................................
SPECIAL EVENT USTING.... .... ..... ....... ....... ...... ......... ... ...... ..... ....... ............ ....... .......
This handbook wa.adapted for use In the City of Boynton Beach from the CIty of West Palm
Beach's Handbook .
evised 1/ I 1/99
IN' "'UUuc;no~
The Special Events Section (561) 742-6222, shall receive and process for approval applications for
events that OCCUr on City of Boynton Beach park properties, rights-of-way within the city, on any city street
and on commercial properties.
The Special Events Team will coordinate with City departments and City CommiSSion to approve
application, The event promoter'is required to make arrangements with the Police Department, and the
Department of Development with the assistance of the Special Events Team, Upon approval of
applicalion, you will be notified of event fees. Site plan must be submitted with application, Special
events are not scheduled on Thanksgiving and Friday, Saturday and Sunday follOwing Thanksgiving,
Christmas Eve and Christmas Day.
The Department of Leisure Services (561-742-6222) shall receive and process for approval applications
for the fOllOWing city parks and facilities (Art & Activity Center. Barton Memoria' Park, Bicentennial Park,
Boat Club Park, Boynton Beach CivIc Center, Boynton Lakes Park, Kids Kingdom PlaygroU/1d, Congress
Avenue Tennis Center, Edward F. Harmening Arbor Park, Ezell Hester; Jr. C&nter and Park. Forest Hut
Park, Galaxy Park, Heritage Park, Jaycee,Park, Laurel Hills Park, Little League Park, Madsen Center,
Mangrove Nature Park, Meadows Park, Oceanfront Park, Palmetto Greens Unear Park, Pence Park,
Pioneer Canal Park, Roiling Green Park, Roya' Palm Clubhouse, Sara Sims Park, Veteran's Park, Wilson
Center, Wilson Park and Wilson Pool).
DEADLINES
A completed application for a Special Event Permit must be filed with the Special Events Section on or
before the following deadlines:
Less than SOO people
SOl to 5000
5001 to 50,000
Over 50.000
one month
three months
six months
nine months
prior to date of event .
prior to date of event
prior to date of event
prior to date of event
Any political or religious event or any event that requires a change or variance to established ordinances
-'lquires the tiling of an application 3 months prior to the event and will also require City Commission
'praval.
Any event desiring to sell, possesses or consume alcoholic beverages must file an application 3 months
prior to the event and Will require City Commission approval.
APPLICATION PROceDuRe~
General Events
The applicatIon process begins When you submit a compleled Spec/al Event Applleatlon form and a
$25,00 application fee to the Leisure SllIVlces Depertment/Speclal Event Section made payable to the
City of Boynton Beach., A security deposit of $100 will be required for the use.of city property as
deemed necessary by the CIty of Boynton Beach Leisure SllIVlces Department/Special Event Section
made payable to the City of Boynton Beach. Upon r!lC8/pt of your application, copies are reviewed by
City Departments and Special Events staff to assess site availability, quality and goal of the event,
compliance with City Ordinance, perm/ls required, Special Event Permit Fee and Security Deposit .
requirements. Your event may require City Commission approval.
Appeals may be taken to the City CommissIon within fwo (2) Weeks of a staff denial. AIl fees mentioned
herein are subject to change without notice.
eV..<d 1/11/99
2
Neighborhood Block Parties
Neighborhood block parties will normally be approved on local streets. which are not primary traffic
streets (i.e., bus routes). All private block parties must have their neighborhood association, (if one does
not exist signatures from the majority of the homeowners), submit an application for road closures.
Neighborhood Associations must submit an application, including the $25.00 fee for street closures 30
days before the event date. Late applications mayor may not be approved based on Ihe availability of
city services. Insurance may be required depending upon the risk level of the event.
Neighborhood Associations are not allowed to serve alcoholic beverages on city property unless they
apply three (3) months in advance of their event date and comply with all Insurance requirements.
COMMUNITY EVENTS ON.CAll FEE
Should a Special Events team member be required to be on call during an event, the event promoter will
be charged $14.00 per hour/per team member. If the Special Events team member Is required to be on
site during non-workIng hours at an event, the promoter will remit the rate of $18.00 per hour with a
mInimum of three (3) hOOr shifts. The Special Events' Section will determine the Spec/Ell Events team
member's need to be on call.
SPECIAL EVENT REQUIREMENTS
NOTIFICATION LFTTER. Special Events Section, 742-6222
The City of Boynton Beach requires each event promoter to provide a written notice one month prior to
the event, Including dates. times of the event and road closures to all businesses and neighborhoods
surroundIng the event. The event promoter shall also provide a copy of such notIce to the Special Events
SectIon,
INSURANCE, RIsk Management Division, 742-6040
Insurance requirements depend upon the risk leve' of the event. The event promoter may be required to
provide the city a certificate of General liability Insurance In the amount of $1 mlI//on dollars, naming the
City of Boynton Beach as additIOnally Insured. Worker's Compensation is required for any empioyees
hired by the promoter. If alcoholic beverages are being served at the event, an addltlonal $1 millIon dollar
Liquor Llabl/ity Insurance shall be required. namlOg the City of Boynton Beilch as additional Insured. Both
insurance policies are due two (2) wellks before the event.
Please obtain the required Insurance anet maR an original insurance certificate to: City of Boynton Beach.
Special Events Section, 100 E; Boynton Beach Blvd., Boyntoo Beach, FL 33425-0310,
ADA REQUIREMENTS. 742-6243
It Is the event promolar's responsibility to comply with all City, County, Slate and Federal Disabilities
Access Requirements applicable to the event. All Indoor and outdoor silas for special events must be
accessible to persons with dlsabDltles. This would also Includeporlable restroom facUlties.
SECURITY, Police Department 742-6107
For the safety of parllclpants. volUnteers, ele., police may be necessary for your event. A police officer
will be required at each location where alcoholic beverages are served and at any location deemed
necessary by the Special Events Police LIaison to maintain order and protect persons and property.
f a private security firm or indlvlduals associated with the event are acting as security guards. the event
l,omoter shall indicate in ihe Special Events Application, The Police LiaIson will also coordinate with
lach promoter on how many security guards the promoter would need to hire for street closures and
ther responsibilities. All racelwalks will be required to hire security guards in order to help close the
lads and monitor street closings.
:vised l/1l/99
3
: Cost
The cost for providing off-duty po/ice services is $20.00 per police officer per hour with a minimum of
three (3) hour shifts. The estimated fee for off-duty police services will be determined when the Special
Events Police liaison receives a finalized site map. Payments will be billed aCCOrdingly.
BARRICADES, STREET DIVISION 742-6200
The City will provide barricades at no cost contingent on avaIlability, unless the event requIres special
barricades for night street closures or re-routlng traffic. . Events requiring special barricade rentals shall
meet with a representative from the Public Works Department, Division of Streets, The Special Event
Police liaison, Special Events Section. The promoter shall be responsible for the rental of any necessary
barricades.
SANITATION DEPARTMENT 742-6200
All city grounds must be cleaned.of any debris resulting from your event. An exlr;l fee. will bEl charged If
any garbage Is left on site. Any event held on a street or any busIness right-of-way is responsible fot.
clean up and removal of debrIs from business steps and alcoves, and may be responsible for cleaning up
to two (2) blocks surrounding the evenl ~ea dependIng on the esllmatedattendance.
Dumpsters
Arrangements for dumpslers will be handled by the Special Evenls Team. The event promoter must
submil dumpsler needs in wrllll')g, InclUdIng a slle map, 10 the SpecIal Events Section no len than 30
days prior 10 the event. HowevElr, all dumpster fees incurred by the promoler Will be bRled after the evenl
by Ihe Sanltalion Department.
Dumpsler feeS are as foUows:
Dumpster Size Fee
4 yard= $28 per emptying 6 yard= $42 per emptying
AlI'fees are subject 10 change al any ilme withoul nollce.
8 yard: $56 per emptying
-oHet Facilities
Portable tollels may be reqUired for an event dependIng on the estlmatl!d attendance andava/lebillty of
public faellllies. The mInImum number of facilities should be one malelfema'e per 200 people per day.
The acquisition of and payment for portable toUels shall be the sole responsibility of the applicant.
Portable toilels must be on the flnallzed.site map in order to be ajlprtived. If necessary, the number
required will be delermIned by the Special Events Team leader. Toilet facilItIes shall be hand/capped
accessible.
RElCycling
Each evenlls encouraged 10 ulHlze Ilsbesl efforts 10 recycle malerlals.
FIRE SAFETYIEMS COVERAGE, Are Rescue Departmen1742-6600
If any event OCCUrs within the cfty limits, the Fire Rescue Departmenl must approve the site plan to assUre
adequale fire and emergencya~lIS prescribed by the FlreCode. The site plan musl be sLibmltted 30
days prior to the event to the Speclal,Evenls Secllon.. Each event Ullllzlng city streets must leeve a 15-
fool emergency access lane. The F/io Rescue Department will delineate lire and life safety requirements
depending on the nature and size of the evenl using approved codes and standards.
fEMS Coverage 742-6325
The Fire Departmenlls authorized to require employmenl of standby firefighters, EMS and/or Fire
Inspectors for evenls held wIthin the city. The Fire Chief will make the delerminatIon of the need for such
Coverage and the event promoter is responsible for calCUlating such charges incurred based upon the
den"rtment's costs including any administrative expenses.
tevised 1/11/99
4
. The rate is approximately $25 per hour/per personnel. Payments will be bifled accordingly.
SPECIAL EVENT PERMITS
The City of Boynton Beach City Code regulates all carnivals. circuses and special events when (heY are
on public property or require city services or facilities. Prior to the event, the following items are 'required:
Community Event Approval'
Zoning Approval
Proof Of Liability Insurance
City Carnival/Special Event Occupational License Tax
Stale Carnival license (When applicable)
Temporary Structure (tent) Permits
Temporary Electrlcel Permit
Restroom Facilities
Final inspections. from BuildIng, Electrical, Fire and State Carnival Inspector prior to opening, Police
Department notification requIred fO( traffic. safety and parking control.
OCCUPATIONAL LICENSE TAX, Occupational License Division of Department of Development
742-6360
Even though the special event itself pays an OCCupational license tax, II does not elIminate the
requirement of all the event vendors to be properly licensed. If the event vendor has a permanent
business location or branch office properly licensed in the city, no othl!l'/lcense tax Is due. If the event
vendO( does not have a permanent busIness location or branch office within the city, but holds a vaRd and
currently effective occupational license issued by the county 0( another Incorporated municipality, a copy
of license shall be made evallable to the City of BOyOton Beam
Carnivals and spec/al events have an occupational license tax rate schedule of $450 per eve.nt. Any
short term special event of one day or less and not requiring city servIces has an occupational license tax
rate schedule of $150 per event. Not for profit organizations are exempt frOm fees but must meet all
other requirements and fill out all paperwork.
FOOD VENDORS
If the food vendor has a valid and currently effective occupational license andStata of Florida Division of
Hotels and Restaurants license for their restaurant 0( other place of business. . then no other license 0( fee
is due.
If the food vendO( has a Division of Hotels and Restaurants approved mobile food vending unit 0( Health
Department approved mobile food vendlrig cart, then the vendO( must obtaIn a Patn'I Beam County
Mobile Occupational LIcense (561-355-2272). A copy must be submitted with spec/al event application,
If the food vendor is established speciflcally for the event and does not meet the previous two group's
criteria, then the vendor must contact the DivisIon of Hotels and Restaurants to obtain a copy of the
temROr!lry license to bli submitted with the application.
The special event occupatfonatllcense tax rate Is per event whim may be more than day. The city
individual vendor OCCUpational license expires September aOof each year. It Is the responslbPity of the
event promoter to inform the State of Florida [)ivislon of Hotels and Restaurents at (954) 958-5520 of
his/her eventl/mes, dales, number and type of food vendors.
rEMPORARY ELECTRICAL WIRING
ollents requiring electricity must hire an electrician, meeting the licensing requirements of 48S Florida
:tatule. The City of Boynton Beach will strictly enforce the requirements of the National Electrical Code.
emporary Wiring for all special events. Electrical permit application shall be submitted a minImum of two
1) weeks in advance of the event. This will allow for verification tha/allother required permits, licenses
nd insurance certificates have been obtained prior to the release of the permit. Application for electrical
3rmits can be obtained in the Building Division of Ihe Department of Development
,vised 1111/99 5
TENTING
BUILDING DIVISION OF THE DEPARTMENT OF DEVELOPMENT 742-6350
FIRE RESCUE DEPARTMENT 742-6325
Tents require a building permit and building inspections. This application shall be made to the BUilding ,
Division of the Department of Development.
If the event involves the placement of tents, the event promoter or tent representative will need to bring
the following to the Bunding Division for your application for permit. This permit application will be
reviewed for code Compliance.
Site plan indicating tent placement must be provided. Tent placement is not permitted within ten (10) feet
of any structure, or within 10 feet of an adjoining property line that Is not participating In the event .
Flame certificate for the tent or tents must be provided. All tents, booths or canopies used for COOking or
vending shall be of fire retardant material. This does not InclUde 10'x10' shade canopies for exhibitors.
TENT REQUIREMENTS FOR ASSEMSl YUSE
. A supplemental lighting system In ad~lIt/on to the regular system for emergency lighting Is required.
. A certificate of flame retardant fabric Is required to be provided to the authority havingJUrlsdlctlon,
. A confirmstOf}' field Inspection Is required atler the tent is erected .and prior to use by the pUblic to
confirm flame resistance.
.' The storage of flammable liquids or the use of combulltlb/e materials, not flame retardant treated. are
not permitted Inside the tent There will be no smoking or open flame allowed Inside the tent
. A methOd to provide for emergency communIcations shall be provided. .
. The ten-pound ABC fire extinguisher will be prominently displayed and persons operating the
assembly shall be trained.
. The public will be protected from trippIng hazards and all electrical connections shall be enclosed.
Inspection Costs
-"e code Inspections of the tent will take place prior to the event andbUled aCCordIng to the fOllOWing
ledule:
$25 per site
The maximum fee for fire code inspection of tents at anyone SPecial event shall not exceed $2,000.
DEPARTMENT OF DEVELOPMENT _ 742-6350
When the spectal events permit application 18 received by the Special Event Team, a copy will be
fOrwarded to the Fire Department and the Department of Development.
SPECIAL EVE," OPTIONS
,
Temporary Slgnage
Special civic event, recreational or expositional signs of a temporary nalUre. not to exceed seventy-five
(75) Square feet in area; whiCh are of genera, benefit to the community and which are individually
approved by the Director of Development. may be permitted. SuCh sl90ll shal, be located at SPecified
points for the convenience of the traveling public. The slgnssha/l be removed within five (5)days of the
=ompletlon of the event.
r 0 obtain approval the permittee shall submit a WrItten letter 30 days before the event date indicating the
~iZe, design andlocallon on a site map. . .
'vised 1/11/99
6
Directional Signage
Directional signs may be permitted on existing city signposts to direct traffic to the event site. Each sign
will require a seven (7) foot clearance between the bottom of the sign and the ground surface. The
Special Events Supervisor and the Department of Public Works must approve all directional signs. Utility
poles are not owned by the city, therefore approval must be received by Florida Power and Light'(I=P[),
Department of Transportation (DOT), Special Events Manager and the Department of Public Works as
follows:
. Submit an approval letter by FP&L Eleclrfc
. Contact DOT and complete application forms
. Provider a photocopy of design, size, color and make
. Provide approval fetter from DOT and receive approval by Specia' Events Manager and Department
of Public Works.
. Permittee is responsible for erecting slgnage no more than three (3) days in advance of event and
must dismantle all signs within two (2)' days after the event.
FEE SCHEDULE
Due Date Fees Conlacl
Services
Application, site map, sales Depends on catimated S35-CommerciallNon S~cial Events 742~222
taX certificate attendance - Refer to Page 2 Resident
. S25- Commen:iaIIResident
$20 .:. PrivatelNon. Resident
SI5 - Priviie/Resicleat
$10- Non-Profit
Site Map Submit with Application N/A Special Events 742~222
Refer to Page 2 I
Notification Letter 30 days prior to the event N/A Special Events 742~222
Refer to Paae 3
Police 30 days S20 per hour'minimum of 3 Police OepIInmeot 742~105
bra. ocr officer
Barricades 30 days Poaible rental f_ Refer to Street Divi$ion 742~200
P_4'
Du 30 days T....,;na feec $28 $42 SS6 Sooitation Division 142~200
Fire/EMS Coveralle To be determined _~N' S25 tier hour Fire & Life Safetv 142;.jS600
Occupational License 30 days Determined by Event Type - Dep8nmeot of Development 742~360
. ' Refer to Paae 6
Tent Pennit . 30 da:ys MiD. $35 up to S3000 then Department of Development 142~370
1.6%oC value
Tent /ospections Day of the event $25 per site Fire Depanmeot-FIre It Life Safety
. 742-6600
Temporary Electric Penoits 4 days prior to the event Min. S35 up to $3000 lheo Dep8nmeot of Development 742~370
1.6% of value
Signs 1 days before event Sign permit fee may be Department ofDevelopmenl742~370
reouired
Special Event Penoil Fee 14 days $lOO-CommerciallNon Special Events 142~222
Residenl
S15- CoDllDCfCiallResident
SSO -:- PrivatelNon. Resicleat
$25 - PrivatelResident
S 10 - Noo-Protit
SecurilV Deposit 14 davs SIOO-Refer to P_2 SDecial Events 742~222
Copy of Liauar License 1da"" NlA SoeeiaI Events 142-6222
CODV oC Food Pennits 7 days N/A S"""ial Bvents 142-6222
Ihsul1lllCe Certificates .14days N/A Soeclal Events 142-6222
tevised 1/11/99
7
Please type information or prim legibly in dark ink.
Application must be tilled our Completely: A detailed site map showing aU temporary structure locations (sljlg~, :
restrooms, signage, 1en1J, etc.) must be attached. Application fee must also be included when application is lUrned
in 10 theSpecial EVenlJ Section or it wiU not be reviewed.
CITY OF BOYNTON BEACH SPECIAL EVENTS SECTION
APPLICATION FOR SPECIAL EVENTS
'.
EVENT PROPOSAL
Name of Event
Detailed description of lbe event
Request location of event
Alternate location of event
Dates and times of lbe event
Event Day I
Event Day 2
Evenl Day 3
Event Day 4
Event Day S
Date
Day
Begin
OAMOPM
o AM 0 PM
OAMOPM
OAMOPM
OAMOPM
End
OAMOPM
OAMOPM
OAMOPM
OAMOPM
OAMOPM
Set up for event wlll begion on
Breakdown wiD be complete by
1=
I~':
Alternate date for your event
I
Organization (s) Producing /lvent
Name
Address
City .
'att:lZiJ>
,lOne
fu
Name
Address
CIty
StlIteIZij)
Pbone
Fu
IlIdividuaI(s) ~ible
Name
Address
CitY
SIIIeIZiD
Phon.
fax .
Name
Address
: City
SlIIdZip
: Pbone .
Fax
Pi.... state Non-Profit, Private or Ccmmor:ria.I
Tax Exempt Number
ColpOntjon Name
Oal. of IncolpOntjon (PI.... attach a copy of your sales tax
cortiticatlHoth. application.
Pwpose of the event (Goals, etc.)
=
1Wn>~ of y.... this eVool bas taken place in the City of
Boynton Beach. . .
I( oy full time statrmembers in the organization?
e"'sed 1/11199
If yes, what cities?
s eVent produced in other ciities?
V oluntcers?
8
CITY OF BOYNTON BEACHSPECIAL EVENTS SECTION
APPUCATION FOR SPECIAL EVENTS
Estimated number of participants
Please list charges for participants and viewers below (admission, registration. or entrance fees)
V codor Fees
Food Vendors
Art Vendors (other)
Number
Cost Per Vendor
Estimated Revenue
TicketslRcgistration
Number
Cost per
TicketlRegistration Fee
Estimated Revenue
Adults
Children
Seniors
How will these revenues be utilized?
lithe proceediofthe requested event are intended for an organization other than the .pplican~ please provide the following
information:
Benefiting .organization:
Address:
CitylStaI<o'Zip:
Contact Person:
Phone:
Terms of Agreemenr:
Total Estimared Donation:
Event Logistics:
Will your event require road elosllfC?
If yes, please describe requested streets and limes below:
A map ofthi. area must be at13ched
Does the proposed area include fenced areas? _ If yes, clearly indicate the exacr areas to be fenced on the map. There
are specific requirementS regarding fencing on city property.
Wdl event require the use of electricily'l
o YES 0 NO Location:
Events requiring electricity must hire an electrician, licensed in the City of Boynton Beach. (please show locations on map)
Name of Electrician
Company Name
Phone No.
The event promoter is RSpoIIsibJe for clean-up of all evcol siles. The City ofBo)'Dton Beach will provide dumpsters for your
event at your request, all dumping fees will be charged to the promoter by the city. If ev..1l site is nol cleaned thoroughly,.
clean-upcbarge will be .....sed. Who will.provide cleon-up service during and after the event?
Company:
Number of durnpsten needed;
Phone:
Location (please show on map):
Number of temporary restroom facilities being placed:
The minimum number oft8cilities should be one per 200 persons. Please show on locations map)
Ifill music be provided
OYESONO
Number of loud speakers:
DATE
TIME OF DA Y
TYPE OF MUSIC
R
t=l
vised 1111/99
9
. WUJ ocveragcs be served'! 0 Alcohol 0 Food
(please indicate the locations of these area/booths on the site map. Permission 10 sell alcohol on public property must be given by
the City Commission.) .'
Are you utilizing public transportation? 0 YES 0 NO
How? Please explain.
Are you proposing to place signs or er~1 banners on public property?
Will any temporary structures be erected (stages, tents, tickel booths, ere?
(Indicate their locations on site map)
OYESONO
OYESONO
Will the event have any vendorS or concession sales?
o YES 0 NO Please indicate
Will the event include amusement rides?
OYESONO
If yes. company
providing the
equipment
What amusement rides are planned?
(All amusement rides must be approved 'by the state. Please indicate on site map)
SignatuR
Please enclose a non-reftmdabfe SlS application fee payable 10
The City of Boynton Beach
Special !lvenlS Offiee
100 E. BoyalDR Beach Blvd.
BoynlDD Beach, FL 334lS-03 f 0
(561) 742~222
FOR STAFF USE
ONLY
J SITE MAP
o SALES TAX
CERTIFICATE
Date
DATE APPLICA nON RECEIVED
OAPPUCAnONFEE AMOUNT: S
RECEIVED:
DATE:
NAME ON CHECK:
CHECK II:
APPROVALS:
DEPAR'IMENT OF DEVELOPMENTS
SIGNA TIJRE
DATE
DATE
DATE
DATE
DATE
DATE
10
FIRE DEPAR'IMENT
SIGNA TtJRE
POLICE DEPAR'IMENT
SIONATIJRE
. RlSK MANAGEMENT
SIGNATIJRE
PUBLIC WORKS
SIONATIJRE
~lIRE SERVICES
Revised 1111/99
SIONATIJRE
City of Boynton Beach Special Events
Boynton's G.AL,A
Third weekend in March
Friday, Saturday & Sunday
Live concerts, foot, arts & crafts, Kids Komer
Information: (561) 742-6222
Boynton Beach Breakfast In BoyntonlGreenMarket
Saturdays, November - April
'nformatlon: (561) 742-6222
T.N.T. Concerts
Boynton Beach Oceanfront Park
FREE Monthly Concerts January, February, May, June, July, August, September
6-9P.M.
Information: (561) 742-6222
July 4'" BIg Blast
Boat Club Park
Informalfon: (561) 742-6222
HolldillY Parade
December 6. 1998 3:00 p.m.
US 1 from Ocean Avenue to SE 12'" Avenue
Marching Bands, Floats, Clowns and Morel
Pre-parade entertainment at 1 :3a' p.m. at the reviewIng stand at US1 & SE 2"" Avenue
Information: (561) 742-6222
Black Awareness Day
FebriJaIy
Presentations, Gospel, Music, Concerts, Outstanding Student RecognItion Program, Food, Music and
DisplayS Celebrating Black HIstory
Information: (561) 742-6222
vised 1111/99
11
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VIIJ. Events and Venues
The Slack Awareness Celebration is held in the month of Februa
year. As of the most recent year (2000), there were-eleven (11) I
that make. up the celebration, wrapping up with a daylong event c
Saturday of the montH. In our research, we found there to be gOI
attendance and appreciation for the events held. In 2000, the Cc
Challenge was added as a new event. As with any new event, th
participation was/ess than desired. That committee has recommi
efforts to increase partiCipation and hold the event at a time that (
conflict with another event.
The conflicts between when an event is held were discovered dUl
research; It became clear that in order to get the maximum partic
an event could not compete with another held the same day and 1
Making a guest choose between events diminishes the revenue c
attendance (or both).
The Consultants condUcted brainstorming sessions during the COI
and committee meetings and asked, .What is missing at Black
Awareness"? The result of these sessions is recorded in the word
participants. (see Exhibit # 9 - What's Missing?)
Remedy/Recommendation:
· Research the various events listed in exhibit # for feasibility,
effectiveness and the ability to generate revenue.
· Develop criteria to add or remove an event during Black AWl
(Le. profitability, location, vOlunteers).
· Research one or two new events to incorporate each year.
· Conduct a cost analysis for new events considered.
· When an event is. added, coordinate with the Volunteer and
Sponsorship vice chairs on the feasibility of adding the even
IX. Geography
Can New Locations Bring New Opportunities?
The Black Awareness events and celebration have been held in the 'same
locations for several years. Our research indicates this is partially due to
availability, how cOnducive the facility is to the event and cost restrictions.
It makes sense to hold the basketball tournament at the Hester Center
because this location is designed for such an activity. On the other hand
events such as the Youth Recognition Luncheon or Gospel-O-Rama can
and should consider alternative sites.
The rational for considering new locations/event sites is 1) to increase
attendance, 2) increase revenue, 3) diversify the audience and 4) increase
the potential for sponsorship/underwriting.
During the committee and community meetings, participants were asked to
brainstorm on possible locatiOns for the events currently held. Participants
were also asked to identify locations based on new events/activities. The
result of these sessions is recorded in the words of the participants: (see
Exhibit # 10 - Geography)
Remedy/Recommendation:
The consultants suggest that during the Committee Retreat held in 2001,
the committees incorporate a system for event evaluation for the 2002
celebration that sets criteria for growth and success. The process should
include:
· Research the various locations listed in exhibit # for feasibility, cost
effectiveness and availability.
· Develop relationship with property owners that meet the event
criteria.
· Evaluate the potential for new sponsors at it relates to new event
sites.
· Develop an operations site map.
· Develop a lost of businesses that can offer new event sites.
Black Awareness - Geography
Black Awareness Meetinl! 8.2.00
Brainstorm Session wi committee
members
churches - citywide
golf course
tennis center
parks
green space
cultural centers
Black Awareness Community
Meetin!! 8.15.00
None listed
Black Awareness ,Community
Meetin!! 8.22.00 Civic Center
Citywide
~chools
~ibrary
City hall in the Mall
City hall
Senior center
. Black Awareness Meetin!! Hester
Center 8.30.00
Golf course
(tournament/entertainment),
Beach (concertXI60 + 49 auto spaces)
Library, Museum. City hall + in the
mall, the Mall, Parks, Block Party,
Football field, Downtown
Black Awareness Communi~_
Meetinl! 9.6.00 - Head Start
'."'-' :
Cheny Hill, Wilson Center, Beach,
Mall, Boat Ramp, Civic Center, Flee
Market, Sarah Sims Park, Hospital,
Pioneer Park, Ocean Av., Seacrest
Av. between Boynton & Gateway,
Boat C14b, Meadows Park, Senior
Center, church, school. (transportation
is an issue)
Black Awareness
Community Meeting
Bible Church of God 9.26.00
Parade route - along Seacrest to
City Center.
Central Location
Little League Park - Cemetary
IntercoaStal Park
Public Links (golf course)
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x. Event Schedule
Sectic
The scheduling of events is the primary function of the person or I
in charge of event operations. The City staff plays 'a major role
function and reflects the system sometimes used with municipal P
the utilization of staff time in an efficient manner.
II. Visic
At the
staten
furthe
.
The four weekends in February af/ow for events to be held withou1
In 2000, the Black Awareness events were grouped in a way that
patrons to choose what event to support. For example on Saturda
121h, both the Corporate Challenge and Youth Recognition LunchE
held. On Sunday the 13th, Gospel-O-Rama and the Corporate Ch
competed with each other for support,
III.Th
Optif
Kee~
othel
is thE
musf
The correct way to analyze the schedule is that there are not simp
weekends, but eight (8) separate days in which to hold events. 01
committee meetings the Consultants brought this fact .tothe attent
the members. As a result, the event schedule for 2001 utilizes the
days and allows patrons to experience each event without conflict
for the basketball tournament).
Remedy/Recommendation:
Opti
Mod
intel
reflE
visic
Opl
ACI
prir
mo'
the
me
. During the post-event planning process, analyze the partiel",.
revenue figures to determine the feasibility of existing event
scheduling.
. Develop a system to incorporate new events and locations (~
Remedy under Section VIII; Events and Venues)
. Develop criteria to incorporate Black Awareness activities int
City events.
Th!
COI
or~
'. IV. Relationship with the City .
· Address the below listed items in a Slack Awareness Committee retreat.
· Identify the key services presently supplied/performed by the City.
· Determine additional needed services provided by the'City. '. .
· Determine the value of the services' provided by the City.
· Development of a sponsor relationship
· Follow the recommendations listed in Committee Structure
(Section V)
V. Committee Structure
· Adoption of a standard governance procedure - Robert's Rules of
Order.
· Election procedures for Chair and Vice Chait (See Exhibit # 5).
· Develop POlicies that enforce committee procedures.
· Identify and Recruit the .skills. needed to fill the Key Sub-Committee
s/ots- Sponsorship. Volunteer and Finance.
· Develop a Slack Awareness committee member application and
database.
· Rep/c;ice Events Sub-committee Chairs currently occupied by City staff
with qualified community. members.
· Develop a strategy for volunteer recruitment.
· Develop a volunteer recognition program.
· Obtain an IRS, 501(c) 3 Not-for-Profit Application.
VI. Black Awareness Celebration General Budget
. Identify and Recruit the "skills" needed to fill the Finance Sub-
Committee Chair position.
. Development of overall Budget format.
. Develop suitable revenue generators for each event.
. Develop a Strategy for an exclusive revenue generator for Black
Awareness Day.
. Develop a financial tracking system (charts and graphs) that depicts
growth trends, revenue and expenses.
. Develop a system of financial record keeping (financial history data
base).
. Develop a strategy for rate of growth (forecasts and projections).
VII. Black Awareness Celebration Operations
. Follow the City's Special Event Application procedures.
. Establish the Committee Chair as the person responsible for overall
operations (with support from designated sub-committee chairs).
. Develop a site map for each event and Black Awareness Day.
. Develop a system for vendor location (priority).
. Conduct a post-event evaluation of all operations.
. Conduct a visitor survey.
. Research and develop a system for alcohol permitting and sales.
. Compile a list of potential sponsors.
. Set a sponsorship goal for the 2002 Black Awareness Celebration.
. Research and develop an entertainment criterion.
. VIII. Events and Venues
· Research the various events listed in exhibit # for feasibility, cost
effectiveness and the ability to generate revenue.
· Develop criteria to add or remove an event during Slack Awareness
(i.e. profitability, location, volunteers). ... .. .
· Research one or two new events to incorporate each year.
· Conduct a cost analysis for new events considered.
· When an event is added, coordinate with the Volunteer and
Sponsorship vice chairs on the feasibility of adding the event.
IX. Geography
The consultants suggest that during the Committee Retreat held in 2001,
. the committees incorporate a system for event evaluation for the 2002
celebration that sets criteria for growth and success. The process should
include:
· Research the various locations listed in exhibit # for feasibility, cost
effectiveneSs and availability.
· Develop relationship with property owners that meet the event
criteria.
· Evaluate the potential for new sponsors at it relates to new event
sites. .
· Develop an operations site map,
· Develop a lost of businesses that can offer new event sites.
x. Event Schedule
. During the post-event planning process. analyze the participation and
revenue figures to determine the feasibility of existing event scheduling.
. Develop a system to incorporate new events and locations (see:
Remedy under.Section VIII. Events and Venues)
. Develop criteria to incorporate Black Awareness activities into other City
events.
XII. Timeline
Year One - 2001
Develop and implement new event organization (see chart)
Nominate and elect Chair (co-chairs) and Vice Chair fot event
Revise event expense and disbursement documentation
Begin process to recruit n19w volunteers
Revise scheduling of events to take place before BA Day (exclude
basketball)
Expand Black Awareness Day 1 hour (close at 7:00 p.m.)
Hold post event retreat to evaluate 2001 event and plan for2002.
-, :
Year Two - 2002
Review 2001 accomplishments (all areas) - re-address missed goals
Determine permanent name for event.
Develop site plan for Hester Center
Review and increase SA budget (contingent upon 2001 revenues)
Fill vaeant sub-committee chair block With entertainment and promotions
Set and attain sponsorship goal and benefits
Identify potential sponsors for all events
Identify revenue generators for all events
Utilize fields behind Hester Center for vendors
Expand Black Awareness Day 2 hours (close at 8:00 p.m.)
Identify entertainment sponsor(s) for 2003 concert
Apply for nonprofit corporation status in the State of Florida.
Hold post event retreat to evaluate 2002 event and plan for 2003.
Year Three.... 2003
Revise site plan - implement new event foeation(s)
Develop a entertainment and promotions plan for next 2 years (include
budget)
Assess status revenue generators for all events
Secure entertainment nne-;up for concert
Utilize fields behind Hester Center.for music concert
Add one Black Awareness event to other City cultural event
Implement City special event procedures in operations.
Apply for 501 (c) 3 status with Internal Revenue Service
Hold post event retreat to evaluate 2003 event and plan for 2004.
Year Four - 2004
Utilize two new geographic locations for Black Awareness
Expand entertainment lineup
Expand Black Awareness activities to other City events
Refine sponsorship categories and benefits
Monitor Internal Revenue status of nonprofit application
Hold post event retreat to evaJuate2004 event and plan for 2005.
'XIII. Conclusion
The City of Boynton Beach Black Awareness Celebration is twenty years
young at the time of this report. The original intent of bringing the
community together by way of a special event has been accomplished. o. .
The degree of success of that intent ranges from exceptional to so-so
depending on whom you speak to in the community.
The purpose of the Consultants involvement in the strategic plan is to
solidify the intent of bringing the community together in celebration of
accomplishments of African-Americans while sharing the culture of other
groups in the process.
The information within this plan serves as a guide to strengthen the
committee, increase revenues while holding expenses and increasing the
participation by each resident in all aspects of the celebration. This plan is
a livina document and must be referred to each year to track the progress
of implementation and incorporate necessary improvements to the
process.
There is reference in the Remedy/Recommendation'sections to a
committee retreat to evaluate the event (success and failure) and plan for'
the next year's event. The retreat is a valuable tool used by the most
successful event organizations in the world. The recommendations set the
standards that Black Awareness must follow to become the premier event
in South Florida.
The three overriding goals that will be reached by utilizing this plan are; 1)
The Black Awareness Celebration will grow, gain efficiency and diversify 2)
Black Awareness events will be cross-pollinated into other activities and
Elvents held within the City and 3) .kAwarenesswillbecome an
independent se/f-sufficU:int non-pro8torganization in five years.
Accomplishing these goals will take considerable cooperation, teamwork
and resources. Based on the Consultants observations, there is nothing
standing in the way of reaching these goals. .
The City of Boynton Beach Florida can be proud of the diversity, drive and .
commitment of its' residents to make this city a destination through special
events. With commitment, the Black Awareness Celebration will become
the catalyst in attracting visitors that will'positively impact the economy of
this great City.
',..j>
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r-
rx. - CITY MANAGER'S
~EPORT
ITEM C
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl! Dates in to Citv Clerk's Office Meetin2 Dates in to City Clerk's Office
D August 1,2006 July 17, 2006 (Noon.) D October 3, 2006 September 18,2006 (Noon)
D August 15, 2006 July 31, 2006 (Noon) D October 17, 2006 October 2, 2006 (Noon)
D September 6, 2006 August 14,2006 (Noon) ~ November 8, 2006 October 16, 2006 (Noon)
D September 19, 2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon)
D AnnouncementsIPresentations ~ City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consenl Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDA nON: Review of proposed revisions to Ihe 2006/07 CIP, including the transfer of $2.5 million from the
General Fund 10 initiale work for the Boundless Playground.
EXPLANA nON: This is a follow-up 10 the CIP discussions thaI were part of the 09/19/06 Public Budgel Hearing
concerning sufficient CIP funds for Intracoaslal Park Clubhouse and Wilson Park Complex, as well as a funding source 10
initiale the developmenl of the Congress Avenue Boundless Playground. AI thaI time a member of the commission proposed
the use of unreserved fund balance in the General Fund to inilially slart the developmenl of the Boundless Playground, with
future additional funding coming from granls and donations. The recommendalion was 10 transfer $2.5 million in 2006/07
from the General Fund 10 help start of this projecl.
PROGRAM IMPACT: These revisions will provide adequale funds for the construction of Intracoastal Park Clubhouse and
Ihe Wilson Cenler Complex, and will allow for the inilial work 10 begin on Ihe firsl phase of the Congress Avenue Boundless
Playground.
FISCAL IMPACT: The expenditure revIsIons for Intracoaslal Park Clubhouse and the Wilson Park Complex are
accomplished wilhin the lolal adoPled 2006/07 CIP Fund appropriations of $30,236,186. However, the transfer of $2.5
million in 2006/07 from the General Fund can only be accomplished through the adoption of a budgel arnendmenl resolution
increasing the lotal 2006/07 General Fund appropriation by $2.5 million. This is allowed under Florida Statule 166.241 (3)
which reads as follows:
The governing body of each municipality at any time with a fiscal year or with up to 60 days following the end
of the fiscal year may amend a budget for that year as follows:
(a). Appropriations for expenditures within a JUnd may be decreased or increased by motion recorded in the
minutes, provided that the total of the appropriation of the fund is not changed.
(b). The governing body may establish procedures by which the designated budget officer may authorize certain
budget amendments within a department, provided that the total of the appropriations of the department is not
changed.
(c). If a budget amendment is required for a purpose not specifically authorized in paragraph (a) or (b), the budget
amendment must be adopted in the same manner as the onOginal budget unless otherwise specified in the charter of
the respective municipality.
S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES: Since the estimaled 2006/07 ending fund balance in Ihe CIP Fund is projecled to be in excess of $14
million, any expenditures incurred during 2006/07 for the Boundless Playground conld be cash flowed through existing CIP
reserves and Ihe transfer of funds from the General Fund conld be properly budgeled for in 2007/08 aod transferred afler
10101107. 's would allow lime to as ess the success of fundraising efforts for this projecl aod determine the true funding
shortfallforlh ~ect. ~
City Manager's Signature
Assislant 10 City Maoager
~
F mandaI Services
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
IX. - CITY MANAGER'S
REPORT REVISED RESOLUTION
ITEM C
I RESOLUTION 06-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AMENDING THE FINAL BUDGET FOR THE
5 FISCAL YEAR BEGINNING OCTOBER 1, 2006, AND
6 ENDING SEPTEMBER 30, 2007 BY INCREASING THE
7 GENERAL FUND APPROPRIATION TO $74,840,414.00
8 AND TRANSFERRING $2,500,000.00 TO THE CIP FUND
9 FOR THE BOUNDLESS PLAYGROUND PROJECT;
10 PROVIDING FOR SEVERABILITY, CONFLICTS, AND
II AN EFFECTIVE DATE.
12
13 WHEREAS, a final budget was approved by the City Commission on September 19,
14 2006, for the 2006/07 fiscal year; and
15 WHEREAS, as a follow-up to the CIP discussions that were part of the Public Budget
16 Hearing the recommendation was to transfer $2,500,000.00 from the General Fund to help
17 start the development of the Boundless Playground.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
19 THE CITY OF BOYNTON BEACH, FLORIDA:
20 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
21 true and correct and are hereby made a specific part of this Resolution upon adoption hereof
22 Section 2. That the final budget of the City of Boynton Beach, Florida, for the
23 fiscal year beginning October I, 2006, and ending September 30, 2007, is hereby amended
24 and increased by $2,500,000.00, providing for a transfer of $2,500,000.00 in 2006/07 from
25 the General Fund to the Capital Improvement Fund for the Congress A venue Boundless
26 Playground project.
Section 3.
All delinquent taxes collected during the ensumg fiscal year as
27
28 proceeds from levies of operation millages of prior years are hereby specifically appropriated
29 for the use of the General Fund.
30
Section 4.
If any clause, section or other part of this Resolution shall be held by
31 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
32 or invalid part shall be considered as eliminated and shall in no way affect the validity of the
33 remaining portions of this Resolution.
S:\CA\RESO\Budget\2006-07 Budget\Final Budget Sept 2006 Amendment.doc
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Section 5.
If any clause, section or other part of this Resolution shall be held by
2 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
3 or invalid part shall be considered as eliminated and shall in no way affect the validity of the
4 remaining portions of this Resolution.
5
Section 6.
All Resolution or parts of Resolution in conflict herewith are hereby
6 repealed to the extent of such conflict.
PASSED AND ADOPTED this ~ day of November, 2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
S:\CA\RE.~O\Budget\2006-07 Budget\Final Budget Sept 2006 Amendment.doc
2
Qr
y
The Ci~y of Boynton Beach, Flori.da
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Finance Administration (561) 742-6310
Fa,,, (561) 742-6316
MEMORANDUM
TO: Kurt Bressner
FROM: Bill Mummert '?fA
DATE: October 19, 2006
SUBJECT: Updated 2006/07 CIP
Attached are the proposed revisions to the 2006/07 CIP Budget. These revisions allow us to stay
within the total 2006/07 CIP Budget allocation of $30,236,186 that was adopted by the City
Commission on September 19, 2006 while providing adequate funding for Intracoastal Park
Clubhouse, Wilson Park Complex and the Congress Avenue Boundless Playground.
Now that bids have been opened for both Intracoastal Park Clubhouse and the Wilson Park
Complex, this revision reflects the anticipated cost of these projects. The construction contract
for Intracoastal Park Clubhouse is $3,406,700, including a 10% contingency, and the low bid for
the Wilson Park Complex is $6,753,000, including a 10% contingency. Therefore, an additional
$1,100,000 has been added for the Intracoastal Park Clubhouse project and an additional
$379,000 has been added in 2007/08 for the Wilson Park Complex project. To accommodate
these revisions, the Communication Equipment Upgrade ($1,700,000) has been moved to
2007/08 and the development of Girl Scout Park has been moved from 2009/1 0 to future years
(2010+).
Per the direction of the City Commission at the September 19 Public Budget Hearing, a
$2,500,000 transfer from the General Fund is shown as a revenue source in CIP for the 2006/07
fiscal year. These funds would be allocated for Phase I development of the Congress Avenue
Boundless Playground. Since this transfer of funds was not originally included in the adopted
2006/07 General Fund budget appropriations of $72,340,414, the Commission would have to
adopt a resolution amending the 2006/07 General Fund budget and increasing the total
appropriation to $74,840,414. If the Commission wishes to transfer the funds in 2006/07, the
budget amendment resolution can be adopted at any time during the fiscal year. However, since
the CIP has a projected 2006/07 ending fund balance in excess of$14 million, there are sufficient
reserves to cash flow this project during 2006/07 and transfer the funds from the General Fund in
2007/08. The transfer could then be included in the 2007/08 General Fund budget during the
budget process, eliminating the need for a 2006/07 budget amendment resolution.
If you have any questions, please let me know.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XI. - NEW BUSINESS
ITEM A.
Requested City Commission Date Final Form Must he Turned Requested City Commission Date Final Form Must be Turned
Meetine Dates in to City Clerk's Office Meetinll Dates in to City Clerk's Office
0 August I, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18, 2006 (Noon)
0 August 15,2006 July 3 J, 2006 (Noon) 0 October 17, 2006 ~tober2.2006 (Noon)
0 September 6, 2006 August J4, 2006 (Noon) [8J November 8, 2006 Octnber 16,2006 (Noon)
0 September 19, 2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative [8J New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Select Voting Delegate for the National League of Cities Congress of Cities and Exposition in
Reno, Nevada December 5-9, 2006
EXPLANATION: As a direct National League of Cities member, the City is entitled to vote at the Annual Business
Meeting, which will be held on Saturday, December 9, 2006. Based on population, the City of Boynton Beach can cast two
votes. To be eligible to cast the City's votes, a voting delegate and alternate must be officially designated. Both Vice Mayor
McKoy and Commissioner McCray are attending the National League of Cities Congress of Cities and Exposition.
PROGRAM IMPACT: Selecting a voting delegate will allow the City of Boynton Beach to vote on important NLC issues
at the Annual Business Meeting on Saturday, December 9, 2006.
FISCAL IMPACT: (Include Account Number where funds will come from.) N/A
ACTIONA""', "" C',o"",.". O~,' ~"" ..'" "','w _.~
Department Head's Signature City Manager's Signature
Assistant to City Manager ~
Department Name
City Attorney / Finance
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
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National League
of Cities
1301 Pennsylvania Ave.. N,W
Washington. DC 20004~17fi3
2026263000
fax. 202626-3043
www,nlc.org
2Oll6Ofticers
President
James C. Hunl
Councilmember
Clarbburg, Wesl Virginia
Fif5f VtcePresident
Bart Petefson
Mayor
Indianapolis. Indiana
Second VtcePresidenr
Cynthia McCoJlum
Council Member
MadisOfl,Alabama
Immediate Past President
Anthony A Williams
M"Y'"
Washington, DC
Executive DirecfDf
DonaldJ BOM
fl.eq!;lroPapl)r
October 24, 2006
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MEMORANDUM
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IU UL NOV - I 2006
i ellT\ / ~-;'''.~-~-'!-;:'~'--;:'::-
tlillIVi!,i~hlJtK S C'FFir'c i
-----!...---.:~~J
TO:
Direct Member Cities
FROM:
Donald J. Bomt, Executive Director
SUBJECT:
Congress of Cities Voting Delegates
The National League of Cities Annual Business Meeting will be held on
Saturday, December 9, 2006, at the conelusion of the Congress of Cities and
Exposition in Reno, Nevada, As a direct member city, your city is entitled to
vote at this meeting. Based on population, each member city casts between
one and twenty votes. The number of votes for each population range can be
found on the table on the reverse of this memorandum.
To be eligible to cast a city's vote(s), a voting delegate and alternate must be
officially designated by the city using the attached credentials form. This
form will be forwarded to NLC's Credentials Committee. NLC bylaws
expressly prohibit voting by proxy.
At the Congress of Cities, the voting delegate must pick up the city's voting
card at the credentials booth before the Annual Business Meeting and must be
present at the Annual Business Meeting to cast the city's vote(s). Alternates
should visit the credentials booth before the meeting to pick up their stickers
which identifY them as alternate voting delegates. The credentials booth will
be open throughout the Congress of Cities.
City elected officials should be made aware of [his request so that decisions
can bc made as to who will be the voting delegate and alternate(s). Please
return the completed form to NLC by fax at 202-626-3043 on or before
November 15, 2006, and keep the original for your own files. If you have
any questions or concerns, contact Ken Rosenfeld, NLC policy manager, at
TOsenfeld@nlc.org or 202-626-3 I 94.
Thank you.
Pm P,e$;dents: ClarelH:e f. AIltbClllJ. Mayor, South Ray, Ilmida . Jobll o.5tefllRo. Jr.. Maym, New Il;lYen. Conm'Chcul . William H. thHJn....lH. Mayor,hiWll or Chevy Cha$~. Maryland. Sha'fE' JaJlles.
MilYor, Newark, New Je(~ev. Dri,," J. O'Nerfl, Councilmiin, Philaop1llhia. Penllsyhiania. OiTffCfD1S: R. Michael Atop. [~eculi"e DircclO1, Virginia Munit:ipoll~"gLW. TOIItIIlY Bahl. Aldeml3n, Osrrola, A,k~nsa~
. Vicki Barllett. MaYOl, falminglon Hills. Mrrhi!)iln. ThMl8S BTedeweg. ueculive Di;eclor. Iowa le"'!Jur of t:ities. Hon Cilmpc>s. Couocilmffilbel, San JD,e. California. Tbom.as Carlsell, Mayor. Sjllillglir.ld
Missouri. James tODlkls, Couocil Cllair. SWIll BUjlinglUn, V(>1mo~l. Josepll DIlIIlIJds911. Mayor. 113<]SI311. AlIJona. Ted EMis. Ma-yOl, B1uftton,lndialla. MaIliil Epie. COllntil Member. ~r Hill. Texas - MiIlJgil~el
F"tuJay, Mayco-, Duaile, California. Edtty fmd, Mayor, Fanagut. TEnnessee. 0-, GI$J!Il!, beculj~e Oileclm, mlahoma Municipal (eagur., 1m:. . &iIrJ ",&baa, Mayor. (HaliCKI. llIioois . MatlIIew G.rlllte,.
Executille Oireclor.lrKliaoaAssocialroool Cili~ and lowns ..rIlllKigdon,hecutiveDirectOl, Gerogia MunicijlalA.lsociati01l.CUrlesttupes,CO\lOCil f'lesidenl. fiary.lndiaoo. ~Jeltrc,.becutiveDileclor
VermonlleagueolCititlSandTOWtlS.MiJfIhlJo.tes. CouocilMeffiber, Conyers, Georgia" Ranlll lD'l'mdfe. Ma)OI. Rivefside. Calilomia. ~MaRtini.-CounciImal-AI-large. Enfield,Cooflectiwl. Marei.
Marcou.Cooocilmember, f\oches1er. Minnesota. Midlael ~,,,.., Maym, Medlord. Massachusetts. JaMS Mikllell, Jr.. Courcil MembeI. Charlotte. t-klrlb Carolina. Darryl Mou. May<lf. D-eedmool. t-ffirth
Caro~oo "Ell 0aJrley, Com::~member, Dallas,Texas. James PerfrillS, Jr~ MayoI. Selma. AfalJama" Bit.... Raltc. Couocilman. 6r~'l!naoes, Flofida.. DDftjt ftet4er.Mayor. Seminole. Florida. Julie Mer!!
Robis.oll. Countil Member AI-Large. Cary. North Carolioa . RclII SdlJnitt. Council Member. Sparks. Nevada" SIlif\eJ Scott,. Couocil Member. locson. ArizOll3 ..A-. SJ.1air, Couocil Membe~ Columbia. Sowh
Carolifla. Wa....St;DWJOIl.COurn:iIMember.lO\leland,Colorado..CoMrie~Executiverm-eclor.NortbDakotaleagueofCities..ItnS1robcek.E.wroriveOireclor. league 01 ArilOll3 Cit;es and
Towru . tllarfeta T8Dl1l$, Council Member. Coh,mh~, Ohio .lprte WIlatn. Council Woman, Casper, Wyominq. JaGqtIU 'WiQinllm. Council Member, le~inghm, Kl'Illucry . EveIyIl ~ Councilor
Columbus, Georgia
NATIONAL LEAGUE OF CITIES
2006 CONGRESS OF CITIES
RENO, NEVADA
Number of Votes -. Annual Business Meeting
Direct Member Cities
Article IV, Section 2 of the National League of Cities bylaws specifies the number of
votes that each NLC direct member city is entitled to cast at the Annual Business
Meeting at the Congress of Cities. Member cities are required by the bylaws to cast
unanimous votes.
CITY POPULATION (per 2000 Census) NUMBER OF VOTES
Under 50,000 I vote
50,000- 99,999 2 votes
100,000- 199,999 4 votes
200,000 - 299,999 6 votes
300,000 - 399,999 8 votes
400,000 - 499,999 10 votes
500,000 - 599,999 ]2 votes
600,000 - 699,999 ]4 votes
700,000 - 799,999 ]6 votes
800,000 - 899,999 ] 8 votes
900,000 and above 20 votes
..-
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XII. - LEGAL - 1st Reading
ITEM C.l
J
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Coomnission Date Final Form Must be Turned
Medini': Dates W to City Clerk's Office Meetm~ Dates in to City Clerk's Office
0 August 1,2006 July 17. 2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon)
0 August )5, 2006 July 31, 2006 (Noon) 0 October 17. 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) ~ November 8. 2006 Octobcr 16, 2006 (Noon)
0 September 19,2006 September 5, 2006 (Noon) 0 November 2 t, 2006 November 6, 2006 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative [J New Business
AGENDA ITEM 0 Consent Agenda f&1 Legal
0 Code Compliance & Legal Settlements 0 Unftnished Business
0 Public Hearing 0
RECOMMENDATION: Direct the City Attorney to prepare an Ordinance reqniring Board memhers to disclose
f conflicts of interest over and above the disclosure requirements imposed by State Statute.
EXPLANATION: State Statutes require that members of the City Connnission and City Boards disclose business
relationships which rise to the level of providing a monetary gain and also prohibit, in most cases, City Connnissioners or
Board memher.> from voting on matters which meet or exceed that legal tIneshold. The City Attorney has previously provided
a memorandum to the City Connnissioners which concludes with the opinion that the City can have more stringent disclosure
requirements than those provided by State Statute. Connnission direction is requested to determine if the current State
requirements are sufficient or if the City should impose additional disclosure requirements. To facilitate the Connnission's
review of this issue a draft Ordinance is attached. The Ordinance can be revised prior to fust reading to expand or contract
the conditions which would give rise to a voting conflict. .
l'ROGRAM IMl' ACT: It can he anticipated that more stringent disclosure requirements would result in a higher level of
disclosure and disqualiftcation from the review and voting process. When Boards are involved alternate members of the
Board would he required to satisfy quonnn and voting requirements.
FISCAL IMPACT: None
s: Take no action and rely upon the standards set forth in State
t Head's Signature
Assi
City Manager's Signa e
t to C, Manager CM/
City Attorney's Office
Deparbnent Name
S,\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
I ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING CHAPTER 2 OF THE CITY OF
5 BOYNTON BEACH CODE OF ORDINANCES, CREATING
6 ARTICLE XV, ENTITLED "VOTING BY BOARD
7 MEMBERS", PROVIDING FOR SHORT TITLE; PROVIDING
8 FOR INTENT AND PURPOSE; PROVIDING FOR
9 APPLICABILITY; PROVIDING FOR DEFINITIONS;
] 0 PROVIDING FOR ABSTENTION FROM VOTING BY
] ] BOARD MEMBERS WITH CONFLICTS OR INTEREST;
]2 PROVIDING FOR DISCLOSURE OF CONFLICTS OF
] 3 INTERESTS BY BOARD MEMBERS; PROVIDING FOR
14 ENFORCEMENT; PROVIDING FOR CODIFICATION;
]5 PROVIDING FOR CONFLICTS; PROVIDING FOR
]6 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
17 DATE.
18
] 9 WHEREAS, Florida Statutes requires that all state and loca] public officers comply with
20 the Code of Ethics promulgated by Chapter 112.311, et seq., Florida Statutes; and
2] WHEREAS, the Code of Ethics promulgated by the state statutes sets forth requirements
22 for loca] public officers' disclosure of interests and abstention from voting; and
23 WHEREAS, the City Commission of the City of Boynton Beach ("City") desires to impose
24 requirements above and beyond those imposed by the state statutes; and
25 WHEREAS, the City Commission has determined that in order to strengthen the
26 confidence of the City's citizens in the integrity of the City's official bodies, and to foster
27 confidence in the decisions of the City's decision-making, it would be in the best interest of the
CODING:
Words in strike threugh type are deletien from existing law;
Wards in underscered type are additions.
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I City to impose more stringent voting and disclosure requirements on the City's board members,
2 including the City Commission; and
3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, THAT:
5
Section 1.
The foregoing "WHEREAS" clauses are hereby certified as being true and
6 correct and are incorporated herein by this reference.
7
Section 2.
Chapter 2 ofthe Code of Ordinances of the City of Boynton Beach, Florida,
8 is hereby amended to create a new article, Article XV, entitled "Voting by Board Members," to
9 read as follows:
10
ARTICLE XV.
VOTING BY BOARD MEMBERS.
11
12
13
14
Sec. 2-200
Short Title.
This article shall be known and cited as the "City of Bovnton Beach's Voting
Requirements bv Board Members Provision".
Sec. 2-201
Intent and Purpose.
It is the intent and purpose ofthis article to strengthen the confidence of the City's
citizens in the integrity of the City's public officials by ensuring that the City's officials
discharge their public duties independent of their personal interests. This article is further
intended to ensure that City officials do not participate in any decision in which his or her
decision would be influenced or materially affected by interests which would influence a
reasonable person in his or her decision.
CODING:
Words in stril,e threagll type are deletion from existing law;
Words in underscored type are additions.
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Sec. 2-202
App]icabilitv.
This subsection shall apply to all City Boards, including the City Commission and
all City advisory boards of the City of Bovnton Beach. This article is intended to
supplement state law provisions governing voting and disclosure requirements of state and
local government officials. Nothing in this article shall be interpreted as conflicting with
Section 112.3]] et seq., Florida Statutes, as it applies to the City's public officers.
Sec. 2-203
Definitions.
"Board Member" shall refer to any member of any ofthe City's boards including
the City Commission and the City's advisory boards.
"Business Associate" shall refer to anyone with whom the board member shares in
a business enterprise.
"Conflict" or "Conflict of Interest" shall mean any situation where the board
member must balance his or her private interest with their official duties.
"Do Business" or "Done Business" shall mean to participate or to have participated
in the past. in the solicitation. negotiation, or execution of any business transaction as a
principal or agent.
"Gift" shall include anything conferred upon a board member for their gain. directly
or indirectly, for their private gain. by another, for which the board member did not tender
consideration. financial. in kind, or otherwise, including but not limited to, any real
property, tangible or intangible personal property, services, preferential treatment.
discounted rate (s), information not disclosed to the public. or forgiveness of any
indebtedness.
"Indirect" shall refer to the method in which a benefit is not directly conferred upon
the board member. This shall include. but not be limited to, instances where the board
member receives a benefit accepted by another party on the board member's behalf; the
board member receives a benefit from a person whose interest may be affected by the issue
on which the board member mayor will vote through a third-party; or. the board member's
CODING:
Words in strike tlrrOligh type are deletion from existing law;
Words in lUlderscored type are additions.
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relative, business associate, or emplovee receives a benefit
"Interest" shall mean anything which may positively or negatively affect the board
member's pecuniary interest, liberty, status or recognition in his or her private capacity, or
his or her commitment in his or her private capacity to others.
"Person" shall mean a natural person, or his agent, or an entity (legally recognized
or not) or its principal. agents, or employees.
Sec. 2-204
Abstention From V otinl!.
(a) In addition to the provisions set forth in section 112.3143, F.S., a board
member is deemed to have a conflict of interest and shall not be allowed to vote upon or
advocate for or against, any decision, ruling, or official act where:
(I) the board member, their relative, agent, employee (s), employer, or
business associate has any interest, direct or indirect, in the issue upon
which the board member will vote.
(2) the board member or the board member's spouse works for a
business which will benefit from the issue upon which the board member
will vote.
(b) A Board member who is prohibited from voting must leave the dias
following disclosure of their conflict and shall not return until completion of the vote on
that matter.
Sec. 2-205
Disclosure of Conflict Interest,
(a) Ifthere is, or there appears to be a conflict of interest under the provisions of
this article or Section 112.313, F.S., the board member, prior to a vote by the board on an
issue in which a board member has a conflict, must disclose the conflict to the board by
preparing a memorandum explaining the conflict and submitting it to the person who keeps
the minutes of the meeting. The notice of the conflict must be placed on the agenda of the
CODING:
Words in strike thFollgb type are deletion from existing law;
Words in underscored type are additions.
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board meeting at which the vote is to take place, and the board member must orally disclose
the conflict and the nature of the conflict on the record at the meeting.
(b) In the event that written disclosure has not been made prior to the meeting,
the disclosure shall be made orallv at the meeting when it becomes known that a conflict
exists. Within 5 days after the oral disclosure, a written memorandum disclosing the
conflict and the nature of the conflict shall be filed with the person responsible for recording
the minutes ofthe board meetings and incorporated into the minutes of the meeting at which
the oral disclosure was made. The memorandum shall become a public record, shall
immediately be provided to the other members of the board, and shall be read publicly at the
next meeting.
(c) In the event that a board member has participated in a vote on an issue which
the board member has a conflict and is later informed of the conflict. the board member,
must, immediately upon notice, inform the other board members by memorandum of this
conflict and disclose the conflict orally at the next meeting where the board member shall
orally explain the conflict and why the board member was not on notice of the conflict prior
to the participating in the vote. The remaining board members must then determine whether
the conflict is sufficient enough to have influenced the conflicting board member's vote and
by a maiority vote, decide whether to recall the decision upon which the conflicting member
voted.
Sec. 2-206.
Enforcement.
Any appointed board member who violates any of the provisions of this
article may be removed from the board on which the member serves by maiority vote
of the City Commission. Any elected public officer who violates this article shall
also be subiect to censure by a maiority vote of the remaining board members.
Section 3.
It is the intention ofthe City Commission ofthe City of Boynton Beach that
31 the provisions of this Ordinance shall become codified and be made a part of the Code of
32 Ordinances of the City of Boynton Beach, Florida. The sections of this ordinance may be
33 renumbered, re-lettered and the word "Ordinance" may be changed to "Section", "Article" or such
CODING:
Words in strike through type are deletion from existing law;
Words in underscored type are additions.
Page 5
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I other word or phrase in order to accomplish such intention.
2
Section 4.
All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in
3 conflict herewith be and the same are hereby repealed to the extent of such conflict.
4
Section 5.
If any clause, section, or other part or application of this Ordinance shall be
5 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
6 or invalid part or application shall be considered as eliminated and so not affecting the validity of
7 the remaining portions or applications remaining in full force and effect.
8
Section 6.
This Ordinance shall become effective upon its passage and adoption by the
9 City Commission.
10
CODING:
Words in strike thrSUgR type are deletion from existing law;
Words in underscored type are additions.
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1
FIRST READING this __ day of ________,2006.
SECOND, FINAL READING and PASSAGE this
2006.
day of ______ _.'
CITY OF BOYNTON BEACH, FLORIDA
Mayor
_____n__..____._.__
Vice Mayor
Commissioner
Commissioner
_.__._.~---'---'--"- ------,._---
Commissioner
ATTEST:
CITY CLERK
(Corporate Seal)
CODING:
Words in strike thnHlgR type are deletion from existing law;
Words in underscored type are additions.
Page 7
S:\CA\Ordinanccs\Stricter Voting Requirements 102506.doc
XII. - LEGAL
ITEM C.2
'~r.
. y.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetine:Dates in to Citv Clerk's Office Meetine Dates in to Citv Clerk's Offict;
0 August J, 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 1 8, 2006 (Noon)
0 August 15,2006 July 31, 2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14, 2006 (Noon) r:2J November 8, 2006 October 16,2006 (Noon)
0 September 19, 2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda r:2J Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDATION: Motion to approve Ordinance #06-~, to allow both the reduction of surety matters and final
release of surety in circumstances.
EXPLANATION: The City Commission via Ordinance No. 02-033 dated August 20,2002, and via Ordinance No. 04-040
dated June 15,2004 amended the Land Development Regulations (LDR) Chapter 7 SURETY, to allow periodic reductions in
posted surety for required improvements associated with development projects by the director of the department to which the
surety is applicable. In most instances, land development construction is associated with the Department of Public Warks /
Engineering Division, who monitors the respective improvements being made pursuant to the approved construction plans
delineating same. Since the fInal release of any outstanding surety (in any amount) currently rests with the City Commission
with written recommendation by the appropriate department, staff notes that it would be more efficient to allow the .
appropriate deparonent authorization for request of fmal surety on certain projects when the amount of the surety do~)not:-:-):2
exceed $20,000.00. :-::" : ;
C)
----/
PROGRAM IMP ACT: To allow more efficient finalization of completed projects and release of posted surety whl:n
outstanding amount are equal to or less than $20,000.00. r'0
. ,~~
-. <'
:v
FISCAL IMPACT: N/A
(;".J - -j~"'-
ALTERNATIVES: City Commission would keep the authority to release any and all final sureties based on the'-'Writte;;;',~
.00",""",,'00", "" _"" = ~.d, 0"",""". ~ = '"i;;
City Manager's Signature
Assistant to City Manager )
Public Warks I Engineering Division
Department Name
City Attorney I Finance
S,IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
i!
I
2 ORDINANCE NO. 06-
3
4 AN ORDINANCE OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AMENDING CHAPTER 7, ARTICLE I, SECTION 2(C)
7 PROVIDING FOR CITY MANAGER APPROVAL OF
8 REDUCTION OF SURETY AND RELEASE OF
9 SURETY UNDER $20,000.00; PROVIDING FOR
10 CONFLICTS, SEVERABILITY, CODIFICATION AND
II AN EFFECTIVE DATE.
12
13 WHEREAS, the City Commission finds that it is unnecessary for the City
14 Commission to review both reduction of surety matters and final release of surety in certain
15 circwnstances ; and
16
WHEREAS,
the City Commission has determined that there are sufficient
17 safeguards in the administrations review of requests for reduction of surety and release of
18 surety when the amount of surety does not exceed $20,000.00; and
19 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
2 COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA, THAT:
21
Section L
The foregoing Whereas clauses are true and correct and incorporated
22 herein by this reference.
Section 2.
Chapter 7, Article I, Section 2(C) is amended as follows:
C. Periodic reduction of surety.
From time to time during progress of the work the developer may request
a reduction in the dollar amount of the surety on the basis of work
completed, but in every case the remaining funds shall be sufficient to
cover 110% of the cost to complete the obligation. In the case of surety
for required improvements associated with subdivision development, five
(5) per cent of the engineer's certified cost ofrequired improvements shall
be retained for one (I) year after acceptance of such improvements by the
City Commission as a guarantee against defects in workmanship and
material. Reduction of suretv shall be approved bv the Citv Manager
without the necessitv of Commission approval. The final release in surety
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of tHe remaining balance of the surety, when the suretv is $20,000.00 or
greater, by letter of credit or otHer inGtrument, shall be approved by motion
of the City Commission, with written recommendation by the appropriate
department and/or the City Engineer. Release of suretv less than
$20,000.00 shall be bv the Citv Manager.
Section 3. Each and every other provision of Chapter 7, not herein specifically
8 amended shall remain in full force and effect as previously enacted.
9
Section 4.
All ordinances or parts of ordinances in conflict herewith be and the
10 same are hereby repealed.
11
Section 5.
Should any section or provision of this ordinance or portion hereof,
12 any paragraph, sentence or word be declared by a court of competent jurisdiction to be
13 invalid, such decision shall not affect the remainder ofthis ordinance.
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Section 6.
Authority is hereby granted to codify said ordinance.
Section 7.
This ordinance shall become effective immediately after passage.
FIRST READING this _ day of
, 2006.
SECOND, FINAL READING AND PASSAGE this
day of
,2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
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I ATTEST:
2
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4 City Clerk
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6 (CORPORATE SEAL)
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XII. - LEGAL - 1st Reading
ITEM C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\-.l
Requested City Commission
Meetint"Datt>:<;
Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in
in to ri1;y Clerk's Offic.I": Meetinl? Date" to Otv neTic'" Office
July 17,2006 (Noon.) 0 October 3, 2006 September J 8, 2006 (Noon)
July 31, 2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
August 14,2006 (Noon) IKI November 8, 2006 October 16, 2006 (Noon)
September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
0 August 1,2006
0 August 15,2006
0 September 6, 2006
0 September 19, 2006
NATURE OF
AGENDA ITEM
0 Announcements/Presentations 0 City Manager's Report
0 Administrative 0 New Business
0 Consent Agenda IKI Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing
RECOMMENDATION: Amending Ordinance 05-060 to provide that the art fee does not apply to projects
which had applications pending on or before October 5, 2005; providing that the art fee is payable as a condition
of issuance of the first certificate of occupancy items to be included in the current Public Art Ordinance No.
05-060.
EXPLANATION: These recommendations are coming forward as previously directed by City Commission.
Approving the language, Projects thot were submitted prior to or on Oct. 5,2005 notwithstanding any
subsequent request for site plan extension that is included in the amended ordinance, will result in reduced funds
in the amount of $4.3 million dollars lost to the life of the Public Art program,
Approving the language, Fee shall be collected prior to and as a condition of issuance of the first certificate of
occupancy that is included in the amended ordinance, will result in the 2006/2007 budgeted year impact of a 82%
reduction in revenues from $915,000 down to $202,000. Most of these funds will not be available until June 2007
or later. In addition, to wait until CO to collect funds is a sure way to undermine the success ofthe program
because developers can run out of money. Underfunding results in nonpayment to contractors and reducing the
impact of Public Art in the project..
PROGRAM IMPACT: The amended language. will result in $4.3 million reduction in funds during the life ofthe
Art in Public Places program. This will drastically reduce the program ability to improve our city by making
Boynton Beach a destination location and curtail a key element to economic development. This will result in the
delay or cancellation of Art in Public Places programs such as the Avenue of the Arts. This is an artwork loan
program scheduled for February 2007 which is designed to attract visitors and focus positive attention on Boynton
Beach.
FISCAL IMPACT: The 2006/2007 budgeted year impact results in a 82% reduction in revenues from $915,000
down to $202,000 the majority ofwhich will not be available until June 2007 or later. This will result in the delay
or cancellation of programs.
S:IBULLETINlFORMSIAGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES: The Commission could follow the recommendation of its Advisory Board, the Arts
Commission, and not make any changes to the Ordinance with the attached Guidelines and Recommendations. If
the Commission adopts the Ordinance changes, staff recommends the following language for inclusion in the
amended ordinance:
* I) To have a condition of permitting approval to include a contract of the Public Art in the project approved by
the Arts Commission.
* 2) To have the 30% of 1% due at time of permit to enable the Art in Public Places funding of Public Art
programs.
ADDITIONAL ITEMS: The City Commission has chosen the following items for discussion. Some of these
items may need clarification in the Public Art Ordinance No. 05-060
I) The adopted Public Art Ordinance applies to ALL development and redevelopment including City projects.
(Refer to Sec. 2-163 Public Art Fund and Sec, 2-160. Definitions A-4). Legal recommends that this requires
additional specific language for clarification.
2) To address the question, can an architect, building or architectural elements comply to the Public Art
requirements? The language can be clarified to include the following:
a. A building can be considered Public Art when commissioned by either an architect or artist and approved
by the Arts Commission.
b. Architects can be artists if they have produced Public Art and are approved by the Arts Commission.
3) What are eligible construction costs considered to satisfy the Public Art fee? The answers are in the Guidelines
and Recommendations that are part of the Public Art Ordinance No. 05-060. They can be found on pages 20 and
21 with project examples including estimated costs on pages 32 - 39.
In addition, many of these questions are addressed in the Ordinances Guidelines and Recommendations Q&A
section on pages 61 - 64,
4) Based upon actions at the Oct. 17th City Commission meeting, if the Commission moves forward on a stricter
voting requirement it will apply to the Arts Commission as well.
DOCUMENTATION ATTACHED: Exhibit A - Amended Ordinance with Ordinance Guidelines &
Recommendations. Exhibit B - Oct. 10 memo on Publi f:rt Fund For~ci /7
A' ~~ ~,.
CIty Manager's Signature
Assistant to City Manager ~
Department Name
City Attorney / Finance
S:\BlJLLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 0 06-
2
3 AN ORDINANCE OF THE CITY COMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING
5 ORDINANCE 05-060 TO PROVIDE THAT THE ART FEE
6 DOES NOT APPLY TO PROJECTS WHICH HAD
7 APPLICATIONS PENDING ON OR BEFORE OCTOBER 5,
8 2005; PROVIDING THAT THE ART FEE IS PAYABLE AS
9 A CONDITION OF ISSUANCE OF THE FIRST
10 CERTIFICATE OF OCCUPANCY; PROVIDING
11 CONFLICTS; PROVIDING FOR SEVERABILITY;
12 PROVIDING FOR INCLUSION; PROVIDING FOR AN
13 EFFECTIVE DATE
14
15 WHEREAS, the Commission has heretofore adopted Ordinance 05-060 creating the
16 Art in Public Places program; and
17 WHEREAS, the City Commission has determined that it is in the best interest of the
18 Art in Public Places Program to modify the program as hereinafter set forth.
19 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA:
21
Section 1.
The foregoing "WHEREAS" clauses are hereby ratified and
22 confirmed as being true and correct and are hereby made a specific part of this Ordinance
23 upon adoption hereof
24
Section 2.
Ordinance 05-060, codified as Article XII, Chapter 2 of the Code of
25 Ordinances of the City of Boynton Beach, entitled "Art in Public Places Program," is hereby
26 amended to read as follows:
27 Sec. 2-159. Short title; intent.
28 (A) This chapter shall be known and cited as the "Art in Public Places Program."
29
30 (B) It is the intent and purpose of this chapter to further the commitment of the
31 City of Boynton Beach to the aesthetic, historical, cultural and economic enrichment of the
32 community through the creation of works of art so that citizens and visitors to the City of
33 Boynton Beach are afforded an opportunity to enjoy and appreciate works of art. The
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requirements of this chapter shall be construed to promote the aesthetic values of the entire
community and to encourage the preservation and protection of works of art.
See, 2-160. Definitions.
(A) Definitions. For the purposes of this section, the following words and
phrases shall have the following meanings:
(1) Artist or Professional Artist means a practitioner in the visual arts, generally
recognized by critics and peers as a professional of serious intent and ability.
Indications of a person's status as a professional artist include, but are not
limited to, income realized through the sole commission of artwork, frequent
or consistent art exhibitions, placement of artwork in public institutions or
museums, receipt of honors and awards, and training in the arts.
(2) Art, Artwork or Works of Art means tangible creations by artists exhibiting
the highest quality of skill and aesthetic principles and includes all forms of
the visual arts conceived in any medium, material, or combination thereof,
including, but not limited to, paintings, sculptures, engravings, carvings,
frescos, stained glass, mosaics, mobiles, tapestries, murals, photographs,
video projections, digital images, bas-relief, high relief, fountains, kinetics,
collages, drawings, monuments erected to commemorate a person or an
event, functional furnishings, such as artist designed seating and pavers,
architectural elements designed by an artist, and artist designed landforms or
landscape elements. The following shall not be considered artwork or works
of art for purposes of this chapter:
(a) Reproductions or unlimited copies of original artwork.
(b) Art objects, which are mass-produced.
(c) Works that are decorative, ornamental, or functional elements of the
architecture or landscape design, except when commissioned from an
artist as an integral aspect of a structure or site.
(3) Building means any structure that encloses space and is used or built for the
shelter or enclosure of persons, businesses, chattel or property.
(4) Development means any construction, or redevelopment, or structural
alteration of any private or public building within the limits of the City.
(5) Arts Commission means the advisory board established by the City
Commission pursuant to Ordinance 01-64.
(6) Public Art Fund means a separate, interest bearing account set up by the City
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to receive monies for the Art in Public Places Program.
(7) Remodeling or conversion means alterations made to a building within any
twelve month period, including, but not limited to, changes to the fayade of a
building, changes to the interior of a building, increases or decreases in the
floor area of a building and changes to exterior improvements.
Sec.
2-161. Arts Commission.
The Boynton Beach Arts Commission shall function and operate as outlined in the
City of Boynton Beach's Ordinance No. 01-64.
Sec. 2-162. Powers and dnties of committee.
(A) The Arts Commission shall have the following additional powers and duties:
(I) Recommend to the City Commission~ adoption of Art in Public Places
Program Guidelines and amendments thereto;
(2) Recommend to the City Commission, adoption of a Public Art Master Plan
identifying locations for public artworks and establishing a priority order;
(3) Recommend to the City Commission authorization of expenditures for
maintaining and implementing the Art in Public Places Program;
(4) Recommend to the City Commission other expenditures of the Public Art
Fund such as hiring staff and services to run the Art in Public Places
Program;
(5) Exercise their authority to approve, approve with conditions or disapprove
proposed installation of artwork based on Art in Public Places Program
Guidelines; and .
(6) Advance, through education and communication, the Art in Public Places
Program Guidelines. The guidelines are attached as Exhibit "A".
Sec. 2-163. Establishment of Public Art Fee
(A) All development, redevelopment, reconstruction or remodeling projects
commenced after the adoption of this ordinance which have a construction value of
$250,000.00 or greater, shall participate in the Art in Public Places Program by paying a
Public Art Fee. For the purpose of this section, a project will be considered "commenced"
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when an application for review is first submitted to the City's Development Department.
Thc Public Art Fee shall be equal to I % of construction value of the project. The Public Art
Fee shall be collected by the Building and Code Compliance Department prior to and as a
condition of bHilding permit issuance of the first certificate of occupancy, 100% of the
Public Art Fees collected are to be allocated to the Public Art Fund. All distributions for the
Public Art Fund require the recommendation of Arts Commission prior to City Commission
approval.
(B) The following types of projects are exempt from the payment of the Public Art
Fee:
(1) Remodeling, repair or reconstruction of structures damaged by fire, flood,
wind, earthquake or other calamity determined by the city of Boynton Beach
building official.
(2) The percent of the project dedicated to affordable housing as defined by the
City of Boynton Beach.
(3) All proiects which were submitted prior to or on October 5, 2005,
notwithstanding any subseQuent reQuest for site plan extension.
(C) Project owners required to participate in the Art in Public Places Program
may obtain reimbursement up to seventy percent (70%) of collected art fee if the following
conditions are met;
(I) The owner of a development agrees to follow the Art Commission's
recommendations to develop the art in the project; and
(2) Prior to placement on the development site, has the artwork approved by the
Arts Commission to insure that the artwork will be accessible and readily
visible to the public based on location of artwork and normal traffic of
vehicles/pedestrians in the proposed location; and
(3) Select an artist directly to execute a project that meets specific criteria
outlined by the recommendations and guidelines document provided by the
Arts Commission or hire a professional consultant to select artists to
commission site-specific, architecturally integrated artworks that meet
specific art criteria outlined by the recommendations and guidelines
document provided by the Arts Commission or; Purchase artworks for
permanent installation recommended by the Arts Commission or; Elect to
purchase an existing artwork or commission an original artwork for donation
as a gift to the City of Boynton Beach's public art collection or;
Sec. 2-164. Art and artist selection criteria.
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1 (A) The Art and Artist selection criteria shall be in compliance with the Arts
2 Commissions Guidelines and Recommendations.
3
4 Sec. 2-165. Public Art fund.
5
6 (A) There is hereby created a public art fund administered by the Arts
7 Commission. Funding shall consist of all contributions received from art fees for
8 development and redevelopment Contributions shall include I % of construction value on
9 projects exceeding $250,000.00, any cash grants and donations to the City for public art
10 projects from governmental or private resources, and all other funds allocated by the City
11 through the budgetary process for the provision of public art.
12
13 (B) Expenditures from the Public Art Fund shall include, but not be limited to
14 expenses associated with the selection, commissioning, acquisition, transportation,
15 maintenance, public education, promotion, administration, program marketing,
16 documentation, removal and insurance of the works of art or in relation thereto. The Arts
17 Commission can recommend to the City Commission, expenditures from the funds in
18 furtherance of the Art in Public Places Program.
19
20 (C) Disbursements of the Public Art Fee shall be seventy percent (70%) to the
21 construction of art in a given project and thirty percent (30%) for the administration of the
22 Art in Public Places Program and a (endowment or reserve fund) for future work as
23 described in the Arts Commissions Guidelines & Recommendations.
24
25 Sec. 2-166. Ownership of artwork.
26
27 Unless otherwise expressly agreed to in writing by the City, ownership of all art
28 acquired through expending funds in the Public Art Fund shall be owned by the City
29 according to the Arts Commissions Recommendations and Guidelines.
30
31 Sec. 2-167. Art in Public Places Program Guidelines
32
33 The Arts Commission shall prepare, and from time to time recommend to the City
34 Commission revisions to the, Art in Public Places Program Guidelines and make the same
35 available to the public, which shall provide guidance for program organization;
36 organizational governance and staffing responsibilities; procedures for project planning;
37 artist selection; art selection criteria; art placement criteria; donations; loans and memorials;
38 collection management; and, administration of the Public Art Fund.
39
40 In the event language contained in the Art in Public Places Program Guidelines
41 conflicts with this Ordinance, the language in the Ordinance shall control.
42
43 Sec. 2-168. Art in Public Places Program Location Plan
44
45 The Arts Commission shall prepare, and from time to time revise, a Art in Public
46 Places Program Location Plan that identifies locations and criteria for public artworks and
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establishes a priority order.
Section 3.
Severability.
If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
6
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
7
affect the validity ofthe remaining portions of this Ordinance.
8
Section 4.
Inclusion in Code.
9
It is the intention of the City Commission of the City of Boynton Beach, Florida, that
10
the provisions of this Ordinance shall become and be made a part of the City of Boynton
11
Beach Code of Ordinances, and that the sections of this Ordinance may be renumbered or
12
relettered and the work "ordinance" may be changed to "section," "article," or such other
13
appropriate work or phrase in order to accomplish such intentions.
Section S. This Ordinance shall become effective immediately on passage.
FIRST READING this_ day of ,2005.
SECOND, FINAL READING AND PASSAGE this ~_ day of __~, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
.-
Vice Mayor
Commissioner
Commissioner
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ATTEST:
Commissioner
City Clerk
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Boynton Beach Arts Commission
Guidelines and
Recommendations
Table of Contents
1 Executive Summary
2 Introduction
3 What Makes a Successful Public Art program?
4 Arts Commission Ordinance for the City of Boynton Beach
5 City Image
6 Program Overview
7 Funding Recommendations and Alternatives
8 Art Commission Services
9 Art Procurement Process
10 Examples of Visual Art
11 Call to Artists Procedure and Artist Selection Methods
12 Legal Recommendations
13 Other Program Considerations & Recommendations
14 Getting the Word Out
15 Q and A
Presented May 24, 2005
Revised 9/30/05
Page 2 of 64
,
Boynton Beach Arts Commission ~
Guidelines and
Recommendations
Executive Summary
The Arts Commission was charged with creating and executing an Art in Public Places
Program for the City of Boynton Beach. The following document is the end product of
nine months of research.
Research included review of population, demographics, growth potential, community
identity and the best of current Public Art programs not only in the State of Florida, but
also across the nation. A key component to the value of the Arts in Public Places program
understanding the economIc Impact and rewards this type of endeavor provides.
Clearly it is known that art offers:
· community pride
· civic awareness
· and a sense of place.
The focus of this document is to address the mechanics and funding appropriate for
Boynton Beach.
RECOMMEMDATION:
This plan proposes a funding program designed for an Art in Public Places program
concurrent with and complementary to the rapid growth of the City of Boynton Beach. Our
recommendations encompass a comprehensive program that would be funded by
assessing a public art fee equal to 1 % of the construction value to real property and
subject to the following criteria:
· Non residential construction alteration or repair for which a building permit is
required
· All new residentiaTconstruction and/or redevelopment for which a building permit is
required
. All new public construction for which a building permit is required
. Fees will be calculated on amounts exceeding the $250,000.00 threshold
Exceptions to Public Art Fees:
· Remodeling, repair or reconstruction of structures damaged by fire, flood, wind,
earthquake or other calamity determined by the City of Boynton Beach building
official.
· The percent of the project dedicated to affordable housing as defined by the City of
Boynton Beach.
. Construction less than $250,000.00
, ,
The total funds are based on 1 % of construction cost. The land value is excluded from the
calculations. The funds would be dedicated at 70% to the development of public art that
stays within the project and 30% to run an Arts in Public Places program that includes:
. Administration of Art Fund and Art in Public Places Program, including
Public Art Coordinator salary, record-keeping such as registration,
maintenance, renovation, insurance, etc.
Page 3 of 64
Presented May 24, 2005
Revised 9/30/05
Boynton Beach Arts Commission
Guidelines and
Recommendations
· Art for publicly owned properties to include: site preparation, installation,
insurance, maintenance and renovation
· Marketing and advertising of the Art in Public Places program
· Acquisition, siting and decommissioning
· Art programs and events with a cultural emphasis that draw community
participation
· Artist and artwork selection-related expenses
· Endowment program
This document also addresses private sector developers who wish to participate in
an alternate program that provides for payment in lieu of participation.
Staff including the Planning and Zoning Department, the CRA and the Legal Department
has reviewed the Boynton Beach Arts Commission Recommendations and Guidelines.
This comprehensive document integrates many of their recommendations as well as the
best of successful Public Arts Programs and has been refined to meet the city's special
needs.
The Arts Commission Advisory Board is prepared to give an informative presentation of
this plan to the city commission in a workshop selting. We have enlisted key speakers
that inClude a noted public artist, city administrator, and a developer all with national
t;lxpertise in art. We look forward to implementing this plan and are available to expedite
this endeavor.
Page 4 of 64
Presented May 24, 2005
Revised 9130105
Boynton Beach Arts Commission
Guidelines and
Recommendations
Introduction
Art is .... a product that evokes the senses and stimulates emotions. The product may be
something thought to be beautiful, interesting, controversial, emotionally moving,
educational, or displaying historic or cultural meaning.'
Public Art is .... objects in our environment for public use and enjoyment that may be
historic, aesthetic, or functional in the form of sculpture, monuments, murals, banners,
fountains, playgrounds, trellis, gardens or amenities such as seating, lights, signs."
On occasion, the building itself could be considered Art. This would occur when the
architecture design has built in artistic elements incorporated into the structure.
Public art is essentially a dialog between an artist's work and the people who experience
his or her artwork in the course of their activities. A successful public artwork can be
thought provoking, transform the environment and become an active part of the
community. An unsuccessful public artwork can become an eyesore and the target of
ridicule and vandalism (Barbara Goldstein, Public Art 101 Curricular Book, Seattle Arts
Commission Page 41).
In general, public art is works of art displayed in publicly. accessible places and buildings.
Up until the mid 20th century, public art as sculptures, mosaics, carvings and handmade,
decorative building elements were normal parts of abuilding. In the last 30 years, more
than 350 American municipalities have required public art in public and/or private
construction in order to restore the lost aesthetic qualities. Today, public art has come to
mean traditional sculptures, murals and the full range of things made by artists for
buildings, streets capes and landscapes.
'Our belief is that powerful, well-integrated
public art can transform people's lives by
linking their perceptions, senses and
intellects to the living systems that sustain
them.>>
Page 5 of 64
Presented May 24, 2005
Revised 9/30/05
What Makes a Successful Public Art Program?
Boynton Beach Arts Commission
Guidelines and
Recommendations
Successful public art programs have a number of ingredients as identified in a study done
by the City of Boynton Beach Strategic Initiative Team of communities throughout the
United States. These ingredients include:
. A commitment to leadership by public bodies.
o A broad community understanding of the pOlicies that underpin pUblic art
. Identification of opportunities to create a sense of place through pUblic art
. A solid financial base to initiate and sustain a pUblic art program.
o Early collaboration and involvement of the arts community in developing public art.
o Support and involvement of the private sector.
o Support and involvement of all sections of municipal govemment including engineering,
planning, finance, community services.
o Continuous effort to include and draw upon the support of the public.
Developing prinCiples to which everyone can agree starts the process of creating a public
art plan. These principles will guide the process:
o Public art is an expression that is often diverse and innovative.
. Public art intends to reflect community values and community identity.
o Public art utilizes the creative energy of artists for public benefit.
. Public art increases public awareness of the role of art and artists in the community.
. Public art is a community resource.
. Public art contributes to the economic health of the community.
. Public art responds to the natural, social, and built environment.
o Public art is collaboration between the public, public agencies, the private sector, and the
design community. -
Who judges art? From DaVinci to Andy Warhol,
doesn't everyone have the right to define their taste
in what is good art over bad? Art is subjective and
the viewer must have a certain level of appreciation
to identify with the artist and their inspiration,
motivation or simply their desire to .evoke emotion.
In commercial development, how do you rate the
work of a designer or architect to measure an effort
that lacks artistic character vs. one that possesses
strong artistic merit? If it is within the context of the
City's objectives, is that. enough? The goal of the
Arts Commission is to have an impact much greater
than that of minimal projects; rather it is one that
goes above and beyond to enhance our community.
"Because of the diversity of
ecological, biotechnical,
educational, recreational and
cultural oPportunities within the
county, our goal is to help
reestablish the intellectual and
emotional connections that will
ultimately draw people. .. in a
thoughtful way."
Historically, in 1967, the Endowment for the Arts created its Art in Public Places Program.
Presented May 24,2005
Revised 9/30/05
Page 6 of 64
;
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Boynton Beach Arts Commission
Guidelines and
Recommendations
It gave the public access to the best art of our time, outside museum walls. tlrbil.'s first
commission art was Calder's La Grande Vitesse, Grand Rapids, MI. It was the sculpture
that was used as their "logo".
By 1974, the NEA guidelines said that commissioned art should be approprfate to the
immediate site, and by 1978 approach creatively the wide range of possibilities for art in
public situations.
Total economic
impact of the arts
in 1992 for the
NYC area was
92 billion dollars.
In 1979, the NEA asked for methods to insure an informed
community response to the projectand in1983 grant recipients were
required to submit plans for the community involvement. Preparation
and dialogue expanded in 1990's to include educational activities,
which invite community involvement. This progressiOn from a pursuit
of the "best" art to community involvement is still evolving.
Artists contribute to making projects more palatable. They act as a
conduit for the project and the community objectives.
Examples of Public Art:
While the spiritual
aspects of art are
well known, it also
has a quantifiable
economic impact.
, .;,ill
,~ ~~~-
1982- Vietnam Memorial in Washington DC, was the concept of a 21 year old
undergraduate at Yale University, Maya Ying Lin; Originally protested by many
Washington congressman, this memorial is the #'1 visited "Art" in America. Her concept
was to yut a "wound" into the landscape and construct granite inwhich visitors can see
their reflection. The interaction continues when loved ones take a rubbing on the name
inscribed into the wall.
, ,
Page 7 of 64
Presented May 24, 2005
Revised 9/30/05
Boynton Beach Arts Commission
Guidelines and
Recommendations
The Medicci Family was
the first to fund Public
Art, In 1504,
Michelangelo's David
was featured in a public
square in Florence,
It"h,
,-
,;~t~:::.<.~
lit...'.
" l'J:f~-
";;;,j
The building itself can
be art, as in France's
Eiffel Tower built circa
1887, which the
Parisians did not like
when built.
In 1969, Calder's Stabile, Le
Grande Vitesse, in the Calder Plaza
in Grand Rapids, MI was
considered "Plop Art" or "logo Art",
It caused so much controvet$y that
it put Grand Rapids on the map as
a destination location! The
community now holds it .as a
National treasure. This art is the
, National E!.ndOWment for the Arts
first commissioned piece for its Art
, in Public Places Program,
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Walkwavs Gary Moore's "Ninth Street Pedestrian
Mall" 1995
Rustic terrazzo, dyed concrete unit pavers, bronze
inserts & landscaping. Historic Overtown, Downtown
Miami
Benches as in thiS wood and iron bench
created by Quigley in 1982 in Cincinnati. Its
iron frame was inspired by Music Hall, which
is located directly across the street from the
park.
Mosaic walls similar to the subway stations in Moscow built in 1935. Today Moscow's
Metro system has grown into an enormous network of 11 lines and over 160 stations.
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Genesis, th.e Gif!. of Life,
glass mosaic, 1954
Originally commissioned by
Peter and Waldo Stewart for
the Stewart Building in Dallas,
this mosaic was moved to the
entrance of the museum and
restored in the 1990s.
The design is based on the
Indian concept of the four
elements, seen from left to
right: water, earth, fire, and air.
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Boynton Beach Arts Commission
Guidelines and
Recommendations
Fountains. Waterfalls and Gardens similar to the fish fountain along the
steps of the Philadelphia Museum on the parkway tour built in 1928.
.---;,"
'~c--;~
Alexander Stirling Calder (after) Delights and Terrors of the Sea, 1983
Cast stone Vizcaya Metrorail Station, Miami, Florida
Sculptures
Picasso's gift to the city, once controversial, has now
become "the" landmark to downtown Chicago.
This subject has become a mantra for the defense of
public art---you will like this in the future.
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Recommendations
Arts Commission Ordinance for the City of Boynton Beach
ARTICLE XI. ARTS COMMISSION
Sec. 2-154. Creation of Commission.
The City .Commission, in accordance with the powers vested in it, hereby cre.ates and
estai:llishes the Boynton Beach Arts Commission, hereinafter referred to as the "Arts
Commission."
(Ord. No. 01-64, 9 1, 1-2-02)
Sec. 2-155. Purpose and duties.
(a) The purpose of the Arts Commission is to advise the City Commission on matters related
to the arts, to develop a plan and programs to promote and support art in Public Places, and to
recommend guidelines and funding for implementation.
(b) It shall be the duty of the Arts Commission to act as an advisory board to the City
Commission in providing advice on matters relating to the visual arts. .
(c) The Arts Commission may develop a public art plan and program for the city."
(d) The Arts CommiSSIon may recommend funding sources incl\.ldirg private sourCes and
grant funds; encourage public and private partnerships in the arts; review and make
recommendations on proposals for art work for public buildings and publicspaces; ~l)COurage the
. flOW of art into the City; stimulate art related activities andevel1ts; study issues relateiho art and
implement art programs as delegated to it by the City's Commission from time.to time.
(e) The Arts Commission shall periodically advise the City Commission of its findings or
proPoSals, W,ith respecfto thefOl;rgoing issues and make recommen(lations to. theCil>' .
CQrTlmission'on any niattern:!feired to it within as much time prescrii:led by the City Commission.
(Ord. No. 01~64, 9 1, 1"2-02)
Sec. 2456. Organization.
(a) The Arts CoFlll'i1~sion shall consist of seven (7) regular members and two (2) altemate
members and serve at ~~pleasure of the City Commission.
(b) The,ArtsComn1ission shall be comprised of seven (7) permanent members, and two (2)
altemate members, all to be appointed by the City Commission. Of the members so appointed,
three (3) shall be for a term of three (3) years, two (2) shall be for a term of two (2) years, and two
(2) shall be for a term of one (1) year. Their successors shall be appointed for a term of three (3)
years. Altemate members shall be appointed for a period of one (1) year. All members may be
reappointed at the pleasure of the City Commission at the termination of their appointment, with
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no limit as to the number of terms they may serve.
(c) Appointees to the Arts Commission shall be residents or business owners preferably with
the following background: artist, art volunteer/activist; planner; private developer; architect;
neighborhQOd association member; interested citizen.
(d) At the organizational meeting of the Arts Commission, a Chairperson and Vice-
Chairperson shall be selected by majority vote of the Arts Commission. The Chairperson and
Vice-Chairperson shall be selected annually at the anniversary of the first meeting of the Arts
Commission, or at the May meeting of the Arts Commission.
(Ord. No. 01-64, ~ 1, 1-2-02; Ord. No. 04-031, ~ 2, 4-20-04)
Sec. 2-157.
Meetings.
The Arts Commission shall meet at an appropriate place and shall arrange a time for holding
regular meetings of the Arts Commission, and for such other meetings as shall be necessary, and
it may add to such wlesof organization, regulation and procedure as it may deem necessary and
determine the duties of its members and officers. Other specifications for conducting meetings,
such as the number needed for a Quorum, shall be in conformance with F.S. S 166.041(4}.
(Ord. No. 01-64, ~ 1, 1-2-02)
Sec. 2-158.
Powers.
Nothing in this article shall be construed as restricting or curtailing any of the powers of the
City Commission, or as a delegation to the Arts Commission of any of the authority or
discretionary powers vested and imposed by law in the City Commission. The City Commission
declares that public interest, convenience and welfare required the appointment of the Arts
Commission to act in a purely advisory capacity to the City Commission for the purposes set forth
in this article. Any power delegated here to the Arts Commission to adopt rules and regulations
shall not be construed as a delegation of legislative authority, but purely a delegation of legislative
authority.
(Ord. No. 01-64, ~ 1,1-2-02)
Top of Fonn
f6
Bottom of Form
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Recommendations
City Image
Spotlight on Boynton Beach ... The Gateway to the Gulfstteam
A large part of the Arts Commission's future success will depend on its ability to develop
and implement a Public Arts Program that serves to strengthen the City's connection with
its residents, helps to stimulate a community identity and promotes the City as the place
to live, work, play and visit. The program must help to articulate what it is that makes this
City so special, to help define the City's image. So, what is the City's image? The
following 'image statemenf begins with a declaration of sorts about the reasons for
promoting such an image and continues with a historical, and yet contemporary,
perspective on all that the City has to offer.
Arts Commission Image Statement:
To heighten awareness of our City's historical and contemporary personality
by celebrating its diversity and strengthening the City as a destination location.
By vitalizing, stimulating and focusing on cultural interaction, amenities,
education, business growth and economic development, the City will create a
communal sense of pride and civic ownership.
Boynton Beach, which was once one man's dream as a beach hotel destination, soon
became a bustling coastal center of South Florida. Yet, even at the turn of the 21st
century, it retained some of its distinctive farmlands, offering a unique, small town
atmosphere central to South Florida living.
Its proximity to the Gulfstream and easy ocean access make it a prime location for a wide
variety of water activities, while its businesses, public and historical amenities reflect a
metropolitan atmosphere. It is laid back with a touch of sophistication. Boynton Beach is
strategically close to two international airports, three regional airports and two major
seaports, making it easily accessible, whether from across the state or across the globe.
Our dynamic cultural community demonstrates the success of the American Melting Pot.
Whether their origins are Floridian, national or international, residents and business
owners alike have made Boynton Beach their choice for a great place to be for their next
life phase. The City government works closely with the community to ensure that quality
of life is preserved and enhanced, and that growth is beneficial to all of its residents. From
the first settlers that touched the beaches of Boynton to today's international visitors, all
agree, that Boynton Beach truly is a unique jewel on Florida's southeast coast.
New Boynton Beach Tag Line
The Arts Commission recommends the current Boynton Beach tag line be revaluated and
reconsidered. Please refer to the Reference Document: Marketing for more on Tag Lines.
The Arts Commission recommends the following tag line to be considered:
Boynton Be.:;ch... The HeAR. T of the P.:;/m 8e.:;ches/
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The Arts Commission recommends that it conduct a focus arouD to validate {fie
suaaested taa line for the imaae for the City of Bovnton Beach.
Program Overview
The goal of the Arts Commission is to develop and execute an Art in Public Places
Program for the City of Boynton Beach. The plan begins with an aggressive four-year
funding program to generate capital to establish an Art in Public Places Program
concurrent with, and complementary to, the current rapid growth of the City of Boynton
Beach. The Arts Commission will identify and pursue additional sources of funding to
expand the program beyond the four-year recommendation.
It is the intent of the Arts Commission to recommend a method to obtain the necessary
capital to make an impact in the projects currently slated for development in the City
within the next five years. It is the intent of the Arts Commission to assist developers and
planners dedicated to the development of Art within these projects. The Arts Commission
seeks to establish itself as a valuable resource to which developers and planners can turn
for advice and assistance when incorporating Art into their projects.
The Arts Commission does not intend to function as a type of "Art Cop". However, under
the supervision of the Arts Commission, an independent Artist-Selection Jury will assist in
the art selection process. In addition, the Arts Commission will consult established
county, state and national resources for guidance and information pertaining to the "Call
to Artists" process, fund raising and other program functions.
The Arts Commission will endeavor to provide opportunities for artists of all ages and
racial, ethnic and cultural backgrounds. It will consider art from independent artists as well
as from group art projects- and other art programs. It will recommend exhibits, temporary
or permanent, in designated places for public display. The Arts Commission may
integrate the art produced from other City programs into the Art in Public Places
Program. It may also recommend new programs for expansion of the Art in Public Places
Program.
It is the intent of the Arts Commission to develop public art projects that: enhance the
urban environment of public spaces, as well as the visual design form and content of the
City; enhance a particular community, and; enhance the tourist and economic potential of
Boynton Beach and individual sites within the community. It is the intent of the Arts
Commission to create an Art in Public Places Program that will become an effective and
valuable tool in enhancing building projects, green spaces and public areas. The Art in
Public Places Program will benefit the City of Boynton Beach by:
· Enl1ancing the City's image
· Creating a positive image and identity
· Expressing who we are as a community
. Making Boynton Beach a destination location
. Gaining amenities and appreciative assets
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. Creating investments that will increase in value
. Educating the community
. Creating a sense of civic pride
. Evoking emotion and stimulate community interaction
. Improving the environment.
. Increasing quality of life
. Creating a greater cultural base
. Preserving community history
. Attracting the arts, artists and art advocates to the community
. Placing The City Boynton Beach .on the map.,
The Arts and Culture Industry is part of the solution
that impacts".
, ,. Community Revitalization
., .Economic Development
. . . Quality of Life
. . . Student Achievement
... Tourism
Refer to the Reference Document Making the Case
for documentation on each of the topics that was compiled
by the Florida Cultural Alliance.
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Boynton Beach Arts Commission
Guidelines and
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Funding Recommendations and Alternatives
Public Art Fee
The Arts Commission recommends that the City of Boynton Beach initiate a Public Art
Fee to fund the Art in Public Places Program. Since there are many newly planned
projects in the City, a Public Art Fee would establish a financial base for the Arts
Commission to immediately begin the Art in Public Places Program.
This recommendation provides a way for the City to create a balance with the rapid
building growth to ensure that culture is matched with green spaces. Our
recommendations encompass a comprehensive program that would be funded by
assessing Public Art Fee equal to a % of construction value to real property excluding the
land value.
Public Art Programs across the Nation and State of Florida typically have between a 1/2 _
5% Public Art Fee. Since we want to create a program that will eventually self fund itself
we looked at it from a business prospective. If we implement a fee that could be collected
for a limited time period it will give us the seed money to run the program for the future.
In addition to the seed capital generated from the fee we recommend to reserve some of
that money as an endowment (or savings account) in addition to actively seeking grants
and private funding through aggressive marketing and fundraising events.
A. The Arts Commission recommends that a Public Art Fee be assessed equal to 1%
of construction value over $250,000 of improvements to real property in the City of
Boynton Beach meeting the following criteria:
1) Non residential c_o_nstruction alteration or repair for which a building permit is
required
2) All new residential construction and/or redevelopment for which a building permit
is required
3) All new public construction for which a building permit is required
4) Fees will be calculated on amounts exceeding the $250,000 threshold
Exceptions to Public Art Fees:
· Remodeling, repair or reconstruction of structures damaged by fire, flood, wind,
earthquake or other calamity determined by the City of Boynton Beach building
official.
· Construction less than $250,000.00
. ,
Public Art Fee shall be collected by the Building and Code Compliance Department at the
time of permit issuance.
Where does the money get spent?
The total 1 % Public Art Fee funds would be dedicated at 70% to the construction of art in
a given project and 30% to run the Arts in Public Places program. At the suggestion of the
CRA director, Doug Hutchinson, the Arts Commission is recommending to adopt an
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endowment program with the Public Arts Fees collected for future program fu~ding.
A. Create a Public Art Fund which is administered by the Arts Commission board and a
Public Art Administrator to consist of all contributions received from art fees for
development, redevelopment, cash grants and donations to the City for public arts
projects from public or private resources and all the funds allocated by the City though the
budgetary process for the provision of public art.
The Arts Commission recommends 30% of the total fee to run a Public Arts Program.
These funds will be designated to run the entire program and covet:
. Administration of Art Fund and Art in Public Places Program, including Public
Art administrators salary, record-keeping such as registration, maintenance,
renovation, insurance, etc.
. Art for publicly owned properties to include:
Site preparation, installation, insurance, maintenance and renovation
. Marketing and Advertising of the Art in Public Places program
. Acquisition, siting, decommissioning
. Art programs and events with a cultural emphasis that draw community
participation
. Artist and artwork selection-related expenses
. Endowment program
B. Art Projects in Developments
As we stated 70% of the 1 percent Public Art fee willST A Y in the project and dedicated
towards the development and construction of the art.
The Arts Commission worked with Planning & Zoning to ensure that the building process
is not inhibited by the development of art in the project. We support their recommendation
for a bonding option, which states:
Certificates of Occupancy will not be issued until completion and installation of all Public
Art requirements are met. The Developer may, at his option, post 110% surety for work,
which may be more prudently put in place subsequent to building construction with a
required completion deadline of 60 - 90 days.
"
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Boynton Beach Arts Commission
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Art in Proiect Alternative
The Arts Commission recommends that a Public Art Fund be established as a depository
for public art fees paid by City departments and private developers to secure a building
permit from the City of Boynton Beach. For the private sector, this fee may be refunded in
part if an artwork has been either placed on the development site or donated to the City.
The Public Art Fund schedule for private sector developers who wish to participate in the
alternative program shall be as follows:
1) 7/10 of 1 percent of construction costs (as defined above)
to artwork on site or donated to the City (refundable upon
completion and installation or receipt of approved donation)
2) 3/10 of 1 percent of construction costs (as defined above)
to Public Art Fund (non-refundable)
The fee remains in the Public Art Fund for the discretionary use of the Arts Commission
should the developer elect not to participate in the program. City generated funds are
typically tied to the construction site, but unspent project specific funds may be pooled
with other unspent funds and used for off site projects.
Developer Options
1) Artwork on Site
Upon assessment of the public art fee, the Developer may elect to site a
permanent public artwork as part of the development project. Using this option, the
Developer may:
· Elect to site permanent public artwork as part of the development project
and utilize ilie Arts Commission's assistance to develop the Art in the
project or;
. Select artist directly to execute a project that meet specific art criteria or;
· Hire a professional consultant to select artists to commission site-specific,
architecturally integrated artworks that meet specific art criteria or;
. Purchase artworks for permanent installation.
Artworks may be:
. Singular, discrete objects (sculpture);
. Artist designed amenities (streetscapes, paving treatments, lighting
standards and treatments, benches, way finders, architecturally integrated
water features, artist designed landscape treatments or other artist
designed amenities or aesthetic treatments);
. Artworks must be located in publicly accessible locations.
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The Artwork on Site approach benefits the Developer to:
.1,....,
. Create a positive relationship with the community
. Attract visitors to the Art project therefore the development
. Provide a competitive edge
. Create a signaturel identity for the project
2) Art Donated or commissioned to the City of Boynton Beaches Art In
Public Places Program
Upon assessment of the public art fee, the Developer may elect to purchase an
existing artwork or commission an original artwork for donation as a gift to the City of
Boynton Beach's public art collection. Donations to the City are reviewed by the Arts
Commission to determine the aesthetic quality of the donation, the work's maintenance
requirements and the appropriateness of the donation to ttie overall goals of the Art in
Public Places Program.
This approach allows the Developer to:
· By-pass the commission or purchase and subsequent installation of the
artwork on the property;
· Increase public awareness of the Developer and development as civic
benefactors.
3) Fees in lIeuof Artwork on Site
Upon assessment-of the public art fee, the Developer may elect to pay the fee to
the Public Art Fund with no intention of placing artwork on site or donating a work
of art to the City. Funds are subsequently used by the Arts Commission on publicly
sited projects 6f its choosing.
This approach allows the Developer to:
· By-pass completely the public art process.
"
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SITE CRITERIA FOR DEVELOPERS
A. Eligible Public Art Location
· Such facilities include commercial or residential buildings and adjoining
plazas, parks, greenways, sidewalks, traffic islands, roadways, public
buildings, lobbies, courtyards and towers, etc.;
· Spaces may only be accessible to the public;
· Locations can include surface treatments of buildings, retaining walls
and bridges. The definition of "location" can also be expanded by an
artist's ability to extend the possibilities for public art, and would then be
determined on a case-by-case basis;
· Projects can also include artist-designed features that might otherwise
be provided by commercial sources, such as gates, water fountains, tile
and surface materials, doors, furniture, clocks, lighting fixtures, railings,
signage, etc.
B. Eligible Public Art Components
On-Site Art in Public Places
The Arts Commission is receptive to the broadest definitions of art and encourages
imaginative interpretations of media. The possible media and materials, which might
be used for permanent or temporary installation, decorative or functional purpose,
include:
. Sculpture: Free-standing, wall supported or suspended; kinetic,
electronic, etc., in any material or combination of materials;
· Painted and mosaic murals;
· Earthworks, fiber works, neon, glass, mosaics, photographs, prints,
calligraphy, any combination of forms of media, etc.;
· Standardized fixtures such as gates, streetlights, signage, etc., may be
contracted to artists for unique or limited editions.
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Boynton Beach Arts Commission
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BUDGETARY GUIDELINES FOR DEVELOPERS
A. Eligible Costs
All artworks created by artists are considered eligible expenses for the Art in Public
Places Program as well as the following:
. Structures, which enable the display ofthe artwork(s);
. Artist's budgets for projects, which will be expected to cover:
. Professional fees for the artistes)
. Labor of assistants, materials and contracted services required of the
production and installation of the artwork
. Any required permit or certificate fees
. Business and legal costs directly related to the project
. Studio and operating costs
. Communication and other indirect costs (insurance, utilities, etc.)
. Travel expenses of the artists for site visitation and research
. Transportation of the artwork to the site
. Installation of the completed artwork
. Documentation of the artwork (color slides, etc.)
B. Ineligible Costs
· Directional elements such as super graphics, signage or color-coding
except where these elements are integral parts of the original work of
art;
· "Art obfects. which are mass-produced of standard design such as
playground equipment, fountains or statuary objects;
· Reproductions, by mechanical or other means, of original works of art,
except in cases of film, video, photography, printmaking or other media
arts;
· Decorative, omamental or functional elements that are designed by the
building architect as opposed to an artist commissioned for this purpose;
, ,
· Landscape architecture and landscape gardening except where these
elements are designed by the artist and/or are an integral part of the
work of art by the artist;
· Services or utilities necessary to operate or maintain the artwork over
time.
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Boynton Beach Arts Commission
Guidelines and
Recommendations
ART IN PUBLIC PLACES ART SELECTION GUIDELINES
The following are specifics that will guide the art selection process. The Art selection
process is very similar to the architecture and construction of a building. Our reference
document provides detailed examples of this process.
. Will the art component be concentrated in one area or distributed throughout
the public spaces?
. Is the proposed project/program a collaborative effort? If so, specify the
participants, responsibilities, and proposed arts budget allocation to non-arts
components, if applicable.
. How will the art component function within the whole development? Activate a
space? Provide a landmark? Serve a function (gateway, seating, etc.)?
. Who are the primary and secondary audiences for the artwork or cultural
program (pedestrians, building users, tourists, automobile traffic, etc.)?
. How has the anticipated audience influenced your choice of artwork?
. If applicable, describe plans for artwork to conform to necessary safety and
functional requirements. Who will assist on these requirements?
. Describe plans for fabrication and installation of the artwork.
. Describe needs and plans for ongoing maintenance or program development
responsibilities.
. Please submit 50 percent schematic design, with model, if appropriate.
Refer to the Reference Document: Criteria and Evaluation Tools for more on this topic.
VII. PRIVATE OWNERSHIP AND MAINTENANCE REQUIREMENTS
A. Maintenance
All privately sited artworks shall remain the property of the owner for the life of the
Certificate of Occupanci Details are explained in Other Program Considerations.
B. Location, Installation and Identification
. Artworks for public and private projects must be located in an exterior area,
which is accessible to the public at all times.
. Installation of the artwork should be planned to complement the work and
allow for unrestrained viewing from a variety of vantage points.
. Potential obstruction of growing trees, shrubbery, or future construction
should be taken into account.
· The artwork shall be a permanent, fixed ass~t to the property. A plaque
stating the artist's name, artwork title, shall identify each artwork and date
the artwork was dedicated. The plaque will be placed in an appropriate
location near the artwork that can be easily accessed by pedestrians.
C. Private Placement
. On-Site: The artwork shall be displayed in one or more of the following
locations on the site of the commercial structure:
. Architecturally integrated into the structure or hardscape.
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';;<~.:jh
. Placed as a discrete object in any exterior localionopen and
available to the general public, in a manner, which complements the
artwork and site.
. Off-Site: At the request of the applicant for a Certificate of
Occupancy, the artwork may be located on a site other than that of
the development provided, however, that the site is selected by the
Arts Commission.
, ,
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INSERT % FORMULA
. ,
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Art Commission Services
~'-y,
The Services the Art Commission proposes to provide:
The Arts Commission recommends that it become an integral part of the development
review process for any new or major modification to a project. The goal is to make
recommendations for the inclusion of Art into the project from the planning stage, and to
manage the Artwork's creation and execution so that it will enhance the project, provide
positive community relations and attract its target market as well as visitors to the project.
Some of the services the Art Commission proposes to provide are as follows:
The Arts Commission will participate in the development review process by
creating an Art amenity that will have positive impact on the project, to attract its
target market, generate good community relations and motivate visitors to the
project
The Arts Commission will create a positive public relations program based around
the art and highlight it through events
The Arts Commission Will work with engineers on safety, installation and permit
issues.
The Arts Commission will provide legal documents necessary to include art in
projects
The Arts CommissJon will work with city departments to consult and manage the
installation of the-art piece in project
The Arts Commission will provide a tax write off on the portion of the project that is
dedicated to the Art.
The Arts Commission will provide ongoing supervision and recommendations for
the maintenance of the Art in the project; however the project owners association
will be responsible for maintenance costs.
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Process Outline
A. Pre Application Review Meeting
At this meeting, many city departments review the preliminary site plan of a project.
Typically, the following boards/department representatives are in attendance, along with
the builder or builder's agent:
. Building
. Public Works/Utilities/ Fire
. Engineering
. Planning Staff
The Arts Commission recommends that at least one of its members attend these
meetings to review the projects. As the project is discussed, the Arts Commission
member can provide feedback and contribute ideas to the plan where Art is concemed.
The Arts Commission recommends that the following information be obtained at this
meeting and included on the Planning & Zoning Standard Review Comments form:
1) Image for project
o Design intent or concept for project?
o What is the concept or design of the project?
o What will the project portray?
o What will it represent?
2) Specs for project
o What elements (materials, construction methods, dimensions,
etc.) will the project encompass?
o What amenities will it offer?
3) Budgets designated
o What are the preliminary construction costs?
o What is the overall (construction) cost of the project?
o What, if any, costs apply to the Art in the project?
4) Marketing objectives
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o What market will the project target?
o What is the demographic profile for the residential and/or
commercial project?
B. FTR- Final Technical Review
Meeting that determines and defines the specifications for the project. Costs for project
are defined and budgets set.
The Arts Commission will playa part in the review where Art in the project is concemed.
C. Site Plan Submitted - Site Plan Approval
At this stage, the Arts Commission recommends that coordination take place with
architects and planners on timing, delivery and installation of the Art in the project
D. Scheduling fundraising and unveiling event
The Arts Commission recommends that it assist and coordinate with other City
departments, developers and the Chamber of Commerce to coordinate an Art
unvei/ing/fundraiser event. This will be a key way to raise funds for the Art in Public
Places Program and to provide the project with positive press and advertising.
E. Maintenance
The Arts Commission recommends that the project's property owner's association
maintain the Artwork, once in place. The Arts Commission will work with the City Attomey
and Finance Department to develop the appropriate language and budget allocations to
integrate into the associalion regulations that will provide for the proper maintenance of
the Art in the project.
Presented May 24, 2005
Revised 9/30/05
Page 27 of 64
Boynton Beach Arts Commission
Guidelines and
Recommendations
BOYNTON BEACH
RECOMMENDED PUBLIC ART
SELECTION PROCESS
City Commission
. Approves Arts Commission guidelines
. Allocates art percentage
City
· Approves/executes artist contract
City Planning DeptlCRA
. Notifies Arts Commission of (re) development
project and conceptual plan
Arts Commission and City Staff
. Affirms artist recommendation
. Negotiates artists contract
Arts Commission
· Defines project budget. parameters-and selection
process
. Issues call for artists
· Recommends and appoints Juried Artist Selection Panel
Arts Commission
· Reviews artist recommendation
. Transmits artist recommendation to
Technical Review Board
.lurled Artist Selection Panel
. Interviews artisls. reviews proposals
. Recommends artist for project
05
05
Page 28 of 64
Boynton Beach Arts Commission
Guidelines and
Recommendations
Art Procurement Process
Methods to Procure Art In Public Places
The Arts Commission will consider the following methods for acquiring art for the purpose
of Art in Public Places Program:
Direct purchases
This is defined as the purchase of existing art pieces created by locally, nationally
and internationally recognized artists for placement in the Arts in Public Places
Program.
Commissioning
This is defined as commissioning newly created art pieces from artists locally,
nationally and internationally, for placement in the Arts in Public Places Program.
The Arts Commission will host a Call to Artists process to obtain the Art for a
specific project. The Arts Commission will act as a design team bringing Artists,
architect and design professionals together to work on an overall design of a site
or major project.
Gifts
Art can be donated to the Art Commission for its Art in Public Places Program.
Gifts are tax deductible and must meet the same criteria that other art projects are
required to meet.
Temporary Lending Program
The Arts Commission will initiate a temporary Art in Public Place program. It will
identify and designate areas in the City for rotating art placement and qualify art for
placement in these areas.
Coordinate with other City programs
The Arts Commission can coordinate with other City programs such as Schools,
Parks & Recreation, The Arts Center, Schoolhouse Children's Museum, The Civic
Center, The Library, The Hester Center, The Wilson Center, Sister Cities,
Neighborhood Associatiol'!s, Organizations, Neighborhood Art Gallery, etc., to
enhance and display art created within these programs. In addition, the Arts
Commission can accommodate these programs by placing art on display at or in
facilities, or on behalf of, on a permanent or temporary basis.
Regional, National and International Rotating Art Exhibits
The Arts Commission will recommend, procure and designate locations for
display of traveling art exhibits.
Presented May 24, 2005
Revised 9130105
Page 29 of 64
Boynton Beach Arts Commission
Guidelines and
Recommendations
The Art Commission proposes the following considerations when purchasing,
commissioning, placing and decommissioning art in Public Places:
Does the Art...
. Enhance the City's image
· Create a positive image and identity
. Express who we are as a community
· Make Boynton a destination location
· Provide investments and amenities that will increase in value
. Educate the community
. Create a sense of civic pride
· Evoke emotion and stimulate community interaction
. Improve the environment
. Enhance the quality of life
· Create a greater cultural base
· Preserve community history
· Attract the arts, artists and art advocates to the community
ART FORMS
The Arts Commission will initially focus on Visual Art. Once the Art in pubac Places
Program is established, it may recommend that its focus be broadened to include other
art forms such as Theater, Music and Dance, etc.
WHAT IS VISUAL ART"l-
The following are generally considered examples of the Visual Art the Arts Commission
will focus on:
, ,
Primary Focus
· Two Dimensional
· Three Dimensional
. Mixed Media
. Kinetic
· Film & Video
· Computer Generated
. Installation
. Functional
Secondary Focus
. Events & Festivals
. Education
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Revised 9/30/05
Page 30 of 64
Boynton Beach Arts Commission
Guidelines and
Recommendations
Presented May 24, 2005
Revised 9/30/05
Page 31 of 64
Examples of Visual Art
Boynton Beach Arts Commission
Guidelines and
Recommendations
The following are examples of Visual Art and their budgets in other cities
Art in Public Places Programs:
The following examples are courtesy of the Miami-Dade Art in Public piaces permanent
collection. Estimated budgets are highlighted in red---please note, these are only estimates, not
exact figures for their current worth. Because these pieces are site specific and wHI always remain
part of the Miami-Dade Art in Public Places permanent collection, they do not have an accurate
estimate of what the pieces are worth today. As well, there are no comparables to base the
current costlworth estimates of these pieces.
Carlos Alves
"La Palma," "Ventana Solar,"
& "Porton de Sentimientos" 1994
Ceramic tile & mixed media
Calle Ocho (Eighth Street) Metrorail Station
$65,000
A Miami ceramist, Carlos Alves used found
objects and broken tiles to create three unique
installations at the Eighth Street Metromover
Station. On the south side ofthe station, "La
Palma" (The Palm) rises from ground level to the top of the station. Alves references the
poetry of Jose Marti in which the royal palm representsfrel3dbm. On the north side,
"Port6n de Seotimientos. (Gates of Sentiments) symboliZes the gateway to Calle Ocho.
Using recycled ceramics and items e.rribedded in clay and collected from Calle Ocho
merchants, "Ventana SOiar" (Solar Window) represents a Cuban colonial window.
Karel Appel
"Tulip" 1984
Aluminum, painted
West Dade Solid Waste Transfer Station
$40,000
Hand-painted by the artist in bright hues, ''Tulip''
is Appel's first large-scale sculpture. This
abstracted tulip is fabricated in aluminum,
painted in vivid colors, and located at the Solid
Waste Transfer Station on a grassy knoll. Appel
began his artistic career in The Netherlands, was the founder of COBRA, an art
movement based on color and a precursor of Pop Art, and now works out of New York.
Page 32 of 64
Presented May 24,2005
Revised 9/30105
Roberto Behar & Rosario Marquardt
"M" 1996
Concrete, stucco & clock
Boynton Beach Arts Commission
Guidelines and
Recommendations
Riverwalk Metromover Station
$90,000
Designed as an entranceway to the station, the 45-
foot-tall "M" integrates the street with the lofty eight-
story station, creating an intimate scale. The
monumental structure, commissioned for Miami's
centennial, is located on the historical riverfront site
where Julia Tuttle's homestead once stood and
serves as a tribute to and celebration of Miami.
Alexander Stirling Calder (after)
Delights a nd Terrors of the Sea,
1983
Cast stone Vizcaya Metrorail Station
$60,000
In 1915. James Deering
commissioned renowned sculptor
Alexander Stirling Calder (1870 ~ 1945) to create amajorillstallation fotVma Vizcaya.
Calder cre.ated a series of mythical mermaids and mermen to adorn the. villa's Great
Stone Barge that lies a few feet off shore in Biscayne Bay.
For the entrance to the Vizcaya Metrorail Station, contemporary artist Mark Jeffries
replicated Calder's sculptures in cast stone. Using special molds, each replica was
formed with a sand-based aggregate and then resculpted by Jeffries to sharpen timeworn
features. The. Calder sculptures were integrated into a modem fountain.
Alexander Stirling Calder Was the father of Alexander .Sandy. Calder, known for
inventing the mobile and as a pioneer of Kinetic art.
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Revised 9/30/05
Page 33 of 64
Rockne Krebs
The Miami Line
Neon
Location: Spanning the
Miami River, Downtown
Miami
J984and 1Q88 .
1984149.740 and 1988
$17,000. Maintenance of this
piece is at least $11,000 a year
Boynton Beach Arts Commission
Guidelines and
Recommendations
The Miami Une is a 154O-foot-
long neon sculpture spanning
the Miami River created by
VVashil"i9!pn-based artist
ROckne I<r~bs. Since it~ creation, T~eMjami Une has ~1lO~ a signature element of the
d9WntownMiami skyline and has beerj'featured in counlli'ssphotographs, Stated Krebs, "the
Miami line was conceived as a means to generate visual d~al'"na.<lnd cr~te an idenllfying
element which is unique to Miami by simply . ~""'JE1X'!lf~
enhancing what is already present... . .
Krebs created the first phase of The Miami Une in
1984. It was 300 feet long. Due to its great
popularity. the piece was greatly expanded in 1988.
GalYMoore, Gerilld Marston&WRT Inc.
"Ninth Street Pedestrian.Mall" 1-995
Rustic terrazzo, dyed concteteunit pavers,
bronze inserts & landscaping.
Historic Overtown. Downtown Miami
$60,000
The Ninth Street Pedestrian Mall, an innovative
collaborative infrastructure project, spans Ninth
Street from First to Third Avenues, and the Metrorail
guideway from 8th t010th Streets. The main plaza is
constructed of rustic terrazzo in vibrant oranges,
yellows, blues and greens, punctuated with casual
clusters of seating, whimsical light poles and
commemorative bronze medallions celebrating the
history and heritage of the Overtown Community.
Concrete block pavers in a pattem inspired by
African Kente textile weavings create a colorful rail
plaza. Future planned additions to the mall include
streetscapes for the historic Overtown Folklife Village, a multi-use perfonnance plaza for the Lyric
Theater, basketball courts and a sculptural Overtown Tower.
Page 34 of 64
Presented May 24, 2005
Revised 9/30/05
Edward Ruscha
'Words Without
Thoughts Neverto
Heaven Go" 1985-
1989
ACryliCon Canvas
Ma...1n. 1... i.bfa.......ry..
.......":-:,......-.,..;::..:. .
DowntoWl'lMiami
$280,QrJO,(ll11Iount
itrc1udes lunettes and
main piece in
rotunda)
Boynton Beach Arts Commission
Guidelines and
Recommendations
Edward Ruscha is
best known for his
exploratlbr\ofthe .. .. .. . '. . ... . '. . ..> .....,
meaning' and power of w<>rds. ..tn .this, his f\~tpublic art commission. Rusella .t~k a quote
fromShakespeare,'sHafflfet;'Words Without Thoughts Never To Heaven GO,"fIoated
eachword:~~paratelY~na$ky-like ground; and installed the 360. mural in a Califomia
artist C6Jltin",ousftie~in'ttle first floor rotunda.
In.a second PhaseoUtlel,:9mmission, Ruscha designed sixty related lunettes (moon-
$b!ilped paintings)folipl~ment throughout the Iibrary's two floors. The backgrounds of
thelui1etta$,are,p~.~k, white, and gray, contributing to a unifying theme reflecting
,the,sp.irit ofbla~k. rn1t}P'19f~. on white paper. These works contain provocative and
. whImsical bits of langu8tJEf, serving to stimulate library users' thoughts about the nature of
language ang Jil)guis~ic's.
Page 35 of 64
Presented May 24, 2005
Revised 9i30/05
Top Ten Things is a
handmade ceramic tile mural
created by artist Beryl Solla for the SI. Agnes - Rainbow Village Family Development Center
located at 321 NW 20th Street, Miamt. Children and adults from the local community participated
in making ceramic shapes for the mural. Their artwork, along with the artist's large ceramic
shapes of toys and tools, work together to address the issues of community learning, play and
joy. The finished mural is an arch SIX feet wide by eighteen feet tall.
Beryl Solla has worked on large-scale public art and community-based art projects for over ten
years. She has always felt that Public Art projects should be community-based and reflect the
needs, interests and history of the community in which it is placed. She strives tu engage the
community in her sculpture either conceptually or directly
Boynton Beach Arts Commission
Guidelines and
Recommendations
John Andrew Smith
Martin Luther King, Jr., 1982
Sfleet Copper, Bronze
Dimensions: 104 x 29 Yo x 58
Location: Martin Luther King Park, 32nd Avenue
& NW 62nd Street
$10,000
Miami artist John Andrew Smith created the 10-foot-
tall bronze'and copper statue of Martin Luther King,
Jr. for the park of the same name. Stated the artist,
''The statue of the slain civil rights leader and Novel
Peace Prize Winner was originally commissioned as
a life-sized replica of Dr. King. As time progressed, it
seemed as if the sculpture would be twice the size of
~ife.1J
Beryl Solla
Top Ten Things, 1994
Ceramic mural
SI. Agnes Rainbow
Village
$11,000
Page :;6 of 64
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Revised 9/30/05
Elyn Zimmerman
"Keystone Island"
1989
Cut keystone,
concrete, metal and
natural pond
North Dade Justice
Center
$262,527
Boynton Beach Arts Commission
Guidelines and
Recommendations
/]''''-.0'';
This environmental
artwork creates a
contemplative area
where people can relax
andenjqy the.l:latu[l~1
w;tdlit&of;~uth ,.,.
FtQtida: l:J~irig
irl~!$J~r.ou~eoral '.. " ,. ... , .', ,};"..~:,
k~ystOn:e, the artis\crea'~"!<eystone Island" SS allnkbetWElen heavily traveled US1 and
a natural mangrove ha~j~t. 2;immerman is inspired by Zen gardens and tantric principles.
web Site
~2002. Miami-Dade County.
'Allrights'reservea. "
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Revised 9/30/05
Page 37 of 64
Tampa Public Art
The following art examples of Art in Public Places
in the Tampa area.
Robert Calvo
Arcade, 1990
Steel, Wood
Two bridges, 5' x 35'
AI Lopez Park
Calvo's artwork, a set of two cor-ten steel and
wood pedestrian bridges within the grounds of AI
Lopez Park, serve to .emphasize a particular part
of the park demarcated by two creeks. The
bridges serve as portals or gateways for the
pedestrians utilizing the site, evoking both a sense
of place and the passage of time.
Boynton Beach Arts Commission
Guidelines and
Recommendations
lWt' ~~. . .
;."~ .:(, , .'''. ...~,::...
' .'''' .r."~~,
r , .' ,"_' , _
:. . to .-
.' '.". .'~-~~. ::.~~~..:- :~--
Connie LJoveras
Ybor City Streetscape,
2000
Granite and paving stones
123 tobacco-shaped leaves
of variable dimensions
7th Avenue, Ybor City
Photo: Copyright 2000 Steven
Traves
These depictions of tobacco
leaves, scattered along the
Seventh Avenue streetscape,
serve to integrate the economic
and cultural history of Ybor
City. Each leaf contains a
quote from long time resident
Ferdie Pacheco.
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Prese"ted May 24, 2005
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Boynton Beach Arts Commission
Guidelines and
Recommendations
John Rogers,
Great Ball of Pliers
2003
Powder coated galvanized steel, aluminum,
safety-red pliers, diachronic glass, and cables
3806 E. 26th Avenue and 40th St.
Artist Concept:
Great Ball of Pliers is a three frequency geodesic
sphere constructed from 270 steel struts connected
by 96 red safety pliers. At 24' high & 14' in diameter,
the sculpture serves as a symbolic m;!uker placed at
the comer of Easf 26th AVe. and 40th Street, for the
Department of Public Works (DPW) yard. My
objective was for the sculpture to be humorous, fun,
and mysterious while implying deeper meanings.
Starting in late 2001, and ending in 2003, this
project was two years in the making and included
three different design phases & reviews.- The Initial
concept was to explore ideas using equipment that
the DPW uses, sl.Jch as traffic cones or street barriers, and assembling them in a sculptural way.
When for various reasons these were abandoned, the search began for an image that relates the
processes of the DPW and visually acknowledges their role in the interconnection between
mechanical infrastructures that create the fabric of our society.
While exploring these ideas-it occurred to me that the geodesic form is a perfect symbol 10
represent these interconnections (by connecting three different size triangles the sptlere is born). I
felt that using pliers as the triangle hubs was a good way to represent the hand of man. Pliers are,
after all. a universal symbol of assembly and construction.
There are other visual and metaphorical layers to the Great Ball of Pliers. First, due to the
supporting framework, there is the illusion of movement forthe drive-by viewer-as though the
sphere is rotating in its cradle. The sphere is supporte(J by a central stanchion viac::ables that also
help to form a network of supports fQr triangular pieces of cyal) diachromafjc gla~s. Arranged in a
circular pattern, the glass reflects moving colors created by the passingl;.un al)d makes every
view different for the passers-by. I liked the idea of the sphere surrounding, protecting and
supporting a material that represents illumination.
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Revised 9/30/05
Page 39 of 64
Boynton Beach Arts Commission
Guidelines and
Recommendations
Temporary Lending Program
This is an example of a piece of art that is on loan to the City of Boynton Beach. The Arts
Commission recommends that they will expand on this program.
Rick Beau lieu's turtle bronze sculpture in the City of Boynton Beach lobby.
Page 40 of 64
Presented May 24, 2005
Re.ised 9/30/05
Boynton Beach Arts Commission
Guidelines and
Recommendations
Call to Artists Procedure and Artist Selection Methods
Art Jury Committee/Panel
A jury is selected by canvassing art professionals that will make up a credible panel for
the purpose of judging art for the Art in Public Places Program. The panel will consist of
curators, architects, artists, teachers, photographers, writers and other art professionals
who have established notoriety and National or International accomplishments. The Arts
Commission recommends in the case of a Call to Artists for a developer project that a
City Representative, CRA Representative and a developer representative become
members of the Jury Panel. This jury will be selected and managed by the Arts
Commission. Once a Call to Artist is initiated and proposals are collected, the Art Jury
Committee will receive the applications from the Arts Commission and narrow down the
candidates to the designated number.. The Arts COmmission will then send a letter to
each candidate to alert him or her of thl;l next step (outlined in "Call to Artists"). The
candidates will then meet the next level of criteria and subrnit materials for final judging.
The Art Jury Committee will receive this material, review it and set up a one on one
interview with the artists to have them present the project. The Art Jury Committee will
select a finalist and present the finalist to the Arts Cornmission. The Arts Commission will
announce the finalist, have the selected artist, and project officially made known.
ARTWORK SELECTION
A. Selection Criteria for Artists
General criteria to conskfer in selecting artists for public or private projects should
include:
1. The aesthetic and technical quality and originality of the artist's previous work as
evidenced by slides and other supporting materials;
2. The artist's previous experience with public art projects of a similar scale and
scope;
3. The artist's demonstrated ability to execute and complete a project in a timely and
professional manner;
4. The artist's ability to communicate ideas verbally and visually, and work effectively
in a team environment;
5. The appropriateness of the artist's proposal to the particular project and its
probability of successful completion;
6. A wide variety of nationally known artists as well as local artists.
B. Selection Criteria for Artwork
General criteria for the Commission or Developer to consider in selecting artwork for
public or private projects should include:
1. Quality: artwork demonstrates originality, artistic excellence, and quality;
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Page 41 of 64
Boynton Beach Arts Commission
Guidelines and
Recommendations
2. Media: all visual forms and media may be considered, subject to the selection jury
or the Arts Commission;
3. Style: artworks of all schools, styles, and tastes should be considered;
4. Response to Site: artworks and art places should be appropriate in scale, material,
form, content, and value for the immediate, general, social, and physical
environments with which they are to relate;
5. Team Approach: encourage the early involvement of the artist as a member of the
project design team of architect, engineer, landscape architect, etc.;
6. Durability: consideration should be given to structural and surface integrity,
permanence, and protection against theft, vandalism, weathering, excessive
maintenance and repair costs;
7. Elements of Design: consider that public art, in addition to meeting aesthetic
requirements, may also serve to establish focal points, terminate areas, modify,
enhance, or define specific spaces or establish identity;
8. Public Liability: artworks and art places should be examined for unsafe conditions
or factors that may bear on public liability;
9. Diversity: strive for diversity of style, scale, media, artists, community values, forms
of expression, and equitable distribution of artworks throughout the City.
C. Selection Methods
Artworks for private projects may be selected in a variety of methods. In addition to
advertising of projects, the planned Art in Public Places Program Artist Registry will be a
resource for the review and direct selection of an artist or artwork. Selection methods may
include but are not limited to:
1. Open Competition: The project is advertised locally, regionally, nationally or
internationally and-through the planned artist data bank. Interested artists may
submit materials for review, which include slides, letter of interest, resume and
supplementary materials such as reviews, articles, books or brochures.
2. Limited Invitational: A selected number of artists are invited to submit materials for
review. Artist finalists may be selected to submit detailed models for the project for
which they will be paid a fee.
3. Invitation: One artist is invited to submit materials for review, and may be
commissioned to create a d.etailed proposal.
4. Direct purchase: An existing work is purchased for a specific project.
Page 42 of 64
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Boynton Beach Arts Commission
Guidelines and
Recommendations
ARTIST SELECTION METHODS
Private Development Process
1. Public Art Deve/oDers Guide received upon contact with Planning Department;
2. Arts Commission contacted;
3. Public Art fees paid to receive building permit;
4. Pre-Design consultatkm with Arts CommisSion member(s);
5. Artwork site/artwork selected;
6. Art in'Public Places application submitted;
7. Review/approvals of artwork site and artwork (Arts Commission and appropriate
city staff);
8. Artist/artwork commissioned/donated/purchased;
9. Artwork installed;
10. City notified of completion/Certificate of Occupancy application;
11. Application for return of refundable portion of public art fee.
Commissioned Art Procedure
City or Developer meets with Arts Commission to review the project and its specs. This is
where we get the following information and evaluate the proposed project. It is a fact
finding and information sharing session. The Project Manager or developer will give
infonnationabout their intent and scope of the project, The Arts Commission will provide
feedback on the art participation in the project. The Arts Commission member present at
the meeting will bring the following information back to the Art Commission meeting for
discussion:
. Description of the project
. Tl;lrget Market for Project
. Specs of the Project
. Timeframe
· Budget for the project
The Arts Commission will prepare-the projects criteria, evaluate whether the project will
need to incorporate art as a purchase or commission. If a commission is determined then
the Arts Commission will initiate a "Call to Artists".
A "Call to Artists" is a process in which artists locally, nationally or internationally can
submit via application process their credentials and materials to determine eligibility for
the project. They are competing for tne award to produce the Art in Public Places project.
Presented May 24, 200S
Revised 9130105
Page 43 of 64
Boynton Beach Arts Commission
Guidelines and
Recommendations
The Arts Commission prepares project criteria and determines the scope of the Call to
Artists contest A database will be managed, of artists, organizations and associations in
which the Call to Artists can be executed. The Arts Commission will determine the scope
of the project and whether the Call to Artist should be limited to local artists or opened to
national and/or intemational artists. The Arts Commission will then define the project and
prepare a document that details the project. The.criteria will depend upon the level of
scope of artists the Arts Commission wants to "Call". The preliminary "Call to Artists'
information should include:
· Project title
· Project goals/budget
. Artist Eligibility
. Criteria Guidelines
. Application Process
. Selection Process
· Submission guidelines and mailing instructions
· Entry deadlines dates
· Finalists Responsibilities
Once this information is determined, the Arts Commission will contract a design firm to
produce graphics for the initial "Call to Artist" information. The first release is designed to
get an initial interest and awareness in the project.
'This is demonstrated by Article labeled "Call to Artist" interest info in the Research
Document
The information can be distributed through mailings, posted on the Arts Commission web
site, through news releases targeted towards existing associations, organizations and
publications. The interested parties reply to the mailer requesting a Preliminary
Submission Form. The article in the Research Document is an example of a preliminary
"Call to Artists". This information can be obtained by either mailing the info to the artist or
by downloading a pdf from the Arts Commission web site. This is step two of the art
selection process. The forms are completed by the Artist and submitted by the deadline.
The applications are reviewed by the Art Jury Panel, which narrows down the candidates
to the designated number. The Arts Commission will then send a letter to each candidate
to alert him or her of the next step. This step will require a complete proposal for the
project meeting all of the projects criteria. In addition, the artist will be required to create
a maquette or mock up of the project. The artists are paid a fee to create a maquette or
mock up of the project The information that will be required in this proposal is:
. How the artists work relates to the site and the design addresses the site needs
. How the artwork meets the criteria for the project
. What interests the artist about the project
. Proposed materials samples
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Revised 9/30/05
Page 44 of 64
Boynton Beach Arts Commission
Guidelines and
Recommendations
~~.."'... ~^.-"
. Itemized budget estimates including liability insurance duringthe contract
period.
. Specific maintenance requirements
. Timeline of development. fabrication and installation
The Art Jury panel sets up a one-on-one interview with the artists to have them present
the project proposal. The Art Jury Panel will select a finalist and present the finalist to the
Arts Commission. The Art Commission will release the finalist and have the selected
artist and project officially announced. The Artist then is contracted to do the project and
the project is processed through the technical review board and permit process.
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Revised 9/30/05
Page 45 of 64
Boynton Beach Arts Commission
Guidelines and
Recommendations
Legal Recommendations
Contracting with Artists
The City shall develop a standard form for contracting with artists. The scope of work,
schedule and payment schedule shall be adapted for each project. The Arts Commission
together with the City Attorney and the Finance Director shall negotiate each contract.
The City Manager and the City Commission must approve final contracts.
The Arts Commission will select the art. The City will determine the process for the
expenditure of the funds.
Artists' Fees
Artists shall be paid for all creative work requested by the Arts Commission. Artist fees
are defined as the payment by the City or developer to the artist for professional services
exclusive of other project costs such as materials and other labor, studio, overhead, travel
and per diem expenses. The following factors are intended as guidelines for determining
the artist's fee:
. Scope of work and length of artist's involvement
. Project budget-fee ranges (usually based on a percentage of the total artwork
budget)
. Artist's experience and professional standing
. Fee scale for similar scopes of work on comparable projects (The Arts
Commission could gevelop flexible scale recommendations based upon similar
projects)
Outline Contract
Outlined below are the various sections, which are typically included on an artist contract.
Those, which are considered "boilerplate", will not be discussed in any detail; the City will
have its own version of these sections.
Header:
The header provides basic information used for administrative purposes, such as the
project name and number, contract number, funding source and expiration date of the
Contract.
Title:
Title describes the type of contract, centered and highlighted in some manner. Some
typical examples, with a brief description of the agreements, are:
· Sited Artwork Commission Agreement: for the fabrication and installation of
permanent artworks being located at a specific location(s).
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Boynton Beach Arts Commission
Guidelines and
Recommendations
~~'-'~-. .-,...-.,.
. Portable Works Purchase Agreement: for the creation of portable artworks, such
as a painting, sculpture, glass or ceramics, of a sufficient monetary amount
requiring a contract.
. Agreement for Design Services: for services resulting in an artwork proposal,
construction documents for an artwork, an art plan, or some other design not
resulting hi an artwork product within the terms of this agreement (a Sited Artwork
Commission Agreement might follow).
. Agreement for Collaborative Design Services: for an artist's work on a design team
project, again resulting in an art plan or artwork proposal. but no final artwork
created within the terms of this agreement.
Contents of Agreement:
Names the various parts of the contract: Scope of work, Compensation Terms, Standard
Terms (boilerplate) and attachments.
Term of Agreement:
Provides the expiration date of the contract. Allow time after completion of the scope of
work for any other deliverabl.es to be submitted and other administrative details Which
may have to be handled prior to closing out a contract.
Scope of Work:
This section should be as complete as possible. It spells out the artist's obligations and
the expectations for his/her work. It is not simply a description of the artwork/services the
agency is purchasing, but an outline for the work the artist is performing. It gives the Who,
What, Where, Why and How of the work the artist will execute and that is being
purchased.
Here are descriptions for scope of work for two commonly written types of agreements:
. Design Services: In this type of contract, it will be specified with whom the artist will
. be working (with other departments, designers, community members), What the artist
will be producing, where the artist will perform the wo.rk (are they traveling to your
jurisdiction, is the a residency?), for what purpose (to develop an art plan, to design
artwork, etc.) and what schedule will he/she follow.
· Artwork Commission: This is often a fabrication contract; sometimes it includes
design development and fabrication.
o Specify whether this is a sited, site-integrated, portable work or other type of
artwork, and what aspect of the site is part of the artwork, defining the type of
artwork will help to define the extent to which the Visual Artist Rights Act
(VARA) applies to this artwork should it, or its site. need to be modified.
o Include a detailed description of the artwork. If you want to include very
specific aspects of how the work Will be performed, and what the final product
will be, consider requiring specifications, which can be an attachment.
o Specify other work the artist is to perform. Do you want the artist to give a
lecture, attend dedications, etc? Do you expect the artist to install in addition
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to fabricate the work? Will someone else install the artwork? Will the artist
be expected to coordinate someone else's work?
o In order to complete the work, the artist may need to consult with
conservators or others.
o In addition to the artwork, you will want the artist to provide detailed
maintenance instructions. Other documentation about the artwork may be
important for your files, such as descriptions, statements, and photographs
and slides.
Anything unusual can be included in the scope of work section. The more that is
anticipated and included, the more beneficial the contract will be for all parties involved.
The following clauses are typically included in commission contracts:
A. Description of Artwork
B. Consultation with Conservator
C. Travel to jurisdiction in which work will be performed]
D. Time of Completion
E. Artwork Documentation and Maintenance Instructions
F. Acknowledgement
Public Information:
This section says that the Arts Commission shall be solely responsible for coordinating public
information materials and activities related to the dedication of the artwork. It is intended
to prevent conflicting information from being provided by different sources.
Compensation Reimburseme_nt:
This section spells out the total compensation that the artist will receive for the completion of
all the tasks outlined in the scope of work, including any reimbursement for travel or
taxes, if applicable.
Schedule for Partial Payments of Compensation:
Here the compensation is divided into several payments for which the artist invoices the City.
Receipt of payment is contingent upon the artist providing various deliverables or meeting
milestones, which are spelled out for each payment increment Some examples of items
considered dellverables are: fabrication drawings, specifications, budgets, schedules,
proof of insurance or actual parts of the artwork. The expectation is that the artist has
performed the work, purchased materials, or become obligated to pay for orders placed
prior to paying him/her prior to submitting the invoice, so that the City is not extending
Credit to the artist.
Process for Payment of Compensation:
This section essentially says that the artist needs to submit an invoice documenting work
performed in order to receive payment
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Process for Reimbursement of Expenses:
Generally, an artist is responsible for all expenses. Occasionally, funds are set aside for
travel on a design services contract.
Process for Payment of Taxes:
This section affirms that the artist is responsible for paying and submitting all taxes.
The City may include boilerplate sections such as the following modeled directly on contracts
in use elsewhere in the City:
. Artist is Independent Contractor
. No claim by Artist's Employees, Contractors or Other Parties Allowed.
. No assignment of Work Without Authorization
. City Authorized to Review Work in Progress
Use of Subcontractors: If the artist engages subcontractors or other trades to aid in the
execution of the contract, the artist shall be responsible for the payment of such work
done by these subcontractors and shall secure evidence of payment by waiver of lien by
these subcontractors.
The following sections pertain to considerations as outlined in the Visual Artists' Rights Act.
The City may wish to extend these rights in a limited fashion to artworks that are not
necessarily covered in the legislation:
Artists' Rights: After final acceptance of the artwork by the City, the following artists' rights
shall be guaranteed:
. Maintenance of public artworks shall be the responsibility of the City or
developer or property association and not the artist. The responsible party
shall make reasonable efforts to maintain the artwork in good repair, The
responsible party shall attempt to consult the artist on major repairs.
. The artwork shall not be altered, modified, removed, or relocated from a site
integral to the concept for the work without first consulting with the artist, if
reasol1ably possible. If a work, nevertheless, has been significantly altered,
the artist shall have the right to disclaim authorship.
. Copyright ofthe artwork shall belong to the creator(s), but the City or
developer or property association shall be granted in the contract the right
to make two-dimensional reproductions for non-commercial purposes.
Copyright:
City's Right to Reproduce Images: typically, the artist retains copyright, while the City keeps
the right to reproduce images for educational or, as defined for the Arts Commission,
municipal purposes. This allows the City or Arts Commission to publish images in a
newsletter or distribute images of the artwork or artwork proposal to the press.
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City Records Regarding Artwork:
This section says that records regarding the artwork and its creator will be kept on file. It is
the artist's responsibility to keep the agency informed as to his/her whereabouts, in case
the City and/or Arts Commission need to contact them about changes to their artwork.
Artist's Identification Label:
Should changes occur to an artwork, and should the artist feel his/her artwork has been
compromised to the extent that their reputation will be damaged by association with the
artwork, they can request that this label (or plaque) be removed, thereby removing his/her
name as the creator of the (now damaged) art.
Artwork Changes:
This section discusses how to handle changes to or removal of the artwork by outlining a
process. Here, issues of artists' rights are dealt with contractually. If the City feels it
necessary to modify the rights accorded to an artist in the VARA legislation language, this
section may be an appropriate place to do so.
Material Changes After Acceptance:
This section outlines a process to follow in the event an artwork is removed or modified. It
provides for notification to the artists in the event changes are made, or need to be made,
to an artwork, and offers options should modifications occur. A statement is made that
the City or property owner's association retains the right to maintain its properties, and in
doing so may impact the artwork. A special clause is added if an artwork is to be installed
in a building. It asks that the artist to acknowledge that the artwork may need to be
removed.
Ownership: The City or developer shall request an archival copy of the drawings or plans that
represent the artwork for future conservation of the work, or for public display and
interpretation through the portable works collection. The City or developer retains
ownership of the accepted artwork.
Maintenance/Repairs and Restoration: The City or developer or property association shall
make reasonable efforts to maintain the artwork in good repair after final approval by the
City. The Arts Commission will provide ongoing oversight of and recommendations for
maintenance of the art. The responsible party shall make every effort to consult with the
artist on significant restoration and repairs that differ from those suggested in the artist's
maintenance recommendation. The artist shall notify the responsible party of any change
of address.
Alteration, Removal, Relocation or Deaccession: The contract with the artist shall provide
that the party retaining ownership of the artwork, Le. the developer, property association
or the Arts Commission, as representative of the City, at its sole discretion, may remove,
relocate or deacquisition the work of art, however, prior consultation with the artist, if
available, shall, as much as possible, be sought.
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The City may wish to include the following boilerplate sections:
· Risk Loss
· Indemnification
· Insurance:
o The City's Risk Manager may wish to require that contracted artists and
contractors have commercial general legal liability (cgi) insurance and
automobile insurance. The limits vary according to the artwork and complexity
and location of installation.
o The City, at its discretion, may place an annually renewed, blanket policy,
which covers artists only for the project for which they are contracted to perform
for the City. It could be offered as an option to artists at a cost; for an artist who
has many public commissions, it is more practical for the artist to carry his/her
own policy that covers all the work he/she performs.
o The coverage typically required by the contract is commercial liability insurance
for the following:
. Premises/Operations Liability
. Products/Completed Operations
. PersonaVAdvertising Injury
. Contractual Liability
. Independent Contractors Liability
. Stop Gap/Employers Contingent Liability
. Explosion, COllapse or Underground (XCU)
. Fire Damage
o The policy typically provides the following minimum coverage: Bodily Injury and
Property Damage at 1,000,000 per occurrence, 1,000,000 annual aggregate.
o Personal Liabili!}1 (Errors and Omissions) is generally required only for
consultants, nat usually for artists who are fabricating and installing. On the
other hand, because artists are usually delivering products on site, business
automobile liability including coverage for owned, non-owned, leased or hired
vehicles, providing the 1,000,000 per accident minimum overage, is required.
Artists' Warranties:
This section defines a one-year guarantee on workshop and materials
Addresses for Notices and other Deliverables:
Waiver of Artists' Rights Upon Failure to Provide Current Address to City Of Boynton
Beach. This section emphasizes the need for artists to keep the City informed as to
their whereabouts in order to maximize their ability to keep their V ARA rights intact. It
provides not only the artist's address and phone numbers, but also that of the City
and/or Arts Commission.
Collection Management:
Again, this section puts the artist on notice regarding the contract's handling of their
VARA rights. Here is specified the City's rights to maintain and manage its collection
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and its properties and forewarns the artist about the potentiality of artwork
modification or removal.
Credit:
This section requires that the artist provide appropriate credit to the Arts Commission
and/or the City on any and all publicity materials generated for the artwork using
language determined by the Arts Commission.
The City may wish to include the following boilerplate sectionS using language developed
by the City's Contract Division.
. Definition of Arts Commission
. Audit
. Compliance With Laws and Regulations
o General Requirement
o Licenses and Similar Authorizations
o Taxes
o Use of Recycled Content Paper
o Americans with Disabilities Act.
. Women and Minority Business Enterprise Requirements
o General
o Non-discrimination
o Record Keeping
o Affirmation Efforts to Utilize WMBE's
o Sanctions for Violation
. Nondiscrimination and Affirmative Action
o General
. Non-Discrimination in Benefits
o Compliance with relevant MUnicipal Codes
o Remedies for Violation for Municipal Codes identified above
. Contractual Relationship
. Involvement of Former City Employees
. No Conflict of Interest
. Executory Agreement
. Binding Effect
. Applicable Law: Venue
. Remedies Cumulative
. Captions
. Invalidity of Particular Provisions
. No Waiver
. Extra Work
. Key Persons
. Disputes
. Termination:
o For Cause
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o For Reasons Beyond Control of Parties
o For Public Convenience
o Notice
o Default
Termination conditions: The artist's services may be terminated under the
following conditions:
. By mutual consent of the parties.
. For the convenience of the City or developer, provided that the terminating
party notifies the artist in writing of its intent to terminate, at least 30 days
before the date of termination.
. For cause, by either party where the other party fails in any material way to
perform its obligations under the contract. Termination for cause is subject
to the condition that the terminating party notifies the other party of the
intent to terminate, stating with reasonable specificity the grounds therefore,
and the other party fails to cure the default within 30 days of receiving the
notice.
. In the event the contract is terminated, the City or developer shall reimburse
the artist for work performed and expenses incurred before the termination
date.
Arbitration: In the event of a dispute between the artist and the City or developer
concerning the terms of the contractual agreement, the parties shall endeavor to
arrive at a mutually acceptable solution. If they are unable to do so, either party
may request that a mutually acceptable arbitrator familiar with artwork and
construction settle-the dispute. The cost of the arbitration process shall be borne
equally. Any decision made as a result of such arbitration shall be binding and
enforceable in a court of law pursuant to Florida Arbitration Code.
· Modification or Amendment
· Entire Agreement
Signature section:
The artist/contractor and the designated signatory for the City sign and date the contract.
In addition to signature and date, the artist is asked to supply address, phone number and
tax number (Social Security or Federal Tax ID number). The artist signs first and returns
all copies for signature by an officer of the City. A fully executed copy is then returned to
the artist.
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Page 55 of 64
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Other Program Considerations & Recommendations
The Arts Commission recommends adapting policies from the Seattle Arts Curriculum 101
and customizing them to fit The City of Boynton Beach's Art in Public Places Program. The
Arts Commission has reviewed the following areas and has detailed references to them in
the Art Commission Reference Document Some of these policies are to cover the following
subjects:
Artwork Maintenance
The Art Commission recommends that the maintenance cost of artwork be the responsibility
of the property management where the art is located. If the Art is located within a private
development whether publicly displayed or not, it will be the responsibility of the Property
Association Management to maintain of the piece. If it is on City property then the City is
responsible for its maintenance cost.
The Arts Commission recommends that before the maintenance begins that the Arts
Commission reviews the Art and instruction is given for the maintenance to preserve the
artistic license of thp- piece. See Reference Document
Artwork Decommissioning
The Art Commission recommends that once every 4 years an evaluation of the Art in Public
Places Art is conducted to determine the Arts value to the City and community. If it is
determined that a piece should be removed, then the Arts Commission will make
recommendations for its decommissioning and replacement. See Reference Document
Art Record Keeping
The Arts Commission recommends that detailed records be kept of the Art in Public Places
collection. These records are essential to creating a cultural history maintaining the artistic
integrity and as a resource to the financial statement the collection contribute to the City's
budget Information on how and what records are necessary are detailed in the Reference
Document
Art in Public Places Administration
The Arts Commission recommends that the City appoint or hire a manager to assist with the
administration necessary to run an Art.in Public Places Program. Such duties would involve
records keeping. such as registration, maintenance, renovation, insurance, etc.,
documentation and communication for the Arts Commission, collect and update contact lists
for artists registry, publications. organizations, associations, grant writing, communication
between city staff and Arts Communication where scheduling, meeting and procedures are
concerned for implementation of projects. Another possibility to explore is to advertise
unpaid/paid/work-study intemships with local college art departments to assist with the
administration of the program.
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;,'......<.
Gifts, Memorials, Donations and Policies and Issues
The Arts Commission recommends that policies for Gifts, Memorials and Donations be
established to address these situations. Much infonnation regarding these policies and
issues are outlined in detailed in the Reference Document.
Grants and other Fundraislng Programs
The Arts Commission recommends that it will seek out grants that apply to the Arts in Public
Places Program. The Arts Commission will begin to identify these grant sources and present
them for application. In addition it will create altemative fund raising programs such as art
lIhveilingsand showev'ents, special art exhibits and other events.
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Getting the Word Out
Education is vital to the success of any public art project, whether it's a small portable
artwork or a grandiose design team memorial. Communities are defined broadly to
include schools, neighborhood businesses, community groups, arts organizations,
scholars, media, administrators and artists themselves. Communities of every type are
affected by an artwork both positively and negatively, and the more they know about a
particular work, the more likely they are to understand and appreciate it
The most successful projects are those where a community has been invested from the
start, beginning by explaining some of the parameters, which are important to a particular
site or situation. Educating the community on the Arts Commission, its purpose and the
projects that make up the City's Art in Public Places Program is key to gain the
community's support. The Arts Commission will connect the artist with the community to
assist in this education process. In tum, the artist involved in the city's projects will learn
enormous amounts of background information to solve problems and challenges when
designing and creating artwork both technically and aesthetically. This will compliment the
overall site or situation. The final result will enable the community to understand,
appreciate and enjoy the artwork, while enhancing their environment
Following is a list of suggested educallon ideas that the Art Commission will consider for
The Art in Public Places projects. Though the list appears daunting, think collaboration
with related partners and City departments whenever possible. Once we begin the
program with a few ideas and build up opportunities, it will make a positive difference for
each artwork, the program and most importantly to the community over the years.
Resources
Develop simple individual fact sheets about artworks for the facility where public art
exists--include photographs if possible and key information listing artist name(s), title,
funding, jury, completion date, media, dimensions, location, background, description,
artist's statement about the featured artwork and artist's biography. We will work with
graphic designers to create brochures highlighting the programs artwork. Produce
walking tour maps of artworks, possibly tapping into pre-existing neighborhood maps
or city bus maps consequently saving time and funds; provide catalogs for special
exhibitions or portable artworks, publish books about the collection. Develop a CD-
ROM highlighting the collection including sound and video. By collaborating with
organizations and associations locally, nationally or internationally the Arts
Commission can get the word out on its Art in Public Places Program. In addition,
through lists of artists, publications and web sites, the Arts Commission can promote
the program.
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'~'. :",-,
Web Site
The Arts Commission recommends hiring an agency to develop and create a web site
for the Art in Public Places Program. It will detail the program with updates listing
upcoming calls for artists, deadlines, updates on projects, dedications, new
information of interest to artists, workshop listings, etc. It can also provide
downloadable information to execute the art projects. The site will/ink to (and from)
other City's web sites as well as other pertinent local, national and intemational sites.
Tours
The Arts Commission recbmmends developing tours to promote the Art in Public
Places Program. Walking, guided, bus, trolley tours for all areas of the community will
promote education ofthe process and program.
Slide Talks
Create custom shows based on themes or the community's interest - e.g.
streehlcapes, environment, historic, recycled material, selected mediums, or portable
artwork. Audiences for slide talks include community centers, library, schools, senior
centers, city departments, individual groups of all ages and special interests, tourists,
convention centers and concierges.
Plaques
Artwork plaques generally have standard information including title of work, artist's
name, date, medium, funding source, and city officials. PI. bnef irlformative statement
about the artist's intent could enhance the appreciation for this work in a simple,
unassuming way to help educate visitors with little additional effort and minimal cost.
See example below. Additionally, non-traditional materials can be used for plaques to
draw attention to the1nformation and enhance the artwork itself.
SAMPLE PLAQUE:
Gateway Lantern
Skyline Canopies
House Finial
Lydia Aldredge J Kate Wade
1998
These artwo.rks are unified by the historic neighborhood skylines and
traditional house shape forms,. symbolizing the dynamic relationship
between the neighborhood and the individual.
Commissioned with
Seattle Department of Parks and Recreation One Percent for Funds
Administered by Seattle Arts Commission
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Schools
The Arts Commission recommends interacting with schools for the Arts in Public
Places Program. We will educate them about the public art collection, offers tours,
host workshops, offer school credit for interaction and volunteer work with the Art in
Public Places Program. We also will encourage artists to collaborate with students on
the execution of their art pieces.
Museums
Investigate possibilities with your local art, science, and history museums to search for
possible collaboration opportunities. Using artists to creatively help investigate themes
and mediums can stretch and bridge projects, saving money for participating
agencies. For~xample. connect artists' work represented in museums exhibitions with
their work represented in public art. Joint teacher workshop and student field trips
could correspond both in the museum and out in public.
Media and Public Relations
The Arts Commission recommends that it will work with City departments and outside
agencies to develop press releases for print. TV, radio, and online. PR will attract
reporters interested in featuring art. community, schools, technology. architecture,
nature, business, etc. through neighborhoodllewspapers, newsletters, galleries, cafe,
coffee or Internet cafes, artist studios, and clubs, public relations should target new
audiences in regions, ethnicity, and art mediums.
WorkShops
Provide a variety of opportunities for artists, teachers, administrators, and special
groups to learn about the diverse field of public art.
Events
The Arts Commission recommends promoting the Art in Public Places Program
thought events. Events such as V.I.P., unveilings, "Meet the Artist", dedications, tours
and fund raising will be coordinate with city departments and outside agencies.
Marketing Reproductions
The Arts Commission propose~to explore marketing artwork images through
postcard, books, calendars, bookmarks, CO's, magnets, pins, t-shirt, posters,
computer games, screen savers, decks of cards, miniature models, tourist
paraphernalia, and more. We will research copyright regulations and artist's rights
before conSidering this venture.
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Q AND A
Answers to typical questions pertaining to this DRAFT
Why assess a Public Art (impact) Fee as opposed to proposing incentives?
. The recommended 1 % fee is the monetary value that the Art Commission is
recommending to the City Commission that will put a respectable viable program in
place for the City of Boynton Beach. This has been researched and discussed with
individuals in Art programs throughout the US. We considered Cities with the
same growth situation and population size Boynton. The Arts Commission must
rely on the staff to recommend or design an incentive program equivalent to this
value. The Arts Commission is ODen to sDecific suaaestions for an eauivalent
incentive Droaram.
How is the money spent?
. The 1 % Public Art Fee funds would be dedicated at 70% to the construction of art
in a given project and 30% (or .3%) to run the Arts in Public Places program. In
addition the Arts Commission recommends taking a percentage from the 30% to
go towards an endowment program.
Does the Arts Commission address the architectural look?
. Our ordinance states that the Arts Commission is to advise the City Commission
on matters that are related to the Arts, to develop a plan and programs to promote
and support Art in Public Places. We also state inJhe definition of Public Art that a
building itself could conceivably be considered Art should the architectural design
incorporate built-in artistic elements within the structure. The Arts Commission
does not consider architecture alone as a function of art. We do. however,
recognize that architects and designers can produce art. Generally, architectural
enhancements are considered noncompliant with Arts Commission criteria. The
intent is Public Art is freestanding and owned by the community.
Can't an architect be an artist?
. Artists typically create Art. Of course designers and architects CAN create art.
The Arts Commission is receptive to the broadest definitions of art and encourages
imaginative interpretations of media and materials, which might be used for
permanent or temporary installation, decorative or functional purpose. The Arts
Commission will still be involved to assure the project contains art as opposed to
enhanced design elements.
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Is this only about commercial development or does it include residential?
· Fees are calculated for residential and commercial development only on amounts
exceeding the $250,000 threshold. The Arts Commission chose to include
residential construction that meets these criteria because thesej)roperty owners
will benefit in the long run and should bear some of the burden; property values
increase as city amenities increase. Also, based on our discussions, we prefer to
capture a larger market, and not to simply target non-residential development
projects. Note: fees are calculated on amounts in excess of $250,000 [e.g. A
residential project with construction costs of $260,000 would be assessed for 1 %
of $10,000.]
When is the Public Art Fee collected?
· The majority of Public Art Programs collect the Public Art Fee at the time of
permitting. It is essential for this to be resolved in compliance with city systems and
procedures. However so that the Art in the project does not obstruct Certificate of
Occupancy the Arts Commission endorsed the City's Planning & Zoning
recommendation to allow the Developer post 110% surety for work which may be
more prudently put in place subsequent to building construction with a required
completion deadline of 60 - 90 days.
Who will attend the pre-application meetings?
· Initially an Arts Commission Advisory Board member will have to attend until a full-
time staff liaison, person/consultant is hired, and who would then take on this role.
We recognize that a staff person or a sub contractor would have to be hired to
manage the Art in Public Places Program. The funds to support this position will
come from the 30% administrative portion of the collected Public Art Fee.
Have you considered an endowment program?
· Yes, this was an excellent suggestion by the CRA Director. The Advisory Board
approved setting a percentage of the 1 % to be set-aside in perpetuity for the City
of Boynton Beach's Public Art Program.
What about small businesses?
· This program is designed to regard all businesses and developers similarly. A one
percent fee for a small project such as Winchester Commons at $556.200 would
have set $3,893 for public art within their project and only $1,668 would have gone
to the Art Fund. In a larger project, such as the magnitude of Waterside at $56
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million, that same 1% would have designated $392,000 to art in their project and
only $168,000 to the Art Fund.
Who will attend the pre-application meetings?
. Initially an Arts Commission Advisory Board member will have to attend until a full-
time staff liaison, person/consultant is hired, and who would then take on this role.
We recOgnize that a staff person or a sub contractor would have to be hired to
manage the Art in Public Places Program. The funds to support this position wJll
come from the .30% (or 30%) administrative portion of the 1 % collected Public Art
Fee.
Have you considered an endowment program?
· Yes, this was an excellent suggestion by the CRA Director. The Advisory Board
approved setting a percentage of the 30% of thet% Art Fee to be set-aside in
perpetuity for the City of Boynton Beach's Public Art Program.
What about small businesses?
· This program is designed to regard all businesses and developers similarly. But
would only apply to those individuals that are permitting a construction project. A
one percent'feefor a small project such as Winchester Commons at $556,200
would have set (70%) or $3,893 for public art within their project and only (30%) or
$1,668 would have gone to the Art Fund. In a larger project, such as the
magnitude.ofWaterside at $56 million, that same t% would have designated
(70%) or $392,000 to art in their project and only (30%) or $168,000 to the Art
Fund.
What are requirements for the Art Project4??
· Specific criteria must be met: the art project must meet standards that are
appropriate to the Public, the City of Boynton Beach and the Development itself.
Qualified Public Artists are selected through a Call to Artists process and
contracted to meet the projects criteria and specifics. The Art must meet the
similar codes and requirements that architectural structures meet. Contracts with
artists include the proposal of the art project, mockups, specs. materials.
construction, installation, budget, timing, maintenance recommendations and
records. The Arts Commission will work with the Planning Department as each
project is permitted according to Florida code.
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The City of Boynton Beach
MEMORANDUM
Public Art Administrator
Exhibit "B"
TO : Wilfred Hawkins, Assistant City Manager
FROM: Debby Coles-Dobay, Public Art Administrator
DATE: October 10, 2006
SUBJECT: Public Art Fund Forecast
Following the City Commission's decision to exempt site plan extension from the Public Art fee and
have the fee paid at time of Certificate of Occupancy instead of permit I have evaluated how that im-
pact would have on 2006/2007 and future budgets where the Art in Public Places is concerned. I
used documents that building supplied to create the original budget and new information provided by
P&Z on projects that have been in since October 5,2005. In addition, I referenced a document pro-
vided by Vivian Brooks on Development Activity - Boynton Beach CRA as of August 2006 to deter-
mine the revenues lost due to exempt the site plan extensions.
Here is the summary:
. Exempted revenues total $432.1 million dollars meaning $4.3 million dollars lost in Public Art
. Total projects in the City process of which is forecasted at 75% to become realized is estimated at
$1,434,624.00.
. 70% of that is calculated at $ 1,004,236.00 that goes back in to Public Art in the project.
. 30% of that is calculated at $ 430,387.00.
. Public Art Funds (30% part of budget) that are estimated to come in for Certificate of Occupancy by
December 2006 is $ 7,425.00 ($6,000.00 was already collected at time of permit).
. Public Art Funds (30% part of budget) that are estimated to come in for Certificate of Occupancy by
June 2007 or later is estimated at $ 194,645.00.
. Estimate total for Public Art Fee (30%) for 2006/2007 is estimated at $202,070.00.
. This estimate is a 82% reduction in revenues originally forecasted at $915,000.00 for 2006/07.
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XII. - LEGAL
CITY OF BOYNTON BEACH ITEM D.l
AGENDA ITEM REQUEST FOR1.
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 Meetine: Dates in to City Clerk's Office
D July 17,2006 (Noon.) ,~ October 3, 2006 September 18,2006 (Noon)
August I, 2006 l"
D August 15, 2006 July 31, 2006 (Noon) D October 17, 2006 October 2, 2006 (Noon)
D September 6, 2006 August 14,2006 (Noon) ~ November 8, 2006 October 16,2006 (Noon)
D September 19,2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM C Consent Agenda ~ Legal
D Code Compliance & Legal Settlements D Unfmished Business
D Public Hearing D
RECOMMENDATION: Please place this item on the October 3, 2006 agenda under Consent-Resolutions
proposing amendments to the fee schedule for the land development applications processed by the Planning & Zoning
Division. Staff recommends that the proposed amendments be approved.
EXPLANATION: Staff has completed a review of the current fee schedule for applications processed by the
Planning & Zoning Division and proposes the amendments as indicated on the attached fee schedule. This review took into
consideration current processing costs based, in part, on a time/fee study, project sizes and complexity, new processes or
changes overlooked or underestimated in past reviews, costs for legal ads, and improvements for better customer service and
internal consistency. The last update ofthe application fees occurred in 1995, but no back-up documentation was located.
Therefore this current and comprehensive review and update, if acceptable to the City Commission, will also serve as a
benchmark for future studies and updates. For further explanation, please refer to the attached Development Department
memorandum #06-164.
PROGRAM IMPACT:
FISCAL IMPACT:
N/A
Revenues to increase based on application submittals. New format will ensure legal ad
cost is paid in full by applicant.
Not adopt proposed changes or adopt with modific ions.
AL TERNA TIVES:
Develo
City Manager's Signature
CI1e<.-
P~C~dUct;'
Assistant to City Manager
City Attorney I Finance
S:IBULLETlNlFORMSIAGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. 06-
2 A RESOLUTION OF THE CITY COMMISSION 01<' THE
3 CITY OF BOYNTON BEACH, FLORIDA, ADOPTING
4 FEES FOR LAND DEVELOPMENT RELATED
5 ACTIVITIES IN THE CITY OF BOYNTON BEACH, AND
6 PROVIDING AN EFFECTIVE DATE
7
8 WHEREAS, The City Commission for the City of Boynton Beach last adopted a Fee
9 Schedule for Land Development Activities on April 18, 1995 pursuant to the adoption of
10 Resolution No. R95-45; and
11 WHEREAS, the City Commission, pursuant to Part Ill, "Land Development
12 Regulations", Chapter 1, "General Provisions", Article 6, "Land Development Fees", has the
13 authority to establish fees for Land Development Activities pursuant to Resolution; and
14 WHEREAS, the City Commission for the City of Boynton Beach finds that the
15 adoption of this revised fee schedule is necessary and is in the best interest of the health,
16 safety and welfare of the citizens or residents of Boynton Beach.
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
18 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
19
Section 1.
The above referenced whereas clauses are incorporated herein by
20 reference.
21
Section 2.
The fees for Land Development related activities attached hereto as
22 Exhibit "A", incorporated herein by reference, is hereby adopted as the fee schedule for those
23 related activities as indicated on the fee schedule. A copy of the fee schedule shall be
24 maintained in the City Clerk's office as well as the Planning and Zoning Department.
25
Section 3.
This Resolution shall become effective immediately upon its passage
26 and adoption.
1 . ASS,O .,0 AOOYf@ lh" ~____~-- d,' or (1c1obcr, 2006
2 errY 0> \lOYNTON Bl,^Cl!, >'CaRlO'
Mayor - Jerry Tay\or
3
4
5
6
7
8
9
10
1\
12
13
14
15
16
17
18 ATTEST.
19
20
21 City C1erk
22
23 (Corporate Seal)
24
25
26
- ------------
Vice-Mayor - carl McRoy
CoJll1Ilissioner - Robert Ens1er
CoJll1Ilissioner - Mack McCray
CoJll1Ilissioner - Muir C. Fergus;-;-
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 06-164
FROM:
Quintus Greene
Director of Dev;:'o~~t
Michael Rumpf r:vl~
Planning & Zoning Director
August 15, 2006
Fee schedule for the Planning & Zoning Division -
Proposed amendments and updates
TO:
DATE:
RE:
Please find attached hereto proposed revisions to the fee schedule for the Planning & Zoning
Division. According to city records, these fees were last amended in April of 1995. Except for
the meeting minutes, which indicated that the schedule was amended to also include ad fees,
no data was found on these preceding revisions or on any original fees. Therefore, the
analysis and revised fees, if acceptable to the City Commission, will be a valuable benchmark
for future studies and updates. Furthermore, solely based on the new fees proposed, and the
proposed significant adjustments to fees for the review of larger projects, it is estimated that
these adjustments could generate additional annual revenues in excess of $20,000.
The proposed revisions are based on 1) the results of a simple time/fee study conducted by
staff, and 2) include additions or modifications to reflect reviews of larger projects
accommodated by zoning changes, 3) new or changed processes, 4) the extraction of legal
fees, 5) the addition of previously overlooked processes, and 6) minor changes to improve
accuracy of, and clarity and consistency within the fee schedule.
1) The short time/fee study was conducted over the past several months. The analysis was
therefore based on current wages, review hours, all staff members involved in the processes
studied, and new or revised processes administered by the Division. For the sake of simplicity
and time, only selected, principal processes were analyzed. The objective was to collect a
cross-section of data sufficient to determine the range of hours spent on like processes, the
magnitude of increased review time for large projects processed under new mixed-use zoning
districts, and the review time and cost for multiple, concurrent application reviews (Le.
annexation, land use amendment, and rezoning). To determine estimated review times and
fees for processes (application types) not studied, such processes were matched with the
processes of the study which had similar review characteristics (Le. P&Z reviewer, involvement
by other departments, complexity of review, and whether it is a principal or accessory
application). For example, the Community Design Plan Appeal process was not studied, due to
the lack of such applications during the study period, but was matched with the Variance
process given similarities in the reviewers involved and complexity. Where voids still remained,
staff applied the best estimate, or adjustments from known data to account for the respective
differences. An example of this would be the confirmation of the Height Exception process fee.
This process is similar to the Variance or Appeal processes; however, it differs by its
accessory status to a principal application, New Site Plan review. The estimated fee was
therefore arrived at by an estimated reduction from known fees to account for the lesser time
devoted to the review of this accessory application. Lastly, the time/fee study revealed the
significant range in review times/costs for processing Minor Site Plan Modifications, from the
simplest being around $100 (our current fee) to the more staff-intensive reviews exceeding
$600. Therefore, due to the significant deviation from an average, it is recommended that fees
be based on multiple ranges to cover the broad type of possible requests. Again, the increases
in complexity and review time are attributed to the larger planned/mixed-use developments.
2) In addition to changes in fees for minor modifications, the proposed fees reflect the greater
time required to review new, large projects accommodated by the SMU and other mixed-use
districts. Such projects represent an increase in both size and complexity compared to
historical reviews. Since these new zoning districts increase the potential margin of review
hours, from the smallest building/site to the largest project, it is again proposed that the review
fees be based on multiple ranges in project sizes. Since the sample data did not include a
project to match each size range, the voids were filled with estimates from data collected on
the other size ranges. These same size and fee ranges were applied similarly to the New Site
Plan, and Major Site Plan Modification categories.
3) With the implementation of the new mixed use districts, which require the submittal of either
a master plan or a site plan, the fee schedule should be adjusted to clarify this scenario and to
prevent undercharging or overcharging of applicants. A second change that should be
reflected in the fee schedule, with the objectives of accuracy and applicant-friendliness, is the
new step in code reviews that includes a preliminary review by the Commission. As recently
experienced, if the Commission denies such a request at preliminary review, the review is
discontinued at about one-quarter (1/4) through the normal process. This addition allows a
reimbursement of 75% of the application fee if denied early on, and facilitates the accurate
representation of staff time and cost.
4) Legal ad costs are recommended to be removed from the fees and paid separately by the
applicant. This will prevent the specific ad fees from being adopted with the application fees,
and thereby easily adjusted when increased by the Palm Beach Post. This format will also
prevent confusion during subsequent reviews and adjustments in the fee schedule. Although
some fees for major processes are to be reduced or maintained as currently approved, despite
the increased review cost (Le. increasing project size, staff wages, complexity), please note
that the legal ad fees would be separate from the application fees. Overall, there would be a
net increase in the fees for these aforementioned application categories. For informational
purposes, current advertisement fees range between approximately $300 (variance or
abandonment - 2 publications at $150/ad) to $1,800 (lg. scale land uselrezoning - 3
publications at $600/ad).
5) Certain processes have either been overlooked or possibly underestimated when fees and
activities were previously evaluated. This includes Review of Annual Reports for a DRI, Minor
Landscape Permits, Planning & Zoning Permit Reviews, and the review of New Lease/Lease
Revisions for telecommunication towers as well as the review of ColocationsfTower
SitingfTower Replacements. Some of these reviews are more costly as several processes
involve the review by senior staff including the City Attorney and Assistant City Manager.
Lastly, and perhaps also attributed to project size and complexity, applicants are more
frequently requiring multiple pre-applications prior to submittal. Staff has boasted of offering
unlimited pre-application meetings at no cost to the customer. However, given the involvement
by multiple disciplines (Departments/Divisions), and project size and complexity, costs of this
activity should be limited and at a certain point covered by the pending applicant. Therefore, to
balance quality customer service with stewardship, staff recommends that only two pre-
application meetings be offered without charge, when involving more than one discipline within
a specified time period.
6) The clarity and consistency within the fee schedule would be improved through a few minor
changes, namely the use of a consistent acreage threshold for those relevant application
categories. It is recommended where an acreage value determines the application and fee
category, the value be uniform at 10 acres. This involves the Comprehensive Plan Amendment
(Map), Master Plan Review, and Rezoning processes, all of which could affect a single project.
Since "Use" and 'Waiver" reviews only involve the Planned Industrial Development (PID)
District, the corresponding titles have been separated from other unrelated processes, and
titles clarified accordingly. Since no reviews should be initiated without collecting some
application fee, it is proposed that a deposit be collected for NOPC requests ($1,500) and DRI
applications or substantial deviations ($5,000), in lieu of the current process whereby the
applicant is billed following the review, based on staff hours and wages. Lastly, the reference
and fee applicable to site plans proposed in the Central Business District (CBD) has been
removed, as the CBD has been essentially replaced with the Mixed-use High zoning district,
and the review costs are more proportional to project size than zoning district.
Other amendments would include a flat rate for the Annexations and Conditional Use Approval
processes, which more accurately reflects the respective staff reviews of these accessory
applications. Staff proposes to add a fee for Postponements that require publication of new
legal ads, to cover processing/administrative costs (legal ad costs are also owed in addition to
this processing fee). Lastly, staff proposes to add a conditional use review category for
requests which exclude site modifications. Although historically infrequent, with the use
provisions within the SMU and mixed-use districts, there may be an increase in applications for
conditional uses for properties that are built-out. This reduced fee is more applicant-friendly,
intended to correspond with future changes to the LDRs to accommodate this simpler
application process, and more accurately reflects staff review time and cost.
With respect to how our proposed fees compare to other jurisdictions, although not detailed
herein, fee schedules have been obtained for comparison purposes from Jupiter, Palm Beach
Gardens, West Palm Beach, Delray Beach and Boca Raton. The proposed fees remain
comparable to, slightly more, or significantly less than those of other cities, based on the
assumption of comparability.
Please note that the fee schedule still reflects activitieslfees for processes administered by the
Engineering Division (Le. sidewalk and administrative Waivers, and Platting). These fees may
ultimately be amended or removed give the outcome of their independent review.
MR
S:\Planning\SHARED\WP\SPECPROJ\Application Fees\Cover memo for study and amendments.doc
FEES FOR LAND DEVELOPMENT RELATED ACTIVITIES
ACTIVITY Pro nosed Existinq
Abandonments (easement or right-of-way) $750 $500
1nexations $500 $750/$1,000
"peals
Administrative $750 $200
Community Design Plan
First appeal (per code section) $500 $400
Each additional appeal $100 $100
Landscape Code
First appeal (per code section) $500 $200
Each additional appeal $100 $100
Comprehensive Plan Amendment (Map)
Up to 10 acres $750 $750
10 acres or more $1,000 $1,750
Comprehensive Plan Amendment (Text) $1,000 $250
Comprehensive Plan Amendment Transmittal (to be paid prior to 2nu Reading) $500 $250
Conditional Use
Concurrent with site plan review (in addition to site plan review fee) $1,000 $1,500/$1,000
Use Only with no site/building modifications (in lieu of site plan review fee) $750 New
Development of Regional Impact (DRI)'
Notice Of Proposed Change (NOPC) $1,500 Hourly rate
New DRI or Substantial Deviation $5,000 New
Review of Annual Reoorts $400 New
Height Exception $250 $250
Legal review of documents (i.e. cross-access agreements and leased $500 $400
oarking agreements)
Master Plan (within a conventional zoning district)
Less than 10 acres $1,000 $1,000
10 acres or more $1,500 $1,500
Master Plan Modification (regardless of zoning) $750 $500
Minor Site Plan Modification
Arch./Elevation changes only (i.e. only requiring review by P &Z division) $150
Multiple changes to a single structure and/or site and/or requires review by
more than one division or department. $500 $100
Multiple modifications to multiple buildings and requires review by more
than one division or department (i.e. M-U or POD). $750
New Site Plan or Major Site Plan Modification (total project sq. ft.)
Up to 2,999 sq. ft. $750
3,000 - 14,999 sq. ft. $1,000
15,000 - 49,999 sq ft $1,500 $750/ $1,500
50,000 - 149,999 sq $2,000
150,000 - 499,999 sq ft $2,500
500,000 + sq ft $3,000
1 District Use Approval $750 $250
PID District Code Waivers
First waiver (per code section) $100 New
Each additional waiver $50 New
Planning & Zoning Permit Reviews will be based on hourly salary plus 35% for ---.-.-
fringe benefits, and will be tabulated at time of permit review and paid when permit Hourly New I
is issued. Rate
Postponement ..
Without re-advertisement and re-notification to property owners $25 $25
Re-advertisement required (in addition to leqal ad/notification costs) $50 New -I
Pre-application meetings (charge for 3'u meeting held within a three month ..
period, and involving 2 or more disciplines. Fee will cover the hourly salary of
employees involved in the meeting, plus 35% for fringe benefits. Can include Hourly New
Public Works, Engineering, Utilities, Building, Fire, Police, and Parks.) Rate
Due unon application submittal
Rezoning --
I
Conventional district
Up to 10 acres $750 $750
More than 10 acres $1,000 $1,000
Planned District Rezoning (i.e. IPUD, PUD, PCD, PID, MU, SMU)
Up to 10 acres $1,000 $1,000
More than 10 acres $2,000 $1,500 ,
When site plan is filed in lieu of Master Plan3 $750 New j
Site Plan Time Extensions $500 $400
Telecommunications (preliminary review in accordance with Chapter 10) -l
Co-locations / Tower Siting I Tower Replacements $200 New
New Lease I Lease Revisions $1,500 New
Variances
First variance (per code section) $500 $400 I
Each additional variance $100 $100
Waivers
Administrative $200 $200
Zonina Code/LOR Amendment (after City Commission review) 4 $1,000 $250
Zonina Verification Letter (or other requests for written responses to inquires) $35 $25 ~-------
General Notes:
Fees are not refundable after staff review has begun unless noted otherwise herein.
Applications will be automatically cancelled if a check is returned; to re-apply an applicant must pay the published fee plus
the fee for returned checks established by resolution.
Activities requiring noticing in the local newspaper (PS Post) shall remit the current advertising fee to cover said costs.
Footnotes:
, Fee covers two reviews. Additional reviews will be billed to the applicant based on the hourly salary of employees
involved in the review, plus 35% for fringe benefits.
2 A deposit of $1,500 for an NOPC application, and $5,000 for a new DRI or Substantial Deviation, will be required at time
of application filing. Cost of advertisin9, and Staff time will be billed to applicant based on hourly salaries plus 35% for
fringe benefits. Costs for current legal ad/public notices will also be paid at time of filing.
3 When a site plan application is filed in lieu of a Master Plan for a mixed-use district, the corresponding site plan fee will
also apply.
41f the commission denies request at preliminary review, $750 will be reimbursed.
S:\Planning\SHARED\WP\SPECPROJ\Application Fees\Proposed Amendment to Fee Schedule.doc
2006 TIME/FEE STUDY - PLANNING & ZONING DIVISION
~EE COMPARISON TABLE:
Applications Boynton Beach' Delray Beach Boca Raton W. P. Beach P.B. Gardens
Abandonments
R-O-W $750 $580 $2,242.00 $750
Easements $750 $350 $1,014 $2.242 $300
Annexation $500 $1,050 $0 $0
DRI
New ORI $5,000 $3,465 $7.704 $5,000 $5,000
Substantial Oev. $5.000 $3,465 $4.623 $3,000 $3.000
NOPC $1,500 $2.308 $1,000
Annual Report $400
Conditional Use $2.001-$3.416(1 ) $1.0000' $3,000(2)
wi site plan $1,000 $1,050
wlo site plan $750 $1,050
Site Plan Iso.ft) $525-$1,155(1) $1,761-$2,882(1) $1.500-$3,000(3) $1.500 or $2.500(4)
UD to 2,999 $750
3,000-14,999 $1.000
15,000-49,999 $1.500
50,000-149,999 $2,000
150,000k-499,000 $2,500
> 499,000 $3,000
Time Extension $500 $580 $1,268.00 $1,000 0' $2.500(5)
Minor Modification $105-$525(3) $500
Cosmetic $150
Jltiple bldqs. $500
,11ltiDle mods. $750
Zonina Variance $400 or $1.000(6)
First variance $500 $210 $761
AddU. variances $100 $210
Rezonina $2,158-$4,003(2) $3,000(1 ) $2,250
< 10 acres $750 $1,390
10 or more acres $1,000 $1.390
PO < 10 acres $1.000 $1,390
PO 10 acres or more $2.000 $1,390
S.P. in lieu of M.P. $750
ComD Plan Imap) $3.535 $3,000(1 ) $2,5000' $3,000(1)
< 10 acres $750 $2.310
10 or more acres $1,000 $2,310
ComD Plan 'text! $1,000 $2,310 $3.000 $3.000
Code Review $1,000 $1,050 $701 $3,000 $1.500
Master Plan $1,155(1) $3.416 $3.000 $3,000 or 3,500(3)
< 10 acres $1,000
10 or more acres $1,500
M.P. modification $750 $210.00-$1.155(2) $300-$3.000(2) $2,250
Legal Doc. Review $500
S.P. Time Ex. $500 $580
Zonina Verif. Letter $35 $110 $75
* - Proposed fees
Special/Application Fees/Fee Comparison - rev
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XII. - LEGAL
ITEM 0.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meetine Dates in to Citv Clerk's Office Meetim!: Dates in to Citv Clerk's Office
0 August 1, 2006 July 17, 2006 (Noon.) [j October 3, 2006 September 18, 2006 (Noon)
0 August 15,2006 July 31. 2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) ~ November 8, 2006 October 16, 2006 (Noon)
0 September 19,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION:
Staff recommends that the City Commission adopt the proposed fee additions and adjustments for building permits by
Resolution.
EXPLANATION:
The two additional proposed fees will cover the costs associated with the implementation of the applicable provisions of the
Florida Building Code, The proposed adjustment of the current permit fee multiplier provides for the coverage of costs
involved in the processing and administration of minimum fee permits, The current City level for these permits is below the
levels of the surrounding municipalities that are experiencing the same growth as Boynton Beach.
PROGRAM IMPACT: Through the adoption of the MGT salary study results, Building Division salary ranges have been
brought into closer alignment with market demands allowing the Division to retain and recruit qualified personnel to provide
the necessary services to the development community. Analysis of the current costs have resulted in the proposed adjustment
to assure that the costs related to development activities within the City remain the burden of the development community and
do not fall to City tax payers.
FISCAL IMPACT: An analysis of minimum permit fees through the third quarter of the current fiscal year indicates that an
increase in revenue of approximately $34,705,00 would be the result if the proposed fee adjustment were currently in place,
It is anticipated that a similar revenue increase would be applicable in the next fiscal year. The funds would come from
various pennit revenue account numbers.
AL TERNA T1VES: Allow fees to remain at their current rates as adopted.
Assistant to City Manager
{'/lv6
Development Department
Department Name
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
City Attorney I Finance
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
BUILDING DMSJON
100 E. Boynton Beach Boulevard
PO. Box 310
Boynton Beach, F10rida 33425-0310
TEL' 561-742-6350
FAX- 561-742'6357
TO:
FROM:
DATE:
SUBJECT:
www.hnvnton-beach.ort?
Quintus Greene, Director of Development
William C. Bucklew, Building Official ~
August 15, 2006
Proposed Fee Increases for FY 06-07
The following is a summary of the proposed fee adjustments that
I recommend be made to our current system.
Adjustment/Additional Fee
Amount
$1,500.00
$750.00
1. Addition of Local Product Approval fee
2. Addition of Early Construction fee
3. Adjustment of Current Permit Multiplier
from .02 to .023
The reasoning and justification for these adjustments and additional fees is
attached.
cc: Nancy Byrne, Assistant Development Director
I RESOLUTION NO. 06-
2 A RESOLUTION OF THE CITY COMMISSION OF THE
3 CITY OF BOYNTON BEACH, FLORIDA, ADOPTING
4 FEES FOR BUILDING AND CONSTRUCTION RELATED
5 ACTIVITIES IN THE CITY OF BOYNTON BEACH, AND
6 PROVIDING AN EFFECTIVE DATE
7
8 WHEREAS, the City Commission, pursuant to Part 1lI, "Land Development
9 Regulations", Chapter 20, "Buildings, Housing and Construction Regulations", Article I, "In
10 General", Section 3D, has the authority to establish fees for Building Construction Related
II Activities pursuant to Resolution; and
12 WHEREAS, the City Commission for the City of Boynton Beach finds that the
I3 adoption of this revised fee schedule is necessary and is in the best interest of the health, safety
14 and welfare of the citizens or residents of Boynton Beach.
15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
16 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
17
Section 1.
The above referenced whereas clauses are incorporated herein by
18 reference.
19
Section 2.
The fees for Building and Construction related activities attached hereto
20 as Exhibit "A", incorporated herein by reference, is hereby adopted as the fee schedule for
21 those related activities as indicated on the fee schedule, A copy of the fee schedule shall be
22 maintained in the City Clerk's office as well as the Building Department.
23
Section 3.
This Resolution shall become effective immediately upon its passage and
24 adoption.
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PASSED AND ADOPTED this ___ day of October, 2006.
2
CJTY OF BOYNTON BEACH, FLORIDA
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IS
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18 ATTEST:
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21 City Clerk
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23 (Corporate Seal)
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Mayor Jerry Taylor
Vice-Mayor - Carl McKoy
Commissioner -- Robert Ensler
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
Proposed fee adjustments/additions
1. Local Product ADDroval Fee
Background
The Florida Building Code requires that construction products that
fall into the following categories have "product approval" for use in
the State of Florida:
· Windows
. Skylights
· Exterior doors
· Shutters
· Roofing
· Panel walls
· Structural components
· New and innovative building envelope products
There are two options to obtain this approval.
· Local product approval, which means that the product is
approved only for that particular jurisdiction or for a specific
project.
· Statewide product approval can be obtained under the optional
statewide product approval program. The choice to seek an
optional statewide approval is at the discretion of the
ma n ufactu rer.
For local product approval there are several requirements that must be
met. They include:
A completed "Application for Local Product Approval" must be
submitted to the local jurisdiction, along with the following required
product information:
· Product Name and model number (if any)
. Name, address, reports, and report numbers from at least one
of the applicable entities:
)Approved Testing Entity with proof of a third party quality
assurance program
)Approved Evaluation Entity with proof of a third party quality
assurance program
)Approved Certification Entity
. Evaluation Report from a Florida registered engineer or architect
with proof of a third party quality assurance program
. List of the code sections and reference standards with which the
product complies
. List of limitations on the product's compliance and use
. Installation instruction for the product
The Local Building Official then verifies the submitted information and
issues an approval letter for the product to be used in his jurisdiction.
In surveying other local departments the fees associated with this
process are $1,500.00 per approval application. This would be the
proposed fee for the City of Boynton Beach.
This would be advantageous to builders and developers that do
business with the City and also to the citizens in that it would allow for
approval at the local level and would expand the scope of alternative
products that could be used in construction for the above listed
categories.
2. Earlv Construction Fee
Background
The Florida Building Code, Section 105.12, states:
1.05.1.2 Work starting before permit issuance.
Upon approval of the building official, the scope of work
delineated in the building permit application and plan may be
started prior to the final approval and issuance of the permit,
provided any work completed is entirely at risk of the permit
applicant and the work does not proceed past the first required
inspection.
This allows a contractor/developer etc. to begin the actual construction
process before issuance of the permit and proceed up to the point of
the first required inspection.
In today's construction environment where supply shortages can and
do occur regularly this would be a great aid to contractors and owners
who are working under tight deadlines.
The proposed fee to allow this "Early Construction" would be $500.00.
3. Revised Minimum Permit Fees/Fee Multiplier
Background
The minimum permit fee for the City of Boynton Beach is
currently $35.00. Application of the fee multiplier of .02 indicates that
this essentially allows and covers up to $1,750.00 in permit value for
work being done.
A survey of minimum fees in other municipalities and in Palm Beach
County indicates that in today's construction environment this fee is
low and does not cover costs associated with these "minimum"
permits.
The proposed new minimum fee is $46.00.
In addition to the new minimum fee a revised fee multiplier of .023 is
being proposed.
A quick snapshot of how this affects the revenue stream for minirnum
permits follows.
Minimum Permits issued ]an 06 - ]un 06 .................,.,..2076
Minimum permit revenue at 35.00 ..,............................... $72,625.00
Minimum permit revenue at 46.00 ......,......................,.... $95,496.00
They affect of the revised multiplier on other than minimum permits
has not yet been evaluated.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM D.3
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must he Turned
Meeting Dates in to City Clerk's Office Meetin2 Dates in to City Clerk's Office
D August I, 2006 July 17,2006 (Noon.) D October 3, 2006 September 18, 2006 (Noon)
D August 15, 2006 July 31, 2006 (Noon) D October 17, 2006 October 2, 2006 (Noon)
D September 6, 2006 August 14,2006 (Noon) ~ November 8, 2006 October 16,2006 (Noon)
D September 19, 2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon)
D AImouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda ~ Legal
D Code Compliance & Legal Settlements D UnfInished Business
D Public Hearing D
RECOMMENDATION:
Motion to approve grant of a Deed of Conservation Easement to the South Florida Water Management District (SFWMD) at
Jaycee Park in the City of Boynton Beach. The Deed of Conservation Easement and accompanying legal description (Exhibit
"A" - nine pages) is attached. Approval, by the SFWMD, of the form of the Deed of Conservation Easement is attached as
Exhibit "B" (3 pages.)
EXPLANATION:
This Conservation Easement is for mitigation of mangrove habitat which was impacted during the construction of the cul-de-
sac at the tenninus of the Boynton Beach Boulevard Extension. A portion of the mitigation required by the SFWMD was
addressed on the Hall property (adjacent to the Boynton Beach Boulevard project) for which a conservation easement is
already in place. The remainder of the mitigation was undertaken at Jaycee Park as construction of new wetlands, The
easement could not be dedicated until construction was completed and accepted by SFWMD.
PROGRAM IMPACT:
This action formalizes mitigation of mangroves from the Hall property, thus furthering central business district re-
development. Additionally the conservation easement imparts a natural element and enhances Jaycee Park.
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FISCAL IMPACT:
None
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ALTERNATIVES:
Failure to approve the required easement will put the City in non-compliance with the SFWMD pennit.
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Public W orks/Engineering Division
Department
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City Attorney / Finance / Human Resources
S:\Engineering\Logan\Comrnission Action\Agenda Item Request - BBCRA Jaycee Park IOIOO6.dot
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetine. Dates in toI~itv Clerk's Office Meetine. Dates in to City Clerk's Office
D August 1,2006 July 17,2006 (Noon_) D October 3, 2006 September] 8, 2006 (Noon)
D August 15,2006 July 31, 2006 (Noon) D October 17, 2006 October 2, 2006 (Noon)
D September 6, 2006 August ]4, 2006 (Noon) [gJ November 8, 2006 October 16,2006 (Noon)
D September 19, 2006 September 5, 2006 (Noon) D November 21 , 2006 November 6, 2006 (Noon)
D AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda [gJ Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION:
Motion to approve grant ofa Deed of Conservation Easement to the South Florida Water Management District (SFWMD) at
Jaycee Park in the City of Boynton Beach. The Deed of Conservation Easement and accompanying legal description (Exhibit
"A" - nine pages) is attached. Approval, by the SFWMD, of the form of the Deed of Conservation Easement is attached as
Exhibit "B" (3 pages.)
EXPLANATION:
This Conservation Easement is for mitigation of mangrove habitat which was impacted dming the constructiou of the cul-de-
sac at the terminus of the Boynton Beach Boulevard Extension. A portion ofthe mitigation required by the SFWMD was
addressed on the Hall property (adjacent to the Boynton Beach Boulevard project) for which a conservation easement is
already in place. The remainder of the mitigation was undertaken at Jaycee Park as construction of new wetlands. The
easement could not be dedicated until construction was completed aud accepted by SFWMD.
PROGRAM IMPACT:
TIlls action fonnalizes mitigation of mangroves from the Hall property, thus furthering central husiness district re-
development. Additionally the conservation easement imparts a natural element and enhances Jaycee Park.
FISCAL IMP ACT:
None
ALTERNATIVES:
Failure to approve the required easement will put the City in non-compliance with the SFWMD permit.
City Manager's Signature
-'--.....--..........-
Public Works/Engineering Division
Department
City Attorney I Finance / Hwnan Resources
S:\Engincering\Logan\Commission Action\Agcnda Item Request - BBCRA Jaycee Park IOIO06.dot
I RESOLUTION NO. R06-
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3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, CONVEYING A DEED OF CONSERVATION
5 EASEMENT FROM THE CITY OF BOYNTON BEACH
6 TO THE SOUTH FLORIDA WATER MANAGEMENT
7 DISTRICT AT JAYCEE PARK; AND PROVIDING FOR
8 AN EFFECTIVE DATE.
9
10 WHEREAS, this Conservation Easement is for mitigation of mangrove habitat which
II was impacted during construction of the cul-de-sac at the terminus of the Boynton beach
12 Boulevard Extension; and
13 WHEREAS, this mitigation was undertaken at Jaycee Park as construction of new
14 wetlands, The easement could not be dedicated until construction was completed and accepted
15 by the South Florida Water Management District; and
16 WHEREAS, the City Commission upon recommendation of staff, deems it appropriate
17 to convey a Deed of Conservation Easement to the South Florida Water Management District.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2
Section 1.
Each Whereas clause set forth above is true and correct and incorporated
21 herein by this reference,
22
Section 2.
The City Commission of the City of Boynton Beach, Florida does hereby
23 convey a Deed of Conservation Easement to the South Florida Water Management District, a
2 copy of which is attached hereto as Exhibit "A",
25
Section 3.
That this Deed of Conservation Easement will be recorded in the Public
2 Records of Palm Beach County, Florida.
2
Section 4.
This Resolution shall become effective immediately upon passage,
S:\CA \RESO\Agreements\Utilities\Deed of Conservation Easement -Be to SFWMD(JAycee Park).doc
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PASSED AND ADOPTED this _ day of November, 2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
S:\CA \RESO\Agreemcnts\Utilities\Deed of Conservation Easement -BB to SFWMD(JAycee Park),doc
Exhibit "A" Sheet 1 of9
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT is given this day
of , 2006, by The City of Boynton Beach, FL ("Grantor") to the South Florida
Water Management District ("Grantee"). As used herein, the term Grantor shall include
any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the
"Property" (as hereinafter defined) and the term Grantee shall include any successor or
assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in Palm Beach
County, Florida, and more specifically described in Exhibit A attached hereto and
incorporated herein ("Property"); and
WHEREAS, the Grantor desires to construct a cul-de-sac at the eastern
tenninus of Boynton Beach Blvd ("Project") at a site in Palm Beach County, which is
subject to the regulatory jurisdiction of South Florida Water Management District ("District")
and the U.S. Army Corps of Engineers ("Corps").
WHEREAS, District Permit No. 50-04166-P and Corps File No. SAJ-2004-1205 (IP-
JBH) authorizes certain activities which affect waters in or of the State of Florida,
WHEREAS, the conservation easement shall not prohibit the construction of small
boat dock, piers for fishinQ and reasonable pedestrian access and eQress to the
Intracoastal Waterwav pursuant to the Qoals of the City of Bovnton Beach Parks
Department as indicated on the Master Plan for the park.
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is
agreeable to granting and securing to the Grantee a perpetual conservation easement as
defined in Section 704.06, Florida Statutes (2001), over the above mentioned portion of the
property ,
NOW, THEREFORE, in consideration of the issuance of the Permit to construct and
operate the permitted activity (construction of a cul-de-sac at the eastern terminus of
Boynton Beach Blvd) and as an inducement to Grantee in issuing the Permit, together with
other good and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation
easement for and in favor of the Grantee upon the Property which shall run with the land
and be binding upon the Grantor, and shall remain in full force and effect forever,
The scope, nature, and character of this conservation easement shall be as follows:
Standard form - July, 2001
Page 1 of5
Exhihit "A'" Sheet 2 01'9
1, It is the purpose of this conservation easement to retain land or water areas
in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and
to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or
upland areas included in the conservation easement which are to be enhanced or created
pursuant to the Permit shall be retained and maintained in the enhanced or created
conditions required by the Permit.
To carry out this purpose, the following rights are conveyed to Grantee by this
easement:
a. After providina written notice to Grantor, to enter upon the Property
at reasonable times with any necessary equipment or vehicles to enforce the rights herein
granted in a manner that will not unreasonably interfere with the use and quiet enjoyment
of the Property by Grantor at the time of such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent
with this conservation easement and to enforce the restoration of such areas or features
of the Property that may be damaged by any inconsistent activity or use,
2, Except for restoration, creation, enhancement, maintenance and monitoring
activities, or surface water management improvements, which are permitted or required
by the Permit, the following activities are prohibited in or on the Property:
a, Construction or placing of buildings, roads, signs, billboards or other
advertising, utilities, or other structures on or above the ground; except for that which is
required for the construction of small boat dock, piers for fishing and reasonable
pedestrian access and egress to the Intracoastal Waterway pursuant to the goals of the
City of Boynton Beach Parks Department as indicated on the Master Plan for the park,
b. Dumping or placing of soil or other substance or material as landfill,
or dumping or placing of trash, waste, or unsightly or offensive materials;
c, Removal or destruction of trees, shrubs, or other vegetation, except
for the removal of exotic or nuisance vegetation in accordance with a District approved
maintenance plan;
d, Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or
other material substance in such manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to
remain in its natural condition;
Standard form - July, 200!
Page 2 nf 5
Exhibit "A" Sheet 3 of9
f, Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habitat preservation including, but
not limited to, ditching, diking and fencing;
g, Acts or uses detrimental to such aforementioned retention of land or
water areas;
h. Acts or uses which are detrimental to the preservation of any
features or aspects of the Property having historical or archaeological significance.
3, Grantor reserves all rights as owner of the Property, including the right to
engage in uses of the Property that are not prohibited herein and which are not
inconsistent with any District rule, criteria, permit and the intent and purposes of this
Conservation Easement.
4, No right of access by the general public to any portion of the Property is
intended to be conveyed by this conservation easement.
5, Grantee shall not be responsible for any costs or liabilities related to the
operation, upkeep or maintenance of the Property.
6, Grantor shall pay any and all real property taxes and assessments, if anv,
levied by competent authority on the Property. However, nothina shall orohibit Grantor
from takina anv leaal action to assert its status as a tax exemot entity.
7, Any costs incurred in enforcing, judicially or otherwise, the terms, provisions
and restrictions of this conservation easement shall be bome by and recoverable against
the nonprevailing party in such proceedings,
8, Enforcement of the terms, provisions and restrictions of this conservation
easement shall be at the reasonable discretion of Grantee, and any forbearance on
behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by
Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder.
9. Grantee will hold this conservation easement exclusively for conservation
purposes. Grantee shall not assign its rights and obligations under this conservation
easement except to another organization qualified to hold such interests under the
applicable state laws.
10. If any provision of this conservation easement or the application thereof to
any person or circumstances is found to be invalid, the remainder of the provisions of this
Standard form - July, 2001
Page 3 of5
Exhibit "A" Sheet 401'9
conservation easement shall not be affected thereby, as long as the purpose of the
conservation easement is preserved,
11, This easement shall be recorded in the public records of Palm Beach
County and shall be deemed to be a covenant runnino with the land.
12, All notices, consents, approvals or other communications hereunder shall
be in writing and shall be deemed properly given if sent by United States certified mail,
return receipt requested, addressed to the appropriate party or successor-in-interest. All
such communications to the Grantor shall be sent to the attention of the General Counsel
at the address provided herein.
13, This conservation easement may be amended, altered, released or revoked
only by written agreement between the parties hereto or its successor and assigns, which
shall be filed in the public records in Palm Beach County.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms,
conditions, restrictions and purpose imposed with this conservation easement shall be
binding upon Grantor, and shall continue as a servitude running in perpetuity with the
Property,
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said
Property in fee simple; that the Property is free and clear of all encumbrances that are
inconsistent with the terms of this conservation easement and all mortgages have been
joined or subordinated; that Grantor has good right and lawful authority to convey this
conservation easement.
IN WITNESS WHEREOF, The City of Boynton Beach, FL has hereunto set its
authorized hand this day of , 200_,
Signed, sealed and delivered
in our presence as witnesses:
A Florida
Print Name:
By:
Print Name:
Title:
Print Name:
Standard form - July, 2001
Page 4 of 5
Exhibit "A" Sheet 5 of9
STATE OF FLORIDA
) SS:
COUNTY OF
On this day of , 200_ before me,
the undersigned notary public, personally appeared , personally
known to me to be the person who subscribed to the foregoing instrument and did not
take an oath, as the (position) , of
Boynton Beach, and acknowledged that he executed the same on behalf of said
corporation and that he was duly authorized to do so,
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC, STATE OF FLORIDA
Print Name:
My Commission Expires:
South Florida Water Management District
Legal Fonn Approved
Date: July, 2001
Standard form - July. 2001
Page 5 of 5
Exhlblt "A" Sheet 6 of 9
EXHIBIT 'A'
Land Description
A parcel ofland lying in the Southeast v.. of Section 33, Township 45 South, Range 43
East, Palm Beach County, Florida, the boundary of said parcel being more particularly
described as follows:
(Bearings shown hereon are relative to an assumed bearing of South 07007'04" West
along the West right-of-way line of the Intracoastal Waterway,)
(Attachment I: Jaycee Park, ,2600 South Federal Highway, Boynton Beach, Florida,
described by metes and bounds in a survey prepared by Keith & Schnars, P.A. on August
10,2004)
Commencing at the East v.. comer of said Section 33, on the line between
Sections 33 and 34 for point of reference. From said point of reference run along
the East and West quarter section line through said section 34, North 89024'40"
East a distance of 155,91 feet to an intersection with the West right-of-way line of
the Intracoastal Waterway from Jacksonville to Miami, Florida as that right-of-
way is shown in the plat recorded in Plat Book 17, at Page 13-A, of the public
records of Palm Beach County, Florida; Thence along said West right-of-way line
South 07007'04" West a distance of 1196.19 feet to a point of intersection with the
North line of Tract 1 of said Jaycee Park; Thence continue South 07007'04" West
a distance of 348.00 feet to a point of intersection with the South line of said Tract
1; Thence South 89033'02" West a distance of 52.00 feet along said south line of
Tract 1; Thence North 00026'58" West a distance of 12.00 feet to a point on the
North line of a 12.00 foot wide Florida Power and Light easement as recorded in
Official Record Book 1682, Page 188 and Official Record Book 711, Page 159
and the Point of Beginning; Thence South 89033'02" West a distance of 60,64
feet along said easement line; Thence North 71052'24" West a distance of 76.38
feet; Thence North 26017'10" West a distance of 72.48 feet; Thence North
00049'41" East a distance of77.01 feet; Thence North 32021'51" East a distance
of 54.02 feet; Thence North 52010'04" East a distance of 46.94 feet; Thence
North 81054'05" East a distance of39.31 feet; Thence South 38029'45" East a
distance of 13.33 feet; Thence North 80059'10" East a distance of 10.50 feet;
Thence North 27025'58" East a distance of 19,66 feet; Thence North 67002'00"
East a distance of51.24 feet; Thence South 89044'06" East a distance of51.50
feet; Thence South 09012'32" West a distance of 163.41 feet; Thence South
20001'36" West a distance of 119.57 feet to the Point of Beginning, being 1.07
acres, more or less.
~ J. 1-l....L-~, January 17, 2006
Christopher J. Huth, Registered Surveyor & Mapper #4299
214 NE 3'" Street, Boynton Beach FL 33435 561-738-0987
Page 1 01'4
Exhibit "A" Sheet 7 0[9
SKETCH OF LEGAL DESCRIPTION
VOT A BOUNDARY SURVEY
HANPSI-IRE GAROENS
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SaViN lINE NORTHEAST J/(
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NORTH PR 'PERrY LINE JAYr:(E PARK S89.JJ.Orw 690_9(
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January 17, 2006
CHRISTOPHER J. HUTH Florida Surveyor & Mapper #4299
2/4 NE 3,d S1reel, Bayman Beach, FL 33435 561-738-0987
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INTRACOA$T Al WA TERWA Y
PER DEPARTMENT OF THE ARMY
DRAWINC NO. RE-C 12.2'4
!TRACT .3 UfS WHOLLY WlTHIN RlCHT OF WAY)
Exhibit "B" Sheet 1 on
Logan, Laurinda
From: Jonathan Ricketts Urickett@jtrinc.com]
Sent: Tuesday, October 10, 2006 9:11 AM
To: Logan, Laurinda
Subject: FW: Boynton Beach CRA. SFWMD Permit No. 50.04166.P
Laurinda,
HERE IS MY CONFIRMATION FROM THE SFWMD THAT WE ARE "GOOD TO GO"
i will have the signed and sealed certification emailed today with a hard copy no later than tomorrow morning.
@ THANKS @ !
Jonathan Ricketts
Jonathan T _ Ricketts, Inc.
5708 Whirlaway Road
Palm Beach Gardens, FL 33418
phone: 561 6306700
fax: 561 6252770
email: jricketts@jtrinc.com
From: Robson Jr, Robert [mailto:brobson@sfwmd.gov]
Sent: Tuesday, October 10, 2006 8:48 AM
To: jricketts@jtrinc.com
Subject: RE: Boynton Beach CRA - SFWMD Permit No. 50-04166-P
Jonathan,
The changes you have noted in the revised easement are minor but obviously necessary. As long as no changes
are made to the language in the body of the easement your current revised copy meets the ori9inal District
requirements. You are good to go!
Please let me know if you need any additional information.
Regards,
Buddy Robson
Staff Environmental Analyst
Environmental Resource Compliance
Regulation
(561 )682-6955
,-_._~~------~------_._._.~~.~~-----
From: Jonathan Ricketts [mailto:jrickett@jtrinc.com]
Sent: Monday, October 09,20066:04 PM
To: Robson Jr, Robert
Subject: Boynton Beach CRA - SFWMD Permit No, 50-04166-P
Buddy,
Thanks for your assistance in closing out our permit.
As discussed in our phone call, the city attorney who is reviewing the proposed easement for Jaycee Park would
like to have confirmed that the document we have submitted to his office is acceptable to the SFWMD (when
1 nil 1 nnnA
Exhibit "B" Sheet 2 of 3
recorded). I have attached the original exhibit from our permit and the clean copy of the permit that is being
reviewed by the city attorney. I have highlighted the three differences from the original permit
1 The date of the easement execution has been changed from 2004 to 2006
2 We have added "and the U,S. Army Corps of Engineers ("Corps")
3 The permit numbers from both the SFWMD permit and the ACOE permit have been inserted on the first
page
These changes occur on the first page and are shown highlighted on the PDF file.
Jonathan Ricketts
Jonathan T. Ricketts, Inc.
5708 Whirlaway Road
Palm Beach Gardens, FL 33418
phone: 561 630 6700
fax: 561 625 2770
email: jricketts@jtrinc.com
1f\/11 f"')()()h
Jonathan T. Ricketts, Inc.
5708 Whirlaway Road, Palm Beach Gardens, FL 33418
Phone: (5
Exhibit "B" Sheet 3 of 3
October II. 2006
Laurinda Logan
Senior Engineer
City of Boynton Beach
100 E. Boynton Beach Blvd
Boynton Beach, FL 33425-0310
RE: Jaycee Park Conservation Easement
Dear Ms Logan;
This is to certify that we have confirmed with Mr. Robert Robson, Jr., Staff Environmental
Analyst, with the South Florida Water Management District that the proposed wording for the
conservation deed is acceptable to the district and will satisfy the requirements shown in the
city's permit. Please proceed with the approval and execution of the deed with the city counci I.
If you have any further questions, please contact me at the numbers shown above.
,."
Cc: Robert Reardon, CRA
Vivian Brooks, CRA
/ (r,. (y
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVI
Requested City Commission Date Final Form Must be Turned
Meetiml Dates in to City Clerk's Office
Requested City Commission
Meetin2 Dates
0 August I. 2006
0 August 15,2006
0 September 6, 2006
0 Sepuonber 19, 2006
July 17,2006 (Noon.) 0 October 3, 2006
July 31.2006 (Noon) 0 October 17, 2006
August 14, 2006 (Noon) ~ November 8. 2006
September 5, 2006 (Noon) 0 November 21, 2006
XIII-UNFINISHED BUSINESS
ITEM A.
Date Final Form Must be Turned
in to City Clerk's Office
September 18,2006 (Noon)
c-:)
October 2, 2006 (Noorg:;
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October] 6, 2006 (NornR)
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November 6, 2006 (N""JY.
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NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
o Consent Agenda
o Code Compliance & Legal Settlements
~ Pnblic Hearing
o City Manager's Report
o New Business
o Legal
o Unfinished Bnsiness
o
RECOMMENDATION: Please place this request on the October 17,2006 City Commission Agenda under
Public Hearing. The P1amring and Development Board, recommended that the subject request be approved On September 26,
2006, subject to all staff connnents and an additional condition (reconnnendation) that the City Commission obtain approval
for a second railroad crossing at the south end of this M-I zoned area. For further details pertaining to the request, see
attached Department Memorandwn No. 06-175.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Ocean 95 Exchange Plaza (NWSP 06-020)
Crockett Farnell
Boynton Industrial, LLC
514,516,518 West Ocean Avenue
Request new site plan approval to construct 133,911 square feet of office I warehouse on
a 6.77 -acre parcel in the M-1lndustrial zoning district.
~C M 's'
.ty anager s 19nature
PROGRAM IMPACT: N/A
""""''''''CT, ~
ALTERNATIVES: N/A
Developmen Department Director
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Assistant to City Manager
ChIL-
Plamring and Zoning tor City Attorney I Finance
S:\Planning\SHARED\WP\PROJECTS\ ean 95 Exchange Park\Agenda Item Request Ocean 95 EXchange Plaza NWSP 06-020 10-17 -06.dot
So\BULLETlN\FORMSIAGENOA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-175
STAFF REPORT
TO:
Chair and Members of the Planning and Development Board and City
Commission
THRU:
Michael Rumpf
Planning and Zoning Director
FROM:
Eric Johnson, AICP
Planner
crj
DATE:
September 20, 2006
PROJECT NAME/NO:
Ocean 95 Exchange Plaza / NWSP 06-020
REQUEST:
New Site Plan
PROJECT DESCRIPTION
Property Owner:
Mr, Michael C. DeSimone and Coral Capital Palm Beach, LLC
Applicant:
Boynton Industrial, LLC
Agent:
Mr, Crockett Farnell
Location:
514 though 518 West Ocean Avenue, which is located on the south side of
West Ocean Avenue, directly abutting the east side of the C.S.X, Railroad
tracks and the west side of Intestate 95 (see Exhibit "AU - Location Map)
Parcel Size:
294,997 square feet (6.77-acres)
Existing Land Use:
Industrial (I)
Existing Zoning:
Light Industrial (M-l)
Proposed Land Use:
No change
Proposed Zoning:
No change
Proposed Use:
133,911 square feet of office / warehouse
Adjacent Uses:
North:
Right-of-way for West Ocean Avenue, then farther north is developed
property classified with Industrial (I) land use and zoned Light Industrial
(M-l);
Staff Report - Ocean 95 Exchange Plaza (NWSP 06-020)
Memorandum No PZ 06-175
Page 2
South:
Undeveloped property classified with Industrial (I) land use and zoned
Light Industrial (M-l);
East:
Right-of-way for Interstate 95, then farther east is developed residential
property classified with Low Density Residential (LOR) land use and zoned
Single-family Residential (R-l-A); and
West:
Right-of-way for C.S.X. Railroad tracks, and then farther west are
properties with varying land use classifications and zoning districts.
Northwest of the C.S.X Railroad tracks are developed residential properties
classified with Medium Density Residential (MDR) land use and zoned
Duplex Residential (R-2). Southwest of the C.S.X. Railroad tracks is a
storm-water retention area for Industrial Park, classified with High Density
Residential (HDR) land use, and zoned Planned Unit Development (PUD).
Site Characteristic: According to the survey, the subject site was previously developed and licensed for
a fence company (Bulldog Fence) and a welding / manufacturing business (Four
Steel Corporation) but now it sits vacant. The survey indicates the property is an
irregularly-shaped decagon, nestled between the C.S.X Railroad tracks (to the
west) and Interstate 95 (to the east). The east and west property lines, which
form the "length" of the site, are much longer than the north and south boundaries
(width). Also, the width of the south property line is shorter (less deep) than the
north end, which further exposes the difficulty in developing the site to current
design standards. The survey indicates that an existing Cracker Barrel billboard
sign is located along the east property line, near the middle of the site. Also, an
existing cell tower is located along the east property line approximately 270 feet
south of West Ocean Avenue. Neither the billboard nor the cell tower would be
removed or relocated as a result of the proposed development. According to the
applicant, the lease of the sign commenced on June 1,1996 and will not expire for
another 30 years. The cell tower least started on November 24, 1999 and will not
expire until 2036.
BACKGROUND
Proposal:
Mr. Crockett Famell, representing Boynton Industrial, LLC is requesting site plan
approval for the construction of three (3) office / warehouse buildings totaling
133,911 square feet on the 6.77-acre parcel. As previously mentioned, the subject
parcel is comprised of several lots and previously developed with a fence company
and welding / manufacturing business. The intent is to combine all lots, raze each
structure, and construct new buildings and parking areas. Although the site is
located in an isolated area of the City, it is afforded much exposure and visibility
due to its close proximity to Interstate 95. It is the developer's intent to have the
buildings ready for occupancy by January 2008,
ANALYSIS
Concurrency:
Traffic:
A Traffic Impact Analysis was sent to the Palm Beach County Traffic Division for
Staff Report - Ocean 95 Exchange Plaza (NWSP 06-020)
Memorandum No PZ 06-175
Page 3
Utilities:
concurrency review in order to ensure an adequate level of service. On July 10,
2006, the Palm Beach County Traffic Division responded with several comments
that the applicant needed to address in order for them to make an accurate
determination. On August 22, 2006, the applicant submitted a revised Analysis
that was sent to the Traffic Division. However, as of the date of this report, the
Traffic Division has not yet confirmed that the project meets the Traffic
Performance Standards of Palm Beach County. Therefore, this confirmation will be
required prior to the issuance of any building permits (see Exhibit "c" - Conditions
of Approval).
The City's water capacity, as increased through the purchase of up to 5 million
gallons of potable water per day from Palm Beach County Utilities, would meet the
projected potable water for this project (project estimated to require a total of
17,000 gallons per day). Local piping and infrastructure improvements may be
required, especially on the water delivery system for the project, depending upon
the final project configuration and fire-flow demands, These local improvements
would be the responsibility of the site developer and would be reviewed at the
time of permitting. Sufficient sanitary sewer and wastewater treatment capacity is
currently available to serve the projected total of 17,000 gallons per day, subject to
the applicant making a firm reservation of capacity, following approval of the site
plan (see Exhibit "c" - Conditions of Approval),
Police! Fire: Staff reviewed the site plan and determined that current staffing levels would be
sufficient to meet the expected demand for services.
Drainage:
School:
Driveways:
Parking Facility:
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Conceptual drainage information was provided for the City's review, The
Engineering Division has found the conceptual information to be adequate and is
recommending that the review of specific drainage solutions 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 concurrency is not required for this type of project.
The site plan (Sheet A-O.l) shows that one (1) pOint of ingress/egress is proposed
for the project. The driveway opening would occur at the northeast corner of the
parcel, which would connect to the terminus of West Ocean Avenue. This opening
would be 30 feet in width, The site is situated in such a way that it can only have
one (1) point of ingress / egress. While it would be preferable to have a second
point of egress, additional driveway openings would require the developer to
connect to the existing rights-of-way located on the opposite side of the railroad
tracks, which would require additional railroad crossings.
According to the Land Development Regulations, the parking methodologies for
office / warehouse uses are based upon the following: One (1) parking space per
300 square feet of gross floor area (for the office) and one (1) parking space per
800 square feet of gross floor area (for the warehouse space), The cover sheet
tabular data (Sheet A-O) C3) proposes 23,296 square feet of office space and
Staff Report - Ocean 95 Exchange Plaza (NWSP 06-020)
Memorandum No PZ 06-175
Page 4
110,615 square feet of warehouse space, which requires a total of 217 parking
spaces. The site plan depicts 219 parking spaces, including 10 designated for
handicap use. Therefore, there would be two (2) excess parking spaces provided
for tI1e entire development.
All spaces, excluding the handicap spaces, would be dimensioned 9 feet - six (6)
inches in width and 18 feet - six (6) inches in length. All proposed parking stalls,
including the size and location of the handicap spaces were reviewed and approved
by both the Engineering Division and Building Division.
Landscaping:
The site currently contains two (2) Sabal palm and five (5) Live Oak trees. The
developer will be required to relocate the Sabal palm tree (on-site) and re-evaluate
the health of the Live Oaks (for possible relocation). According to the cover sheet
tabular data, the proposed open space or "pervious" area would be 54,183 square
feet or 18.4% of the total parcel. The Plant List (Sheet L-3) indicates that 84 or
58% of the 145 palm trees and 141 (85%) of the 166 palm trees would be native,
The landscape data indicates that 99% of the shrubs would also be native. The
landscape plan would provide the following species of trees: Alexander, Double-
Alexander, Black Bamboo, Sabal, Green Buttonwood, Silver Buttonwood, East
Palatka Holly, Eastern Red Cedar, Crape Myrtle, Live Oak, Bald Cypress, and Yellow
Elder.
The site plan shows that a 10-foot wide landscape buffer is proposed along the
north property line, adjacent to West Ocean Avenue. This buffer would contain
Live Oak, Yellow Elder, Redtip Cocoplum, Croton, and Green Island. The east
landscape buffer proposed along Interstate 95 would be three (3) feet in width at
its narrowest point and contain an array of plant material, consisting of the
follOWing species: Eastern Red Cedar, East Palatka Holly, clusters of Sabal palm,
Redtip Cocoplum, and Fakahatchee Grass, The existing fence around the cell tower
would have Redtip Cocoplum installed along its base. The elevation plan along
Interstate 95 (Sheet L-4) illustrates how the landscaping would "soften" and
"break-up" the building expanse. The site plan indicates that the south landscape
buffer would be at least five (5) feet in width at its narrowest point. It would have
a cluster of Sabal palm trees installed at the southeast corner of the property.
Also, a row of Silver Buttonwood trees would be installed along this 76-foot long
stretch. The west landscape buffer, proposed along the C.S.X. Railroad tracks
would generally be 10 feet in width. This buffer would be the one that screens the
office / warehouse buildings from the residential neighborhood west of the railroad
tracks. It should be noted that a portion of the west landscape buffer is reduced in
width at the northwest corner of the property to accommodate the design of the
new parking areas. This buffer would contain a row of Green Buttonwood, Bald
Cypress, and Black Bamboo. Each tree would be installed at 14 to 16 feet in height
and spaced 20 feet apart from each other. A row of hedges would be installed
along the base of each building. The aforementioned plant material would be
sufficient in terms of lower and upper level buffering in part, because no employee
or customer activity would occur west of the buildings and vehicular use areas are
principally proposed along the eastern portion of the site.
Staff Report - Ocean 95 Exchange Plaza (NWSP 06-020)
Memorandum No PZ 06-175
Page 5
Building I Site:
Design:
The project proposes three (3) separate buildings, labeled "north", "central", and
"south", The north building would be the largest, proposed at 59,327 square feet.
The central building would be 43,122 square feet and the south, 31,462 square
feet. According to the cover sheet tabular data, the lot coverage would 39.6%,
which is under the 60% maximum allowed in the M-1 zoning district. The floor
plans show the north building would have 15 individual bays, The central building
would have 11 bays and the south, 13 bays. All buildings would be one (1) story
tall and of equal height. The top of the main parapet wall would be 28 feet - six
(6) inches tall. The top of the entry feature would be 34 feet - six (6) inches tall,
which would be below the maximum height of 45 feet. All buildings would meet
the minimum setbacks required in the M-1 zoning district. The building and site
design as proposed would generally meet code requirements when staff comments
are incorporated into the permit drawings.
As previously mentioned, the site is located in an isolated area of the city and lacks
frontage on a major thoroughfare. Trucks traveling to and from the site would
have to traverse through residential neighborhoods in order to access the site.
Staff has communicated this concern to the developer. The developer has
suggested that the proposed building sizes, on-site design, and uses would
informally discourage large tractor trailers from coming to the industrial site. While
the developer's response may be justified because of those aforementioned
reasons, there is nothing in city code that would prohibit or restrict the infrequent
and / or wayward visit of a tractor trailer, As such, the developer has provided
staff with three (3) viable truck route plans (see Exhibit "0"), While all routes
would be adequate, staff determined that Option 1.A is the one most qualified to
absorb the traffic impact due to its wider rights-of-way (of West Ocean Drive),
length of roadway segments, and characteristics that accommodate
maneuverability (see Exhibit "c" - Conditions of Approval). However, each option
and / or a combination of each option are feasible based on their own merits.
The project would require an on-site lift-station for sanitary sewer, The structure
would be located along the west property line between the central and south
buildings, opposite the water-retention (drainage) area so as to not impact any of
the residential areas. Six (6) dumpster enclosures are proposed along the
easternmost limits of the drive aisle and parking lots, The back-up dimensions
have been reviewed and approved by engineering staff. Additionally, the Fire Plan
(Sheet A-0.3) shows the large turning radii and wide drive-aisle dimensions that
will accommodate service vehicles, such as fire trucks, ambulances, and garbage
trucks.
The exterior design of the proposed buildings would be an upgrade from the
current on-site conditions (dilapidated, unsafe structures). The new buildings
would consist of tilt-wall construction and comply with the 2004 Florida Building
Code, The east fa!;ade or the "front" of the buildings would face Interstate 95.
These elevations show that future knock-out panels are incorporated into the
design to allow the owner the choice of adding more front doors. The floor plans
and elevations show that each building would be long and narrow, with tilt-up entry
panels and triangular-shaped wedges proposed at each front entrance, The entry
Staff Report - Ocean 95 Exchange Plaza (NWSP 06-020)
Memorandum No PZ 06-175
Page 6
Signage:
panels would help to "break-up" the monotony of the flat roof and provide focal
points. Also, these elements will help to distract from the overhead bay doors that
are oriented towards Intestate 95 and the north I south sides of the building, No
doors (overhead or pedestrian) would face the residential neighborhoods to the
west. However, the west fa<;ades, or the "rear" of each bUilding were only
enhanced with score lines. Therefore, staff recommends incorporating variations in
height of the parapet wall for the west fa<;ade, similar to that of the east facades.
This would help to improve the appearance of the west fa<;ade by breaking-up the
linear nature of the buildings (see Exhibit "C" - Conditions of Approval).
The buildings would be painted with an array of earth-tone colors and be adorned
with score lines and triangular entry features. The Benjamin Moore paints are
proposed as follows:
Paint Name Common name Color Code
Whale Gray Dark qrav 2134-40
Province Blue Blue-qrav 2135-40
Brilliance White White Ready-mixed
Dakota Woods Green Dark Green 2139-20
Grav Miraqe Tan 2412-50
The buildings would also contain clear anodized aluminum frames with light gray
tinted impact glass. The photometric plan (Sheet E1-1B) shows the proposed
lighting levels for the parking areas along Interstate 95, The levels are such that it
would provide for a safe environment at night but not too excessive that they
would be more noticeable than any other industrial property,
The elevation pages show that wall signs are proposed on the front (east elevation)
and sides (north and south elevations) of each building, above either the doors or
windows, All letters would be made of 20" high clear anodized aluminum channel
letters and of Century Gothic font. No sign color(s) are proposed at this time.
According to Chapter 21, Article IV, Section 5.B., the maximum area for all wall
signage is based on one (1) square foot of area of each one (1) foot of linear
building frontage. A freestanding monument sign is proposed at the southeast
corner of the property. According to the Freestanding Sign Detail (Sheet A-0.2), it
would be 20 feet in height and contain 16" high clear anodized aluminum channel
letters in a Century Gothic font. The base of the sign would have multiple colors
(Province Blue and Mirage Blue). According to Chapter 21, Article N, Section 5.F.,
a directional Sign not exceeding four (4) square feet in area and five (5) feet in
height would be allowed along West Ocean Drive. A directory Sign is proposed at
the northeast corner of the site. All freestanding Signs must be located at least 10
feet from the property line. Because of the site's visibility to Interstate 95, staff
recommends creating a Sign Program for the entire development, which would
include the sign type(s), color(s), material(s), and location(s). All future site and
building signage would be subject to the Sign Program for the entire center (see
Exhibit "c" - Conditions of Approval),
Staff Report - Ocean 95 Exchange Plaza (NWSP 06-020)
Memorandum No PZ 06-175
Page 7
RECOMMENDATION
Staff has reviewed this request for new site plan approval and recommends approval contingent upon
satisfying 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\PROJECTS\Ocean 9S Exchange Park\Staff Report.doc
LOCATION MAP
Ocean 95 Exchange Plaza
200 100 0
,
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, Feet
Exhibit "A"
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Exhibit "C"
Conditions of Approval
Project name: Ocean 95 Exchange Plaza
File number: NWSP 06-020
Reference: 3'" review plans identified as a New Site Plan with a September 12.2006 Planninl! & Zoninl! date
stanm markinl!,
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - Solid Waste
Comments: None X
PUBLIC WORKS - Forestrv and Grounds
Comments: None X
PUBLIC WORKS - Traffic
Comments:
1. Provide a notice of concurrency (Traffic Performance Standards Review) X
from Palm Beach County Traffic Engineering,
2. Provide Off-Site Roadway Improvement plans for the truck route to be used X
to access this project using Option IA (SW 8th St. and W, Ocean Dr.)
Roadway improvements may include, at a minimum, but not be limited to,
design of two 12-ft. travel lanes, drainage, sidewalk, signing, and striping as
required and determined necessary along the proposed truck route. Design
shall be finalized after public input and approval by the appropriate governing
boards and Commission.
ENGINEERING DIVISION
Comments:
3, At the time of permitting, all comments requiring changes and/or corrections X
to the plans shall be reflected on all approPriate sheets,
4, Provide written and graphic scales on all sheets, Correct the written and X
graphic scale on the landscape plan so that thev both match.
5. At time of permitting, provide a drainage plan in accordance with the LDR, X
Chapter 4, Section 7,F, The plan should include a sufficient number of
existing and proposed grades to indicate general flow patterns for stormwater
management.
6, 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. .
COA
09/25/06
2
;:'<;:" -.....
DEPARTMENTS INCLUDE REJECT
7. Paving, drainage and site details will not be reviewed for construction X
acceptability at this time. AU 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 DCI1IIit application,
UTILITIES
Comments:
8. Pahn Beach County Health Department pennits will be required for the water X
and sewer SYStems servin!! this proiect (CODE, Section 26-12),
9, Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 gpm with 20 psi residual pressure as stated in the LOR,
Chapter 6, Article IV, Section 16, or the requirement imposed by insurance
underwriters, whichever is greater (CODE, Section 26-16(b)). The proposed
system looping for this project will leave a dead-end line approximately 400-
ft. in length. Re-evaluate the location and spacing of fire hydrants to see if
the furthest south fire hydrant can be eliminated. Excessively long dead-end
sections of main can lead to stalO1ation in the line and bacteriologicall!Towth.
.
10.. 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 .fonns or within seven (7) days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand.
II. Water and sewer lines to be owned and operated by the City shall be included X
within utility easements. Please show all proposed easements on the
engineering drawings, using a minimum width of 12 feet. The easements
shaU be dedicated via separate instrument to the City as stated in CODE Sec.
26-33(a),
12. 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 pennanent water meter is a prerequisite to obtaining the
Certificate of Occunancy,
13, A building pennit for this project shall not be issued IDltil this Department has X
approved the plans for the water and/or sewer improvements required to
service this proiect, in accordance with the CODE, Section 26-15.
I. Provide appropriate easements for the force main work within the CSXRR X
right-of-way.
15. Utility construction details wlll not be reviewed for construction 3CCCIltabilitv X
COA
09/25/06
3
,~,.;
DEPARTMENTS INCLUDE REJECT
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) and will be
reviewed at the time of construction oennit auulication,
16, Replace 2-in. water main with 8-in, water main from the existing main in X
West Ocean Ave, to the proposed 900 or 8-in, tee at the north end of the
development. The City may consider allowing 6-in. water main for this
project if fire flow and domestic demands can be acconnnodated adequately.
Provide demand and head loss calculations supporting the desired main
diameter,
FIRE
Connnents: None X
POLICE
Connnents: None X
BmLDING DIVISION
Connnents:
17. 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 2004 FBC, Section 1609 (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 uermit aDDlication.
18, At time of pennit review, submit signed and sealed working drawings of the X
DTODOsed construction,
19. Vertical accessibility to the mezzanine area shall be required per the 2004 X
FBC, Sections 11-4.1.2, 11-4,1.3(5) (New Construction) and Section 11-4,1.6
(Alterations).
20. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are readily
available.
21. A water-use permit from SFWMD is required for an irrigation system that X
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 auulication, F.S. 373.216.
22. If capital facility fees (water and sewer) are paid in advance to the City of X
Bovnton Beach Utilities Department, the followiDll information shall be
COA
09/25/06
4
. i:_>.i'. "._,
DEPARTMENTS INCLUDE REJECT
provided at the time of building permit application:
A The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
B The total amount paid and itemized into how much is for water and how
much is for sewer,
(CBBCO, Chapter 26, Article IT, Sections 26-34)
23. 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.
24, 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
bv the City Commission.
25. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted,
The name of the project as it appears on the Development Order must be
noted on the buildin 't application at the time of application submittal.
26. Submit irril!ation Dlans at the tiriie of nermittinl!. X
PARKS AND RECREATION
Connnents: None X
FORESTER/ENVIRONMENTALIST
Connnents:
Existinl! Trees List - Manal!ement Plan
Sheet L - 4 .
27, The Landscape Architect should tabulate the total diameter inches of existing X
trees on the site. The tabular data should show the individual species of trees
proposed to be preserved in place (2 Sabal Palms, 5 Live Oaks), relocated or
removed and replaced on site. The replacement trees should be shown by a
separate symbol on the landscape plan sheet L-4. of 4 (Environmental
ReRUlations Chapter 7.5, Article I Sec. 7,D.D. 2),
28. Fifty percent (50%) of all site landscape materials must be native species X
(Chapter 7.5, Article IT, Section 5,P). At the time of permitting, on the
landscane plan, indicate the total Quantities within each catel!oTV and their
COA
09/27/06
5
DEPARTMENTS INCLUDE REJECT
native Dercenta!!es,
29. All trees proposed under any existing overhead electric power lines must meet X
the FP & L Riuht tree in the Riuht Place manual selection for small trees only.
PLANNING AND ZONING
Comments:
30. The maximum height allowed in the M-I zoning district is 45 feet, not 55 feet X
as indicated on the cover sheet and site plan tabular data. Correct the plans at
the time of nennittin!!.
31. Feature lighting emphasizing plants, trees, barriers, entrances, and exits is X
encouraged (Chapter 9, Section 10,F.3,). This is especially pertinent for the
east buildin!! facades that would be visible from Interstate 95.
32, Correct the label for the Yellow Elder trees so that it matches the Plant List X
(on the landscaDe Dlan sheet L-3),
33, The monument sign proposed (at the southeast corner) and the directory sign X
proposed at the northeast corner of the property must be located at least 10
feet from the property line. Also, the monument sign must be shown on the
landscape plan with colorful groundcover plants installed at its base. Because
of the site's visibility to Inte~ate 95, staff recommends creating a Sign
Program for the entire development, which would include all sign type(s),
color(s), material(s), and location(s), All future site and building signage
would be subiect to the Sil!ll PrOI!l'aDl for the entire center,
34, The west fa~ade of each building is long, linear, and uninterrupted by any X
variations in height. This is the fa\,ade that is oriented towards the railroad
tracks and the residential neighborhoods, Therefore, staff recommends
incorporating variations to the height to w".st elevation's parapet wall, similar
to that of the east facades. This would help to improve the appearance of the
west fll\'ade because varying heights of the parapet wall would break-up the
linear nature of the buildin!!s
PLANNING AND DEVELOPMENT BOARD COMMENTS:
Comments:
35, Board recommends that the Commission obtain approval for a second railroad X
crossin!! at the south end of this M-I zoned area,
CITY COMMISSION COMMENTS:
Comments: ~
\
COA
09/25/06
"
;:;",-' .-.,
DEPARTMENTS INCLUDE REJECT
36. To be determined,
MWR/elj
S:\P1annlngISHAREDlWPlPROJECTSlOcean 95 Exchange ParklCOA.doc
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,
MINUTES OF THE REGULAR MEETING OF THE PLANNING AND DEVELOPMENT BOARD
HELD IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA
SEPTEMBER 26, 2006 AT 6:30 P.M.
PRESENT:
Lee Wische, Chair
Woodrow Hay, Vice Chair
Sergio Casaine
William Cwynar
Shirley Jaskiewicz
Roger Saberson
David Tolces, Assistant City Attorney
Mike Rumpf, Director, Planning and Zoning
ALSO PRESENT:
Sharon Grcevic, Alternate
Matthew Barnes, Alternate
I. Pledge of Allegiance
Chair Wische called the meeting to order at 6:30 p.m. Vice Chair Hay led the Pledge of
Allegiance to the Flag. Chair Wische introduced the board alternates, who sat in the audience
and participated, but did not vote.
II. Introduction of the Board
Chair Wische introduced each member of the board to the audience.
III. Agenda Approval
Motion
Mr. Cwynar moved to approve the agenda as presented. Vice Chair Hay seconded the motion
that passed 6-0.
IV. Approval of Minutes
There were no changes to the August 22, 2006 minutes.
Motion
Mr. Cwynar moved to approve the August 22, 2006 minutes as presented. Vice Chair Hay
seconded the motion that passed 6-0.
V. Communications and Announcements
A, Planninq and Zoning Report
1. Final disposition of the August 22, 2006 Planning and Development Board
meeting Agenda items
Mike Rumpf, Planning & Zoning Director, reported that at the September 19, 2006 City
Commission meeting, the Smokey Bones and Red Lobster items were undergoing fac;ade
redesigns and would be considered at the October 3 City Commission meeting. The Boynton
Village Condo 4 had been approved.
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
September 26, 2006
Vice Chair Hay asked for more detail about Smokey Bones, Mr. Rumpf responded each project
had been reviewed by others involved in the Master Plan and there were concerns about
possible deficiencies in the fa!;ades. The developer/owner, Darden Properties, agreed and was
adding some fenestration, illumination, and similar fixes in response. When re-submitted, staff
would conduct another review to determine whether the changes were major and should be
brought back before the board or minor and could be handled administratively. In the latter
case, the projects would proceed on to the City Commission for the October 3 meeting.
VI. Old Business
None
VII. New Business
Attorney Tolces administered an oath to all who planned to testify.
A. New Site Plan
1.
Project:
Agent:
Owner:
Location:
Description:
Ocean 95 Exchange Plaza (NWSP 06-020)
Crockett Farnell
Boynton Industrial, LLC
514, 516, and 518 West Ocean Avenue
Request new site plan approval to construct
133,911 square feet of office/warehouse on a 6.77-
acre parcel in the M-1 industrial zoning district,
Haime Mayo, H & M Architecture, 3705 N. Federal Highway, Delray Beach, Florida,
appeared. Crockett Farnell, representing Boynton Industrial, LLC, the development entity for the
project, also appeared.
Chair Wische asked if the applicant was in agreement with or needed clarification for any of the
staff conditions of approval. Mr. Mayo responded the applicant accepted all staff conditions of
approval.
Eric Johnson, Planner, displayed a rendering of the subject site, a very long site with some
dilapidated structures in place. The applicant proposed three separate office/warehouse
buildings. There was one point of ingress and egress from West Ocean Drive over an existing
railroad crossing. Staff recommended approval of the project, contingent on meeting the 34
conditions of approval. He pointed out condition of approval #1 had been met, because the
developer had obtained a certificate of concurrency.
Chair Wische asked the applicant's representatives whether they wished to make a report, and
they did not.
Chair Wische opened the floor for the public to speak.
2
Meeting Minutes
Planning 8r. Development Board
Boynton Beach, Florida
September 26, 2006
Wendy Franklin, 120 N.W. 6th Street, Boynton Beach, confirmed with Mr. Johnson the
West Ocean Avenue railroad crossing would be the sole means of entry and exit to the
proposed project.
Ms. Franklin declared the neighborhood had experienced many traffic problems and there were
children in the area. They had just gone through the Krispy Kreme disaster that was not
supposed to cause the residents any problems and it caused them major problems with people
parking on their streets, walking to Krispy Kreme through the back, and throwing their trash all
over. Now, they would have this. It had been wonderful not having the steel business there
because she did not have trucks backing up in her driveway any more to get around the corner.
Her neighborhood just had a major meeting with the Police Department about keeping
strangers out of the neighborhood and trying to keep the area safe. The Police said to report
any suspicious vehicles. They could not tell who was suspicious because they would have so
much traffic on their streets if this project were approved. Ms. Franklin wondered if a railroad
crossing could be put in down by Home Depot on the road near the Expo Center. They wanted
the West Ocean Avenue railroad crossing to be a quiet zone and if they were going to have
more traffic, it would never become that.
Mr. Johnson pointed out the subject property was zoned M-l, Light Industrial. As such, the use
the developer was bringing forward was permitted. They were allowed to have this project by
right, as long as they met the Land Development Regulations and they either did or would by
the time a building permit was issued. As far as truck traffic was concerned, or traffic in
general, it was always better to have two points of ingress and egress, but he deferred to the
Senior Engineer to elaborate.
Laurinda Logan, Senior Engineer, Public Works/Engineering, assured Ms. Franklin that one of
the conditions of approval associated with this project had to do with the truck route, which
was different than the one used by the previous businesses at this location. The preferred route
was along S.W, 8th Street and West Ocean Drive. Ms. Logan declared the new route should
diminish the amount of traffic in Ms, Franklin's immediate neighborhood. The developer had
also agreed to make improvements to the roads to minimize the effect on the residents.
Ms, Franklin commented that even though the traffic had been re-routed, it was still going right
through a residential area. She realized the developer had a right to build on his property, but
was hoping another railroad crossing would be put in place.
No one else coming forward, Chair Wische closed the public hearing.
Ms. Jaskiewicz commented she had visited the site and shared some of Ms. Franklin's concerns.
She believed condition of approval #2 was very vague and wondered how they could force
traffic to follow a particular route when all three roads were open to S.E. 8th Street. Ms.
Jaskiewicz asked the developer what kinds of uses would be involved and how intensive the
truck traffic was expected to be. She noted there was a children's park in the area and she was
concerned about that. She had driven through the proposed routes and the one chosen was not
necessarily the shortest route, nor was it the route that would impact the fewest number of
residences. Actually, it was one of the longest routes. On the positive side, Ms. Jaskiewicz
appreciated the fact that a project was going in to replace the existing dilapidated buildings,
even though the proposed project was almost an over use of the property.
3
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
September 26, 2006
Ms, Logan indicated they could only sign the project to direct trucks to use the preferred route,
but the businesses should be involved in insuring their trucks used the correct route. The route
was chosen because it had the widest right-of-way and the potential for making the most and
best improvements to the roadway to minimize the impacts to the neighbors.
Ms. Jaskiewicz believed Ms. Franklin's comment about moving the railroad crossing or building a
second crossing was a great idea, because she knew there was a piece of property behind
Home Depot and there had been talk of development of it. She wondered if a condition of
approval could be added that the City Commission investigate adding a railroad crossing. Ms,
Logan responded this could be added to the conditions of approval. Moving the railroad
crossing was one of the alternatives they had the developer look at, including the cost. From
Ms. Logan's past experience in dealing with the railroad, getting a second crossing would quite
likely be a very difficult hurdle to get over. Ms. Jaskiewicz suggested the area businesses might
contribute to it or be required to do so, Ms. Logan indicated this was a possibility and the
Commission could consider it as an alternate to the various routes.
Ms. Jaskiewicz asked if the City had to pay the full cost of maintenance on the railroad crossing
at the present time, and Ms. Logan responded in the affirmative. Ms. Logan noted that in
addition to the businesses, there were the people who used those businesses, so it was for a
public use,
Mr. Mayo spoke about intensity and the use of the land, saying they were proposing about 20%
less than was allowed by Code in terms of floor area. It was not an intense industrial use and
they expected to have smaller industrial users such as cabinetmakers. They were not expecting
tractor-trailer users, as they had no dock height overhead doors. Mr. Mayo suggested the
proposed building sizes, on-site design, and uses would informally discourage large tractor-
trailers from coming to the industrial site. A tractor-trailer would have a hard time turning
around and accessing overhead doors, for example. They had studied the truck route
extensively and their primary consideration had been safety. The reason they chose the route
they did was the safety factor and they would be taking measures to enhance safety around the
park.
Ms. Jaskiewicz responded their comments were generally true in relation to an industrial area;
however, very rarely did an industrial project impact a neighborhood like this.
Mr. Casaine asked the applicant to expand on the definition of Light Industrial. Mr, Mayo replied
it was not like a large distribution center. They would not have tractor-trailers. The maximum
tenant size would be about 4K square feet. One user would not come in and take a 60K square
foot building, and that was the largest building on the site. Mr. Casaine wanted to know what
types of businesses they intended to attract for the three warehouses. Mr. Mayo responded
they hoped to attract an industrial use or uses from the list of 100 approved uses for this zoning
district. Mr. Casaine understood his remarks to mean that the uses had not actually been
defined, but would meet Code or regulations, and Mr. Mayo agreed.
Mr, Casaine asked the applicant which residential uses they would be affecting with the
speCified truck route, noting they had identified light medium residential and high density
residential. Mr. Mayo believed they would be affecting single-family homes only. Mr. Casaine
asked if there were any plans to improve the traffic conditions or roadways in order to
accommodate whatever size of truck movement would occur in the area, Mr. Mayo responded
4
Meeting Minutes
Planning 80. Development Board
Boynton Beach, Florida
September 26, 2006
affirmatively. He believed Ocean Avenue was a 70-foot right-of-way and it had recently been
improved.
Ms. Logan declared the applicant was being required to bring the road up to more of a
collector-type road. The final design would address the width of the roadway so that it could
handle whatever type of vehicles may go through it. She did not think any of them could say
with absolute certainty that there would not be any tractor-trailers, but they would ensure the
roadway was designed and constructed to handle tractor-trailers, the fire rescue vehicles, and
the solid waste trucks that would continue to utilize that route.
Mr. Casaine was concerned with the adequate preparation of the area for the type of traffic that
it could potentially hold and felt that had to be part of a plan. He wanted to see industrial and
even more than light industrial; however, since the project was in a residential area and people
were concerned about traffic and railroad crossings, safety had to be a number one priority,
The residents were concerned about these things, and rightly so. On the other hand, the
selection of the area and the acceptance by staff was commendable because the site was
apropos for this type of project.
Crockett Farnell, agent for the owner, assured Mr. Casaine the roadways were designed
for full capacity, including tractor-trailer traffic. Mr. Farnell believed Mr. Casaine was concerned
about the roadway and whether it could handle the type of traffic to which it would be
subjected. Mr. Casaine responded that was partially correct. When he said roadway, he did not
mean the major ingress and egress roads, but the site itself: the entrance, the roads around the
site, anything that would hold traffic or that would accommodate traffic to go in and out of the
structures. The reason he said that was because the question had been asked about the type of
traffic expected at the site. A comment had been made about 55-foot trailers and he declared
they could put a 55-foot trailer on the site and turn around in that area very easily if they knew
how to drive a 55-foot trailer.
Mr. Farnell agreed, saying the paved sections of the site would all be designed to that
maximum potential standard, to alleviate that concern. Their site would be designed to
accommodate any loads such as tractor-trailers, fire trucks, utility service trucks, and so forth,
including anyone who might show up by mistake or otherwise, His understanding from staff
was that the existing roadways already had the capacity to accommodate tractor-trailers. The
improvements they would be making pertained to the intersections. There were some oddball
intersections now that could use improvement regardless of whether their project was approved
or not. There was an odd five-way intersection that was very problematic for traffic, for
example. It would be part of their plan to improve those areas to make sure that worst-case, a
tractor-trailer could get in there.
Mr. Farnell addressed the actual uses for their facility. From a pure marketing standpoint, he did
not anticipate selling to a user with a need for daily or even weekly tractor-trailer traffic. The
site did not lend itself to easy loading and unloading of tractor-trailers and did not lend itself to
easy driving and turning around, although it would accommodate it. He understood a former
business at the site, Four Steel, had regular tractor-trailer traffic in and out all the time with
heavy loads of steel, dumpsters, and so forth, and that would no longer be the case if this
project were approved.
5
Meeting Minutes
Planning &. Development Board
Boynton Beach, Florida
September 26, 2006
Mr. Casaine indicated he was hearing the design was more appropriate for lighter truck capacity
than larger trucks because of the makeup and the limitations of the property, Mr. Farnell
responded that was absolutely correct. As could be seen on the site plan, they had front-loading
bay doors that were at grade height instead of dock height and that, combined with their
available driving area, would not attract a shipping and receiving type of facility. It would not be
a Fed-Ex transition area or a WalMart distribution center, for example. None of those functions
could feasibly, practically, or efficiently function on such a site layout. The loading areas in the
proposed facilities were designed for large parcel trucks such as UPS trucks, and maybe four-
wheel box trucks. There would be no real accommodation for any kind of semi trucks, other
than the capacity of the paved areas themselves.
Mr. Blehar liked the architecture and usage, since it meant more jobs in the City, but had
serious problems with the railroad crossing. First of all, it was at grade. If there were a fire at
the proposed facility and the crossing were blocked, the Fire Department might not be able to
get to the site. Also, about once a year, Amtrak caught on fire, stopped, and blocked the tracks.
If the fire were on the west side of the railroad tracks they could fight it, but on the east side
they could not. A second crossing mayor may not help, depending on the length of the train
blocking the crossing. With regard to truck traffic, Mr, Blehar could accept it if it were on N.W.
1st Avenue, which already had commercial on one side and parking from the doughnut facility.
It did affect one side of residential, but they were looking at it already. It would still affect the
individual who spoke during Public Audience, but at least the number of houses affected, even
if it were just box trucks or large vans, would be minimized, He could see truck traffic routed
along N.W. 1st Avenue, but any other route would bother him due to having houses on both
sides of the street. He realized the project met zoning but believed it was inherently unsafe due
to the fire protection issue.
Mr. Cwynar asked Mr. Farnell if the proposed buildings had a sprinkler system, and Mr. Farnell
responded all three buildings were fully sprinklered. Mr. Cwynar thought sprinklers were 96%
effective at putting fires out before the Fire Department got there so in his mind, that problem
was solved. Mr. Farnell responded the largest building size would be 59,327 sq. ft. The central
building would be 43,122 sq. ft. and the smallest building to the south would be 31,462 sq. ft.
Mr. Johnson made further comments on the proposed uses, the site, and the M-1 zoning district
in general. The City had a number of properties that were zoned M-l. An M-1 zoning study was
underway and it might eventually call for a limitation on the kinds of uses for this type of site,
but currently, the project fit the zoning district requirements, He believed that having truck
travel go through a residential area was unfortunate, and that was why the developer and the
City took pains to choose the best truck route. During project review, staff stressed the concern
of truck traffic going through a residential neighborhood and the developer's response was that
they would not sell the units to users that would require the large tractor-trailers. However,
there was nothing in writing in the Code that would restrict tractor-trailers.
Vice Chair Hay knew the project was within legal bounds, but was also concerned about the one
means of ingress and egress and favored an additional railroad crossing.
Attorney Tolces advised the City currently had zoning in place. There were uses that were
currently permitted in that area and businesses had been operating for years there with the one
railroad crossing. He did not believe the issue was necessarily germane to this site plan.
6
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
September 26, 2006
Vice Chair Hay asked Attorney Tolces if they could add the stipulation about the railroad
crossing to the conditions of approval. Attorney Tolces did not know because the railroad was
operated by a private company and he did not know what jurisdiction the City would have over
mandating that somebody enter into an agreement with the CSX Railroad to get a crossing
when that property had been operated for many years with only one crossing. They could ask
for it, but he did not know if it was something the City could require, legally.
Mr. Cwynar commented the property did not go down as far as Home Depot and was still
behind the residential area. Mr. Farnell noted they had tried to come up with a solution because
they would much prefer having two means of ingress and egress to the project. They had the
additional problem that the CSX Railroad would only allow intersections at certain intervals. As
they understood it, they could only be within a certain distance and they were not within that
distance to get over to their property on the other end. Also, it would cut across another piece
of private property over which they had no control. Their hands were tied.
Attorney Tolces pointed out they had to look at the comments City staff had provided as to the
specific impacts associated with the development with respect to fire or traffic and if it was
documented there were associated impacts, they would have the justification they needed to
require the extra crossing.
Mr. Johnson noted when the property to the south was redeveloped, there could be some kind
of cross-access agreement for the two properties. Mr. Famell would be happy to have the
additional access if they could get it. They would have to look at it from a design standpoint,
but the way they ran the parking lot out on that end of the property, it would not be at all
problematic for them to allow for a connection from their neighbor to the south. If they could
continue on with the roadway or allow them to adjoin from the south eventually, they would be
amenable to leaving that open as a prospect, since that would probably help all the properties.
Matt Barnes, Alternate Board Member, commented about the west side of the fac;ade, saying
staff had made recommendations to vary the height of the west fac;ade, which was a great
idea. He thought it had to be taken one step further. The materials on the east fac;ade looked
great from 1-95 but would not look so great to the residents. If some of the materials used on
the east side were incorporated on the west, it would help improve the appearance of the
property. Ms. Jaskiewicz concurred.
Mr. Casaine addressed the additional railroad crossing or the moving of the crossing. He did
not necessarily look at it from a legal point of view, but believed when a developer was
interested in occupying land, regardless of the use, and residents were already located there,
that there was a marriage, a partnership between the developer and the City as far as that
interest was concerned. It was not a legal issue. It was a marketing or political issue. All of a
sudden these residents were going to have more truck traffic than what they were accustomed
to previously and they were concerned about it. If the concern was genuine, in the sense that
further study showed a crossing should be considered, then it was something the developer and
the City should discuss. He did not know where it would go, but it was something they should
consider. Maybe they would share the cost. He did not know. If they did not legally have a
right to force the developer into building another crossing, perhaps the City should do it since
the City allowed the project to be constructed. He believed there were considerations that went
beyond the project they were considering. If the residents were affected by the results of this
project, they had a responsibility to address it. He was not saying they would force anybody to
7
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
September 26, 2006
do anything. He was saying they should try to reach a happy medium where they could say
they had considered the safety and the quality of life of the people living in the area that would
be affected. It would probably be affected in a positive way as well.
Ms, Jaskiewicz asked Attorney Toices if they could add a recommendation to the conditions of
approval to pursue the additional crossing? Attorney Toices stated they could add the
recommendation, His concern was that in light of the discussion about the crossing, it was not
connected at all to this property, It may be a recommendation that the City look into creating it
as opposed to imposing that requirement on the developer. Ms. Jaskiewicz believed it would
primarily affect the industrial site to the south, but still, in combination with this, the City could
start pursuing the possibility of constructing the additional railroad crossing,
Motion
Mr, Cwynar moved to approve the request for new site plan approval to construct 133,911
square feet of office/warehouse on a 6,77-acre parcel in the M-l industrial zoning district,
contingent upon all staff conditions and comments, Vice Chair Hay seconded the motion.
Ms. Jaskiewicz asked Mr. Cwynar to consider adding an amendment to the motion, a
recommendation to pursue closure of the existing crossing and moving it to behind the Home
Depot area to accommodate that industrial site at the same time.
Mr. Cwynar responded he would consider it but in this instance, the property under
development did not reach down as far as the Home Depot and, therefore, that connection
could not be made. He would not allow the amendment.
Attorney Tolces advised Ms. Jaskiewicz could ask for a motion to amend the motion to provide
for that recommendation,
Mr. Saberson's understanding was that this would not be a condition of approval on the
developer, but a recommendation to the City Commission.
Motion
Mr. Saberson made a substitute motion to approve the project subject to all staff comments
and staff recommendations, subject to the amendment that was just suggested by Ms.
Jaskiewicz, Ms, Jaskiewicz seconded the motion.
Attorney Tolces said there was the original motion that had been made and seconded. Now
they had a motion to amend that motion, made by Mr. Saberson, seconded by Ms, Jaskiewicz,
to provide for the attachment of a recommendation that the City look into providing that
additional crossing to the south at some point in time, not necessarily associated with this
specific project. The motion to amend, which was currently on the floor, should be voted on
prior to consideration of the main motion,
Mr. Cwynar did not see how that motion could stand, since this property did not even come
close to the Home Depot. Vice Chair Hay responded it was only a recommendation to look into
it, not make it a condition of approval. It was a recommendation to say, "If at all possible, do
it." Mr. Saberson indicated this was correct and Ms. Jaskiewicz concurred also,
8
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
September 26,2006
Mr. Farnell stated if the amendment were specifically to close the crossing, the property to the
north of them would be landlocked. Attorney Tolces advised the motion had not been correct
in that regard. It was to look into creating a second crossing to the south by the Home Depot
facility .
The amended motion passed 5-1, Mr. Cwynar dissenting.
Attorney Tolces declared they now had the original motion as amended, The motion currently
on the floor was the motion to approve staff's recommendation to approve the site plan with all
staff comments plus a recommendation to the City Commission that they look into providing for
a second railroad crossing near the Home Depot site at some point in the future, but that it was
not specifically a condition of approval for this project.
The motion passed 5-1, Mr. Blehar dissenting.
Ms. Jaskiewia hoped the developer would also consider the comments made previously by Mr.
Barnes and Mr. Blehar.
Mr. Blehar announced he would not be able to attend the next meeting due to a trip that had
been arranged for a long time.
B. Code Review
1.
Project:
Agent:
Description:
Mixed Use Zoning Districts 9DRV 06-002)
City-initiated
Request for approval of proposed amendments to
Chapter 2, Zoning, Section 6,F Mixed Use Zoning
Districts for conversion of Mixed Use-low (MU-L) to
Mixed Use-Low 1 (MU-Ll), amendment of Mixed
Use-High (MU-H), and establishment of the Mixed
Use-Low 2 (MU-L2) and Mixed Use-Low 3 (MU-L3)
zoning districts.
Motion
Vice Chair Hay moved to table Item VII-B to the October 24 meeting. Mr. Cwynar seconded the
motion that passed 6-0.
VIII. Other
None
IX. Comments by Members
None
X. Adjournment
Since there was no further business before the board, the meeting was duly adjourned at 7:30
p.m.
9
Meeting Minutes
Regular City Commission
Boynton Beach, FL
October 17, 2006
VI.B.l. Regular City Commission Meeting - October 3,2006
Commissioner McCray commended the City Clerk and staff for the minutes prepared with only a
1 % correction rate for not only the Commission, but also the advisory boards.
Motion
Commissioner McCray moved to approve item Vr.B.l. Commissioner Ferguson seconded the
motion, The motion passed unanimously.
vr.r. Approve the reclassification of Code Compliance positions by one Pay Grade
resulting in a fiscal impact to the City of $22,000. (Proposed Resolution No.
R06-181)
Commissioner McCray thanked the staff for their efforts in accumulating the necessary
information on Code Compliance salaries.
Motion
Commissioner McCray moved to approve item Vr.r. Commissioner Ferguson seconded the
motion. The motion passed unanimously.
VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
THE CITY COMMISSION WILL CONDUCT THESE PUBUC HEARINGS IN ITS DUAL CAPACITY AS LOCAL
PLANNING AGENCY AND CITY COMMISSION
A
B
to'? ,
~ d'
~~il~".
At-If. CY~.J~
"ill ",0
"fl
Project:
Agent:
Owner:
Location:
Description:
Project:
Agent:
Owners:
Location:
Description:
Peninsula (SPTE 06-007)
Tom Yianilos
Waterbrook Development, LLC
2649 North Federal Highway
Request for a six month Site Plan Time Extension for site plan
approval granted on July 5, 2005, to extend site plan approval
from July 5, 2006 to January 5, 2007. (Tabled to November 21,
2006)
Ocean 95 Exchange Plaza (NWSP 06-020)
Crockett Farnell
Boynton Industrial, LLC
514, 516, 518 West Ocean Avenue
Request new site plan approval to construct 133,911 square feet
of office/warehouse on a 6.77-acre parcel in the M-l Industrial
zoning district,
Attorney Cherof administered an oath to all those intending to testify and explained the
procedure to be followed.
7
Meeting Minutes
Regular City Commission
Boynton Beach, FL
October 17,2006
Eric Johnson, Planner, reviewed the project and the specific request for new site plan for three
buildings. The cell tower and billboard currently on the site would remain. The project had only
one point of ingress and egress. It met all the concurrency requirements and there was
sufficient water, sewer capacity and police and fire services available for the completed project.
The applicant agreed with all the conditions of approval. Staff recommended approval of the
industrial project. The only shortcoming for the site was truck access would be through a
residential community, Three altemative routes had been submitted to the Commission for
approval. The viability of all three routes was discussed.
Commissioner Ensler asked what authority there was for restricting truck traffic on all other
residential streets other than the designated truck route. Attorney Cherof advised the City
could designate other streets as non-truck routes. A designated truck route would allow any
trucks going to the property.
Jeff Livergood, Director of Public Works and Engineering, explained the potential need to
balance right-of-way widths and other impediments. Any roadway could be constructed to
carry truck traffic. Ocean Drive has the widest right-of-way and can safely accommodate
pedestrian sidewalks at a safe distance. Hibiscus Park was a concem; however, entrance down
Ocean Drive from 8th was the best of the choices. The truck route would be designated with
signs and weight restrictions would be enforced on alternate streets to discourage truck use.
Mr. Livergood had determined a railroad crossing further south would not be feasible.
Crockett Farnell, agent for the applicant, noted the site was unique and not geared to
handle large semi-trucks because loading docks were not available nor was a tum-around area.
The businesses using the project would most likely use large box type trucks and local delivery
service. The prior use included very large trucks with extremely heavy loads. The new use
would be a significant improvement. Mr. Farnell stressed the project was not a warehouse, but
envisioned small business owners. There would not be a great deal of manufacturing due to the
logistics for stocking supplies and retail would prohibit heavy product shipping. It would be
impossible to have any type of back end loading. The parcel to the immediate south has the
same owner but is essentially landlocked being only 30 feet wide at the north end and a pie
shape. Mr. Farnell noted once the truck route is designated the developer would work with the
City regarding the playground and any requirements to ensure the safety of the residents. The
applicant agreed with all the conditions of approval.
Mayor Taylor opened the issue for public hearing.
Shirley Jaskiewicz, 1917 SW 13th Avenue, expressed concem with the truck route as a
resident of the Leisureville development. She acknowledged the project would be a beautiful
addition to the area. She felt an entrance and crossing to the south would be a better route as
it would not involve any residential areas.
Mayor Taylor noted staff had investigated access through the southern end and had determined
the property to the south would not accommodate a road and the railroad would not permit the
crossing.
Sergio Casaine, 13 Meadows Park Lane, advised the Planning and Development Board had
discussed the traffic issue. The project would enhance the area and had been approved by the
8
Meeting Minutes
Regular City Commission
Boynton Beach, FL
October 17, 2006
board. There were many unknowns still outstanding such as the type of businesses to be
established and the size of the trucks using the facilities, plus the need to reconstruct certain
roads. He cautioned the City needed to be prepared to deal with necessary constraints.
Herb Suss, Quail Run, questioned who would be responsible for the road improvements that
would be required. Mayor Taylor explained the developer would normally be responsible for the
infrastructure. Mr. Livergood noted there was a condition of approval that addressed the issue.
No one else coming forward, Mayor Taylor closed the public hearing.
Motion
Commissioner Ferguson moved to approve item VIII.B. Commissioner McCray seconded the
motion.
Discussion
Commissioner Ensler needed further information relating to the restrictions on routes other than
the designated truck route. Mr. Livergood explained weight restrictions would be placed on all
other routes, once the designated route was established. Mayor Taylor declared there was
consensus of the Commission that route 1a would be the designated truck route.
Vote
The motion to approve passed unanimously.
IX. CITY MANAGER'S REPORT:
A. Discussion of implementation of Utilities Department Water Supply Improvement
Projects
Mr. Bressner outlined the alternatives for the project based on the Brown and Caldwell report.
Option A involved construction and use of the Floridan wells, construction of the interconnect
between the two plants and commitment to the County for 5M gallons of water per day for a
cost of $78M. The second option would include not going forward with the Floridan wells,
constructing the interconnect and the purchase of 5M gallons of water from the County only
until 2013 for a cost of $60.5M. The third option involved proceeding with the capital
improvement plans of converting the West Plant to Floridan wells, construction of interconnect
and purchasing 5M gallons day of water a day from the County until 2013 for a cost of $66M.
The last option is the same as the third with the exception the contract with the County would
be allowed to expire in 2010 and not pay any capitalized costs. This option would cost $63M.
Mr. Bressner advised staff recommended the third option. In the event the population
projections were altered or circumstances changed, the contract with the County could be
reopened in 2010. It would provide water from three sources and would be the safest option.
Commissioner McCray requested clarification on the fund balances and available monies. Mr.
Bressner noted the current fund balance for construction is $48.8M for all capital projects. It is
projected in the current fiscal year $2.7M will be collected from fees charged to developers for
capacity in the system and access to water and sewer. Interest earned on the monies would
amount to $l.4M. The expenses have been projected at $26.5M for construction leaving
9