Agenda 03-20-07
The City of
Boynton Be ch
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
REVISED AGENDA
March 20, 2007
Jerry Taylor
Mayor - At Large
Janet M. Prainito
City Clerk
Ron Weiland
Commissioner - District I
Mack McCray
Commissioner - District II
Jose Rodriguez
Commissioner - District III
Carl McKoy
Commissioner - 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 Sa. PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
. Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
. Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item.
City Commission meetings are business meetings and, as such, the Commission retains the right to limit
discussion on an issue.
. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
. Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission.
. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded.
.
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
REVISED AGENDA
March 20, 2007
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Father William Stomski, St. Joseph's Episcopal Church
C. Pledge of Allegiance to the Flag led by Commissioner Carl McKoy
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMMUNITY Sa. SPECIAL EVENTS Sa. PRESENTATIONS
A. Announcements:
None
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
None
2. Presentation by Boynton Beach High School Principal, Kathleen Perry
regarding recent activities at the school.
3. Accept the Presentation of The Mayors' Literacy Initiative Award from the Palm
Beach Literacy Coalition at the annual Love of Literacy Luncheon on March 16,
2007
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>
Agenda
Regular City Commission
Boynton Beach, FL
March 20, 2007
v. ADMINISTRATIVE:
A. Appoint Chair and Vice Chair of the Community Redevelopment Agency Board.
B. Appointments
Appointment
To Be Made
Length of Term
Board Expiration Date
Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07
Cemetery Board Alt 1 yr term to 4/07 Tabled (3)
Code Compliance Board Alt 1 yr term to 4/07
Community Relations Board Alt 1 yr term to 4/07
Community Relations Board Reg 3 yr term to 4/08 Tabled (2)
Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (3)
Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (3)
Education and Youth Advisory Board Reg 2 yr term to 4/07 Tabled (2)
Library Board Alt 1 yr term to 4/07 Tabled (3)
Library Board Alt 1 yr term to 4/07
Recreation & Parks Board Alt 1 yr term to 4/07
Recreation & Parks Board Reg 3 yr term to 4/08 Tabled (3)
Veterans Advisory Commission Reg 3 yr term to 4/07 Tabled (2)
IV McKoy
IV McKoy
III Rodriguez
III Rodriguez
II McCray
Mayor Taylor
I Weiland
II McCray
Mayor Taylor
I Weiland
I Weiland
Mayor Taylor
Weiland
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 - March 2, 2007
2. Regular City Commission - March 5, 2007
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2006-2007 Adopted Budget.
None
C. Resolutions
2
Agenda
Regular City Commission
Boynton Beach, FL
March 20, 2007
1. Proposed Resolution No. R07-032 RE: Approving and
authorizing execution of a Grants Network Master License and Service
Agreement with eCivis, Inc. for a total pro-rated cost of $13,173 through
October 31, 2007, plus $26,197 for the term November 1, 2007 through
October 31, 2008.
2. Proposed Resolution No. R07-033 RE: Approving and
authorizing execution of an agreement with the Sembler Company to
allow a temporary installation of traffic signal poles in a City easement on
the west side of Congress Avenue at the entrance to the Boynton Beach
Mall adjacent to Olive Garden Restaurant.
3. Proposed Resolution No. R07-034 RE: Approving and
authorizing Change Order #7 for the Library Expansion Project in the
credit amount of ($12,620). This includes additional costs in the amount
of $19,793 due to unforeseen needs and a credit balance from the
contractor to the City for deletion of the drive through window insert and
canopy top in the amount of ($32,413).
4. Proposed Resolution No. R07-035 RE: Approving and
authorizing execution of an agreement for professional planning services
between the City of Boynton Beach and Dick Hudson, for an annual
amount not to exceed $61,000.
5. Proposed Resolution No. R07-036 RE: Opposing
House Bill 529 known as the "Consumer Choice Act of 2007" (H529)
urging Florida legislative representatives to refrain from any form of
support or co-sponsorship of H529 and to vote in opposition to H529,
requesting Governor Crist to advise the House and Senate leadership that
he does not support H529 during the 2007 regular session.
D. Approve the request of Palm Beach County Division of Human Services to waive
the Opening & Closing Fees of $400 at Boynton Beach Memorial Park for Charles
McAlevey.
E. Authorize the execution of the Certification of Financial Responsibility for the
South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB)
Injection Well Application.
F. Authorize the use of $1,500 for Gulf Stream Council, Inc. Boy Scouts of America,
$2,000 for Community Caring Center and $1,000 for Galaxy Elementary School
Spring Carnival from Mayor Taylor's Community Investment Funds.
G. Authorize the use of $2,000 for the National Youth Association for Academics &
Athletics, Inc. from Commissioner McKoy's Community Investment Funds.
3
. Agenda
Regular City Commission
Boynton Beach, FL
March 20, 2007
H. Authorize the use of $3,000 for the Jayne E. Miller Nursing Scholarship Fund from
Commissioner Weiland's Community Investment Funds.
VII. CODE COMPLIANCE Sa. 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:
Owners:
Location:
Descri ption:
Jerry's Cigar Lounge (Paz Plaza) (COUS 07-001)
Jerry Pearson II
Jerry Pearson II
3301 West Boynton Beach Boulevard
Request for conditional use approval for a 1,200 square foot "cigar
lounge" in a commercial center located on the north side of
Boynton Beach Boulevard, approximately one-half mile west of
Congress Avenue in the C-3, Community Commercial zoning district.
The Estates at Heritage Club (fka BOYNTON DIXIE) (MPMD
07-002)
Jason Mankoff, Weiner & Aronson, P.A.
New Century Boynton One Development, LLLP
West of FEC Railroad on the north side of Gulfstream Boulevard
(The Estate at Heritage Club PUD, fka Boynton Dixie).
Request for master plan modification approval to The Estates at
Heritage Club PUD to reduce the approved number of fee-Simple
townhouse units from 82 townhouses to 25 townhouses and add 56
single-family zero lot line dwelling units (a net reduction of one
unit).
C. Workforce Housing Program amending the Land Development Regulations of the
Code of Ordinances, to create a new Article X., Workforce Housing Program,
providing for regulations and incentives to build workforce housing to ensure that
the City has sufficient workforce housing; providing for the ability to amend a land
use designation to Special High Density Residential, Mixed-Use or Mixed-Use Core
providing that workforce housing units are created pursuant to the terms of this
ordinance; providing a savings clause and a general repealer clause. (1st
Reading of Proposed Ordinance No. 07-007)
IX. CITY MANAGER'S REPORT:
A. Strategy Report Regarding latest Report on Crime Increases in Boynton Beach
4
Agenda
Regular City Commission
Boynton Beach, FL
March 20, 2007
B. Effect of Additional Homestead Exemption on the City
X. FUTURE AGENDA ITEMS:
A. Water, Sewer and Stormwater Rate Study Report (April, 2007)
B. Update of Recreation and Parks Strategic Plan (April, 2007)
C. Revision of Fire Codes (April 17, 2007)
XI. NEW BUSINESS:
A. Reconsideration of the Lobbying Ordinance
B. Appointment of Chair and Vice Chair of all Advisory Boards by Mayor and Vice
Mayor
C. Strategy of CRA land acquisition along Seacrest Boulevard and the purchase of the
Woman's Club
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
1. Proposed Ordinance No. 07-006 RE: Amending
Chapter 1.5, Article VI. Concurrency Requirements of Land Development
Regulations, to comply with new growth management legislation directing
local governments to adopt a methodology for assessing proportionate
fair-share contributions from developers to meet traffic concurrency
requirements for local roads.
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 07-002 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; providing
that the 30% of the 1% (.03) Public Art fee is collected by the Building
Department at time of Building Permit issuance and the 70% of the 1%
(.07) prior to and as a condition of issuance of the certificate of
occupancy which includes the Public Art. (Tabled to April 3, 2007)
C. Ordinances - 1st Reading
None
5
. Agenda
Regular City Commission
Boynton Beach, FL
March 20, 2007
D. Resolutions:
None
E. Other:
1. Retention of Mark Raymond of Holland & Knight as the City's Bond
Counselor retain a new attorney with the law firm Moyle, Flanigan, Katz,
Raymond, White & Krasker as the City's Bond Counsel and authorizing the
City Manager to sign a letter indicating the City Commission's decision
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAlTER CONSIDERED AT THIS
MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST lWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY
TO REASONABLY ACCOMMODATE YOUR REQUEST.
REVISED AGENDA - 3/20/2007 10:26 AM.
s:\CC\WP\CCAGENDA\AGENDAS\year 2007\032007 Final Draft.doc
6
:n.-ANNOUNCEMENTS & PRESENTATIONS
Item C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office
0 December 5, 2006 November 20,2006 (Noon,) D
0 January 2, 2007 December 18,2006 (Noon) D March 5, 2007 February 12,2007 (Noon)
D January 16,2007 January 2, 2007 (Noon) [Z] March 20, 2007 March 5, 2007 (Noon)
D February 13, 2007 January 22, 2007 D April 3, 2007 March 19, 2007 (Noon)
[Z] Announcements/Presentati ons D City Manager's Report
NATURE OF 0 Administrative D New Business
AGENDA ITEM 0 Consent Agenda D Legal
0 Code Compliance & Legal Settlements D Unfinished Business
0 Public Hearing D
RECOMMENDA TION:
Presentation by Boynton Beach High School Principal Kathleen Perry.
EXPLANA nON:
On January 25, 2007, Ms. Perry made a presentation to the Education & Youth Advisory Board regarding recent
activities at the school, including information on the new Aeronautical Science Academy, scheduled to open in
August 2007 at Boynton High. The Board desires that Ms. Perry deliver a similar presentation to the
Commission.
PROGRAM IMP ACT:
N/A
FISCAL IMP ACT: (Include Account Number where funds will come from)
N/A
AL TERNA TIVES:
N/A
awt~i
I '
ature
~,.
, ",p/~
ity Manager's Signature
Assistant to City Manager CjrK/
Recreation & Parks
Department Name
City Attorney I Finance
SIBULLETINIFORMS\AGENDA ITEM REQUEST FORM,DOC
({(
III.-ANNOUNCEMENTS &. PRESENTATIONS
Item C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18,2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon)
0 January 16, 2007 January 2,2007 (Noon) [8J March 20, 2007 March 5, 2007 (Noon)
0 February 13,2007 January 22,2007 0 April 3, 2007 March 19,2007 (Noon)
[8J Announcements/Presentations 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
RECOMMENDATION:
Accept the Presentation of The Mayors' Literacy Initiative Award from the Palm Beach Literacy Coalition at the annual Love
of Literacy Luncheon on March 16,2007.
EXPLANATION: Four city mayors, including Mayor Jerry Taylor, received awards for their involvement with the Literacy
Coalition for the steps they are taking in each of their municipalities to raise literacy to the top of the priority list.
PROGRAM IMPACT:
The workforce literacy program at the City of Boynton Beach coordinated by the Organizational and Professional
Development division started in 2001 when 27 employees volunteered to participate. In the last six year several students
have received their GED, some were accepted into Palm Beach Community College where they continue to excel, several
were promoted or moved on to more challenging positions with the city. The success of the program is seen in the
advancement of the students not only within the city but one or two have taken positions of responsibility with their local
community and religious associations. Participants promote the literacy program and the city's generosity in providing the
opportunity whenever and wherever they can. The city is proud to grant the time and provide the space and facilities to
promote the students' success that is evident as they work with their instructor Ruth Pelletier each week in the city's computer
lab.
FISCAL IMPACT: (Include Account Number where funds will come from)
The Annual Fund of $3,800 that falls under account # 001-1611-513-54-36 covers two classes per week each two hours long
that focus on basic reading, comprehension and writing skills and on English for speakers of other languages ESOL.
AL TERNA TIVES:
Not to accept the Presentation
1/J
Department Head's Signature
City Manager's Signature
Assistant to City Manager ~L
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
City Attorney / Finance
P.lm Beach County Cr..t..
Mayors. Literacy In itlativ.
To raise literacy to the top of the
priority list for local municipalities,
the Palm Beach County Literacy
Coalition has begun a Mayors'
Literacy Initiative. During the
summer months, the Coalition's
Executive Director, Darlene
Kostrub, met individually with
four mayors to talk with them
about literacy needs and concerns.
The mayors outlined many of the
educational programs in which
their cities are currently involved.
She shared with them a menu of
opportunities for additional ways
cities could support literacy for
adults, children, youth and families.
She invited the mayors to complete
the opportunity list and return it to
the Coalition to document the ways
their cities currently support literacy
as well as ways they want to move
fOlward. All four mayors completed
the document affirming their formal
support for literacy.
At a Ha/J OJ! /0 Iiterary appreciation
luncheon held in September on
International Literacy Day, the
four mayors spoke affirming their
cities' commitment to the Literacy
Initiative. Each highlighted the
unique ways his or her city is
-
Mayors Jerry Taylor, Tom Wenham and Jeff Perlman spoke about their
cities' literacy activities at the Ha/J OIr /0 Iitemf)' luncheon
involved. Jerry Taylor, mayor
of Boynton Beach, spoke about
tlle workplace literacy program his
city has operated in partnership
with the Literacy Coalition for the
past five years. Tom Wenham,
mayor of Wellington, discussed
his city's strong commitment to
elementary schools in his area. The
mayor of Delray Beach, Jeffrey
Perlman, talked about his mayor's
city-wide reading campaign, "Delray
Beach.. .Get Caught Reading," that
has generated much activity and
-
--
-
You Can Help Children Develop a love of Reading!
. Be a role model. Reading in front
of children shows you value reading
and sets a good example.
. Eneaee children in conversation
_and discuss books with them to help
develop their oral language & literacy
-skills.
. Model good reading skills in
community settings by reading
signs, notices or ads and encouraging
children to do the same.
enthusiasm. Lois Frankel, mayor
of West Palm Beach, gave a visual
presentation about a variety of \X1est
Palm Beach educational activities
and applauded her educational staff
member, Tyvi Small.
. Read and share books with
children to help them become life-
long learners. This attention lets
them know they are special and loved.
ISI e oca rar often with-
your children. Help them get their_
own library cards and choose thei...
ownb
r " '
V. ADMINISTRATIVE
ITEM B.
APPLICANTS ELIGIBLE FOR APPOINTMENT 03/20/07
LAST NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPUCATION
SUBMITTED
Aikens Willie L. Community Redev. 6/20/06
Aaencv Board
Buchanan James (Buck) Community Redev. 7/10/06
Aqencv Board
Burgess Alan Arts Commission 1/19/07
Hillery, Jr. Edward G. Planning and 11/15/06
Development Bd.
Wolf Halena Arts Commission 1/24/07
VI.-CONSENT AGENDA
ITEM A.1
MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING
HELD IN BOYNTON BEACH, CITY COMMISSION CHAMBERS
ON FRIDAY, MARCH 2, 2007 AT 9:00 A.M.
Present:
Jerry Taylor, Mayor
Jose Rodriguez, Vice Mayor
Ron Weiland, Commissioner
Mack McCray, Commissioner
Carl McKoy, Commissioner
Kurt Bressner, City Manager
David Tolces, Assistant City Attorney
Janet Prainito, City Clerk
Mayor Taylor called the meeting to order at 9:01 a.m.
CALL TO ORDER:
I.D.l. Additions, Deletions or Corrections
':t!'....}!
Vice Mayor Rodriguez requested two items be added to X. Future:Ag~pda Items.
1. A strategy report regarding thelatestreporyon crime irH:reases in Boynton Beach.
2. An ordinance to allow a new Commissiorer; ,appointed or elected, to remove any
board members that were appointed by his/her predecessor, within 30 days.
Commissioner Weiland requestedt~:Iadd an
discretionary funds for the followingclonations:
to VI. consent Agenda, for the use of his
'.'.........,.,
1. $3,QOO to theCorp~lJnity Caring enterf()r the specific purchase of food
2. $1,500to the Boynton Beach Symphony for their last concert of the year
3. $l,OOOtpt;~he Dancers I:'\lchemy, Inc.
With regard to the,rDanter~'~tlemy, IncJ)Commissioner Weiland would recuse himself from voting
because his daughter was am:e,rnber of the Dancers Alchemy team. The $1,000 would be used for
travel and accommodations for~c()mpetition in Orlando. The bus would be for the students and
teachers only;; Parents or famil~;,p~rn'lbers would in no way benefit from the donated monies. All
the particip~~t~live in BoyntqqBeach. The group does many funding raising events for
organizations aM groups withiri!the immediate area.
Mr. Bressner would;.verifyithat Dancers Alchemy, Inc. had received prior donations or met the
requirements of the Ordinance as a not-for-profit organization and other criteria. The findings
would be distributed to all Commission members.
VI.B.3.Approve a multi-award by manufacturer with primary, secondary, third and
some fourth place vendors, BID #026-1412-07/CJD - "ANNUAL CONTRACT FOR
AUTOMOTIVE AND SMALL TRUCK PARTS AND ACCESSORIES" to the lowest,
most responsive and responsible bidder. The estimated expenditure will be
$95,000.
Minutes
Agenda Preview Conference
Boynton Beach, FL
March 2, 2007
Commissioner McCray asked for last year's expenditure.
Bill Mummert, Director of Financial Services, reported $90,000 had been expended in the prior
fiscal year.
VI.B.4.Award the "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION
INHIBITORS", Bid #019-2821-07/JA, to Shannon Chemicals of Malvern,
Pennsylvania for an estimated annual expenditure of $45,000.
Commissioner McCray requested the previous year's expenditure should be stated for the record.
Mr. Mummert reported the 2005/2006 expenditure had be;n $2p,900.It'was explained Health
Department regulations required an additional 50% use ofthematerialper day. The requirement
doubled the cost, rather than the commodity cost.
VI.B.5.Award a "TWO-YEAR AGREEMENT FOR SUJP;PPlYAIWD INST~l:.llJ\TION OF.MlATER
SERVICE CONNECTIONS & RESTORATIONijm~p~li#o27-2821~'aVK~~:,~~;~~NE-TEC,
INC. of Boynton Beach, FL for an estimated CiI:" palua I expenditure of: $3,~,000.
Commissioner McCray inquired if the City of Boynton Beach cou'I(jI'Nithdraw from the two year
contract. Attorney Tocles advised the Legal D~p~nt:ment wouldasstIre a provision for 30 day
notice for cancellation would be included.
VI.C.1.Proposed Resolution No. R07-(J~1 RE:' Approving and authorizing
execution of a two-year service and,~pport ,,~~~ment with TelVue Virtual
Television Networks (TVl"~) to rem~tely orga.nize, update and maintain the
City's public access television statiomat no cost to the City. (Tabled to March 5,
2007)
Commissioner McQra,y asked Mr. Bressner if his concerns that required the tabling had been
resolved. Mr. Bressnerreplied his ~oncern was that an option to not participate in the program
:: " ....' , ,'.: '. ' ;.,:, ,~' '
because of advertisjngrev~nues not be'imgrealized would be included and it had been remedied.
VI.D. Appro~~the pUrC~~~e of updated computer and software to interface with
existing CrossMatch~~~OO Fingerprint scanner to allow for creation of digital
fingerPrints to submit> electronically to the Florida Department of Law
Enforcement.
Commissioner McCray voiseq his concern that the City of Boynton Beach was not in compliance at
this time. Chief MattIrnrnlel" assured the City was in compliance until January, 2008. The scanner
would enable compliance with the new Florida Department of Law Enforcement regulations and
process City applicants much faster and cheaper.
VI.E. Approve the "Surplus Vehicle List" as submitted by Pubic Works/Fleet
Maintenance and allow for the sale of same.
Commissioner McCray was glad to see the list included only one vehicle.
2
,,,,,,",,.".,,,,..,,,,,,,~~,~....-..,,,,_....~ 'I'I':r~r " ....~_~~.~;.!<;""-,....,,"',,"*.,""-
Minutes
Agenda Preview Conference
Boynton Beach, FL
March 2, 2007
VI.F. Approve the "Surplus Equipment List" as submitted by the Golf Course and allow
for the sale of same.
Commissioner McCray needed clarification on the life expectancy of the equipment listed. Scott
Wahlin, Golf Maintenance Manager, advised tractors could be 20 years, a greens mower 5 years,
trucksters 5 years. The information on the missing asset tag would be provided.
VI.H. Accept the City of Boynton Beach FY200S-2006 Annual Grants Report.
Debbie Majors, Grants Coordinator, noted the $55,965 Edward Byr\le Memorial JAG Grant had been
omitted. A cash match was not required. The correction would'9t:lRpge;t:l'letotal amount applied
for to $6,163,748 and the awarded amount to $2,743,577. '
Mr. Bressner commended the grants team that had been natipnally' reqpgnized for its grants
approach. T !
VI.J. Authorize Vice Mayor Jose Rodriguez to ,parti~ipate and serv~as the City
Commission's representative on the Youth Violen~~,prevention Project Steering
Committee. ,i'
Commissioner McCray applauded Vice MayorRoqHi9de~;fdh;agreeingtql~qcept the responsibility as
a new member of the Commission so his p~rtticipation ,wquleJ,pelong term!)
~. c " , ..- : r:i j ! l .'. " '-.," , :;;:.:;
XI.A. Landfill Study Update
; ',. -.,
".,','.: :. .--.;:"
Joe MacGarrety, Florida Depa~rrient of En~itonmen1Ali'protection representative, gave
an overview of "the site sP~cm~F:activity of th~mRrIdagrant program and other background
information. Targ~ted brown!'fi~ld assessment assi$tance had been applied for to investigate
possible redevelopmellt plans toiInclude an environmental assessment and a feasibility study. The
project budget was$lQO,OOO to assist the City with the environmental assessment. The work
would be done in accordanse with theFlo/rida Brown field Cleanup criteria. A tentative schedule
targeted implementationjn;;~pril or May with a report prepared in June or July. A contact at the
City to coordinCite the w()r~. would be" needed along with clarification of the portions to be
subdivided an8!changed, plus tn~l?pundaries of the study. Mr. MacGarrety stressed the funds are
seed money to provide assistan~~wit:pin their limited budget.
Mayor Taylor U\lder~tood the~;rh,yironmental study would be done to investigate the pOSSible use of
the land prior toithe<~Ol2:i~paptive reuse date. Mr. MacGarrety did not think the study would
provide a recommendationvvhether or not you could reuse the landfill property for the proposed
golf course expansion. The study would reveal environmental conditions that would need to be
addressed as part of a future use if the closure requirements and Department of Environmental
Protection (DEP) criteria were followed. It would be very feasible to move the golf course to the
landfill. Using the golf course area for residential use would involve more protected cleanup. Mr.
MacGarrety cautioned there would be extensive work involved to move a portion of the golf course
onto the landfill.
Mayor Taylor wanted assurance if the cost exceeded the $100,000 it would be brought back before
the Commission. Mr. Bressner agreed. Mr. MacGarrety indicated the feasibility study would only
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Minutes
Agenda Preview Conference
Boynton Beach, FL
March 2, 2007
be undertaken if there were monies available and there would be environmental conditions that
should be addressed. The feasibility study would provide cleanup options and estimated costs
associated with those options. There are many risk-based cleanup options including removal of
contaminated soil, engineering controls, institutional controls, land use controls or deed
restrictions.
Vice Mayor Rodriguez left the meeting at 9:34 a.m. for other commitments.
X.B. Water, Sewer and Stormwater Rate Study Report (March 20, 2007)
Mr. Bressner reported the report should be moved to April, 2007;,to acc@mmodate further staff
review.
There being no further mattes to come before the Comrnission, Mayor Tayldr properly adjourned
the meeting at 9:37 a.m.
CITY Of; BOYNTON BEACH
Mayor - Jerry Taylor
Vice Mayor-')ose Rodriguez
ATIEST:
Commissioner - Ron Weiland
Janet M. Prainito
City Clerk
Commissioner - Mack McCray
Commissioner - Carl McKoy
Judith A. Pyle
Deputy City Clerk
(030307)
4
VII-CONSENT AGENDA
ITEM AI2
MINUTES OF THE CITY COMMISSION MEETING HELD IN I MI:
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON MONDAY, MARCH 5, 2007 AT 6:30 P.M.
Present:
Jerry Taylor, Mayor
Jose Rodriguez, Vice Mayor
Ron Weiland, Commissioner
Mack McCray, Commissioner
Carl McKoy, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Rev. Greg Fitch - Police Chaplain
C. Pledge of Allegiance to the Flag led by Vice Mayor Jose Rodriguez
Mayor Taylor called the meeting to order at 6:30 p.m. Rev. Greg Fitch, Police Chaplain, gave
the invocation and Vice Mayor Jose Rodriguez led the Pledge of Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Commissioner McKoy advised he had spoken with the Legal Department regarding an honest
service statute and suggested it be added under XII. Legal, E. Other, 1.
2. Adoption
Motion
Commissioner McCray moved to approve the agenda as amended. Vice Mayor Rodriguez
seconded the motion. The motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Weiland recalled a suggestion for naming the proposed Boundless Park in
memory of former Vice Mayor Bob Ensler and wanted to move forward. Mayor Taylor advised a
process for naming any City facility had been created and the prescribed process would need to
be followed. However, the naming of the Park could be contingent on private funding. Mayor
Taylor did favor having Vice Mayor Ensler remembered in some way at the Park.
Commissioner McCray was also in favor of having some portion of the Park named in Vice
Mayor Ensler's memory.
Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 5, 2007
Commissioner McKoy supported the proposition also.
Vice Mayor Rodriguez concurred with the suggestions. He also commented on the Heritage
Celebration that it was well organized and an excellent event. He congratulated staff on the
achievement and thanked everyone for their efforts.
Commissioner McCray gave kudos to all those who worked on the Heritage Celebration; but,
asked that next year's event remain within the authorized budget.
Commissioner McKoy thanked staff and all the volunteers who helped to make the Heritage
Celebration a very successful event. The events were attended by a cross section of residents
from throughout the City and by far the best Heritage Festival so far.
Mayor Taylor commended the Police Department and the specific officers involved in shutting
down the two massage parlors involved with prostitution. He appreciated their proactive
approach.
III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcements:
None
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
a. Community Caring Center of Boynton Beach Week - March 18-24,
2007
Mayor Taylor read the Proclamation and presented it to Sherry Johnson, Executive Director of
the Boynton Beach Community Caring Center, designating March 18 - 24, 2007, as Community
Caring Center Week. He announced in November, 2007 the Boynton Beach Community Center
would be celebrating its 20th year of service to the community.
2. Presentation by Sherry Johnson, Executive Director of the Community
Caring Center, entitled "Creating a Healthier Community" Initiative.
Ms. Johnson pointed out a Hunger Walk would be held on March 18, 2007 to raise funds for the
Caring Center. She reviewed the possible economic impact on the community when people do
not eat right and have limited access to an opportunity structure to access affordable and
nutritious food. Social services and economic development are meshed tightly together. The
Community Caring Center focuses on the 1800 families within the Heart of Boynton area
providing bus passes, nutritional assistance, financial aid, training and, most of all, hope. A
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 5, 2007
multi-level approach is needed including public and private support. Ms. Johnson asked for
support in establishing a not-for-profit grocery store to create awareness, educate the public,
involve the faith community and create a business incubator for entrepreneurs in the food
industry. The Community Caring Center has established a steering committee to help establish
funding for new grocery incubators in minority communities. Either grant dollars, land or in-kind
contributions will be needed from the City of Boynton Beach as an entitlement City. Ms.
Johnson requested support for a healthier community initiative so all can prosper and have
incentives to make life changes.
Commissioner McCray supported any program that would assist citizens off of Section 8 aid and
urged the Commission to include the item on the State agenda for Palm Beach County Days in
Tallahassee.
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)
Herb Suss, a resident of Quail Run, thanked the Commission for their support of memorializing
Vice Mayor Ensler's name within the Boundless Park project. Mr. Suss also thanked Mayor
Taylor, the City Manager, City Clerk and Commissioner McKoy for their personal support during
a difficult period in his life.
Myra Jones, 311 NW 4th Avenue, accompanied by Regenia Scott, Neighborhood Services
Manager, thanked the City, CRA and all the staff for the Heritage Celebration. She read a letter
on behalf of the Heart of Boynton Communities, thanking the City Manager for his extra efforts
and continued commitment to the City during the Heritage Celebration. Ms. Jones distributed
copies of the F/orida Heritage Trai/ books to each of the Commission members. She also
thanked Commissioner McKoy for his encouragement to establish a Black film festival on a
quarterly schedule.
Mayor Taylor closed the public audience since no one else came forward.
V. ADMINISTRATIVE:
A. Appointments
Appointment
To Be Made
Board
Length of Term
Expiration Date
III Rodriguez
IV McKoy
II McCray
I Weiland
II McCray
Bldg. Bd of Adj & Appeals
Alt
1 yr term to 4/07 Tabled (3)
Code Compliance Board
Alt
1 yr term to 4/07 Tabled (2)
1 yr term to 4/07 Tabled (3)
1 yr term to 4/07 Tabled (3)
3 yr term to 4/08
Cemetery Board
Alt
Community Relations Board
Community Relations Board
Alt
Reg
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Meeting Minutes
Regular City Commission
Boynton Beach, FL March 5, 2007
Mayor Taylor Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (2)
I Weiland Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (2)
II McCray Education and Youth Advisory Board Reg 2 yr term to 4/07
Mayor Taylor Library Board Alt 1 yr term to 4/07 Tabled (2)
IV McKoy Library Board Alt 1 yr term to 4/07 Tabled (3)
IV McKoy Recreation & Parks Board Alt 1 yr term to 4/07 Tabled (3)
Mayor Taylor Recreation & Parks Board Reg 3 yr term to 4/08 Tabled (2)
Mayor Taylor Senior Advisory Board Reg 2 yr term to 4/07 Tabled (2)
Weiland Veterans Advisory Commission Reg 3 yr term to 4/07
Vice Mayor Rodriguez, Commissioners Weiland, McCray and McKoy requested to table all their
appointments.
Mayor Taylor appointed Susan Collins to the Senior Advisory Board.
Motion
Commissioner McCray moved to approve the appointment of Susan Collins. Vice Mayor
Rodriguez seconded the motion. The motion passed unanimously.
Motion
Commissioner McCray moved to table all other appointments. Commissioner McKoy seconded
the motion. The motion passed unanimously.
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. CommissionjCRA Workshop -- Affordable Housing - January 30, 2007
2. Agenda Preview Conference -- February 9, 2007
3. Regular City Commission -- February 13, 2007
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2006-2007 Adopted Budget.
1. Approve the emergency repair work performed by Chaz Equipment
Engineering Contractor of Wellington, FL in the amount of $23,108.75 to
repair and rehabilitate a wet well at Lift Station #516 which was sinking;
4
.,.;,=...~~~,,,,-;;._,,.,...,',,*,,,,,,,,~,...,,,,~:,,,~.....-.,.
Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 5, 2007
and Uretek ICR LLC of Lakeland, FL in the amount of $18,385.50 for soil
stabilization work at the site, for a total of $41,494.25.
2. Approve the negotiation of a contract with APPLIED TECHNOLOGIES &
MANAGEMENT, Inc. of West Palm Beach, FL., RFQ# 021-121O-07/0D
"FACT FINDING AND EVALUATION STUDY OF THE SOUTH LAKE WORTH
(BOYNTON) INLET.
3. Approve a multi-award by manufacturer with primary, secondary, third
and some fourth place vendors, BID #026-1412-07/0D - "ANNUAL
CONTRACT FOR AUTOMOTIVE AND SMALL TRUCK PARTS AND
ACCESSORIES" to the lowest, most responsive and responsible bidder.
The estimated expenditure will be $95,000.
4. Award the "ANNUAL SUPPLY OF POL YPHOSPHATE 1YPE CORROSION
INHIBITORS", Bid #019-2821-07/JA, to Shannon Chemicals of Malvern,
Pennsylvania for an estimated annual expenditure of $45,000.
5. Award a "TWO-YEAR AGREEMENT FOR SUPPPLY AND INSTALLATION OF
WATER SERVICE CONNECTIONS & RESTORATION", Bid #027-2821-
07/JA to LINE-TEC, INC. of Boynton Beach, FL for an estimated annual
expenditure of $350,000.
C. Resolutions
1. Proposed Resolution No. R07-021 RE: Approving and
authorizing execution of a two-year service and support agreement with
TelVue Virtual Television Networks (TVTN) to remotely organize, update
and maintain the City's public access television station at no cost to the
City. (Tabled to March 5, 2007)
Commission McCray pulled Item VLC.1. for discussion.
2. Proposed Resolution No. R07-030 RE: Approving and
supporting the Community Redevelopment Agency's application to the
Waterfronts Florida Partnership for the Boynton Beach marina to be
designated as a "Waterfronts Florida" Community.
3. Proposed Resolution No. R07-031 RE: Approving and
authorizing execution of an Agreement for Water Service Outside of the
City Limits with Turtle Cove LLC for a 3.04 acre parcel of land located in
the utilities service area, approximately 1,000 feet west of Military Trail
along Hypoluxo Road.
D. Approve the purchase of updated computer and software to interface with
existing CrossMatch ID500 Fingerprint scanner to allow for creation of digital
fingerprints to submit electronically to the Florida Department of Law
Enforcement.
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 5, 2007
E. Approve the "Surplus Vehicle List" as submitted by Pubic Works/Fleet
Maintenance and allow for the sale of same.
F. Approve the "Surplus Equipment List" as submitted by the Golf Course and allow
for the sale of same.
G. Approve the "VISTABELLA AT RENAISSANCE COMMONS REPLAT 1", a PUD
Record Plat, conditioned on the approval being the certification of the plat
documents by H. David Kelley, Jr. (City Engineer and Surveyor and Mapper).
H. Accept the City of Boynton Beach FY2005-2006 Annual Grants Report.
I. Assign City's interest in the Marina Village 2nd Amended Mediation Agreement to
the CRA.
J. Authorize Vice Mayor Jose Rodriguez to participate and serve as the City
Commission's representative on the Youth Violence Prevention Project Steering
Committee.
K. Authorize the use of $1,500 for Boynton Beach Symphony Orchestra, $3,000 for
Community Caring Center and $1,000 for Dancer's Alchemy from Commissioner
Weiland's Community Investment Funds.
Commissioner McCray pulled Item VI.K. for discussion.
Motion
Commissioner McKoy moved to approve the consent agenda items with the exception of Items
VI.c.1. and VI.K. Commissioner McCray seconded the motion. The motion passed
unanimously.
VI. c.1.
Proposed Resolution No. R07-021 RE: Approving and
authorizing execution of a two-year service and support agreement with TelVue
Virtual Television Networks (TVTN) to remotely organize, update and maintain the
City's public access television station at no cost to the City. (Tabled to March 5,
2007)
Motion
Commissioner McCray moved to remove Item VI.c.1. from the table for the City Manager's
comments, if any. Mr. Bressner had no comments. Commissioner McKoy seconded the motion.
The motion passed unanimously.
Motion
Commissioner McCray moved to approve Item VI.c.1. Commissioner McKoy seconded the
motion. The motion passed unanimously.
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 5, 2007
VI. K. Authorize the use of $1,500 for Boynton Beach Symphony Orchestra, $3,000 for
Community Caring Center and $1,000 for Dancer's Alchemy from Commissioner
Weiland's Community Investment Funds.
Commissioner McCray reported the necessary criteria had been met by the Dancer's Alchemy.
Motion
Commissioner McCray moved that Item VI.K. be approved. Commissioner McKoy seconded the
motion for discussion.
Commissioner McKoy acknowledged he supported the funding for all the organizations working
with the youth, arts and needy. His concern related to compliance with the State regulations
and the uniform scrutiny of the requirements for all organizations to receive solicitation funds.
Attorney Cherof advised the use of the Community Investment Funds constitutes grants of
funds by the City. They would be exempt from registering with the Department of Agriculture
to solicit funds. The requests for funds from the Commission would not constitute solicitation.
Vote
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 publiC hearings in its dual capacity as Local
Planning Agency and City Commission.
A. Public Hearing to approve the Proportionate Fair-Share Mitigation Program
(CDRV 07-001) - (1st Reading of Proposed Ordinance No. 07-006) Re:
Amending Chapter 1.5, Article VI. Concurrency Requirements of Land
Development Regulations, to comply with new growth management legislation
directing local governments to adopt a methodology for assessing proportionate
fair-share contributions from developers to meet traffic concurrency requirements
for local roads.
Attorney Cherof read Proposed Ordinance No. 07-006 by title only.
Hanna Matras, Economic Planner, explained the request was mandated by the State based on
2005 legislation that all levels of government have this particular ordinance. The ordinance
establishes the methodology for calculating contributions from developers towards facilities that
are impacted by projects in case traffic concurrency conditions are not met. At this point there
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 5, 2007
would be no impact on the City because there are no projects for local roads in the five-year
capital improvements. Staff recommended approval of the program.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Commissioner McCray moved to approve Item VIlLA. Vice Mayor Rodriguez seconded the
motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
IX. CITY MANAGER'S REPORT:
A. Feasibility of Saturday hours for the Building Division
Nancy Byrne, Assistant Development Director, reported the results of the survey sent to the
water service utility base to ascertain the need for Saturday business hours to pull owner-
builder permits. Only 3.8% of the survey base had responded resulting in approximately 600
owners would take advantage of Saturday hours. Staffs opinion was there was not a high
enough demand for Saturday business hours to be economically feasible. The survey did reveal
a spike in owner-builder permits occurs when insurance checks are distributed following a
disaster and not immediately after an emergency event. A proposed alternative would be a
plan to increase hours as part of disaster relief only, based on need, as an administrative policy.
Various thresholds were discussed that would necessitate initiation of Saturday hours. Mr.
Bressner advised the funding would be included in the budget process also to compensate for
overtime pay.
Mayor Taylor declared there was consensus that operations remain as is and review the
alternatives if a particular event occurred.
XI. NEW BUSINESS:
A. Landfill Study Update
Mayor Taylor indicated a presentation had been made at the preagenda conference. Mr.
Bressner reported the City would proceed with the environmental study and if approved by the
Commission the feasibility phase would be pursued.
B. Status report on City/CRA/Developer Negotiations for MLK Corridor
Attorney Cherof reported two issues represent the substantive issues that needed to be
determined being density and land acquisition that require Commission input. The dwelling
units per acre would be a policy decision for the Commission
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 5, 2007
Mayor Taylor contended, although the community would like to see 20 dwelling units per acre,
the reality was it would be cost prohibitive for a developer. The Treasure Coast Regional
Planning study suggested a mix of density from 10 dwelling units per acre to 40 dwelling units
per acre. Mayor Taylor wanted funding figures for the City of Boynton Beach and the
Community Redevelopment Agency for 20 and up to 35 or 40 dwelling units per acre and the
incentives a developer would require.
Attorney Cherof advised the funding requirements were discussed and the developer would not
provide that information for anything less than 40 dwelling units per acre. Mayor Taylor
understood their concept was to build an entire community, not just units per acre.
Commissioners McKoy and McCray concurred with Mayor Taylor's request for more information.
Mr. Bressner reiterated the developer had been specifically asked for the information and
refused to do so. Mayor Taylor felt an explanation for the refusal should be heard.
Commissioner McKoy expressed concern why the information would not be provided and why
the Commission was not seeking another developer who would provide the information. Mr.
Bressner added further data needed for determining the fee impact and infrastructure impact
had been submitted.
Vice Mayor Rodriguez suggested definitive deadlines for providing the information should be set
to move the project along. Commissioner McCray felt all the data should be collected before a
decision could be made on both the 20 and 40 dwelling units per acre.
The overall density for the 26 acres would be averaged over three phases. Phase I would be
6.27 acres, Phase II would have 14.7 acres and Phase III with 5.3 acres for a total number of
units of 1,052, averaging 40 dwelling units per acre over the entire project.
Commissioner Weiland understood the developer wanted 40 dwelling units per acre and they
would provide the funding needs for that proposal. Mr. Bressner pointed out the RFP response
was for 35 dwelling units per acre. It was clear that staff recommended the 20 dwelling units
per acre.
Mayor Taylor suggested the developers be permitted to bring their proposal to the Commission
in whatever form they feel is appropriate and the Commission can vote on the proposal. He
stressed the goal was to build the best upscale housing possible and maintain affordability.
Vice Mayor Rodriguez reiterated a definitive time line should be set and Mayor Taylor agreed.
Attorney Cherof noted the developer originally proposed a three phase development to be built
out by 2012 and the delay would push that date even further out. It had been requested that
the land acquisition be completed by July, 2007 so the project could move forward. At some
point a decision would need to be made when enough time and energy had been spent
attempting to get the project moving to no avail. A deadline of December 31, 2007 had been
submitted for the land acquisition for Phase 1. Vice Mayor Rodriguez offered a compromise to
September 30, 2007 as a deadline.
Commissioner McCray commented Phase I could be completed and Phase II and Phase III
would never be built with this particular developer. He contended the Commission should
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 5, 2007
closely monitor the developer to assure the project moves forward at the direction of the
Commission. Vice Mayor Rodriguez cautioned if the landowners in any Phase do not want to
sell, the project would ultimately end.
Commissioner McKoy noted citizens of the area had come forward and indicated they would not
sell their properties.
Herb Suss, Quail Run resident, indicated if the partnership agreement had not been signed the
efforts were for nothing. Attorney Cherof did not feel it was appropriate to allow public
comment to intervene in the negotiations or question the accountability of the parties. Mr. Suss
further inquired if the developer had submitted financial statements. He felt at 40 dwelling
units per acre a ghetto was being built within the project and a strain on the infrastructure. Mr.
Suss suggested a new developer be investigated before a new Commission is elected and faced
with a difficult decision.
Myra Jones, 311 NW 4th Avenue, spoke on behalf of the residents and asked the Commission
to not allow the creation of slums by building stacked units. The residents wanted a place for
children to pay other than in the streets. Mayor Taylor explained the goal was to bring
affordable housing to the area; however, increased density was the only vehicle to achieve the
goal. Single-family homes would not be affordable.
Commissioner Weiland explained the concept of a blended density scenario for all three phases.
The project would consist of various housing elements to achieve maximum use and the
developer's profit margin. Commercial use would also be included.
Mr. Bressner recapped the discussion that the data would continue to be analyzed, the deadline
for land acquisition in Phase I would be September 30, 2007, and the figures submitted by the
developer for 40 dwelling units per acre would be sufficient. Commissioner McCray noted he
had requested the data be submitted for funding based 20 dwelling units per acre also.
Commissioner McKoy would be interested in the data also.
Mayor Taylor declared the consensus was the data based on 40 dwelling units per acre would
be sufficient.
Vice Mayor Rodriguez understood the CRA Executive Director should receive direction from the
Commission on matters relating to the MLK Corridor Project.
Attorney Cherof advised the Commission did not have the authority to direct the Director of the
CRA in any matters. Mayor Taylor explained the Community Redevelopment Agency is a
separate entity. Mr. Bressner added he did not respond to CRA board member questions for
the same reason.
Robert Reardon, Assistant Director of the CRA, advised the CRA was not negotiating for any
property in the MLK corridor. Other properties were being investigated, but not within the
corridor project.
Attorney Cherof reviewed the consensus was the developer would not submit the cost for
developing 20 dwelling units per acre and the Commission would not ask for the information.
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 5, 2007
The agreement would be negotiated at 40 units per acre and the costs would be submitted to
the Commission. The Commission could sign the agreement and if not, the project would be
over.
C. Discussion of Local Lobbyist Registration Ordinance
Commissioner McCray had brought the matter forward to ensure the City of Boynton Beach was
comparable to the Palm Beach County standards.
Attorney Cherof noted the County standards required registrations, modeled after the State
statute including disclosure, prohibitions and penalties.
Vice Mayor Rodriguez discussed the application of the definition of lobbyist and the parameters
for a program to be effective and maintained. The comparative cost of such a program could
be obtained from Palm Beach County.
Commissioner McCray felt the Commission should be aware of the monetary influences involved
with any opinion offered to the Commission. The benefit of an opinion may be for individual
gain and not in the best interest of the City of Boynton Beach. He stressed the fiduciary
responsibility lies with the Commission.
Commissioner McKoy suggested in view of the recent indictments on the State and Federal
levels more information should be obtained before a decision on registration of lobbyists is
made. The basis of all decisions should be the best interest of the City of Boynton Beach and
definitely not personal gain.
Although Vice Mayor Rodriguez totally agreed with Commissioner McKoy's remarks, he felt the
Commission had the responsibility to perceive any interests and to scrutinize any opinions
offered. The cost to administer the program would not be feasible. He would not support an
ordinance.
Mayor Taylor advised his decisions are based on the best interest of the City of Boynton Beach
and not on any payments received by any individual or organization. Commissioner Weiland
was also against the ordinance.
Mayor Taylor declared the consensus was not to proceed with an ordinance.
D. Amendment to City Code to Require Extra-Ordinary Vote for Dissolution of CRA
Commissioner McCray suggested a policy be in place for the Commission to dissolve the
Community Redevelopment Agency with a four to one vote.
Mayor Taylor noted no motion was offered to proceed with an amendment.
X. FUTURE AGENDA ITEMS:
A. Presentation by BB High School Principal (March 20, 2007)
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Regular City Commission
Boynton Beach, FL
March 5, 2007
B. Strategy Report Regarding latest Report on Crime Increases in Boynton Beach.
(March 20, 2007)
C. Water, Sewer and Stormwater Rate Study Report (April, 2007)
D. Update of Recreation and Parks Strategic Plan (April, 2007)
E. Revision of Fire Codes (April 17, 2007)
F. Ordinance to allow a new Commissioner, appointed or elected, to remove any
board members that were appointed by his/her predecessor, within 30 days.
Vice Mayor Rodriguez explained the ordinance was suggested so a newly elected Commissioner
would have the prerogative to re-name citizens to advisory board positions that support their
philosophies and vision for the City of Boynton Beach. Any appointments by the preceding
Commissioner could be reviewed within thirty days.
Commissioner McKoy emphasized the appointments are the responsibility of the entire
Commission and require approval of the Commission. It would not be fair to the individuals
serving on the boards.
Vice Mayor Rodriguez noted only new appointments would be involved and all appointees would
be made aware of the terms of their appointment at the time of their appointment.
Attorney Cherof advised the Code Compliance Board, Community Redevelopment Agency board
and the Building Board of Adjustment and Appeals are State regulated and could not be
included.
Commissioner McCray noted filling the boards has been difficult and requested change could
further limit the number of individuals willing serve on the boards.
Commissioner Weiland agreed with Commission McCray's assessment on the issue.
Mayor Taylor reviewed the current process for appointments and stressed the rotation being
utilized would not be possible. All appointments would still require approval by the Commission.
Lee Wische, 1302 SW 18th Street, strongly disagreed with the proposition and expressed his
opinion the proposal was self-serving and based on personalities, not qualifications. He
contended there would be no applicants for the advisory board positions.
Herb Suss, Quail Run, offered his opinion that advisory boards advise the Commission, they
are not "yes" people. The applicants are volunteers who constructively advise the Commission.
They are not decision makers. He agreed the vacancies would greatly increase.
Vice Mayor Rodriguez stressed personalities are not the issue. His intent was to be successful
in moving the City of Boynton Beach forward.
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Regular City Commission
Boynton Beach, FL
March 5, 2007
Mayor Taylor agreed the appointments should be filled with individuals who want to improve
the City of Boynton Beach. He did not want the system to change at this time.
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 07-002 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; providing
that the 30% of the 1% (.03) Public Art fee is collected by the Building
Department at time of Building Permit issuance and the 70% of the 1%
(.07) prior to and as a condition of issuance of the certificate of
occupancy which includes the Public Art. (Tabled to March 5,
2007)(Request to table to April3, 2007)
Motion
Commissioner McCray moved to remove Proposed Ordinance No. 07-002 from the table and re-
table to April 3, 2007. Commissioner McKoy seconded the motion. The motion passed
unanimously.
Motion
Commissioner McCray moved to table Proposed Ordinance No. 07-002 to April 3, 2007.
Commissioner Weiland seconded the motion. The motion passed unanimously.
2. Proposed Ordinance No. 07-005 RE: Amending the
Land Development Regulations, Chapters 5, 6 & 7 to clarify that all public
and private development projects are subject to surety requirements.
Attorney Cherof read Proposed Ordinance No. 07-005 by title only.
Mayor Taylor opened the issue for publiC hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 07-005. Commissioner
McKoy seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
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Regular City Commission
Boynton Beach, FL
March 5, 2007
C. Ordinances - 1st Reading
None
D. Resolutions:
None
E. Other:
1. Honest Services Statute (Previous/yadded to the agenda)
Commissioner McKoy explained the Florida League of Cities overwhelmingly supported an
honest services statute. He requested Attorney Cherof provide an overview of the statute.
Attorney Cherof indicated the origin was the concept that people who sit in a position of power,
either elected or appointed with the power to act on behalf of the public and public trust, have
the duty to do so in an honest manner. It is commonly referred to as the honest services
against fraud concept. Attorney Cherof said, "The term honest services includes the right to
conscientious, loyal, faithful, disinterested and unbiased service to be performed on behalf of
the public - I'm adding that part - free of deceit, undue influence, conflict of interest, self-
enrichment, self-dealing, concealment, bribery, fraud or corruption." The statute criminalizes
the obligation to act on behalf of the public in an honest and straight-forward and transparent
manner. Failure to perform in such a manner would result in Federal criminal charges. The
Circuit Court has held a violation of State statute is not required for conviction under the
Federal statute.
Commissioner McKoy felt it was important the Commission understood the statute.
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
There being no further matters to come before the Commission, Mayor Taylor properly
adjourned the meeting at 8:31 p.m.
14
Meeting Minutes
Regular City Commission
Boynton Beach, FL
March 5, 2007
CITY OF BOYNTON BEACH:
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
ATTEST:
Commissioner - Ron Weiland
Commissioner - Mack McCray
Janet M. Prainito
City Clerk
Commissioner - Carl McKoy
Judith A. Pyle
Deputy City Clerk
(030707)
15
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR~
VI.-CONSENT AGENDA
ITEM C.l.
Requested City Commission
Meeting Dates
Date Final Fonn Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Fonn Must be Turned
in to City Clerk's Office
January 2, 2007
December 18, 2006 (Noon)
D
D March 5, 2007
(gJ
D
February 12,2007 (Noon)
D December 5, 2006
D
D
D
November 20,2006 (Noon.)
January 16,2007
January 2, 2007 (Noon)
March 20, 2007
March 5, 2007 (Noon)
February 13,2007
January 22, 2007
April 3, 2007
March 19,2007 (Noon) a <J
-..,J C) ==i
~ ==i-<
D City Manager's Report f""r1 -(0
D CO (J'"
New Business T\,) ::;; OJ
D -..,J .~l ~
Legal ,...,"'" ""'
D Unfinished Business ::;,? ~~
- 00
Public Hearing D ~ -.,:;c:
"'0)
- -,."
RECOMMENDA TION: Authorization to enter into a Grants Network Master License and Service Agreement ~th efi~,
~.. :
EXPLANATION: The City of Boynton Beach has worked with eCivis, Inc. since 2001, to test software for local government
grant research and management. Grants Network, is the result of 18 months of beta testing by the City of Boynton Beach,
Peoria and Chicago, Illinois. The City's Grants Team has been effectively using eCivis' grants management products to
research and track grant opportunities and awards for the past six years. We have averaged $5.4M in grant requests annually
with 75% of our applications awarded. Grants Network is an upgraded version of the software departments currently use to
manage grant funded projects.
NATURE OF
AGE~DA ITEM
D
D
(gJ
D
D
Administrative
Announcements/Presentations
Consent Agenda
Code Compliance & Legal Settlements
PROGRAM IMPACT:
Grants Network allows the City the best of both worlds, the ability to maintain decentralized grant operations while enjoying
the many benefits of centralized records management. The software is Internet-based, easy for staff to use and captures critical
elements in the grants process to increase the knowledgebase citywide. It also provides Finance Department access to required
documents at audit time. The software includes automated reporting, with City Match vs. Grant Award and Target Grant
Amount vs. Actual Grant Dollars Awarded, to ensure we are effective in our grant pursuits. To date, City staff are managing
41 projects with $8,195,031 in Grants Network, with information on each project accessible by departments citywide.
FISCAL IMP ACT: Since the City is a long-term client of eCivis and has participated in eCivis beta testing, we are receiving
substantial discounts on this software upgrade. Grants Network: Research component fee is $10,697, a 44% discount ($8,303)
off the normal rate, and Tracking & Reporting fee is $15,500,60% ($22,500) off the normal rate. Since we are mid-year, the
annual rates are pro-rated. Our pro-rated total is $13,173. This amount has been budgeted in the Grants Team account #001-
2731-572.34-34 for FY2006/07. Our discounts will continue with the renewal of our annual subscription next fiscal year.
With an average of$5.4M return on our $26,197 annual investment, Grants Network is an effective solution for grants
management.
t seeking and management processes.
City Manager
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC
/ Finance
1
2 RESOLUTION NO. R07-
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, APPROVING AND
7 AUTHORIZING THE GRANTS NETWORK
8 MASTER LICENSE AND SERVICE AGREEMENT
9 BETWEEN THE CITY OF BOYNTON BEACH AND
10 ECIVIS, INC; AND PROVIDING AN EFFECTIVE
11 DATE.
12
13
14 WHEREAS, the City of Boynton Beach has been working with eCivis, Inc., to
15 test software for local government grant research and management. The City's Grants
16 Team has been effectively using eCivis' grants management products to research and
17 track grant opportunities and awards for the past six years; and
18 WHEREAS, the City Commission of the City of Boynton Beach, upon
19 recommendation of staff, deems it to be in the best interests of the residents and citizens
20 of the City of Boynton Beach to approve the Grants Network Master License Agreement
21 between the City of Boynton Beach and eCivis, Inc; and
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
Each Whereas clause set forth above is true and correct and
25 incorporated herein by this reference.
Section 2.
The City Commission of the City of Boynton Beach, Florida does
26
27 hereby approve the Grants Network Master License Agreement between the City of
28 Boynton Beach and eCivis, Inc., and authorize the City manager to execute same, a copy
29 of said Agreement is attached hereto as Exhibit "A".
2
Section 3.
That this Resolution shall become effective immediately upon
3 passage.
4 PASSED AND ADOPTED this _ day of March, 2007.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 ATTEST:
23
24
25
26 Janet Prainito, City Clerk
27
28
29 (Corporate Seal)
30
31
32
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
!'II
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eClvls
GRANTS NETWORK MASTER LICENSE AND SERVICE AGREEMENT
Date 2/07107
Contract No. - GN 50258-1
This Agreement is made by and between:
eCivis, Inc., a Delaware corporation and City of Boynton Beach, Florida ("Customer")
("eCivis")
3452 East Foothill Blvd, Floor 9 Pasadena, City of Boynton Beach
CA 91107 (877) 232-4847
Sales Contact: Karl T. Rectanus Principal Contact and Master Access Holder: Debbie
Majors, Grants Coordinator
This Agreement, and the Exhibits attached hereto, set forth the business relationship between the parties and the tenns and conditions under
which the following software is licensed and services are provided to Olstomer.
Grants Network Leve I of Effective Termination
Included ModulelServices De~,c rI ptlon Service Date Date
INCLUDED GN: Research 4.x Federal, Florida, & Unlimited 2/1512007 10/3112008
Foundation
INCLUDED GN: Tracking & Reporting 1.x Organization Wide Peak Grants 2/15/2007 1 0/3112008
Level 50
NOT INCLUDED GN: Community Based Organization N/A N/A
CBO)
NOT INCLUDED Any Future GN: Modules N/A N/A
Levc I of Effective
Included eClvis Services Description Service Date End Date
INCLUDED Implementation Data Collection, Data Up to 25 Grants 12/1/2006 2/1/2007
Import, & Initial Training
NOT INCLUDED Additional Software Training N/A N/A
NOT INCLUDED Professional Development Training NfA N/A
NOT INCLUDED Additional Services NfA N/A
. 151 Paymentfor tenn 2/15/2007 through 10/31/2007: $13,173 due 2/15/2007 (net 15) includes discounts and credits (Exhibit B).
. 2nd Payment for tenn 11/112007 through 10/31/2008: $26,197 due 10/31/2007 (net 15) includes discounts (Exhibit B)
Renewal Terms
This Agreement will continue in effect until the Termination Date listed above, unless earlier tenninated in accordance with the terms of this
Agreement. After expiration of the original tenn, this Agreement &JaIl be automatically renewed for wccessive one year tenns unless either party
provides written notice to the other party within thirty (30) days prior to the end of the then QlITent tenn indicating the party's intent to tenninate
this Agreement effective at the end of then ClUTent tenn. Notifications must be sent to the parties at the addresses listed above, The fees for each
renewal tenn &JaIl be caIQJlated as a five percent (5%) increase over the fees for the expiring tenn. Fees will be invoiced and payment &JaIl be due
within 15 days of the beginning of any renewaI tenn.
By the signatures of their representatives, both parties agree to the terms of the entire Agreement, including all of the
incorporated and referenced exhibits, schedules, attachments, and provisions.
Accepted
By:
Customer
Accepted By: eCivis, Inc.
Authorized Signature Name
(type or print) Title
Authorized Signature Karl T.
Rectanus Name (type or print) Vice
President Title
Date
Date
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Terms & Conditions
1. General.
(a) "Customer" shall mean the end-user customer organization or entity executing this Agreement.
(b) "Access Holder" shall mean each individual who is an employee of Customer at the time such individual accesses and/or uses
Grants Network. If Customer is licensing the Grants Network: Community Based Organization Module (also referred to as the "CBO" Module)
pursuant to this Agreement, then "Access Holder" shall also mean each individual who is an employee of an approved non-profit organization
pursuant to the CBO Module,
(c) "Grants Network" shall mean the Modules as listed in Exhibit A attached hereto.
(d) "Licensed Modules" shall mean the Modules that are licensed by Customer herein pursuant to the Fee Schedule set forth in
Exhibit B attached hereto. Customer acknowledges and agrees that eCivis is not obligated, but reserves the right, to make daily, weekly, monthly, or
yearly updates to the Modules,
(e) "Stated Version" shall mean the version of a Module notated herein by the first number after the Module name (e,g., "Grants
Network: Research ~.l", "GN: Tracking & Reporting 12", etc,).
(t) "Version Release" shall mean the most current software available within a given Stated Version of a Module, notated herein by
the number that follows the Stated Version number and decimal point (e.g., "Grants Network: Research 41", "GN: Tracking & Reporting l.r, etc.).
2, Grant of License.
(a) In consideration of Customer's agreement to abide by the terms and conditions of this Agreement, eCivis hereby grants
Customer a nonexclusive, nontransferable, right and license to:
(i) permit each Access Holder to access and use the Licensed Modules; and
(ii) reproduce, display, distribute, printout, and store information retrieved from the Licensed Modules,
whether in electronic or written form, only for internal use within the Customer organization or entity in
connection with Customer's normal business activities.
(b) Provided, however, that except as specifically provided in Section 2(a) or elsewhere in this Agreement, neither Customer nor
any Access Holder shall use, reproduce, distribute, store, modify, reuse, rent, sell, lease, sublicense, transfer, or broadcast, in any form, information
from Grants Network (each an "Unauthorized Use"). Customer agrees to take all reasonable steps to protect the information in Grants Network from
any such Unauthorized Use, eCivis reserves all rights not expressly granted to Customer.
(c) If Customer participates in any Unauthorized Use of the information from Grants Network or allows access to or use of Grants
Network by individuals who are not Access Holders as defined in Section l(b) above, eCivis may immediately terminate this Agreement without
refunding Customer any fees and without releasing Customer from any obligations to pay fees pursuant to this Agreement and/or any other
agreement with eCivis, in addition to other remedies eCivis may obtain,
(d) Customer also acknowledges and agrees that immediate and irreparable damage will result to eCivis if Customer fails or refuses
to comply with this Section 2 and, notwithstanding any election by eCivis to claim damages from Customer as a result of such failure or refusal,
eCivis may, in addition to any other remedies and damages available, seek an injunction in a court of competent jurisdiction to restrain any such
failure or refusal by Customer to perform or comply with its obligations hereunder,
3. Passwords. Customer agrees to assume sole responsibility for the security of any password(s) issued to each Access Holder. If Customer
believes that someone other than an authorized Access Holder is using any password, Customer must immediately notify eCivis in writing.
4. Updates,
a. Customer acknowledges and agrees that eCivis is not obligated to, but reserves the right to, provide Customer with any Version
Releases for the Licensed Modules. Any Version Releases furnished to Customer shall be considered part of the Licensed Modules
and shall be licensed to Customer subject to the terms and conditions of this Agreement.
b. Additionally, Customer acknowledges and agrees that only the Stated Versions of the respective Licensed Modules, as recited in
Exhibit B attached hereto are licensed herein, eCivis is not obligated, but reserves the right, to create new modules, additional
releases, or new services (collectively "New Modules") not specifically outlined herein. Customer has not licensed any such New
Modules, however, Customer may license such New Modules pursuant to a written agreement executed by the parties.
5, Grants Network Access.
(a) eCivis shall use commercially reasonable efforts to provide Grants Network with an available up time of 99.0% or greater,
twenty-four (24) hours a day, seven (7) days a week (excepting reasonable and limited downtime due to routine maintenance), In the event that
Grants Network is disabled for any reason for longer than sixty (60) minutes during normal business hours (5 a.m, to 7 p,m. PST), eCivis shall notify
Customer of the existence of such problem and use all commercially reasonable efforts to restore Grants Network as soon as reasonably practicable.
(b) eCivis shall use commercially reasonable efforts to schedule downtimes for system maintenance during non-business hours
(after 7 p,m, and before 5 a,m. PST) and notify Customer at least forty-eight (48) hours in advance of such scheduled downtimes. Customer,
however, shall be responsible for preparing for scheduled downtimes by retrieving any necessary data, including without limitation Customer Data
(as defined in Section 7 below), that may not be available during the downtime,
A
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6, Proprietary Protection.
(a) As between Customer and eCivis, eCivis (or eCivis' third-party supplier if applicable) shall be the sole owner(s) of all right,
title, and interest in and to any and all information in Grants Network that is provided to or accessed by Customer pursuant to this Agreement,
including but not limited to any adaptations or copies thereof and any intellectual property rights embodied therein. The information in Grants
Network is subject to protection under U.S. and foreign copyright and patent laws. Except as expressly provided for in this Agreement, nothing
herein shall be construed as conferring any license or other rights, by implication, estoppel, or otherwise, under any copyrights, patents, or
proprietary information of eCivis.
(b) It is eCivis's practice to place copyright notices and/or other proprietary legends in report forms and data provided to
Customers. Customer, including each Access Holder of Customer, shall provide for the reproduction of such notices and legends in the form and
manner in which they appear.
7, Customer Data.
(a) As between Customer and eCivis. Customer shall be the sole owner of all right, title, and interest in and to any and all
information input by Customer into Grants Network ("Customer Data"), including but not limited to any adaptations or copies thereof and any
intellectual property rights embodied therein. Except as expressly granted in this Agreement, nothing herein grants or shall be construed as
conferring any license or other rights, by implication, estoppel, or otherwise, under any copyrights or proprietary information of Customer.
(b) Customer shall be responsible for ensuring that the Customer Data is uncorrupted. eCivis shall not be responsible for Customer
Data that was corrupted upon input into Grants Network.
(c) Customer shall be responsible for determining whether Grants Network produces the desired results. Customer is responsible
for adopting reasonable measures to limit its exposure with respect to potential losses and damages arising from use, nonuse, interruption, delay,
errors, or omissions of or in Grants Network, or the results thereof, including without limitation examination and confirmation of data prior to use
thereof, and identification and correction of errors and omissions.
(d) eCivis shall use commercially reasonable efforts to back-up and store Customer Data, however, Customer shall be responsible
for maintaining its own locally accessible versions of Customer Data.
(e) eCivis shall use commercially reasonable efforts to protect the security and privacy of Customer Data. eCivis shall have access
to data, user settings. information, and metadata within Customer Data for the purposes of providing support, research, customer assistance,
development, or other purposes as determined by eCivis.
8, Access to Customer Data.
(a) During the term of this Agreement, Customer may request in writing copies of Customer Data from eCivis, eCivis shall
provide Customer with such Customer Data in a format determined by eCivis and upon payment of a fee as determined by eCivis from time to time.
(b) eCivis shall not have any obligation to maintain or provide access to Customer Data after termination of this Agreement.
9. Help Desk. eCivis shall maintain a help desk to provide technical assistance regarding access to and use of Grants Network. Such
telephone assistance shall be available Monday through Friday days a week from 9 a.m, to 5 p.m. PST, subject to planned or uncontrolled
interruptions, and excluding eCivis holidays. The help desk may also receive reports of technical difficulties associated with the eCivis Internet site.
Such assistance and any training provided by eCivis are intended to relate to technical aspects of use of the eCivis Internet site and Grants Network.
eCivis does not hold itself out as providing expert computer advice and does not give personalized grant advice.
10, Customer's Duty to Indemnify. Customer, to the extent provided by law, agrees to indemnify eCivis, from and against any loss, claim,
demand, incurred as a result of Customer's use of Grants Network,
II. eCivis Duty to Indemnify. If a third party claims that any use of Grants Network or the information provided therein (other than
Customer Data) infringes any U.S, patent, copyright, or trade secret, eCivis will defend and hold harmless Customer and Customer's Access Holders
against such claim at eCivis's expense, provided that Customer: (a) notifies eCivis in writing within fifteen (15) business days of being advised of the
claim; and (b) allows eCivis to control, and cooperates with eCivis in, the defense of such claim and any related settlement negotiations. If such a
claim is made or appears possible, eCivis may, in its sole discretion: (a) secure for Customer the right to continue to use Grants Network; (b) modify
or replace the information in Grants Network with equivalent, non-infringing information; or (c) terminate this Agreement. THIS PARAGRAPH
ST A TES eCIVIS'S ENTIRE OBLIGA nON WITH RESPECT TO ANY CLAIM OF INFRINGEMENT.
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12. Limitations. eCivis shall employ due care and attention in obtaining and maintaining the information in Grants Network. Customer
acknowledges, however, that any collection and compilation of data entails the potential for human and machine errors, omissions. delays,
interruptions, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage. Accordingly, Customer
acknowledges and agrees that THE INFORM A TION FROM OR THROUGH GRANTS NETWORK IS PROVIDED "AS-IS," "AS A V AILABLE,"
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-
INFRINGEMENT). eCIVIS'S SOLE AND ENTIRE LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASON, AND
CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, OTHER THAN STATED IN SECTION I I HEREOF,
SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE INFORMATION RECEIVED (IF ANY). IN NO EVENT
SHALL eCIVIS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LOSS OF DATA, LITIGATION, OR THE LIKE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE GRANTS NETWORK PROGRAM, THE DELAY OR INABILITY TO USE THIS eCIVIS SITE, OR ANY INFORMATION,
SOFTWARE, PRODUCTS, OR SERVICES THAT ARE OBTAINED OR ACCESSED FROM GRANTS NETWORK, WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN eCIVIS AND CUSTOMER, eCIVIS WOULD
NOT PROVIDE GRANTS NETWORK WITHOUT SUCH LIMITATIONS. SOME OF THE INFORMATION IN GRANTS NETWORK IS
PROVIDED BY THIRD PARTIES, THEREFORE, eCIVIS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION IS ERROR-
FREE, PROBLEM-FREE, OR WITHOUT OTHER LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES
WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, AVAILABILITY. RELIABILITY. TIMELINESS. COMPLETENESS,
SUITABILITY OR APPLICABILITY OF ANY OF THE INFORMATION PROVIDED IN GRANTS NETWORK.
Customer further acknowledges and agrees that: (a) eCivis is not a grant-writing firm; (b) eCivis does not warrant or represent that use of Grants
Network will result in any grant acquisition; and (c) Grants Network may not include all available federal and state grants or all potential data on the
grants provided. Customer agrees to always read the full original grant notice provided.
13. Default. If Customer breaches or defaults with respect to any terms or provision of this Agreement or any other agreement with eCivis,
and fails to cure the same within fifteen (15) days thereof, eCivis may. in its sole discretion, terminate this Agreement. eCivis reserves the right, to
suspend access to and/or use of Grants Network in the event of any Unauthorized Use, or any Customer delinquency, breach, or default under this
Agreement, and delete all Customer Data, personal information and settings associated with an Access Holder during such suspension, in which case
such Customer Data, personal information and settings will be unrecoverable.
14, Force Maieure. eCivis shall not be liable or be deemed to be in default for any delay or failure in performance or interruption resulting
directly or indirectly from any cause or circumstance beyond the reasonable control of eCivis, including, but not limited to, equipment or
telecommunications failure, labor dispute, accident, flood, other natural disaster, embargo, war, terrorism, order or interference by civil or military
authorities, whether legal or defacto, or failure of any third party to perform any agreement with eCivis that adversely affects eCivis's ability to
perform its obligations hereunder.
IS. Assil!nment. This Agreement shall bind and inure to the benefit of eCivis and Customer, and their permitted successors and assigns.
eCivis shall have the right to assign or otherwise transfer its rights or obligations under this Agreement whether by contract or operation of law
without Customer's consent. Customer shall not have the right to assign, by contract, operation of law or otherwise, this Agreement or any of the
rights, interests, or obligations hereunder without the prior written consent of eCivis, A successor in interest by merger, operation of law or purchase
of the assets or entire business of Customer or otherwise shall not acquire all or any portion of Customer's interests hereunder without the prior
written consent of eCivis,
16, Entire Al!reement: Amendment. This Agreement constitutes the entire and exclusive agreement between eCivis and Customer with
respect to the subject matter hereof and supersedes and cancels all previous agreements and understandings, whether in oral or in writing, with
respect to such subject matter, and may not be amended, altered, or modified except by a written agreement executed by duly authorized
representatives of the parties hereto.
17, Waiver. The failure of either eCivis or Customer at any time or times to require performance of any provision hereof shall in no manner
affect the right of such party at a later time to enforce the same. No waiver by any party hereto of any condition, or the breach of any provision,
term, covenant, representation, or warranty contained in this Agreement, whether by conduct or otherwise, in anyone or more instances, shall be
deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, representation, or
warranty of this Agreement.
18. Governinl! Law. This Agreement shall be governed by and interpreted under the laws of the state of Florida, without reference to conflict
of laws principles, Except as provided in Section 2( d) of this Agreement, each party hereto consents to the exclusive jurisdiction of either the State
of Florida, or the United States District Court for purposes of any action brought under or as the result of a breach of this Agreement, and each party
waives any objection thereto, The parties hereto each further consent and agree that the venue of any action under or as a result of a breach of this
Agreement shall be proper in either of the above-named courts and they each waive any objection thereto,
19. Independent Status of Parties. Nothing in this Agreement may be construed to constitute either party hereto as agent for, or partner of,
the other party hereto, Neither party hereto has the right to bind the other party hereto, transact any business in the name or on behalf of the other
party in any manner or form, or to make any promise or representation on behalf of the other party hereto.
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20. Severability. In the event that any provision of this Agreement is, becomes, or is declared by a court of competent jurisdiction to be
illegal, unenforceable, or void, this Agreement shall continue in full force and effect without such provision; provided, however, the parties shall
negotiate in good faith to replace any ineffective, unenforceable or illegal provision with an effective replacement as soon as practical, such that the
economic effect of this Agreement, as between eCivis and Customer, remains the same or as nearly the same as possible.
rSignatures provided on cover page of this Agreementl
EXHIBIT A
eCivis Grants Network Modules & Services
eCivis™ Grants Network: Research 4.x
(License includes all releases in the 4.x version (e,g. 4.1, 4.2, 4.3, etc.)
· Search for grants within eCivis' proprietary database
· Identify and save grants of interest
. Save search criteria for recurring use
· Receive email notifications regarding new or updated grants matching desired criteria
. Access to grant news content
eCivis™ Grants Network: Community Based Organization (CBO)
(GN: Research 3.0 or later requiredfor use of this module)
· Customer can offer access to non-profit entities and community-based organizations that are based in and serve
Customer's jurisdiction (access cannot be extended to any for-profit entities)
· Additional Reports for Customer on CBOs usage
eCivis™ Grants Network: Tracking & Reporting l.x
[License includes all releases in the l.x version (e.g. 1.1, 1.2, 1.3, etc.)]
(GN: Research 4.x required for use of this module)
. Share/route grants with others
. Create projects
. Create and Search Organization grants
. Associate grants with projects
· Stakeholder creation and assignment to specific projects
. Project and grant milestone tracking
· Single document upload capabilities with appropriate grant milestones
· Email notifications regarding project / grant milestones
· Email notifications regarding pending due dates
· Research activity reporting
. Project activity reporting
. Grant funding reporting
. Detailed transaction history
eCivis™ Grants Network Implementation
(Initial service in order to facilitate effective Grants Network usage)
. Organization Configuration
· Data Collection
· Historic grants data input and configuration
. Initial Software Training
eCivis™ Additional Services
Services available include:
· Professional Development Training
· Additional Software Training
. Best Practice Assistance
City of Boynton Beach Purchase Schedule
xhlbit B
Pl.I'chase Schedule
Or anl<a1ion Annual Fee (pncil1Qbased on schedule) 1 '$ 19000 $19,000
Federal SIal. Foundation
Llnlin1led Research
, Sub Accoort Manaoemenl
Includes 1 0"" 01 OnslleTrannp ($3000Value)
cao Add-On 01 S 10000
Price is per 50 Extemal Users
Disoounts LOIlll- T...m Client 1 44% ($8,3U3. 01)
"l~~
Base License Fee 1 $ 1 2.500 $ 12,500
Grants ActMl Fee - PlB<!iIl 1 $ 25000 $25000
Unlnited Pursuit
. Includes_ !ill"
, Basic SOIVlce & Suooort
OVerage M1ce o $ 1,200 $ -
File DownloadlReoovlllV Disc Creet'on and Backup (Annual M nimum
Annual (currulawe of aU files) 1 $ 500 $500
Add Quarterly Disc CreatiOn (files dunno period) o $ 1,800 $0
1\00 M on ,r>y UlSC "'"atlon I esaunng perlOO) o $ 3,000 $0
Discounts Beta Client Discount 1 611% [$22,50001)
AMual Subscription Rate P" Y....
$26,197.00
Pro-....ed 1st P~"""" (ClMlrS 211512007 - 10131J2007) Due 211512007 $13,173
Previous Payment tor Grants Locator cradled towards pOfwrated 1 st pa,-rrem.
2nd PAl"""" (ctMlrS 1111i2l117 - 1013112Dl11l Due 1001J211l7
IJBInK,OIlS" ,enns
$26 197.00
*PoakGraJdJ Looel
The PeakG1Uds Level is detemLired byOJstomer and eCi,.jsuJ:On inceptiondthe license. TIe Peak GrmtsLevelis the maximun number of awvded grant instancel withinan of
_...r'. projects ('GrorlIs'? with a .talus other thlm "closed" For exempe, "Peek Grants La",150"1Oil1 include ~" :lJ 'Ung_OUO granl ""'_os tiuo~ul Cus\:l...i, ",,1M
projects,
00""'CO
Ioold the client exceed the PeakGran1s lev101 durirlg the tarm, """!>gO f... will be calculated.. the Per Granl CNenge Fee ($IJJOl)"ar) mdtiplied by the number of grants """randab:Jv
the licensed Peek Grants Law!. F..,wilIbe!'O-Md tiuo~h the erdofthe ~1>C1lJTtnt"rrn. Cus\:lmerslW1l"y\:leCiviswithinthirty(30)daJlSDOtice the Ie_rof: (1) the overege 2.
:o1e11loled above; or (2) the 1"O"",1ed f.. for lie Peek o-ts Level inchlditlg e"'ugh gran. " CO'lllI Custcaller'. usoge occoJding \:l eCj...,'.then cun.,,1 publislled f.... in...nich case
_...r sMll be dmned to "'''' hcensed such higler Peek Grart.lev1ol fortle leSl of the then-CUfllO It I""'.
..... Renowal
fthis Agre....nt i..utlmaticollyrenewedpumwlt \:l its lelll\S, the Peek Grants La",l Dr the rerewed lerrn sMll be the higlestPeakGrants Level oclueved byC_mer at the .ndofthe
xpirirlg tenn. As noted on the cover page afthis Agreement, the fees for anyrerewal tmn shallbe calculatedasafM peretnt(~/.):irlcre_ over t1e fees fcr the expirillgterm
N...Mad.....
~ivis JBSe1VeSthe rightb povide NewNbdulestoclients. SllOuldCusb:nnerop toliceJ\5le anysochNew Jvb:i11les, fees tM.ybe calculated ue.nUU'lJalfee or a per grant add-on fee Dre
rent.......d in accoldar1ce with tie Feek Gran1s lev101 outlined herein,
Diocounts
Beta CllentDlsrount
1 $ m~
30 $ 50 $1,500
10 $ 100 11000
2 $ 2,500 $5,000
2 $ 500 $1,000
1 1 1$135000lll
1 $ 3,000 $3,000
0 5000 0
Jl,
Software Oroanlzalion Seluo Fee
::AM SellJo
Usar Creation
Up to 40 Hoors of Conr"Lfalion
Oala Collection & HIstoric Orants Inwl
I Federal, State in ON
I lraamza Ion Specific Grants
On-S!e Inilial Tralnlno
2 Sessionslday olm"" 25 ppVsession
Travel billed at cost not to exceed $500ldav
On-S!e SoItware Tranina
I Orants Network Trainino
2 Sesslonstday 01 mal< 25 ppVsesslOn
On-S,e Professional Oev..o rrent Trainino
Max 25 ppld""
Materials
Up to 4 hours custonization
One Time Fee T otet
$3,000.00
A.
eCIVIS
Confidential 2/12/2007 Page 1
Sl\ -r '\!~~""
,
, '
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VI.-CONSENT AGENDA
ITEM C.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
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
D December 5, 2006 November 20,2006 (Noon,) D
D January 2, 2007 December 18,2006 (Noon) D March 5, 2007 February 12,2007 (Noon)
D January 16, 2007 January 2, 2007 (Noon) r8J March 20, 2007 March 5, 2007 (Noon)
D February 13,2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon)
D AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM r8J Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Approve Resolution # authorizing City staff to enter into an agreement with the Sembler
Company to allow a temporary installation of traffic signal poles in a City Easement on the west side of Congress A venue at the
'ntrance to the Boynton Beach Mall adjacent to Olive Garden Restaurant.
EXPLANATION: As part of the Boynton Town Center project, the Sembler Company is responsible to upgrade traffic signals at the
Mall entrance adjacent to Olive Garden Restaurant on Congress Avenue to provide access to their project on the east side of Congress
Avenue. This roadway / entrance is owned by the Simon Group. The traffic signal upgrade will provide for replacement of the wire
span traffic signals with signals mounted on steel mast arms. The steel mast arms are far superior to wire span signals, particularly
during wind events such as hurricanes.
The Sembler Company is negotiating final terms with the Simon Group to allow the installation of the permanent traffic signal
hardware on the Simon Group property. However, Sembler will be unable to have the permanent signal posts installed prior to
occupancy of the new Target in the Boynton Town Center project. To satisfy Palm Beach County access permit requirements onto
Congress Avenue, Sembler must have an operational traffic signal at this entrance to their development. Therefore, Sembler has
chosen to construct temporary signal posts on the west side of Congress A venue as a precursor to final signal nstallation. Sembler has
requested permission from the City of Boynton Beach to install the temporary traffic signal poles in an easement on the west side of
Congress Avenue that was granted to the City of Boynton Beach in 1980. The proposed agreement will authorize this action. City
Legal staff have reviewed this concept and concur that the City can authorize temporary use of this easement in this manner.
PROGRAM IMPACT: None
FISCAL IMPACT: None
AL TERNA TIVES: Do not allow Sembler to use the City easement for construction of temporary traffic signal posts. This will
delay use of this driveway onto Congress A venue until such time that permanent si Is are constructed. Traffic access to the new
Targ1 W,~J.tl~ be modifie~significan t1 . )
i (/.' .I
.1 / '. ..-'7/
IJ / partment . ea 's Signature
1/ '- -
anager's Signature
Assistant to City Manager ~
tJvbL ( lA)ucls
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
City Attorney I Finance
1
2
3
4
5
6
7
8
9
10
11
12
13
14
RESOLUTION NO. R07-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE A RELEASE AND
INDEMNIFICATION AGREEMENT WITH THE
SEMBLER COMPANY TO ALLOW A TEMPORARY
INSTALLATION OF TRAFFIC SIGNAL POLES IN A
CITY EASEMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, as part of the Boynton Town Center project, the Sembler Company is
15
responsible to upgrade traffic signals at the Mall entrance adjacent to Olive Garden
16
Restaurant on Congress Avenue to provide access to their project on the east side of
17
Congress Avenue; and
18
WHEREAS, upon recommendation of staff, the City Commission has determined that it
19
is in the best interests of the residents of the City to approve and execute a Release and
20
Indemnification Agreement with the Sembler Company to allow a temporary installation of
21
traffic signal poles in a City Easement on the west side of Congress Avenue at the entrance to the
22
Boynton Beach Mall adjacent to Olive Garden Restaurant.
23
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24
25
26
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
27
being true and correct and are hereby made a specific part of this Resolution upon adoption
28
hereof.
29
Section 2.
The City Commission ofthe City of Boynton Beach, Florida, hereby
30 authorizes and directs the City Manager to execute a Release and Indemnification Agreement
S:\CA\RESO\Agreements\Sembler Temp Traffic Signal.doc
"""""""""""",,_'~""'~"..: "~.,,,.,.~~',.<<<o,.,~.,
1 with the Sembler Company to allow a temporary installation oftraffic signal poles in a City
2 Easement on the west side of Congress Avenue at the entrance to the Boynton Beach Mall
3 adjacent to Olive Garden Restaurant, a copy of said Agreement is attached hereto as Exhibit
4 "A".
5
Section 3.
This Resolution shall become effective immediately upon passage.
6 PASSED AND ADOPTED this _ day of March, 2007.
7
8
9 CITY OF BOYNTON BEACH, FLORIDA
10
11
12 Mayor - Jerry Taylor
13
14
15 Vice Mayor - Jose Rodriguez
16
17
18 Commissioner - Ronald Weiland
19
20
21 Commissioner - Mack McCray
22
23
24 Commissioner - Carl McKoy
25 ATTEST:
26
27
28 Janet Prainito, City Clerk
29
30 (City Seal)
31
S:\CA\RESOlAgreements\Sembler Temp Traffic Signal.doc
RELEASE AND INDEMNIFICATION AGREEMENT
ON THIS day of March, 2007, 1950 CONGRESS AVENUE, LLC, a Florida
limited liability company C'19501l), having the address of 58 58 Central Avenue, 81. Petersburg,
Florida 33707, enters into this Release and Indemnification Agreement with the City of Boynton
Beach, a Florida municipal corporation (lICity"), as follows:
WHEREAS, 1950 is desirous of obtaining permission from City, to install and maintain
temporary traffic signal poles, guys, controller cabinets and any associated underground support
for same at the locations indicated in Exhibit "A", which is attached hereto and incorporated
herein by reference, more particularly known as ("Improvements"); and
WHEREAS, 1950 acknowledges that the traffic lights are essential to the development
on the property located at the northeast corner of Congress Avenue and Old Boynton Road,
Boynton Beach, Florida; and
WHEREAS, 1950 acknowledges and appreciates the risks of installing the
Improvements; and
WHEREAS, 1950 further agrees that its employees and agents and all persons under its
direction and control shall at all times exercise due care for their own personal safety and the
safety of other employees and agents installing, maintaining, and removing the Improvements;
and
WHEREAS, in exchange for permission for 1950 to utilize portions of the City's
Easement established pursuant to the certain recorded in Official Records
Book 3391, Page 1837 ofthe Public Records of Palm Beach County, Florida ("Easement") in the
locations depicted in Exhibit "A", 1950 has agreed to hold the City harmless and indemnify the
City as hereinafter provided; and
NOW, THEREFORE, in consideration of the mutual promises, covenants contained
herein, the City and 1950 agree as follows:
Section 1. The foregoing recitals are true and correct and are hereby incorporated
into this Release and Indemnification Agreement.
Section 2. City agrees that 1950 may temporarily utilize the portions ofthe Easement
cross-hatched on Exhibit "A" for purposes of installing, maintaining, removing and replacing the
"Improvements". The permission to use the Easement shall be for a period of 120 days from the
date the City executes this Agreement, unless extended by the parties.
Section 3. 1950 shall secure and maintain at its expense, and keep in effect during the
full period in which the privileges granted herein are being exercised, a policy or policies of
insurance, which shall include those coverages and minimum limits of liability as reflected in
Exhibit fiB", which is attached hereto and made a part hereof. The City shall be named as an
additional insured on such policy or policies of insurance.
Section 4. 1950 agrees to assume all risks involved and to be fully responsible for the
safety of its agents, contractors, and employees, hereby releasing and saving and discharging
City, its officials, agents, and employees, from any and all claims and demands of whatever
J:\7\CUENTS\SEMBLER\signals\Hold Hannless - Traffic Lights3,doc
1
nature, whether for personal injury or death or loss of damage to personal property, and hereby
agrees to hold the City hannless for any accident, death, dismemberment, temporary or
permanent disability resulting to any officials, agents, or employees as a result of the permission
granted herein.
Section S. 1950 agrees to indemnify and hold hannless City, its officials and
employees, from any liability, costs and expenses, including attorney's fees, on account of any
injury to or death of any person or persons, whomsoever, including employees, agents, or
representatives of the parties hereto, or third persons, or for any loss or damage to property
arising from or in connection with the construction, maintenance, and removal of the
Improvements, and 1950's use, occupancy ingress to, or egress from, the Easement.
Section 6. 1950, for itself and its employees and agents, and successors and assigns
thereof, agrees that in exercising this authority, it hereby waives any and all claims for damages
or loss of its/their person and/or property which may be caused by any act or failure to act,
including negligence, by City, its officials, agents, or employees.
Section 7. 1950 further agrees that at all times that 1950 and/or its employees or
agents are utilizing the Easement, they will conduct themselves in a businesslike manner,
performing work they are competent to perform. 1950 agrees that no waste, injury, or damage
shall result to the Easement from the use or occupancy thereof by 1950 or the installation,
maintenance or removal therefrom of the Improvements, and agrees that if waste, injury, or
damage does occur to the Easement as a result, 1950 shall be responsible for all necessary repairs
to the Easement.
Section 8. The permission granted in this agreement shall not be assigned, transferred
or otherwise encumbered under any circumstances without the prior written consent of City.
Section 9. 1950 agrees that in the event any portion of this document in held invalid
by a court of competent jurisdiction, the balance shall continue in full force and effect.
Section 10. Subject to the obtainment of approval from the City Commission, City
hereby represents and warrants to 1950 that it has full power and authority to enter into this
Agreement and to perform its obligations hereunder including but not limited to granting the
temporary right of use provided for in this Agreement. 1950 represents and warrants to City that
1950 has full power and authority to enter into this Agreement and to perform its obligation
hereunder including but not limited to its indemnity obligation provided for in Section 5 above.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
March. 2007.
day of
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA:
BY:
JANET PRAINITO, CITY CLERK
KURT BRESSNER, CITY MANAGER
APPROVED AS TO FORM:
J:\7\CLIENTS\SEMBLERl&ignals\Hold Hannless - Traffic Lighls3.doc
2
OFFICE OF THE CITY ATTORNEY
1950 CONGRESS AVENUE, LLC,
a Florida limited liability company
By: Sembler Family Partnership #35,
Ltd., a Florida limited partnership
Its: Manager
By: Sembler Retail, Inc.,
a Florida corporation
Its: General Partner
By:
Jeffrey S. Fuqua
Its: Vice President
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing Release and Indemnification Agreement was acknowledged before me this
_ day of March, 2007, by JEFFREY S. FUQUA, Vice President of SEMBLER RETAIL,
INC., a Florida corporation, the General Partner of SEMBLER FAMILY PARTNERSHIP #35,
LTD., the Manager of 1950 CONGRESS AVENUE, LLC, a Florida limited liability company,
the on behalf of the limited liability company, personally known to me or whom have produced
as identification and who did/did not take an oath.
Notary Public, State of Florida
J:\7\CLIENTS\SEMBLERlsignals\Hold Harmless - Traffic Lights3.doc
3
"'';<W~'~~''''''''''';''''''''''''''''';' v...""r'......."',;.""-,.,"'_,."""~;"'''''..,,'-..,..
EXHIBIT" A II
The portions of tbe Easement area to be utilized by 1950 pursuant to this Agreement
are the four (4) cross-hatched areas on the two attached sketches.
J:\7\CUENTS\SEMBLER~igna15\Hold Harmless - Traffic Lights3.doc
4
.. I/It:"
SURVEYORS &,MAPPBR8
18815ANNBL1S DRIVE, LUTZ, PI. 33548
PHOD (8ls) 86+7540 PAX (8JS) 96+8160
PROFESSlDNAL. l5URVI'l1NO II IIAPPlIlO CERlW'ICA1E ~ NTHCRIZA'l1ON:
La 71.. 1l"ATE: OF FLOIIIM
f-, ',l. r I! i,' ;..
SKETCH AND DESCR'PT~ON
MAST-ARM EASEMENT
SECllON 19 - TOWNSHIP 45 SOUlH - RANGE 43 EAST
I ,.;t'1
.,do .J,'O N.E. CORNER OF
1W((."ft: CNI~-~1S-16~-QIIS-(J(H2 ~\9;r1 THE HoE. 1/4 Of' 11}
r1 ",\ SE'CnoN 19. T<f55, R4JE
# ,.
",~l'J
~;VO
18
GOfOML ftN/.L$ lfar.wIlA~. ,He.
w.x 0EKl~ /NO.
1KRC~ CNI-~-45-lg-OS-OI5-DOIO
BOYNTDN BEACH MALL
OlGCB5Jl9IfOAD 'D?
N8IJ'59 ~6"W
25.01'1 MAST ARM
~ EASEMENT"C'
'h { ~ I (Joo.Og so f7)
I ~~; . P.O.C.
"i!) ~ $.~ CORNER OF
, ~ ~ ~ THE N.C. 1/4 OF
~ li~ SliCTlON 19. r45s, R4.JE
. ME. CORNER OF
;II I THE $oE. 1/4 OF
! ~ e~ SCCr/ON Ig, T45S, R4J. ~
....;- I P.O.B. ~ ..
I l"': UASTARIrI ~ ~
~ EASCMENT ~. . ~
589'5~~6~ 588"J7'14"W ~
..15.38' ~O.OO'
NO 1 "23'03"W
12.00'
PARENT TRACT
O~ BOYNTr:JN.JCP Ass0cx.4 ~ LID
PA/JCEL, OII-4tJ-45-tlJ-05-015-OO/(
(OR BOOK""" PAae:",. P.B.c.R)
. A I'Off11ON OF
SECTION ~ 70WNSHr -IS SOI.ITH, flANGE 43 EAST
PALM BEACH C'OtNTY. JIl.Q1iD4
GQ4 P/lOPOlT1!S 4 I
,.AIlcn: ~-4J-#S-"-DS-DIIS-DDSO .,,~ 'b~
fJo ".'0'
~tP
501"22'<16 '"E
18. tlO'
~ t
~ ~
~ ~
. .
I
~.....
1!8~
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I 20.0' i'.
... r I I
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Ii
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17
20
8
"~
~
i
~~
~:b.
~~
~
LEGEND
60.0' 60.0'
P.O.C. =- Point of Commencement
f.O.B. .. Point of BegInning
P.8.C.R. - POlm Beech County Records
P.8. - Plat Book
O.R. - OfticTal Record
ell = Centerline
R/w ::: Right-at-Way
SQ. FT. .. SQUARe rEET
REV1SIONS
BY
S.E. CORNER OF
THe S.E. 1/4 OF
SE:CrroN 19. T45S, R4JE
DATE
REVISE EASa.lENf GEOMETRY
UPDATE W/ EXISTING rASEJdENT
OJ/01/07
02/111/07
WSP
WSP
OATE O. SKfJ'CH
11/15/06
DRAWN BY
AJM
CHECKED En'
WSP
~
~
~
~
SHEET 2 OF 4
f:lLE NAME
aTe-rASE -WlSTARMS
.. lilt:.,
SURJ'lIYORS ~ MAPPERS
18816ANNEUS DRIVE, LUTZ, PI. 33548
PHONE (aw 1164-?540 PAX (813) 96+-8760
PROFUSICNAL. SUJM.YING . lW'fIING CPm'IC\1l: Of" AIITHORllA11ON:
IS 7'''' srATE OF FLClRtOlIo
SKETCH AND DESCRIPTION
MAST-ARM EASEMENT
SecnoN 19 - TOWNSHIP 45 SOUTH - RANGE 43 EAST .
18 17
19 20
1P 41t~ tLO
f'AR(;E/..' 08-IJ-4S-11I-M-()'$-t)()~
'd~
; ~
. 20.0' j5 ~
i ~
"''8'''~.2. "9"E ."" P.O. 8.
,." , ~ , UAsr ARII
;30.47 E"ASEIIENr ';4"
SB8';J6'S7'W
60.00'
N01'2~'0:1"W,
10.45 SBIr36'57"W
. I
PAR/ENT'TRACT :10.46
OWNER: BOYNTON.JCP ASlS1t:'JaA lEa L 1D ~. ~
PA/fCEL1 08-43-45-tfHJ5-ot5-<XJ1O : ~ i ~ .
A FORT1ONOF . I.. Q ~~
SECl1ON. n::JWNSHP ~ IJtOUT1lIWKJE 43 EAST a :iil~ I
PALM lEACH COI.NTY, FLaiDA ; i I !II ~
BOYNTrJN BEACH UAJJ.. I ~ ~~~ ~
(NORTH EN11IANCEJ .... ~ ~ :: ""l.
S89.~~6"E" ~~
'k 3.1. 45'
we,.. ~CS'
11' 1U(, lJ.C 03b:~.
~
1l4RCfl..' Off-.fJ-4S- I~-06-016-rxH3 tJ'.)....
MAST ARM~
EASEMENT ~.
(J2!J.64 so. n:t) ~
~
a~~!:! fOl::{
J.1!!l~~ ~ ~
~i~~ .
...~
:0...
P.O.S.
MAsr ARM
FASE1tfENr "8"
56tJ."S'57'W
60.00'
LEGEND
911
~
;0.
~
MAST ARM
EASEMENT "S.
(J04.B6 SQ. n#
l~~
;~ .
;:-,.....
l~t\(
~ ~
I 20.0' I ~
i
P.D.C. - Point of Commencement
P.O.B. - Point of Beginning
P.B.C.R. .,. Palm Beaoh County Records
P.B. - Plot Book
D.R. .,. Official Record
C/L - Canterline
R/w ". Rlght-ot-Way
SQ. FT. - SQUARE rEET
flOoO'
t20.0'
BEAFJING NOTE
THE BE'ARINGS SHOWN HEREON ARf: ASSUMED AND ARE
REFERENCED TO THE WEST Ut-IE OF THE NE 1/4
Of SECTION 19. T45S, R4.3E
P,O.C.
S.E. CORNER 01"
rHE N.E. t/" 01"
S~CT1ON t9. r4SS. R4JE
o
SCALEr 1. - 40'
SEAR/NOBAREA~
N.C. C()RNfR Of'
THE N.c. 1/4 OF
$CcnON 19. T-f5S, R4JC
~
~
~
~~
~~
~ ~
~:b
~~
fn
I
I
J
~I
(;: I
~
SHEET l' OF 4
SEAL
~
~
60.0'
Nc>T VALID WlTHQUT THE:
SI<iHATURE AND THE
ORICINAL RAlSEO SEA.l.
Of' A f'LORIDA UCENSl:O
sURVEYOR AND ~APPER
THIS SKETCH IS NOT A SURVEY
CERTlFlCAiE
TliIS IS TO CERTIfY THAT THE S1<ETCH SHOWN HEREON AND THE ATTACHED DESCRIPTION IS ACCURATE AND CORRECT TO THE
BEST OF t.lV KNOWUDGE AND BEUEF AND DOES NOT REPRESENT ^ fiELD SURVEY. I FURTHER CERTIFY THAT THIS SKETCH AND
DESCRIPTION MEETS THE MINIMUM TECHNICAl. STANIMoROS SET f"ORTH UNDER RULE 61017-6 OF THE flORIDA ADMINISTRATIVE CODE
PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES.
RE-'/lsrONS DATE BY
WSP
PROFESSIONAL SURvEYOR AND MAPPER ILS 6685. STATE OF' FLORlOi\
WILLIAM S. PAYNE WSP CONSULTANTS. INC., 'LB71811
DATE OF SKETCH DRAWN BY CHECKED BY FllE NAME
11/15/06 AJM WSP 8TC-OOE-IMSTAAYS
REVISE EASEMENT GEOMETRY
UP~TE w/ El<ISTING EASEMENT
03/01/07
02/15/07
WSP
EXHIBIT "B"
REQUIRED INSURANCE
J:\7\CLIENTS\SEMBLER\signals\Hold Hann1css - Traffic Lights3.doc
5
"'-~";;":i0i;~~>;;.~,;"",
City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY F<)RM
Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages
listing the City of Boynton Beach lIS Additional Insured. This is done by providing a Certificate of Insurance listing
the City as "Certificate Holder" and ''The City of Boynton Beach is Additional Insured as respect to coverages
noted." Insurance companies providing insuranco coverages must have a current rating by A.M. Best Co. of "8+" or
higher. (NOTE: A.n insurance contract or binder may be accepted as prool of insurance if CerJiflcate is provided
upon selection o/vendor.) The foRowing is a list of types ofinsurance required of contractors, lessees, etc., and the
limits required by tbe City: (NOTE: This Ii.t is not alllnclus1vet and the City reserves the right to require
additional types of insurances or to ralse or lower the stated limits, based upon identified risk.)
IIfI (Occurrence Based Only)
- ----..-----..--------...-----..------...-..-....-..-.---..---...-----..-......--.......---..................----......-------....--.-......---..-.. _......--
MINIMUM LIMITS REQUIRED
-----..-..-....-----.--------..---..--.-.......--......--.........---.---......--..---.----- -----...------.....----..--. ..-------------.-...--........-.-.-..
-.--....-.-..-..----...---........-----...........--..-.-------..----.------........-......--.....-.--.....-...-...-.....-.......-..
General Liability
Commercial Ceneral Liability
Owners &. Contractor's Protective (OCP)
Liquor Liability
Professional Liability
Employees & Officers
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Fonn Vendors
Premiscs Operations
Underground Explosion & Collapse
Products Completed Operations
Contractual
Independent Contractors
Broad Fonn Property Damage
Fire Legal Liability
General Aggregate
Products-Comp/Op Agg.
Personal & Adv. Injury
Each Occurrence
Fire Damage (any onc f1Ie)
Med. Expense (anyone person)
Automobile Liability
Any Auto
All Owned Autos
Scheduled Autos
Hired Autos
Non-Owned Autos
PIP Basic
Intcnnodal
Combined Single Limit
Bodily Injury (per person)
Bodily Injury (per accident)
Properly Damage
Trailer Interchange
$ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00
$ 1.000.000.00
$ 50,000.00
$ 5,000.00
$ 500,000.00
to bo determined
to be determined
to be detennined
$ 50,000.00
....-..--.--..-...---.-------..-..-----...........-------......-----.---..........--.......--------.......-.. .......-...-- ---...----....-........-
Oarage Liability
Any Auto
Garage Keepers Liability
Auto Only, Each Accident
Other Than Auto Only
Each Accident
Aggregate
$ 1,000,000.00
$ 100,000.00
$ 1,000,000.00
$ 1,000,000.00
Excess Liability
Umbrella Form
Each Occurrence
Aggregate
....-.------...-....-.---.----..-.-.-....- ...------.-...-.- -..---.-. --........----......-........---..--------....---... -...- .........--......
to be determined
to be detennined
-----.---...---....--....--......--...-----...............---------------..---....---....--------...-...-......------.-..----....................-... ...-... ----
W olker's Compensation
Employer's Liability
Each Accident
Disease, Policy Limit
Diseue Each Employee
Statutory Limits
$ 100,000.00
$ 500,000.00
S 100,000,00
...--....-----..--..------..------..---...------............------......-.-----......-----..----------......-----......---..-------.....--..........--...--.
Property
Homeowners Rcv()cable Permit
Builder's Risk
Limits based on Project Cost
----..---..---.--..-----...-----.....-..--...----........-..-----.--..-........-...........-..--......--..--------...------- ......-..- .........--..-. ...-
$ 300,000.00
Other - As Risk Identified
INSlJRANCBADVJSORYFORM04
to be determined
Revisod 1012001
\
VI.-CONSENT AGENDA
ITEM C.3.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORI,..
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 5, 2006 November 20,2006 (Noon,) 0
0 January 2, 2007 December 18,2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon)
0 January 16,2007 January 2, 2007 (Noon) rgJ March 20, 2007 March 5, 2007 (Noon)
0 February 13,2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon)
0 Announcements/Presentations D City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM rgJ Consent Agenda D Legal
0 Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Motion to approve Resolution No. R07-_ approving and authorizing Change order #7
for the Library Expansion Project in the credit amount of $(12,620). This includes additional costs in the amount of
$19,793 due to unforeseen needs and a credit balance from the contractor to City for deletion ofthe drive through
window insert and canopy top in the amount of $(32,413).
EXPLANA TION: This contract adjustment is to cover additional costs for waterless public urinals, downspout
nozzle, additional electrical/data outlets in lobby, raised draining pipe due to FPL, HV AC Trouble Alarm and
Builder's Risk Insurance (through 01/07) since original bid of August 2004. This contract adjustment also reflects a
credit due to the City from Sessoms for the deletion of the drive through window insert and canopy top in the amount
of $(32,413). This was deleted to cut costs by way ofvalue engineering. (See Exhibit A).
Exhibit A
Change Order #7 includes the following increases and credit:
A) Credit for drive through window insert and canopy top
B) Builder's Risk Insurance through 01/21/07
C) HV AC Trouble Alarm
D) Additional electrical/data outlets in lobby
E) Downspout nozzle
F) Raise drainage pipe due to FPL
G) Waterless urinals
$(32,413)
$ 8,690
$ 5,161
$ 1,647
$ 971
$ 936
$ 2.388
TOTAL CHANGE ORDER #7
($12,620) credit
Construction Schedule (See Exhibit B)
Monthly Status Report (See Exhibit C)
Change Order Log (See Exhibit D)
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT: To keep the project according to schedule, the additional costs included in this change order
need to be approved. Also needing approval is the credit balance which needs to be deducted from original Sessoms
contract amount.
FISCAL IMPACT: Change order #7 subtracts $32,413 from the original contract sum then adds $19,793 to
construction costs to pay for additional costs bringing the contract total to date $6,670,052.48 (net credit of $12,620).
(See Exhibit E)
Exhibit E - Total Construction Cost Summary
Original Contract Sum was
Net Change by Previous Change Orders
The Contract Sum of the last change order #6 was
The Contract Sum will decrease by current change Order #7
New Contract Sum will be
Owner Furnished Equipment
Owner Direct Purchases
Contingency
Construction Contract + Owner Equipment + Owner Direct
Purchases + Contingency
Commission Approved CIP Budget
CIP Library Construction Balance Remaining
$5,727,485.00
$ 955,187.48
$6,682,672.48
$ (12,620.00)
$6,670,052.48
$ 137,137.00
$ 367,780.00
$ 50,000.00
$7,224,969.48
$7,279,000.00
$ 54,030.52
AL TERNA TIVES: The only alternative would be to stop the project. This would lead to more delays in addition to
product cost escalations.
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
"'.'",,,,,,,,~,._"_*~~_"'.i"I.,,,.',.~.,,.;,,,,,...,..,,,,,,,...,
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING CHANGE ORDER
5 #7 WITH SESSOMS CONSTRUCTION FOR THE
6 BOYNTON BEACH LIBRARY PROJECT;
7 DECREASING THE ORIGINAL CONTRACT SUM BY
8 $32,413.00 AND INCREASING THE CITY'S
9 CONSTRUCTION COSTS BY $19,793.00 TO PAY FOR
10 ADDITIONAL COSTS FOR A TOTAL NET SAVINGS
11 OF $12,620.00; AND PROVIDING AN EFFECTIVE
12 DATE.
13
14 WHEREAS, the City of Boynton Beach has deleted the drive through window insert
15 and canopy top which resulted in a savings of$32,413.00; and
16 WHEREAS, the City's construction costs will be increased by $19,793.00 for
17 unforeseen needs, saving the City a net sum of$12,620.00; and
18 WHEREAS, the City of Boynton Beach has reviewed Change Order #7 and has
19 determined that the contract changes set forth therein are both necessary and appropriate.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25
Section 2.
The City Commission of the City of Boynton Beach, Florida does
26 hereby authorize and direct the approval and execution of Change Order 007 decreasing the
27 original contract sum with Sessoms Construction for the Library Expansion Project by
28 $32,413.00 and increasing the City's construction costs in the amount of $19,793.00 for a
29 total savings of$12,620.00, a copy of which is attached hereto as Exhibit "A".
S:\CA\RESO\CHANGE ORDERS\Library Project CO 7.doc
Section 3.
The new contract sum, including all prIor change orders, owner
2 equipment, owner direct purchases and contingency is $7,224,969.48.
3
Section 4.
This Resolution shall become effective immediately upon passage.
4
PASSED AND ADOPTED this _ day of March, 2007.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 ATTEST:
22
23
24 Janet Prainito, City Clerk
25
26
27 (Corporate Seal)
28
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S:\CA\RESO\CHANGE ORDERS\Library Project CO 7.doc
_,;"","",c;,,'''''''''"''~*'''''''''''''.,''..c~i'!1:'''''''-",'.;V;''.''':''''''",""'''''"0
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST
for
Boynton Beach City Library
Exhibit A
Chane:e Order #7
02/20/07 11m 13:30 FAX 9544366789
SESSOMS CONSTRUCTION
++-> ENG DEPT-BONAGUR I4J 002
''-'
tAlA:
Document G701™ - 2001
Change Order
fiROJEer (N~ and a4dresi1):
Boynton Beach, Library
208 South Seauest Blvd.
~oynlon BcaC~ FL .33435
TO CONTRACTO,R (Namt and address):
SesSODls Construction
74B5 O.vie:Rd. Ext.'
Hol!>1vo~ FL 3~6?:4
CHANGE ORDER NUMBER: 007
DATE: February 16,2007
OWNER: 181
ARCHITECT: 181
CONTRACTOR: 181
FIELD: 0
OTHER: 0
ARCHITECT'S PROJECT NUMBER: 0320802
CONTRACT DATE: May 04, 2005
CONTRACT FOR: General Constnu;uon
THE CONtRACT 1$ CHANSEO AS FOLLOWS: '
(ln~lljde, wiitn..izpp~iCi:ible, any undispured amount atlributabl/! if) previously Uflcuted Con.rtructioll Chang/! Directives)
, A) l;Jililden Risk ~Ur8hce Extension 11.12-06 thnt 01-21-07......................................................................$8.690.00
, B)DOwnspout Roule ~'PR: #28. ~ .... .......... ........ ............... ........................................................,.......... ...$971.00
C) 'Additioriai T:", outlet:! in lobby. PR #21..................... ......... ............. ........ ........................... .......... ..$1,647.00
'" D)Add wateq,ieSs Urinals (onglJi'aUy provided by Owner) - PR ,m.. .......... ........ ....... ............... .................... .$2,388.00
'E) Provide trouble ~I~ for UV AC (as requested by Owner)........,....... ........ .................,..... ..... ........... .......$5.161.00
P) R~~ drainage pipe due to FPL conflict..... ................. ......... ........,......,.......... .... .......... ............ ..............$936.00
G)Credit for de1etiiig cartQPY and drive thru and providing book drop.............. .... .......... .............. ........ .......($32,413.00)
Total...,~........... ........ .,.,. ~..., .,.........,....., ......... ....... ........., .................................,............. ............ ...(SI2,620.{IO)
The orlginaJ Contract SutiJ was
The nctchllDge by previously lIUthorized Change Orders
Th~ Contract Sum 'priQi to this 'Change Order was ,
The Contract Sum willl>6 decreased by this Change Order in the amount of
Th~ new Contract Sum including t!rl,s Change Order will be '
The Contra,CI Twe will be: increaSed by Zero ( 0 ) days.
, The date of Substantial Completion as of the date of this Change Order therefore is JllnUIlI)' 21. 2007
$
$
$
$
$
5.727.485.00
955,187.52
6,682,672.48
(12.620.00)
6,670.0S2.48
, '
NOTE; This Chl!Ilge Otder doos not include changes in the Contracl Sum, Conttnct TIme or GU81'lltlt=d Maximum Price which
~vebetn auth!lrized by Construction Change Dixec:tivc until the cost and time have been agreed upon by both the Owner and
Col1tractor, in w1iich cue a Change Order is executed to supersede tbe Construction Change Directive.
NOT VALID UNTil SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER.
ScbenkelShullZ Archilecture ,
ARCHITECT (firm name)
~~OO N. Con~~p Avenue. West Palm
Beach. :FL 33409 ,',
ADDRESS
DATE
Sessoms CollStTUction
CONTRACTOR (Firm name)
7485 Davie Rd. Ext., Hollywood. FL
~
BY (Signature)
1-<< 3e~~s
(Typed name)
O~- ~-"1
DATE
City of Boynton Beach
OWNER (Firm 7UU1le)
208 South Seacrest Blvd.. Bounton
Beach.:FL 33435
ADDRESS
, BY (Si
BY (Signature)
(Typed name)
DATE
AlA ~umtntG701TU-2001. copyright 01979.1987,2000 and 2001 by The American Institute 01 Archilaats. All r1ehtt 1'W8I1IIId. W~N1NQ: 1'11ls AJAo
Doc_n! Is protecl.d by U.s. ~ht L.Iw end InIBmlltloIllll Treltlel. Unauthorized reproduction or dltdributlon of Ihls AlA' DocumerI1. Of any 1
portion 0111, IIIlIY resullln severe c:Ivll and crlmlnallJ8nalllBB, and will be Pl'OIICUlecllo IhB maximum extent JI08'lbIe under tIlIIIBW. TI1i5 docllmenl
was prodUClld by AlA soltwate all S:~G:14 on 02/1912007 underOrdllf NQ.1QOOi:i!8140_9 which expires on 3121/2007, and Is nollor reule.
User NOleS: (532264577)
_",_""....~-"""'~~Wi"""..""._,'~
02:15/0i THU 08:26 FAX 9544366i89
SESSOMS CONSTRUCTION
~~~ LIBRARY-CRAIG
i4J 001
SQssoms
CONSTRUCTION
COMPANY, INC.
"-- . .. = ..:-- :""'-
7485 Davie Road Extension · Hollywood FL 33024
Broward (954) 431-7900 · Fax (954) 436-6789
REQUEST FOR CHANGE ORDER CG CBOl134
MEMORANDUM
DATE:
February 15, 2007
Sam Ferreri, SCHENKELSHUL TZ ARCHITECTURE
TO:
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
ReO #067, Project Log #139
Description of Proposed Change:
Delete canopy and drive-up window, install book drop, paving sidewalks and bollards
Reason for Change:
As directed in Proposal Request #13 dated 07/25/06 and per A004 Rev. 5 dated 06/06/06
Additional Cost:
seel Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
secl Bond Premium (1%):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ (32,413)
$ . 0
$ (32,413)
$ 0
$ (32,413)
$ 0
$ (32,413)
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Craig Clark, Interim Library Director
Bob Bonagura, P.E.
Attachment: Supplier/Subcontractor Proposal
LS/mo
G:\379 - Boynton Beach Library\Change Orders\B7\Rco #67
(; 2 1.~, 07 THU 08; 26 FAX 9544:J 6 6 i 8 9
SESSOMS CONSTRUCTION
Boynton Beach City Library
Book Drop Revision
Additional Work
Concrete Pad (4_0" X 6'.0" X 0'-6")
Storefront Window
Sollards
Bollard Concrete
Bollard Installation (2 men 2 hours)
Installation of Drop Box (2 men 4 hours)
Add
15% Overhead & Profit
Net Add
Deducted Work
(4) Columns and Footings, associated work
Drive Thru Window
Metal Roofing
Underlayment
Steel Trusses and Attachments
Net Deduct
Net Change
"Note. No seating revision in this CO. Drawing in PR wasn't clear.
~~~ LIBRARY-CRAIG
i4J002
1,093.00
1,950.00
460.00
250.00
112.80
225.76
4,091.56
613.73
4,705.29
4,051.00
2,479.30
6,831.00
727.00
23,030.00
37,118.30
(32,413.01)
02:15:07 THU 08:26 FAX 9544366789
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02l15/0i THU 08:2i FAX 9544366i89
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SESSOMS CONSTRUCTION
3058225298
......... LIBRARY-CRAIG I4J 005
T-753 P001/001 F-220
.--....---- - -- ....... -----
.. ~!~, T~!m~
. COMP^NY, INC.
Ib.~
:: L :::
7485 Davie ~cac{ EX'ten~on · Hollywood F'L 33024
$roward (954) 431.'7900 · F~ (951\) 436,.6789
ME M 0 RAN DUM CG CBO!l,4
DATE:
June 712006
C'OA
,)~
TO:
02000'2 - ~ & N CONSTRUCTION (S61.795.4499)
03~ 15 . GeCI( CONSTRUCTION (561.795.1 S8S)
06600 ~ GEORGE'S WELOING SERVICES (305.822.5298)
Job site
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
PROPOSA.L REQUEST 1#10, Praj8cll..og 1IS1
Attached is revised details as related to Proposal Requesl No. '0 dated 04/25/06 from
SCHENKELSHUL TZ Archltectur4& regarding removal of drive up window & proPQ8ed
, canopy end replace with a fixed window.
Please price this work showing a detailed breakdown and .!:Ivics Immediatelv. in writlr'Q.
of the additional costs/credits.
---
\ C '''Ui~GtJ~.Tf=PLEASE REPLY
. 1$1 FOllow-up I' 0
fi-
~.. 2nu Follol','urJ
i p !srd FollOW-up
l V 4th FQIIIlW'lll) .._
~ ,~U~ f:ll;~.~-I,lr. i __~~__..l
...-...---.~ -~--
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07/09/06 SUN 11:28 [TX/RX NO 5818J
02:15:07 THU 08:27 FAX 9544366789
SESSOMS CONSTRUCTION
~~~ LIBRARY-CRAIG
I4J 008
SCHENK,ELSHULTZ
O'c:jD ARCHITECTURE ODD
Proposal Request
.a u v
Boynton Beach Library - 0320802
Boynton Beach City Library
208 S. Seacrest Blvd.
Boynton Beach, FL 33435
Phone: (561) 742-6380
Fax: (561) 742-638]
Date: 7/2512006
Number; 13
RCONumber :
Ml.L
To: Lee Sessoms
Sessoms Construction Co,
7485 Davie Rd, Extension
Hollywood, FL 33024
From: John Can:
SchenkelSbult:L
1300 N. Congress Ave
West Palm Beach, FL 33409
Please submit an itemized quotation for changes in the Contract Sum andlor Times incidental to proposed modifications to
the Contract Documents descnbed herein,
THIS IS NOT A CHANGE ORDER NOR IS IT A DIRECTION TO PROCEED WITH THE WORK DESCRlBED
HEREIN,
Description
Book Drop
Notes
Delete canopy and drive up window. Install Book drop paving sidewalks and bollards per A004 Rev. 5 Dated 6/6/06
Attachments
Contractor
REC!il""'.~.,':',I"I''''';'";''
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J2 '26 2007 10:37 FAX 5616975210
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SCHENKEL SHULTZ
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CONSTRUCTION
COMPANY, INC.
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7485 Davie Road Extension · Hollywood FL 33024
Broward (954) 431.7900 · Fax (954) 436-6789
REQUEST FOR CHANGE ORDER CG CBOl134
MEMORANDUM
"~,-'"-~
-.
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.-
DATE:
February 08, 2007
TO:
Sam Ferreri, SCHENKELSHUL T2 ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
ReO #062r. Project Log #181
Description of Proposed Change:
Costs to extend Builder's Risk Insurance to January 21. 2007 (Revised Substantial
Completion date per Architect's 02/07/07 letter)
Reason for Change:
Due to changes and delays
Additional Cost:
see I Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
scel Bond Premium (1%):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 8,194
$ 410
. - ",
$ 8.604
$ 0
$ 8,604
$ 86
$ 8,690
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Craig Clark, Interim Library Director
Bob Bonagura, P.E.
Attachment: SupplierlSubcontractor Proposal
LS/mb
G:\}79 . Boynton Beach l.ibrary\Change Orders\62\RCO #e2r
I/I/"./J./J /A ~L _ I . ,I
02,.26' 200i 10: 3i FAX 56169i5210 SCHENKEL SI{ULTZ -+ BOYNTON BEAC~ LB ~Ut03
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SCHENKELSHULTZ "511--0/4
DCC! ARCHITECTURe: otlCJ
February 7,2007
RECEIVED
,Mr. Lee Sessoms
Sessoms Constnlction Company, Inc.
7485 Davie Road Extension
Hollywood, Florida 33024
FEB - g 2001
Sessoms Constr. Co,
RE: City of Boynton Beach City Library
Library Expansion / Remodel
ReO #062
Dear Lee:
Weare in receipt ofyouT request for ReO for the extension of Builders Risk Insurance from November 12,
2006 to April 12, 2007. At this time through Change Order Numbor six the date of substantial completion
is January 21, 2007. We were in receipt of your last schedule dated December 13,2006, and had requested
you clarify delays as in item 26 (roof delay) to the cause of the delay, of which a portion was the delay of
the subcontractor submitting the product approvals to the City Building Department. In addition there are
se'feral delay claims we are reviewing that look to be about ten days.
At tllis point in time we can only recommend that the Owner is responsible for the portion of Builders Risk
to the end of January-
Please look at the schedule as soon as possIble and provide the detail that would be required to understand
the roof delays that are the responsibility of the Owner.
If you have any questions. please do not hesitate to call.
Sincerely,
SCHENEKELSHULTZ
- Cc: John Carr/ SSA
Robert BonaguraJ City
Wilfred Hawkins! City
Craig Clarki City
0320802/ contractor outgoing
G: \proj eets \0320000 proj ects\(j3~lJ8'O~\a~ttel'~'\tlS 2'080''lI'S~~~1JS!ettef)!920707
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02: 26 200i 10: 3i. FAX56169i521~ _ ~CHEI\TKEL SHULTZ
... BOYNTON BEACH LB I4J 004
- . -
c~mnsworth, Alter, Fowler, Dowling & French
p, O. 80x 9315
Miami lakes, FL 33014-9315
(305}822-7800
Statement
Sessoms Construction Co., Inc.
7485 Davie Road Extension
Hollywood, FL 33024
Sessoms Construction Co., Inc,
1125
11/1612006
David Alter
Raysa Gomez
1 of 1
COpy
Thank you
_ _ 9.,...~'_ _ _ _ _. . _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~l!l~~~ _d_e!!~~ ~~~ !~;l!r!,_'.y~~ p_a),!l!~l!t_ _ _ _ _ _ _ _ _ _ _ _ . _ 4" _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
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Client Sessoms Construction Co., Inc.
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Policy #ESPOOOB535-00 07/12/2005-04/12/2007
Crump Ins Services of Atlanta
76678 10/24/2006 Effective: 11/12/2006
Installation/Builder Risk - Extend coverage to
4/12/
Surplus Lines Tax
Boynton Beach Library extension to 4/12/07
Invoice balance
77616 11/08/2006 Effective: 07/12/2005
Citizens Grp Assessmen
Surplus Lines ,Fee
Invoice balance
15,769.00
788.45
16,557.45
1,078.60
39.42
1,118.02
,RECEiV ,fJ
NOV l' 7--20 6
5 ssoms Cons' I'. Co.
I
\ Ll:ss than 0
o - 30 Days
17,675.47
31 - 45 Days 46 - 60 Days Over 60 Days
Thank you
Balance Due Upon Receipt. Call Lynn at 305-503-9151 for Financing. Thank you.
L
I Collinsworth, Alter, Fowler, Dowling & French
(305)822-7800
03/01/0i THU 14: 32 F.-LI: 9544366i89
SESSOMS CONSTRUCTION
~~~ LIBRARY-CRAIG
l4J 006
. Sessoms
_..~~ CONS,TRUCTION
, COMPANY, INC.
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7485 Davie Road Extension. Hollywood FL 33024
Broward (954) 431-7900 · Fax (954) 436-6789
REQUEST FOR CHANGE ORDER CG CB01134
MEMORANDUM
DATE:
November 22, 2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #0 17 -261 Q-04/CJ 0
R.eO #061, Proposal Request #23, Project Log #162
Description of Proposed Change:
Furnish and integrate the Trane Tracer Summit system (HVAC trouble alarm) to existing
(HVAC Mechanical. Inc. 11/21/06 quote attached)
Reason for Change:
As directed in Proposal Request #23 (copy attached)
Additional Cost:
secl Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
secl Bond Premium (1 %):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 4,771
$ 239
$ 5,010
$ 100
$ 5,110
$ 51
$ 5,161
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Craig Clark. Interim Library Director
Bob Bonagura, P.E.
Attachment: Supplier/Subcontractor Proposal
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G;\379 - Boynton Beach LlbrarylChange Orders\61\Rco #61
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03/0li07 THU 14:32 FAX 9544366789
SESSOMS CONSTRUCTION
~~~ LIBRARY-CRAIG
I4J 007
HVAC MECHA'NICAL, 1f\IC.
5181 N.W, '109tM AVliU'1Ue Sunrise. Florida 33361
Phone (954) 747-9199 CA'~A1S5511 F'lI: (95~) 747-9792
November 21, 2DO~
Ses:SQm$ Cot'l~trl.lr:;fJatl CompiIlny
Attn: Llili: S.eSSOITl~'
Gen tlfllrlf!lt'l,
Re: Boynfan I!each Llbr~ry
SLlbj: HVA C Trouble A/iUltJ
Prop: 1# 3
We herllwi1h :;ubm/~ I:lt.l'r propO$aJ for the pefform4nr;:e of thesubjer:t 'NQrk. Our rJirll>f;t eOl/ts antS ."lowabJe
mark-ups fOr fMs w,ork, u derailed on the enc:Josed bretl.kdowns sheer::, ;~: ~4,n1
The Work to be pem'J'7T.'~d t:Onslsts of: Fvmlsh tmd i"stall alll1laf&rla/s liS per Tranf,! quet/! Clated f111S1D5.
E.rt:lus/OI1B; Cuttll'l(j' I~ ,f:Jatr;hln!J
Prlcs b:i$et:I On field conditions as af ~ Z'l.Nrlv.2DD6
Any further PfOI}T't'JJ1!i ,of work by oth'lf t,.des that wlf/ inff!"'re With tfle Sf;:ope or thil; propoSSI, may
nasI/It io addltlonSJI fltll.$.
Please be advls~ri 'bat fI" mafMafs wlfl be ordered and no wt:lrk In r;onnecfton with this Request for Ch4nge
Order will be p,erformed 'fntll Bu~h time 8$ wrilftlf/ 'Inheritatlrm to proceed Is rl!Celv9d In Our main office.
Verbal instl'ric;tfons I" proc@ed will nof be aeceptetl.
1'h/s proposallhay bu "'lthal'.l4In If not atcupted In writing wIthin 30 days.
The eost (If U 'lT1.~'l SlId tIm~ e.t't8/7$fon l'flql.Jest of !. calendar d>>Y(5) .&J:oe/.~ed with this. change Is For
file dif'ect eost "f this c:h.ange offly. It deQ$ not {nofvde ."Y ffJdJrec1: costs for JnefficJflneies, tleJ.Yf,
;nteTff1.fence:s, ouf CJr'~:(lqJ.te"cEl workj re-mDblllzaffon.s or dewmobm;r.at/or'/B.. e)(tendad 11en",.", ar field
conditions, loss of pro rI~'r:tlllifJr, or any oth.r Impacts eJfher to eo~r Or Um~ as . resuft of rhls or Dther ehang@g
on thrt: project. Kolda(re, Jnr: expref:sly re.$l'Ves the righ' to make c:/./m~ fOf'thue tosts end/or time
IiIs they are incurred tJ'f bllComll klJcwn.
Re:;peC:tftJlly,
HVAc: Meehan;cal, Inc.
PlWlfrient
ALJtHORfZATION TO /O'''~OCEED: HVAC MechanfCtll, Int:. Is h.reb."llJthorlzed It> P1'Or::~!ed with
W(lr6;" ii$ Otltlinud In thlli propOsal. Formal wrftten ehangs ortJer fo 'ol/olli:
~Y:
"
DATE:
11/2l.106 TUE 19: 14 [TI./RI NO 7265 J
O:.J/Ol/0i THU 14'32 FAX 9544366i89
"'1- CHANGE ORDeR PROPOSAL
- "'-
SUMMA.RY
....""" L 1 l.!:ln
PrQjeet : Boynton Beach r.ibrary P1'O,~Clfal it ; 3
Gen(lrili' C'ofltraCklr: S"s9orns Con$trl.lc:tl(;lf) Company G" C. Proposal: 23 Log#162
Heferenca: HVAC Trouble AlliIrm /l'roJer;t Mat'lBger: Frank
Date: 11121f2DOe
.,'., ,PES~R!!:TrIJN .... o. P'!',., ~OST' .. : T.QTAl '
'.. .. .. ~ . ..' ; ., 1,,11 o.
MATERIALS $ . .,
..
EQUIPMENi REf\Ff.~L "" "
.
.!"
--
TAX ~ 6.0% ~- , ,
. " ..
SUB.TOTAL -..- $ $
. -
--- ,'1. ,
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SlJBCONTRA:C"r-Qft " .' i. ': ',.' ," " " .. " .....' '" ;
0, " ',., , '''' .. .., ," " " "
... -, .-.....
SHEETMEr AL !"
CONfROL.S -- 3.~92 .',
, .. , ,
INSULATION ..,
'",.
,TEST & BALANC:I5- .. ..
CONCRETE SU~~~ " ..
.. , ,
':,,, .. .. ,.
..'
SiJe-ToTA~ --- $ 3,592 $ 3.5512
- , ,
..' , ,
b~B~:.", ----.....-- . ,., :., '''. .',,', " ' .,
.. .' " ,. . " ,
" : . . "" "'H', .'... , , ..
............. HOURS 35.00- Si '!' o.' .,
FIELD LABOR ~ D !:!2:r s . " " ;." , '.
FrE;L.O LABOR ~ ~I~le HoURS $ 37.50 . .' ' ,
FABR leA TION GtI,BOR HOURS $ 45.00 - , " ..
MISCELLANEOU~l.':e,BO~ HOURS $ :$5.00 ' .
I'" .,j' " ,;.\J
"
CASUAL l...ASOR HOURS $ 15,00 'j- ..
. .. ., ' I"
SERVICE rECH",iiW,N HOURS $ SO.Oo d, " ,',( \.
. "
------ HOURS ;..
PREMIUM TIME $ 17.50 . ..
':!
DRAFTING -- HOURS $ ?5.00 I:;. ,
. : ' ,
SUff.C/FIELD SUe~R\lIS1ON HOURS $ : : .. ..
31'-&2 . 'ii' .
..'i "
TRUC~ING HOURS &; .58.70 . , ,
PROJECT ENGINE!E:R HOURS $ ,92.65 - .., ..
"
~IGGING CONTR~:r5R HOURS , 165.00 . .. , ""
.. .. ., ,,,'
. ",', .... .,.
. i'" i " ,',1' ," ":". . '
SLfs-TOTAL .......... -S-
, $ .
-~ , .
: , , .. " '..',." ..;:, '-j' : : .. . ::/ ,:..>, ":. ;. ,. ' ." .. " .,
.. ,.:..:.:.:.~ ..J: .. .', .. ...... .'" ,. " . ~. ~ '. ,", " .. ,
JOB,COS:r~~ ... '" ., .. ~. ...,' \"1' '.. " .. , ',', '"
.. " .. '. ,OK' .,.., ., . , . ,. ~ I '..1 I'" " " ..
....w:w "" ". ... ,.. ,,, , , '" I .
pe-RMJT FEe $ I,":.
. ,,," . ,
GEN!'I=tAL CONDI!~~IS 5% $ 180 .. ' .
,,/. '".,'. "
.\ I'" ';:"'; " ' 1',:
--- ., . : ..1,
SUB-TOTAL $ 180 ~- 180
---
.. .. " '.. . , . :l;\;"",,<,,;, ..'":' ,\ I ,,'
"" ~-i"- " " : .. '" ,,/.: ." ... , .. .' , .. .' .. .,:1',,',
" ' .. "" TOTAL COST T 3~ 77'Z
' ' '.. .. ,
O\IE~HE,a.D 111% $ 377
, , ';";' ..,,; SUBT01A.1. $ 4,149
PROFIT 11;% $" 62:2
.. SUBTOtAL $ 4,771
'..
BONe b.C1a~ $ .
. ",' .., '," , ...., '\, .. " '" ",I" ".
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.. '....' ,T TOTAJ. 1$ 4",-,
SESSOMS CONSTRUCTION
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~44 LIBRARY-CRAIG
I4J 008
Change Order Proposar lit O~l HVAC Trouble Alarm
11/21/06 TUB 19:14 [TX/RX NO 7265]
.03 /01 /QL~ THV 14: 33 FAX 9544366789
SESSOMS CONSTRUCTION
~~~ LIBRARY-CR~IG
I4J 009
SCHENKEL SHULTZ
[J D d ".'R c'H'f T'~ ~';r U R E [,J I? tl
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Proposal Request
Boynton Bea.ch Library - 0320802
Boynton Beacn city l.ibrll%)'
208 S. Sr.B.cJ:C!lt Blvd,
'Bo)'tl.ton BeQ~h, FL 33435
Ph~: (561) 742.6380
Pax: (561) 142~6381
Date: 10/10/2006
Number : ~
RCONutnber~
.. ~~
~:
To: Loe SI:,Stlm:l
Sessoms CODs~tiOl1 Co.
7485 D~vio Jl,cL EJrtensioD
HollyV.IDoc1. FL 33024
From: John ClIn:
SchCJikclShultz
13oo:N. COflgrells Ave
W Illlt Pllbn Bellc:h. FL 33409
Pll!l:\~Cl submit 11.11 itemiud quctatiol1 fOT changes ill the: CClntX1\ct Sum and/or Times iucid=hl to proposed modifiClltl.onll to
the Contract DOCUIIlflnts described herem.
THtS IS NOT A CHANGE OP.DER NOR IS IT A DIRBcnON TO PROCEED wIDI THB WORK. DBSClUBE.D
HERBn-T.
-
DcscrlptiOll
HV Ae TtoubJ.e Al:mn.
NotC6
Revise: the 1!l~8ting Tracer Summit daUlbuC6 to neat the existing City Hall system and the new Libtaty system as a single
Tracer Sumntlt "lIIitc:". '
Utilize City H'O.ll's existing modem and telcpbone line fonemoto notificatiOD of critica1lllllnnS from the new Library system,
Provide ~ofwl!l.t'C labot to pIognm the OwnCll: dBfined Q1'inclIl aturn poilUs into the systLml alJd dial aut In rcpsomi:l to any of
tha:se aWms 10 the OWAlr.:rll spclOitieci cell phonl!: nurnher(s).
CommisioIllUld test an now or teVl5ed cJ:itical a1a.nn di~l ol.1t f\tt1etions.
A-
Attachments
Owner
sCBENKELSRtJLTZ
1-........ JI...._.,..,'_ fl/r'A WehlFonns/newPR.asp7Acticn-PlUNT &.P .A.RA="';COMMID:1 OO;MO... 10/10/2006
10/10/06 TUE 15:50 [TX/Rl NO 6878)
03/0liOi THU 14:3,3 FAX 9544366789
SESSOMS CONSTRUCTION
~~~ LIBRARY-CRAIG
I4J 010
.. Sessoms
_~ _ CONSTRUCTION
, '. COMPANY, INC.
~ -'~, :::-
. :: :_: - : - : .:.
7485 Davie Road Extension · Hollywood FL 33024
Broward (954) 431 "7900 · Fax (954) 436-6789
REQUEST FOR CHANGE ORDER CG CBOl134
MEMORANDUM
DATE:
November 15, 2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 " BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
RCO #058, Project Log #168
Description of Proposed Change:
Add four TV outlets on column for flat screens (Eleon Electric 11/10/06 quote attached)
Reason for Change:
As requested in Proposal Request #21 (eopyattached)
Additional Cost:
scel Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
Seel Bond Premium (1 %);
PROPOSED CHANGE IN CONTRACT AMOUNT:
PROPOSED CHANGE IN CONTRACT TIME: Three (3) days
$ 1,523
$ 76
$ 1,599
$ 32
$ 1,631
$ 16
$ 1,647
Cc: Craig Clark, Interim Library Director
Bob Bonagura, P.E.
Attachment: SupplierlSubcontractor Proposal
LS/mb
G:\379 - Boynton Beach L1brary\Change Orders\58\Rco #58
03/01:07 THU 14:33 FAX 9544366789
SESSOMS CONSTRUCTION
~~~ LIBRARY-CRAIG
141011
elcon
ELECTRIC INCORPORATED
bTATE llc~NSI'1
EC0001n;
~
3DOD PARI( CEmRAlllOUl.I!VARC NORTH . POMPANO BEACH. PLOf<lDA3.1O~4
I!EQUEST FOR CHANGE' ORDER
Bt\OWARD (llS4) 979-54~S
FAX (9114) 1179.5449
PRE.CON FAX (!l!!C) 079'1311~
November 10, ,2005
Job No,; 5602
RC.O. No.: 08
R.F.~. No.:
SESSOMS CONSTRUCTION
7485 Davie Ro,~d
HOllywood, FL :33024
Attention:
Rl)bert Seott
Project:
Ef)Yhton Beach Library
BOYNTON BEACH, FLORiDA
Reference~ Added TV outlets 2nd floor on column.
Gentlemen:
We propDse to iI'lcrease our contract total in the amount of: ONE THOUSAND FIVE
HUND~ED lWENTY THREE DOLLARS AND 00 CENTS ($ 1,523.00) for the fOllowing:
PropOS<!Il:
Furnish and instl1l11 additional electrical work in accordance with the above referenced
drawing. See attached for material and labor breakdown.
TOTAL This R,ec!uest for Change Order $1,523.00
STIPULATIONS: This proposal is based solely on the usual oost elements suth as
labor, materia', and normal markups and does not include any amount for additional
changes in the sl~quence of work, delays; disruptions, rescheduling, extended
overhead, overtime, ~cceleration, and/or impact costs; and the right is expressly
reserved to requHst an equitable change order for any and all of these related items
prior to final settl(~ment of this contrac;;t, General Contractor INork not inclUded
(concrete, trenching, chopping, painting, etc.) unless otherwise noted. This prOPOSal
must be accepted within 7 days, after which time it wlll be Subject to escalation, We are
currently requesting a time extension ~ tz days in conjunction with this change
L8J We wit! be pleased to proceed with this work upon receipt of YOLlr change order
l='age 1 of 2, Reo
www.elconelectric.ccm
\ ,
U/J.a/DB MON 07: 54 [TX/RX NO 7159]
O:J .' 0 Ii 0 i THU 14::J :J FAX 9544 :J 6 6 i 8 9
SESSOMS CONSTRUCTION
~~~ LIBRARY-CRAIG
!4J012
project Name: Eh,ynton SH8ch Llbl1lry Oelle : 1111012006
Flea ~ e Estimate #~ Se02
A.DDED TV OULETS 2ND FLOO~ ON COLUMN
Material from Estimate: $308.00
Slralght Labor Hours from E:stirnate: 17 Overtime Labor Hours frol'Tl ~stjrn'te: 0
[Material] [Lllbc>l') Rate % of hours
Is:.;: 6,0% $324.38 Straight Time F-man @ $65 40% $442,00
Ollerhemd: 10% $356.80 Straight Time J-man @l $47 50% $~99.5D
F'~e; 5% $374.64 Straight Time App.@ $40 10% $68.00
Overtime F-man @ $66 0% $0,00
[Tota! MaterIal]: $374.54 Overtime J.man ~ '62 0% $O,QO
Overtime A~p.@ $52 0% $0.00
fretill Labor1: $!lDUO
[prcJIltc:t QUt1t~..'Ex;prm=s (taxable)) [Pl'oje-et ExpenSEs (non.taxeble>J
Switchge.;~r; $0.00 Labor Rete % of hours
Light Fj:(ture:s: ~O.OO Project Manager@ $G5 5.00% $55,26
Fire Alarm: $0.00 SLJplilrintendinl @ SeD 7.50% $76.50
Backhoe: $0.00 esUmator @ $40 3.00% $20,40
I H.md ElI;~vation: $0.00 Clel;lO-Up @ ~1S 2.00% $5,10
Material Handli(1~: $0.00 Inspection Cocrd;l1stlon@ $-.5 1,00% $7,6S
Conc:r&(e CUltin;): $0.00 SSferyl'rra/nll'lg @ $60 1.00% $10.20
Scissor Li't: $0,00 Drawing6lAs bLlilts @ $58 ',00% $Q.BS
Ra-Inspet;lloh fe,~: $O.OD Admrnl7$tratlve @ $25 1.00% $4.25
Tempor.ilry POWl1r: $0.00 LayoLlt@ $25 1,00% $4,25
Sum expense,,: $0.00 Sum E)(pen~lis: $193AG
I
1 Ta:c 6.0% $0,00 Olferhl!llld: 10% $212,81
I Overhead: 10% $0.00 Fee; 5% $223.45
Fe,,: 5% $0.00
I Subtotpl: $0,00 SlJbtotal: ~2~3 ,45
IrTotal Projq~tE~~~n$esJ) $223.45
trotal MlIterlal $374.64
T etal Labor $909,50
ITDt<l:1 S':pal'lses $223.45
SU8TOTA.L ReO $1,5D7.&'8
BOND(if ap~lIc2lble) Rate: 1.00%
ICTAL BOND $15.08
'TOTAL. AMOUNT OF f{C:O: $1.522.66
-
11/13/06 MON 07:54 [TX/RX NO 7159)
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14. 'J4 FA'X 9544366i89 SESSOMS CONSTRl1CTION
. .."1..0:. __'_1,,11.1 ""~~LfIC;
..., BID TAKE. OFF DI.:TAILS - FORMAT 2'" '"
· · Job: Boynton Seaeh Library · ~ Job Number: JCRO!l6a2 ~ ~ Sid Pate: 6/24/200& ~ .
P~ge ~ Ohte 11/10f~OOG ~~4~l~5 ~M
4-t-+
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O~rort t/o
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TV' I.UMN
Mi .~cell~n"rm~ It!:l\ls 0.00
1 HeLl!: STflJIl' O":Jii .~'~ -- -..(~
J 14" EM'!' ~.OO 0.070
.3/4" 1!lMT cOllI' CQij'P Sl'ET::r.. ~.Oo 2.~'1 lO.~.~! 0.063 iJ,25~
3/ q" EM'r CONl'l COMP STL 8.00 2.1.57 17 ,25" 0,061 11, ~~o
)/~.. em CDN1:rnT '11'),00 1.7,32 ~9.2.71 0.040 l.600
o 1 otlO 1/2h EM, 40,00 O.iS~e ;15.11') 0.038 1.500
1/;:" IilNt ~ lfO::,;E STFl.!lJ' ~.oo 0.243 (l,no 0.060 (\,:140
1/2" E~T CONN COMP STL e.OO l.5~4 l~.;nlO o ,OM (J,SC4
l/~'l EH'r COOP COMP 5'I'~EI, 4.00 Leu 7.H4 O.O6~ n,:248
3;:'000 Qunt'r ~Ql\ NJl'l.EX I'I.fJSH ~.nCl 8.e04 ~S.~J'7 0,8,% :J. 34 4
DUI' J,:.l!:c <'IoATE 113 IIlO:F.Y 861)03 4.01) O.3~g 1.. 3!l! 0.056 u.225
H052 Q" ~ox Wile Mt~RING S.OO 6.290 ~O.jl:l 0,795 f.'.J6;a
~12 THfll'l cu ~F\ 400.00 0.240 $1:'.850 O.OO~ 2.000
Totals 3!11i..!iD 17.Q4
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11/13/06 MON 07:54 [TX/RX NO 7159]
03/01/0i THU 14;34 FAX 9544366i89
Proposfll Request
SESSOMS CONSTRUCTION
~~~ LIBRARY-CRAIG
I4J014
CHENKELSIDJLTZ
,-,0 d A:,R.'c.,h't:eC'TUR'E 000
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proposal Requ.est
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Boynton Beach Library - 0320802
Boynton -a each City Libr~
:ws s. Seaere.rtBlvd. PhDD~: (561) 742~63g0
Boynton :Beach, FL 33435 Fax; (561) 742-6381
Date: 9/21/2006
Number: 21
:RCONumber :
.
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--All
'fo: Lee S~SD{ll5
Seiiscms CODStrUr;:tiQI1 Co.
7485 Da.vie Rd.. Extension
}!ollYWood.. FL 330:24
FrllM I John em
Sc:hCDl:;elSh1.lltZ
1300 N. CQ11gICSs AVa
West :Palm Be&Qh. PI.. 33409
-
P1f:llSD liubmit an itemized ~uob.tion for changes ;n the Contra;t Sum andlo. Times meidenbti to proposedmodifir;;ations to
the COIl:tnct Documents described herein.
w U U~
THiS IS NOT A CHANGE OlWB~ NOn. IS IT A DIQ.EC'I'lON TO PROCEED WITH THE woltK DE-SCRIBED
HIUtBIN .
DC6c:ription
Four iUr.t TV Screens on Column in lobby
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wee SKE602-2 Dated. 10/23/06 md SKE301-6 Dated 10t23f06
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10/30/06 MON 16:50 (TX/RX No 7036]
OJ:Ol:Oi THU 14:34 FAX 9544366i89
SESSOMS CONSTRUCTION
444 LIBRARY-CRAIG
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REVISION: 4 - PR#21 TV RECEPTACLES
PLEMENT TO DRAWING No-: E602 TLC JOB Nc"~
DATE: 10/23/06 m~==
DESIGN: SBe COCoa, ,.,. au22
r.l-fRr.KF:l): SBe ~1.~lf!t~~t =~~m
PROJECT: BOYNTON BEACH CITY LIBRARY
503084 SCALE:NTS
SKETCH No.
SKE602-2
I
0016
10/30/06 MON 16,'50 [TX/RX
NO 7036)
03/01/0i THU 14:35 FAX 9544366789
J \, ~ ~SOMS CONSTRUCTION -H4 LIBRARY-CRAIG
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REVISION: 6 - PR 21 TV RECEPTACLES PROJECl: BOYNTON BEACH CITY LIBRARY
i < '?LEMENT TO DRAWING No.: 30B4E301 TLC JOB No.: 50~OB4- SCALE: 1 8";=.1'-0"
\ DATE: 10/23/06 m m-D~c:::r SKETCH No.
DESIGN: SBe 'CDCQI, FIeri>>. 82822 SKE301"6
CHECKED: SBe fAli~~lJ~: ::"-=~~m
10/30/06 MaN 16:50 [TX/RX NO 7036)
03/01/ Oi THl1 14: 35 FAX 9544366i89
SESSOMS CONSTRUCTION
~~~ LIBRARY-CR~IG
I4J017
~- SQSSOmS
~ -- CONSTR(JCTION
COMPANY, INC.
.. ---.: ' ~ ===-
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7485 Davie Road Extension · Hollywood FL 33024
Broward \.2.54) 431.7900 · Fax (954) 436~67B9
REQUEST FOR CHANGE ORDER CG CBOl134
MEMORANDUM
DATE:
November 8,2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 . BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
ReO #057, Proposal Request #28, Project Log #172
Description of Proposed Change:
Furnish & install one 10" Zurn Z199 downspout nozzle @ emergency overflow drain (RL.
D'Addio Plumbing 11/08/06 quote attached)
Reason for Change:
As requested in Proposal Request #28 (copy attached)
Additional Cost:
see! Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
secl Bond Premium (1 %):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 897
$. 45
$ 942
$ 19
$ 961
$ 10
$ 971
PROPOSED CHANGE IN CONTRACT TIME: Two (2) days
Cc: Craig Clark. Interim library Director
Bob Bonagura, P.E.
Attachment: Supplier/Subcontractor Proposal
LS/mb
G:\379 - Boynton Beach LlbrOlry\Change Orders\57\Rco #57
03/0l/0i
THU 14:35 FAX 9544366i89
SESSOMS CONSTRUCTION
444 LIBRARY-CR~IG
I4J 0 18
I II
I R. L. D'Addio Plumbing Co.~ Inc.
1125 Cr~twood Boulc:vtlrd
Lake Worth - Florida - 33460
e--mn il; !"liJll;'l'itc@hcll~'.l~\.~l1.;nPl.
PhOlle# (561) 582-5500 FllX# (561) S85~6474
CF CQ57296
vi~it OllT website at: www.rlooddiotlluttlbco.con1
CHANGE ORDER PROPOSAL
I Customer.......: Sessoms Construction Teday's date.... ....:November 8, 2006
EstilTllltor. . _ '. .: Lee Sessoms R, 'L. D. C.O.#._: NOV.02
Phone it .,..... :954-431 ~ 7900 Draw~ title.. .....:. RFP #28
Fa-x #....,. _. ...:954-436-6789 Plans dated",.. .....: 11-26.06
Job Name.,. ...:Bovnton Beach Library Architect......... ....:
Job Address. . ,:Boynton Beach En):!::inocr.., ... ......:
-----_............._--_......-_.._-----.....----_..........__..__...--~-_..._-_........._.._-......
.
~~_______________M-__--____.______~__~.______ .
Scope of work; A., per your ta.xed request dated 11.8.06 we an: submitting oUr proposal to
Furnish and Install (1) J 0'" Zurn # 2199 Downspout Nozzle @ the building wall tenninatlon of the
emergency roof drainage syst~m.
For your mtbnnation and use fmd oU!:' worksheet # Pi dated 11.8.06 dctailmg the necessary
material. equipment and labor required to :make this extra work complete,
.....Hi\~Glt OR!)t~~ PROI'OSAL~ $ 897,30
NOTE#l: Please:: notify our office:: in writing nsto tbc acceptance of this proposul so we may schedule this
extra work into the present construction schedule
....... ...._______11I"11...._________...... .........------ ...---__ ________.............. "."'''1'''1''1 ~___.._____________..._____........________________ __!"'_. ________________
R. T~, D'Adclio Plumbing Estimator: Louis O. D'Addio
Approyc:d By:
E;.:clusions: Unless as noted above. all of. Ilia follOWing are excluded; Addendu/'fls, Dewatertng. B(.Jc.'~Ji1f,
Overtime. Wiring, Cutting and Patching, DernolRemovaJ of Debri.i, Conc:refe Work, Laboratory fees,
^ 11 ~1:.r.~llI"lILS nr" <l1 n~llI{!.el\~ ~pOIl str ikCS, il1~<rli:I,\;JIIel;>, ~t;elrJOII~ nile) oth~' \lllll ,ojJuhl. ..tohIY. bcyoml DI1Q .;w.r which welw 1'0 no <onunl. An l!lI!illl;,l... "'t)cl,,",~
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D' ,;,IJio 1'IUIlIUillG, Co" fll., uIltif lillly ""ill lor.
"We al'e known by r.he Companies we ke~r>.., ,.. ....., __, no ...Servicing"
PIC-lie
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11/08/06 WED 14:18 [TX/RX NO 7128]
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11/08/06 WED 14:18 [TX/RX NO 7129]
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03 i OL'Oi
THr ~4:36 FAX 9544366i89
SESSOMS CONSTRUCTION
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~~~ LIBR~X-CRAIG
I4J 020
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1"roposal Request
,
S'CHEHK~LSRULTZ
o t:1 D J\. Ft c}o(,'.1 T'EC:r lJ"R E 0,00
PrOPQsal Request
Boynton Beach LibrarY ~ 0320802
'E\o)'l)ton 'Beach City Library
20B S. Seacmt ~lvd.
Boynton Beach, FL 33435
:
Phon~ : (561) 742.6380
Fax: (561) 742-6381
Pite : 11/6/2.006
NumbeI: 28
IlcoNumber :
~
To: Lee Sessoms
Sessoms ConstnlctioIl Co.
7485 Davie Rd. E~1:ensicn
Hollywood, FL 33024
From. ~ John Curr
Sc:henkelSlmltz.
1300N. Congress Ave
WcstPI11mBeach. FL 33409
P1C1l6e $.u'bIJJit il1I itemized quotation for cb;,nges in the Ccntra~t Suin nndlor rimes inl::idcntlll to pJ;O'poSll:'d modificatioN to
thE COIltnr;t Documents described hcttin.
Tl'iIS IS NOT A CHANGE ,ORDER NOR IS rr A DlB.ECnON TO "PROCESl> WITH THE woIUt DESCRIBED
H:EREIN,
JDi._
DescriptiOTl
Downspout No'Z:t.l11
-
.
NQbs
Furnish..md install Zurn. Zl~9 Dow.Dspout nczzlo at cmegcnc)' overflow drain
Cut Sheet:! nttached
Attachments
T~
Initiated by:
O'o'lllcr
I [7
--
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J 0 bII Om
SCHENKELSHOLTZ
'.. ./1._ __I .dll' "Y/Jpr.ml'\nn~/nflwPR.aStl?Action=PRINT&PARAlId;COMMlD:l00;MOD... n/6/2006
11/07/06 TUE 14:14 {TX/RX NO 7104J
0,3/01/07., THU 14: 36 FAX 9544366789
SESSOMS CONSTRUCTION
~~~ LIBRARY-CRAIG
I4J 021
. Sessoms
..~ CONSTRUCTION
~ COMPANY, INC.
. "" ::: : ,-
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7485 Davie Road Extension · Hollywood FL 33024
Brojy,~d.. (2211) 431-7900. Fax (954) 436-6789
REQUEST FOR CHANGE uttDt:.R CG CBOl 134
MEMORANDUM
DATE:
December 12, 2006
TO:
Sam Ferreri, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEAcH CITY LIBRARY
Bid #017-2610-04/CJD
ReO #063, Project Log #179
Description of Proposed Change:
Raise drainage pipe between structures #7 and #8 due to conflict with FPL line (Omega
Underground 12/11/06 quote attached)
Reason for Change:
As directed in RFI #109 response (copy attached)
Additional Cost:
seel Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
seel Bond Premium (1%):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 865
$ 43
$ 908
$ 18
$ 926
$ 9
$ 936
PROPOSED CHANGE IN CONTRACT TIME: FivB (5) days
Cc: Craig Clark, Interim Library Director
Bob Bonagura, P,E.
Attachment: Supplier/Subcontractor Proposal
LS/mb
G:\379. Boynton Beach L1brary\Change Orders\63\Rco #63
OJ/OliOi THU 14: Ji FAX 9544J66i89 SESSOMS CONSTRUCTION
ltOt~ VN ^~/~~J G~'~l NUW ~V/II/GI
~~~ LIBRARY-CRAIG
I4J 022
4i& N.E. 10th streGt
Bact Raton. Fl 33432
Offiea (954) 596--9935
F8X(9S4)~281iB84
UNDERGROUND INC.
TlA-~ 11. '2006
Lane Mo1an.ey
~ Construc1iOl1 Cn~, 1M,
7485 Davie Road Exteosion
Hbllywood.. Florida. 33024
RE: Bo)'tIIDn Sc:ach City Library
ClWIae Ordc:r: Req,uest
Deur 1.ane.
This letter ahJ1l ~ as a ~ 0. ~ tin the dramago pipe c:n~ /liC!t wi1h thD FPL line at
tbc above ~ project. Pm- Rf'! #109, tI;l nQse the mm.e pi~ 211 betw=n struc1urell #1
SI1d #tl Ih= opelliDp in the ~ wm b4Wl fI) he ~~Uicd in three lcl:alions.
DR.AlNAGE~~D ll~ CONFLtcr -rSTRUcnJllg MQrPmJ CATIQN
j Saw Cur s~
Brick _ Cclmcm
I..abor
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p~ fotward a c:baDge Older in d:le CIOunt ot SI65.flO a:nd. do DQI: h=liti ~ 'tD CD!JDtc:t mt;
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REQUEST FOR INFORMATiON
7dAS C3\li~ f(.Olld ~te.n$IQn * Hl:I1\ywco.d 11 ~'!oCl~'
1!~a'W.Td (954) 4'1..19OD · FB (9~l a &.6719
C.Ci l1J4
TO~
John Carr '
SCMENKl5l.SI-lULTZ ARCl'(rreeru~
,aQa Nllllth Co"~ A.wmtJa
W~Clt Palm Slr8,d'I, FL 3340;
Jce Nca.:
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t:lA.TE 1I'lPQ~MA"fON REQUIR5D! /i.$14P
CA.TEGORY:
In(Qrma~cll'l not ~hown 0" Cantrael Or8,.ln915
In(e/'TKeUlfiCln cr.Ctlnb'attl. Dmwlmlli
~l'Ifll~ In CRhtraet.lbqultctTIent
x. C:CQn:lih:atlon problem
p~!ed: LOQ .
..
J:tSFEReHCE:
Contr_ct Dt"2rwing Re1'8rel'l"l
----::. S"'C1~ DI'JIWVlIiP ~rrferenCllli
Specl1ll:lidion Rem~nc;e
Olt\itf'
DescRIFno~:
Attach,=cl is Omega UnckBtl;IrD~nQ'& ,2IDoCIoe TnRmC t9gI!Il!ilns canftiClt w)\h dftliNigCl ~j~o 1I!1'Id. F!PL llrle betw n
9.\rUctl.ll'~ #fill. #S. A !'eIllaIUUl;ln Is n~DC!"'t$,
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POMlrrg y~~r I"'SF')' ~'" lLI'1I ,,~iI'1D lot foll~wl!I: ...
A-
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BY; L.ae SlJnl:lms~ V1~e PruldlUll
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ANSW5R.eD B'1':
lOC:
crilll1 e\:rrli!. Interim l.ibl'1:ll'Y Dlrec'lnr
f"lft BD~ura. Erigtr1gcrln" De~
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l2/0G/06 WED 08:10 [TX/RX NO 7357]
03/0l/0i THU 14:Ji FAX_~?11~.!>.EJl9
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SESSOMS CONSTRUCTION
~~~ LIBRARY-CR~IG
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L.OQl"ION. CONT~CTO~ TO flJI!L.tl
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P~IOFi 10 INsrA,I.i,./iQ '8' STORMSEW~
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BOYNTON eE.A.C~ L/SAAR,Y
COMMENt:
RAISE! SToRloJ PIpE 9IHWGEN
fiTI'\\JCTUFilIG O..tl, AN~ b.oe
A.Pl"F10X!r$'Tml'l'2oFTiO/t,VOID l:"~ PE.
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12/06/06 WED 08:10 [TX/RX NO 7357]
(1 :; , (Jl : (1 i THU 14: 31 F..:\...\: 9 5 44 :} 6 67 8 9
SESSOMS CONSTRUCTION
~~~ LIBR~RY-CRAIG
l4J 002
.... ~!~T~~m~
. ' COMPANY, INC.
--.:
:; -=- ~
7485 Davie Road ExtenSion · Hollywood FL 33024
Broward (954) 431 -7900 · Fax (954) 436-6789
REQUEST FOR CHANGE ORDER CG CBOl134
MEMORANDUM
DATE:
November 15, 2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
ReO #059, RFI #86, Project log #141
Description of Proposed Change:
Fumish and install four Falcon 1000 waterless urinals (R.L. D'Addio Plumbing quote
attached)
Reason for Change:
As directed in RFI #86 response and Proposal Request #17 (copies attached)
Additional Cost:
seel Oyerhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
SCCI Bond Premium (1 %):
PROPOSED CHANGE IN CONTRACT AMOUNT:
PROPOSED CHANGE IN CONTRACT TIME: Eight (8) days
$ 2,206
$ 110
$ 2,316
$ 46
$ 2,362
$ 24
$ 2,386
Cc: Craig Clark, Interim Library Director
Bob Bonagura, P.E.
Attachment: Supplier/Subcontractor Proposal
LS/mb
G:\379 . Boynton Beaoh Ubrary\Change Orders\59\Rco #59
0.1:01:07 THU 1.;1:.)1 FAX 9544.166789
SESSOMS CONSTRUCTION
......-> LIBRARY-CRAIG @ 00.1
t-oc) N \
R. L. D' Addio Plumbing Co., Inc.
1125 Cr~tuiood Boul(MU"d
Lake Worth - Florida - :33460
c-In!li1: pi'Perhe(tiJbel1~('Juth .ner.
COf:,l
Phonc:# (561) 582-5500 Pari (561) 585-6474
CF COS72915
visit cur wC'bsiLe lit: www.rtdadciioplurnhr:C1.,9pn1
CHANCE ORDER PROPOSAL
Customer"... ..: S~oms Construction
Eslimator......: Lee Sessoms
Pbone# .......:954431-7900
F:u; #....,.., ...:954..436-6789
Job Nllme,.....:Bo on BcachLibr
Job Address. ..:Bo ton Beach
. Tocl.a 's date........~ S tembcr 18. 2006
R.. L. D. ,C.O.#....: SEPT. 09
Prawio title.. .....:. Site Visit
Plans dated..., ...,..:
Architect....,... . ....:
'En ' cer............:
.. ' .
---~--~~~.~"~~- ------------------------------------..----------------------------~~---~--------~.---------------------~~-
s.cq"e ~f work: As pel' yo u.r reqLlest~ fullowing is cur proposal to fittnish (4) SlolJ11 #WES-l 000 water
free urinals (See Attached)
Material: (4) Sloan #WES 1000 Urinals @ $ 421.00/ Cli.
$ 1,708.00
General Support @ 3% of Cost $ 51.24
Plant &: Equipment @ 2 Yi % ofCo~t $ 42.70
'lerical Support I Supplies @ 2 % % of Cost $ 42.70
..:.xpense I Cartage @2 lh% ofMatcrial $ , 42.70
Accounting @ 1 % of Cost ~ ,)1:.Q8
$ 196.42 ~
S;
Profit @ 10% $
$
, 6.5% Tax on Material $
Amount of This Change Order- Payment RequestS
196.42
1 ,904.42
190.44
2,094.86
1 11.02
2~20S.88
GHANcm ORnER.lBQ)Jr~A. r ,~ S 2,205.88
NOTlf,#l: Please notify our, ofll.ce in writing as to the acceptance ofthis proposs,} so we may schedule this
extra work into the present construction sc:hedu'lc
R. L. D' Addio Plumbing Estim.:ltor: Louiti G, JYAddio
-------.__.~......M~*~__.___._____.__________________________----------------------~--~~"......_.-~--------~w___________________
Approved By:
Exclusions: Unless as noted above, all of the following al"{! axchtded: Addendum.~. Dewatering, Back;fill,
Overtime, Wiring, Cutting and Patching. Demo/Removal of Deb,!.I', CrJnCi'ete Work. Laboralory fees.
All 'gl\::..ln\llUS AI\! ~l'"rfl\e.t'\lf Uf'''" ~ll'U<'Cl\, Intl:P'll.r""oc, .",cldC:l1lft IIhd IIlh", Ilh~""'r1Dhlg dc:I:lYII beyond mid OVcIl' which w.. M..... 110 onnlrol. 11.11 milllnl'" T"n<J"",.,J
""olu"ve ofroc.k C\llI..uliun. E~1.itllMe 1$ gl\od 101' In dny$ li'Ql11 nl'llvc dot,D. AlIl1lnl"llin\lllllll! "~lltipmO'lll deliyered or In:<ti'llh:d .h~lll'cjlll,in In Ihc: tlLllllc ,,1' K. L
D' 1<.1<1i" rl\lmbln~ Co,. tnc, until tUlly rmJd lbr.
"Tf'e are known hy tht> Companies we kt!./!,p... ,., ... ._....... ,..Servic:inS"
PIC-_
cernAED
09/19/06 TD~ 07:12 [TX/RX NO 6682)
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST
for
Boynton Beach City Library
Exhibit B
Construction Schedule
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CIlr-.:r:
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST
for
Boynton Beach City Library
Exhibit C
Monthlv Status Report
,_.<_,';""'~~~""';""';;"W'
Monthly Status Report: March 2007
Boynton Beach City Library
To: Mayor and City Commissioners
From: Library Project Team (Owner/Architect/Contractor)
Project Status Narrative:
The project construction is continuing, The roof membrane is complete, less
flashings. All windows and doors are installed and the building stucco work is
being completed. All interior ductwork is complete, HV AC units are set, and
electrical wiring is underway. Interior drywall is underway,
Project Schedule:
The project's anticipated schedule of substantial completion is for late May of
2007 based on the delays, The contractor is in the process of providing
documentation of their delays for evaluation.
Project Issues:
1, Contractor has signed all subcontractors
2, Value Engineering (VE) analysis is complete and incorporated in change
orders.
Owner Equipment:
Voice & Data Wiring
Voice & Date Equipment
Wireless Equipment/Switches
Public Address (P A) System
Burglar Alarm System & Wiring
Access Door Control System (4) Doors
Book Drop
Digital Video Security Management System
TOTAL
Proiect Cost to date:
Contract Amount:
Change Order No, One:
Change Order No, Two:
Change Order No Three:
Change Order No Four:
Change Order No. Five
Change Order No. Six
Change Order No. Seven
Total Contract to Date:
Contingency:
Owner Equipment
Direct Purchase/Savings
Total estimated Contract
% Over Original Bid
As of 11-06
$5,727,485.00
$ 189,963,00
$ 85,615,00
$ 171,902.00
$ 462,328,00
$ 441,517.00
($ 396,137,52)
$6,682,672.48
$ 50,000.00
$ 137,137.00
$ 367,780.00
$7,237,589.48
21.0%
$36,693
8,590
21,245
2,625
15,900
7,200
6,000
38,884
$137,137
As of 03-07
($ 12,620,00)
$ 6,670,052.48
$ 50,000,00
$ 137,137.00
$ 367,780.00
$ 7,224,969.48
20,8%
Status
approved
approved
approved
approved
approved
approved
pending
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST
for
Boynton Beach City Library
Exhibit D
Chan2e Order L02
Boynton Beach Library 1 of 2
Change Order Log
3/5/2007
Description Date Commision Approved Change Order # 7 Owner Furnished Equip,
CO 1 Extended General Conditions 5/3/05 05/11/06 189,963,00
C04 Extended General Conditions 05/11/05 99,990,00
CO2 Underground electrical conduit for civic cent{ 07/25/06 85,615,00
C03 Prestressed Concrete cost escalation 11/02/05 171,902.00
C04 Building Dept Revisions underground 11/01/05 8,519,00
C04 Structure Complete 11/11/05 100,854,00
C04 Subcontractor time delay coiling shutters 11/11/05 2,959,00
C04 Subcontractor time delay signage 11/11/05 713.00
C04 Subcontractor time delay Plumbing 11/11/05 (1,929.00)
C04 Subcontractor time delay HV AC 11/11/05 76,789.00
C04 Subcontractor time delay Fire Protection 11/11/05 4,760.00
C04 Electrical Escalation 11/08/05 21,OnOO
C04 Structural Steel 11/10/05 148,596,00
CO 5 Underground Plan Rev Dated 7/14/05 05/10/06 4,509,00
CO 5 Caulking and Waterproofing 02/20/06 207.00
CO 5 Drywall / Stucco 02/20/06 127,964,00
CO 5 Glass / Glazing 03/03/06 49,844,00
CO 5 Bldg Dept / PR # 3 03/03/06 16,895.00
CO 5 Additional Survey 04/21/06 325,00
CO 5 Layout of unknown Bellsouth underground 04/21/06 1,082,00
CO 5 More Survey 04/21/06 1,082,00
C05 Temporary Entry Demolition 04/26/06 31,301.00
CO 5 Flooring Carpet VCT Ceramic Tile 06/07/06 10,695,00
C05 Expansion Joint Cover 06/13/06 286,00
CO 5 Cabinets Casework 06/09/06 0,00
CO 5 Built up light Weight / Metal Roofing 06/09/06 87,778,00
CO 5 Acoustical Ceiling 06/05/06 21,439.00
CO 5 Painting 06/01/06 32,027,00
CO 5 Display Cases 06/13/06 4,120,00
CO 5 Toilet Partitions 02/02/06 1,472.00
CO 5 Storage Shelving 06/13/06 3,182,00
C05 Media Center Equipment 06/09/06 2,524,00
CO 5 Appliances 06/13/06 522.00
CO 5 Window Treatment 06/01/06 614,00
C05 Site issues 06/13/06 20,984,00
C05 Irrigation 06/13/06 6,199.00
CO 5 landscaping 12/13/06 4,949,00
CO 5 Chalk and Tackboards 06/13/06 239,00
CO 5 Flag Pole 06/13/06 96,00
CO 5 eleva tor 06/05/06 1,325,00
CO 5 Operable Partition 06/13/06 795,00
CO 5 Floor mats 06/07/06 764.00
CO 5 Doors & Frames 06/13/06 8,298,00
Approved to Date $1,351,325.00
PR8 Delete Asphalt 03/24/06 Ammended PR 25
PR 10 Remove Drive Through 04/25/06 ($32,413.00)
PR 13 Drive up Book Drop 07/25/06 incl in PR 10
PR 17 Falcon 1000 Waterless Urinals 09/18/06 $2,388.00
PR 21 Data Information Kiosk 09/21/06 $1,647,00
PR23 HV AC Trouble Alarm 10/10/06 $5,161.00
PR25 Parking Lot Islands 10/20/06
PR26 Permit Fees Reduction 11/13/06
PR27 Beam changes 11/17 /06
PR28 Add Downspout Nozzle as Req by Owner $971.00
Addional Builders Risk 11-12-06 to 01-21-07 $8,690,00
Drainage Change due to FPL conflict $936,00
AS! 6
,'\SI7
AS! 8
Casework/GWR
Trellis
Reference Desk
Voice and Data Wiring
Voice & Data Equipment
Wireless Equipment/Equipment
Public Address System
Burgler Alarm System & Wiring
Access Door Control System (4) Doors
Digtial Video Security Management System
Book Drop Box
Totals by /\ctivity
Boynton Beach Library
Change Order Log
3/5/2007
08/25/06
09/08/06
09/08/06
06/14/06
06/14/06
06/14/06
06/14/06
06/14/06
06/14/06
1,351,325,00
The Original Contract Sum was
Net Change by Previous Change orders
The Contract Sum prior to this change order was
The Contract Sum will increase by this change order in the a
The new contract Sum will be
5,727,485,00
1,351,325,00
7,078,810,00
(12,620,00)
7,066,190.00
Owner Furnished Equipment
Direct Purchase (Tax Saving Program)
Const. Contract + OFS + DP
137,137,00
349,895,00
7,416,085,00
2 of 2
($12,62000)
$36,693,00
$8,590,00
$21,245,00
$2,625,00
$15,900,00
$7,200,00
$38,884,00
$6,000,00
$137,13700
5,727,485,00
$955,187,52
$6,682,672.48
($12,620,00)
$6,670,052.48
13,137,00
$349,895,00
$7,033,084.48
VI.-CONSENT AGENDA
ITEM C.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 5, 2006 November 20,2006 (Noon.) D February 13, 2007 February 5, 2007 (Noon)
D January 2, 2007 December 18,2006 (Noon) D March 5, 2007 February 20, 2007 (Noon)
D January 16, 2007 January 2, 2007 (Noon) [8J March 20, 2007 March 5, 2007 (Noon)
D February 6, 2007 January 16, 2007 (Noon) D April 3, 2007 March 19,2007 (Noon)
n
c::> CJ -1
-J ~-<
D City Manager's Repotn: -~ 0
D ;p... ., -rt
New Business :::0 --en
I ''10
[8J Legal -J ;TJ -<
~-.....
o Code Compliance & Legal Settlements 0 UnfInished Business ~ :.f) ~
D Public Hearing 0 .::- ~:;z:
RECOMMENDATION: Please place this request on the March 20, 2007 City Commission Agenda ~der ~ent
Agenda. Staffrecommends that the accompanying Resolution No, R06-_ be approved thereby authorizingiibe CJtl)l~
Manager and City Clerk to execute an agreement for professional planning services between the City and Mr. Dick Hu&;ft;n,
for an annual amount not to exceed $61,000. For further information, please see the attached resolution and contract.
Announcements/Presentations
NATURE OF
AGENDA ITEM
o
D
[8J
Administrative
Consent Agenda
EXPLANATION: The State has found the City's Evaluation & Appraisal Report (EAR) in "compliance", thereby
starting the time clock of 18 months for completing the next step in the required maintenance of the City's Comprehensive
Plan, the EAR-based amendments, A second long-range planning task to be encountered is the updating of the Capital
Improvements Element (CIE), Both projects are required by the State, with deadlines for completion being mid-2008 for the
EAR-based amendments and late summer for the CIE. Completion of these projects will require a full staff and proper
prioritization of work efforts. Due to the lack of qualifIed and available senior planners to fIll the vacancy generated by a
retirement, the senior planner position has remained vacant for over 1 year. Prior to retiring, Mr. Hudson worked for the city
for 6 years, increasing his management/senior-level experience in comprehensive planning to over 15 years. This opportunity
to use Mr. Hudson in this capacity will result in cost savings, prevent further delay in initiating important projects, and will
facilitate completion of these projects with the beneficial experience and insight typically provided by in-house staff. A draft
work program has been prepared for use as the scope of services in the contract. The contract is proposed with an extension
clause allowing it to renew automatically unless terminated by either party after a minimum 30-day notice.
PROGRAM IMP ACT: This will allow for the completion of extensive, mandatory long-range planning projects, in a cost-
feasible manner, without impact on other work efforts or the timely processing of privately-initiated applications.
FISCAL IMPACT: Funds available through the use of unspent personnel funds (Acct. No. 2414-515.12-10) that have
accumulated while the position remained vacant.
ALTERNATIVES:
described Comprehens'
Ity Manager's Signature
ssistant to City Manager CJn{./
lC/4 L
Planning and Zoning Dir~
S:\Planning\SHARED\WP\Personnel\Agenda Item Request contract Dick Hudson 3-5-07,doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
'"
-",
City Attorney I Finance
1
2 RESOLUTION NO. R07-
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING THE CITY MANAGER AND CITY
7 CLERK TO EXECUTE AN AGREEMENT FOR
8 PROFESSIONAL PLANNING SERVICES BETWEEN
9 CITY OF BOYNTON BEACH AND ORRAN (DICK)
10 HUDSON; AND PROVIDING AN EFFECTIVE DATE.
11
12 WHEREAS, the City Commission of the City of Boynton Beach, upon
13 recommendation of staff, deems it to be in the best interests of the citizens and residents of
14 the City of Boynton Beach, to enter into an agreement with Orran (Dick) Hudson to provide
15 professional planning services, and to authorize the City Manager and City Clerk to execute
16 said Agreement;
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
19
Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
20 ratified and confirmed by the City Commission,
21
Section 2.
The City Commission of the City of Boynton Beach, Florida does
22 hereby authorize and direct the City Manager and City Clerk to execute an agreement
23 between the City of Boynton Beach and Orran (Dick) Hudson to provide professional
24 planning services, a copy of which Agreement is attached hereto as Exhibit "A".
25
Section 3.
This Resolution shall become effective immediately upon passage,
S:\CA\RESO\Agreements\Dick Hudson - Independent Contractor.doc
"","..;,..."""~",,,,,,;-4~~",,,,,.,,,,,,,,.,;.,,,,~~,..,,..,,.,_,,,,,.,.,,,,,,.,..
PASSED AND ADOPTED this _ day of March, 2007.
2
3
CITY OF BOYNTON BEACH, FLORIDA
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 ATTEST:
20
21
22
23 Janet Prainito, City Clerk
24
25 (Corporate Seal)
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S:\CA\RESO\Agreements\Dick Hudson - Independent Contractor.doc
AGREEMENT FOR PROFESSIONAL SERVICES
The following is an Agreement between the City of Boynton Beach, hereinafter referred to as
"CITY," and Orran (Dick) Hudson, hereinafter referred to as "CONTRACTOR."
WHEREAS, CONTRACTOR is a duly certified professional in the field of urban planning.
WHEREAS, in the judgment of the City Commission of the City of Boynton Beach, it is necessary
and desirable to employ the services of CONTRACTOR to assist the City with completing long-range
planning tasks as required by the State for maintaining the City's Comprehensive Plan,
PART I - SPECIAL PROVISIONS
A, LONG-RANGE AND OTHER PLANNING SERVICES: Contractor will lead and/or
contribute to responsibilities of the Planning & Zoning Division and complete work products as described in
EXHIBIT "A" attached hereto,
B, PAYMENT: CONTRACTOR'S compensation for services described above shall be at a
rate of $29 per hour, and limited to a maximum of $61,000 per year. A monthly fee invoice shall be
submitted by CONTRACTOR at the first of each month. The CITY shall reimburse the CONTRACTOR for
travel expenses authorized by the CITY, subject to the limitations and requirements of Section 112.06 L
Florida Statutes.
PART II - GENERAL PROVISIONS
A. ASSIGNMENT AND DELEGATION: Contractor may only aSSIgn or delegate duties
pursuant to this agreement as described in Part I.
B. STATUS OF CONTRA.CTOR: The parties intend that CONTRl\CTOR, in performing the
services hereinafter specified, shall act as an independent contractor and shall have control of, or contribute
to the work as described in Exhibit "A". CONTRACTOR is not entitled to participate in any pension plan,
insurance, or other regular benefits CITY provides its employees.
C, METHOD AND PLACE OF GNING NOTICE, SUBMITTING BILLS, AND DELNERY
OF WORK PRODUCTS: All notices, bills and work products shall be by personal delivery as arranged
between City and Contractor. When necessary, other communications should be addressed as follows:
CITY:
Michael Rumpf
Planning & Zoning Director
City of Boynton Beach
100 E. Boynton Beach Blvd
Boynton Beach, FL 33425
561-742-6260
CONTRACTOR:
Orran (Dick) Hudson
2932 Florida Boulevard
Delray Beach, FL 33483
561-265-1205
D, NON-DISCRIMINATION: CONTRACTOR shall comply with all applicable federal, state,
and local laws, rules, and regulations in regard to non-discriminations in employment because of race, color,
ancestry, national origin, religion, sex, age, marital status, medical condition, or physical or mental disability.
"'~""'",'*"-$'''''''';'''~..IJ
JiW~~>(~f.ol~",~,,",,.,"+,,,,,,4,.:"'"
E. CONFLICT OF INTEREST: CONTRACTOR is aware of the conflict of interest laws of the
Municipal Code of the City of Boynton Beach and the State of Florida, Chapter 112, Florida Statutes, as
amended, and agrees that it will fully comply in all respects with the terms of said laws.
F. TERM OF AGREEMENT: The term of this contract shall be March 21,2007, for one year,
and shall automatically renew for subsequent one-year terms thereafter unless either party terminates the
contract with a minimum 30-day notice.
G. JURISDICTION: This Agreement and performance hereunder and all suits and special
proceedings hereunder shall be construed in accordance with the laws of the State of Florida. In any action,
special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason
of this Agreement, the laws of the State of Florida shall be applicable and shall govern to the exclusion of the
law of any other forum, without regard to the jurisdiction in which the action of special proceeding may be
instituted.
H. VENUE: Any and all legal action necessary to enforce this Agreement will be held in Palm
Beach County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Kurt Bressner, City Manager
City Clerk
CONTRACTOR
Witnesses:
Orran (Dick) Hudson
S:\Planning\SHARED\WP\Personnel\Contractor agreement - Hudson.doc
2
EXHIBIT A: DESCRIPTION OF PLANNING SERVICES
I. PREPARE FINAL DETAILED WORK PROGRAM FOR COMPLETION OF EAR-
BASED AMENDMENTS TO GUIDE TIMEL Y APPROVAL AND TRANSMITTAL
FOR STATE REVIEW.
To be completedwitliin 15 working 'days of execution of the agreement for services.
II. OVERSEE COMPLETION OF EAR-BASED AMENDMENTS
Overview of elements to be amended per the EAR:
· Future Land Use element
· Transportation Element
· Utilities Element (Sanitary Sewer, Stormwater, Potable Water, Natural
Groundwater Aquifer Recharge and Solid waste)
· Conservation Element
· Recreation and Open Space Element
· Housing Element
· Coastal Management Element
· Capital Improvement Element
School Element ursuant to inter-local a reement with District
>-
The contractor shall perform or oversee the followiD!! specific tasks:
For all elements (timeline~consistentwith delivervdates,for each element)
1. Draft amendments which are mandated by legislative changes in 163, F.S. and
Rule 9-J.5 adopted subsequent to the 2001 EAR-based amendments;
2. Propose policy amendments to represent current City vision/direction;
3. Review the Plan against the goals generated from the 2006 Boynton Beach
American Assembly; draft changes if appropriate;
4. Review all policies to determine the planning horizon for each, as applicable:
short term (5 years), or long term (up to 20 years); and
5. Review all Plan policies for internal consistency, particularly with the Capital
Improvements Element.
In addition to Tasks 1-5. the policy review will include:
For the Future Land Use Element:
· As per state requirement, research and draft policies regarding intensity
standards for the Public&Private GovernmentJInstitutional, Recreational and
Conservation land uses.
· Conduct appropriate analysis and draft amendment to policy 1.16.1 regarding
uses permitted in the Industrial and General Commercial land use
classifications.
· Review and amend policies based on the 1989 study for "appropriate" amount
of residential and non-residential uses; replace with policies representative of
the City's built-out status; draft policies guiding land use amendments from
residential to non-residential, especially industrial.
· Amend Policy 1.16.1 to add a DRI land use
· FLUM amendments
~,",,,",..,,,,,~,~:.:,:">jO!~~~\i.~"'_~*";",..,,,.,.:,.;,;;<,,;,,,..,~;
. Evaluate the feasibility of remoYing the "agriculture" land use from the
city FLUM
. Reclassify the Quantum Industrial Park from Industrial to DR! land use
o Complete application
o Draft staff report with appropriate analysis
o Draft policies governing this DRI for Objective 1.24
. Process similar reclassification for the Boynton Mall property.
Timeline: Dr
Qua
com
co
by July 1st, 2007.
'alL Quantum:
7; Boynton Beac
07.
For the Coastal Element:
. Provide analysis for elimination of Objective 7.12, committing the City to
minimizing population concentrations in the coastal high-hazard area, and draft
replacement policies that balance the city's redevelopment vision with state
policies that limit densities in coastal areas.
For the Utilities Element:
. Wastewater treatment capacity has been determined to be a "Major Issue" for
the city. Work with Utilities Department to draft policies describing long-term
strategies.
. Amend/add policies under Objectives 3A.4, 3C.l and 3C.4 to address the
sources of funds for capital improvement for sewer and potable water facilities
and long-term financing of any deficiencies (such as substandard water lines
identified in Policy 3C.2.5).
. Add long-term policies to Objective 3B.l to address deficiencies in stormwater
drainage facilities and the update of the city's drainage master plan.
Timeline: Deliver drafts of Coastal and Utilities elements by August 1,2007.
For the Transportation Element:
. Review existing TCEA policies for consistency with 2005 legislative changes and
draft amendments as necessary.
. Draft a policy on proportionate fair-share mitigation and changes to other
concurrency-related policies to assure consistency.
Timeline: Draft to be delivered by September 1,2007.
For the Recreation and Open Space Element:
. Review the draft of the R&OS element approved as a part of the Recreation
Department's Strategic Plan. Review the long-term feasibility of the proposed
level of service for developed parks, and propose necessary policies or policy
amendments.
Timeline: Draft to be delivered by October 1,2007.
For the Housinl! Element:
. The lack of affordable housing has been recognized as the other "Major Issue"
in the EAR. Draft policies that further the City's work-force housing initiative
(amendments to Objective 6.1).
2
· Review Objective 6.2, committing the City to eliminate substandard housing by
year 2002. Work with the Community Improvement Department, providing the
data and adding long-term policies if appropriate.
· Review Objective 6.3 with respect to the City's commitment to address housing
needs of very-low income persons. Work with the Community Improvement
Department, providing the data and adding long-term policies if appropriate.
· Review Objective 6.4 requiring the City to allow for adequate sites for mobil
homes. Provide a brief feasibility analysis, amend or eliminate objective
accordingly.
Timeline: Draft to be delivered by November 15, 2007.
For the Capital Improvements Element:
· Work with City staff to develop a capital improvement schedule pursuant to
new DCA requirements:
· Review current and projected LOS
· List all concurrency-related CI projects ( 2(07)
· Develop projections for city's revenues and expenditures (by Jqne1,
1..QQ7)
· Develop tables demonstrating fiscal feasibility of projects (bjriA,ugustl,
2007)
III. PROCESS OR OVERSEE THE REVIEW OF APPLICATIONS FOR AMENDING
THE COMPREHENSIVE PLAN.
. JiY tluetuate'by 15-30 days, depending on the data availability and other
rs.
S:\Planning\SHARED\WP\SPECPROJ\EAR\EAR-based amendments\EAR Amendments Scope of Work (2).doc
3
VI.-CONSENT AGENDA
ITEM C.5
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\tl
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18,2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon)
0 January 16, 2007 January 2, 2007 (Noon) ~ March 20, 2007 March 5, 2007 (Noon)
0 February 13,2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon)
0 Announcements/Presentati ons 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve Resolution No. R07-_ expressing opposition to Florida House Bill 529 known as the
"Consumer Choice Act of 2007" (H529), urging Florida Legislative Representatives to refrain from any form of support or
co-sponsorship of H529 and to vote in opposition to H529. Also, request Governor Crist to advise the House and Senate
leadership that he does not support H529 during the 2007 regular session and directing that this resolution be forwarded to
Florida Governor Crist, the Palm Beach County Legislative Delegation, the Mayor of each municipality in Palm Beach
County, the leadership of the PBC League of Cities, the leadership of the Florida League of Cities and each member of the
PBC Board of County Commissioners,
EXPLANATION: On January 23,2007, Florida House Representative Anthony Traviesa introduced the Consumer Choice
Act of2007 (H529) which will eliminate local government franchising for video television services, Rep. Traviesa
introduced a similar bill (Hl199) in 2006 which failed due largely in part to opposition from municipalities and the League of
Cities. Mayor Jerry Taylor received a request from Deputy Town Manager Thomas G. Bradford to join the Town of Palm
Beach in passing this resolution and forwarding to other governing agencies in order to express opposition to H529.
PROGRAM IMPACT: The Consumer Choice Act of2007 (H529) would eliminate local cable franchising authority. The
Florida Department of State would be the authorizing authority for state-wise franchising of cable and video service
providers. If the Consumer Choice Act of2007 is passed, the impact to local government would be as follows:
. The Department of Agriculture and Consumer Services would receive all customer service complaints, eliminating
local governments' ability to enforce customer service and consumer protection.
. Local governments would lose the ability to ensure that the public is compensated for use of public right-of-ways.
. Both the Department of State and local governments would be prohibited from imposing build-out, construction and
deployment requirements. We would no longer be able to ensure appropriate placement of antennas and cell towers.
The prohibition of economic red-lining of services would be eliminated.
. The amount of capacity to meet government "PEG" access needs would be potentially reduced.
. Local government ability to obtain capital support for "PEG" would be eliminated.
FISCAL IMPACT: The City of Boynton Beach would lose funding from the local cable service provider for the proposed
government access channel, BBTY 18.
A L TERNA TIYES: Not to pass resolution opposing the Consumer Choice Act of 2007 (H529).
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
1
1/..1
,;i(U:ivt1IJu.,,~/,-
City M~nager's Signature
Assistant to City Manager ~
t4- fJ1~~s Df-ACL/
epartment Name
I., [JUIU'TIN\JOR\1S\AGEt'\DA ITEM REQUEST rORMDOC
." ""'~'-_'~"''';''":'';;' -"'I!:N T"" .'.... .~~~,,',.~..",. -'.,
City Attorney / Finance
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, EXPRESSING OPPOSITION TO HOUSE
5 BILL 529 KNOWN AS THE "CONSUMER CHOICE ACT OF 2007"
6 (H529), URGING FLORIDA LEGISLATIVE REPRESENT A TIVES
7 TO REFRAIN FROM ANY FORM OF SUPPORT OR CO-
8 SPONSORSHIP OF H529 AND TO VOTE IN OPPOSITION TO
9 H529, REQUESTING GOVERNOR CRIST TO ADVISE THE
10 HOUSE AND SENATE LEADERSHIP THAT HE DOES NOT
11 SUPPORT H529 DURING THE 2007 REGULAR SESSION AND
12 DIRECTING THAT THIS RESOLUTION BE FORWARDED TO
13 FLORIDA GOVERNOR CRIST, THE PALM BEACH COUNTY
14 LEGISLATIVE DELEGATION, THE MAYOR OF EACH
15 MUNICIPALITY IN PALM BEACH COUNTY, THE
16 LEADERSHIP OF THE PALM BEACH COUNTY LEAGUE OF
17 CITIES, THE LEADERSHIP OF THE FLORIDA LEAGUE OF
18 CITIES AND EACH MEMBER OF THE PALM BEACH COUNTY
19 BOARD OF COUNTY COMMISSIONERS; PROVIDING AN
20 EFFECTIVE DATE.
21
22
23 WHEREAS, on January 23, 2007, Florida House Representative Anthony Traviesa
24 introduced the Consumer Choice Act of 2007 (H529); and
25 WHEREAS, the bill prohibits municipalities and counties from negotiating terms and
26 conditions from cable and video service providers wishing to do business within the local
27 governments' jurisdiction in the future; and
28 WHEREAS, the bill deletes authorization for municipalities and counties to award cable
29 service franchises and restrictions that require cable service companies not to operate without
30 such franchise; and
31 WHEREAS, the bill designates the Florida Department of State as the authorizing
32 authority for state-wise franchising of cable and video service providers, but prohibits the
33 Department from imposing build out, construction, and deployment requirements on cable and
Page 1 of 3
S:\CA\RESO\Opposition to HB 529.doc
video certificate holders; and
2 WHEREAS, the bill requires the Department of Agriculture and Consumer Services to
3 receive all customer service complaints thereby eliminating citizen ability to seek remedy of
4 complaints via their local government; and
5 WHEREAS, the bill establishes requirements and limitations on municipalities and
6 counties relating to access to public right-of-way; and
7 WHEREAS, the bill prohibits municipalities and counties from imposing any additional
8 requirements on cable and video certificate holders; and
9 WHEREAS, the bill would deprive municipalities and counties of the authority to
10 establish and maintain government owned and operated networks, known as institutional
11 networks, that may be utilized by first responders and other government officials in the day-to-day
12 management of local government business; and
13 WHEREAS, the bill would potentially reduce the amount of capacity which may be
14 required by local governments to meet their public, educational, and government "PEG" access
15 needs, while stripping local government of the ability to obtain capital support for the use of PEG
16 capacity with the result that the communities' cable-related needs and interests may not be met;
1 7 and
18 WHEREAS, the bill would deprive local citizens of the ability to address local issues
19 locally, by removing to the state all customer service issues; and
20 WHEREAS, the bill would ultimately preempt all local authority over the provision of
21 cable and video services within the community, including the ability of the local government to
Page 2 of3
S:\CA\RESO\Opposition to HB 529.doc
1 provide appropriate oversight to entities conducting business within their jurisdiction and in the
2 local public rights-of-way; and
3 WHEREAS, for these reasons, the City Commission ofthe City of Boynton Beach finds
4 that it should oppose H529 and urges Florida Governor Crist, the Palm Beach County Legislative
5 Delegation, the mayor of each municipality in Palm Beach County, the leadership of the Palm
6 Beach County League of Cities, the Leadership ofthe Florida League of Cities, and each member
7 of the Palm Beach County Board of County Commissioners to oppose H529; and
8 WHEREAS, the City Commission ofthe City of Boynton Beach finds taht this resolution
9 should be forwarded to Florida Governor Crist, the Palm Beach County Legislative Delegation,
10 the mayor of each municipality in Palm Beach County, the leadership of the Palm Beach County
11 League of Cities, the Leadership of the Florida League of Cities, and each member of the Palm
12 Beach County Board of County Commissioners.
13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
14 CITY OF BOYNTON BEACH AS FOLLOWS:
15
Section 1:
The foregoing "WHEREAS" clauses are true and correct and hereby
16 ratified and confirmed by the City Commission.
17 Section 2: For the reasons stated hereinabove, the City Commission of the City of
18 Boynton Beach, Palm Beach County, Florida declares its opposition to H529 and urges Florida
19 Governor Crist, the Palm Beach County Legislative Delegation, the mayor of each municipality in
20 Palm Beach County, the leadership of the Palm Beach County League of Cities, the Leadership of
21 the Florida League of Cities, and each member of the Palm Beach County Board of County
22 Commissioners to oppose H529
Page 3 of3
S:\CA\RESO\Opposition to HB 529.doc
Section 3.
The City Commission of the City of Boynton Beach requests Governor
2 Crist to strongly consider advising the leadership of the House and Senate during the 2007
3 Regular Session that he does not support H529.
4
Section 4.
The City Commission of the City of Boynton Beach hereby directs that this
5 resolution be forwarded immediately to Florida Governor Crist, the Palm Beach County
6 Legislative Delegation, the mayor of each municipality in Palm Beach County, the leadership of
7 the Palm Beach County League of Cities, the Leadership ofthe Florida League of Cities, and each
8 member of the Palm Beach County Board of County Commissioners.
9
Section 5:
This Resolution shall take effect immediately upon passage.
10 PASSED AND ADOPTED this
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29 ATTEST:
30
31
32 Janet Prainito, City Clerk
33
34 (Corporate Seal)
day of
,2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
Page 4 of3
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".~~M""#"""",",";"",;"",,",
1
2
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S:\CA\RESO\Opposition to HB 529.doc
-----Original Message-----
From: TBradford@TownofPalmBeach.com
[mailto:TBradford@TownofPalmBeach.com]
Sent: Monday, March 05, 2007 8:38 PM
To: Taylor, Jerry
Cc: Bressner, Kurt
Subject: HB 529 & SB 1772 Eliminating Local Government Franchising for
Video Television Services and Other Issues Not Favorable to the Interests of
Boynton Beach
Dear Mayor Taylor:
The Town was dismayed to learn that some members of the Palm Beach
County Legislative Delegation chose to cosponsor this ill-advised
legislation with Representative Travieso. We are hopeful that Boynton
Beach is not supportive of HB 529. Every local government in Florida
desires competition in cable TV and video programming services. Nothing
precludes any service provider from securing 0 franchise and providing
the services throughout all Florida communities today. Existing franchises
must be non-exclusive and state law requires that local government treat
service providers in a competitively neutral manner. Competition already
exists in the form of digital satellite television services, which are available
statewide, and more competition is welcome to maximize services and
put downward pressure on upward trends in pricing, but not at the
expense of removing local oversight of right-of-way and service standards
required by franchise agreements. If local franchising is so onerous, how is
that the coble television industry was able to deliver their services that we
hove all come to know and rely on with local franchising, but AT&T,
Verizon and Embark,with more resources available to them than the
coble companies ever dreamed of in their beginning days, cannot?
The truth of the matter is that local government is a convenient
scapegoat for big business. This is a well planned and orchestrated
charade on the people of Florida to allow legislation that changes 011 the
rules to benefit the whims of the telecommunications industry without any
of the protections afforded to your constituents under the current rules of
the game 011 in the name of alleged "consumer choice." What will State
legislators do when this promised competition does not materialize and
the less lucrative neighborhoods in Boynton Beach are sidestepped 011
together because those that approved this legislation did not require
mandatory buildout in any community served as is typically the case
today? Yes, local government is under attack not just in Florida, but
across the country by "Big Telecom" to stop us from protecting the interests
""""'''''-"''""~ioil~I,~''''~.."",,,,,,~,___,_,,, ,
of our citizens and to allow them to cherry pick where they will provide
service without regard to local customer service standards typically
enumerated in local franchise agreements. Facing fierce lobbying efforts
and multi-million dollar misinformation campaigns by the telecom industry,
national local government associations on February 27, 2007, launched a
new website to present the "real truth" on the potential effects of
telecommunications reform on communities and consumers. I invite you
to check this out for yourself.
The new site, www.thetruthontelecomreform.orq, provides factual
information to lawmakers, policymakers, and the public about legislative
and regulatory efforts across the nation affecting local taxing authority,
cable franchising, public safety communications, and other issues. The
site includes fact sheets, information on Congressional actions and rulings
by the Federal Communications Commission, tools to help visitors voice
their support for fair telecom reform, local news stories, news releases and
other materials.
The site is sponsored by the Telecommunications Advocacy Coalition
(T AC), a non-partisan coalition of national local government associations
representing virtually all elected and appointed local officials in the U.S.
The coalition includes the National League of Cities (NLC), the National
Association of Counties (NACo), the Government Finance Officers
Association (GFOA), and the National Association of Telecommunications
Officers and Advisors (NA TOA).
The coalition's goals are to ensure access to the latest elecommunications
technology for a fair price for ALL of their constituents. Local governments
ensure that public safety communications are up and running, that local
access channels receive adequate funding, and that communications
providers pay fair compensation for the use of public streets and
sidewalks.
Last year T AC successfully thwarted legislative measures pushed by the
telecom industry that would have stripped franchising authority from cities
and counties and that could have forced local governments to raise
taxes, cut services, or both. Although these proposals were not enacted,
the telecom industry is expected to continue to utilize new and more
aggressive lobbying and marketing tactics to further its agenda as we
now see here in Florida.
If you are concerned about the passage of HB 529, we ask that you
consider:
Adopting a resolution opposing the bill and companion legislation in the
Senate. A copy of a Palm Beach resolution is attached to use as a model
in this regard.
Advise the State legislators whose districts include Boynton Beach that
you are opposed to HB 529 and any Senate companion bill and ask them
to do the same.
Notify your lobbyist Smith & Ballard to take all steps necessary to
thwart this legislation.
Please feel free to share this email with your fellow elected officials and
staff. Your time and efforts in this regard are greatly appreciated.
Thomas G. Bradford
Deputy Town Manager
Town of Palm Beach
360 South County Road
P.O. Box 2029
Palm Beach. FL 33480
Telephone: (561) 838-5410
Fax: (561) 838-5411
Email: tbradford@townofpalmbeach.com
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1
2
A bill to be entitled
7
An act relating to statewide cable television and video
service franchises; providing a short title; amending s.
202.11, F.S.; providing a definition; amending s. 202.24,
F.S.; prohibiting counties and municipalities from
negotiating terms and conditions relating to cable and
video services; deleting authorization to negotiate;
revising application to existing ordinances or franchise
agreements; amending s. 337.401, F.S.; deleting
authorization for counties and municipalities to award
cable service franchises and a restriction that cable
3
4
5
6
8
9
10
11
12
13
14
15 I
service companies not operate without such a franchise;
amending s. 337.4061, F.S.; revising definitions; creating
25
26
ss. 610.102, 610.103, 610.104, 610.105, 610.106, 610.107,
610.108, 610.109, 610.112, 610.113, 610.114, 610.115,
610.116, and 610.117, F.S.; designating the Department of
State as the authorizing authority; providing definitions;
requiring state authorization to provide cable and video
services; providing requirements and procedures; providing
for fees; providing duties and responsibilities of the
Department of State; providing application procedures and
requirements; providing for issuing certificates of
franchise authority; providing eligibility requirements
and criteria for a certificate; authorizing the department
to adopt rules; providing for an application form;
providing for an application fee; requiring certain
information updates; providing for a processing fee;
providing for transfer of such fees to the Department of
16
17
18
19
20
21
22
23
24
271
28
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2007
29
Agriculture and Consumer Services; requiring the
department to maintain a separate account for cable
franchise revenues; providing for fees to the Department
of State for certain activities; prohibiting the
department from imposing additional taxes, fees, or
charges on a cable or video service provider to issue a
certificate; prohibiting imposing buildout, construction,
and deployment requirements on a certificateholder;
requiring certificateholders to make cable and video
service available at certain public buildings under
30
31
32
., ,
.:5~
34i
351
36 !
3 '7
" Q
.) ~
" .:)
.)~,
certain circumstances; imposing certain customer service
41
requirements on cable service providers; requiring the
Department of Agriculture and Consumer Services to receive
customer service complaints; requiring provision of
42
43
public, educational, and governmental access channels or
capacity equivalent; providing criteria, requirements, and
procedures; providing exceptions; providing
responsibilities of municipalities and counties relating
to such channels; providing for enforcement; providing
requirements for and limitations on counties and
municipalities relating to access to public right-of-way;
prohibiting counties and municipalities from imposing
additional requirements on certificateholders; authorizing
counties and municipalities to require permits of
44!
45
46
47
48
49
5D
5'2.
52
53
certificateholders relating to public right-of-way;
54
providing permit criteria and requirements; prohibiting
discrimination among cable and video service subscribers;
providing for enforcement; providing for determinations of
55
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2007
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violations; providing for enforcement of compliance by
certificateholders; requiring the Office of Program Policy
Analysis and Government Accountability to report to the
Legislature on the status of competition in the cable and
video service industry; providing report requirements;
requiring the Department of Agriculture and Consumer
Services to make recommendations to the Legislature;
providing duties of the Department of State; providing
severability; repealing s. 166.046, F.S., relating to
definitions and minimum standards for cable television
franchises imposed upon counties and municipalities;
amending ss. 350.81 and 364.0361, F.S.i conforming cross-
references; providing an effective date.
70
71 Be It Enacted by the Legislature of the State of Florida:
72
73
Section 1. This act may be cited as the "Consumer Choice
74 i Ac t 0 f 2007. "
75 Section 2.
Subsection (24) is added to section 202.11,
76 Florida Statutes, to read:
77
78
202.11 Definitions.--As used in this chapter:
(24) "Video service" has the same meaning as that provided
79 in s. 610.103.
80 Section 3. Paragraphs (a) and (c) of subsection (2) of
81 section 202.24, Florida Statutes, are amended to read:
82
202.24 Limitations on local taxes and fees imposed on
83 dealers of communications services.--
84
(2) (a)
Except as provided in paragraph (c), each public
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85 body lS prohibited from:
86
1.
Levying on or collecting from dealers or purchasers of
87 communications services any tax, charge, fee, or other
88 imposition on or with respect to the provision or purchase of
89 communications services.
an
~U
2.
Requiring any dealer of communications services to
91 enter into or extend the term of a franchise or other agreement
9= chat requires the payment of a tax, charge, fee, or other
0'
~ ~
imposition.
94
3.
Adopting or enforcing any provision of any ordinance or
95 agreement to the extent that such provision obligates a dealer
0"
~O
of communications services to charge, collect, or pay to the
97 public body a tax, charge, fee, or other imposition.
98
99 Municipalities and counties may not E.::<ch municip.::<lity .::<nd county
100 rct.::<ino .::<uthority to negotiate .::<11 tcrmo .::<nd conditiono of .::<
101 c.::<blc ocr'Jicc fr.::<nchioc .::<llo',;cd by feder.::<l .::<nd ot.::<te 1.::<',,' exccpt
102 those terms and conditions related to franchise fees or aRB the
103 definition of gross revenues or other definitions or
104 methodologies related to the payment or assessment of franchise
105 fees on providers of cable or video services.
:06
(c)
This subsection does not apply to:
1. Local communications services taxes levied under this
1'=:;-,9 crl.apter.
~09
2. Ad valorem taxes levied pursuant to chapter 200.
~. Occupational license taxes levied under chapter 205.
4 . "911" service charges levied under chapter 3 6 5 .
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112
5. Amounts charged for the rental or other use of property
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113 owned by a public body which is not in the public rights-of-way
114 to a dealer of communications services for any purpose,
115 including, but not limited to, the placement or attachment of
116 equipment used in the provision of communications services.
117
6.
Permit fees of general applicability which are not
118 related to placing or maintaining facilities in or on public
119 roads or rights-of-way.
120
7.
Permit fees related to placing or maintaining
121 facilities in or on public roads or rights-of-way pursuant to s.
122 337.401.
123
8. Any in-kind requirements, institutional networks, or
124 contributions for, or in support of, the use or construction of
125 public, educational, or governmental access facilities allowed
126 under federal law and imposed on providers of cable or video
127 service pursuant to any existing ordinance or an existing
128 franchise agreement granted by each municipality or county,
129 under which ordinance or franchise agreement service is provided
130 prior to July 1, 2007, or as permitted under chapter 610.
1311 Nothing in this subparagraph shall prohibit the ability of
132 providers of cable or video service to recover such expenses as
133 allowed under federal law.
135
9. Special assessments and impact fees.
10. Pole attachment fees that are charged by a local
134
136 government for attachments to utility poles owned by the local
137 government.
138
11. Utility service fees or other similar user fees for
1 3 91 uti lit Y services.
140 12. Any other generally applicable tax, fee, charge, or
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141 imposition authorized by general law on July 1, 2000, which is
142 not specifically prohibited by this subsection or included as a
143 replaced revenue source in s. 202.20.
144
Section 4.
Paragraphs (a), (b), (e) I and (f) of subsection
~45 (3) of section 337.401, Florida Statutes, are amended to read:
146
337.401 Use of right-of-way for utilities subject to
147 regulation; permit; fees.--
~48
(3) (a)~ Because of the unique circumstances applicable to
149 providers of communications services, including, but not limited
158 to, the circumstances described in paragraph (e) and the fact
1511 that federal and state law require the nondiscriminatory
~52 treatment of providers of telecommunications services, and
~53 because of the desire to promote competition among providers of
154 communications services, it is the intent of the Legislature
155 that municipalities and counties treat providers of
156 communications services In a nondiscriminatory and competitively
157 neutral manner when imposing rules or regulations governing the
158 placement or maintenance of communications facilities in the
159 public roads or rights-of-way. Rules or regulations imposed by a
160 municipality or county relating to providers of communications
-~- services placing or maintaining communications facilities in its
162 roads or rights-of-way must be generally applicable to all
163 providers of communications services and, notwithstanding any
164 other law, may not require a provider of communications
165 services, except ~o otherwioe provided in 3ubp~r~gr~ph 2., to
166 apply for or enter into an individual license, franchise, or
167 other agreement with the municipality or county as a condition
168 of placing or maintaining communications facilities in its roads
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CS/HB 529
2007
or rights-of-way. In addition to other reasonable rules or
regulations that a municipality or county may adopt relating to
the placement or maintenance of communications facilities in its
roads or rights-of-way under this subsection, a municipality or
county may require a provider of communications services that
places or seeks to place facilities in its roads or rights-of-
way to register with the municipality or county and to provide
the name of the registrant; the name, address, and telephone
number of a contact person for the registrant; the number of the
registrant's current certificate of authorization issued by the
Florida Public Service Commission, er the Federal Communications
Commission, or the Department of State; and proof of insurance
181 or self-insuring status adequate to defend and cover claims.
182
183
2. Notvithot~nding the provioiono of oubparagraph 1., ~
municip~lity or county m~y, ~o provided by 17 D.S.C. o. 541,
184 o\v'ord one or more fr~nchioco ,;ithin ito juriodiction for thc
185 provioion of c~ble oervice, ~nd ~ provider of c~blc oervice
186 oh~ll not providc cable ocrvice ~ithout ouch fr~nchioe. E~ch
187 municipolity ~nd county ret~ino authority to ncgoti~te ~ll termo
188 ~nd conditiono of ~ c~blc ocrvice fr~nchiDe ~llo~ed by feder~l
189 lo~ ~nd o. 166.046, exeept thoDe termo ~nd conditiono rel~ted to
190 fr~nchiDe feeD ~nd thc definition of groDo revenueD or other
191 definitiono or methodologieo related to the payment or
192 oooeooment of fr~nehioe feeD ~nd permit feeD aD provided in
193 por~gr~ph (e) on pro'Jidero of eable oer"Jieeo. Z'. municip~li ty or
194 county m~y exercioe ita right to require from providero of e~ble
195[ ocrvice in kind rcquiremento, including, but not limited to,
196' inoti tutionol nct',wrko, ~nd contributionD for, or in oupport of,
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1971 the uoe or conotruction of public, educ~tion~l, or government~l
19B! ~cceoo f~cilitieo to the extent permitted by feder~l l~w. ^
199 provider of c~ble oervice m~y exercioe ito right to reCO'Jer ~ny
20 C I such expenoeo ~o::::lOci~ted ',;i th ouch in kind requiremento, to thc
., ., ^
'- ''-J ......
C*-t::nt permi t ted by f eder~l l~',;.
,-., r, ~
.:.. I~J.C:::
(b)
Registration described in paragraph oubp~r~gr~ph (a)~
203 does not establish a right to place or maintain, or priority for
204 the placement or maintenance of, a communications facility In
2051 roads or rights-of-way of a municipality or county. Each
206 municipality and county retains the authority to regulate and
207 manage municipal and county roads or rights-of-way in exercising
20B its police power. Any rules or regulations adopted by a
209 municipality or county which govern the occupation of its roads
210 or rights-of-way by providers of communications services must be
211 related to the placement or maintenance of facilities in such
212 roads or rights-of-way, must be reasonable and
213 nondiscriminatory, and may include only those matters necessary
214 to manage the roads or rights-of-way of the municipality or
215 county.
.," ,
L"':""C
(e)
The authority of municipalities and counties to
2}7 require franchise fees from providers of communications
213 services, with respect to the provision of communications
219 services, is specifically preempted by the state, except ~o
220 othec,Jioe provided in oubp~r~gr~ph (~) 2., because of unique
221 circumstances applicable to providers of communications services
"""1
LLL
when compared to other utilities occupying municipal or county
roads or rights-of-way. Providers of communications services may
provide similar services in a manner that requires the placement
223
224
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225 of facilities in municipal or county roads or rights-of-way or
226 in a manner that does not require the placement of facilities in
227 such roads or rights-of-way. Although similar communications
228 services may be provided by different means, the state desires
229 to treat providers of communications services in a
230 nondiscriminatory manner and to have the taxes, franchise fees,
231 and other fees paid by providers of communications services be
232 competitively neutral. Municipalities and counties retain all
233 existing authority, if any, to collect franchise fees from users
234 or occupants of municipal or county roads or rights-of-way other
235 than providers of communications services, and the provisions of
236 this subsection shall have no effect upon this authority. The
237 provisions of this subsection do not restrict the authority, if
238 any, of municipalities or counties or other governmental
239 entities to receive reasonable rental fees based on fair market
240 value for the use of public lands and buildings on property
241 outside the public roads or rights-of-way for the placement of
242 communications antennas and towers.
243
(f)
Except as expressly allowed or authorized by general
244 law and except for the rights-of-way permit fees subject to
245 paragraph (c), a municipality or county may not levy on a
246 provider of communications services a tax, fee, or other charge
2471 or imposition for operating as a provider of communications
248 services within the jurisdiction of the municipality or county
249' which is in any way related to using its roads or rights-of-way.
250; A municipality or county may not require or solicit in-kind
251 compensation, except as otherwise provided in s. 202.24(2) (c)8.
252 or s. 610.109 oubp~r~gr~ph (~)2. Nothing in this paragraph shall
I
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2531 ~mpair any ordinance or agreement in effect on May 22, 1998, or
54 any voluntary agreement entered into subsequent to that date,
::55 which provides for or allows in-kind compensation by a
256 telecommunications company.
257
Section 5.
Section 337.4061, Florida Statutes, is amended
258 to read:
259
337.4061 Definitions; unlawful use of state-maintained
260 road right-of-way by nonfranchised cable and video tclcvioion
261 services.--
262
(1) As used in this section, the term:
263
(a) "Cable service" means:
264
1. The one-way transmission to subscribers of video
265 programming or any other programming service; and
266
2.
Subscriber interaction, if any, which is required for
=: 7
the selection of such video programming or other programming
=~6.8
service.
269
(b)
"Cable system" means a facility, consisting of a set
7 of closed transmission paths and associated signal generation,
271 reception, and control equipment that is designed to provide
272 cable service which includes video programming and which is
273 provided to multiple subscribers within a community, but such
?7a term does not include:
---:. Ie-
~ I::J
1.
A facility that serves only to retransmit the
276 television signals of one or more television broadcast stations;
277
2.
A facility that serves only subscribers in one or more
278 multiple-unit dwellings under common ownership, control, or
279 management, unless such facility or facilities use any public
280 right-of-way;
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281 3. A facility that serves subscribers without using any
282 public right-of-way.
283 4.~ A facility of a common carrier that is subject, in
284 whole or in part, to the provisions of 47 D.S.C. s. 201 et seq.,
285 except the specific bandwidths or wavelengths used by ~ such
286 facility shall be considered a cable system only to the extent
287 such bandwidths or wavelengths are f~cility io used in the
288 transmission of video programming directly to subscribers~
289 ~nless the extent of such use is solely to provide interactive
290 on-demand services, in which case the use of such bandwidths or
291 wavelengths is not a cable system; or
292 5.~ Any facilities of any electric utility used solely
293 for operating its electric utility systems.
294
(c)
"Franchise" means an initial authorization or renewal
295 thereof issued by a franchising authority, whether such
296 authorization is designated as a franchise, permit, license,
297 resolution, contract, certificate, agreement, or otherwise,
298 which authorizes the construction or operation of a cable system
299 or video service provider network facilities.
300 (d) "Franchising authority" means any governmental entity
301 empowered by federal, state, or local law to grant a franchise.
302 (e) "Person" means an individual, partnership,
303 association, joint stock company, trust, corporation, or
304 governmental entity.
305 (f) "Video programming" means programming provided by or
306 generally considered comparable to programming provided by a
307 television broadcast station or cable system.
308 (g) "Video service" has the same meaning as that provided
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-~ '--1 in s. 610.103.
310
(2 )
It is unlawful to use the right-of-way of any state-
311 maintained road, including appendages thereto, and also
312 i~cluding, but not limited to, rest areas, wayside parks, boat-
313 launching ramps, weigh stations, and scenic easements, to
314 provide for cable or video service over facilities purpooc3
315 within a geographic area subject to a valid existing franchise
316 for cable or video service, unless the cable or video service
317 2J:"ovider oyotcm using such right-of-way holds a franchise from a
318 franchise authority thc municip~lity or county for the area in
319 which the right-of-way is located.
320
(3 )
A violation of this section shall be deemed a
321 vi 0 1 at ion 0 f s. 337. 406 .
522
Section 6.
Sections 610.102, 610.103, 610.104, 610.105,
323 610.106,610.107,610.108,610.109,610.112, 610.113, 610.114,
324 610.115, 610.116, and 610.117, Florida Statutes, are created to
325 read:
3 6
610.102 Department of State authority to issue statewide
,=~}:~Je and video franchise. - -The department shall be designated
a~_~~~_franchising authority for a state-issued franchise for
the provision of cable or video service. A municipality or
county may not grant a new franchise for the provision of cable
or video service within its jurisdiction.
3;27
, ~. ~
c ~ 0
329
330
331
332
610.103 Definitions.--As used in ss. 610.102-610.116:
333
(1 )
"Cable service" means:
(a)
The one-way transmission to subscribers of video
334
35 programming or any other programming service.
336i
(b)
Subscriber interaction, if any, that is required for
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337 the selection of such video programming or other programming
338 service.
339
(2 )
"Cable service provider" means a person that provides
340 cable service over a cable system.
341
(3 )
"Cable system" means a facility consisting of a set of
342 closed transmission paths and associated signal generation,
343 ~eception, and control equipment that is designed to provide
344 cable service that includes video programming and that is
345 provided to multiple subscribers within a community, but such
346 term does not include:
347
(a) A facility that serves only to retransmit the
348 television signals of one or more television broadcast stations;
3491 (b) A facility that serves only subscribers in one or more
!
350 multiple-unit dwellings under common ownership, control, or
351 management, unless such facility or facilities use any public
3521 right-of-way;
3531 (c) A facility that serves subscribers without using any
354 public right-of-way;
355
(d) A facility of a common carrier that is subject, in
356 whole or in part, to the provisions of 47 D.S.C. s. 201 et seq. ,
357 except that the specific bandwidths or wavelengths over such
358 f~ci 1 i ty shall be considered a cable system only to the extent
359 such bandwidths or wavelengths are used in the transmission of
360 video programming directly to subscribers, unless the extent of
361 suc0 use is solely to provide interactive on-demand services, in
362 which case it is not a cable system; or
363
(e) Any facilities of any electric utility used solely for
364 operating its electric utility systems.
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365
(4 )
"Certificateholder" means a cable or video service
366 provider that has been issued and holds a certificate of
367 franchise authority from the department.
368
(5 )
(6 )
"Department" means the Department of State.
"Franchise" means an initial authorization or renewal
369
370 of an authorization, regardless of whether the authorization is
3711 designated as a franchise, permit, license, resolution,
I
372 contract, certificate, agreement, or otherwise, to construct and
3 7 3 operate a cable system or video service provider network
374 facilities in the public right-of-way.
375
(2)~__~Franchise authority" means any governmental entity
376 empowered by federal, state, or local law to grant a franchise.
"~ ~7
(8 )
"Incumbent cable service provider" means the cable
'7i=:
-,' 1',-"
~ervice provider serving the largest number of cable subscribers
in a particular _municipal or county franchise area on July I,
379
:,8
2007.
38:Li
(9 )
"Public right-of-way" means the area on, below, or
382 above a public roadway, highway, street, sidewalk, alley, or
383 waterway, including, without limitation, a municipal, county,
384 state, district, or other public roadway, highway, street,
385 sidewalk, alley, or waterway.
386
(10 )
"video programming" means programming provided by, or
387
s~nerally considered comparable to programming provided by, a
television broadcast station as set forth in 47 U.S.C. s.
388
389 522 20
39
(11 )
"video service" means video programming services
391 PF~vided through ~ireline facilities located at least in part in
392 ~~le 2ublic rights-of-way without regard to delivery technology,
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393
394
395
396
397
398
399
400
401
402
4031'
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
I
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including Internet protocol technology. This definition does not
include any video programming provided by a commercial mobile
service provider as defined in 47 D.S.C. s. 332(d), video
programming provided via a cable service or video programming
provided as part of, and via, a service that enables end users
to access content, information, electronic mail, or other
services offered over the Internet.
(12) "Video service provider" means a video programming
distributor that distributes video programming services through
wireline facilities located at least in part in the public
Eights-of-way without regard to delivery technology. This term
does not include a cable service provider.
610.104 State authorization to provide cable or video
service.--
(1) An entity or person seeking to provide cable or video
service in this state after July I, 2007, shall file an
application for a state-issued certificate of franchise
authority with the department as required by this section. An
entity or person providing cable or video service under an
unexpired franchise agreement with a municipality or county as
of July 1, 2007, is not subject to this subsection with respect
1:.()_providing service in such municipality or county until the
franchise agreement expires, except as provided by subsection
(2) and s. 610.105(4). An entity or person providing cable or
video service may seek authorization from the department to
provide service in areas where the entity or person currently
does not have an existing franchise agreement as of July 1,
2007.
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'i2l !
(2 )
Beginning July 1, 2007, a cable or video service
422 provider that is not an incumbent cable or video service
423 provider and provides cable or video service to less than 40
424 percent of the total cable and video service subscribers in a
425 particular franchise area may elect to terminate an existing
426 municipal or county franchise and seek a state-issued
427 c~rtificate of franchise authority by providing written notice
428 to the Secretary of State and the affected municipality or
429 county after July 1, 2007. The municipal or county franchise is
430 terminated under this subsection on the date the department
~~-! issues the state-issued certificate of franchise authority.
(3 )
Before the 10th business day after an applicant
.:1. 3. 2
433 submits the affidavit, the department shall notify the applican~
4341 for a state-issued certificate of franchise authority whether
435! che applicant's affidavit described by subsection (4) is
436 complete. If the department denies the application, the
437 department must specify with particularity the reasons for the
438 denial and permit the applicant to amend the application to cure
439 any deficiency. The department shall act upon such amended
440 application within 5 business days.
441
(4 )
The department shall issue a certificate of franchise
I
4 /. " !
'-:::Li
aut}1()_ri ty_to 9ffer__cable__ or video service before the 15th
business day after receipt of a completed affidavit submitted by
a_~_applicant and signed by an officer or general partner of the
app I i ca.~t-__?:ff i r~~I1g-=
443
444
.'445
.'~ 6
(a)
That the applicant has filed or will timely file with
447 the Federal Communications Commission all forms required by that
448 a.~~ncy jn advance of offering cable or video service in this
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450
449 state;
(b)
That the applicant agrees to comply with all
451 applicable federal and state laws and regulations, to the extent
452 that such state laws and rules are not in conflict with or
453 superseded by the provisions of this chapter or other applicable
454 state law;
455
(c)
That the applicant agrees to comply with all lawful
456 state laws and rules and municipal and county ordinances and
457 regulations regarding the placement and maintenance of
458 communications facilities in the public rights-of-way that are
459 generally applicable to providers of communications services in
460 accordance with s. 337.401;
461
(d)
A description of the service area for which the
462 applicant seeks the certificate of franchise authority, which
463 need not be coextensive with municipal, county, or other
464 political boundaries;
465
(e)
The location of the applicant's principal place of
466, business and the names of the applicant's principal executive
467 officers; and
468 (f) That the applicant will file with the department a
469
470
471
472,
4731
474
475
476
notice of commencement of service within 5 days after first
providing service in each service area described in paragraph
(d) .
(5) If the department fails to act on the application
within 30 business days after receiving the application, the
application shall be deemed approved by the department without
further action.
(6 )
The certificate of franchise authority issued by the
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477 department shall contain:
478
(a)
A grant of authority to provide cable or video service
479 as requested in the application.
480
(b)
A grant of authority to construct, maintain, and
481 operate facilities through, upon, over, and under any public
482 right-of-way or waters.
483
(c) A statement that the grant of authority
is
subject tel
484 lawful operation of the cable or video service by the applicant
485 or its successor in interest.
486
(7 )
A certificateholder that seeks to include additional
487 service areas in its current certificate shall file notice with
488
che department that reflects the new service area or areas to be
served and shall file with the department a notice of
commencement of service within 5 days after first providing
service in each such additional area.
489
490
4 ~,
':J~
(8 )
The certificate of franchise authority issued by the
492
493 department is fully transferable to any successor in interest to
494 the applicant to which the certificate is initially granted. A
495 notice of transfer shall be filed with the department and the
496 rel~"\Tcmt.__~':1:nicipality or county within 14 business days
497 ~91lowing the completion of such transfer.
4 ~ ~
'::J~
9)
The certificate of franchise authority issued by the
499 department may be terminated by the cable or video service
500
provider by submitting notice to the department.
J19_L_ An appl icant may challenge a denial of an applic",-t:.iorl
by the department in a court of competent jurisdiction through a
":01
502
503
Detition for mandamus.
(11 )
The department shall adopt any procedural rules
504
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505 pursuant to ss. 120.536(1) and 120.54 necessary to implement
506 thi s section.
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525'
I
I
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527
528
529
530
531
532
(12) The application shall be accompanied by a one-time
fee of $10,000.
(13) Beginning 5 years after approval of the
certificateholder's initial certificate of franchise issued by
the department, and every 5 years thereafter, the
certificateholder shall update the information contained in the
original application for a certificate of franchise. At the time
of filing the information update, the certificateholder shall
pay a processing fee of $1,000. The application and processing
fees imposed in this section shall be paid to the Department of
State for deposit into the Operating Trust Fund for immediate
transfer by the Chief Financial Officer to the General
Inspection Trust Fund of the Department of Agriculture and
Consumer Services. The Department of Agriculture and Consumer
Services shall maintain a separate account within the General
Inspection Trust Fund to distinguish cable franchise revenues
from all other funds. The application, any amendments to the
certificate, or information updates must be accompanied by a fee
to the Department of State equal to that for filing articles of
incorporation pursuant to s. 607.0122(1).
610.105 Eligibility for state-issued franchise.--
(1) Except as provided in s. 610.104(1) and (2) and
subsection (4), an incumbent cable service provider that has an
existing, unexpired franchise to provide cable service with
respect to a municipality or county as of July 1, 2007, is not
eligible to apply for a state-issued certificate of franchise
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533
5341
authority under this chapter as to that municipality or county
until the expiration date of the existing franchise agreement.
(2 )
For purposes of this section, an incumbent cable
535
5361 ~ervice provider will be deemed to have or have had a franchise
537 to provide cable service in a specific municipality or county if
538 ~ny affiliate or successor entity of the cable service provider
539 r]_c>",_o~_h~~~_!1 unexpired franchise agreement granted by that
540 specific municipality or county as of July 1, 2007.
541
(3 )
The term "affiliate or successor entity" in this
542 section refers to an entity receiving, obtaining, or operating
543. under a franchise that directly or indirectly owns or controls,
544 is owned or controlled by, or is under common ownership or
545' control with the cable service provider.
546
(4 )
Notwithstanding subsection (1), an incumbent cable
547 service provider may elect to terminate an existing municipal or
548 county franchise and apply for a state-issued certificate of
549 franchise authority with respect to such municipality or county
550 if another cable or video service provider has been granted a
551 state-issued certificate of franchise authority for a service
552 area located in whole or in part within the service area covered
553 ex_the existing municipal or county franchise and such
554 ceJ:'t~~i(::.atel1~lder has. commenced providing service in such area.
555 !b~ incumbent cable service provider shall provide at the time
,
5S6 '~__~___filing its application for a state-issued certificate of
557 franchise authority written notice of its intent to terminate
558 its existing franchise under this subsection to the department
5591 and to the affected municipality or county. The municipal or
I
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560' county franchise shall be terminated under this section on the
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562
563
564
565
566
5671
568
569
570
571
572
573
574
575
576
577
578
5791
580 i
581
582.
583
584
585
586
587
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date the department issues to the incumbent cable service
provider the state-issued certificate of franchise authority to
provide service in such municipality or county franchise area to
the incumbent cable service provider.
610.106 Franchise fees prohibited.--Except as otherwise
provided in this chapter, the department may not impose any
taxes, fees, charges, or other impositions on a cable or video
service provider as a condition for the issuance of a state-
issued certificate of franchise authority. No municipality or
county may impose any taxes, fees, charges, or other exactions
on certificateholders in connection with use of public right-of-
way as a condition of a certificateholder doing business in the
municipality or county, or otherwise, except such taxes, fees,
charges, or other exactions permitted by chapter 202 and s.
337.401(6) .
610.107 Buildout.--No franchising authority, state agency,
or political subdivision may impose any buildout, system
construction, or service deployment requirements on a
certificateholder.
610.108 Customer service standards.--
(1) An incumbent cable service provider shall comply with
customer service requirements reasonably comparable to the
standards in 47 C.F.R. s. 76.309(c) until there are two or more
providers offering service, excluding direct-to-home satellite
serVlce, in the incumbent service provider'S relevant service
area.
(2 )
Beginning on July I, 2009, for all providers of cable
588 service in municipalities and counties that, as of January I,
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589 2007, have an office or department dedicated to responding to
590 cable service quality complaints, all such complaints shall be
591 handled on and after July 1, 2009, by the Department of
592' ~griculcure and Consumer Services. Until that time, cable
593 service quality complaints shall continue to be handled by the
594 municipality or county. This provision shall not be construed to
595 pe:L~~!:~he municipal i ty or county to impose customer service
596 standards in conflict with this section.
59
(3 )
The Department of Agriculture and Consumer Services
598 shall receive service quality complaints from customers of a
599 certificateholder and shall address such complaints in an
600 expeditious manner by assisting in the resolution of such
601 complaint between the complainant and the certificateholder. The
602 Department of Agriculture and Consumer Services shall adopt any
603 t:Locedural rules pursuant to ss. 120.536(1) and 120.54 necessary
604 ~o implement this section.
6 CI 5 !
610.109 Public, educational, and governmental access
6 E channels.--
07
(1)
A certificateholder, not later than 12 months
608 f ollc:lltJi~Y19~~e_que_~_t bya municipali ty or county wi thin whose
6 9 i~:Lisdiction the certificateholder is providing cable or video
610 :",~rvice, shall designate a sufficient amount of capacity on its
611 ~etwork to allow the provision of public, educational, and
612 governmental access channels for noncommercial programming as
613 :::;~n~orth in this section, except that a holder of a state-
614 issued certificate of authority granted pursuant to s. 610.105
615 shall be required to satisfy the public, educational, and
616 government access channel capacity obligations specified in this
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617 section upon issuance of such certificate for any service area
618 covered by such certificate that is located within the service
619 area that was covered by the cable provider's terminated
620 franchise.
621 (2) A certificateholder shall designate a sufficient
622 amount of capacity on its network to allow the provision of a
623 comparable number of public, educational, and governmental
624 access channels or capacity equivalent that a municipality or
625 ~?U~ty has activated under the incumbent cable service
626 provider's franchise agreement as of July 1, 2007. For the
627 purposes of this section, a public, educational, or governmental
628 channel is deemed activated if the channel is being used for
629 public, educational, or governmental programming within the
630 municipality for at least 10 hours per day.
631 (3) If a municipality or county did not have public,
632 educational, or governmental access channels activated under the
633 incumbent cable service provider's franchise agreement as of
634 July 1, 2007, not later than 12 months following a request by
635 the municipality or county within whose jurisdiction a
636 certificateholder is providing cable or video service, the cable
637 or video service provider shall furnish:
638 (a) Up to three public, educational, or governmental
639 channels or capacity equivalent for a municipality or county
640 with a population of at least 50,000.
641 (b) Up to two public, educational, or governmental
642 channels or capacity equivalent for a municipality or county
643 with a population of less than 50,000.
644 (4) Any public, educational, or governmental channel
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45: provided pursuant to this section that is not used by the
646 ~unicipality or county for at least 10 hours a day shall no
647 longer be made available to the municipality or county but may
648: be programmed at the cable or video service provider's
649 discretion. At such time as the municipality or county can
650 certify to the cable or video service provider a schedule for at
651 least 10 hours of daily programming, the cable or video service
652
provider shall restore the previously lost channel but shall be
under no obligation to carry that channel on a basic or analog
tier.
,
6531
654
655
(5 )
If a municipality or county has not used the number of
656 access channels or capacity equivalent permitted by subsection
657 (3), access to the additional channels or capacity equivalent
658 allowed in subsection (3) shall be provided upon 12 month's
659 written notice if the municipality or county meets the following
660 standard: if a municipality or county has one active public,
661 educational, or governmental channel and wishes to activate an
h~ "
_0';
additional public, educational, or governmental channel, the
663 i!1itial channel shall be considered to be substantially used
664 vvl'1en~ hours are programmed on that channel each calendar day.
665 In addition, at least 40 percent of the 12 hours of programming
666 f~~ each business day on average over each calendar quarter must
667 be nonrepeat programming. Nonrepeat programming shall include
668 the first three videocastings of a program. If a municipality or
669 c:cmnt~j,T_i_~_entitled to three public, educational, or government:a~
670 channels under subsection (3) and has in service two active
671! public, educational, or governmental channels, each of the two
672 active channels shall be considered to be substantially used
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CS/HB 529
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when 12 hours are programmed on each channel each calendar day
and at least 50 percent of the 12 hours of programming for each
business day on average over each calendar quarter is nonrepeat
programming for three consecutive calendar quarters.
(6) The operation of any public, educational, or
governmental access channel or capacity equivalent provided
under this section shall be the responsibility of the
municipality or county receiving the benefit of such channel or
capacity equivalent, and a certificateholder bears only the
responsibility for the transmission of such channel content. A
~~~~ificateholder shall be responsible for providing the
connectivity to each public, educational, or governmental access
channel distribution point up to the first 200 feet from the
certificateholder's activated cable or video transmission
system.
(7) The municipality or county shall ensure that all
transmissions, content, or programming to be transmitted over a
channel or facility by a certificateholder are provided or
submitted to the cable or video service provider in a manner or
form that is capable of being accepted and transmitted by a
provider without any requirement for additional alteration or
~hange in the content by the provider, over the particular
network of the cable or video service provider, which is
compatible with the technology or protocol used by the cable or
video service provider to deliver services. The provision of
public, educational, or governmental content to the provider
constitutes authorization for the provider to carry such
content, including, at the provider's option, authorization to
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70S
706
707
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719
720
722
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7 n 1
J~
carry the content beyond the jurisdictional boundaries of the
municipality or county.
(8) Where technically feasible, a certificateholder and an
incumbent cable service provider shall use reasonable efforts to
interconnect their networks for the purpose of providing public,
educational, and governmental programming. Interconnection may
be accomplished by direct cable, microwave link, satellite, or
other reasonable method of connection. Certificateholders and
incumbent cable service providers shall negotiate in good faith
and incumbent cable service providers may not withhold
i!:l~eI'c;onn_EOE!:ion of public, educational, and governmental
channels.
702
7C~J3
7C4
=-0
13
(9) A certificateholder is not required to interconnect
for, or otherwise to transmit, public, educational, and
governmental content that is branded with the logo, name, or
other identifying marks of another cable or video service
provider, and a municipality or county may require a cable or
video service provider to remove its logo, name, or other
identifying marks from public, educational, and governmental
content that is to be made available to another provider.
(10) A court of competent jurisdiction shall have
~~clus~ve jurisdiction to enforce any requirement under this
section.
21
=~ 4
610.112 Nondiscrimination by municipality or county.--
(~J~_~ municipality or county shall allow a
certificateholder to install, construct, and maintain a network
~7 2 7 y/~t:.l1in a publ ic right -of -way and shall provide a
728 certificateholder with open, comparable, nondiscriminatory, and
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729 competitively neutral access to the public right-of-way in
730 accordance with the provisions of s. 337.401. All use of a
731 public right-of-way by a certificateholder is nonexclusive.
732 (2) A municipality or county may not discriminate against
733 a certificateholder regarding:
734 (a) The authorization or placement of a network in a
735 public right-of-way;
736 (b) Access to a building or other property; or
737 (c) Utility pole attachment terms.
738 610.113 Limitation on local authority.--
739 (1) A municipality or county may not impose additional
740 requirements on a certificateholder, including, but not limited
741 to, financial, operational, and administrative requirements,
742 except as expressly permitted by this chapter. A municipality or
743 county may not impose on activities of a certificateholder a
744 requirement:
745 (a) That particular business offices be located in the
746 municipality or county;
747 (b) Regarding the filing of reports and documents with the
748 municipality or county that are not required by state or federal
749 law and that are not related to the use of the public right-of-
750 ~~y~_Reports and documents other than schematics indicating the
751 location of facilities for a specific site that are provided in
752 the normal course of the municipality's or county's permitting
753 process, that are authorized by s. 337.401 for communications
754 services providers, or that are otherwise required in the normal
755 course of such permitting process shall not be considered
756 related to the use of the public right-of-way for communications
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757 service providers. A municipality or county may not request
I
7581 information concerning the capacity or technical configuration
759 of a certificateholder's facilitiesi
760 (c) For the inspection of a certificateholder's business
761 recordsi or
762 (d) For the approval of transfers of ownership or control
763 of a certificateholder's business, except that a municipality or
764 county may require a certificateholder to provide notice of a
765 transfer within a reasonable time.
~66
(2 )
Notwithstanding any other provision of law, a
6 m':l:I2-~~~Eali~y or_county may require the issuance of a permit in
768 accordance with and subject to s. 337.401 to a certificateholder
769' that is placing and maintaining facilities in or on a public
770 right-of-way in the municipality or county. In accordance with
,..~,' 1
f_
s. 337.402, the permit may require the permitholder to be
~72 responsible, at the permitholder's expense, for any damage
I
7731 resulting from the issuance of such permit and for restoring the
774 public right-of-way to its original condition before
775 installation of such facilities. The terms of the permit shall
776 e~ consistent with construction permits issued to other
777 providers of communications services placing or maintaining
778 communications facilities in a public right-of-way.
779
610.114 Discrimination prohibited.--
730
(1 )
The purpose of this section is to prevent
81 di scril11i~~_t:i9_!1__a~cmg. potential residential subscribers.
i ')
'"
(2)
Pursuant to 47 D.S.C. s. 541(a) (3), a
783 ~e~tificateholder may not deny access to service to any group of
784 p~tential residential subscribers because of the race or income
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78S! of the residents in the local area in which such group resides.
786 (3) An affected person may seek enforcement of subsection
787 (2) by initiating a proceeding with the Department of
788 Agriculture and Consumer Services pursuant to s. 570.544.
789 (4) For purposes of determining whether a
790 certificateholder has violated subsection (2), cost, density,
791 9istance, and technological or commercial limitations shall be
792 taken into account. Use of an alternative technology that
793 provides comparable content, service, and functionality may not
794 be considered a violation of subsection (2). The inability to
795 serve an end user because a certificateholder is prohibited from
796 placing its own facilities in a building or property is not a
797 violation of subsection (2). This section may not be construed
798 to authorize any buildout requirements on a certificateholder.
799 (5) The Department of Agriculture and Consumer Services
800 shall adopt any procedural rules pursuant to ss. 120.536(1) and
801 120.54 necessary to implement this section.
802 610.115 Compliance.--If a certificateholder is found by a
803 court of competent jurisdiction not to be in compliance with the
804 ~~quirements of this chapter, the certificateholder shall have a
80S reasonable period of time, as specified by the court, to cure
806 such noncompliance.
807 610.116 Reports to the Legislature.--
808 (1) The Office of Program Policy Analysis and Government
809 Accountability shall submit to the President of the Senate, the
810 Speaker of the House of Representatives, and the majority and
811 minority leaders of the Senate and House of Representatives, by
812 December 1, 2009, a report on the status of competition in the
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813 cable and video service industry, including, by each
814 municipality and county, the number of cable and video service
I
815i providers, the number of cable and video subscribers served, the
816 number of areas served by fewer than two cable or video service
817 providers, the trend in cable and video service prices, and the
818i identification of any patterns of service as they impact
8:9 d~~ogr~phic and income groups.
820 (2) By January 15, 2008, the Department of Agriculture and
821 Consumer Services shall make recommendations to the President of
8221 the Senate, the Speaker of the House of Representatives, and the
823 majo_!itL_and minority leaders of the Senate and House of
824 ~epresentatives regarding the workload and staffing requirements
825 associated with consumer complaints related to video and cable
826 certificateholders. The Department of State shall provide to the
827 Department of Agriculture and Consumer Services, for inclusion
828 in the report, the workload requirements for processing the
829 certificates of franchise authority. In addition, the Department
830 of State shall provide the number of applications filed for
831 cable and video certificates of franchise authority and the
832 ~~~~~!~~m~ndments received to original applications for
833 franchise certificate authority.
83"} 610. 1:: 7 ___~ev~!"abil_~~_y'---=_-=~!=,_~ny .xrovi s i~_~_of s s. 610. 102-
835 610.116 or the application thereof to any person or circumstance
836 is held invalid, such invalidity shall not affect other
837 PJ:()\C~_s_~_~ms or applicatign of ss. 610.102-610.116 that can be
8381 given effect without the invalid provision or application, and
839 to this end the provisions of ss. 610.102-610.116 are severable.
840
Section 7.
Section 166.046, Florida Statutes, is repealed.
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841 Section 8. Paragraph (a) of subsection (3) of section
842 350.81, Florida Statutes, is amended to read:
843 350.81 Communications services offered by governmental
844 entities.--
845 (3) (a) A governmental entity that provides a cable service
846 shall comply with the Cable Communications Policy Act of 1984,
847 47 D.S.C. ss. 521 et seq., the regulations issued by the Federal
848 Communications Commission under the Cable Communications Policy
849 Act of 1984, 47 D.S.C. ss. 521 et seq., and all applicable state
850 and federal rules and regulations, including, but not limited
851. to, o. 166.016 ond those provisions of chapters 202, 212, afl4
852 337L and 610 that which apply to a provider of the services.
853 Section 9. Section 364.0361, Florida Statutes, is amended
854 to read:
855 364.0361 Local government authority; nondiscriminatory
856 exercise.--A local government shall treat each
857 telecommunications company in a nondiscriminatory manner when
858 exercising its authority to grant franchises to a
859 telecommunications company or to otherwise establish conditions
860 or compensation for the use of rights-of-way or other public
861 property by a telecommunications company. A local government may
862 not directly or indirectly regulate the terms and conditions,
863 including, but not limited to, the operating systems,
864 qualifications, services, service quality, service territory,
865 and prices, applicable to or in connection with the provision of
866 any voice-over-Internet protocol, regardless of the platform,
867 provider, or protocol, broadband or information service. This
868 section does not relieve a provider from any obligations under
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869 o. 166.04C or s. 337.401.
5701 Section 10. This act shall take effect upon becoming a
r
871 law.
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VI.-CONSENT AGENDA
ITEM D.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to Citv Clerk's Office Meeting Dates
0 December 5, 2006 November 20, 2006 (Noon.) 0
0 January 2, 2007 December 18, 2006 (Noon) 0 March 5, 2007
0 January 16, 2007 January 2, 2007 (Noon) ~ March 20, 2007
0 February 13,2007 January 22, 2007 0 April 3, 2007
Date Final Form Must be Tumed
in to Citv Clerk's Office
February 12,2007 (Noon)
March 19,2007 (Noon)
o
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March 5,2007 (Noon)
0 AnnouncementslPresentati ons 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
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RECOMMENDATION: Approve the request of the Palm Beach County Division of Human Services to
waive the Opening & Closing Fees of $400 at Boynton Beach Memorial Park for Charles McAlevey.
EXPLANATION: On February 15, 2007, the City Clerk's Office received a telephone call from Sabrena
Cooper, Social Worker III at the Palm Beach County Division of Human Services requesting that we waive the
opening and closing fees at Boynton Beach Memorial Park to bury Mr. Charles McAlevey. Mr. McAlevey already
owned Lots 267 & 268, in the Replat Section at the Cemetery since July 27, 1984. Mrs. McAlevey is interred in
Lot 267. There are no surviving relatives and Mr. McAlevey, who was indigent, passed on February 13, 2007.
At the direction of Assistant City Attorney David Tokes, we advised Ms. Cooper that only the City Commission had
the authority to waive fees and we suggested that she contact agencies throughout the County for assistance
covering the opening and closing fees. Unfortunately, on February 23rd, Ms. Cooper informed me that she was
unable to gain assistance from any agency. She requested that we move forward in requesting that the City
Commission consider the waiver request.
PROGRAM IMPACT: The cost to the City would be negligible since it would be done during normal business
hours.
FISCAL IMPACT:
No fiscal impact.
~~
City Manager's Signature
C#zL-
City Clerk's Office
City Attorney / Finance
S:\CC\WP\CCAGENDA\Agenda Request Memos\2007\Agenda Item Request for 03-20-07 - Waiver of Opening & Closing Fee.doc
~partment of Community Services
Division of Human Services
and Veterans Services
J 810 Datura Street
West Palm Beach. FL 33401-5211
) 38754 State Road # 80
BeIle Glade. FL 33430-5698
) 225 South Congress Avenue
Delray Beach. FL 33445-4616
J 1 250 Southwlnds Dnve
Lantana. FL 33462-1459
J 1440 W Martin Luther King Blvd.
Riviera Beach. FL 33404
J 1150 45th Street
West Palm Beach. FL 33407
wwwpbcgo\i.com
.
Palm Beach County
Board of County
Commissioners
Addle L Greene. Chairperson
Jeff Koons. Vice Chair
r-aren T Marcus
Warren H. Newell
Mary McCarty
Bun /\arOnS()ll
Jess R Santamaria
County Administrator
Robert Weisman
'An Equal Opportunity
A.ffi'nnative AclIon Employer"
@ printed on recycled paper
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CJI\C.YFBj)Y!irO~J BEACH
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07 N~R - I PM 2: 56
February 23, 2007
Janet Prainito, City Clerk
City of Boynton Beach
lOa East Boynton Beach Blvd.
Boynton Beach, FI 33435
RE: Charles ~vf;.: AJevey
To Whom It May Concern:
Palm Beach County Division of Human Services received a request
from All County Funeral Home requesting assistance with Indigent
Burial for Charles McAlevey who expired on February 13, 2007. Mr.
McAlevey had purchased a plot with the City of Boynton Beach on
July 27, 1984. This is letter is to request a waiver of the opening and
closing fees for Charles Mc Alevey, Lot numbered 267 & 268 Block
Replat Plat Book 44. Helen Mc Alevey is already buried in one of
these plots and it was Mr. Mc Alevey's desire to be buried there also.
There are no other agencies that will assist with this matter.
Any assistance you could provide with this matter would be greatly
appreciated as it is our desire to honor Mc Alevey's last wishes.
IfYOll need anditional information, please contact me at 355-4773.
;2r::;
abrcna coo?-
Social Worker III
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VI.-CONSENT AGENDA
ITEM E.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in
Meeting Dates in to City CIeri< 's Office Meetim! Dates to City CIeri< 's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18,2006 (Noon) 0 March 5, 2007 Febn1ary 12, 2007 (Noon)
0 January 16,2007 January 2, 2007 (Noon) 181 March 20, 2007 March 5, 2007 (Noon)
0 Febn1ary 13,2007 January 22, 2007 0 ApriI3,2007 March 19, 2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Motion to Authorize the City Manager to Execute the Certification of Financial Responsibility
for the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDBtI) Injection Well Application
EXPLANATION: In December, 2006, the SCRWIDB voted to proceed with the Injection Well application with the
Florida Department of Environmental Protection. As part of the application process, the SCRWTDB must provide
certification to the DEP that it has the financial responsibility to perform the project. Therefore, both the City of Boynton
Beach and the City of De1ray Beach (the SCRWTDB members) must execute the Certification of Financial Responsibility to
indicate that each city is 50% responsible. See attaclunent A.
PROGRAM IMPACT: The statutory permit requirements needed to proceed with the Injection Well project application
will be met. The Injection Well project will proceed and eventually allow the discontinuance of the ocean outfall discharge
program at the South Central Regional Wastewater Treatment and Disposal Boarl>.
FISCAL IMPACT: (Include Account Number where funds will come from) $300,000.00, and funds can be found in the
account number, 403-5000-590-96-05.
ALTERNATIVES: Do not perform the Injection Well Project.
.
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Assistant to City Manager ~
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Department Name
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S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
ATTACHMENT A
C"<"'''''''''~~'l'1~:i! <''\Ilt:lllif.'..ii:Ii.t' ,'.''''....'r..':,''''"',,;.~'~.'.H>~.,.'..
Mar. 6. 2007 9: 14AM
DOiVYTY ROMER & CO,
')
No. 2690 P. 1
LAW OFFICE OF
ROGER G. SABERSON, P.A.
70 S.E. 4th Avenue
Delray Beach, Florida 33483
Telephone: (661) 272-8616
Facsimile: (561) 276-5603
PLEASE DELIVER TO:
Mr. JIM CHEROF
FAX NO: 0..742.6054
DATE: March 6, 2007
NUMBER OF PAGES ([ncluding Cover Sheet): /S
RE: South Central Reaional Wastewater Treatment and OisDDsal Board
Dear Jim;
Please find enclosed a letter from me regarding the Board's injection well application
and financial responsibility requirements.
Please call me when you get a chance. I spoke with Susan Ruby in Delray and she has
no problem with it.
Sincerely yours,
Roger G. Saberson
Tnlll Telecopy: Wijl Will NoI X be followlld by lhe delivery l1f an original hard copy. If you havellny dilf'lClIlly receiving this copy please call
(561) 272.8616 immediately. When transmillin9 documents 10 us Ihat require our immediate attention, please caD and advise us, since our lax machine
is nol continUously monitored. The informalion conlalned In this transmission Is alloMey privUaged and conlldenlialllnd is Intended onlY rorlhe use of
Ihe addressee named abovo. If you arll nol t/ul inlsnded rlcipient, you are h&/'8DY advislld Ihal any disfribuUon or copying of tills communication 16
strfelly prol1lb1led. If you have rllC41ivldlhis communicalion In enor, pleal6 noliry this film Immediately by collect telephone call and retum the incorrectly
lransmitled documenls 10 us at the above address via the U.S. Mail. We wiD reimburse you for your oul 01 pocket expenses. Thilnk you. Facsimile -
.(561) 276-5lK}3
Ma r. 6. 2 I) 0 7 9: 14AM
DOfY.)RTY ROMER & co.
)
No, 2690 P. 2
LAW OFFICE OF
ROGlER G. SAB1ElRSON9 JP.Ao
70 S.E. 4th Avenue
Delray Beacl'l, FL 33483
Telephone: (561) 272-8616
March 5, 2007
Ms. Susan Ruby
City Attorney
City of Delray Beach
200 NW 1st Ave.
Delray Beach, FI. 33444
Mr. Jim Cheraf
City Attorney
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FJ. 33435
VIA FACSIMILE
Re: South Central Regional Wasterwater Treatment and Disposal Board (the "Board")
Injection Well Application
Financial Responsibility Requirements
Dear Susan and Jim;
Our Board voted in December 2006 to proceed with an Injection Well application
with the Florida Department of Environmental Protection. Our engineers filed the
application and we have received back DEP's Request for Information (RFI) dated 9
February 2007 (a copy of which I enclose) which, among other things, requIres that we
demonstrate financial responsibility,
If [ could certify that we were a local government as defined in 21 B Part V we
could attempt to proceed ourselves to satisfy this requirement but I cannot. Section
218.502 defines "local government entity" to mean a county, municipality or special
district. In 218.31 (1) it defines "local government entity" to mean a county agency,
municipality or a special district as defined in 189.403.....(which definition we do not
meet).
I spoke with Mr Richard Deuerling of DEP (850)-245-8653 who is the person that
handles financial responsibility matters and he said we could satisfy the requirement by
having each of our City's approve the Certification of Financ[a[ Responsibility form
(which is enclosed and indicates each city is responsible for 50%) and have it signed by
the Mayor or City Manager whomever is appropriate to bind the cities. The City Attorney
of each City would provide the certification referred to in Attachment A of the RFI
indicating that the City meets the definition of local government as defined in Chapter
Mar. 6. 2007 9: 14AM DOCIt"\RTY ROMER & co.
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No. 2690 p, 3
Ms. Susan Ruby
Mr. Jim Cherot
March 5, 2007
Page 2
218 and also attesting to the City's coverage under Chapter 218, Financial
Emergencies. Your certification letter would be addressed to Mr. Richard Deuerling.
Florida DEP, UIC Program, MS-3530, 2600 Blair Stone Road, Tallahassee, Fl. 32399-
2400. Although the letters are so addressed I would appreciate it it you would send the
originals to my office. I believe they will be put together with other information we are
submitting to DEP,
Together with the certification form and letter we will need to submit a copy oOhe
financial statements for each city. Mr. Deuerling indjcatedth~t some local governments
financial statements can be accessed at their web sites. If this is so then we won't need
to provide separate text bound booklets of each city's financial statements. Could you
please let me know whether your financial statements can be accessed on your web
sites or are otherwise available on the internet. I presume that the financial statements
that are referred to are the most recent audits.
After your review of the enclosed information, if you agree, I would appreciate it
you would let me know when the Certification of Financial Responsibility could be
placed on your respective City Commission's agenda for approval. We are trying to
kept the application moving as quickly as possible with DEP.
Thank you for your cooperation in regard to this matter.
Cc. Mr. Robert Hagel
Mar, 6. 2007 9: 14AM
Dor'!)RTY ROMER & CO.
No. 2690
4
CERTIFICATION O~ FINANCIAt RESPONSIBILITY
The Cit of Bo nton Beach , a
unit af local government of the State of Florida, hereby certifi&s
that it has unconditionally obligated itself to have the financial
resources necessary to close, Plug, and abandon its Class I
underground injection welles) and related monitoring wells, as
required by Chapter 62-528, Florida Administrative Code. It is
further understood that the Cost estimate to conduct plugging and
abandonment, established on 12/18/2006 , shall be reviewed
I~r;e of COSt ES.Cima tel
on an annual basis and this obligation shall incorporate accumulated
inflation costs. An annual adjustment eXCeeding 10 percent ~n anyone
y~ar shall r~quire submission af an updated certification form.
List of Injection Wells Covered By This Agreement:
(for each injection well list the following information)
~ South Central Regional Wastewater
Facili ty Warne: and Disposal Board
FacUity Address: .leOl North Congress Ave. , Delray Beach, FI. 33445
Mr. Oobert Hagel, ,Executive Director
Facility Contact: ~
Treatment
Phone Number: . (561) -272-7061
Latitude/Longitude of Xnjection We11;Lat 26 deg 2B min 46 sec,
Long 80 deg 3 mln 1~ sec
DEP/EPA Identification'Number:S~RW~&DB UIC Permit No. 0272088-001-UC
- - **
Current Plugging and Abandonment Cost Estimate: ...$300.000.00
It is hereby understood thac the cancellation of this
certification may not take place. without the prior written
conSent of the Secretary of the Florida Department of .
EnVironmental Protection. **the undersigned City does
hereby agree to be responsible
for fifty (50%) percent of the
~lugging and Abandonment cost.
(S igna tUre)
(Print Name)
(title)
'l'H'i.~.f~
n4lit ..,be,: ~otlir i.ifJd
( Da t e)
Tile foregoing instrument was acknowledged be~ore me this . . 2007 by
as of the City of 'Rn1'lJ h..,...., RAA ~h
personally known to me or who has produced
identification.
who is
J as
NOTARY PUBLIC STATE OF FLORIDA
Printed Name:
Commission Number:
Commission Expiratfon Date:
O'''~~,(''W'''1iim~Ilt''.'''''''''!'_'''''i<Z~,''
Mar. 6. 2007 9: 14AM
Dor,viRTY ROMER & CO,
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No.2690
P. 5
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Florida Department of
Environmental Protection
Charlie Crlsl
Governor
Jell Kotlkamp
LL Govemor
SoufhellS! Djstricl
400 N. Congress Avenue - Suite 200
West Palm Beach. FIorlda 33401
Michael W. Sole
Secretary
ELECTRONIC CORRESPONDENCE
9 February 2007
Mr. Robert Hagel
Executive Director of UHlities
SCRWT&DB
1801 North Congress Avenue
Delray Beach, FL 33445
RE; ReQuest for Infonnation IRFI)
Construction and Testing Permit App6calion for Injection Well1W-1 allhe South Central Regional
Wastewater Treatment and DispDsal Board (SCRWT&DB)
UIC - SCRWT&D6
FILE: 0272086-001-UG (IW-1; MW-1)
Dear Mr. Hagel:
The Florida Department of Environmental Protection (Department or FDEP) acknowledges the receipt of
SCRWT&DB's permll application to construct and test Injection WeIlIW.1 81 the SCRWT&DB. The
permit application was received at FDEP's Southeast District office on December 19. 2006.
This letter constitutes notlce that the application is Incomplete and that additional Information is required.
Please respond 10 the concerns on the attached sheets. Please note that, based on 8 review of the
application, no further action will b6 taken Dn the application until the requesled informatfon on the
foflowing pages Is received.
ThiS staff assessment and RFI arC) preliminary and are designed to assist in the review of the application
prior to final agency aetton. The comments prDvided herein are not the final pDsition of the Department
and may be subject to revisiDn pursuant to additional information and review.
Please respond tD the issues addressed herein within 30 days of receipt of this correspondence. In
addition, please provide a comprehensive distribution list with each submitlal.
Should you hav6 any questions, please conlaet Mark A. Silverman, P.G., or Joseph R. May, P.G., of this
office at (561) 681-fi77B or (561) 661-6691, respectively.
JRM:mas
Cople~ fuml~had 10:
Dehflill C~lllS, SCRWT&DB
ROller Saberson, SCRWT&DB
Alban Muniz, H&S
Richard Deuerllng. FOEPfTLH
JOQ HaberfQld. FOEPfTLH
Tim Powell. fDEPIWPB
John Koro,hllC, H&S
John Largey. H&S
MlchaGl W9ngf9'1QVlch. H&S
"More Protection, Less Process ..
Wll'W.J.ljJ,Slale..j!",.1
Mar, 6. 2007 9:14AM
90rvERTY ROMER & CO.
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No. 2690 P. 6
Mr. Robert Hagel, P.E.
SCRWr&OB
RFI #1 - Construction P8rm~ Appllcallon (IW.1)
Page 2 of6
1. Application Item A.1.: Only the deep well locations are shown on Figure 6. Please locale the other
wells in Table 2 on an AOR map showing the number of wells per section, as listed on Table 2. Well
tocations that dO penetrate to the Floridan aquifer should be located on the map precisely.
2, If there are no known or suspected faulls within the AOR, then a slalement to that effect should be
made. If there are documented or suspecled faults then an appropriale figure should be provided.
3. Please submit a USGS sile location map indicating township, r~nge, and section and the
latitude/longitude of the project.
4. Please edit the east-wesl cross-section on Figure 10 to show the Palm Beach County System 3
(SROC) injection well. The SROC well is the closest to the SCRWT&OB site and is between the
PSC South em Regional well and the SCRWT&DB site. Also, please provide a legend for symbols
shown on the two cross-sections (Figures 10 8. 11) included in Section 2 of the application.
5. Application Item A.3.: Please submit a stratigraphic column of the expected geology and
hydrogeology at this site, The column should indicate $traUgr~phic names, interval depths,
lithologies, geological ages. aquifer system designations as well as the anlicipated base of the
underground source of drinking water (USDW).
6. Each new Class I municipal injection well must be able to comply with tho high-level disinfection
requirements prior to the start of injection. The treatment system must have the abilitY to meet the
requirements for all effluent injected. The abifity to slore or re-treat "reject" water from the reclaimed
water lreatment system must be considered.
7. The lateral poslllon Of the base of the underground source of drinking water (US OW) within the
proposed injfJction tone should be formally addressed. It is recognized [hat this may not be a critical
issue in much of the Southeast District so to fulfilllhe I\Ile requirement it is accaptabl~ for !he
applicant to slate the following if the USDW-injBction :z:one Inter1ace is 25 or more miles from the
proposed injection well:
Based on available information, it is expected that the proposed Injection zone does not contain
ground water with a total dissolved solids concentration of less than 10,000 mg/L withJn _ miles
of the proposed injection well.
If the USDW-injection zone interface Is expected to be less than 25 miles from the proposed
Injection well, more detail should be provided as well as an assessment of any effects the proposed
injection well may have on the interface.
8. Application Item A9.: Proposed InjBcllon Proceedure -lhe proposed injection procedure needs to
be addressed In this permit application, If it is not, a permit modification will be necessary before
operational testing can be allowed, at the option of the utility. Contingency plans to OOp5 with all
shut-illS or well failures, including emergency discharge provisions should also be provided.
9. Application Item A 11.: Although the application indi<;ates the outfall will be used in times wet
weather emergencies. there is no mention of wastewator disposal during scheduled or unexpected
maintenance or repair.
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Mar. 6. 2007 9: 15AM
Dor~~RTY ROMER & en
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No. 2690 P. 7
Mr. Rob~r1 HlIgel. P.E.
SCRWT&DB
RFI 111 - Conslruc;fion Permll APpliooon (IW-1)
Page 3 of6
10. Financial Responsibility - Section B
a. The CertificatIon of financial Responsibility rorm must be notarized as per Item 2 on the page
"Local Government GuaranteeD end the example form provided in Attachment A. This form will
need to be re-submltted. The cost estimate may need to be revised as explained below,
b. Certification of financial Responsibility form - The blank space on line 7 of the blank form
submitted (line S of the blank form included in Attachment A) should contain the date of the cost
estimate used to demonstrate financial responsibilily ~ not the amount of the estimate.
c. The itemized plugging and abandonment estimate does not contain an estimate for crushed
limestone. Also, the volume of oement needed to fill tt1e upper monitor well Is estimated by the
Department to be 1750 cubic feet, not the 24 cubic feet on Table 2. Both these items will
increase the cost estimate to plug and abandon this facility. Thus. please revise Tables 1 and
2.
d. Please submit downhole diagrams of Ihe Injeclion and monitor wells after plugging and
abandonment. The diagrams should show the placement of cement, including cement in the
fnlection well at fmm least 10 feet below the bottom of the casing to land surface.
e. The lelter from the SCRWT&OB attorney (n01 the Executive Director) is needed which
dIscusses the statute under which the SCRWT&DB is considered to' be a unit of local
government. The attorney also needs to attest to the SCRWT&DB's coverage under Chapter
218, Part V, Financial Emergencies or an equivalent statute.
f. Please mail the documents above containing original signatures directly to Richard Deuerling,
Florida DEP, UIC Program, M5-3530, 2600 Blair Stone Road, Tallahassee, Florida 32399-
2400. Please forward a copy of lhe transmittal lelter to the attention of Joe May at FDEP's
Southeast District oroce. tor its records.
TECHNICAL SPECIFICATIONS
11. Section 01010-2, A.15 to 19. - The pilot hole below the 34-lnch casing In the InJaction well should be
drilled to total depth before the 24-inch casing ~pth Is approved in order to best evaluate opllmum
setting depth. A bridge plug or gravel in the pilot hole will Okely need to be proposed to set the 24-
inch casing. Moreover, plans to run the flowrm~ter log from the base of the intermediate ca81ng to the
base of the confining SBQuence should be modified so that Its detection of low permeabmty beds is
not masked by the hIgh permeability of the Injection zone. (For instance, one measure to avert this
from occurring would be running the flowmeter log in the lowermost confinin~ sequence after setting
the bridge plug or graveL)
12. Seelion 01010-4, A.6, - A pilot hole should be drilled below the Hawthorn Group in the monitoring
well, and reverse air should be used to drill this well below the Hawthorn Group. Collection of
reverse air water quality, possible packer tesling, and enham:lng some or the geophysical logs are
the reaSOns to make these changes in design. It may be advantageous to set an additional casing
to the base of the Hawthorn Group before drilling Into the Floridan aquifer.
13. If paCker tests of potenlial monitoring intervals are performed in tile injection well rather than the
monitoring well, the data (e.g., reverse air water quality, geophysical logs) need to Ilgree with the
Injection well data or packer testing of the monitor well may also be requIred for casIng seat
approval.
Mar, 6, 2007 9: 15AM
OOt")RTY ROMER & co.
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No. 2690
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Mr. Rober! Hogel. P.E.
SCRWT&OB
RFI #1 - Construction p(lfrnir Appllc:lUon (1W.1)
Page 4 of 6
14. Section 02851 (Drilling) - Which portions of the injection and monitoring walls will be drilled with mud
and reverse air? See Comment 12 above conceming the monitor well.
15. Sl:IClion 02.856 (Coring) - What portions of each well wHl be cored (approximate depths) and what Is
the minimum number of cores to be taken?
16. Section 02857-2. 3.02.H.: Sulfates as a parameter for packer test alllllysis should be added to the
sample suite.
17. Section 02862 (lnjeclion Testing) - A variable rate injedion test fs proposed in Part 1.01.B. The
permitted rala for opera.tional testing and subsequent permits will be the average rate over the
12-hour injection period (with a maximum of 10 feet/second). A portion ofthe injection test may be at
a rale greater than 1 0 reetls~ond. however, in order to attain the deslrad average rate. It an
adequate volume of eMuent is not available for this lest, the permittee may apply for a rerating and
minor permit modillcation in the future when more eMuent is available. Presentation of the test
results should include barometrIc and tidal data for the enttre background, injection. and
post-injection periods.
18. RTS-
a. Fresh water should be dlschsf9ad down the well before RTS testing is initiated to establish a
buoyant force. Please identify the amount of water and lIS source.
b. Please indicate the minimal amount of time that the well will be shut-in (left static) in lha period
immediately prior to running the temperature log.
c. What is the total amount of tracer (Jodine-131 also known as 1311) that Will be loaded into
the tool?
d. The second RTS run should have an increased volume oftracer ejected.
e. Please describe the method and testing associated with electing the remaining tracer from the
RTS 1001 upon completion of testing. The Department recommends emptying the RTS lool of
any remaining tracor ln the first major receptive zone below the base of the injection well's final
casing with high rate flow within the well.
ENGINEERING COMMENTS
19. Pursuant to Rule 62-528.450(2)0) and DEP FOffil 62-528.900(1)A(10), FAC., please $ubmlt
engineering drawings of the surface and subsurface construction details of the system, IncludIng
design features for surge control and water hammer prolection. The drawings shall be signed and
sealed by a professional engineer registered in the State of Florida as required by
Rule 62-52B.440(5)(b), FAC.
[this space intentionally blank]
Mar, 6, 2007 9:15AM
Dorv.)RTY ROMER & CO,
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No, 2690 P. 9
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Mr. Robert Hagel, P.E,
SCRWT&DB
RFI 1f1 - ConslruOllon Permit AppliosUon (IW-1)
P1l9,:5 of6
The enginaerlng drawings. each signed and sealed by the professional(s) who prepared or approved
ii, should Include, but not limIted to, !he following:
. Facility location plan:
. Process 1Iow diagram:
Injection well construction with casing pipe diameter and pipe wall thickness;
wellhead details;
Monitoring well construction wIth pipe diameter and pipe walllhickness; wellhead details;
. Inlet piping from WNTPlWater Treatment Plant (WTP);
. Location of sampling point for the effluent;
. Flow equalizetion syslem, if any; wet well(s) or effluent slorage lanks;
. Pump slation and surface/subsurface suction/discharge piping to the injection well(s), fillers:
valv~ etc.; Flow control arrangemonl, if any;
Design features for surge control .r.nd water hammer protection:
Instruments and other devices;
. Monitoring well(s): purge piping, sample points and separation of sampling IiMS from other
lines to prevent cross connection and lntend~d disposal method of purge water,
The drawings shall be legIble and shall give sufficient detail to clearly appraise the Department of lhe
work to be Undertaken.
20. Pursuant to Rule 62-528,425(1){b}, FA C., please submit document(s) showing the planned
Installation of:
a. Continuous indicating, recording, and totalizing devices to monitor flow rate and volume.
b. Continuous indicating and recording devices to monitor:
I) The Injecaon pressure
ii) The pressure on the annulus between the tubing and the final casing or innermost string of
casing, if there is an annulus.
21. Pursuant to Rule 62-528.410(1 )(c): In tre design specifications for a Class I well, the applicant shall
address the problem of corrosion. proposed protective measure(s), and, when appropriate,
proposed methods of monitoring. The applicant shall consider Ihickness and type of cement,
number and thickness of casings, casing material, casing coatings. formation fluid (water) quality,
injection fluid quality end life expectancy of the well.
22. For wastewater injection well(s): Pursuant to Rule 62-600.540(4), FAC., for automalic devices u6sd
to monitor flow and pressure, please submit documents to show manual backup capability to monitor
wellhead pressure and flow.
23. For wastewater injection well(s): Pursuant to Rule 62-600.540(4)(a). F.A.C.. please submit
documents to show lhe effluent pumping station shall be protected from lightning and transient
voltage surges. As a minimum, stations shall be equipped with lightning arrestors, surge capacitors
or other similar protection devices, and phase protection.
Mar. 6. 2007 9:15AM
Dorv-)RTY ROME R & CO,
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No. 2690
P. 10
Mr. Robert Hag\ll, P.E.
SCRWT&DB
RFI #1 - Conslruclion Permit AppllcallCln (1W.1)
Page 6 of 6
Pleue note that r"ponles to the following comment. are not required (optional). Th...
commenta are basically communIcatIve In nature andlor may represent future permit
requirements:
24. There are references to the injection of concentrate in this application (Pages 7 and 8) which seem
to be in error. An olectronlc mail memo from Mr. Muni:z. received on January 5, 2007. confirms this
well Is only to be used for injection of municipal effluent after high-level disinfection.
25. On Page 7 of Section 2, It is Indicated thaI the maximum daily rate is anlicipaled to be 1 B.O to
24.0 MGD. For normal operating conditions, the allowable peak hourlY nOW rete is 16.65 MGD
(10 feet per second) [Rule 62-528.415(1)(1)2.. F.A.C.]
26. Page 5 in Section 6 Indicates that water samples collected during pac\(er testing will be analyzed for
pH, conductil/lty, TDS. ammonia, sulfates and chlorides, and that addillonal parameters could be
added If requested by FOEP. Page 02857-2 of the technical specifications also InCludes total
Kjeldahl nitrogen (TKN) as 8 parameter that will be tested from these water samples (though pH,
ammonia and sulfate 8Clem to be inadvertently excluded on this page). Please analyze the water
samples collected during packer testing for all of the above parameters and measure for specific
conductance in lieu of conductivity.
[thl8 apace intentionally blank]
Mar. 6. 2007 9: 15AM
Dorv-)RTY ROMER & CO.
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No. 2690
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Attachment A
Lotal Government GUIlf8Dtee
A unit of local government oithe State ofFloridll Illay demonslrflte fman.cial rCsponsibility as required in Rule
62-528.435(9), F .A. C., by submitting ill of the following infonnation:
1. The local govemnleat must f;lIbmit a letter from its attorney attcsting to the pennitlee meeting the dofinition of a
local govenunent as defined in Cbllptcr 218, Florida Stalutcs (F.S.). The auomoy must 81so atteit to the local
govemment's coverage under Chapter 218, Part V, F.S., Financial Emergencies. A copy of Chapter 218, Part
V, F.S., is provided with this attachment.
If the permittee is unable to obtain aleUer from its lIuomey regarding its st!Itus as a looal government, an
alternate demonstration of financial responsibility Dlllst be submitted to the FDBP. The alternatives suggested
by the FDEP are:
a. Surety Bond
b. Lettel' of Credit
c. Trust Fund
d. Financial Test
2. The local govenurumt lmlst submit a Certification ofFinancial Responsibility which certifies unconditionally
the obligation of too local government to perfonn plugging and abllndonment of its injection system(s) pursuant
to Chapter 62.528, F.A.C. The certification form provides infonnation On the location of the injection system(s)
guaranteed by lhe local government with the related cost estimates for plugging and abandonment.
The certification allows for an llIlI1ual cost increase of to percent withollt submission of an updated certification
form. Cancellation of the agreement may noltake place without the written consent oftbe FDEP SeCl'etaIy.
(10% increase applies llDly within a pcnnit cycle - fmancial respoll!libililY must address fnll amount when
renewing or reissuing II permit)
The penlon signing the Certification 01' behalf of the local government must be an indivicfua1 authorized to bind
the local government (the entity thaI is qualifying ll$ II local government - usually not just the utility for Ciiy or
County) to such an agreement The signing of this agreement mUllt be notarized to complete the processing of
,he "Certification of Financial R.espOllSibility" form. The wording of the cutification form is provided with this
attachment.
3. A copy of the financi1l1 st&tcments (for the cutity q\\alifying AS a local govemlllCDt - 'Usually not just the utility
for City Or County) for the latest completed fiscal year mU$t accompany items 1 and 2 above to complete the
financial package for review by !he FDEP. If the Departmrnt find$ through its rev:iew of the financial
statements that the financial strength of the unit of local government is qucstionable, the Department may notify
the penninee of it$ intentions to deny the financial package as su bmilted. The permittee would then be tcq1.1 ired
to submit an alternate financial demonst:r1ltion to meet the requirements of Rule 62-528.435(9), F.A.C.
Mar, 6. 2007 9 : 1 5 AM
DO('JI')RTY ROMER & CO.
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PlugrriT1j' and Abandonment Plan/Corr Determination - In order tD demonstrate finmcial respoll!ibilily a permittee
or applicant must submit a detailed plugging and abandonment (P&A) plan to the Department for approVlll
(injection and monitor well). The P&A plan should COnlain the following information:
I. A step-by-step plugging plan indicating where cement and other fillers (if any) will be placed.
2. A drawing showing the well cona; truetion and proposed placement of plugging materials. Appropriate depths
should be indicated on this drawing.
3. Calculations showing the derivation of the volume of cement and other fillers (If any) needed to plug the well
according to the plan ptepllred in Items I and 2 above. Separate calclllations should be made fot each well.
4. Calculr.lions showing the derivation of the tOlal cost for pluuiDi each well (injection and monitor welles)).
Costs should be itemized for each well (i.e. cement cost, InObilization cost, etc.). Financial responsibility must
be demonstratM for the sum of Ihl.' total cosl& for all injection .and associated monitor wells at a facility.
Timi1l1? of Demon3Irat;(ms . Department rules require that finalicial reaponsibility be demonstrated al the time of
permitting and maintained. A demonstration offUlllJ1cial rosponsibility will be required for each constm.ction and
openltion pennit application. Also, at any time chuing II pennit cycle, if updated plugging and abandonment costs
exceed tlle initial financial certification ltmo\mt by ten percent Or more, Ihen a redemonstrlltion $ball bll $'\lbmitted to
the Department. Updated pluaging and abandonment cosl estimates should be provided to the Department at the
midpoint of the pcnnit cycle. Permittees which utilize II UIC Financial Test shall redemonsltate annually, and
forward the latest annual report Or fmaocial statement.
Financial responsibility is requited for Clm I injection wells, and auy monitor well which penetrates to a depth
below the underground source of drinking water.
~mmQry - Department urc rules require that a permittee for a Class J injection well demonSlnlte and maintain
financial respOll6ibility. To do this, the applioant Or pennittee mllst first develop a plugging and IIbandonment plan
and detennine Ihe cost associated wJth implementing this plan ghould it become necess&l)'. These costs 8hould be
updated dl1ring the midpoint of Ihe ptnllit cycle and if the cost is ten percent OJ mare above the amOunt of the
previous financial responsibility rlen1ODstration is based, then !l rcdemonstration mllst be mllde to lhe Department.
Once the costs have been delermined, several methods are available to demonstrate financial responsibility. Each
method is described in the Departmenl's guidelines for demonstrating linancial responsibility.
Mar, 6, 2007 9:15AM
Dorl/')RTY ROMER & CO.
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CER~lFICATION OF FINANCIAL RESPONSIBILITr
The I a
unit ot local government of the State ot Florida, hereby certifies
that it has unconditionally obligated itself to have the financi~l
re~ources necessary to close, plug, and abandon its Class I
underground injection well(sl and related monitoring wells, as
required by Chapter 62~528( Florida Administrative Code. It is
further understood that the co~t e~timate to conduct plugging and
abandonment, established on , shall be reviewed
(D.!Ite of Co"t ,f;~hmdte)
on an annual basis ~nd this obligation shall incorporate accumulated
inflation costs. An annual adjustment exceeding 10 percent in anyone
year shall require submission of an updated certification form.
List of Injection Wells Covered By This Agreement:
(for each injection well list the following information)
Facility Name:
Facility Address:
Facility Contact:
Phone Number:
LatitUde/Longitude of Injection Well:
DEP/EPA Identification Number:
Current Plugging and Abandonment Cost Estimate:
It is hereby understood that the cancellation of this
certification may not take place without the prior written
consent of the Secretary of the Florida Department of
Environmental Protection.
(Signature)
(Print Name)
(Title)
(Date)
Mar, 6, 2007 9:15AM
Dor~~RTY ROMER & en
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No, 2690
P. 14
CHAPTER. 218
FINANCIAL MATTERS PERTAINlN'G TO POLITICAL SUBDIVISIONS
PART V
FINANCIAL EMERGENCIES
218.50 Short title.-.Sections 218_50-218.504 mall be known liS the "Local Government Financial
ElI1erge.ucies Act..
History.--s. 8, eh. 79-183.
218.501 Purposea,-- The purposes of ss. 218.50-218.504 arc:
(I) To preserve and protectlhe fiscal solvency ofloeal govemmenlal entities.
(2) To auist local governmental entities in providing C!lsential services without interruption and in meeting
their financial obliglltiO/lS.
(3) To Mslst loc~l governmental entities through lhe improvoment oflocal financial management
procedures_
HJstory,--s. 8, ch. 79-1&3; 8.25, eh. 96-324.
118.502 Defmition.--As used in ss. 218..50-218.504, the term "local govenuIlC!ltal entity" means a county,
IUIlnicip<lJiIy, or special district.
History.--s_ B, ch_ 79-183; s. 26, ch_ 96-324_
oeems:
2UI.503 Determination of financial emergency.--
(1) A local governmental entity is in a sUIte offrnencial emergency when any of the followini conditions
(a) Failure within the same fiscal year in which due to pay short-tenn loans from banks or failure to mue
bond debt service payments wh~ due.
(b) Failure to transfez- at the appropriate time, due to Jack of funds:
I. TlIXes withheld on the income of employees; or
2. Employer end employee contributions for:
8. Federal socitl security; Or
b. Any pension, retirement, Or benefit plan of an employee.
(e) Failure for one p.y period lo pay, due to lack of funds;
1. Wages and s!llanes owed to employees; or
2. Retirement benefits owed to former employees.
(d) An WlIeiernd or total fund balance or tctllined earnings deficit for which sufficient resources of the
local governmentlll entil)' arc not available to covez- the deficit for 2 successive yoars.
(e) Noncompliance of the local government retirement system with actuarial conditions provided by Jaw,
(2) A local governmental entity ~all notify the Governor and the Legislative Auditing Committee when
one or more oftbe conditions 6pecified in subsection (1) have occurred or will occur ihetion is not taken to assist
the local governmenlal entity. In addition, any state agency must, within 30 days after the identi6catilln of the
financial (JJJ1eTgency, nobfy the Governor ~nd the Legislative Auditing Committee when one or more of the
conditions specified in subsection (1) hllve occ~lO-ed or will OCCUr if action is not taken to assist alooal
govemmenla! ontity.
(3) Upon notification that CIne or more of full conditions ill subsection (1) exist, the Qovernor or hi, or her
de~i8nee shall cootact the local governmental entity 10 determine what actions have been Ween by the local
governmental entity to resolve the fmancial emergency. The Governor has the authority co implement measllrt:s as
sel forth in 8S. 218.50-218.50410 resolve the financial emergency. Such measures may include, but are not limited
to;
(Il) Requiring approVllI oithe local govenunenral entity'8 budget by the Governor.
(b) Authoriring a state loan to the 10ClI! governmental entity and providing for repayment of same_
(c) Prohibiting alooal governmental entity from issuing bonds, notes, certificates ofindebtednes&, or any
other fann of debt until such limo as il is no longer Jubject to this section.
(d) Making such inspections and reviews of recorda, infonnation, reports, and Msets of the loeal
governmental entity, in which inspe<Jtions and Teviews the appropriate loca.l officials shall cooperate.
"Mafe Protection, Lt>.'io~ Pmcess"
www.dep.$(alf<.rr.us
Mar, 6, 2007 9:15AM
Dor~!RTY ROMER & CQ
)
(
,
No. 2690
P. 15
(e) Consulting with the officials of the local govcmmcntal entity and the Bppropriate itate agency regarding
any steps necessary to bring tbe books of accotml, aocounting systems, financial procedures, and repor\9 into
compJiance with state requirements.
(f) Providiug technical assistance to the local governmental entity.
(g)
I. Establishing a finaucial emergencies board to oversee the activities of rhe local governmmtal entity. The
board, if established, shall bo appointed by the Governor. The Governor shalllelect a chair and such other officers
as llre necessary. the board shall adopt such ntles ~s arc necessary for conducting board business. The board may;
B. Make such revicws of records, reports, and auets of the local gO\lemIllClltal entity as are needed.
b. Consult with the officials of the local govcmmeutal ontity and appropriate state officials regarding Ilny
steps necessary to bring the books of account, accounting syatems, financial procedures, and reports of the local
gove.rnmentalllDtity into compliance with state reqllirements.
c. Review tbe operations, management, efficiency, productivity, and financing offunctioftS aDd oP~nltions
of the local governmental CIItily.
2. The recommeudlltions and reports made by the board mUst be &ubmitted to the Govomor fDr appropriate
action,
(11) Reqlliring and approving 8 plan, to be prepared by the appropriate slllte .goncy in conjunction wich the
local goveI'Dl'Ilental entity, prescribing actions that will cause the local governmental entiLy to no lougcr bo subject to
this se<:non. The plan must include, but need 110t be limi ted to:
I . Provision for payment in full of all payments due or to come due an debt obligations, pension payments,
and all payments .nd charges imposed or mandated by feeleral or srate law ancl for all judgments and past due
accounts, as priorily items of expenditures.
2. Establi.shm<mt of a basis of prioriL)' budgeting or :terG-based budgeting. so liS to eliminate low-priority
items thai are not affordable.
3. The prohibition of a level of operations which can be sustained only with nonrecurriCli revenues.
(4) During the fiJll\neial emergency period, the local governmental entity may not seek application oflRws
Wider the blmkruptcy provisions ofthc United Sta~ Constitution except with the prior approval of the Governor.
HistorY.us. 8, ch. 79-183; $,54, th. 89-169; s. 1180, ch. 95-147; s. 27, ch. 96-324; 8. 29, ch. 97-96.
218.504 Ces,atio:u of state actiOJl.- The Governor bas Ihe authority to terminate all state actions pursuant
to 55. 218.50-218.504. Cessation of stllte action must not occur until the Governor has determined that:
(I) The local governmental entity:
(a) Has established and is operating an effective financialllccounting and reporting system,
(b) Has corrected or eliminated !he fiscal emergency cOlldiLions outlined in s. 218.503.
(2) No new fiscal emergency conditiOl'\$ ex:ist.
Histol'Y.--s. 8, ch 79-183; s. 28, eh. 96-324.
VI.-CONSENT AGENDA
ITEM F
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to C itv Clerk's Office
0 August I. 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18, 2006 (Noon)
0 August 15.2006 July 31, 2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16, 2006 (Noon)
[8J September 19,2006 September 5, 2006 (Noon) 0 November 21,2006 November 6.2006 (Noon)
0 Anno uncements/Presentati ons 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM [8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Authorize the use of$I,500 for Gulf Stream Council, Inc. Boy Scouts of America, $2,000 for the
Community Caring Center and $1,000 for the Galaxy Elementary School Spring Carnival from Mayor Jerry Taylor's
Community Investment Funds.
EXPLANATION: Commission approval is requested for allocation of the following:
" $1,500 Gulf Stream Council, Inc. Boy Scouts of America
" $2,000 Community Caring Center
, $1,000 Galaxy Elementary School Spring Carnival
PROGRAM IMPACT: Allocation offunds will assist the above program.
FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate
subject to Commission approval.
Department Head's Signature
AL TERNA TIVES: Decline to authorize the requested use.
Assistant to City Manager
City Attorney / Finance
Department Name
S\I3LLLETINIFORMS\AGENDA ITEM REQUEST FORM DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: March 13, 2007
Requested by Mayor/Commissioner: Mayor Taylor
Amount Requested: $1,500
Recipient/Payee: Gulf Stream Council, Inc. Boy Scouts of America
Description of project, program, or activity to be funded: Provide uniforms, program
materials and help underwrite the cost of camping and other outdoor adventures.
Dated: .3-/I-cJ 7
By r~ /6Je'.?
, v
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $15,000. $2.500 has been used to date by the requesting Member, leaving a
balance of available funds of $12,500. This request would bring the available amount down
to $1 LOOO.
Accordingl y:
)l; There are funds available as requested
~ There are insufficient funds available a~7Wesi.e~. j
Dated: ,-j!r4/V7 By: ~J~
I I Finance Director
Part 111- Eligibility Evaluation (to be completed by City Manager)
:J The proposed expenditure of funds will not result in improvement to private
property;
:J The recipient/payee provides services within the City of Boynton Beach:
::J The project program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City: and
::J Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
Dated:
By:
City Manager
S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
''''~''--'~''-'''''""''"'_~_~~'''''''~'''"''<'''''''''.J'';''''''''~~-'''''';'''''''"~
Gulf Stream Council. Inc.
Boy Scouts of America
f','\35 North Militmy Trail
p,i\m fleach Cimdcn:;. Florida 334 10
phone 56 J -694-8585
FdX: 561-6L14-L1050
wwW. \~u list rea mcOl I nci l.on,~
February 19, 2007
Dear Mayor Taylor:
Thank you for your support of the Gulf Stream Council, Boy Scouts of America. With your
support over the past years Boy Scouts Of America has been able to continue to provide quality
programs and services to the Boynton Beach community, with nearly 1,400 young men
participating in our traditional Scouting programs.
The Boy Scouts of America have been serving the youth in our area for nearly one hundred years.
Today, Scouting Values are needed more than ever. I know that our two organizations share the
goal of bettering the lives ofthose around us, especially children, and that is why I am contacting
you today.
The BSA is committed to bring back scouting to the various ethnic minority communities within
the community. These young people so desperately need a program such as Scouting. Financial
support provides uniforms, program materials and helps underwrite the cost of camping and
other outdoor adventures.
The Gulf Stream Council, Boy Scouts of America would like to ask your help to support the
efforts of this Council by considering a $1,500 contribution this year.
I look forward to hearing form you.
Sincerely,
..;r"~- .-- ..
. .,,'-
Jim Bowman
District Executive
(561) 667-3431
jbowman@bsamail.org
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: March 13, 2007
Requested by Mayor/Commissioner: Mayor Taylor
Amount Requested: $2,000
Recipient/Payee: Community Caring Center
Description of project, program, or activity to be funded: Funds are to be used to provide
food for the Community Caring Center.
Dated:J- /1I-c:J /7
By: rr.~
/~ "
,>
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $15,000. $4,000 has been used to date by the requesting Member, leaving a
balance of available funds of $11,000. This request would bring the available amount do\^m
to $9.000.
Accordingly:
j( There are funds available as requested
:J There are insufficient funds available a
Dated: ..... ~)1() 7
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
:J The proposed expenditure of funds will not result in improvement to private
property;
:J The recipient/payee provides services within the City of Boynton Beach;
:J The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
:J Proper safeguards wi1J be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
Dated:
By:
City Manager
SICity MgrlAdministrationlMA YORCOMICOMMUNITY INVESTMENT 2005-20061BLANK FORM REVISED05-
06 doc
;"~"'."W~"''''''''''~~'''1f''',*"''''''J''''V''''_;'''~~"''''_;"",,
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: March 13, 2007
Requested by Mayor/Commissioner: Mayor Jerry Taylor
Amount Requested: $1,000
Recipient/Payee: Galaxy Elementary School
Description of project, program, or activity to be funded: Help to fund Galaxy Elementary
School Spring Carnival on Saturday, April 21,2007.
Dated:3-/y'-C) 1
(
By:
Part II-Ayailability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $15,000. $6,000 has been used to date by the requesting Member, leaving a
balance of available funds of $9,000. This request would bring the available amount down to
$8,000.
Accordingly:
)l There are funds available as requested
o There are insufficient funds available as r
Dated:
(-3//L//ol
{ (
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
o The proposed expenditure of funds will not result in improvement to private
property;
o The recipient/payee provides services within the City of Boynton Beach;
o The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
o Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
Dated:
By:
City Manager
S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
Guam Sims
Principal
Alvin Perlman
Assistant Principal
ELEMENTARY SCHOOL
301 Galaxy Way
Boynton Beach, Florida 33435
Phone 561/369-7090
Fax 561/369-7041
3/1/07
Mr. Jerry Taylor
Mayor of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach I Florida 33435
Re: Galaxy Elementary Community Spring Carnival
- Galaxy Elementary Community Spring Carnival
Saturday, April 21, 2007
Dear Mayor, Jerry Taylor:
Galaxy Elementary along with our Shining Stars families is having a
Community Spring Carnival. In conjunction with this carnival, we wi" be
showi~g .appreciation to our c~mmunity and ~akehoJders who have supported ~OOL Dl.s-
our shIning star students durIng our academIc school year. ~( ~J'-l
1~ ~.t-
~ BEACH ~:,
'"'''''''"''''''''.:;.$~~'~~''k'f.'''''"''''''__~'''''''
This carnival will take place a month after the FCA T and this is our way of
showing our students and community that we appreciate them for all of their
hard work, especially our shining star students. We are hoping that this
family and community event get together of fun, food and laughter, would be
a way of relieving some of the stress our students felt when preparing for
and taking the FCA T.
We are asking you to join hands with us as we make this event a grand
success. We would like for the City of Boynton Beach, to make a contribution
to this fun filled cause. Please see attached our expense sheet. Any amount
that you might be able to contribute will be greatly appreciated. If donating,
we would like to receive the contribution no later than Friday, March 16,
2007. Make all checks payable to Galaxy Elementary School.
Thanking you in advance for your donation and cooperation. If you should
need further information, please feel free to call, Erica Minus, Guidance
Counselor at Galaxy Elementary School, (561) 739-5600
Y~rs in E~uC4tion~'
Er.C4 R. Monus U ~
Jan 28 07 1241p
P alri ck Lem ke
A perfect 'PartY~ Inc.
~lf5-A Southern BlVd.
WeSt 'Pa1m BeaCh, FL 33tf15
(561) 798-17li4 Fax (561)686-3693
CJJlLlw.aperfectpa~ . net
Name f AddrEss
Galaxy Elementary
301 GalllXy Way
Boynlon BelICh. FL 33435
Atm.: Erica Minus
Party Date Time Home Phon
4/2112007 4- Hour.:
Description
24' high Dry Slide with ll.ttllndnnt
Bungie Run with attendant
f)uTlk Tank. no attendant
2 Ponics w. handlers 2 houn;
CRmival Booth - 2 Garnes w. Attendant and Pri",es (\111k
To,;s. Belll1 Bag Toss. Double Sh()[ Ba.'lketbalJ, and Brenk
Cvlt(m Cundy w. Attcndunt and 250 Supplies
Hot Pn::l::r.d w. Atlcndllflt:md 100 Supplies
Candy ^pple~ I{)() en!.
Mechanical Ridc..~: Space: Orbiter Bu~kcl ride w. attendant
people- (similar to Straw berry Ri ue;)
Mechanical Rides: Airplane Ride w. attendant. 8 people
-
~,"<''''''''''~-'"''''''''';,~,..
e#
Rotl
liP!;
. It
561-792-0622
P::'
Estimate
Date
Estimate #
4/21/2007
497
Co" Phone # Work Phone # Fax#:
J69.7090 369-7041
Qty RS1e Total
I 400.00 400.00
I 375.00 375.00
l 175.00 175.U()
r 385.00 3S5.00
2 325.00 650 DO
1 250.UO 25000
] 240.00 240.00
1 300.00 30000
] 700.00 700.00
] 700.00 700.00
Subtotal $4,175.00
Sales Tax (6.5%) $0.00
Total $4.175.00
Signature
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM G.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 5, 2006 November 20,2006 (Noon.) D
D January 2, 2007 December 18, 2006 (Noon) D March 5, 2007 February 12, 2007 (Noon)
D January 16, 2007 January 2, 2007 (Noon) ~ March 20, 2007 March 5, 2007 (Noon)
D Februal) 13,2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon)
D Anno uncements/Presentati ons 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: Authorize the use of$2,000 for the National Youth Association for Academics & Athletics, Inc.
from Commissioner McKoy's Community Investment Funds.
EXPLANA TION: Commission approval is requested for allocation of $2,000 for the National Youth Association for
Academics & Athletics, Inc. to assist in funding for hosting an Annual High School Seniors Boys & Girls All Star Basketball
Classic at Boynton Beach Community High School. This organization was previously funded through Community Investment
Funds on AprilS, 2005 for $1,000.
PROGRAM IMPACT: Allocation of funds will assist the above program.
FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $15,000 in Community Investment Funds to allocate
subject to Commission approval.
ALTERNATIVES: ecline to authorize the requested use.
~
City Manager's Signature
De
Assistant to City Manager
Department Name
City Attorney I Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: March 16, 2007
Requested by Mayor/Commissioner: Commissioner Carl McKoy
Amount Requested: $2,000
Recipient/Payee: National Youth Association for Academics & Athletics, Inc.
Description of project, program, or activity to be funded: Funding for hosting an Annual
High School Seniors Boys & Girls All Star Basketball Classic at Boynton Beach Community
High School.
Dated:,i-/~-",/, BY:_~,,=, I~
Part II-Availability of funds (to ie completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $15,000. Nothing has been used to date by the requesting Member, leaving a
balance of available funds of $15,000. This request would bring the available amount down
to $13.000.
Accordingly:
X There are funds available as requested
o There are insufficient funds available as r
Dated:
J!r<P!OJ
I I
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
~The proposed expenditure of funds will not result in improvement to private
yroperty;
rThe recipient/payee provides services within the City of Boynton Beach;
~The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
~oper safeguards will be implemented to assure that the public funds being
appropriated will be used for the state~ Pj~e.
'3 -( b- 07 By: ~
City Manager --
Dated:
S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
N.YA.A.&A.
The N ational Youth Association for Academics & Athletics
Dear Friend:
"Investing in the future through our youth 11
The National Youth Association for Academics & Athletics, Inc. isa grass-root non-
profit 501 C3 organization that was established to provide programs and activities that fulfills a
demonstrated need for the youth in our community. This organization provides personal growth
for youth, while reinforcing positive influences, self-confidence, self-esteem and the ability to
excel in the future. NY AA&A is also committed to our community need by educating,
motivating while encouraging leadership, teamwork, sportsmanship and fun through the
involvement of our programs.
With our associations we help elementary students, prepare for middle school; middle
school students prepare for high school; high school student prepare for college and college
student prepare for life!
In 2003, we successfully established a youth flag football league, which is now run by
our local City Parks & Recreation Department. We are in the process of sponsoring aT-ball
league with in our city and each year we sponsor under privilege youth, to attend swnmer sport
camps.
In 2005 we hosted our 1 st Annual Black-Tie Gala in honor of celebrating the 51st
Anniversary of Brown vs. The Board of Education. During this event, we honored three local
pioneers who integrated two local high schools after this famous ruling. We also rewarded three
local high seniors with our annual "Les Evans" scholarship.
We are now in the process of hosting our Annual High School Seniors Boys & Girls All-
Star Basketball Classic. This event gives over ninety high school seniors from Palm Beach,
Orange, Osceola, Seminole and Lake Counties a great opportunity to continue their education
through an athletic.scholarships. Over the past four (4) years we have help thirty-seven (37) high
school seniors attend college through this event.
As you know a non-profit organization rely on sponsorships, donations, and contributions
to help continue our mission. Therefore we are requesting sponsorship to help cover the cost of
the upcoming event. Proceeds from this event goes toward our "Les Evans" sponsorship fund.
If more information is needed, please contact us at 561-736-5743 or 561-436-8997, we
would like to thank you in advance for your support. Checks can be made out to the National
Youth Associationfor Academics & Athletics, Inc.
Sincerpfy, .
C~~.~
./ President. NYAA&A
2001 N. Seacrest Blvd. · Boynton Beach, FL 33435 · (561) 512-~689 · (561) 752-2019 · Fax.(561) 736-5743
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM H.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 5. 2006 November 20,2006 (Noon.) 0
0 January 2. 2007 December 18,2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon)
0 January 16.2007 January 2, 2007 (Noon) C8J March 20, 2007 March 5, 2007 (Noon)
0 February 13.2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon)
0 Announcements/Presentati ons 0 City Manager's Report
NA TURE OF 0 Adm inistrative 0 New Business
AGENDA ITEM C8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOM M ENDA TION: Authorize the use of $3,000 for the Jayne E. Miller Nursing Scholarship Fund from Commissioner
Weiland's Community Investment Funds.
EXPLANATION: Commission approval is requested for allocation of$3,000 for Bethesda Memorial Nurses Week,
sponsorship of scholarship fund to assist in the education of nursing students. This organization has been previously funded
through Community Investment Funds on the following dates:
, $l,500
, $2,000
, $2,500
April 20, 2004
May 3, 2005
May 2,2006
PROGRAM IMPACT: Allocation of funds will assist the above program.
FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $15,000 in Community Investment Funds to allocate
subject to Commission approval.
Department Head's Signature
~ature
A L TERNA TIVES: Decline to authorize the requested use.
Assistant to City Manager
Department Name
City Attorney I Finance
S\llUI.I.ETINIFORMSIAGENDA ITEM REQUEST FORM DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: March 16, 2007
Requested by Mayor/Commissioner: Commissioner Ron Weiland
Amount Requested: $3,000
Recipient/Payee: Jayne E. Miller Nursing Scholarship Fund
Description of project, program, or activity to be funded: Bethesda Memorial Hospital
Nurses Week, sponsorship of scholarship fund to assist in the education of nursing students.
Dated: 3 - /~ - 6J/'
By: n~//~L-
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $15,000. $5,500 has been used to date by the requesting Member, leaving a
balance of available funds of $9,500. This request would bring the available amount down to
$6,500.
Accordingly:
)( There are funds available as requested
o There are insufficient funds available
Dated:
-3 /1C4 to 7
I I
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
~ The proposed expenditure of funds will not result in improvement to private
property;
~ The recipient/payee provides services within the City of Boynton Beach;
;;/ The project, program or activity which is being funded will occur in the City
. ..;6f Boynton Beach and participation is open to all residents of the City; and
6" Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated pu ose.
Dated:
1, - \ (0 ~ '01
By:
S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
"
;:)IHrrJ.l~
'" LUVU .LV...J".,)
r...:Jf r r~.,;)
WHO IS JAYNE MILLER?
Jayne Millers long brave battle with cancer started on April 1, 1990 when she
sought treatment in our E.D.for what she thought might be signs and symptoms
of an Innamed gallbladder. After a work-up including lab test$ x-rays,
ultrasounds, CAT Scans and liver biopsies, the diagnosis was made - malignant
melanoma of the liver. More than Rkely the melanoma was of the ocular varfety;
which was probably a metastasIs from the ocular melanoma of the eye, she had
enucleated 7 years prior. As Jayne often tackled problems in her systematic,
goal-orlented way, she investIgated each avenue that she thought might be open
to her from liver transplant to experimental Jeukovorfn treatment. Weighing the
benefits against the risks, and narrowing down the alternatives, she sought
treatment at the University of Miami where she had to undergo tortuous hours of
treatment in claustrophobic conditions resulting in severe side effects that had
her and her family wondering if. she would ever get through the next treatment
When"she was strong enough, she'd return to work and pick up where she reft. off
as if she weren't going through the most dlmcuft battle of her entire life. With the
shadow of her father's 9 month battle with cancer constant In her mind and th$
failure of the first tr~atment, she went on to receive chemotherapy while awaiting
her placement In an NIH study for experlmentalleukovorin andinterferron
therapy at the National Cancer Institute in Washington. Matching her case and
progress with similar pafienl$ in ~e study I she calculated the progression of tf1e
cancer within her liver now 30% Involvement, now 35% Involvement,and ftnally
75%. Ultimately Ute experts at Nel could do no more for her and thought It best
to discontinue itle trea,tment since at this point the benefits no longer oLitwerghed
the risks. Undaunted. Jayne stili Investigated alternatives. taking her strength
from her strong religious beliefs and her supportive Immediate and extended
family. Her husband carried on the every day activities of raising twO boys, one
18 and one 5, with the help of his parents, a. well as having the demands of a
very responsible Job with the PBC Fire Department with which to contend.
Jayne's mother, now a widow due to her husband's unsuccessful "battle with
cancer, gave up her life in Ohio to accompany her daughter on every treab'nent
wherever it was. She, maintained the housekeeping chores of a busy family life
and cared for Jayne when she was tlnally confined to her home.
Jayne would oftenreftect on her circumstances. She said that right before she
\Na9 diagnosed she felt that she had been wo'rkfng tOo hard, stretching herself in
too many directions Bnd that she'd better heed the warning signs of too much
stress and too much work. She had a gen~1 sense of impending illness
although nothing specific In terms of signs and symptoms until the right lower
quadrant pain the weekend before she was dIagnosed. She often reftected on
the outcome. should she haVE! sought ehemothetapy after the enucleation of the
ocular melanoma seven years prior. which was an alternative posed to her then
that she turned down. She added that, although being a nurse, she didn't really
internalize the severity of the existence of a melanoma and thought that the
surgical excIsion of It was enough at the time. After all. she never really felt
"slckll as a result of her eye. .
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., - After repeatedly getting a clean bill of health from fonow.up cancer screenings
years down the road from the enucleation, it reinforced even more that her battle
with cancer was over.
Thus having been lulled Into a false sense of security, she let the CAT Scans of
the Abdomen, etc., slip In the year or twO prfor to her liver melanoma diagnosis.
She often brought up this sad fact knowing full well that there was more hope for
a s.uccessful outcome should the tumor have been found before there was 30%
liver involvement. We used to try to convince her.that it was easy to make all the
right decisions In retrpspect but I knowshe regretted it I bring this up now not to
shed fight on a "character" flaw of a truly noble humanbefng who was more
graciOUS in sickness than she even was in health; and thafs going some. She
had the remarkable talent of making you feel more comfortable with herilfness
than you.thought you could be. I emphasize it now to demonstrate just how
fragile one's existenoe on this earth Is, and to not grow ~asual about taking
special care of one's health. If one were to err, better to err on the side of caution'
than dismissing it as an over,;,reaCUon. Being the kind of person she was, J know
Jayne would have wanted some purpose to come of all this besides the suffering
and pain she and her family have gone throug h and ate still experiencfng from
her IOS9.
Jayne died onFebru~ry 17, 1991 t at the age of 35, after a 9 month battle with
cancer. Shortly before her death the opportunity presented Itself to inform her
that we would be naming the Nursing Scholarship Fund after her. The plessed
look on her face was evident at this announcement and the prospect of launching
the education Qf nursing students in pac Where she had the opportunity to h$Ve
her nursing career flourish. Her family and friends h'I;lV9 risen to that occasion by
making numerous and g~neroiJs donations to the fund In her name. Her &On8,
J~me8 and Matthew survive Jayne. She Is In aU our hearts, and W& keep her
alive In our thoughts and with every scholarship we award to the Palm Beach
County community..Ourtng Nurses's Weeks in the past, a few of the events have
Centered on fund raising &ctJvities for the Scholarship Fund.
VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 5, 2006 November 20, 2006 (Noon.) D February 13, 2007 February 5, 2007 (Noon)
D January 2, 2007 December 18, 2006 (Noon) D March 6, 2007 February 20, 2007 (Noon)
D January 16, 2007 January 2,2007 (Noon) [gJ March 20, 2007 March 5, 2007 (Noon)
D February 6, 2007 January 16,2007 (Noon) D April 3, 2007 March 19,2007 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
[gJ Public Hearing D
RECOMMENDATION: Please place this request on the March 20,2007 City Commission Agenda under
Public Hearing. The Planning and Development Board on February 27,2007, recommended that the request be approved.
For further details pertaining to this request, see attached Department Memorandum No. 07-007.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION
Jerry's Cigar Lounge (Paz Plaza) (COUS 07-001)
Jerry Pearson II
Jerry Pearson II
3301 West Boynton Beach Boulevard
Request for conditional use approval for a 1,200 square foot "cigar lounge" in a
commercial center located on the north side of Boynton Beach Boulevard,
approximately one-half mile west of Congress Avenue in the C-3, Community
Commercial zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
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S:\Planning\SHARED\WP\PROJECTS\Paz Plaza\Jerry's Cigar Lounge COUS 07-001 \Agenda Item Request Jerry Cigar Lounge COUS 07-001 3-20-07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-007
TO:
FROM:
Chair and Members
Planning & Development Board
Michael RumPf~
Director of Planning and Zoning
~'(V (ir
Gabriel Wuebben'\o
Planner
THRU:
DATE:
February 20, 2007
PROJECT:
Jerry's Cigar Lounge / COUS 07-001
REQUEST:
Conditional Use for bar/lounge (Beer and Wine)
PROJECT DESCRIPTION
Property Owner: Paz Plaza, Inc.
Applicant/Agent: Mr. Jerry Pearson II
Location: 3301 W. Boynton Beach Blvd. (see Location Map - Exhibit "A")
Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
Bar/Lounge
Acreage:
1.18 acres
Adjacent Uses:
North: Right-of-way for the LWDD L-24 Canal and further north, developed
commercial property (Walmart) zoned C-3 (Community Commercial);
South: Right-of-way for Boynton Beach Boulevard, and farther south, a planned
residential development (Stonehaven) zoned PUD; to the southwest,
commercial office building zoned C-1 (Official Professional);
East: Vacant property zoned C-3 (Community Commercial); and
West: Developed commercial property (Greentree Plaza) zoned C-3 (Community
Commercial.
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Jerry's Cigar Lounge - COUS 07-001
P"3ge 2
Memorandum No. PZ 07-007
BACKGROUND
Mr. Jerry Pearson is seeking conditional use approval for a 1,200 square foot "cigar lounge" that
proposes to serve beer and wine in conjunction with the sale of, and on-site smoking of, cigars in a small
commerce plaza) located on the north side of Boynton Beach Boulevard about one-half mile west of
Congress Avenue. The lounge will seat eleven patrons around a bar, and will provide assorted seating
(lounge chairs, sofas) for approximately six to eight more patrons. A large humidor (a container or room
where the humidity is controlled for storage and display of cigars) will occupy the wall at the west
portion of the space. An office and a new restroom for patrons will be constructed, and an existing
restroom will be preserved for employee use. Jerry's Cigar Lounge will be located in a bay at Paz Plaza,
on a 1.1B-acre parcel in the C-3 (Community Commercial) zoning district.
Per Chapter 1, Article II. Definitions, of the Land Development Regulations, a "bar or cocktail lourn]e" is
defined as follows: "An establishment devoted primarily to the serving of beer, wine, or liquor, or any
combination thereof, for on site consumption. The service of food shall be incidental to the service of
alcoholic beverages." A bar is a conditional use in the C-3 zoning district when located within six
hundred (600) feet of property lying within a residential zoning district as measured by direct distance
between property lines. A conditional use requires greater scrutiny in reviewing site design, operational
characteristics and potential impacts on surrounding properties.
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Section 11.2.D of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning and Zoning
Division's evaluation of the application as it pertains to each of the standards.
Per Section 11.2.D., the Planning & Development Board and City Commission shall consider only such
conditional uses as are authorized under the terms of these zoning regulations and, in connection
therewith, may grant conditional uses absolutely or conditioned upon the faithful adherence to and
fulfillment of such restrictions and conditions including, but not limited to, the dedication of property for
streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of
the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony
with the intent and purpose of this section. In evaluating an application for conditional use approval, the
Board and Commission shall consider the effect of the proposed use on the general health, safety and
welfare of the community and make written findings certifying that satisfactory provisions have been
made concerning the following standards, where applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and access
in case of fire or catastrophe.
According to a current survey of the subject property, there are two (2) existing points of
ingress/egress. The first existing access point is located at the southeast corner of the property, and
provides direct vehicular access from Boynton Beach Boulevard. The second existing access point is
located at the southwest corner of the subject property, and also provides direct vehicular access
from Boynton Beach Boulevard. Both driveway widths appear to meet code requirements. These
access points adequately address the needs of typical vehicular circulation, as well as that of
emergency vehicles and sanitation equipment. However, during reviews involving older
developments, staff looks for opportunities to improve non-conformities or other site deficiencies. In
this instance, staff recognizes the opportunity to provide cross-access between properties in an effort
Jerry's Cigar Lounge - COUS 07-001
Page 3
Memorandum No. PZ 07-007
to reduce the number of vehicles accessing a roadway link to only turn into the next property.
Coincidently, the vacant parcel to the east is undergoing staff review for the development of a
doctor's office. Staff has placed a Condition of Approval on the doctor's project to provide access up
to the property line for the subject project (Paz Plaza) and recommends as a part of this conditional
use approval, that the owner of Paz Plaza agree to this interconnection of properties through a cross-
access easement agreement. Repeated attempts to reach the plaza owner have been unsuccessful,
therefore we do not have their perspective on this request.
2. Off-street parking and loading areas where required, with particular attention to the items in
subsection above, and the economi~ glare, noise, and odor effects the conditional use will have on
adjacent and nearby properties, and the city as a whole.
The proposed use will utilize currently vacant space in an already approved shopping center which
fulfills current parking requirements per its original approval. One (1) parking space is provided per
two hundred (200) square feet of gross leasable floor area.
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
Consistent with Comprehensive Plan poliCies and city regulations, existing refuse and service areas
are already provided and currently in use for this location.
4. Utilities, with reference to locations, availability, and compatibility.
Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water
and sanitary sewer are already available and currently in use for this location.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
The proposed use will have no effect on the existing landscaping, which has already been approved
and found satisfactory through the original shopping center's site plan approval process. With the
new permit application, the entire site (Paz Plaza) may be re-evaluated to assure conformance with
existing landscape regulations, as noted in Exhibit C - Conditions of Approval.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
The existing shopping center sign is located on at the southeast corner of the parcel adjacent to
Boynton Beach Avenue and will remain with the provided, required landscaping. All existing signage
will remain, and no new signage is proposed on site. The addition of Jerry's Cigar Lounge will not
alter the site's exterior lighting, which has already been approved and found satisfactory through the
original shopping center's site plan approval process. With the new permit application, the entire site
(Paz Plaza) may be re-evaluated to assure conformance with existing signage and lighting
regulations, as noted in Exhibit C - Conditions of Approval.
7. Required setbacks and other open spaces.
The proposed use will have no effect on the existing building footprint, which remains compliant with
setback requirements per the original shopping center's site plan approval.
8. General compatibility with adjacent property and other property in the zoning district.
Jprry's Cigar Lounge - COUS 07-001
P".ag e 4
Memorandum No. PZ 07-007
In general, the proposed tenant would be compatible with other existing businesses in the C-3
zoning district within the Boynton Beach Boulevard corridor. The general design of the building will
not be altered as a result of the introduction of this use into the shopping center.
The proposed use entails the sale of cigars, beer and wine in a lounge environment. There is no
request for amplified sound. Staff thus opines that a noise nuisance will be not created for
neighboring commercial nor residential uses.
9. Economic effects on adjacent and nearby properties, and the city as a whole.
Based on its distance to nearby residential properties, and existing site buffering and landscaping,
staff opines that there would be no negative effect on nearby properties.
10. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter
19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review).
With incorporation of staff comments, the proposed project would comply with all requirements of
applicable sections of city code.
11. Compliance with, and abatement of nuisances and hazards in accordance with the performance
standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to
the City of Boynton Beach Noise Control Ordinance.
With incorporation of all conditions and staff recommendations contained herein, the proposed
project should operate in a manner that is in compliance with the above-referenced codes and
ordinances of the City of Boynton Beach.
RECOMMENDATION
Based on the information contained herein, staff recommends that this request for conditional use be
approved subject to satisfying all comments indicated in Exhibit "CIf - Conditions of Approval. Any
additional conditions recommended by the Board or City Commission shall be documented accordingly in
the Conditions of Approval. It should be noted that the future addition of any amplified sound or
entertainment, would exceed the scope of this request approval. Any such changes or additions would
require approval through the conditional use process including commission approval. However, the
playing of music, televisions or other video entertainment at volumes that are equal to or lower than
normal conversation levels within the establishment, is construed to be accessory to the subject
approval.
S:\Planning\SHARED\WP\PROJECTS\Paz Plaza\,Jerry's Cigar Lounge COUS 07-001\STAFF REPORT COUS MSPM.doc
Exhibit "A" · Jerry's Cigar Lounge (of Paz Plaza)
Location Map
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Exhibit C - Conditions of Approval
Project name: Jerry' Cigar Lounge
File number: COUS 07-001
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General II
Comments: NONE I
X
PUBLIC WORKS - Traffic
Comments: NONE X
ENGINEERING DIVISION
Comments: NONE X
UTILITIES
Comments: NONE X
FIRE
Comments: NONE X
POLICE
Comments: NONE X
BUILDING DIVISION j
i
Comments: NONE X i
P ARKS AND RECREATION
Comments: NONE X
FORESTER/ENVIRONMENT ALIST
Comments:
1. The existing landscape trees, bushes, plants and sod for the entire site should X
be located in accordance with the original City approved landscape plans on
file in the Planning Department as MMSP 03-101, Paz Plaza. Any existing
landscape trees, bushes, plants and sod throughout the site that are dead,
missing or in poor health, must be replaced in conjunction with the use of the
parking lot for the conditional use. [Environmental Regulations, Chapter 7.5,
Article II Sec. 7.C.]
CODS 07-001 - Jerry's Cigar Lounge - Conditions of Approval
02/23/07
2
. II
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
2. Staff recommends that the owner of Paz Plaza execute a cross-access X
easement agreement in order to provide interconnectivity with the doctor's
office project immediately to the east.
3. The subject approval excludes amplified music or entertainment, which would X
require separate conditional use approval. This excludes accessory music,
television or other video entertainment played at volumes that are equal to or
lower than normal conversation levels within the establishment.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Paz Plaza\Jerry's Cigar Lounge CODS 07-001\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Jerry's Cigar Lounge
APPLlCANT/AGENT:
Mr. Jerry Pearson II
AGENT'S ADDRESS:
4772 NW 90th Way, Coral Springs, FL 33067
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
March 20,2007
TYPE OF RELIEF SOUGHT: Request conditional use approval for a 1,200 square foot "cigar lounge"
that proposes to serve beer and wine in conjunction with the sale of, and
on-site smoking of, cigars in a strip mall development located on the
north side of Boynton Beach Avenue in the C-3 (Community
Commercial) zoning district.
LOCATION OF PROPERTY: 3301 W. Boynton Beach Blvd. (see Exhibit "A" - Location Map)
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X TH IS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Paz Plaza\Jerry's Cigar Lounge COUS 07-001\DO.doc
Meeting Minutes
Planning and Development
Boynton Beach, Florida
February 27, 2007
. Citrus Park, Master Plan Modification
. Polio Campero, Site Plan Approval
. Banks in Quantum Park, Use Approval and Major Site Plan Modification
6. Old Business
None
7. New Business
Assistant City Attorney Jamila Alexander administered the oath to all who would be testifying.
A. Jerry's Cigar Lounge
Conditional Use
1.
Project:
Jerry's Cigar Lounge (COUS 07-001)
Paz Plaza
Jerry Pearson II
Jerry Pearson II
3301 West Boynton Beach Boulevard
Request for conditional use approval for a 1,200
square foot "cigar lounge" in a commercial center
located on the north side of Boynton Beach
Boulevard, approximately one-half mile west of
Congress Avenue in the C-3, Community
Commercial zoning district.
Agent:
Owners:
Location:
Description:
Chair Wische read the request into the record and asked the applicant if he was in agreement
with all three conditions of approval.
Jerry Pearson, 4772 NW 90th Way, Coral Springs, agreed to all staff comments.
Gabriel Weubben, Planner, recommended approval subject to all staff comments.
Chair Wische opened the issue for public hearing. No one coming forward, Chair Wische closed
the public hearing.
Ms. Jaskiewicz spoke about ingress and egress for the project and asked why the request was
delayed. Mr. Wuebben explained the owner was out of town for three weeks.
Ms. Jaskiewicz was not happy with the request. She felt the use was not conducive to the type
of development occurring in the C-2 District.
Vice Chair Hay explained the building to the east of the subject property was vacant and the
building to the west was Moore's Golf Shoes Etc.
2
Meeting Minutes
Planning and Development
Boynton Beach, Florida
February 27, 2007
Mr. Wuebben explained the request would be forwarded to the City Commission and the
surrounding property owners were notified.
There was no further discussion.
Motion
Vice Chair Hay moved to approve the request for conditional use approval for a 1,200 square
foot cigar lounge in a commercial center located on the north side of Boynton Beach Boulevard,
approximately one-half mile west of Congress Avenue in the C-3, Community Commercial
zoning district. Mr. Cwynar seconded the motion that unanimously passed.
B. Estates at Heritage Club
Master Plan Modification
1.
Project:
Agent:
Owners:
Location:
Estates at Heritage Club (MPMD 07-002)
Jason Mankoff, Weiner & Aronson, P.A.
New Century Boynton One Development, LLP
West of FEC Railroad on the north side of
Gulfstream Boulevard, (The Estate at Heritage Club
PUD, fka Boynton Dixie.
Request for master plan modification approval to
The Estates at Heritage Club PUD to reduce the
approved number of fee-Simple town house units
from 82 town houses to 25 town houses and add
56 single-family zero lot line dwelling units (a net
reduction of one unit.)
Description:
Chair Wische read the request into the record and asked the applicant if he was in agreement
with all 43 conditions of approval.
Jason Mankoff, Agent for the project, had concerns with four of the conditions. The applicant
agreed with the intent of Condition 41 but were not happy with the wording. He suggested the
condition read, "Revise site plan (sheet CE-2) by adding a note to address location of screen
enclosures allowed in rear yards of lots adjacent to Gulfstream Boulevard." Staff had no
objection to the rewording.
Condition 30 referenced Parks and Recreation Impact Fees and the remainder of the unpaid
portion would be due at time of permitting. Mr. Mankoff advised they already made payment in
the amount of $63,222, and they would like a reference to that effect incorporated into the
condition. Staff had no objections to the request.
The third concern was Condition 34 pertaining to indicating easements, including five (5) foot
utility easements in the front and rear of each unit on all landscape plans. He had no
objections to the utility easements in the front but explained the property was platted and there
would not be easements in the rear of the units. Staff agreed to use what was platted.
3
VIII.-PUBLIC HEARING
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 5, 2006 November 20, 2006 (Noon.) D February 13, 2007 February 5,2007 (Noon)
D January 2, 2007 December 18, 2006 (Noon) D March 6, 2007 February 20, 2007 (Noon)
D January 16, 2007 January 2, 2007 (Noon) ~ March 20, 2007 March 5, 2007 (Noon)
D February 6, 2007 January 16,2007 (Noon) D April 3, 2007 March 19,2007 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfmished Business
~ Public Hearing D
RECOMMENDATION: Please place this request on the March 20,2007 City Commission Agenda under
Public Hearing. The Planning and Development Board on February 27, 2007, recommended that the request be approved,
subject to modifications to comments #2, #30, #34 and #41, regarding proximity of trees to drive aisles, recognizing fees
paid, indicating utility easements per platted locations, and clarification of screen enclosure locations. For further details
pertaining to this request, see attached Department Memorandum No. 07-011.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
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West of FEC Railroad on the north side of Gulfstream Boulevard. (the Estate at Herlri?ge
Club PUD, fka Boynton Dixie). :Pw
Request for master plan modification approval to The Estates at Heritage Club PUD~
reduce the approved number of fee-simple town house units from 82 town houses to ~
town houses and add 56 single-family zero lot line dwelling units (a net reduction o@e
unit).
The Estates at Heritage Club (tka Boynton Dixie) (MPMD 07-002)
Jason Mankoff, Weiner' Aronson, P.A.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVE.
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City Manager's Signature
Assistant to City Manager
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S:\Planning\SHARED\WP\PROJECTS\Boynton Dixie\MPMD 07-002\Agenda Item Request Estates @Heritage Club MPMD 07-002 3-20-07.doc
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MEMORANDUM NO. PZ 07-011
STAFF REPORT
THRU:
Chair and Members
Planning and Development Board and City Commission
Michael W. Rump~
Director of Planning and Zoning
TO:
FROM:
Kathleen Zeitler ~Z-.
Planner
DATE:
February 20, 2007
PROJECT NAME/NO:
The Estates at Heritage Club (fka Boynton Dixie) MPMD 07-002
REQUEST:
Master Plan modification to The Estates at Heritage Club PUD to revise the
type of housing approved from 82 fee-simple townhouse units to 25 fee-
simple townhouse units and 56 single-family zero lot line units (a net
reduction of one unit).
PROJECT DESCRIPTION
Property Owner: New Century Boynton One Development, LLLP
Location: The Estate at Heritage Club PUD (fka Boynton Dixie) located west of the
FEC Railroad on the north side of Gulfstream Blvd. (see Exhibit "A" -
Location Map)
Existing Land Use/Zoning: Medium Density Residential (MDR)/ Planned Unit Development (PUD)
Proposed Land Use/Zoning: No changes proposed
Proposed Use: 56 Single-Family Zero Lot Line Units and 25 Multi-Family Townhouse Units
Acreage: 8.6 Acres (entire PUD Master Plan)
Adjacent Uses:
North:
Developed property within the City of Boynton Beach, the northeastern half of the
abutting property classified MeDR Medium Density Residential and zoned R-2
Duplex Residential; the northwestern half classified LDR Low Density Residential
and zoned R-1A Single Family Residential;
South:
The right-of-way of Gulfstream Boulevard, then property within the City of Delray
Beach classified (from the southeast to southwest) Commerce (Industrial),
Transitional Commercial, and LD (Low Density Residential [5 du/ac]);
East:
The rights-of-way of the FEe railroad and Old Dixie Highway, then property
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Staff Report
Memorandum No PZ 07-011
Page 2
classified Special High Density Residential-SHDR (20 du/ac) and zoned PUD
Planned Unit Development; and
West: Developed single-family residential neighborhood classified LDR Low Density
Residential and zoned R-1A Single-Family Residential.
BACKGROUND
Mr. Jason Mankoff with Weiner & Aronson, P.A., agent for the property owner, is requesting that the
Master Plan for The Estates at Heritage Club PUD (formerly known as Boynton-Dixie) be modified to revise
the type of housing proposed from 82 fee-simple townhouse units to 56 single-family zero lot line units
and 25 fee-simple townhouse units (a reduction of one unit).
According to the original site plan staff report, the proposed Boynton Dixie project is a Planned Unit
Development approved for 82 fee-simple townhouse dwelling units. The PUD is located on the west side
of the FEC Railway, on the north side of Gulfstream Boulevard (see Exhibit "A" - Location Map). To date,
the project has been approved for the following: an annexation (ANEX 05-003); a future land use map
amendment (LUAR 05-007) from Medium Density Residential (PBC MDR) with a density of 5 du/ac to
Medium Density Residential (MeDR)with a density of 9.68 du/ac; a rezoning (LUAR 05-007) from Single
Family Residential (PBC RS) to Planned Unit Development (PUD); a new site plan (NWSP 05-024); and a
site plan time extension (SPTE 06-008), which extended site plan approval to September 20, 2007.
Building records indicate that a master building permit was issued for the 3-unit townhouse buildings in
August, 2006, therefore this project is considered to be vested.
The Land Development Regulations require approval of a master plan concurrent with approval of a
rezoning to the Planned Unit Development (PUD) district. If the project is to be constructed in one (1)
phase, a site plan may take the place of the master plan, as was done in this case, and fulfill the
requirements of both a site plan and master plan. Chapter 2.5, Planned Unit Development, of the City
Land Development Regulations states that changes in Planned Unit Developments shall be processed
through the Planning and Development Board and the City Commission.
The applicant explains that market conditions for multi-family housing have recently changed, and the
property owner therefore requests to revise the approved master plan / site plan from 82 fee-simple
townhouse units to 25 fee-simple townhouse units and 56 single-family zero lot line units, for a total of 81
units (one unit less than originally approved). A revised plat for the project has been submitted to the
Engineering Division for their review and approval.
ANALYSIS
The purpose and intent of a Planned Unit Development (PUD) district is to promote efficient and
economical land use, improved amenities, appropriate and harmonious variety in physical development,
creative design, improved living environment, orderly and economical development in the city, and the
protection of adjacent development. This request for Master Plan modification to revise the type of
housing proposed from 82 fee-simple townhouse units to 56 single-family zero lot line units and 25 fee-
simple townhouse units will comply with the PUD requirements including unified control, consistency of
development characteristics, compatibility with adjacent development, and provision for the private
maintenance of common areas. This request was reviewed for consistency with the PUD development
standards in the Land Development Regulations, Chapter 2.5, Planned Unit Developments. Also, staff
reviewed the subject request and found it to be consistent with adjacent single-family residential lots as
well as other PUD's throughout the City.
Staff Report
Memorandum No PZ 07-011
Page 3
The proposed overall layout of the project is very similar to the previously approved master / site plan.
Exhibit "8" depicts the previously approved plan for 82 fee-simple townhouse units and amenity area. The
82 units were proposed within sixteen (16) separate buildings with each townhouse building varying in
size between three (3) and twelve (12) units. Each unit proposed was within a two (2) story townhouse
building. A recreation area with a cabana and a swimming pool would be located at the south-eastern
portion of the development near the sole entrance, while a children's playground is planned at a more
central location within the project area.
Exhibit "c" depicts the proposed plan for 56 zero-lot line units and 25 townhouse units and amenity area.
The single-family detached zero-lot line units are proposed adjacent to existing single-family residential
subdivisions to the north and west. Each two-story single-family unit would have either a premium lot (50
feet by 72 feet), or a typical lot (50 feet by 62 feet). Premium lots would be large enough to
accommodate a swimming pool, and typical lots would be large enough to accommodate a spa. Three (3)
different models of the single-family units offer a variety in unit size and design. The 25 fee-Simple
townhouse units would consist of five (5) buildings with five (5) units each, and are proposed on a typical
lot of 25 feet by 65 feet. The multi-family units would be located along the eastern portion of the property
adjacent to the FEC Railway to the east. The recreation area with pool and cabana, and the children's
playground are as previously proposed and in the same locations.
The proposed street system, utilities locations, and overall layout of the project is very similar to the
previously approved master / site plan. The 25 foot rear setback for units along the north and west
property lines of the subject property remain as previously approved, and mirror the required rear setback
of adjacent single-family developments. In addition, the perimeter landscape buffer widths, screening,
and materials are as previously approved. A total of two (2) parking spaces per unit plus parking for the
amenity area is proposed. Each of the 56 zero-lot line units would have a two (2)-car garage. Parking for
each of the 25 townhouse units would consist of a one (i)-car garage plus a parking space in the
driveway, rather than a two (2)-car garage as previously approved. Lastly, the colors, materials, and
design features of the facades for the zero-lot line units are compatible with the townhouse colors,
materials, and design features, and are appropriate for the single-family nature of the area.
RECOMMENDATION
It is staff's opinion that this request for master plan modification is non-substantial and consists of
relatively minor revisions to the previously approved plan, and is more consistent with the surrounding
single-family development to the north and west. Per master plan amendment procedures, staff has
determined that the requested master plan modification is consistent with all current regulations as well as
the intent and purpose of the comprehensive plan. Therefore, staff recommends approval of this Master
Plan amendment, subject to the conditions listed in Exhibit "D" - Conditions of Approval. Additional
comments recommended by the Board or Commission would also be included in the Conditions of
Approval.
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Exhibit "A" - The Estates at Heritage Club PUD
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EXHIBIT "D" - CONDITIONS OF APPROVAL
Master Plan Modification
Project name: Estates of Heritage Club
File number: MPMD 07-002
Reference: 2nd review plans identified as a Master Plan Modification with a January 30, 2007 Planning and
Zoning Department date stamp marking
DEPARTMENTS
PUBLIC WORKS - Solid Waste
INCLUDE
Comments:
1. Prior to permit application contact the Public Works Department (561-742- X
6200) regarding the storage and handling of refuse per the CODE, Section
10-26 (a).
PUBLIC WORKS - Forestry
Comments:
2. Revise plans to relocate canopy trees far enough back from drive aisles to
minimize the potential for vertical conflicts with high-profile vehicles.
PUBLIC WORKS-Traffic
Comments: None
ENGINEERING
X
Comments:
3. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
4. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory Review
Team (TART) process does not ensure that additional comments may not be
generated by the Commission and at permit review.
5. Upon satisfactory Commission approval of the site plan, the applicant shall X
enter the process to re-plat this property through the City's Engineering
Division. All Conditions of Approval (COA) generated by the City
Commission applicable to this new site shall be reflected on the new record
plat.
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.
7. Paving, drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
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REJECT
X
Estates at Heritage Club
MPMD 07-002
Conditions of Approval
Page 2
.
DEPARTMENTS INCLUDE REJECT
accordance with the applicable City of Boynton Beach Standard Drawings and
and the "Engineering Design Handbook and Construction Standards" and
will be reviewed at the time of construction permit application.
UTILITIES
Comments:
8. Please provide a time line that clearly illustrates when water and sewer X
services will be required to serve the proposed project. Your starting date for
the timeline should be the date of City Commission approval. Also provide
milestone dates for permit application, the start of construction, and the
setting of the first water meter. This time line will be used to determine the
adequacy of water and wastewater treatment capacity for your project upon
the project's completion, so please be as accurate as possible.
9. All utility easements and utility lines shall be shown on the site plan and X
landscape plans (as well as the Water and Sewer Plans) so that we may
determine which appurtenances, trees or shrubbery may interfere with
utilities. In general, palm trees will be the only tree species allowed within
utility easements. Canopy trees may be planted outside of the easement so
that roots and branches will not impact those utilities within the easement in
the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives
public utilities the authority to remove any trees that may interfere with utility
services, either in utility easements or public rights-of-way.
10. Palm Beach County Health Department permit revisions will be required for X
the water and sewer systems serving this project (CODE, Section 26-12).
11. Water and sewer lines to be owned and operated by the City shall be included X
within utility easements in accordance with the LDR, Chapter 6, Article IV,
Section 6. Please show all proposed easements on the engineering drawings,
using a minimum width of 12 feet. The easements shall be dedicated via
separate instrument to the City as stated in CODE Sec. 26-33(e).
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 permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
13. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
14. Utility construction details will not be reviewed for construction acceptability X
at this time. All utility construction details shall be in accordance with the
Estates at Heritage Club
MPMD 07-002
Conditions of Approval
Page 3
I II
DEP ARTMENTS INCLUDE REJECT
Utilities Department's "U tilities Engineering Design Handbook and
Construction Standards" manual (including any updates) and will be
reviewed at the time of construction permit application. I
I
FIRE
Comments:
15. All buildings, except freestanding private homes, that are over 30 feet high X
must have a fire sprinkler system per NFP A 13 R.
16. Entrance gates and all roadways must be a minimum of 20 feet wide for two- X
way traffic and 12 feet wide for one-way traffic.
17. Entrance gates must have a KNOX key override installed for Fire and X
Emergency Forces entry.
18. Fire hydrants shall be spaced a maximum of 400 feet of road travel apart with X
no part of any building further than 250 feet from a hydrant.
19. A flow test shall be conducted within six months of submittal of this project X
that shows 1500 gpm at 20 psi available above normal domestic use for Fire
Department operations.
POLICE
Comments: None X
BUILDING DIVISION
Comments:
20. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical Advisory
Review Team) process does not ensure that additional comments may not be
generated by the commission and at permit review.
21. 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 permit application.
22. At time of permit review, submit signed and sealed working drawings of the X
i
proposed construction. ,
Estates at Heritage Club
MPMD 07-002
Conditions of Approval
Page 4
DEPARTMENTS INCLUDE REJECT
23. Add to the submittal a partial elevation view drawing of the proposed X
perimeter fence. Identify the type of fence material and the type of material
that supports the fence, including the typical distance between supports. Also,
provide a typical section view drawing of the fence that includes the depth
that the fence supports are below finish grade and the height that the fence is
above finish grade. The location and height of the fence shall comply with the
fence regulations specified in the Zoning Code.
24. 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 application, F.S. 373.216.
25. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
. If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
. The number of dwelling units in each building.
. The number of bedrooms in each dwelling unit.
. The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
26. 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.
27. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
. A legal description of the land.
. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
. If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
. The number of dwelling units in each building.
. The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(f))
Estates at Heritage Club
MPMD 07-002
Conditions of Approval
Page 5
I II
DEPARTMENTS INCLUDE REJECT
28. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must incorporate
all the conditions of approval as listed in the development order and approved
by the City Commission.
29. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. The addressing plan
shall be approved by the United States Post Office, the City of Boynton i
I
Beach Fire Department, the City's GIS Division, and the Palm Beach County
Emergency 911.
. Palm Beach County Planning, Zoning & Building Division, 100 Australian
Avenue, West Palm Beach, Florida (Sean McDonald - 561-233-5013)
. United States Post Office, Boynton Beach (Michelle Bullard - 561-734-
0872) i
PARKS AND RECREATION ,
Comments:
30. Park Impact Fees total $105, 533 (25 Single Family Attached x $1 ,045/unit = X
$26,125.00 and 56 Single Family Detached x $1 ,418/unit = $79,408.00).
The remainder of unpaid portion will be due at time of permitting.
FORESTER/ENVIRONMENT ALIST
I
Comments:
31. Revise plans to depict an elevation cross-section detail (similar to sheet AO 1 0) X
of the actual heights of the proposed landscape trees and vegetation at the
time of planting to (proper scale) to visually buffer the proposed buildings
and parking areas from the Gulfstream Estates single family residences,
and from the Gulfstream Boulevard and Old Dixie Highway road rights-of-
way.
PLANNING AND ZONING
Comments: I
32. Label on site plan (sheet CE-2) the ZOnIng of adjacent development. X I
According to Chapter 2.5, Section 9.B., PUD setbacks shall most closely I
resemble required setbacks of abutting yards when in other zoning districts. I
33. Revise typical single-family lot layout / setbacks on site plan and landscape X I
plan to match.
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Estates at Heritage Club
MPMD 07-002
Conditions of Approval
Page 6
DEPARTMENTS INCLUDE REJECT
34. Revise plans to indicate easements, including five (5) foot utility easement in X
front and rear of each unit, on all landscape plans (LP-1 thru LP-8).
35. The removal/relocation of landscape material are subject to review and X
approval of the City Forester / Environmentalist.
36. The trees proposed around the townhouse buildings must be installed at Y2 the X
building height ofthe building (Chapter 7.5, Article II, Section 5.M.).
37. Revise detail (sheet LC-1) of the fence proposed around the pool I clubhouse X
area and along Gulfstream Blvd., to include material and color (Chapter 4,
Section 7.D). Also provide the same detail for the emergency access gate off
of Gulfstream Blvd.
38. Revise detail of the decorative posts (sheet LC-2) proposed on each side of X
the entry drive (west of mail kiosk), to include materials and colors.
39. Revise detail of the typical outdoor freestanding lighting fixture (sheet LP-5) X
to also include the exterior finish, materials used (i.e. concrete or aluminum)
and color(s).
40. Revise site plan (sheet CE-2) to indicate locations of proposed entrance signs. X
Revise sign detail (sheet LC-2) to include the colors of all exterior finishes
(Chapter 4, Section 7.D.).
41. Revise site plan (sheet CE-2) by adding a note to address location of screen X
enclosures allowed in rear yards of lots adjacent to Gulfstream Blvd to read
"screen enclosures will be limited to the underside of roofed porches. No
exterior screen enclosures will be allowed".
42. Revise site plan (sheet CE-2) note 6. and note on typical for premium X
homesite re: height of screen enclosures to one-story.
43. Revise site plan (sheet CE-2) graphic for premium homesite typical lot layout X
from 6 feet to 8 feet on the non-zero side setback for screen enclosure, to
match tabular data.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
44. Condition #2 to read: Revise plans to relocate canopy trees far enough back X
from drive aisles to minimize the potential for vertical conflicts with high-
profile vehicles, if an exception based on tree selection (i.e. use as of Pigeon
Plum) cannot be granted.
45. Condition #30 to read: Park Impact Fees total $105, 533 (25 Single Family
Attached x $1,045/unit = $26,125.00 and 56 Single Family Detached X
x $1,418/unit = $79,408.00). Records indicate $63,322 has been paid to
date. The remainder of unpaid portion ($42,311) will be due at time of
permitting.
Estates at Heritage Club
MPMD 07-002
Conditions of Approval
Page 7
I II
DEP ARTMENTS INCLUDE REJECT
46. Condition #34 to read: Revise plaH5 all landscape plan pages (LP-l thru LP- X
ID to indicate all platted easements required, including such as five (5) foot
utility easement in front and rear of each unit. on all landsoape plans (LP I
thru LP 8).
47. Condition #41 to read: Revise site plan (sheet CE-2) by adding a note to X
address location of screen enclosures allowed in rear yards of lots adjacent to
Gulfstream Blvd to read "soreen enoloSl:lres will be limited to the underside
of roofed porohes. No exterior screen enolosmes will be allO'tved" "should
not extend beyond the roof line". i
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S :IPlanni nglSHARE D\ W PIPROJ ECTSIBoynton DixielM PM D 07 -002ICOA.doc
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
The Estates at Heritage Club PUD
APPLICANT'S AGENT:
Weiner & Aronson, P.A.
APPLICANT:
New Century Companies, LLC
909 SE 5th Avenue, Suite 200, Delray Beach, FL 33483
APPLICANT'S ADDRESS:
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 20,2007
TYPE OF RELIEF SOUGHT: Request a Master Plan modification to revise the type of housing
approved from 82 fee-simple townhouse units to 25 fee-simple
townhouse units and 56 single-family zero lot line units (a net
reduction of one unit) on an 8.6-acre parcel in the PUD Planned Unit
Development zoning district.
LOCATION OF PROPERTY: Northwest corner of the intersection of Gulfstream Boulevard and Old
Dixie Highway (FEC railroad right-of-way)
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 Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
SIPlanninglSHAREDlWPIPROJECTSlBoynton DixielMPMD 07-002IDO.doc
Meeting Minutes
Planning and Development
Boynton Beach, Florida
February 27, 2007
Mr. Wuebben explained the request would be forwarded to the City Commission and the
surrounding property owners were notified.
There was no further discussion.
Motion
Vice Chair Hay moved to approve the request for conditional use approval for a 1,200 square
foot cigar lounge in a commercial center located on the north side of Boynton Beach Boulevard,
approximately one-half mile west of Congress Avenue in the C-3, Community Commercial
zoning district. Mr. Cwynar seconded the motion that unanimously passed.
B. Estates at Heritage Club
Master Plan Modification
1.
Project:
Agent:
Owners:
Location:
Estates at Heritage Club (MPMD 07-002)
Jason Mankoff, Weiner & Aronson, P .A.
New Century Boynton One Development, LLP
West of FEC Railroad on the north side of
Gulfstream Boulevard, (The Estate at Heritage Club
PUD, fka Boynton Dixie.
Request for master plan modification approval to
The Estates at Heritage Club PUD to reduce the
approved number of fee-simple town house units
from 82 town houses to 25 town houses and add
56 single-family zero lot line dwelling units (a net
reduction of one unit.)
Description:
Chair Wische read the request into the record and asked the applicant if he was in agreement
with all 43 conditions of approval.
Jason Mankoff, Agent for the project, had concerns with four of the conditions. The applicant
agreed with the intent of Condition 41 but were not happy with the wording. He suggested the
condition read, "Revise site plan (sheet CE-2) by adding a note to address location of screen
enclosures allowed in rear yards of lots adjacent to Gulfstream Boulevard." Staff had no
objection to the rewording.
Condition 30 referenced Parks and Recreation Impact Fees and the remainder of the unpaid
portion would be due at time of permitting. Mr. Mankoff advised they already made payment in
the amount of $63,222, and they would like a reference to that effect incorporated into the
condition. Staff had no objections to the request.
The third concern was Condition 34 pertaining to indicating easements, including five (5) foot
utility easements in the front and rear of each unit on all landscape plans. He had no
objections to the utility easements in the front but explained the property was platted and there
would not be easements in the rear of the units. Staff agreed to use what was platted.
3
Meeting Minutes
Planning and Development
Boynton Beach, Florida
February 27, 2007
Hugh Johnson, Landscape Architect for the project, addressed Condition 2. When this item
was in the early planning stage, staff wanted the sidewalk set back four feet from the curb.
They agreed and would plant street trees in the four-foot swale area between the curb and
sidewalk. The trees were Pigeon Plums. At the Technical Review Committee, this was brought
up and staff had an issue with it. The applicant requested the application go forward and
agreed to work with City staff for a suitable tree specimen.
Mr. Rumpf had no objection to allowing for subsequent coordination on the issue. If not it has
to be relocated.
Chair Wische opened the issue for public hearing.
Attorney Alexander administered the oath to John Werner, 420 SE 34th Avenue.
Mr. Werner was concerned about the lots backing up to the existing homes. He questioned
the plans for the rear easement and landscaping issues.
Ms. Zeitler explained the condition pertained to a five-foot utility easement within the 25-foot
area in the rear yard. The utility easements will now be located in the front of the lot and had
nothing to do with the perimeter landscaping. Site plans and building elevations were in the
Planning and Zoning for Mr. Werner to review.
Staff reviewed the original plans had 82 town house units in 16 buildings with a 25-foot rear
setback which mirrored the setback for the adjacent single-family lots. The new plan had the
same layout for lots, utilities and streets, but included zero-lot line single-family detached
homes for 56 of the lots on the west and north. The lots on the railroad tracks had 25 town
house units in five buildings with five units each. All the buildings would be two stories. The
plan was consistent with how the request was previously approved and the application was just
a change in the type of housing proposed to be more consistent with the adjacent properties on
the north and west, which is single-family, detached housing.
Mr. Werner explained the existing homes were ranch homes. He was concerned about the
building heights and privacy. Ms. Zeitler explained there would be about 50 feet between the
two developments. A combination wall and fence on the east property line, and fence buffer on
the north and west property line would help ensure privacy and would be maintained by the
Homeowners Association.
There being no further comments, Chair Wische closed the public hearing.
Vice Chair Hay requested additional information on the water lines.
James Drotos, Project Engineer, explained there would be a water main connection on
Gulfstream Boulevard. The applicant was upgrading to a 6" water main that ran from Sea crest
Boulevard along 34th Avenue to east of Dixie to the railroad tracks. They would add an
additional eight-inch main connection to the north.
4
Meeting Minutes
Planning and Development
Boynton Beach, Florida
February 27, 2007
Motion
Mr. Cwynar moved to approve the request for master plan modification approval for The Estates
at Heritage Club PUD to reduce the approved number of fee-simple town house units from 82
town houses to 25 town houses and add 56 single-family zero-lot line dwelling units (a net
reduction of one unit) with the comments as discussed in reference to Item 2, Exhibit D, and
between the meeting and the City Commission, the item be would be worked out with the trees
and the four feet between the street and sidewalk. Condition 30, that approximately $63,222
has already been paid in fees, checked and noted and only the difference was due, Item 34
would be as platted and the rewording as per the builder would be utilized in Condition 41 plus
any and all other staff comments. Vice Chair Hay seconded the motion that unanimously
passed.
8. Other
None.
9. Comments by members
None.
10. Adjournment.
Motion
Mr. Cwynar moved to adjourn. Mr. Casaine seconded the motion that unanimously passed.
Meeting adjourned at 7:05 p.m.
Catherine Cherry Guberman
Recording Secretary
030107
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VIII.-PUBLIC HEARING
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
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
D December 5, 2006 November 20,2006 (Noon.) D February 13, 2007 February 5,2007 (Noon)
D January 2, 2007 December 18,2006 (Noon) D March 6, 2007 February 20, 2007 (Noon)
D January 16, 2007 January 2, 2007 (Noon) C8J March 20, 2007 March 5, 2007 (Noon)
D February 6, 2007 January 16,2007 (Noon) D April 3,2007 March 19, 2007 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda C8J Legal
D Code Compliance & Legal Settlements D Unfinished Business
C8J Public Hearing D
RECOMMENDATION: Please place this request on the March 20,2007 City Commission Agenda under Public
Hearing and Legal, Ordinance-First Reading. The Planning and Development Board and the Community Redevelopment
Agency Board on February 27,2007, through separate motions recommended that alternative #2 be approved. The Planning
and Development Board also recommends that the income levels used for program eligibility be based on Boynton Beach
data rather than on the county-based, HUD-derived figures, and that the project feasibility be confirmed given the small
amount of remaining vacant residential land. Staff does not consider the latter concern to be a problem, since most of the
projected housing units in the city \vill be built in redevelopment projects, rather than just on vacant land remaining
throughout the city. Staff also recommends that this request be approved. For additional information, please see attached the
draft ordinance.
EXPLANATION: Request to amend the Land Development Regulations to include a Workforce Housing Program for the
City. The program would create a supply of affordable workforce housing units within the City and implemem>
recommendations of the Boynton Beach Housing Needs Assessment Study. The program includes eligibility recliiem9~
incentives using development density, provisions to ensure continued program implementation, and flexibility for ~pl~E5
with emphasis on the contribution of on-site housing units. As part of the follow-up work to the workshop held';;; Janu:ai')!
30th, staff is currently researching the topics of prefabricated housing, and non-confonning lots and the co~po1iltij~
regulations to assess the feasibility of other policy tools to increase supply of workforce housing. Any findings an~ddi~Ql!!1
recommendations will be presented at the Commission hearing. !::: v? =:;
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PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
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City Manager's Signature
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Planning and mung Director City Attorney / Finance
S:\Planning\SHAREDlWPISPECPROJICODE REYIEWlCDRV 07-002 Workforce Housing and CORY 07-003\Agenda Item Request Workforce
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S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Workforce Housing Program Option 2
Draft
The City of Boynton Beach recognizes that in order to sustain and grow its economy, the
City must have an inventory of various housing types and pricing for workers.
Additionally, the City and CRA have designated a CRAWLS and TCEA which mandate
the creation of workforce housing.
In July 2006, the FlU Metropolitan Center conducted a Housing Needs Assessment for
the City. The Assessment states that the City will need 10,800 workforce units by 2025
priced for families earning below 120% of AMI. The goal of the proposed Program is to
create and retain a supply of workforce housing units within the City. The recent trend of
rental to condominium conversions has also added to the shortage of affordable rental
units.
There are a number of arguments for local government involvement in encouraging the
production of affordable housing. First, the federal government's financial commitment
to the creation of affordable housing is increasingly being reduced, putting the burden on
state and local governments which have limited resources.
A lack of decent workforce housing can be a barrier to a sustainable economy. Housing
costs have a major influence on a businesses decision to locate to a certain area.
Furthermore, young people can be discouraged from returning home after college
because of high housing costs thus reducing the number of highly qualified workers in
the area.
A lack of workforce housing also contributes to traffic congestion as workers settle
further outside of expensive areas. Lower capacity roads also limit a city's ability to
grow.
The creation of the Workforce Housing Program is being implemented in accordance
with the adopted Community Redevelopment Plans and the City of Boynton Beach's
Comprehensive Plan. The Workforce Housing Program would permit amending land use
to the higher density land use designations of Special High Density Residential, Mixed-
Use and Mixed-Use Core if Workforce Housing Units are created or off-site options are
performed.
In cases of hardship where all the required Workforce Housing Units cannot be created
entirely on site, the developer must comply with the offsite options for the creation of the
remaining Workforce Housing Units as described in the Ordinance. All Workforce
Housing Units are to be compatible in exterior design and appearance, construction and
contain comparable HV AC systems as the proposed market units. All Workforce
Housing Units are to remain as income qualified units for a period of no less than 30
years and will be enforced through recorded deed restrictions and liens.
Pursuant to LDR Section 9. C. 1, approval of an LDR amendment must be based upon a
finding that the amendment is consistent with and furthers the Goals, Objectives, and
Policies of the Comprehensive Plan. This amendment furthers the following
Comprehensive Plan Objective 6.3.
S:\CA\Ordinances\Workforce I-lousing Program Option 2.doc
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RECOMMENDED ACTION
By motion, approve the amendment to the Land Development Regulations to create a
new Article X of Chapter 20 Workforce Housing Program, which could permit a land use
change to the higher density categories of Special High Density Residential, Mixed-Use
or Mixed-Use Core provided that Workforce Housing Units are incorporated into the
development or offsite, by adopting the findings of fact and law contained in the staff
report and finding that the request is consistent with the Comprehensive Plan and meets
criteria set forth in Section of the Land Development Regulation, with second
reading to occur on , 2007.
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22 WHEREAS, The City Commission of the City of Boynton Beach, Florida, adopts
23 t e findings in the Staff Report; and
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, TO CREATE A NEW ARTICLE X OF
CHAPTER 20, WORKFORCE HOUSING PROGRAM,
PROVIDING FOR REGULATIONS AND INCENTIVES TO
BUILD WORKFORCE HOUSING TO ENSURE THAT THE
CITY HAS SUFFICIENT WORKFORCE HOUSING;
PROVIDING FOR THE ABILITY TO AMEND A LAND USE
DESIGNATION TO SPECIAL HIGH DENSITY
RESIDENTIAL,MIXED-USED OR MIXED-USE CORE
PROVIDING THAT WORKFORCE HOUSING UNITS ARE
CREATED PURSUANT TO THE TERMS OF THIS
ORDINANCE; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, Workforce housing is needed by the citizens of Boynton Beach; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida, finds the
rdinance is consistent with the Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
29 HE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS:
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Section 1.
The recitations set forth above are incorporated herein.
Section 2.
That Article X of Chapter 20, "Workforce Housing Program" of the
33 Land Development Regulations of the Code of Ordinances of the City of Boynton Beach,
34 Florida, be, and the same is hereby enacted to read as follows:
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FINDINGS
a. The City Commission having conducted a Housing Needs
Assessment (Attachment A) has determined that there is a housing
shortage within the City of Boynton Beach that is affordable to the
everyday working families and citizens of the City; and
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b. Florida Statutes 166.04151 provides that a municipality may adopt
and maintain any ordinance that is adopted for the purpose of
increasing the supply of workforce housing using land use
mechanisms not withstanding any other provision of law; and
c. The City Commission recognizes that there is a growing gap between
housing costs and wages in the City; and
d. The City of Boynton Beach has a legitimate public interest in
preserving the character and quality of neighborhoods which requires
assuring the availability of workforce housing for low and moderate
income persons in the City; and
e. The City recognizes that the need to provide workforce housing is
critical to maintaining a diversified and sustainable City having the
character and sense of community where people can live and work in
the same area; and
f. The City is encouraging the production and availability of workforce
housing and at the same time is cognizant that escalating land costs
and rapidly diminishing amounts of land hinder the provision of
sufficient workforce dwelling units by the private sector.
DEFINITIONS
a. Median Household Income (MHI) - The Palm Beach County Median
Household Income, adjusted for family size, as published by the
Department of Housing and Urban Development (HUD).
b. Affordability Controls - Restrictions placed on Workforce Housing
Units by which the price of such units and/or the income of the
purchaser or lessee will be restricted in order to ensure that the units
remain affordable to low and moderate income households.
c. Affordability Term - The time a workforce housing unit is required to
remain affordable to income qualified buyers or renters.
d. Boynton Beach Housing Trust - A trust created as a depository for in-
lieu of payments, donated land, or housing units for the purpose of
providing Workforce Housing Units.
e. City - The City of Boynton Beach, Florida.
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f.
Deed Restriction ~ Each Workforce Housing Unit created under the
Program shall be deed restricted for thirty (30) years. The Deed
Restriction shall serve to restrict the sales or rental price and/or the
income of the purchaser or renter.
g.
Development - A development at one location which includes at least
ten (10) residential units for which site plan approval has been granted
h.
Eligible Occupant - A person who qualifies for participation in the
program whose income does not exceed 120% of Median Household
Income for Palm Beach County as set by HUD Priority will be given
to persons who have lived or worked within the City limits of
Boynton Beach continually for one year immediately prior to the date
of application for a Workforce Housing Unit.
1.
First Time Home Buyer - A person who has not held ownership in a
residence within the past three years.
J.
Income Qualified Household - A household whose income is verified
to be either Low Income or Moderate income.
k.
Low Income Household - A household with a gross, combined
income below 80% of the Palm Beach County Annual Median
Household Income as defined by HUD"
1.
Moderate Income Household - A household with a gross, combined
income between 80% and 120% of the Palm Beach County Median
Household Income (as defined by the Florida Housing Finance
Corporation).
m.
Restrictive Covenant and Agreement - The covenants that govern the
initial sale and rental and subsequent resale and releasing of
Workforce Housing Units created under the Workforce Housing
Program. The term of the Restrictive Covenant and Agreement is
thirty (30) years.
n.
Workforce Housing Unit - A dwelling to be sold or leased to an
individual or family that is Income Qualified in which the rent or
mortgage payments (including principal, interest, taxes, insurance and
homeowner association fees) does not exceed 35% of the gross
income of households that are classified as low or moderate income
households.
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Sec. 3.
APPLICABILITY
Except as otherwise provided in this ordinance, these regulations shall apply to development
applications consistent with the following conditions:
a. A new development, a major modification of an approved
development, a request for a Site Plan Time Extension or substantial
rehabilitation of an existing building with a residential component for
which any Mixed Use land use designation and a corresponding
Mixed Use zoning category is applied.
b. A new development,amaj~r modification. of an approved
development, a request for a SitePlan.Time Extension or substantial
rehabilitation of an existing building with a residential component for
which any Mixed Use Core land use designation and a corresponding
Mixed Use zoning category is applied.
c. A new develoPl11ent,a.l11~j~r mo<ii~cation of an approved
development, a request foraSit~:Plan Time Extension or substantial
rehabilitation of an existing building with a residential component
applying for a land use designation of Special High Density
Residential.
Developments that have be previously approved for a change in
land use to either Mixed , Mixed-Use Core or Special High
Density Residential and whose site plan has expired.
Sec. 4.
PROVISION OF WORKFORCE HOUSING UNITS
Developers may be entitled the requested higher density land use and zoning category if
providing Workforce Housing Units as stated below, subject to the limits and requirements
of this chapter.
a. To be eligible for the requested higher density land use, the following
percentage of Workforce Housing Units must be incorporated into the
Development:
1. Special High Density Residential - Twenty percent (20%) of
the total number of proposed residential units in the
Development shall be designated as Workforce Housing Units.
11. Mixed-Use - Fifteen percent (15%) of the total number of
proposed residential units in the Development shall be
designated as Workforce Housing Units.
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111. Mixed Use Core - Ten percent (10%) of the total number of
proposed residential units in the Development shall be
designated as Workforce Housing Units.
c.
Twenty-five percent (25%) of the total required Workforce Housing
Units shall be set aside for Low Income households. Seventy-five
percent (75%) of the total required Workforce Housing Units shall be
set aside for Moderate Income households.
d.
If the required number of Workforce Housing Units results in a
fractional remainder greater than .50, the number shall be rounded up.
If the required number of Workforce Housing Units results in a
fractional number less than .50, the number shall be rounded down.
e.
Workforce Housing Units shall have the same percentage of unit
types as market rate units within the development particularly with
regards to the number of bedrooms.
f.
All units shall meet the requirements for unit size and construction as
specified in this chapter and meet all required Land Development
Regulations and applicable building codes.
a
O'
At the time of application for Land Use classification amendment and
rezoning category change the project must be reviewed and signed off
by the Community Improvement Division of the City as part of the
site plan approval process for compliance with affordability
guidelines and number of units qualifying as Workforce.
h.
The site plan shall clearly identify the location of Workforce Housing
Units. Additionally, tabular data must be included on the site plan
showing the address or unit number, total number of units, number of
bedrooms of Workforce Housing Units and the targeted income
levels. This shall be included with the market rate data.
1.
Workforce Housing Units shall include those units in a Development,
which are regulated in terms of:
1. Initial sales price or rent levels; and
11. Subsequent resale prices or leasing rates.
J.
If compliance with a land development standard would preclude
construction of a residential or mixed-use development in which
Workforce Housing Units are included, pursuant to this Chapter, the
applicant may submit a proposal for waiver or reduction of the
development standard. The applicant shall show that the waiver or
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reduction of the development standard is necessary to make the
Workforce Housing Units economically feasible and that such a
waiver will not compromise any of the City's life or safety standards.
k. Prior to the issuance of any building permit, the Restrictive Covenant
and Agreement shall be recorded in the public records of Palm Beach
County. The term of the Restrictive Covenant shall be thirty (30)
years. A copy of the recorded Covenant and Agreement shall be
provided to the City prior to the issuance of the building permit.
Sec. 5.
OFF-SITE OPTIONS
Developers are required to include Workforce Housing Units in any Development in which
Special High Density Residential, Mixed-Use or Mixed-Use Core land use is requested.
However, in the case of developments in which 80% of the residential unit sales prices will
exceed $500,000, paying a fee in lieu of creating the Workforce Housing Units on site
donating land, purchasing and donating market rate units or building off site for the required
number of Workforce Housing Units may be permitted at the recommendation of the
Community Improvement Department.
In any case where Off-Site Options are permitted, twenty-five percent (25%) of the total
required Workforce Housing Units shall be built on-site of the subject Development.
Off-site Options are not applicable to rental Developments. All required Workforce
Housing Units must be constructed within the subject Development.
1. Payment in-lieu Contribute the per unit price listed in Table 1
below to the Boynton Beach Housing Trust to be utilized to
subsidize the creation of Workforce Housing within the City
In-lieu of fees shall be paid in full prior to the issuance of a
building permit.
TABLE 1
PAYMENT IN LIEU FOR CREATING
REQUIREDWORKFORCE HOUSING UNITS
(per unit required)
$80,000
$100,000
$120,000
One Bedroom
Two Bedroom
Three+ Bedroom
11.
Donate land (buildable residential parcels) within the City limits
to be used for Workforce Housing. The value of the land shall
equal or exceed the total "in lieu of' fee for all required
workforce units or shall be of sufficient size to develop the
same number of required units. The value of the donated land
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must be verified by a MAl appraisal no more than three months
old. The appraisal shall be obtained by developer at developer's
cost to verify the value of donated land. The land shall be
deeded to the City prior to the issuance of a final Certificate of
Occupancy for the Development.
111. Off-site Construction - The required Workforce Housing Units
may be built off-site. All off-site Workforce Housing Units
shall comply with all sections of this Ordinance. Building
permits shall be issued for a minimum of 50-percent of the
required Workforce Housing Units to be constructed off-site
prior to the issuance of the first Certificate of Occupancy in the
subject development. All off-site Workforce Housing Units
must receive a Certificate of Occupancy prior to the issuance of
more than 75-percent of the Certificate of Occupancies in the
subject development.
IV. Purchase Market Rate Units -Purchase an equivalent number of
existing market rate units to be deeded to the City or sold to
eligible households. Such units shall be deed restricted to
comply with the Workforce Housing Ordinance. The developer
may retain the title to off site units subject to recordation of a
City approved deed restriction. A minimum of 50-percent of the
units must be purchased and deeded to the City or deed
restricted prior to the issuance of the first Certificate of
Occupancy in the subject Development. All Workforce housing
Units shall be purchased and deeded to the City or deed
restricted prior to issuance of more than 75-percent of the
Certificate of Occupancies in the subject Development.
Sec. 6.
RENT AL HOUSING UNITS
a. A Restrictive Covenant shall be recorded in the public records
specifying the income level served, rent levels, reporting requirement
and all restrictions applicable to the Workforce Housing Units. All
leases on Workforce Housing Units shall contain language
incorporating the Restrictive Covenant applicable to the Workforce
Housing Units and shall reference the recorded Restrictive Covenant.
The Restrictive Covenant shall remain in force for thirty (30) years.
b. Units targeted to low income households at 50% to the 80% of the
Palm Beach County median income, adjusted for family size shall not
have rental rates that exceed 100% of the HUD determined fair
market rent for the area.
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c. Units targeted to moderate income households at 80% to the 120% of
the Palm Beach County median income, adjusted for family size, shall
not exceed 100% of the HUD determined fair market rent for the area.
d. Tenant income qualification records shall be maintained on site and a
yearly report shall be forwarded to the Community Improvement
Division of the City of Boynton Beach for compliance determination.
FOR SALE HOUSING UNITS
a. All deeds shall include the Restrictive Covenant applicable to
Workforce Housing Units. All sales contracts shall state that the unit
is part of a Workforce Housing Program and subject to Article X,
Chapter 20 of the Land Development Regulations of the City. The
Restrictive Covenant shall remain in force for thirty (30) years. The
form of deed for Workforce Housing Units shall be approved by the
City attorney.
b. The Restrictive Covenants shall state that during the affordability
term, the resale of a Workforce Housing Unit shall be subject to the
following resale requirements.
1. All Workforce Housing Unit owners shall notify the City of
Boynton Beach immediately that the unit is for sale. The City
shall have first right of refusal to purchase the unit. Upon
receipt of notice that a valid offer has been made on the unit, the
City shall have fifteen (15) days to invoke its right of refusal to
purchase the unit(s).
11 All Workforce Housing Units are to be resold only to Low or
Moderate income qualified households at an attainable housing
cost for each targeted income range.
c. Purchasers of Workforce Housing Units shall be required to
occupy the unit.
d. Closing costs and title insurance shall be paid pursuant to the custom
and practice in Palm Beach County at the time of opening of escrow.
No charges or fees shall be imposed by the seller on the purchaser of
a Workforce Housing Unit which is in addition to or more than
charges imposed upon purchasers of market rate units, except for
administrative fees charged by the City/CRA, or their designee.
e. Sales prices for Workforce Housing Units will be calculated on the
basis of:
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1. An available fixed-rate thirty-year mortgage, consistent with a
"blended rate" for Palm Beach County banks, and/or the Florida
Housing Finance Authority. A lower rate may be used in
calculating workforce housing prices if the developer can
guarantee the availability of fixed-rate thirty-year mortgage at
this lower rate for all Workforce Housing Units required for the
covered project; and
]1. A down payment of no more than 10% (including any down
payment assistance provided by SHIP or other sources) of the
purchase price; and
111. A calculation of property taxes; and
IV. A calculation of homeowner insurance, mortgage insurance,
homeowner association fees, property management fees and
other closing costs.
f. Compliance - Prior to request for final Certificate of Occupancy for
the development, the developer shall provide to the City's
Community Improvement Department, or designee, documentation
sufficient to demonstrate compliance with the Workforce Housing
Program. Such documentation shall include but is not limited to
information regarding the identity and income qualification
documentation for all occupants of the Workforce Housing Units,
proof of recordation of Restrictive Covenant in approved fonn.
Sec. 8.
RESALE REQUIREMENTS
To maintain the availability of Workforce Housing Units which may be constructed or
substantially rehabilitated pursuant to the requirements of this program, the following resale
conditions shall be imposed on the Workforce Housing Units and included in the deed and
restrictive covenant recorded in the Public Records of Palm Beach County:
a. All Workforce Housing Units constructed or substantially
rehabilitated under this program shall be situated within the
Development so as not to be in less desirable locations than market-
rate units in the Development and shall, on average, be no less
accessible to public amenities, such as open space, as the market-rate
units.
b. Workforce Housing Units within a Development shall be integrated
with the rest of the Development and shall be compatible in exterior
design and appearance, construction, and contain comparable HV AC
systems as market rate units.
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c. The developer shall provide Workforce Housing Units that include
unit types in the same proportion as the market rate housing units.
1. If the Development contains a mix of different types of units,
(e.g. condominium, townhouse, detached, etc.), the proportion
of Workforce Housing Units of each type to total Workforce
Housing Units must be approximately the same as the
proportion of market rate units of each type to total market
rate units.
11. If the Development includes both for sale and for rent units,
the proportion of for rent Workforce Housing Units to for sale
Workforce Housing Units must not exceed the proportion of
for rent market rate units to for sale market rate units.
111. The number of bedrooms per unit must be proportionate
between Workforce and market rate units.
d. The construction schedule for Workforce Housing Units shall be
consistent with or precede the construction of market rate units.
e. There shall be no lot premiums charged on the Workforce Housing
Units.
f. All required Workforce Housing Units shall be offered for sale or rent
at an attainable housing cost for each of the targeted income ranges.
f. The City of Boynton Beach, its successors and assigns may enforce
the covenants. No amendments to the Restrictive Covenant shall be
made unless by written instrument approved by the City.
Sec. 9.
MONITORING AND COMPLIANCE
a. Final Approval Conditions: Final conditions of approval shall specify
that the Workforce Housing Units are sold to buyers whose income
does not exceed 120% of median household income for Palm Beach
County as set by HUD. The conditions will also specify the
requirements for reporting to the City's Community Improvement
Division on buyer eligibility, housing prices, as well as any applicable
requirement to record the Restrictive Covenant or to enforce resale
restrictions.
b. At the time of request for final Certificate of Occupancy for the
Development, if the Workforce Housing Units have not been sold to
income qualified persons, the developer shall deposit in the form of a
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Section 3.
surety bond, the amount equal to 110% of the applicable "in lieu" of
fee to the City's Housing Trust Fund. Upon verification that the
required number of Workforce Housing Units have been sold to
income qualified persons, the surety will be released.
c.
The City may enforce the requirements of the Workforce Housing
Ordinance through any cause of action available at law or equity,
including but not limited to seeking specific performance, injunctive
relief, rescission of any unauthorized sale or lease, during the term of
the Restrictive Covenant.
d.
The Community Improvement Department shall submit an annual
report to the City Commissioners indicating the status of the
Workforce Housing Ordinance, including but not limited to the
number of units created, leased and sold.
Each and every other provision of the Code of Ordinances not herein
18 specifically amended, shall remain in full force and effect as originally adopted.
19
Section 4.
All laws and ordinances applying to the City of Boynton Beach III
20 conflict with any provisions of this ordinance are hereby repealed.
21
Section 5.
Should any section or provision of this Ordinance or any portion
22 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
23 affect the remainder of this Ordinance.
24
Section 6.
25
Section 7.
Authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immediately.
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FIRST READING this _ day of
,2007.
SECOND, FINAL READING AND PASSAGE this _ day of
,2007.
ATTEST:
Janet Prainito, City Clerk
(Corporate Seal)
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CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
12
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3 Workforce Housing Program Option 1
4 Draft
5 February 22, 2007
6
7 The City of Boynton Beach recognizes that in order to sustain and grow its
8 economy, the City must have an inventory of various housing types and pricing
9 for workers. Additionally, the City and CRA have designated a CRAWLS and
10 TCEA which mandate the creation of workforce housing.
11
12 In July 2006, the FlU Metropolitan Center conducted a Housing Needs
13 Assessment for the City. The Assessment states that the City will need 10,800
14 workforce units by 2025 priced for families earning below 120% of AMI. The goal
15 of the proposed Program is to create and retain a supply of workforce housing
16 units within the City. The recent trend of rental to condominium conversions has
17 also added to the shortage of affordable rental units.
18
19 There are a number of arguments for local government involvement in
20 encouraging the production of affordable housing. First, the federal
21 government's financial commitment to the creation of affordable housing is
22 increasingly being reduced, putting the burden on state and local governments
23 which have limited resources.
24
25 A lack of decent workforce housing can be a barrier to a sustainable economy.
26 Housing costs have a major influence on a businesses decision to locate to a
27 certain area. Furthermore, young people can be discouraged from returning
28 home after college because of high housing costs thus reducing the number of
29 highly qualified workers in the area.
30
31 A lack of workforce housing also contributes to traffic congestion as workers
32 settle further outside of expensive areas. Lower capacity roads also limit a city's
33 ability to grow.
34
35 The creation of the Workforce Housing Program is being implemented in
36 accordance with the adopted Community Redevelopment Plans and the City of
37 Boynton Beach's Comprehensive Plan. The Workforce Housing Program would
38 permit amending land use to the higher density land use designations of Special
39 High Density Residential, Mixed-Use and Mixed-Use Core if Workforce Housing
40 Units are created or off-site options are performed.
41
42 In cases of hardship where all the required Workforce Housing Units cannot be
43 created entirely on site, the developer must comply with the offsite options for the
44 creation of the remaining Workforce Housing Units as described in the
45 Ordinance. All Workforce Housing Units are to be compatible in exterior design
46 and appearance, construction and contain comparable HV AC systems as the
47 proposed market units. All Workforce Housing Units are to remain as income
48 qualified units for a period of no less than 30 years and will be enforced through
49 recorded deed restrictions and liens.
50
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51 Pursuant to LDR Section 9. C. 1, approval of an LDR amendment must be based
52 upon a finding that the amendment is consistent with and furthers the Goals,
53 Objectives, and Policies of the Comprehensive Plan. This amendment furthers
54 the following Comprehensive Plan Objective 6.3.
55
56 RECOMMENDED ACTION
57
58 By motion, approve the amendment to the Land Development Regulations to
59 create a new Article _ Workforce Housing Program, which could permit a land
60 use change to the higher density categories of Special High Density Residential,
61 Mixed-Use or Mixed-Use Core provided that Workforce Housing Units are
62 incorporated into the development or offsite , by adopting the findings of fact and
63 law contained in the staff report and finding that the request is consistent with the
64 Comprehensive Plan and meets criteria set forth in Section of the
65 Land Development Regulation, with second reading to occur on
66 l 200.
67
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87 WHEREAS, Workforce housing is needed by the citizens of Boynton
88 Beach; and
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93
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, TO CREATE A NEW ARTICLE ,
WORKFORCE HOUSING PROGRAM, PROVIDING FOR
REGULATIONS AND INCENTIVES TO BUILD
WORKFORCE HOUSING TO ENSURE THAT THE CITY
HAS SUFFICIENT WORKFORCE HOUSING; PROVIDING
FOR THE ABILITY TO AMEND A LAND USE
DESIGNATION TO SPECIAL HIGH DENSITY
RESIDENTIAL,MIXED-USED OR MIXED-USE CORE
PROVIDING THAT WORKFORCE HOUSING UNITS ARE
CREATED PURSUANT TO THE TERMS OF THIS
ORDINANCE; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, The City Commission of the City of Boynton Beach, Florida,
adopts the findings in the Staff Report; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida,
94 finds the ordinance is consistent with the Comprehensive Plan.
95
96 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
97 OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS;
98
99 Section 1. The recitations set forth above are incorporated herein.
100
101 Section 2. That Article , "Workforce Housing Program" of the
102 Land Development Regulations of the Code of Ordinances of the City of
103 Boynton Beach, Florida, be, and the same is hereby enacted to read as
104 follows:
105
106 FINDINGS
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108 a. The City Commission having conducted a Housing Needs
109 Assessment (Attachment _) has determined that there is a housing
110 shortage within the City of Boynton Beach that is affordable to the
111 everyday working families and citizens of the City; and
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b. Florida Statutes 166.04151 provides that a municipality
may adopt and maintain any ordinance that is adopted for the purpose
of increasing the supply of workforce housing using land use
mechanisms not withstanding any other provision of law; and
c. The City Commission recognizes that there is a growing
gap between housing costs and wages in the City; and
d. The City of Boynton Beach has a legitimate public interest
in preserving the character and quality of neighborhoods which
requires assuring the availability of workforce housing for low and
moderate income persons in the City; and
e. The City recognizes that the need to provide workforce
housing is critical to maintaining a diversified and sustainable City
having the character and sense of community where people can live
and work in the same area; and
f. The City is encouraging the production and availability of
workforce housing and at the same time is cognizant that escalating
land costs and rapidly diminishing amounts of land hinder the provision
of sufficient workforce dwelling units by the private sector.
DEFINITIONS
a. Median Household Income (MHI) - The Palm Beach
County Median Household Income, adjusted for family size,
as published by the Department of Housing and Urban
Development (HUD).
b. Affordability Controls - Restrictions placed on Workforce
Housing Units by which the price of such units and/or the
income of the purchaser or lessee will be restricted in order
to ensure that the units remain affordable to low and
moderate income households.
c. Affordability Term - The time a workforce housing unit is
required to remain affordable to income qualified buyers or
renters.
d. Boynton Beach Housing Trust - A trust created as a
depository for in-lieu of payments, donated land, or housing
units for the purpose of providing Workforce Housing Units.
e. City - The City of Boynton Beach, Florida.
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f.
Deed Restriction - Each Workforce Housing Unit created
under the Program shall be deed restricted for thirty (30)
years. The Deed Restriction shall serve to restrict the sales
or rental price and/or the income of the purchaser or renter.
g.
Development - A development at one location which
includes at least ten (10) residential units for which site
plan approval has been granted
h.
Eligible Occupant - A person who qualifies for participation
in the program whose income does not exceed 120% of
Median Household Income for Palm Beach County as set
by HUD Priority will be given to persons who have lived or
worked within the City limits of Boynton Beach continually
for one year immediately prior to the date of application for
a Workforce Housing Unit.
I.
First Time Home Buyer - A person who has not held
ownership in a residence within the past three years.
J.
Income Qualified Household - A household whose income
is verified to be either Low Income or Moderate income.
k.
Low Income Household - A household with a gross,
combined income below 80% of the Palm Beach County
Annual Median Household Income as defined by HUD..
I.
Moderate Income Household - A household with a gross,
combined income between 80% and 120% of the Palm
Beach County Median Household Income (as defined by
the Florida Housing Finance Corporation).
m.
Restrictive Covenant and Agreement - The covenants that
govern the initial sale and rental and subsequent resale
and releasing of Workforce Housing Units created under
the Workforce Housing Program. The term of the
Restrictive Covenant and Agreement is thirty (30) years.
n.
Workforce Housing Unit - A dwelling to be sold or leased to
an individual or family that is Income Qualified in which the
rent or mortgage payments (including principal, interest,
taxes, insurance and homeowner association fees) does
not exceed 35% of the gross income of households that are
classified as low or moderate income households.
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APPLICABILITY
Except as otherwise provided in this ordinance, these regulations shall apply to
development applications consistent with the following conditions:
a. A new development, a major modification of an approved
development or substantial rehabilitation of an existing
building with a residential component for which any Mixed
Use land use designation and a corresponding Mixed Use
zoning category is applied.
b. A new development, a major modification of an approved
development or substantial rehabilitation of an existing
building with a residential component for which any Mixed
Use Core land use designation and a corresponding Mixed
Use zoning category is applied.
c. A new development, a major modification of an approved
development or substantial rehabilitation of an existing
building with a residential component applying for a land
use designation of Special High Density Residential.
PROVISION OF WORKFORCE HOUSING UNITS
Developers may be entitled the requested higher density land use and zoning
category if providing Workforce Housing Units as stated below, subject to the
limits and requirements of this chapter.
a. To be eligible for the requested higher density land use, the
following percentage of Workforce Housing Units must be
incorporated into the Development:
i. Special High Density Residential - Twenty
percent (20%) of the total number of
proposed residential units in the Development
shall be designated as Workforce
Housing Units.
ii. Mixed-Use - Fifteen percent (15%) of the
total number of proposed residential units in
the Development shall be designated as
Workforce Housing Units.
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iii. Mixed Use Core - Ten percent (10%) of the
total number of proposed residential units in
the Development shall be designated as
Workforce Housing Units.
c.
Twenty-five percent (25%) of the total required Workforce
Housing Units shall be set aside for Low Income
households. Seventy-five percent (75%) of the total
required Workforce Housing Units shall be set aside for
Moderate Income households.
d.
If the required number of Workforce Housing Units results
in a fractional remainder greater than .50, the number shall
be rounded up. If the required number of Workforce
Housing Units results in a fractional number less than .50,
the number shall be rounded down.
e.
Workforce Housing Units shall have the same percentage
of unit types as market rate units within the development
particularly with regards to the number of bedrooms.
f.
All units shall meet the requirements for unit size and
construction as specified in this chapter and meet all
required Land Development Regulations and applicable
building codes.
g.
At the time of application for Land Use classification
amendment and rezoning category change the project
must be reviewed and signed off by the Community
Improvement Division of the City as part of the site plan
approval process for compliance with affordability
guidelines and number of units qualifying as Workforce.
h.
The site plan shall clearly identify the location of Workforce
Housing Units. Additionally, tabular data must be included
on the site plan showing the address or unit number, total
number of units, number of bedrooms of Workforce
Housing Units and the targeted income levels. This shall
be included with the market rate data.
i.
Workforce Housing Units shall include those units in a
Development, which are regulated in terms of:
I. Initial sales price or rent levels; and
II. Subsequent resale prices or leasing rates.
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J. If compliance with a land development standard would
preclude construction of a residential or mixed-use
development in which Workforce Housing Units are
included, pursuant to this Chapter, the applicant may
submit a proposal for waiver or reduction of the
development standard. The applicant shall show that the
waiver or reduction of the development standard is
necessary to make the Workforce Housing Units
economically feasible and that such a waiver will not
compromise any of the City's life or safety standards.
k. Prior to the issuance of any building permit, the Restrictive
Covenant and Agreement shall be recorded in the public
records of Palm Beach County. The term of the Restrictive
Covenant shall be thirty (30) years. A copy of the recorded
Covenant and Agreement shall be provided to the City prior
to the issuance of the building permit.
OFF-SITE OPTIONS
Developers are required to include Workforce Housing Units in any
Development in which Special High Density Residential, Mixed-Use or
Mixed-Use Core land use is requested. However, in the case of
developments in which 80% of the residential unit sales prices will
exceed $500,000, paying a fee in lieu of creating the Workforce
Housing Units on site donating land, purchasing and donating market
rate units or building off site for the required number of Workforce
Housing Units may be permitted at the recommendation of the
Community Improvement Department.
i. Payment in-lieu Contribute the per unit price listed in Table
1 below to the Boynton Beach Housing Trust to be utilized
to subsidize the creation of Workforce Housing within the
City In-lieu of fees shall be paid in full prior to the issuance
of a building permit.
TABLE 1
PAYMENT IN LIEU FOR CREATING
REQUIREDWORKFORCE HOUSING UNITS
(per unit required)
One Bedroom $80,000
Two Bedroom $100,000
Three+ Bedroom $120,000
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II. Donate land (buildable residential parcels) within the City limits to
be used for Workforce Housing. The value of the land shall equal
or exceed the total "in lieu of' fee for all required workforce units or
shall be of sufficient size to develop the same number of required
units. The value of the donated land must be verified by a MAl
appraisal no more than three months old. The appraisal shall be
obtained by developer at developer's cost to verify the value of
donated land. The land shall be deeded to the City prior to the
issuance of a final Certificate of Occupancy for the Development.
III. Off-site Construction - The required Workforce Housing Units may
be built off-site. All off-site Workforce Housing Units shall comply
with all sections of this Ordinance. Building permits shall be issued
for a minimum of 50-percent of the required Workforce Housing
Units to be constructed off-site prior to the issuance of the first
Certificate of Occupancy in the subject development. All off-site
Workforce Housing Units must receive a Certificate of Occupancy
prior to the issuance of more than 75-percent of the Certificate of
Occupancies in the subject development.
IV. Purchase Market Rate Units -Purchase an equivalent number of
existing market rate units to be deeded to the City or sold to eligible
households. Such units shall be deed restricted to comply with the
Workforce Housing Ordinance. The developer may retain the title
to off site units subject to recordation of a City approved deed
restriction. A minimum of 50-percent of the units must be purchased
and deeded to the City or deed restricted prior to the issuance of
the first Certificate of Occupancy in the subject Development. All
Workforce housing Units shall be purchased and deeded to the City
or deed restricted prior to issuance of more than 75-percent of the
Certificate of Occupancies in the subject Development.
RENTAL HOUSING UNITS
a. A Restrictive Covenant shall be recorded in the public
records specifying the income level served, rent levels,
reporting requirement and all restrictions applicable to the
Workforce Housing Units. All leases on Workforce Housing
Units shall contain language incorporating the Restrictive
Covenant applicable to the Workforce Housing Units and
shall reference the recorded Restrictive Covenant. The
Restrictive Covenant shall remain in force for thirty (30)
years.
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c. Units targeted to low income households at 50% to the
80% of the Palm Beach County median income, adjusted
for family size shall not have rental rates that exceed 100%
of the HUD determined fair market rent for the area.
d. Units targeted to moderate income households at 80% to
the 120% of the Palm Beach County median income,
adjusted for family size, shall not exceed 100% of the HUD
determined fair market rent for the area.
e. Tenant income qualification records shall be maintained on
site and a yearly report shall be forwarded to the
Community Improvement Division of the City of Boynton
Beach for compliance determination.
FOR SALE HOUSING UNITS
a. All deeds shall include the Restrictive Covenant applicable
to Workforce Housing Units. All sales contracts shall state
that the unit is part of a Workforce Housing Program and
subject to Section of the Land Development
Regulations of the City. The Restrictive Covenant shall
remain in force for thirty (30) years. The form of deed for
Workforce Housing Units shall be approved by the City
attorney.
b. The Restrictive Covenants shall state that during the
affordability term, the resale of a Workforce Housing Unit
shall be subject to the following resale requirements.
i. All Workforce Housing Unit owners shall notify the
City of Boynton Beach immediately that the unit is
for sale. The City shall have first right of refusal to
purchase the unit. Upon receipt of notice that a valid
offer has been made on the unit, the City shall have
fifteen (15) days to invoke its right of refusal to
purchase the unit(s).
ii All Workforce Housing Units are to be resold
only to Low or Moderate income qualified households
at an attainable housing cost for each targeted
income range.
c. Purchasers of Workforce Housing Units shall be required to
occupy the unit.
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d. Closing costs and title insurance shall be paid pursuant to
the custom and practice in Palm Beach County at the time
of opening of escrow. No charges or fees shall be imposed
by the seller on the purchaser of a Workforce Housing Unit
which is in addition to or more than charges imposed upon
purchasers of market rate units, except for administrative
fees charged by the City/CRA, or their designee.
e. Sales prices for Workforce Housing Units will be calculated
on the basis of:
I. An available fixed-rate thirty-year mortgage, consistent
with a "blended rate" for Palm Beach County banks,
and/or the Florida Housing Finance Authority. A lower
rate may be used in calculating workforce housing
prices if the developer can guarantee the availability of
fixed-rate thirty-year mortgage at this lower rate for all
Workforce Housing Units required for the covered
project; and
II. A down payment of no more than 10% (including any
down payment assistance provided by SHIP or other
sources) of the purchase price; and
III. A calculation of property taxes; and
iv. A calculation of homeowner insurance, mortgage
insurance, homeowner association fees, property
management fees and other closing costs.
f. Compliance - Prior to request for final Certificate of
Occupancy for the development, the developer shall
provide to the City's Community Improvement Department,
or designee, documentation sufficient to demonstrate
compliance with the Workforce Housing Program. Such
documentation shall include but is not limited to information
regarding the identity and income qualification
documentation for all occupants of the Workforce Housing
Units, proof of recordation of Restrictive Covenant in
approved form.
RESALE REQUIREMENTS
To maintain the availability of Workforce Housing Units which may be
constructed or substantially rehabilitated pursuant to the requirements of this
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program, the following resale conditions shall be imposed on the Workforce
Housing Units and included in the deed and restrictive covenant recorded in the
Public Records of Palm Beach County:
a. All Workforce Housing Units constructed or substantially
rehabilitated under this program shall be situated within the
Development so as not to be in less desirable locations
than market-rate units in the Development and shall, on
average, be no less accessible to public amenities, such as
open space, as the market-rate units.
b. Workforce Housing Units within a Development shall be
integrated with the rest of the Development and shall be
compatible in exterior design and appearance,
construction, and contain comparable HVAC systems as
market rate units.
c. The developer shall provide Workforce Housing Units that
include unit types in the same proportion as the market rate
housing units.
i. If the Development contains a mix of different types
of units, (e.g. condominium, townhouse, detached,
etc.), the proportion of Workforce Housing Units of
each type to total Workforce Housing Units must be
approximately the same as the proportion of market
rate units of each type to total market rate units.
ii. If the Development includes both for sale and for
rent units, the proportion of for rent Workforce
Housing Units to for sale Workforce Housing Units
must not exceed the proportion of for rent market
rate units to for sale market rate units.
iii. The number of bedrooms per unit must be
proportionate between Workforce and market rate
units.
d. The construction schedule for Workforce Housing Units
shall be consistent with or precede the construction of
market rate units.
e. There shall be no lot premiums charged on the Workforce
Housing Units.
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f. All required Workforce Housing Units shall be offered for
sale or rent at an attainable housing cost for each of the
targeted income ranges.
f. The City of Boynton Beach, its successors and assigns
may enforce the covenants. No amendments to the
Restrictive Covenant shall be made unless by written
instrument approved by the City.
MONITORING AND COMPLIANCE
a. Final Approval Conditions: Final conditions of approval
shall specify that the Workforce Housing Units are sold to
buyers whose income does not exceed 120% of median
household income for Palm Beach County as set by HUD.
The conditions will also specify the requirements for
reporting to the City's Community Improvement Division on
buyer eligibility, housing prices, as well as any applicable
requirement to record the Restrictive Covenant or to
enforce resale restrictions.
b. At the time of request for final Certificate of Occupancy for
the Development, if the Workforce Housing Units have not
been sold to income qualified persons, the developer shall
deposit in the form of a surety bond, the amount equal to
110% of the applicable "in lieu" of fee to the City's Housing
Trust Fund. Upon verification that the required number of
Workforce Housing Units have been sold to income
qualified persons, the surety will be released.
c. The City may enforce the requirements of the Workforce
Housing Ordinance through any cause of action available
at law or equity, including but not limited to seeking specific
performance, injunctive relief, rescission of any
unauthorized sale or lease, during the term of the
Restrictive Covenant.
d. The Community Improvement Department shall submit an
annual report to the City Commissioners indicating the
status of the Workforce Housing Ordinance, including but
not limited to the number of units created, leased and sold.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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 Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
0 December 5_ 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18, 2006 (Noon) 0 March 5. 2007 February 12,2007 (Noon)
0 January 16,2007 January 2. 2007 (Noon) [8J March 20. 2007 March 5, 2007 (Noon)
0 February 13, 2007 January 22, 2007 0 April 3. 2007 March 19,2007 (Noon)
0 Announcements/Presentations [8J City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA TION:
reduction strategy.
Presentation to the Commission of the 2006 crime statistics and crime
EXPLANATION: The Commission requested a presentation on the current crime situation and the
department's strategy for reducing crime. Information will be presented by the Chief of Police. See
attached "Report on Crime" for an explanation of the 2006 statistics.
PROGRAM IMPACT: Not applicable
FISCAL IMPACT: (Include Account Number where funds will come from) None.
~~
, CIty Manager's Signature
Assistant to City Manager
~
Department Name
City Attorney / Finance
S:IBULLET1NIFORMS\AGENDA ITEM REQUEST FORM.DOC
POLICE DEPARTMENT
CITY OF BOYNTON BEACH
REPORT ON CRIME
ANAL YSIS OF CRIMINAL ACTIVITY
During calendar year 2006 the city experienced 4.810 reported index crimes. (Index
crimes are defined by the Uniform Crime Reporting system as Felonious Homicide,
Sexual Offenses, Robbery, Assault, Burglary. Larceny, Motor Vehicle Theft and Arson).
Compared with the 4,624 Index Crimes reported in 2005, this represents a single year
increase of 186 crimes or 4%. Violent crimes (Homicide, Sexual Offense, Robbery and
Assault) for 2006 numbered 1.398 and in 2005 numbered 1.216 for a single year increase
of 182 crimes or 15%. Property crimes (Burglary. Larceny and Motor Vehicle Theft)
numbered 3,4 12 in 2006 and 3,408 in 2005 for an increase of 4 crimes.
Criminal Homicide increased by 8 offenses. Four of these offenses were related to gang
activity, three were acquaintance type homicides (where the perpetrator was known by
the victim) and one was the result of a drug deal gone bad. The gang related homicides
occurred at the Mall. 1701 NE 1 st Street (drive by where a bystander was shot) and a
double homicide on Hypoluxo Rd. There were also 7 aggravated batteries where a gang
connection could be made. In all. of the 1.398 violent crimes in 2006, eleven were gang
related.
In 2006, nineteen people were either killed or injured by firearms in Boynton Beach.
An analysis by zone (zones are the 10 reporting areas drawn as a grid which are used for
geographic crime analysis) indicates that the increase in robberies occurred in zones 1
(-1-8), 2(+14),3(+12) and 7(-1-10). Zones 1. 2 and 3 comprise the area between 1-95 and
the lCW and from Boynton Beach Blvd. to the northern boundary. Zone 7 is east ofI-95
between Woolbright Rd. and the C-16 canal. The increase in aggravated assaults (those
where a weapon was used) occurred in zone 3(+40) and zone 4(+25) (the area east ofI-95
between Woolbright Rd. and the C-16 canal).
The zones tbat accounted for the largest increase in crime were also the primary areas of
deployment for discretionary patrol resources and for the Community Action Team
(CA T). Weekly analysis of crime and neighborbood concerns resulted in our
concentrating discretionary manpower resources in zones 1. 2, 3,4 and 7 (During the
holiday shopping season, most of our discretionary resources were deployed to zones 7
and 8 which encompasses the Congress Avenue shopping centers and the mall.)
Community Action Team personnel supplemented by available patrol force resources
engaged in high visibility patrol and neighborhood contacts in order to assist residents
with their various concerns and to address emerging crime patterns that we identified
throughout the year. This preventive policing activity was very successful in connecting
the police department with the community and once again establishing the department as
a partner with the neighborhood to improve the safety and quality of life for our citizens.
The Police Executive Research Forum (PERF) 2006 Management Audit Report cited our
commitment to community policing and commented that despite a demanding workload
"officers are encouraged to do more that just handle a call when there is a problem to be
solved... (there is) utilization of CAT, K9 and Code Compliance to address problems
when needed." Our deployment was also successful from an enforcement standpoint in
that our officers increased their arrests for part one crimes by a total of 134. Officers
operating in these zones also made a total of 43 7 drug arrests which represents an
increase of 14 arrests compared to 2005. Also resulting from our deployment in these
zones was an increase in reporting of crimes against persons. It is not unusual that
increased police activity in an area results in an increase in the amount of crime that is
reported. Because officers are readily available coupled with the improved relationship
with residents, crimes that would normally go unreported (usually about 66% of all
crimes are unreported) were in fact being reported personally to the officers. Add in the
additional 183 part one arrests along with 437 drug arrests, many of which were reported
as assaults and aggravated batteries because of suspects attempting to avoid being
arrested, and the year-end increase in crime is better understood.
It is also helpful in understanding year-end stats to look at the base year; in this case,
2005. That year represented the most dramatic crime decrease in Boynton Beach at least
since 1999. The 2005 year-end statistics showed that index crime had decreased by a
total of 1,503 offenses or a decrease of 24% compared with 2004. This phenomenal
decrease can best be explained as an interaction of several influences. Some
criminologists look at 2005 as the end of a period of decreased criminal activity brought
about by the demographic shift of "baby boomers" from crime producing age groups (17-
49) to non-crime producing age groups. (Unfortunately, the next generation moves into
those age groups resulting in more crime producing people for the next several decades).
Additionally, in 2005 the department shifted from a philosophy that minimized positive
officer/citizen interaction to a philosophy of preventive, community policing. The
concept of utilizing discretionary patrol time to increase positive citizen contacts through
a COMPST AT (meaning "computer statistics") process was introduced along with the
Community Action Team. The city also lost a portion of its population when the Boynton
Terrace Apartments were closed and demolished. Two hurricanes resulted in an
extended alpha/bravo deployment that placed one half of the police department on the
street at any particular time. In total, there were approximately 60 days where police
presence was maximized or drastically increased and crime was reduced to a few
incidents a day. All of these factors, acting in concert, resulted in the dramatic decrease in
crime. As a result, the 2005 base year set an unrealistic standard for comparative
statistical purposes.
In actuality, with the exception of 2005, the 2006 year end crime report reveals that total
part one crime in Boynton Beach is at its lowest point since at least 1999. Also, with the
exception of2005, violent crime is at its lowest point since 2001.
DEP ARTMENT AL DEPLOYMENT
In order to better understand the department's deployment of sworn personnel, an
explanation of manpower distribution follows: Attached is the department's Divisional
Allocation of Sworn Personnel report showing the distribution of manpower. The
department is divided into two divisions; Uniform Services and Support Services and an
administrative staff consisting of the professional Standards and Training units. The
administrative functions are: conducting mandated and enhanced training programs.
recruiting, accreditation compliance (we are up for reaccredidation in July of 2007),
internal investigations, staff inspections and public information. All other administrative
functions are performed civilian personnel. Commenting on the department's
organization the PERF Report stated "the organization of the police department is
essentially sound... there is no excessive rank in either levels or numbers. Patrol staffing
is sufficient and should be so through 2010."
The 20 additional personnel that were allotted to the department in budget years 04-05
and 05-06 were all assigned to the patrol division. This additional manpower also
facilitated the formation of the Community Action Team, Marine Enforcement Unit. one
additional K-9 team and one additional Crime Prevention officer. Discretionary patrol
units (referred to throughout this report) are defined as those units not assigned to handle
calls and includes: CAI', K-9. Marine Enforcement and Traffic Enforcement units.
Since the department does not have a large "tactical" or "supplemental patrol" unit, the
before mentioned units are deployed in target areas (high crime/neighborhood complaints
and concerns).
DEPARTMENT'S COMMUNITY POLICING PHILOSOPHY
Essentially, our philosophy encompasses some key principles in addition to our city" s
core values:
. Grouping of Incidents - This involves moving beyond just "handling" an incident.
Officers look for patterns and relationships among incidents in order to identify
"covert" problems.
. Focus on Substantive Problems -Internal management of the police department is
not the focus of our sergeants and lieutenants. Instead their efforts are directed to
the substantive problems identified by the community such as criminal conduct
and areas marked by frequent loitering for some illegal purpose. Instead of
focusing on impractical goals such as productivity guidelines, they are
empowered to identify and "own" an issue important to the neighborbood.
. Inquiry and Analysis of Problems - Officers, sergeants and lieutenants consider
the reason a particular problem exists and formulate a response that will be long-
range effective. Follow-up and analysis is performed by tbe patrol commander to
determine if a solution is working or whether another approach may be more
appropriate.
. Community Input - This is the heart of community policing philosophy and
considers that priorities for a particular neighborhood are best established by the
residents. Officers are encouraged and instructed to speak with residents at every
opportunity and attempt to identify those problems that most seriously affect the
safety of a neighborhood.
· Follow-up with Neighborhood Residents - Determine if the beneficiaries of a
particular solution are truly benefiting by our efforts.
AGENCY RESPONSE TO CRIME
In brief, the department responds to crimes and neighborhood issues through directed
patrol strategies that insure deployment of available patrol manpower to those areas
where emerging crime patterns and neighborhood problems are identified. The
Community Action Team is also deployed to these areas in order to establish liaison with
residents, provide increased bicycle and foot patrol presence and to assist in the
formulation of a long-range solutions to neighborhood problems. Increased crime
patterns also trigger an examination and analysis of field reports for more intensive
follow-up by our investigators. The goal is to identify those responsible for the criminal
activity and to establish a case against the perpetrators. The department does not wait for
the year-end crime statistics in order to formulate a response plan. Crime is analyzed
weekly in order to identify and to predict emerging crime patterns with the goal of
deploying our forces to those areas where crime will be most prevalent. Our experience
reveals that crime is not concentrated in anyone area of the city. Rather, it emerges in
patterns throughout our neighborhoods requiring us to constantly realign the deployment
of the patrol force.
The Boynton Beach Police Department has shifted the responsibility for deployment of
forces downward to the operational level. Officers identify problem areas and
neighborhood concerns relaying this information to their supervisors for consideration
along with criminal intelligence and statistical data. Patrol commanders then formulate a
weekly deployment plan which is submitted to the Uniformed Services Division
Commander for approval. Deployment plans can always be changed on short notice in
response to critical incidents or rapidly emerging crime patterns. Although the 911
generated work load will always take precedence, officers are empowered to spend the
time necessary to identify problems and search for long term solutions which might
involve utilizing other components of city government such as Code Enforcement or
Public Works. Deployment plans take into account the most serious street crimes and the
type of patrol that can best combat and prevent these offenses. Since the beginning of the
year, we have been concentrating all discretionary patrol and CAT team activity in Zones
1,2,3,4 and 7. Several special operations (covert surveillance, plainclothes bike patrol,
tactical deployment) in the Meadows and Nautica Sound developments were instituted in
response to neighborhood complaints of illegal juvenile activity and a recent homicide.
The PERF Report outlines the shift in departmental philosophy to one of community, or
more specifically, preventive policing. The PERF report, commenting on our transition
to community based policing, noted that "an enhanced community policing focus may
enable the city and the department to prevent and control crime, violence and disorder
and thus reduce the rate of increase in demand for police services over the next 10 years.
By becoming more effective. the department may be able to mitigate the need for future
expansion." We recognize that the demand for police services will continue to increase
and that the department's manpower resources may not be able to keep pace with the
increased demand. The alternative, as recognized in the management audit, is to become
more efficient which requires a dedication to preventive policing principles. Reactive
policing will always remain an important component of law enforcement services:
however. a problem solving approach which concentrates on addressing the underlying
reason for crimes and neighborhood problems \vill eventually result in a decreased need
for police intervention. We believe that effective community or preventive policing
begins with an effort to connect police and the neighborhoods in relationships of mutual
trust. Without this, we can not effectively determine what is actually happening on the
streets of our city beyond our own observation. Our best intelligence information comes
from the residents of a particular neighborhood and in this respect we have been very
successful. In many, if not most cases, where our investigators are charged with solving
a violent crime, we are quickly informed who has committed the crime. This puts our
investigators in a situation where they are frequently investigating "in reverse".
Meaning, we know who did it. now we have to gather the evidence to prove it. The other
component of preventive policing involves formulating a plan to deal with a particular
problem. Officers must develop an ability to look at a particular situation or problem as
being part of a pattern that leads to an underlying cause. Only then, can a long-range
solution be found.
The Community Action Team (CAT), composed of one lieutenant two sergeants and
eight officers, deploys in a bicycle and foot patrol mode in those neighborhoods where
crime and nuisance type problems are frequent. Their purpose is to establish a rapport
with citizens and apply the principles stated above in order to effectively deal with
persistent problems. During 2006, the CATs were deployed primarily east ofl-95
between Woolbright and the northern boundary. During the holiday shopping season. the
CATs were deployed to the mall and the shopping areas along Congress Avenue. There
will be a similar holiday deployment in November and December of this year. Much was
accomplished by the CATs who addressed numerous neighborhood issues ranging from
animal complaints to illegal narcotics sales. Seven search and seizure warrants were
obtained and executed against locations distributing controlled dangerous substances. In
addition the CATs, during 2006. seized 32 vehicles being used for narcotics distribution.
12 guns, 335 grams of cocaine. 6,656 grams of marijuana and $36.739.50 in drug
proceeds money. Recently, the CATs shut down two massage parlors in the area that
were actually prostitution operations. Again. information regarding these locations came
from neighborhood businessmen and residents.
On April 1, 2007, the department is authorized an additional sergeant and three ofIicers.
We will use the additional manpower to establish a Special Investigations Unit within the
Investigative Services Section. This unit will initially be working with the Drug
Enforcement Agency Task Force in order to identify and curtail the movement of
narcotics in and out of Boynton Beach. Recent intelligence information gathered by our
officers indicates an increased amount of illicit narcotics activity in the area which could
result in an increase in violent street crimes as well as increased property crimes. This
unit will also scrutinize crime reports and analyze intelligence information in order to
identify those non-public locations where drug sales are taking place. Additionally, this
unit will supplement ISS during major crime investigations.
GANG ENFORCEMENT ACTIVITIES
The department participates in two county-wide task forces. An investigator is assigned
to the Violent Crime Task Force (VCTF) and an additional investigator is assigned to the
Multi-Agency Gang Task Force (MAGTAF). All gang activity in the county is tracked
by these units and Task Force members are assigned to investigate any instances of gang
activity. A large amount of criminal intelligence information has been obtained and
cataloged for use by county law enforcement agencies. Recently, the department's
SWAT unit, along with the Palm Beach County Sheriffs SWAT unit, has implemented a
tactical initiative wherein these specialized officers frequently patrol the neighborhoods,
residences and locations where gang members live and congregate (north of the Cl6
canal along Seacrest Blvd). This, in addition to Task Force deployment, has facilitated a
"show of force" on the part of law enforcement. Our tactical officers are also deployed to
those areas where emerging crime patterns and open-air drug sales are identified.
Deployment of tactical officers is normally on an overtime basis and is limited based on
available funding.
Task Force personnel also work with our Investigative Services Section during
investigations of violent crime. Criminal intelligence information is exchanged on a
regular basis and any gang involvement in violent crime is identified and brought to the
prosecutors assigned to gang related cases.
The department has also submitted a proposal for an anti-loitering ordinance (attached)
that would prove helpful in preventing assemblies of those persons who would
congregate for the purpose of promoting illegal activity.
DEPARTMENTAL OUTREACH PROGRAMS
The department will continue to operate five very successful community outreach
programs; Citizens Police Academy, Police Athletic League, Citizens on Patrol, Police
Explorer Post and Shop-with-a-cop.
The Citizens Police Academy recently began its 26th session which consists of 10 three
hour lesson blocks and two officer ride-a-Iongs, designed to familiarize citizens with the
organization and operation of the police department. All of our CPA classes fill to
capacity (55) and we will continue to conduct two sessions per year.
The Police Athletic League (PAL) continues to operate football, basketball, cheerleading
and summer camp programs at the Ezell Hester Center, serving approximately 700
children per year. All of our PAL programs quickly fill to capacity.
The department's Citizens on Patrol program has over 1200 participants that serve as the
"eyes and ears" of the police department. The COP's patrol neighborhoods throughout
the city in departmental COP vehicles and report suspicious activity to our
Communications center.
Our Police Explorer Post is a BSA program that introduces young men and women to the
operation of a police agency and a law enforcement career. There are currently 20 men
and women, between the ages of 14 and 17 participating in our program. They have
traveled throughout the state participating in education and competitive programs
designed to develop law enforcement skills.
"Shop with a Cop" and school supply give-a-way - these programs provide needy
children with school supplies at the beginning of the school year and an opportunity to
receive presents during the holidays. Donated funds are utilized to make purchases and
Crime Prevention officers work with local elementary schools in order to identify
children in need of assistance.
We are currently working with our city manager and the police chiefs and city managers
of Delray Beach, Lantana and Lake Worth to identify programs in the various cities that
have been beneficial in establishing an alternative to gang affiliation and criminal
involvement. At this point. the various programs have been identified and defined. At
future meetings we will further examine the dynamics of these programs and move to
adopt one or more that would provide our youth with a meaningful diversionary
opportunity.
CITY OF BOYNTON BEACH
CITYWIDE ZONE MAP
Boynton Beach Police Department
INDEX CRIME / ARRESTS
2005/ 2006 COMPARISON
*Based on UCR Code
OFFENSES
2005 2006 + 1-
HOMICIDE 3 11 8
Criminal homicide 1 9 8
Manslaughter 2 2 0
SEXUAL OFFENSE 6 8 2
ROBBERY 139 183 44
Highway 47 100 53
Other commercial 10 8 -2
Gas/service station 2 7 5
Convenience 11 22 11
Residence 15 17 2
Bank 2 8 6
Miscellaneous 52 21 -31
ASSAULT 1068 1196 128
Simple 725 736 11
Aggravated 343 460 117
BURGLARY 720 693 -27
Residence 463 468 5
Non-residence 257 225 -32
LARCENY 2381 2361 -20
Pocket-picking 20 5 -15
Purse snatching 8 1 -7
Shoplifting 588 575 -13
From motor vehicle 586 647 61
Motor vehicle parts 332 345 13
Bicycles 82 75 -7
From building 115 272 157
From coin op device 0 3 3
All other 650 438 -212
MOTOR VEHICLE THEFT 307 358 51
TOTAL 4624 4810 186
ARRESTS
(NUMBER OF PERSONS ARRESTED)
2005 2006 + 1-
6 7 1
5 6 1
1 1 0
1 1 0
30 64 34
0
0
0
0
0
0
0
346 484 138
206 282 76
140 202 62
78 74 -4
0
0
573 541 -32
0 1 1
2 0 -2
510 470 -40
19 24 5
0 0 0
4 2 -2
1 13 12
0 0 0
37 31 -6
20 17 -3
1054 1188 134
2/1/2007
Boynton Beach Police Department
TuT AL INDEX CRIME FIVE YEAR ANALYSIS
*Based on UCR Code
(Please see corresponding graphs on following page)
2002 2003 2004 2005 2006 TOTAL
HOMICIDE 2 1 6 3 11 23
Criminal homicide 2 1 6 1 9 19
Manslaughter 0 0 0 2 2 4
SEXUAL OFFENSE 12 7 6 6 8 39
ROBBERY 204 185 223 139 183 934
Highway 116 131 159 47 100 553
Other commercial 18 16 15 10 8 67
Gas/service station 8 4 5 2 7 26
Convenience 27 20 16 11 22 96
Residence 28 8 15 15 17 83
Bank 3 5 1 2 8 19
l\Iliscellaneous 4 1 12 52 21 90
-
A AULT 1211 1595 1602 1068 1196 6672
Simple 836 1112 1157 725 736 4566
Aggravated 375 483 445 343 460 2106
BURGLARY 853 848 724 720 693 3838
Residence 600 651 550 463 468 2732
Non-residence 253 197 174 257 225 1106
LARCENY , 3369 3558 3130 2381 2361 14799
Pocket-picking 1 0 3 20 5 29
Purse snatching 0 0 1 8 1 10
Shoplifting 797 984 862 588 575 3806
From motor vehicle 856 824 847 586 647 3760
Motor vehicle parts 533 548 441 332 345 2199
Bicycles 115 131 75 82 75 478
From building 380 322 291 115 272 1380
From coin operated device 0 9 8 0 3 20
All other 687 740 602 650 438 3117
MOTOR VEHICLE THEFT 559 475 481 307 358 2180
T L 6210 6669 6172 4624 4810 28485
2/1/2007
Boynton Beach Police Department
INDEX CRIME BY ZONE
ZONES 1-3
2005/2006 COMPARISON
"Based on UCR Code
(Please see corresponding graphs on following pages)
ZONE 1 ZONE 2 ZONE 3
2005 2006 + ,- 2005 2006 + 1 - 2005 2006 + 1-
HOMICIDE 1 0 -1 0 1 1 1 1 0
Criminal homicide 0 1 1 1 -1
Manslaughter 1 -1 0 1 1
SEX OFFENSE 1 -1 0 2 2
ROBBERY 7 13 6 10 22 12 27 33 6
Highway 2 10 8 2 16 14 10 22 12
Other commercial 0 1 -1 2 2
Gas/service station 0 0 0
Convenience 0 1 1 3 1 -2
Residence 1 3 2 3 4 1 4 2 -2
Sank 0 0 0
Miscellaneous 4 -4 4 1 -3 10 6 -4
ASSAULT 91 94 3 117 146 29 186 240 54
Simple 56 51 -5 76 87 11 125 139 14
Aggravated 35 43 8 41 59 18 61 101 40
BURGLARY 51 75 24 68 82 14 76 94 18
Residence 42 66 24 53 70 17 48 61 13
Non-residence 9 9 0 15 12 -3 28 33 5
LARCENY 87 108 21 113 125 12 211 193 -18
Pocket-picking 0 0 1 1
Purse snatching 0 0 0
Shoplifting 3 1 -2 2 2 0 9 8 -1
From motor vehicle 21 50 29 32 46 14 49 49 0
Motor vehicle parts 34 29 -5 28 40 12 61 62 1
Bicycles 0 7 6 -1 8 7 -1
From building 3 5 2 5 9 4 10 14 4
From coin op device 0 0 0
All other 26 23 -3 39 22 -17 74 52 -22
AUTO THEFT 38 33 -5 17 33 16 23 41 18
TOTAL 276 323 47 325 409 84 524 604 80
2/1/2007
Boynton Beach Police Department
h._eX CRIME BY ZONE
ZONES 4 - 6
2005/2006 COMPARISON
*Based on UCR Code
(Please see corresponding graphs on fOllowing pages)
ZONE 4 ZONE 5 ZONE 6
2005 2006 + /- 2005 2006 + 1- 2005 2006 + /-
HOMICIDE 1 2 1 0 0 0 0 1 1
Criminal homicide 1 2 1 0 1 1
Manslaughter 0 0 0
SEX OFFENSE 2 1 -1 0 0
ROBBERY 15 27 12 31 20 -11 1 4 3
Highway 9 13 4 10 11 1 2 2
Other commercial 0 3 -3 1 -1
Gas/service station 2 3 1 0 0
Convenience 1 4 3 2 3 1 0
qesidence 1 2 1 2 -2 1 1
.mk 1 1 2 4 2 1 1
Miscellaneous 2 4 2 12 2 -10 0
ASSAULT 130 151 21 139 141 2 30 41 11
Simple 92 88 -4 85 94 9 22 32 10
Aggravated 38 63 25 54 47 -7 8 9 1
BURGLARY 92 102 10 97 72 .25 44 39 -5
Residence 66 70 4 57 45 -12 24 12 -12
Non-residence 26 32 6 40 27 -13 20 27 7
LARCENY 207 214 7 296 253 -43 107 125 18
Pocket-picking 1 -1 2 1 -1 0
Purse snatching 1 1 1 -1 0
Shoplifting 9 9 0 75 73 -2 6 15 9
From motor vehicle 66 62 -4 69 61 -8 44 41 -3
Motor vehicle parts 42 40 -2 33 19 -14 10 21 11
Bicycles 13 15 2 13 11 -2 1 1 0
From building 13 24 11 12 37 25 9 16 7
From coin op device 2 2 0 0
All other 63 61 -2 91 51 -40 37 31 -6
A' THEFT 42 39 -3 42 32 -10 13 20 7
-
TOTAL 489 536 47 605 518 -87 195 230 35
2/1/2007
Boynton Beach Police Department
INDEX CRIME BY ZONE
ZONES 7 -10
2005/ 2006 COMPARISON
*Based on UCR Code
(Please see corresponding graphs on following pages)
ZONE 7 ZONE 8 ZONE 9 ZONE 10
2005 2006 + ,- 2005 2006 + ,- 2005 2006 + ,- 2005 2006 + I-
HOMICIDE 0 0 0 0 1 1 0 3 3 0 2 2
Criminal homicide 0 1 1 2 2 2 2
Manslaughter 0 0 1 1 0
SEX OFFENSE 1 1 0 1 1 3 3 0
ROBBERY 18 33 15 8 11 3 4 7 3 18 13 -5
Highway 4 14 10 4 4 0 2 4 2 4 4 0
Other commercial 3 4 1 1 2 1 0 1 -1
Gas/service station 4 4 0 0 0
Convenience 3 4 1 3 3 2 2 2 4 2
Residence 1 1 0 0 0 3 4 1
Bank 1 1 0 0 1
Miscellaneous 7 5 -2 3 2 -1 2 1 -1 8 -8
ASSAULT 162 157 -5 28 27 -1 64 89 25 121 110 -11
Simple 112 102 -10 21 16 -5 45 59 14 91 68 -23
Aggravated 50 55 5 7 11 4 19 30 11 30 42 12
BURGLARY 130 93 -37 11 4 -7 79 61 -18 72 71 -1
Residence 84 58 -26 0 40 30 -10 49 56 7
Non-residence 46 35 -11 11 4 -7 39 31 -8 23 15 -8
LARCENY 520 518 -2 318 265 -53 209 245 36 313 315 2
Pocket-picking 10 1 -9 1 1 0 4 1 .3 2 -2
Purse snatching 3 -3 1 -1 1 ., 2 -2
Shoplifting 202 156 -46 214 182 -32 14 18 4 54 111 57
From motor vehicle 96 135 39 29 19 -10 60 96 36 120 88 .32
Motor vehicle parts 45 55 10 18 12 -6 23 30 7 38 37 -1
Bicycles 21 20 -1 1 2 1 6 2 -4 12 11 -1
From building 22 65 43 15 32 17 14 46 32 12 24 12
From coin op device 0 1 1 0 0
All other 121 86 -35 39 16 -23 87 52 -35 73 44 -29
AUTO THEFT 70 65 -5 8 14 6 19 39 20 35 42 7
TOTAL 900 867 -33 373 322 -51 375 445 70 562 556 -6
2/1/2007
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3/13/2007
Page 1
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Divisional Allocation of Sworn Personnel
Prepared By: The Professional Standards Section
Division
Section
Chief
Major Lieutenant Sergeant Detective Officer
Administration:
Chief of Police 1
Professional Standards 1 4
Training / Recruiting 1 3
In Academy 3
Division Total: 13 1 1 1 0 10
Uniform Services:
DiVision Commander
Administrative Sergeant
CriInePrevention
Marine Enforcement
Patrol
PoliceK-9
Patrol- In Field Training"
Police,Atbletic League
Community Action Team
Traffic Enforcement
LightDuty
Division Totah 120
Support Services:
Division Commander 1
Investigations 1 4 1 15
Division Total: 22 1 1 4 1 15
Breakdown:
(Auto Table) Authorized Actual Difference
Chief 1 1 0
Major 2 2 0
Lieutenant 7 7 0
Sergeant 22 22 0
Detective 1 1 0
Officer 122 122 0
Total Sworn 155 155 0
C.S.O.. 8 8 0
G. Matthew Immler,
Chief of Police
CITY OF BOYNTON BEACH, FLORIDA
INTER-OFFICE MEMORANDUM
TO:
Jim Cherof,
City Attorney
DATE:
28 February 2007
FILE:
Kurt Bressner.
City Manager
FROM: G. Matt w Immler,
Chief 0 olice
,~/:/
In reviewi g several anti-gang ordinances from Chicago, Cincinnati and El Paso, I have not found one that
would, in its present form, address what 1 believe to be the City Commission's intent regarding the prevention
of "gang loitering". In State v. O.c., 748 So.2d 945 (Fla. 1999) the Supreme Court of Florida upheld the Fifth
District's finding that fs.s. 874.04 (criminal street gang activity statute) was unconstitutional. The reasoning
they used was that the statute was criminalizing a person's status as a gang member as opposed to their activity
as part of a gang. The statute was subsequently changed by the legislature to allow enhancement of penalties
for someone engaged in criminal activity that benefits or promotes gang activity.
SUBJECT:
REFERENCES:
Gang ordinance
ENCLOSURES:
Thinking along these lines I suggest that we look at a general loitering ordinance similar in form to the EI Paso
ordinance (attached). This would allow officers to prevent congregation for unlawful purposes in any public
place within the city. The ordinance should incorporate the language and definitions in Chapter 874 of the
Florida Statutes and provide that loitering for what is reasonably suspected to be an illegal purpose violates the
ordinance. Following is some suggested wording:
It shall be unlawful for any person:
To loiter in or near any street or public place in a manner and under the circumstances that would lead a sworn
law enforcement officer to reasonably suspect that a person or persons are engaged in conduct that is
intimidating, harassing, threatening to any citizen or otherwise interfering with the free flow of pedestrian or
vehicular traffic;
To loiter in or near any street or public place in a manner and under the circumstances that would lead a sworn
law enforcement officer to reasonable suspect that a person or persons are engaged in any activity that would
promote, benefit or otherwise further the interest of a criminal street gang as defined in fs.s. 874.03.
To loiter in or near any street or public place in a manner and under circumstances that would lead a sworn law
enforcement officer to reasonable suspect that a person or persons are loitering for the purpose of inducing,
enticing, soliciting or procuring another to commit an act of prostitution. Among the circumstances which may
be considered in determining whether such purpose is manifested are that the person repeatedly beckons to,
stops or attempts to stop, or engages in conversation with, passersby, or repeatedly stops or attempts to stop
motor vehicle operators by hailing them or gesturing to them.
To loiter in or near any street or public place in a manner and under circumstances manifesting the purpose to
engage in a drug-related activity contrary to any of the provisions of Chapter 893 of the Florida State Statutes.
a. Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in
)r is then engaged in an unlawful drug-related activity. including by way of example only. such person is
acting as a "look out:'
b. Such person is physically identified by the ot1icer as a member of a "gang" in accordance with Chapter 874
of the Florida State Statutes which has as its purpose illegal drug-related activity,
c. Such person transfers small objects or packages for currency in a furtive fashion,
d Such person takes flight upon the appearance of a police officer.
e. Such person manifestly endeavors to conceal himself or herself and any object which reasonably could be
involved in an unlav"iful drug-related activity.
f. The area involved is by public repute known to be an area of unlawful drug use and trafficking,
g. The premises involved are known to havt? been reported to la\\ enforcement as a place suspected of drug
activitv
Definitions:
]. "Public place" is an area generally visible to public vie\v and includes streets, sidewalks. bridges, alleys.
plazas. parks. driveways. parking lots. and buildings open to the general public including those which serve
food or drink, or provide entertainment. and the doorways and entrances to buildings or dwellings and the
grounds enclosing them. The term "street" includes the legal right-of-way, including, but not limited to. the
traffic lanes, curb, sidewalk, whether paved or unpaved. parkvv'ay and any grass plots or other grounds found
within the legal right-of-way of a street.
2. "Loiter" means to remain, linger. idle to continue and to stay unnecessarily upon the streets in conjunction
with the acts prohibited by subsection (.....) of this section.
I do not believe that these provisions are contrary to Chapter 874 or to provisions found in the state loitering
and prowling statute found at 856.021. I further recommend that if we do adopt this type of an ordinance that
we also modify Part II. Article VIII. Section 15-112 (nuisance abatement) of our Code of Ordinances to expand
the definition of a public nuisance to include any location where two or more violations of the anti-loitering
ordinance have been documented by the PD.
I also suggest that we include the enforcement mechanism (arrest. custody or Notice to Appear) in the
ordinance. Since we are not criminalizing association with an ordinance of this type (and I don't believe ther
is any vagueness in the wording), we should pass constitutional muster. A general loitering ordinance WOllin
also obviate the need to designate problem areas or "exclusionary zones" which itself could result in
disagreement and perceived arbitrariness on the part of government officials.
Florida Case Law - STATE v. O.C., 748 So.2d 945 (Fla. 1999)ST ATE v. O.c., 748 So.2d... Page 1 of 7
Florida Case Law
.sTATE v. O.C., 748 So.2d 945 Fla. 1999)
STATE OF FLORIDA, Appellant, 'Is. O.C., a child, Appellee.
No. 94,513.
Supreme Court of Florida.
Oplnion filed September 16, 1999.
An Appeal from the District Court of Appeal
Constitutional Invalidity - Fifth District _
No. 97-3075.
Page 946
Statutory or
Robert A. Butterworth, Attorney General, and Belle B. Schumann and
Wesley Heidt, Assistant Attorneys General, Daytona Beach, Florida,
for Appellant.
James B. Gibson, Public Defender, and Larry B. Henderson,
Assistant Public Defender, Seventh Judicial Circuit, Daytona
Beach, Florida, for Appellee.
PARIENTE, J.
We have on appeal the Fifth District's decision in O.C. v.
State, 722 So.2d 839 (Fla. 5th DCA 1998), declaring section
~74.04, Florida Statutes (Supp. 1996), unconstitutional. We have
jurisdiction. $ee art. V, s: 3(b) (1), Fla. Const.
O.C., a juvenile, was charged by an amended delinquency
petition with attempted aggravated battery to cause great bodily
harm, a third-degree felony, and battery, a misdemeanor. The
Fifth Jistrict's opinion details the evidence presented at the
adjudicatory hearing:
The victim testified that on January 29, 1997, he was getting
off a bus at his stop. According to the victim, O.C.
"grabbed me and threw me. . towards Kenny. And then he
[Kenny] hit me in the face with his fist." The victim
continued that "they [O.C. and Kenny] picked me up and threw
me through the fence. They just took my arms and threw me."
The fence was wooden and the victim's head went through it.
The victim further testified that "then they Just started
kicking" him "on my head, my whole body." The attack lasted
about five or ten minutes and then they left. According to
the victim, another youth, Everett, who was present and
"latching, "screamed that this is a message for your brother
or something." Pictures sho"ling the inJuries sustained by
the victim were introduced into evidence. He suffered no
broken bones but could barely open his right eye.
The victim stated on cross examinatlon that Kenny and
O. C. "did about the same amount" of kicking and beating on
him. The victim reiterated that O.C. started the incident by
grabbing him and throwing him towards Kenny. An eyewitness
htto://loisJawcol1l/nns/rlodink htn?lo(1;:Jlltn=Gr;mtnRr:lli:l~=bT r A .'b A).ritp=7Ll.R+,n In+
III ~l7nn7
Florida Case Law _ STATE v. O.c.. 748 So.2d 945 (Fla. 1999)STATE v. O.c., 748 So.2d... Page], of 7
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Page 947
~~e [rial cou~~ de~erred rul~ng
challenge a~d reard ~~e ta~e's ffiO~j
's =orstitu~~onal
r ",:Jane ELhancerner.t."
ld. at 24
=-1"-1:- i n;
-:he h,=c3ricg,
,a J
:ha::
l'iafia
sherif~'s dep~Li involved 1D gang surve~llance ~estified
,-' is a ~~:ernber f ae 02:.:"lanoo qang knOI,.^JD as Uni'1srsal
Crew (l~C) Addi~ioG21 rembe~s were identified. The
depu:y testified tna:: told hiffi whi~e on the street that
she was a meDbe~ of C~C and lD fac~ was the leader.
Ano~her deputy sheriff who specia~izes in gangs
testified that U~C has a hie consis~ing Gf a godfather,
her, bosses ar foot soldiers. r was the godmother.
The ga~g had r5, ~et Dorlthly and \~as im91icated in othe~
:rlmes. Several :1embE~s cf the garlg
ad bee~ arrested on
1 :~~: a
:Lef:
J:i. t 2. e a s t t~ .'l r e e
ary, aggravated batte~y
crrej s~c~gJn end
~_~s:s had occ~rred
=elc,nj/
=harges l~c:cding arffied
~:riife, rOssesslc~ f a snort
aLL
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~!-~in t~~~e f-'~s
.,.':::::';:' .~
rd. at 4~. J..":.'___v -he Le-_C"lr,Q, tree ::r_al :=o'Jrt :jer~.:.ed 's
consti t'..l"t} ai ::r.c.l_engc3 t section H74.04, fend . C. to be a
riminal stree~ ga~g member, and stated t~at . 1S third-decree
felo~ and slsdemeancr wo~~a be enhan:=ed D~ one degree t
5 e cond - 3.f'ici t t'~~ rd - cs 9 ree f.::~ 1 CJ:l.i e s pGr S'.J.2:-1 ~,-
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, 1 "j/2007
Florida Case Law - STATE v. O.c., 748 So.2d 945 (Fla. 1999)ST ATE v. O.c., 748 So.2d... Page 3 of 7
Chapter 874, the Criminal StreeL Gang Prevention Act of 1996,
provides for enhancement of criminal penalties for a defendant who
is a ;nember of a "cri;ninal street qang":
Criminal street gang activity; enhanced
penalties. - Upon a finding by the court at sentencing Lhat
the defendant is a member .of a crimina street gang, [[fI11J]
the penalty for any felony or misdemeanor, or any delinquent
act or violation of law which would be a felony or
misdemeanor if commiLted an adult, may be enhanced if the
offender vJas a member of a criminal street
Page 948
qang at the time of the commisslon of such offen.se. Each of the
f~ndinqs required as a basis for such sentence shall be found by a
preponderance of the evidence. The enhancement will be as
f 110',Js:
(2) (a) A felony of the third degree may be punished as
if it were a felony of the second degree.
(b) A felony of the second degree may be punished as if
it were a felony of the first degree.
(c) A felony of the first degree may be punished as if
it were a life felony.
s: ~74.04 (emphasis supplied). F, "criminal street gang" is broadly
defined in section ~74.0~ as
a formal or informal ongoing organization, association, or
group that has as one of its primary activities the
commission of criminal or delinquent acts, and Lhat consists
of three or more persons who have a common name or common
identifying signs, colors, or symbols and have two or more
members who, individually or collectively, engage in or have
engaged in a pattern of criminal street gang
acti vi ty. [[fl1~J]
s: ~74.Q.~(1).
The Fourteenth Amendment to the United States Constitution,
and article I, section 9 of the Florida Constitution, protect a
citizen I s right to "due process of law. "[fl!:3] In delineating
the scope of a citizen's substantive due process protections, this
Court explained in ~ai~z:
The due process clauses of our federal and state
constitutions do not prevent the legitimate interference with
indlvidual rights under the police power, but do place limits
on such interference.
[T]he guarantee of due process requires that the
means selected [by the Legislature to achieve lts legitimate
police-power obj ecti ves] shalLha7e a ~~a.soJl~Ql_e and
substantiCil LeJcCition to thE"_ojJ.:;ect s()ught to be_E.:ttAiD~d ang
shCilJ not b em.un rea ~QI1Clbl e, arbit ra_J:y_orcAPJ:"lcJ(lU_S.
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Florida Case Law - STATE v. O.C.. 748 So.2d 945 (Fla. 1999)STATE v. O.c.. 748 So.2d.. Page 4 of 7
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whic~ ~eld u~corstitutional a statute
~ed,
-:.:.. ne rn,:~ ::..:.-e
ssess~_c>n
f ~therwise legal spearfishin~
Fore recent 1 y, 2-:1 v .__StCi-:g, i::i1.9j;~.._~d~::;J., 237 - 3 8
iFla. 2.993: this Court i:-,validateci a ":amDa crdinance rraking.2.1::
111eg31 loiter 2-D a manner ~anifesting the purpose of procur~ng
5ez fer L~re. Un.:ier tr~e :-.::iinanc:e, a I='e2:'Sc:D irJhc; \'Jas a "kI1CV-JD
mc-:cr 'Jehiele
pYcsti::~te'! :culd be convicted for beckoGirlg t
was ~he st2tu~e ~2ace ans ov?rbroad, but
()p~rGt
tc. seer:.
::::>ee
1 C\.
a~
235, .
The C,=l~rt
f J~d that net only
~.;:Lc,_a::-_ed a
citizen's sUDsta~ti~e 8LE crocess ri
s bscau:::e l::
"'Jnj~st~fiacly tra~sgress[edJ t~c funda~ental
power f gcver~me~t to ~.~~r~6e ~po~ ~nd~vid~a~
2~estr~c-:.i0ns
c> r.
1.=h.~
l'l sand
~ibe:ct:~es I If
"p'clnish L .~~
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erl t i!"e 1 ':/
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3..:':': i"':lit.ieslt suc:r.
as
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~-1Jde th3t
~s beca~se the st3t t~
eels 1::
s~a~:_ive due precess
defendant _'r, =cnvic~~G~
sect~
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Florida Case Law - STATE v. O.c., 748 So.2d 945 (Fla. 1999)STATE v. O.C., 748 So.2d... Page 50f7
the increased punishmen: is based on associatlon with other
people, who mayor may noe have commi:ted unrelated criminal accs
Id.
tor example, without a required nexus between the crlme and
the enhancement, an individual charged wlth a nonviolent crlme,
such as shoplifting, could be subJect to the enhanced penalty
range for a higher degree crime simply because the State
establishes that the defendant lS a gang member. The enhancement
provided for by statute is extreme~y significant in that each
crime is enhanced by one degree[fn4] so that a felony of the
third degree is punished as if It were a penaley of the second
degree, a felony of the second degree punished as If it were a
felony of the first degree, and a felony of the first degree
punished as if it were a life felony. See 5
HZ4-Q,q,(2) (a)-(c) . [fn5] In this case, O.C. was sentenced based
on a second-degree felony, although the crime with which she was
originally charged, attempted aggravated
Page 950
battery to cause great bodily harm, is a third-degree
felony. [fn6J
In reaching the conclusion that section 87~.04 is
unconst i t ut ional, the Fi fth Di s t r i ct dist inguishedE'E~QRJ_3=__'L._
GE..~~J3=Y, 927 P.2d 713 (Cal. 1996), c~rt,---_denied, 118 S.Ct. 148
(1997), a decision from the California Supreme Court rejecting
constitutional challenges to California's version of a gang
enhancement statute. See ~, 722 So.2d at 842. The California
statute, unlike the statute in this case, provided that the
defendant's sentence could be enhanced if the defendant committed
the crime "for the benefit of, at the direction of, or in
association with any criminal street gang, with the specific
intent to promote, further, or assist in any criminal conduct by
gang members." Gc:l.rdeley, 927 P.2d at 720. The California Supreme
Court concluded that this statute "fully comport [ed] with due
process" because it did not impose criminal penalties for "mere
gang membership," but only when the criminal conduct at issue was
committed for the gang's benefit and with the specific intent to
assist in criminal conduct by gang members. 19~ at 725.
Unlike the statute in Gafd~~, section 87-l!.04 punishes mere
association by providing for an enhancement of the degree of a
crime based on membership in a criminal gang, even where the
membership had no connection \oJith the crime for which the
defendant had been found guilty. We conclude that because the
statute punishes gang membership without requiring any nexus
between the criminal activity and gang membership, it lacks a
rational relationship to the legislative goal of reducing gang
violence or activity and thus fails to have a "reasonable and
substantial relation" to a permissible legislative objective.
Sai...s:.==, 489 30.2d at 1128.
Because we agree that section 874,Q4 is unconstitutional as a
viclatlon of substantive due process, we find it unnecessary to
reach O.C. 's challenge to the statute based on First Amendment
grounds. Accordingly, we affirm the declsion of the Fifth
District for the reasons stated in thlS oplnion.
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Florida Case Law - STATE v. O.c.. 748 So.2d 945 (Fla. 1999)STATE v. O.c.. 748 So.2d... Page 6 of 7
;~:~F:_=:
LL.~~ ,
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'~UT':lCr t ec~
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:d Resides ~n r l~eque~ts a par~l=L~ar rimical s~ree~
Ja~g's a~e2 and adop:s the~r style ~f dress, their use ~~
ancJ signs, e:,r ~r~ei!: tat-toas, and 2.ssccic.tes 'V'Ji th Kn01fvD
crlmi~al stree-: gang members.
(e; _s loen~ifieo as a criminal street gang member by an
informant f oreviously untested reliability and such
ide~tificatio~ is =Grrobora~ed ~ i~formaticn.
..=
Has been arrested more
~han once ln tne company of
ga~g memoe:::s for offenses WhlCh
a~e =~~s~s~ent w~t~ Ls~al crl21na~ street gacg activit
ibectified =ri~inal st~eet
tg Is ~de~tified &5 a crimina~ street gang member bv
s~ca~ c~~dence sJch as
O';!r2
or c,ther
doct::Tle:-1L3~- icr:.
h
l-:25 ;:Jsen :3t
in the c8In;la:-:
f knc\'ln cr u:un3.l
S~]=~r gan} r~e~bers four 8r ~cre tlmes.
:)
C: :: -
-::::n2j
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'_:Je ':=c':T.:::::j2rab~e nCITlber cr ,:..ieli.-~l(TLlen-= ac-:s <":'2:
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Florida Case Law - STATE v. O.c., 748 So.2d 945 (Fla. I 999)ST A 'IE v. O.C., 748 So.2d... Page 7 of 7
provided by the due process clauses encompasses both procedural
and subs'::antive due process. S_ee,e.g., QepiirtrnE::fl.Lof_LcIvJ
Enfc2rcementu.Y: Real ProQeL1;:y, 588_SQ._~d9_~7, 960 (Fla. 1991).
[fn4] Life felonies are punishable by a term of imprisonment for
life if the life felony occurred after July 1,1995. See s:
(3) (a)3, Fla. Stat. (1995). First-degree felonies are
punishable by a maximum term of isonment not to exceed 30
years, Jnless the offense is one that speclfically provides for a
life term. See s: T75 (3) (b). Second degree felonies are
punishable by a maximum term of imprlsonment not to exceed fifteen
years, se,e section 7?~()~_2 (3) (c), and third-degree felonies are
punishable by a maximum term of imprisonment not to exceed five
years. See s: 77:i,Qtj2(3) (d).
[fn5] Misdemeanors are also subJect to enhancement by one degree
so that a misdemeanor of the first degree may be punished as a
felony of the third degree, see s: 874-9...9 ( (1) (b), thus raising
additional concerns about the jurisdiction of the county and
circuit courts in this circumstance. Further, the enhancement
occurs at sentencing by the court, upon a finding by "the
preponderance of the evidence" rather than as an element of a
crime that must be proven beyond a reasonable doubt. We do not
address these additional concerns at this time because of our
decision that the statute is facially unconstitutional.
[fn6] Though the trial court noted that the misdemeanor battery
would be enhanced to a third degree felony, it only sentenced a.c.
on the conviction for attempted aggravated battery to cause great
bodily harm, enhanced from a third- to a second-degree felony.
This was "because there was only a single incident and victim and
only one charge could be pursued." a_.i=-,---"'-,~t:ate, ?22 So.2d 839,
84 1 (Fl a. 5 t h DCA 1998) .
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Florida Statutes - 874,(n Short title.-
Florida Statutes
.-J Florida Statutes
~ TITLE XLVI CRIMES
~ CHAPTER 874 STREET TERRORISM ENFORCEMENT AND PREVENTION
874.01 Short title. -
1";1.3
~ I.
11 --'-
Hlstory.
"'--J
COPYright Ii:) 2007 LOlslaw.com, Inc. All Rights Reserved
http://loislaw.com/pns/tcdocview.htp''loRauto=TCAUTO&dockev= I 1792194raFLCODE
Page 1 of 1
2T2007
Florida Statutes - 874.02 Legislative findings and intent. _
Page 1 of 1
Florida Statutes
.,j Florida Statutes
.,j TITLE XLVI CRIMES
.,j CHAPTER 874 STREET TERRORISM ENFORCEMENT AND PREVENTION
874.02 Legislative findings and intent. _
(1) The Legislature finds ~hat it lS the right of every person,
regardless of race, color, creed, religion, national origin, sex, age,
sexual orientation, or handicap, to be secure and protected from fear,
intimidation, and physical harm caused by the activities of criminal street
gangs and their members. It is not the intent of this chapter to interfere
with the exercise of the constitutlonally protected rights of freedom of
expression and association. The Legislature recognizes the constitutional
right of every citizen to harbor and express beliefs on any lawful subject
whatsoever, to lawfully associate with others who share similar beliefs, to
petition lawfully constituted acthority for a redress of perceived
grievances, and to participate in the electoral process.
(2) The Legislature finds, however, that the state is facing a mounting
crisis caused by criminal street gangs whose members threaten and terrorize
peaceful citizens and commit a multitude of crimes. These criminal street
gang activities, both individually and collectively, present a clear and
present danger. The state has a compelling interest in preventing criminal
street gang activity, and the Legislature finds that the provisions of this
act are necessary to maintain the public order and safety.
(3) It is the intent of the Legislature to eradicate the terror created
by criminal street gangs and their members by providing enhanced penalties
and by eliminating the patterns, profits, proceeds, instrumentalities, and
property facilitating criminal street gang activity, including criminal
street gang recruitment.
History. - s. 1, ch. 90-207; s. 74, ch. 94-209; s. 56, ch. 95-267; s. 35,
ch. 96-388.
Copyright @ 2007 loislaw.(:o/l], Inc. All Rights Reserved
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Florida Statutes - 874.Cl3 Definitions.
Page I of:2
Florida Statutes
.-J Florida Statutes
.-J TITLE XLVI CRIMES
.-J CHAPTER 874 STREET TERRORISM ENFORCEMENT AND PREVENTION
874.03 Definltions. -
I
f! ~-_~rL.:~
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"r-,:c iI-:-'. i na,~ s t_ r~~e -= q a. ITle:-:lbe::-.:- II
C~lml~a_ s-c~ee~ garg 3S jefi~ed
f the :~~lcwlnc =~ltEria:
~--: I~lers
membeI
f ::.,
mee~_.::: ~
a _~rir:L-=-- t 5 -
lI~l~a~ s~ree~ ga~g ~embership.
(b Is i0en~i~ied 65 2 ,:riminal str et gang ~ember ny a Darent
:jcarCll,'lL.
e)- _oentlfied as _ :~i~ln31 street ~a~a member
rel~able i~fQrma~t.
a d8ccrnen-;::ed
(d, Res~d8s in GI f~eque~ts a parti2Jlar cri~i~al street ga~g's 5rea br:~
adc)p"'=-s thei::- s-:= e cf dyess, tr~eir '-15e :::)f hanG 5i.:j~s, c)r t:--~eir -:'ci=-:':::,8S, a:-iC:
2ssccia~:'2S
J',i ,'~) ',,\' l i
. - " '
=~l~,lra~ s~~ee~ 0a~a TEDDers.
e) _5 ide~ti~ied as a c~im~nal stree~ gang member by ar i~for~an~ ~~
prev~ousl~ Jn~ested rel~abll~tj and suet iden~if~cation is eor~oborated t;
i:l f c rrrld i~
f) rlas en a~rested more than once In ~he com~any elf ~.derltlfieci
=rl~lna~ ~"rp - gang membe~s fer ffenses wti=~ are 28Gsistent itt l15~~a_
:~2.x~n0~ ~~~~ ~ ~an
CiC-:tl ~~,.
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Florida Statutes - 874.03 Definitions. _
Page 2 of 2
1. Admits to criminal street gang association; or
2. Meets any single defining criterion for crlminal street gang
membership described In subsection (2).
(~.. "
,~I
"Gang-related incident" meaLS an
any of the following conditions:
lncldent
that,
upon investigation,
meets
1. The partlcipants are identifled as criminal street gang members or
crimlnal street gang associates, acting, individually or collectively, to
further any criminal purpose of the gang;
2. A reliable informant identifies an incident as criminal street gang
activlty; or
3. An informant of previously untested reliability identifies an incident
as crimlnal street gang activity and it is corroborated by independent
information.
History. - s. 1, ch. 90-207; s. 75, ch. 94-209; s. 36, ch. 96-388.
Copyright cg 2007 LQls,law.c_Qill, Inc. All Rights Reserved
httn'i/lni<dRw rnm/nn,,/trnnrvipw htn?]rw::1l1tn=Tr A T TTnRrnnrkpv=117Q; 1 QhrmFT rnnF
; /7 n007
Florida Statutes - 874,04 Criminal street gang activity: enhanced penalties. --
Page 1 of 1
Florida Statutes
~ Florida Statutes
~ TITLE XLVI CRIMES
.-J CHAPTER 874 STREET TERRORISM ENFORCEMENT AND PREVENTION
874.04 Crimlnal street gang actlvlty; enhanced penaltles. -
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For pC~Dcses f sentencirlg Joder chapte~ 921 3rlb detersi~~ng ~~cen~~ve
gain-:ime e:l_ity under chapter 944, such ~elony of~ense is ranked ~~
prc\]ijed -=-L _ s. 9~L_Q_Q_~_:;?, ar.d ~-:hotJ.t regard tc _he pe!1l~_lt
enh~r~ceffie~t l~ this s~bsectj"or. Fer purposes f "_h s section, pe~al~~'
~;nhar:.l=errLerLt a:rects the i.~-=able st3t1j1,_ r'/ ~~a:':":lL',J.:-:'t y -':,-1,;
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History.
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Florida Statutes - 874.05 Causing, encouraging, soliciting, or recruiting criminal street ga... Page 1 of 1
Florida Statutes
....:J Florida Statutes
....:J TITLE XLVI CRIMES
....:J CHAPTER 874 STREET TERRORISM ENFORCEMENT AND PREVENTION
874.05 Causing, encouraging, soliciting, or recruiting criminal street gang
membership. -
(1) A person who intentionally 2auses, en2ourages, soli2its, or recruits
another person to join a criminal street gang that requires as a condition
of membership or continued membership the corrunlssion of any crime commits a
felony of the third degree, punishable as provided in s. 77S.QJ:-;2, s.
:t':-; I or s.
(2) Upon a second or subsequent offense, the person corrunits a felony of
the second degree, punishable as provided in s. 775,Q82, s. 7?:i....1l83, or s.
7:rS.Q84.
History. - s. 38, ch. 96-388.
Copyright @ 2007 L.Qi~L<!\N~com, Inc. All Rights Reserved
httn://loislaw_com/nns/tcoocvipw htn?lna:llltn=TI' A T ITnRrnlll"'k-P\T= 1 170') 1 OSU/'1)PT I'rH")P
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Florida Statutes - 874.06 Civil cause of action. -
Page] of 1
Florida Statutes
.-J Florida Statutes
.-J TITLE XLVI CRIMES
.-J CHAPTER 874 STREET TERRORISM ENFORCEMENT AND PREVENTION
874.06 Clvll cause of action.
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Florida Statutes - 874.08 Profits, proceeds, and instrumentalities of criminal street gangs... Page 1 of 1
Florida Statutes
~ Florida Statutes
.~ TITLE XLVI CRIMES
~ CHAPTER 874 STREET TERRORISM ENFORCEMENT AND PREVENTION
874.08 Profits, proceeds, and instrumentalities of criminal street gangs or
criminal street gang recruitment; forfeiture. _
All profits, proceeds, and instrumectalities of criminal street gang
activity and all property used or intended or attempted to be used to
facilitate the criminal activity of any criminal street gang or of any
criminal street gang member; and all profits, proceeds, and
instrumentalities of criminal street gang recruitment and all property
used or intended or attempted to be used to facilitate criminal street
gang recruitment are subject to seizure and forfeiture under the Florida
Contraband Forfeiture Act, s. ~~~.701.
History. - s. 1, ch. 90-207; s. 77, cli. 94-209; s. 55, ch. 95-267; s. 40,
ch. 96-388.
Copyright @ 2007 LQj~~Lw .com, Inc. All Rights Reserved
http://loislaw.com/pns/tcdocview.htp?logauto=TCA UTO&dockey= 11 792200(Q)FLCODE
2/7 /2007
Florida Statutes - 874.09 Crime data information. -
Florida Statutes
.-:J Florida Statutes
.-:J TITLE XLVI CRIMES
.-:J CHAPTER 874 STREET TERRORISM ENFORCEMENT AND PREVENTION
874.09 Crime data ~nformat~on.
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Page 1 of 1
2:7/1007
Chapter 10.12 OFFENSES AGAINST PUBLIC PEACE
Page 1 of2
A It shall be unlawful for any person:
1. To loiter in or near any street or public place in a manner and under circumstances manifesting
the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution.
Among the circumstances which may be considered in determining whether such purpose is
manifested are that the person repeatedly beckons to, stops or attempts to stop, or engages in
conversation with, passersby, or repeatedly stops or attempts to stop motor vehicle operators by
hailing them or gesturing to them. The violator's conduct, behavior and demeanor must be such
as to demonstrate a specific intent to induce, entice, solicit or procure another to commit an act of
prostitution;
2 To loiter in or near any street or public place in a manner and under circumstances manifesting
the purpose to engage in a drug-related activity contrary to any of the provisions of Chapter 481
of the Texas Health and Safety Code. Among the circumstances which may be considered in
determining whether such purpose is manifested are:
a. Such person behaves in such a manner as to raise a reasonable suspicion that he or she is
about to engage in or is then engaged in an unlawful drug-related activity, including by way of
example only, such person is acting as a "look out,"
b. Such person is physically identified by the officer as a member of a "gang," or association
which has as its purpose illegal drug-related activity,
c. Such person transfers small objects or packages for currency in a furtive fashion,
d. Such person takes flight upon the appearance of a police officer,
e. Such person manifestly endeavors to conceal himself or herself and any object which
reasonably could be involved in an unlawful drug-related activity,
f. The area involved is by public repute known to be an area of unlawful drug use and trafficking,
g. The premises involved are known to have been reported to law enforcement as a place
suspected of drug activity.
The violator's conduct, behavior and demeanor must be such as to demonstrate a specific intent
to engage in drug-related activity contrary to the provisions of Chapter 481 of the Texas Health
and Safety Code.
Within six months after the passage of this section, the mayor and the police legislative review
committee shall review this section and make recommendations to the city council concerning the
effectiveness of and the continuing need for the section. Additionally, the city council will continue
to study, evaluate and periodically update this section, as is necessary.
B. Definitions:
1. "Public place" is an area generally visible to public view and includes streets, sidewalks,
bridges, alleys, plazas, parks, driveways, parking lots, and buildings open to the general public
including those which serve food or drink, or provide entertainment, and the doorways and
entrances to buildings or dwellings and the grounds enclosing them. The term "street" includes
the legal right-of-way, including, but not limited to, the traffic lanes, curb, sidewalk, whether paved
or unpaved, parkway and any grass plots or other grounds found within the legal right-of-way of a
street
2. "Loiter" means to remain, linger, idle to continue and to stay unnecessarily upon the streets in
conjunction with the acts prohibited by subsection A of this section.
C. Construction.
1. Severability is intended throughout and within the provisions of the loitering ordinance. If any
provision, including inter alia any subsection, part, phrase, term, or word, or the application
thereof to any person or circumstance is held invalid or unconstitutional by valid judgement or
decree of a court of competent jurisdiction, such holding shall not affect the validity of the
remaining portions of this section, and such remaining portions shall remain in full force and
effect
2. It is intended that the loitering ordinance be held inapplicable in such cases, if any, where its
application would be unconstitutional. A constitutional construction is intended and shall be given.
The city council does not intend to violate the Constitution of the state or the Constitution of the
United States of America, and does not intend an interpretation of this section or an application
thereof which is absurd, impossible or unreasonable. (Ord 1 0929 ~~ 1, 2, 1992; Ord. 1 0878 ~ 1,
1992: prior code ~ 15-13)
10.12.040 Loitering on school grounds.
No person shall loiter or loaf upon any public school grounds, or inside any building on such
grounds, while such school is not in session; provided, however, this section not prohibit the
http://w\vw.ordIink.com/codes/elpaso/_DATA/TITLE 1 0/Chapter__1 0_12_ OFFENSES_AG... 2/14/2007
Chapter 10.12 OFFEl\SES AGAINST PUBLIC PEACE
Pag.e :2 of .2
lawful assembly of any group of persons upon the public school grounds or inside the buildings
on such school grounds. when permission therefor shall have been granted by the school
authorities; nor shall this section prohibit gatherings upon such grounds or within such buildings
in connection with school or other functions held on such grounds or within such buildings. (Prior
code 8 15-14)
http://v.w\v.ordlink.com/codes/elpaso/ DA TA/TJTLE 1 O/Chapter 10 12 OFFENSES AG".
14/2007
IX.-CITY MANAGER'S
REPORT
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 5, 2006 November 20,2006 (Noon.) 0
0 January 2, 2007 December 18,2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon)
0 January 16,2007 January 2, 2007 (Noon) [gJ March 20, 2007 March 5, 2007 (Noon)
0 February 13,2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon)
0 Announcements/Presentations [gJ 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
RECOMMENDATION:
legislature.
Review of anticipated property tax or revenue restrictions imposed by the state
EXPLANATION: There is current discussion in Tallahassee that may result in reduction of property tax revenues via
rollback to 2001 levels, adjustment of homestead exemptions from the current rate of$25,000 to a higher level, portability of
the "SAVE OUR HOMES" exemption and replacement revenues for some of the loss from a 2.5% increase in sales tax that is
supposed to replace the balance of the property tax. However, the replacement revenue would not provide funds above a roll
back rate. The most detailed proposal is from the Florida House of Representatives that contains a rollback to 2001 tax rate
levels or a revenue loss to the City of approximately $12.5 to $12.8M. As of Wednesday, March 14th this proposal was put
on hold. An emerging proposal from the Florida Senate could also roll back taxes to an earlier year. Both chambers appear
to agree that the property assessment practices in the state need to be changed and move away from "highest and best use" to
"current use." Such a change would have an undetermined impact on the City through a reduction in the overall value of
property in the City. Until a new formula is applied to all property the exact nature of the cut is unknown. One possible idea
is the concept of a "smoothing process" for assessed values. Under this scenario, property values would not be based on an
annual value but rather the average over a five to seven year period. This would have the impact of reducing the overall
assessed value of property because even a recent sale of the property would be reflected as one year of the smoothed assessed
value. This technique may meet the intended purpose of "portability" in that a property's smoothed valuation would continue
after a sale. While the sale price of the property would be reflected in the value, it would be one year of the five or seven year
smoothing factor. This principal is the same as used in pension funds to help stabilize costs in volatile market conditions.
The new property owner would have the benefit of a more graduated rate in their assessed value rather than "re-setting" the
value based on the purchase price solely.
PROGRAM IMPACT: Currently, public safety services (police and fire) consume over 100% of our current property tax
revenues. Therefore, a reduction of property tax revenue to the magnitude of the House Property Tax Proposal would reduce
public safety services to our citizens. Revenue reductions of this magnitude will result in program elimination and service
reductions. The proposals will also affect availability of funds for collective bargaining agreements pending (Blue Collar and
Police). The House proposal has a local extra-ordinary override procedure to approve a tax rate higher than allowed. This
must be done each year the tax rate exceeds the allowable roll back rate.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
/(((
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMP ACT: (Include Account Number where funds will come from) - see above
ALTERNATIVES: Authorize the City staff to communicate the following basic suggestions to our legislative delegation:
1. Base future property tax legislation on the 2007 base and not on a rollback formula, as this will adversely affect delivery
of City services. Such legislation can provide a cap methodology that requires extra-ordinary votes to go above the cap. The
annual cap should be adjusted based on a logical formula, not just the CPI.
2. Provide a two-year phase-in ofthe increase in the homestead exemption from $25,000 to $50,000. This year the
exemption would be to $37,500 and the second year to $50,000. The financial impact on Boynton Beach would be a revenue
loss of$3.1M. It would be painful, but we could address this over a two-year period, if needed. This would be about $1.6M
in cuts for each of the next two years.
3. Endorse legislation for changing the assessment practice from "highest and best use" to current use. While this will
have an undetetmined negative impact on the City's assessed value\, the current practice of basing property values on
speculation of what a property would be worth if it were developed is unfair and should be changed.
4. Resist the concept of sales tax increases to serve as replacement revenue. This is a revenue stream that is impacted by
the economy. In addition, such replacement revenue could be subject to annual appropriation by the legislature and therefore
not guaranteed. This year, the state budget shortfall is approximately $1 Billion due to a drop in sales tax revenues and
reduction of document stamp revenues because a very slow real estate market. Increasing the sales tax by 2.5% merely adds
to an already regressive tax that impacts lower income families' more than upper income families.
5. Work with others to support a possible change in how property values are assessed over time. Whether this is a
smoothing approach as outlined above or a different process or protection to non-homestead exempted parcels.
6. Leave the "Save our Homes" but perhaps allow deployment of smoothing of property values to help those who choose
to upgrade or downsize their principal place of residence. This could have the impact of a built-in portability mechanism.
~C. M ~S' latnre
Ity anager sIgna
~
Department Head's Signature
Assistant to City Manager
City Attorney / Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
THE CITY OF BOYNTON BEACH
OFFICE OF THE CITY MANAGER
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
City Manager's Office: (561) 742-6010
FAX: (561) 742-6011
e-mail: city.manager@ci.boynton-beach.fl.us
www.ci.boynton-beach.fl.us
To:
Hon. Adam Hasner
Deputy Majority Leader
Florida House of Representatives District 87
Hon. Mary Brandenburg
Florida House of Representatives District 89
From:
Kurt Bressner, City Manager
Date:
March 7, 2007
Subject:
Property Tax Reform
Thank you both for meeting with us today to discuss the property tax situation.
I am providing this supplemental information to you because you both serve on the House Policy
and Budget Council. We understand that the Council will be considering the House Property Tax
Proposal on March 9th.
I went back to verify the figures I gave you at our meeting and can confirm that property tax does
indeed constitute 53% ofthe total revenues in our General Fund. This is the fund that property taxes
are collected and spent for governmental services. The following is a small table showing the past
three years of property tax revenue compared to total property tax revenue. I don't think that
Boynton Beach is atypical of other municipalities:
2004-05
2005-06
2006-07
Property Tax
Total General Operating Revenue
% of Total Revenue as Prop Tax
$26,125,055
$59,092,636
44%
$30,570,456
$62,422,843
49%
$38,304,337
$72,340,414
53%
In our case, we use property tax to help pay for public safety costs (police and fire services). For the
past seven years on the next page is what we have spent on police and fire services:
Boynton Beach Public Safety Cost
Boynton Beach Public Safety Cost
Boynton Beach Public Safety Cost
Boynton Beach Public Safety Cost
Boynton Beach Public Safety Cost
Boynton Beach Public Safety Cost
Boynton Beach Public Safety Cost
Year
2000-01
2001-02
2002-03
2003-04
2004-05
2005-06
2006-07
Amou nt
$23,025,184
$24,594,903
$27,789,538
$28,383,226
$31,104,434
$35,599,803
$40,305,048
% over Prior
Yr.
6.8%
13.0%
2.1%
9.6%
14.5%
13.2%
To meet our service levels over the past seven years we have hired 24 new fire personnel and 20 new
police officers. This was in response to the needs of a growing community and our desire as a City
to achieve a 4-minute response time for fue-rescue calls. This is an improvement from an 8-minute
response time in 2000. I also note that public safety expenditures for the City of Boynton Beach,
exceed our property tax revenues in each of the past seven years.
Based on our initial calculations for the House Property Tax proposal with the rollback to 2000, the
revenue loss that would need to be made up with alternative revenue sources or service cuts will be:
City of Boynton Beach: $10,473,009
Boynton Beach CRA: $ 1,870,749
Total
$12,342,758
According to our understanding ofthe House Property Tax Proposal, the City's current Millage rate
of 7.100 would be rolled back to 4.8090.
I should note that in 2001, the City's property tax rate, exclusive of debt service was 7.8160. In
2006, that rate is 7.100. A history of the Boynton Beach rates are as follows:
Year General Rate Debt Service Total Rate
2001 7.8160 0.4413 8.2273
2002 7.6000 0.3950 7.9950
2003 7.5000 0.3804 7.8804
2004 7.5000 0.1800 7.6800
2005 7.5000 0.1300 7.6300
2006 (Current) 7.1000 0.0400 7.1400
In addition, personally as a homestead exempted property owner living in the City of Boynton
Beach, I am paying less in property taxes to the City of Boynton Beach in 2006 than I was in 2001.
This is in real dollars because the City of Boynton Beach, in the face if increased assessed values,
dropped the tax rate over the past six years. This is a real example.
Many other units of local government have also reduced their tax rates as assessed values in their
jurisdictions increased.
2
Respectfully, We request that you consider the following ideas to property tax reform with the idea
that a number of concurrent strategies are needed:
1. Amend the state statute to require property assessments to be based on current use rather
than "highest and best use."
2. As an alternative to the way "Save our Homes" is administered, consider a methodology
change that would provide for five or seven year "smoothing" of assessment levels. This is
commonly used in pension plans to handle wide swings in investment earnings and losses.
In effect, a smoothing methodology would allow portability in that the value of a house even
after a purchase would be based on a formula of the prior seven years.
3. Require that local authorities that approve a tax levy in excess ofa limitation amount, do so
by an extra-ordinary vote. This retains local authority to select and fund levels of service
deemed appropriate for a city or county.
4. If the Homestead Exemption is to be increased from the current $25,000 to $50,000, that this
be done over a two-year period, the first year to $37,500 and the second year to $50,000. The
actual projected revenue loss to the City with a change from $25,000 to $50,000 is about
$3.4 M. If necessary, we can make program and expenditure cuts of about $1. 7M each year.
We don't have all the answers, but we do feel that the property tax problem is a major issue that will
require creative thinking and hard work. We feel that the House Property Tax Proposal has a
number of positive elements that should be carefully evaluated and considered by the House Policy
and Budget Council in your hearings over the next few weeks. I would be pleased to discuss the
four suggestions in more detail as needed. These are ideas that we have to help address the
inequities in the current property tax system.
Cc: Mayor and City Commission
William Mummert, Finance Director
James Cherof, City Attorney
Wilfred Hawkins, Assistant City Manager
3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\'1
XI. - NEW BUSINESS
ITEM A.
R~quested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 [)cc~l1lber S, 2006 November 20,2006 (Noon) 0
0 January 2. 2007 December 18,2006 (Noon) 0 March 5, 2007 February] 2,2007 (Noon)
0 Januar\ 16,2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
0 h:hruan 13.2007 January 22. 2007 0 April 3, 2007 March 19, 2007 (Noon)
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
o Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
o City Manager's Report
o New Business
o Legal
o Unfinished Business
o
RECOMMENDATION: Discussion ofa Local Lobbyist Registration Ordinance. Direct the City Attorney to prepare a
lobbyist registration ordinance for the City of Boynton Beach.
EXPLANATION: Palm Beach County has in effect a Lobbyist Registration Ordinance that requires that the fullest
opportunity be afforded to the people to petition their County government for the redress of grievances and to express freely
to the elected officials their opinions on legislation and other actions and issues. Palm Beach County has deemed it necessary
that the identity and activities of certain persons who engage in efforts to influence Commissioners, Advisory Board members
and employees on matters within their official duties, be publicly and regularly disclosed.
PROGRAM IMPACT: Adopting an ordinance similar to the Palm Beach County ordinance (see Exhibit A) would require
lobbyists to submit completed registration forms to the City before engaging in lobbyist activities (see PBC Lobbyist
Registration Form attached as Exhibit B). A "Lobbyist" is defined by Palm Beach County as any person who is employed
and rtceives payment, or who contracts for economic consideration, for the purpose of Lobbying on behalf of a Principal.
"Lobbying" means seeking to influence the decision of any Commissioner, any Advisory Board member, or any employee
with respect to the passage, defeat or modification of any item which may foreseeably be presented for consideration to an
;\dvi~ory Board or City Commission (see Exhibit C - Information and Q&A's). Should the City of Boynton Beach decide to
adopt ~lIch an ordinance, local lobbyists would be identified and expected to adhere to a documented process and procedure.
FISCAL IMPACT: There are no costs associated with the Palm Beach County Lobbyist Registration Ordinance.
AL TERN A TIVES: Not to discuss a Local Lobbyist Registration Ordinance and not irect the City Attorney to prepare a
Lobbyist Registration Ordinance similar to the Palm Beach County Ordinance.
Department Head's Signature
City Manager's Signa re
Assistant to City Manager {)/k,(.-./
Department Name
City Attorney / Finance
S\llUIIITIN\IORMS\AGENDA ITEM REQUEST FORM. DOC
EXHIBIT A
THE PALM BEACH COUNTY LOBBYIST REGISTRATION ORDINANCE
2
3
ORDINANCE 2003-018 (effective July 1, 2003),
AS AMENDED BY ORDINANCE 2003-055 (effective November 25, 2003)
4
5
6
[Thefollowing represents a consolidation for reference purposes only of the two Ordinances cited
above. The ordinance titles, the recitals, and other non-substantive provisions have been removed
for the convenience of the reader. For exact text, please refer to the original Ordinances.}
7
Section 1. Title and Purpose.
8
A,
This Ordinance may be cited as the "Palm Beach County Lobbyist Registration Ordinance."
9
B.
The Board of County Commissioners of Palm Beach County hereby determines that the
10
operation of responsible government requires that the fullest opportunity be afforded to the people
II
to petition their County government for the redress of grievances and to express freely to the elected
12
officials their opinions on legislation and other actions and issues; that to preserve and maintain the
13
integrity of the governmental decision-making process, it is necessary that the identity and activities
14
of certain Persons who engage in efforts to influence County Commissioners, Advisory Board
15
members, and Employees on matters within their official duties, be publicly and regularly disclosed.
16
Section 2. Definitions.
17
A.
Unless expressly provided herein to the contrary, for purposes of this Ordinance, the
18
following definitions will apply:
19
1.
"Advisory Board" will mean any advisory or quasi-judicial board created by the
20
Board of County Commissioners.
21
2.
"Board" will mean the Board of County Commissioners of Palm Beach County,
22
Florida.
23
3.
"County Commissioner" will mean any member of the Board of County
24
Commissioners of Palm Beach County, Florida.
25
4.
"Employee" will mean all personnel employed by the Board of County
26
Commissioners.
27
5.
"Lobbying" shall mean seeking to influence the decision of any County
28
Commissioner, any Advisory Board member, or any Employee with respect to the passage, defeat
29
or modification of any item which may foreseeab1y be presented for consideration to the Advisory
30
Board or Board of County Commissioners as applicable.
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6. "Lobbyist" shall mean any Person who is employed and receives payment, or who
contracts for economic consideration, for the purpose of Lobbying on behalf of a Principal.
"Lobbyist" shall not include any Employee as defined by this ordinance when acting in the course
of his or her employment, any elected local official when the official is Lobbying on behalf of the
governmental agency which the official serves, or any member of the official's staff when such staff
member is Lobbying on an occasional basis on beha!fofthe governmental agency by which the staff
member is employed,
7.
"Person" shall mean individuals, firms, associations, joint ventures, partnerships,
estates, trusts, business trusts, syndicates, fiduciaries, corporations (profit or not-for-profit),
professional corporations, or associations, and all other groups or combinations however constituted.
8.
"Principal" shall mean the Person or entity a Lobbyist represents for the purpose of
12
Lobbying.
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Section 3. Rel!istration.
A.
Registration Req uired. All Lob byists shall register with County Administration before
20
engaging in Lobbying. Every Lobbyist shall submit a form prepared by County Administration and
shall state his or her name, address, the name and address of each Principal represented, the general
and specific areas oflegislative interest, and the nature and extent of any direct business association
or partnership with any current County Commissioner, Advisory Board member, or Employee. A
Lo bbyist's registration shall automatically expire on December 31 st of the year of registration. If at
any time during the year, a Lobbyist commences representing a Principal for which the Lobbyist has
not registered pursuant to this Ordinance, such Lobbyist shall register with respect to that Principal
prior to Lobbying. Lobbying prior to registration is prohibited,
21
22
23
B.
Registration Exceptions. Registration shall not be required for the following:
24
I.
County Commissioners, Advisory Board members or Employees discussing matters
25
relevant to their official duties;
2G
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29
30
2.
Persons under eentraet .. ith tHe Count)' who communicate with CQunty
Commissioners, Advisory Board members or Employees regarding issues related only to the
performance of their services under their contract;
3.
Any Person who lobbies only in his or her individual capacity for the purpose of self -
representation;
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4. Any Person who appears before the Board or Advisory Board in a quasi-judicial
proceeding.
C.
False Statements. A Lobbyist shall not knowingly make, or cause to be made, a false
statement or misrepresentation in maintaining registration or when Lobbying County Commissioners,
Advisory Board Members, or Employees.
Section 4. Record of Lobbvin\: Contacts.
A.
Contact Log. Except when appearing before the Board or any Advisory Board, all Persons
shall sign, for each instance of Lobbying, contact logs maintained and available in the office of
reception of each department of County government. The Person shall provide his or her name,
whether or not the Person is a Lobbyist as defined in this Ordinance, the name of each Principal, if
any, represented in the course of the particular contact, and the subject matter of the Lobbying
contact. All contact logs shall be transmitted to the County Administrator at the end of each calendar
quarter.
B.
Lobbying Outside of County Offices. In the event that a Lobbyist engages in Lobbying
which is outside of County offices, and which is a scheduled appointment initiated by any Person for
the purpose of Lobbying, the Lobbyist shall advise the Commissioner's office or Employee's
department office as appropriate of the calendar scheduling of an appointment and the subject matter
of the Lobbying contact.
Section 5. Cone of Silence.
A.
"Cone of Silence" means a prohibition on any communication, except for written
correspondence, regarding a particular Request for Proposal, Request for Qualification, bid, or any
other competitive solicitation between:
1.
Any Person or Person's representative seeking an award from such competitive
solicitation, and
2.
Any County Commissioner or Commissioner's staff, or any Employee authorized to
act Oil behalf of the Commission t" owarcl 0 poM;",,10r ""ntro"!
B.
For the purposes of this Section, a Person's representative shall include but not be limited
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to the Person's employee, partner, officer, director, consultant, Lobbyist, or any actual or potential
subcontractor or consultant of the Person.
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C. The Cone of Silence shall be in effect as of the deadline to submit the proposal, bid, or other
response to a competitive solicitation. Each Request for Proposal, Request for Qualification, bid,
or any other competitive solicitation shall provide notice of Cone of Silence requirements and refer
to this Ordinance.
D.
The provisions of this Ordinance shall not apply to oral communications at any public
proceeding, including pre-bid conferences, oral presentations before selection committees, contract
negotiations during any public meeting, presentations made to the Board, and protest hearings.
Further, the Cone of Silence shall not apply to contract negotiations between any Employee and the
intended awardee, any dispute resolution process following the filing of a protest between the Person
filing the protest and any Employee, or any written correspondence at any time with any Employee,
County Commissioner, or Advisory Board Member or selection committee member, unless
specifically prohibited by the applicable competitive solicitation process.
E.
The Cone of Silence shall not apply to any purchases made in an amount less than the
competitive bid threshold set forth in the Palm Beach County Purchasing Ordinance (Palm Beach
County Code Chapter 2, Article Ill, Division 2, Part A, Section 2.51, et seq.).
F.
The Cone of Silence shall terminate at the time the Board, or a County Department authorized
to act on behalf of the Board, awards or approves a contract, rejects all bids or responses, or
otherwise takes action which ends the solicitation process.
Section 6. Enforcement.
A.
If the County Administrator is informed of any Person engaged in Lobbying activities who
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24
25
26
has failed to comply with the requirements of this Ordinance, he or she shall conduct an investigation
as deemed necessary under the circumstances. In the event the County Administrator determines
that a violation has occurred based on the results of the investigation, the following enforcement
procedures shall apply.
B.
A notice of violation shall be transmitted to the Person indicating the nature of the violation
27
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29
and the penalty impo6lld. TAil Lgbb)~st shall Aa"e lip to thirty days after the date of the notice to seek
appeal of the penalty. In the event the Lobbyist fails to submit an appeal in writing to the County
Administrator within thirty days of the date of such notice, the violation shall be deemed final, and
the penalty imposed shall be effective immediately.
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C. Appeals of any decisions of the County Administrator shall be referred to a special master
for hearing.
I.
Creation and Appointment. Appeal hearings pursuant to this Ordinance shall be
12
conducted by designated special masters. Applications for special master positions shall be directed
to the County Administrator pursuant to a notice published in a newspaper of genera] circulation.
The County Administrator shall select a pool of candidates from applications filed on the basis of
experience and qualifications. The County Administrator shall appoint each special master to
conduct each hearing from the pool of candidates selected, as necessary. A special master shall be
a graduate of a law school accredited by the American Bar Association, and a current member in
good standing of The Florida Bar. The County Administrator shall give preference to those attorneys
who have prior experience in ajudiciary capacity, or as a hearing officer, mediator, or special master.
Special masters shall serve without compensation for their services, and shall not be considered
Employees. Travel reimbursement is limited to expenses incurred only for travel outside Palm Beach
County necessary to fulfill their responsibilities as a special master.
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2.
Conduct of Hearing. Hearings before the special master shall be conducted as
follows:
a.
Persons seeking appeal will receive written notice by certified mail of the
hearingno less than fifteen working days in advance of the hearing. The special master shall
render a decision on the appeal within fifteen working days after the case was heard.
b.
The special master shall provide Persons seeking appeal and any County
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representatives an opportunity to present testimony and evidence. All testimony shall be
under oath and shall be recorded. Forma] rules of evidence shall not apply, but fundamental
due process shall be observed and shall govern the proceedings. The special master, in his
or her discretion, may exclude irrelevant, immaterial, or unduly repetitious evidence, but all
other evidence ofa type commonly relied upon by reasonably prudent Persons in the conduct
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of th~ir affairs sball hp onmi<<ihlp, wh"th"T nr not <lI"h "vid"TIce would be admissible in a
27
trial in the courts of Florida. Any part of the evidence may be received in written form.
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c.
The decision of the special master is final and appealable by writ of certiorari
pursuant to the Florida Rules of Appellate Procedure.
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D. The validity of any action taken by the Board, the Advisory Boards, or any Employees, shall
not be affected by the failure of any Person to comply with the provisions of this Ordinance.
Section 7. Penalties.
A.
Violations of the Palm Beach County Lobbyist Registration Ordinance shall be punishable
as follows.
1.
Failure to properly register as required by Section 3 ofthis Ordinance shall be deemed
a single violation, punishable by a fine of two hundred fifty dollars ($250.00) per day for each day
an unregistered Lobbyist engages in Lobbying activity, in an amount not to exceed a total of two
thousand five hundred dollars ($2,500.00).
2.
Failure to properly provide Lobbying contact information as required by Section 4
of this Ordinance shall be punishable by a fine of two hundred fifty dollars ($250.00) for each
violation.
3.
Violations of the Cone of Silence set forth in Section 5 of this Ordinance shall be
punishable by a fine of two hundred fifty dollars ($250.00) for each violation.
4.
Any Person who knowingly makes or causes to be made a false statement or
misrepresentation in maintaining a Lobbyist registration shall be subject to a fine of two hundred fifty
dollars ($250.00) for each violation.
5.
Any Person who violates the provisions of this Ordinance more than once during a
twelve-month period shall be prohibited from Lobbying as follows: A second violation shall result
in a prohibition of one year; a third violation sh all result in a prohibition of two years.
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6.
The penalties provided in this section shall be exclusive penalties imposed for any
22
violation of the registration, contact log, and Cone of Silence requirements of this Ordinance. Failure
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2
3
or refusal of any Lobbyist to comply with any order of the County or special master shall be
punishable as provided by law, and shall otherwise be subject to such civil remedies as the County
may pursue, including injunctive relief.
* * *
Q ;\Publn~L'8A fl\lobbyist_ord_II-03. wpd
7
EXHIBIT B
Instructions: Fill out information requested and return completed form to the address
below. Attach additional names of principles or organizations ifnecessary. It is the
duty of each lobbyist to continually update and file this information.
Rel:istration automatically expires on December 31'1 of each year.
Name of Lobbyist:
Business Phone: ( )
Firm Name(if applicable)
Business Address (StreetlP.O. Box, City, Zip Code)
Description of nature and extent of any direct business association or partnership with any current
Palm Beach County Commissioner. Advisory Board member or County employee:
Principal (s) Represented
Name:
Name:
Address:
Address:
Legislative Interest of Principal
Legislative Interest of Principal
Additional Principals Should be Disclosed on Additional Pages
In compliance with Palm Beach County Ordinance 2003-018, I hereby submitthis registration
form, and state that the information contained herein is true and correct.
Signature of Registrant
Date of Registration
Return completedform(s} to:
Todd Bonlarron, Legislative Affairs Director
30] N. Olive Avenue, Suite] 101
West Palm Beach, FL 3340]
(56]) 355-345]
EXHIBIT C
Important Information Regarding Lobbyist Activities in Palm Beach County
If you are a paid lobbyist, attempting to influence the outcome of a matter that
would ultimately come before the Board of County Commissioners, you must
comply with the requirements of the Palm Beach County Lobbyist Registration
Ordinance. This Ordinance requires lobbyists to submit completed registration
forms to County Administration before engaging in lobbyist activities. Even if you
lobby only on an occasional basis, it is important that you familiarize yourself with
these lobbying regulations. At this site, you will find links to the Ordinance,
frequently asked questions, and answers, a Registration Form you may print, and
a Lobbyist Registry.
. Registration: Registration will now be through the County
Administrator's office.
. Contact Log: For each instance of Lobbying, all persons must
sign a contact log maintained in the reception office of each County
Depa rtment.
· Outside Appointment: In the event an outside appointment is
scheduled for the purpose of Lobbying outside County offices, it is
the responsibility of the lobbyist to advise the Commissioner's office
or the Employee's department office.
· Cone of Silence: The "Cone of Silence" means a prohibition on
any communication, except for written correspondence, regarding a
particular Request for Proposal, Request for Qualification, bid, or any
other competitive solicitation. The "Cone of Silence" is in effect from
the time/date of the deadline for submission of the proposal, bid or
other response to a competitive solicitation, until the time that the
Board or County Department authorized to act on behalf of the
Board, awards or approves a contract, rejects all bids or responses or
otherwise takes action which ends the solicitation process.
· Enforcement & Penalties: If the County Administrator is
informed of any person engaged in lobbying activities who has failed
to comply with this ordinance, an investigation will be conducted. If
the County Administrator has determined that a violation has
occurred based on the investigation, enforcement procedures as
outlined in the ordinance shall apply.
Frequently Asked Questions Regarding the New County Lobbying
Ordinance
Q. Who needs to reqister as a lobbyist?
A. "Lobbyist" shall mean any Person who is employed and receives payment, or
who contracts for economic consideration, for the purpose of Lobbying on behalf
of a Principal. "Lobbying" shall mean seeking to influence the decision of any
County Commissioner, any Advisory Board member, or any Employee with
respect to the passage, defeat or modification of any item which may foreseeably
be presented for consideration to the Advisory Board or Board of County
Commissioners as applicable.
Q. Who is not required to register as a lobbyist?
A. "Lobbyist" shall not include any Palm Beach County Employee when acting in
the course of his or her employment, any elected local official when the official is
Lobbying on behalf of the governmental agency which the official serves, or any
member of the official's staff when such staff member is Lobbying on an
occasional basis on behalf of the governmental agency by which the staff
member is employed.
Q. If I am an employee of a company, and am not employed primarily for the
purpose of lobbying, but as part of my job on occasion lobby County
Commissioners, Commissioner's staff, or County Employees, do I need to
register as a lobbyist?
A. Yes
Q. How long is my registration valid?
A. You must submit a new registration form at the start of each calendar year. In
addition, you must file a new registration form each time you are retained by a
new principal.
Q. Where do I go to reqister as a lobbyist?
A. Lobbyist registration forms should be turned into County Administration on the
11 th floor of the Governmental Center. Lobbyist registration forms are available
in County Administration or at County departments. You may also contact Cathy
Stewart, 355-4019, and one can be e-mailed or faxed to you. Registration forms
are available on the County's website: registration forms.
Q. What happens if I fail to register before engaging in lobbying activities?
A. Failure to properly register as required by Section 3 of this Ordinance shall be
deemed a single violation, punishable by a fine of two hundred fifty dollars
($250.00) per day for each day an unregistered Lobbyist engages in Lobbying
activity, in an amount not to exceed a total of two thousand five hundred dollars
($2,500.00).
Q. Who needs to sign the contact log?
A. Except when appearing before the Board or any Advisory Board, all Persons
shall sign, for each instance of Lobbying, contact logs maintained and available
In the office of reception of each department of County government.
Q. What do I need to do if I engage in lobbying activity outside of county offices?
A. In the event that a Lobbyist engages in Lobbying which is outside of County
offices, and which is a scheduled appointment initiated by any Person for the
purpose of Lobbying, the Lobbyist shall advise the Commissioner's office or
Employee's department office as appropriate of the calendar scheduling of an
appointment and the subject matter of the Lobbying contact.
Q. What is a "Cone of Silence?"
A. "Cone of Silence" means a prohibition on any communication, except for
written correspondence, regarding a particular Request for Proposal, Request for
Qualification, bid, or any other competitive solicitation between any Person or
Person's representative seeking an award from such competitive solicitation, and
any County Commissioner or Commissioner's staff, or any employee authorized
to act on behalf of the Commission to award a particular contract.
Q. When does the "Cone of Silence" begin?
A. The Cone of Silence shall be in effect as of the deadline to submit the
proposal, bid, or other response to a competitive solicitation.
Q. How may I communicate to a Commissioner during the imposed "Cone of
Silence?"
A. By written correspondence.
Q. Are there any other circumstances when I may communicate during the "Cone
of Silence?"
A. Oral communications at pre-bid conferences, oral presentations before
selection committees, contract negotiations during any public meeting, contract
negotiations between any Employee and the intended awardee, any dispute
resolution process following the filing of a protest between the person filing the
protest and any County employee, public presentations made to the Board, or
any written correspondence at any time with any Employee, County
Commissioner, or Advisory Board Member or selection committee member,
unless specifically prohibited by the applicable competitive solicitation process.
Q, When does the Cone of Silence End?
A. The Cone of Silence shall terminate at the time the Board, or a County
Department authorized to act on behalf of the Board, awards or approves a
contract, rejects all bids or responses, or otherwise takes action which ends the
solicitation process.
Q. What are the penalties for a violation of the "Cone of Silence?"
A. Violations of the Cone of Silence set forth in Section 5 of this Qrdinance shall
be punishable by a fine of two hundred fifty dollars ($250.00) for each violation.
Q. Is there an appeals process for contesting violations?
A. Yes, the Lobbyist shall have up to thirty days after the date of the violation
notice to seek appeal of the penalty. All appeals must be made in writing to the
County Administrator. Appeals of any decisions of the County Administrator shall
be referred to a special master for hearing.
Q. What are the penalties if I violate the provisions of this ordinance more than
one time?
A. Any Person who violates the provisions of this ordinance more than once
during a twelve-month period shall be prohibited from Lobbying as follows: A
second violation shall result in a prohibition of one year; a third violation shall
result in a prohibition of two years.
XI. - NEW BUSINESS
CITY OF BOYNTON BEACH ITEM B.
AGENDA ITEM REQUEST FORl\,,-
Requested City Commission Date Final Form Must be: Turned Requcsted City Commission Date Final Form Must be: Turned
Meetinl!- Dates in to City Clerk's Office MectiDl! Dates in to City Clerk's Office
0 December 5, 2006 November 20, 2006 (Noon.) 0 Febnwy 20, 2007 February 5, 2007 (Noon)
18I January 2, 2007 December 18, 2006 (Noon) 0 March 6, 2007 February 20, 2007 (Noon)
0 January 16, 2007 January 2.2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon)
0 February 6, 2007 January 16,2007 (Noon) 0 April 3, 2007 March 19,2007 (Noon)
0 AnnouncementsIPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 18I Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: First Reading: Adopt an Ordinance amending section 2-16 of the Code of Ordinances to add a
new sub-section (h) to provide for a uniform procedure for nominating and voting for the Chair and Vice-Chair of City
Boards.
EXPLANATION: The City Commission has determined that it is advantageous to have a uniform procedure for nominating
and voting for the Chair and Vice-Chair of City Boards. The new procedure will be as follows;
1.) The Mayor, or the Chairman of the Board conducting the appointment when required by law, shall request nominations.
2.) Once all members ofthe Commission or Board have had the opportunity to nominate individuals to fill the position, the
Mayor or Board Chair shall announce that nominations are closed.
3.) The Commission, or Board in such cases that the Board makes the appointment of Chair or Vice Chair, shall vote on the
state of nominees with each Commissioner or Board Member indicating the name of the person they wish to be appointed.
4.) Ifa nominee receives a majority of votes on the first ballot, that nominee shaU be appointed to the position.
5.) Ifno nominee receives a majority vote on the flTst ballot, a second ballot will be conducted. Each Commissioner or
Board Member will rank the nominees in Order of preference for appointment; the nominee with the highest preference
ranked" 1", the nominee with the second highest preference ranked "2", and so forth. The City Clerk shall tally the vote, and
the nominee with the lowest tally total will be appointed to the position.
6.) In the event of a tie on the second ballot, a third ballot will be conducted between the nominees with the two lowest tally
totals. The nominee that receives a majority of votes on the third ballot shall be appointed to the position.
PROGRAM IMPACT: This will create a uniform procedure for nominating and voting for the Chair and Vice Chair of all
City Boards with the exception of the Code Compliance Board.
FISCAL IMPACT: None
AL TERNA TIVES, Not approve the ordioance and cooUnue without a unifO'ifr~.
Department Head's Signature ~ Signature
C/1f(/
City Attorney
Assistant to City Manager
y
City Attorney / Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Name of Board Will Change result in City
Commission appointing chair
and vice chair.
Code Enforcement Board
No
Building Board of
Adjustment & Appeal Yes
Planning and Development
Board Yes
Education and Youth
Advisory Board Yes
Cemetery Board
Yes
Community Redevelopment
Board (CRA) Yes
Library Board
Yes
Recreation & Parks Yes
Senior Advisory
(Originally Advisory Board Yes
on the Elderly)
Golf Course Advisory
Yes
Community Relations
Yes
Arts Commission
Yes
Veteran's Advisory Board
Yes
1 ORDINANCE NO. 07-
2
3 AN ORDINANCE OF mE CITY OF BOYNTON BEACH,
4 FLORIDA, AMENDING SECI10N 2-16 OF THE CODE OF
5 ORDINANCES TO ADD A NEW SUB-SECTION (h) TO
6 PROVIDE FOR A UNIFORM PROCEDURE FOR
7 NOMINATING AND VOTING FOR THE CHAIR AND VICE
8 CHAIR OF CITY BOARDS; PROVIDING FOR CONFLICTS,
9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
10 DATE.
11
12 WHEREAS, the City Commission has determined that it is advantageous to have a
13 uniform procedure for nominating and voting for the chair and vice chair of City Boards.
14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
15 OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
16
17 being true and correct and are hereby made a specific part of this Ordinance upon adoption
18 hereof.
Section 2.
Section 2-16 of Chapter 2, "City Boards and
19
20 Commissions" is hereby amended to add a new Subsection (h) to read as
2 I follows:
22
h
The Chair and Vice Chair of all City boards shall be filled using
23 the following selection procedure. unless otherwise prescribed by law:
24 1. The Mayor, or the Chairman of the Board conducting the
25 appointment when required by law, shall request nominations.
26 2. Once all members of the Commission or Board have had the
27 opportunity to nominate individuals to fill the position, the
28 Mayor or Board Chair shall announce that nominations are
S:\CA\OTdinanceslcity board chair nomination and voting.doc
12/11/2006-Revised on fJTSt reading
wi additional revisions on second reading
closed.
2
3. The Commission, or Board in such cases that the Board makes
3
the appointment of Chair or Vice Chair, shall vote on the slate
4
of nominees with each Commissioner or Board Member
5
indicating the name ofthe person they wish to be appointed.
6
4. If a nominee receives a majority of votes on the first ballot, that
7
nominee shall be appointed to the position.
8
5. If no nominee receives a majority vote on the first ballot, a
9
second ballot will be conducted. Each Commissioner or Board
10
Member will rank the nominees in order of preference for
11
appointment; the nominee with highest preference ranked "1,"
12
the nominee with second highest preference ranked "2," and so
13
forth. The City Clerk shall tally the vote, and the nominee with
14
the lowest tally total will be appointed to the position.
15
6. In the event of a tie on the second ballot, a third ballot will be
16
conducted between the nominees with the two lowest tally
17
totals. The nominee that receives a majority of votes on the third
18
ballot shall be appointed to the position.
19
Section 3.
Each and every other provision of the Code of Ordinances not herein
20 specifically amended, shall remain in ful1 force and effect as originally adopted.
21
Section 4.
All laws and ordinances applying to the City of Boynton Beach in
22 conflict with any provisions of this ordinance are hereby repealed.
23
Section 5.
Should any section or provision of this Ordinance or any portion
S:\CA\Qrdinances\city board chair nomination and voting.doc
12Illl2006-Revised on first reading
wI additional revisions on second reading
thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
2 affect the remainder of this Ordinance.
3
Section 6.
Authority is hereby given to codify this Ordinance.
4
Section 7.
This Ordinance shall become effective immediately.
5
6
7
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FIRST READING this _ day of
,2007.
SECOND, FINAL READING AND PASSAGE this _ day of
,2007.
ATTEST:
City Clerk
(Corporate Seal)
S:\CA \Ordinanceslcity board chair nomination and voting.doc
12Illl2006-Revised on first reading
wI additional ~visions on second reading
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Robert Ensler
Commissioner - Mack McCray
Commissioner - Jose Rodriguez
Commissioner - Carl McKoy
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 2, 2007
3. Proposed Ordinance No. 07-003 RE: Amending
Section 2-16 of the Code of Ordinances to add a new sub-section (h) to
provide for a uniform procedure for nominating and voting for the Chair and
Vice Chair of City boards.
Attorney Cherof read Proposed Ordinance No. 07-003 by title only.
Mayor Taylor passed the gavel to Commissioner McKoy.
Motion
Mayor Taylor moved to approve Proposed Ordinance No. 07-003. Commissioner Rodriguez
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 2-2. Attorney Cherof declared the motion failed.
4. Proposed Ordinance No. 07-004 RE: Amending
section 2-16 of the Code of Ordinances to add a new sub-section (i) to
modify the commencement of terms for Board Appointees from April to
November to coincide with the City election sequence.
Attorney Cherof read Proposed Ordinance No. 07-004 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 07-004. Commissioner McKoy
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 4-0.
D. Resolutions:
None
E. Other:
1. Closed-door Executive Session to discuss pending litigation in the following
case:
Boynton Beach Alliance; and Desiderio Corp., a FL corporation; Ewell
L. Miller, individually and Sir Electric, Inc., a FL corporation vs. The
City of Boynton Beach - Case No. CA 02-01704 AN (Tabled to
January 2, 2007)
Attorney Cherof announced the request for a closed-door executive session and read the caption
of the case to be discussed. In attendance would be the Mayor, Commission, City Manager and
City Attorney.
15
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XII. - LEGAL
DEVELOPMENT
ITEM A.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
D December 5, 2006
D January 2, 2007
D January 16,2007
D February 6, 2007
November 20,2006 (Noon.) D February 13,2007
December 18,2006 (Noon) D March 5, 2007
January 2, 2007 (Noon) r81 March 20, 2007
January 16,2007 (Noon) D April 3, 2007
February 5, 2007 (Noon)
--J
n
.:') --I
:~-<
February 20, 2007 (N~6I'\)
~
March 5, 2007 (Noon) :";',A
::-0
I
March 19,2007 (Noono,
--...0
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-m
1'10
-,)-(
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Unfinished Business
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N
CO
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C"">::>
1""1(")
::x:
NATURE OF
AGENDA ITEM
D
D
D
D
D
Announcements/Presentations
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
D
D
r81
D
D
City Manager's Report
New Business
-0
=z
RECOMMENDATION: Please place this request on the March 20,2007 City Commission Agenda under Legal,
Ordinance-Second Reading. The City Commission on March 5,2007, approved this request under Public Hearing and Legal,
Ordinance-First Reading. For additional information, please see attached staff memorandum and the draft ordinance.
EXPLANATION: This item is referred to as the Proportionate Fair-Share Mitigation Program (CDRV 07-001), which
amends the Land Development Regulations, Chapter 1.5, "Planning and Development Generally", by adding Article VIII,
"Proportionate Fair-Share Mitigation of Transportation Impact", to allow for proportionate share contributions from
developers toward traffic concurrency requirements by contributing their share of the cost of improving the impacted
transportation facility. The ordinance also amends Sections 6, 8, and 9 of Article VI, "Concurrency Requirement", to
establish a system to monitor level of service on local roads. In 2005, the Florida State Legislature adopted amendments to the
state growth management program which directed all local governments to adopt a methodology for assessing proportionate
fair-share mitigation options. The methodology contained in the proposed ordinance was subsequently developed by the
Florida Department of Transportation and allows for calculation of the proportionate fair-share mitigation, which can include
private funds, contributions of land, and construction and contribution of facilities. A local government may not require
developers to pay more than the proportionate fair-share contribution. Moreover, the Proportionate Fair-Share Mitigation
Program is only applicable if transportation facilities or facility segments identified as mitigation for traffic impacts are
specifically identified for funding in the 5-year schedule of capital improvements in the capital improvements element of the
Comprehensive Plan.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES.
i<<"\.i.'~ 1
City Manager's Signature
Assistant to City Manager ~
Devel
~ ~ ~
/L_, (' / " ,
. Planning an~ ' irector City Attorney / Finance
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 07-001 Proportional Fairshare Mitigation\Agenda 1tem Request Proportionate fair-share
mitigat.CDRV 07-001 3,20-07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 07 - [)O?,
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AMENDING CHAPTER 1.5, ARTICLE VI OF THE CITY'S LAND
5 DEVELOPMENT REGULATIONS, ENTITLED "CONCURRENCY
6 REQUIREMENTS"; AMENDING SECTION 6, ENTITLED "PUBLIC
7 FACILITIES SHALL BE AVAILABLE FOR DEVELOPMENT
8 PROJECTS CONSISTENT WITH ADOPTED LEVELS OF SERVICE";
9 AMENDING SECTION 8, ENTITLED "ARTICLES OF
10 ADMINISTRATION"; AMENDING SECTION 9, ENTITLED
11 "PROCEDURES FOR CERTIFICATION OR CONDITIONAL
12 CERTIFICATION OF CONCURRENCY"; PROVIDING AUTHORITY
13 TO REVIEW CONCURRENCY STANDARDS; CREATING ARTICLE
14 VIII, TO PROVIDE FOR THE ENACTMENT OF A PROPORTIONATE
15 FAIR-SHARE MITIGATION ORDINANCE; PROVIDING FOR
16 CODIFICATION, CONFLICTS, SEVERABILITY AND PROVIDING
17 FOR AN EFFECTIVE DATE.
18
19 WHEREAS, Palm Beach County is responsible for maintaining the concurrency
20 standards on county and state roads located within the City of Boynton Beach (hereinafter
21 referred to as the "City"); and
22 WHEREAS, the City Commission deems it to be in the best interests of the citizens
23 and residents of the City for the City's administrative staff to maintain concurrency
24 standards on the City roads located within its jurisdiction; and
25 WHEREAS, the 2005 Florida State Legislature adopted amendments to the state
26 growth management program which directed local govemments to comply with a
27 requirement that "proportionate share contributions" be accepted from developers in
28 satisfaction of statewide transportation concurrency requirements; and
29 WHEREAS, pursuant to Section 163.3180, Florida Statutes, the City is required to
30 enact an ordinance to provide that the City accept proportionate share contributions from
CODING:
Words in stril~o through type are deletions from existing law;
Words in underlined type are additions.
Page 1 of 11
S:\CA\Ordinanccs\2007 (Prop Share Ordinance) ] ,19-07 doc
1 developers in order to satisfy statewide transportation concurrency requirements; and
2 WHEREAS, the City Commission deems it to be in the best interests of the health,
3 safety and welfare of the citizens and residents of the City to create Article VIII in Chapter
4 1.5 of the City's Land Development Regulations as provided herein.
5
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
6 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
7
Section 1.
The foregoing "WHEREAS" clauses are hereby ratified and
8 confirmed as being true and correct, and are hereby incorporated herein and made a part
9 hereof.
10
Section 6 of Article VI of the City of Boynton Beach land
Section 2.
11 Development Regulations, entitled "Public facilities shall be available for development
12 projects consistent with adopted levels of service", is hereby amended as follows:
13 Section. 6. Public facilities shall be available for development
14 consistent ,vith adopted levels of service
15
projects
16
17
18
19
20
21
22
23
24
25
C. For roads that are the responsibility of Palm Beach County or the Florida
Department of Transportation (FDOT), the requirements set forth in subsection
(a) above shall be satisfied if the development order or permit complies with the
Palm Beach County Traffic Performances Standards Ordinance. In the event
that the Palm Beach County Traffic Performance Standards Ordinance is
repealed, the conditions which apply shall be those which were set forth in the
most recent Palm Beach County Traffic Performance Standards Ordinance
which was in effect in the City, except that any levels of service for particular
roadway links which are adopted in the city's comprehensive plan shall apply to
those links.
CODING:
Words in strike through type are deletions from existing law;
Words in underlined type are additions.
Page 2 of 11
S :\CA \Ordinances\2007 (Prop Share Ordinance) 1-19-07 .doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
D. For a roadway facility that is not the responsibility of Palm Beach
County or the Florida Department of Transportation (FDOT) and which is
subiect to the Proportionate Fair-Share Agreement pursuant to Chapter 1.5,
Article VIII of the City's Land Development Regulations. the timing of
improvements set as a condition of development approval is determined by the
five-year capital improvement schedule in the Capital Improvement Element of
the Comprehensive Plan, or otherwise established by said Agreement.
:g..,.~ In determining whether public facilities are available consistent with
the requirements of this section and Section 5, the demand for such public
facilities which would be created by other development orders and pern1its
which are exempt, or for which certification of concurrency or conditional
certification of concurrency has been issued shall be taken into account.
15
Section 3.
Section 8 of Article VI of the City of Boynton Beach Land
16
Development Regulations, entitled "Articles of Administration", is hereby amended as
17
follows:
18
19
Section 8. Articles of Administration
20
21
22
23
24
25
26
27
F. The City Engineer shall review all applications for development orders
and permits for compliance \vith the requirements of Section 5, for the purpose
of determining whether the adopted levels of service for roadways within the
City which are not the responsibility of Palm Beach County or the Florida
Department of transportation would be maintained.
Section 4.
Section 9 of Article VI of the City of Boynton Beach Land
28
Development Regulations, entitled "Procedures for certification or conditional certification
29
of concurrency", is hereby amended as follows:
30
31
32
33
34
Section. 9 Procedures for certification or conditional certification of
concurrency
C. Review to determine adequacy of public facilities.
CODING:
Words in strike tlrrough type are deletions from existing law;
Words in underlined type are additions.
Page 3 of 11
s: \CA\Ordinances'2007 (Prop Share Ordinance) 1-19-07 .doc
1
2
2. Rules of general applicability.
3
4
5
d. Categories of development orders and permits for which concurrency may be
certified or conditionally certified.
6
7
8
9
10
11
12
13
Roads. Certification of concurrency or conditional certification for road
facilities shall be issued only for "A" category development orders and permits,
as defined in Section 4.
Section 5.
Chapter 1.5, Article VIII of the City of Boynton Beach Land
14
Development Code, entitled "Proportionate fair-share mitigation of transportation impact",
15
is hereby created as follows:
16
Article VIII. Proportionate Fair Share Mitigation of Transportation Impact
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Section 1. Purpose and Intent. The purpose of this section is to establish
a method whereby the impacts of development on transportation
facilities can be mitigated by the cooperative efforts of the public and
private sectors, to be known as the Proportionate Fair-Share Program, as
required by and in a manner consistent with ~163.3180(16), F.S., as
amended from time to time.
Section 2. Applicability. The Proportionate Fair-Share Program
shall apply to all developments that fail to meet the standards of this
division on a roadway within the City that is not the responsibility of
Palm Beach County or the Florida Department of Transportation
(FDOT). The Proportionate Fair-Share Program does not apply to
Developments of Regional Impact (DRIs) using proportionate fair-share
under ~ 163.3180(12), F.S., proiects exempted from this division, or for
proiects that received traffic concurrency approval prior to January L
2007.
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Section 3. General Requirements. An applicant may choose to satisfy
the transportation concurrency requirements by making a proportionate
fair-share contribution. so long as each of the following requirements
are met:
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1. The proposed development is consistent with the
comprehensive plan and applicable land development
regulations.
2. The road improvement necessary to maintain the LOS for
transportation is identified in the five-year schedule of capital
improvements in the Capital Improvement Element of the
Comprehensive Plan.
3. Any improvement project proposed to meet the developer's
fair-share obligation shall meet the City's design standards for
locally maintained roadways.
4. Intergovernmental Coordination Pursuant to policies in the
Intergovernmental Coordination Element of the Comprehensive
Plan, the City shall coordinate with Palm Beach County and other
affected jurisdictions such as FDOT, regarding mitigation to
impacted facilities not under the jurisdiction of the local
government receiving the application for proportionate fair-share
mitigation.
Section 4.
Application Process
1. In the event of a lack of capacity, the applicant shall have the
opportunity to satisfy transportation concurrency requirements
through the Proportionate Fair-Share Program subiect to the
requirements of subsection (b).
2. Prior to the submittal of an application, eligible applicants
shall schedule a pre-application meeting with City staff.
Subsequent to the pre-application meeting, eligible applicants
shall submit a completed development application and all
documentation requested by the City. If the impacted facility is
on the Strategic Intermodal System (SIS), then FDOT will be
notified and invited to participate in the pre-application meeting.
The City shall also have the option of notifving and inviting
Palm Beach County.
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3. City staff shall review the application and certify that the
application is sufficient and complete within 14 working days. If
an application is determined to be insufficient, incomplete or
inconsistent with the general requirements of the Proportionate
Fair-Share Program as indicated in subsection (b), then the
applicant will be notified in writing of the reasons for such
deficiencies. If such deficiencies are not remedied by the
applicant within 30 days of receipt of the written notification,
then the application will be deemed withdrawn and all fees
forfeited to the City, unless the City determines that the
applicant is working toward a remedy of the stated deficiencies
in good faith, in which case the City may extend the deadline as
deemed appropriate by the City.
4. Pursuant to &163.3180(16)(e), F.S., as amended from time to
time, proposed proportionate fair-share mitigation for
development impacts to facilities on the SIS requires the
concurrency of the FDOT. The applicant shall submit evidence
of an agreement between the applicant and the FDOT for
inclusion in the proportionate fair-share agreement.
5. When an application is deemed sufficient and complete in
accordance with subparagraph 3, above, the applicant shall be
advised in writing and a proposed proportionate fair-share
obligation and binding agreement prepared by the City shall be
executed by the applicant and delivered to the appropriate parties
for review, including a coPy to the FDOT for any proposed
proportionate fair-share mitigation on a SIS facility, no later than
60 days from the date at which the applicant received the
notification of a sufficient and complete application. If the
agreement is not received by the City within these 60 days, then
the application will be deemed withdrawn and all fees forfeited
to the City, unless the City determines that the applicant is
working toward a remedy of the stated deficiencies in good faith,
in which case the City may extend the deadline as deemed
appropriate by the City.
6. No proportionate fair-share agreement will be effective until
approved by the City through an administrative approval.
Section 5.
Determining Proportionate Fair-Share Obligation
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1. Proportionate fair-share mItIgation for transportation
concurrency impacts may include. without limitation. separately
or collectively, private funds, contributions of land, and
construction and contribution of facilities.
2. A development eligible for participation under the
Proportionate Fair-Share Program shall not be required to pav
more than its proportionate fair-share. The fair market value of
the proportionate fair-share mitigation for the impacted facilities
shall not differ regardless of the method ofmitigation.
3. The methodology used to calculate a development's
proportionate fair-share obligation shall be as provided for in
Q163.3180(2), F.S.. as follows:
The cumulative number of trips from the proposed
development expected to reach roadways during peak hours
from the complete build out of a stage or phase being approved.
divided by the change in the peak hour maximum service
volume (MSV) of roadways resulting from construction of an
improvement necessary to maintain the adopted LOS,
multiplied by the construction cost. at the time of developer
pavment, of the improvement necessary to maintain the adopted
LOS.
Mathematically stated as:
Proportionate Fair-Share E rr(Development Tripsj)/(SV
Increase!)) x Costil
Where:
Development Trips! = Those peak hour trips from the stage or
phase of development under review that are assigned to
roadway segment "i" and have triggered a deficiency per the
City's concurrency management system;
SV Increase! = Peak hour service volume increase provided by
the eligible improvement to roadway segment "i" per
subsection (b);
Cost! = Adiusted cost of the improvement to segment "i". Cost
shall include all improvements and associated costs, such as
design, right-of-way acquisition, planning, engineering review,
inspection, administration, and physical development costs
directly associated with construction at the anticipated cost,
including contingencies, in the vear it will be incurred.
Words in strike through type are deletions from existing law;
Words in underlined type are additions.
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4. For the purposes of determining proportionate fair-share
obligations, the City Engineer shall determine improvement
costs based upon the actual and/or anticipated cost of the
improvement in the year that construction will occur.
5. If an improvement is proposed by the applicant, then the
value of the improvement shall be based on an engineer's
certified cost estimate provided by the applicant and approved
by the City Engineer or by some other method approved bv the
City Engineer.
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Section 6.
Impact Fee Credit for Proportionate Fair-Share Mitigation
1. Proportionate fair-share contributions shall be applied as
a credit against road impact fees to the extent that all or a
portion of the proportionate fair-share mitigation is used to
address the same capital infrastructure improvements
contemplated by road impact fees which may hereafter be
established by the City.
2. The proportionate fair-share obligation is intended to
mitigate the transportation impacts of a proposed proiect. As a
result, any road impact fee credit based upon proportionate
fair-share contributions for a proposed proi ect cannot be
transferred to any other proiect.
Section 7.
Proportionate Fair-Share Agreements
1. Upon execution of a proportionate fair-share agreement
("Agreement"), the applicant shall receive a certification of
concurrency reservation for capital road facilities. Should the
applicant fail to apply for a development permit within 12
months, then the Agreement shall be considered null and void,
and the applicant shall be required to reapply, unless the City
and the applicant mutually agree to an extension.
2. Payment of the proportionate fair-share contribution is
due in full no later than issuance of the first building permit,
and shall be non-refundable. If the payment is submitted more
than 90 days from the date of execution of the Agreement, then
the proportionate fair-share cost shall be recalculated at the
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time of payment, pursuant to subsection (e) and adi listed
accordinglv.
3. In the event an Agreement requires the applicant to pay
or build 100 percent of one or more road improvements. all
such improvements shall be commenced prior to issuance of a
building permit and assured bv a binding agreement that is
accompanied by a Performance Security, as determined by the
City, which is sufficient to ensure the completion of all
required improvements.
4. Dedication of necessary rights-of-way for facility
improvements pursuant to a proportionate fair-share agreement
shall be completed prior to issuance of the first building
permi t.
5. Any requested change to a development subsequent to
the issuance of a development order may be subiect to
additional proportionate fair-share contributions to the extent
the change would generate additional traffic that would require
additional mitigation.
6. Applicants may submit a letter to withdraw from the
proportionate fair-share agreement at any time prior to the
execution of the agreement. The application fee and anv
associated advertising costs paid to the City will be non-
refundable.
Section 8.
Appropriation of Fair-Share Revenues
1. Proportionate fair-share revenues shall be placed in the
appropriate project account for funding of scheduled
improvements in the CIE, or as otherwise established in the
terms of the proportionate fair-share agreement. Proportionate
fair-share revenues may be used as the 50 percent local match
for funding under the FDOT TRIP. or any other matching
requirement for State and Federal grant programs as may be
allowed by law.
2. In the event a scheduled facility improvement is removed
from the CIE, then the revenues collected for its construction
may be applied toward the construction of another
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Section 6.
improvement within the City that would mitigate the impacts
of development pursuant to the requirements of subsection (b).
It is the intention of the City Commission of the City of Boynton
5 Beach, Florida that the provisions of this ordinance shall become and be made a part of the
6 City of Boynton Beach Land Development Regulations. The sections of this ordinance may
7 be re-numbered or re-Iettered and the word "ordinance" may be changed to "section,"
8 "article," or such other appropriate word or phrase in order to accomplish such intentions.
9
Section 7.
All Ordinances or parts of Ordinances, Resolutions or parts of
10 Resolutions in conflict herewith be, and the same are hereby repealed to the extent of such
11 conflict.
12
Section 8.
If any clause, section, or other part or application of this Ordinance shall
13 be held by any court of competent jurisdiction to be unconstitutional or invalid, such
14 unconstitutional or invalid part or application shall be considered as eliminated and so not
15 affecting the validity of the remaining portions or applications remaining in full force and
16 effect.
17
Section 9.
18 and adoption.
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This Ordinance shall become effective immediately upon its passage
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2
FIRST READING, this 5" day of March, 2007.
SECOND, FINAL READING AND PASSAGE, this
,2007.
day of
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5 CITY OF BOYNTON BEACH, FLORIDA
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8 Mayor - Jerry Taylor
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11 Vice Mayor - Jose Rodriguez
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14 Commissioner - Ronald Weiland
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17 Commissioner - Mack McCray
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20 Commissioner - Carl McKoy
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23 ATTEST:
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27 Janet Prainito, City Clerk
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31 (CORPORATE SEAL)
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/~" rY'
-'( ~
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C\
DEPARTMENT OF DEVELOPMENT
Planning & Zoning Division
Memorandum No. PZ 07- 004
TO:
FROM:
Chair and Members
Planning and Development Board
Community Redevelopment Agency Board and
Mayor and City Commission
Hanna Matr~
Economic Planner
THROUGH:
Michael W. Rumpf
Director of Planning and Zoning
DATE:
January 17/ 2007
SUBJECT:
Proportionate Fair-Share Mitigation Program
Concurrency was established as the backbone to the Florida's growth management
system. The purpose of concurrency management is to ensure that the necessary public
facilities and services are available concurrent with the impacts of development.
Transportation concurrency is based on the level of service standards for roadway
facilities, which are defined in the City's Comprehensive Plan.
The level of service standards in the Comprehensive Plan apply to all roadways within
the City limits. However, it is Palm Beach County that has countywide responsibility for
transportation concurrency management through its Charter. This concurrency
management system is defined by the County's Traffic Performance Standards
Ordinance. The ordinance does not apply to "local" roads - roads within the City that
are not the responsibility of Palm Beach County or the Florida Department of
Transportation (FDOT). Currently, there is no system in place to monitor level of service
on local roads.
The 2005 amendments to the Florida's growth management legislation directed local
governments to enact concurrency management ordinances that allow for
"proportionate share" contributions from developers toward concurrency requirements.
The intent of the proportionate fair-share option is to provide applicants for
development an opportunity to proceed under certain conditions, notwithstanding the
failure of transportation concurrency, by contributing their share of the cost of
improving the impacted transportation facility.
The deadline for enactment of the ordinance was December 1, 2006. At the beginning
of 2006 the City contacted the Florida Department of Community Affairs (DCA) with the
request for review of the need for a proportionate fair-share mitigation program for
municipal governments operating under the Palm Beach County's Traffic Performance
Standards Ordinance. Initially, both City and County staff considered the municipal-
level ordinance unnecessary; however, DCA disagreed and it was not until November
2006 that the State confirmed its position that the City is subject to the program as
required by 9163.3180(16), F.S..
The enactment of the proportionate fair-share program for the City requires
establishment of the transportation concurrency review for local roadway facilities.
Therefore, the relevant sections of the City's concurrency ordinance need to be
amended to include local road concurrency review. The City's proportionate fair-share
program will apply only to these facilities; roadways which are under the jurisdiction of
Palm Beach County or FDOT will operate under a similar program enacted by the
County.
The draft ordinance is based on the template developed for DCA by the Florida
Department of Transportation.
,_.-.-.-_....."'".~.,~""""~~""...........""""_,:,"""'_""l"',""<~",o""",.,'
PROPOSED ORDINANCE NO.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 1.5, ARTICLE VI OF THE CITY'S LAND
DEVELOPMENT REGULATIONS, ENTITLED "CONCURRENCY
REQUIREMENTS"; SPECIFICALLY AMENDING SECTION 6,
ENTITLED "PUBLIC FACILITIES SHALL BE AVAILABLE FOR
DEVELOPMENT PROJECTS CONSISTENT WITH ADOPTED
LEVELS OF SERVICE"; SPECIFICALLY AMENDING SECTION 8,
ENTITLED "ARTICLES OF ADMINISTRATION"; SPECIFICALLY
AMENDING SECTION 9, ENTITLED "PROCEDURES FOR
CERTIFICATION OR CONDITIONAL CERTIFICATION OF
CONCURRENCY"; PROVIDING CITY ADMINISTRATION WITH
THE AUTHORITY TO REVIEW CONCURRENCY STANDARDS OF
LOCAL CITY ROADS; CREATING CHAPTER 1.5, ARTICLE VIII,
TO BE ENTITLED "PROPORTIONATE FAIR-SHARE MITIGATION
OF TRANSPORTATION IMPACT"; PROVIDING FOR
COMPLIANCE WITH THE REQUIREMENTS OF SECTION
163.3180, FLORIDA STATUTES, AS AMENDED FROM TIME TO
TIME, TO. PROVIDE FOR THE ENACTMENT OF A
PROPORTIONATE FAIR-SHARE MITIGATION ORDINANCE;
PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Palm Beach County is responsible for maintaining the
concurrency standards on county and state roads located within the City of
Boynton Beach (hereinafter referred to as the "City"); and
WHEREAS, the City Commission deems it to be in the best interests of
the citizens and residents of the City for the City's administrative staff to
maintain concurrency standards on the City roads located within its jurisdiction;
and
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PROPOSED ORDINANCE NO. 2006-_
ORDINANCE NO.
WHEREAS, the 2005 Florida State Legislature adopted amendments to
the state growth management program which directed local governments to
comply with a requirement that "proportionate share contributions" be accepted
from developers in satisfaction of statewide transportation concurrency
requirements; and
WHEREAS, pursuant to Section 163.3180, Florida Statutes, the City is
required to enact an ordinance to provide that the City accept proportionate
share contributions from developers in order to satisfy statewide transportation
concurrency requirements; and
WHEREAS, the City Commission deems it to be in the best interests of
the health, safety and welfare of the citizens and residents of the City to create
Article VIII in Chapter 1.5 of the City's Land Development Regulations as
provided herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct, and are hereby incorporated herein
and made a part hereof.
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PROPOSED ORDINANCE NO. 2006-_
ORDINANCE NO.
Section 2. Section 6 of Article VI of the City of Boynton Beach land
Development Regulations, entitled "Public facilities shall be available for
development projects consistent with adopted levels of service", is hereby
amended as follows:
Section. 6. Public facilities shall be available for development
projects consistent with adopted levels of service
C. For roads that are the responsibility of Palm Beach County or
the Florida Department of Transportation (FOOT), the requirements
set forth in subsection (a) above shall be satisfied if the
development order or permit complies with the Palm Beach County
Traffic Performances Standards Ordinance. In the event that the
Palm Beach County Traffic Performance Standards Ordinance is
repealed, the conditions which apply shall be those which were set
forth in the most recent Palm Beach County Traffic Performance
Standards Ordinance which was in effect in the City, except that
any levels of service for particular roadway links which are adopted
in the city's comprehensive plan shall apply to those links.
D. For a roadway facility that is not the responsibility of Palm
Beach County or the Florida Department of Transportation (FOOT)
and which is subiect to the Proportionate Fair-Share Aoreement
pursuant to Chapter 1.5. Article VIII of the City's Land Development
Reoulations. the timino of improvements set as a condition of
development approval is determined by the five-year capital
improvement schedule in the Capital Improvement Element of the
Comprehensive Plan. or otherwise established by said Aoreement.
-l*~ In determining whether public facilities are available
consistent with the requirements of this section and Section 5, the
demand for such public facilities which would be created by other
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PROPOSED ORDINANCE NO. 2006-_
ORDINANCE NO.
development orders and permits which are exempt, or for which
certification of concurrency or conditional certification of
concurrency has been issued shall be taken into account.
Section 3. Section 8 of Article VI of the City of Boynton Beach Land
Development Regulations, entitled "Articles of Administration", is hereby
amended as follows:
Section 8. Articles of Administration
F. The City Enqineer shall review all applications for
development orders and permits for compliance with the
requirements of Section 5. for the purpose of determinino whether
the adopted levels of service for roadways within the City which are
not the responsibility of Palm Beach County or the Florida
Department of transportation would be maintained.
Section 4. Section 9 of Article VI of the City of Boynton Beach Land
Development Regulations, entitled "Procedures for certification or conditional
certification of concurrency", is hereby amended as follows:
Section. 9 Procedures for certification or conditional certification of
concurrency
C. Review to determine adequacy of public facilities.
2. Rules of general applicability.
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PROPOSED ORDINANCE NO. 2006-_
ORDINANCE NO.
d. Categories of development orders and permits for which
concurrency may be certified or conditionally certified.
Roads. Certification of concurrency or conditional
certification for road facilities shall be issued only for "A" cateoory
development orders and penn its, as defined in Section 4.
Section 5. Chapter 1.5, Article VIII of the City of Boynton Beach Land
Development Code, entitled "Proportionate fair-share mitigation of
transportation impact", is hereby created as follows:
Article VIII. Proportionate Fair Share MitiGation of Transportation Impact
Section 1. Purpose and Intent. The purpose of this
section is to establish a method whereby the impacts of
development on transportation facilities can be mitiqated by
the cooperative efforts of the public and private sectors. to
be known as the Proportionate Fair-Share Proqram, as
required by and in a manner consistent with ~163.3180(16).
F.S., as amended from time to time.
Section 2. Applicability. The Proportionate Fair-Share
ProGram shall apply to all developments that fail to meet the
standards of this division on a roadway within the City that is
not the responsibility of Palm Beach County or the Florida
Department of Transportation (FOOT). The Proportionate
Fair-Share Proqram does not apply to Developments of
Reoional Impact (ORis) usinG proportionate fair-share under
~163.3180(12). F.S.. proiects exempted from this division, or
for proiects that received traffic concurrency approval prior to
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PROPOSED ORDINANCE NO. 2006-_
ORDINANCE NO.
January 1.2007.
Section 3. General Requirements. An applicant may
choose to satisfy the transportation concurrency
requirements by makinq a proportionate fair-share
contribution, so lonq as each of the followinq requirements
are met:
1. The proposed development is consistent with the
comprehensive plan and applicable land development
requlations.
2. The road improvement necessary to maintain the
LOS for transportation is identified in the five-year
schedule of capital improvements in the Capital
I mprovement Element of the Comprehensive Plan.
3. Any improvement proiect proposed to meet the
developer's fair-share obliqation shall meet the City's
desiqn standards for locally maintained roadways.
4. Interqovemmental Coordination. Pursuant to policies
in the Interqovernmental Coordination Element of the
Comprehensive Plan, the City shall coordinate with
Palm Beach County and other affected iurisdictions
such as FDOT, reqardinq mitiqation to impacted
facilities not under the jurisdiction of the local
qovernment receivinq the application for proportionate
fair-share mitiqation.
Section 4. Application Process
1. In the event of a lack of capacity. the applicant
shall have the opportunity to satisfy transportation
concurrency requirements throuqh the Proportionate
Fair-Share Proqram subject to the requirements of
subsection (b).
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PROPOSED ORDINANCE NO. 2006-_
ORDINANCE NO.
2. Prior to the submittal of an application, eliqible
applicants shall schedule a pre-application meetinq
with City staff. Subsequent to the pre-application
meetina, eliaible applicants shall submit a completed
development application and all documentation
reauested by the City. If the impacted facility is on the
Strateaic Intermodal System (SIS). then FOOT will be
notified and invited to participate in the pre-application
meetina. The City shall also have the option of
notifvina and invitinq Palm Beach County.
3. City staff shall review the application and certify
that the application is sufficient and complete within
14 workinq days. If an application is determined to be
insufficient. incomplete or inconsistent with the
aeneral reauirements of the Proportionate Fair-Share
Proqram as indicated in subsection (b), then the
applicant will be notified in writinq of the reasons for
such deficiencies. If such deficiencies are not
remedied by the applicant within 30 days of receipt of
the written notification, then the application will be
deemed withdrawn and all fees forfeited to the City.
unless the City determines that the applicant is
workina toward a remedy of the stated deficiencies in
Qood faith, in which case the City may extend the
deadline as deemed appropriate by the City.
4. Pursuant to ~163.3180(16)(e), F.S., as amended
from time to time, proposed proportionate fair-share
mitiqation for development impacts to facilities on the
SIS requires the concurrency of the FOOT. The
applicant shall submit evidence of an aareement
between the applicant and the FOOT for inclusion in
the proportionate fair-share aqreement.
5. When an application is deemed sufficient and
complete in accordance with subparaaraph 3. above.
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Page 7 of 14
PROPOSED ORDINANCE NO. 2006-_
ORDINANCE NO.
the applicant shall be advised in writinq and a
proposed proportionate fair-share obliqation and
bindinq aqreement prepared bv the City shall be
executed bv the applicant and delivered to the
appropriate parties for review. includinq a copy to the
FDOT for any proposed proportionate fair-share
mitiqation on a SIS facilitv. no later than 60 days from
the date at which the applicant received the
notification of a sufficient and complete application. If
the aqreement is not received bv the City within these
60 days, then the application will be deemed
withdrawn and all fees forfeited to the City. unless the
City determines that the applicant is workinq toward a
remedy of the stated deficiencies in qood faith. in
which case the City may extend the deadline as
deemed appropriate bv the City.
6. No proportionate fair-share aqreement will be
effective until approved bv the City throuqh an
administrative approval.
Section 5. Determininq
Obliqation
Proportionate
Fair-Share
1. Proportionate fair-share mitiqation for
transportation concurrency impacts may include.
without limitation, separatelv or collectivelv. private
funds. contributions of land. and construction and
contribution of facilities.
2. A development eliqible for participation under the
Proportionate Fair-Share Proqram shall not be
required to pay more than its proportionate fair-share.
The fair market value of the proportionate fair-share
mitiqation for the impacted facilities shall not differ
reqardless of the method of mitiqation.
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PROPOSED ORDINANCE NO. 2006-_
ORDINANCE NO.
3. The methodoloqV used to calculate a
development's proportionate fair-share obliqation
shall be as provided for in &163.3180(12), F.S.. as
follows:
The cumulative number of trips from the proposed
development expected to reach roadways durino
peak hours from the complete build out of a staoe or
phase beino approved. divided bv the chanoe in the
peak hour maximum service volume (MSV) of
roadways resultino from construction of an
improvement necessary to maintain the adopted
LOS, multiplied bv the construction cost. at the time
of developer payment. of the improvement
necessary to maintain the adopted LOS.
Mathematicallv stated as:
Proportionate Fair-Share = L H(Development
Tripsj)/(SV Increasej)l x Costil
Where:
Development Tripsj = Those peak hour trips
from the staae or phase of development under
review that are assioned to roadway seoment "i" and
have triooered a deficiency per the City's
concurrency manaoement system:
SV Increasei = Peak hour service volume
increase provided bv the elioible improvement to
roadway seoment "i" per subsection (b);
Costj = Adiusted cost of the improvement to
seament "i". Cost shall include all improvements and
associated costs. such as desion, rioht-of-wav
acouisition, plannino, enaineerino review. inspection.
administration, and phvsical development costs
directlv associated with construction at the
anticipated cost. includino continoencies, in the year
it will be incurred.
Words in strike through type are deletions from existing law;
Words in underlined type are additions.
Page 9 of 14
PROPOSED ORDINANCE NO. 2006-_
ORDINANCE NO.
4. For the purposes of determininq proportionate
fair-share obliqations. the City Enqineer shall
determine improvement costs based upon the actual
and/or anticipated cost of the improvement in the
year that construction will occur.
5. If an improvement is proposed by the
applicant. then the value of the improvement shall
be based on an enqineer's certified cost estimate
provided by the applicant and approved by the City
Enqineer or by some other method approved by the
City Enqineer.
Section 6.
Mitiqation
Impact Fee Credit for Proportionate Fair-Share
1. Proportionate fair-share contributions shall be
applied as a credit aqainst road impact fees to the
extent that all or a portion of the proportionate fair-
share mitiqation is used to address the same capital
infrastructure improvements contemplated by road
impact fees which may hereafter be established by
the City.
2. The proportionate fair-share obliqation is
intended to mitiqate the transportation impacts of a
proposed proiect. As a result. any road impact fee
credit based upon proportionate fair-share
contributions for a proposed proiect cannot be
transferred to any other project.
Section 7.
Proportionate Fair-Share Aqreements
1. Upon execution of a proportionate fair-share
aqreement ("Aqreement"), the applicant shall
receive a certification of concurrency reservation for
capital road facilities. Should the applicant fail to
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PROPOSED ORDINANCE NO. 2006-_
ORDINANCE NO.
applv for a development permit within 12 months.
then the Aqreement shall be considered null and
void. and the applicant shall be reauired to reapplv.
unless the City and the applicant mutuallv aaree to
an extension.
2. Payment of the proDortionate fair-share
contribution is due in full no later than issuance of
the first buildinq permit. and shall be non-
refundable. If the payment is submitted more than
90 days from the date of execution of the
Aqreement. then the proportionate fair-share cost
shall be recalculated at the time of payment.
pursuant to subsection (e) and adjusted accordinqlv.
3. In the event an Aqreement reauires the
applicant to pavor build 100 percent of one or more
road improvements. all such improvements shall be
commenced prior to issuance of a buildina permit
and assured bv a bindinq aareement that is
accompanied bv a Performance Security. as
determined bv the City. which is sufficient to ensure
the completion of all required improvements.
4. Dedication of necessary riqhts-of-wav for
facilitv improvements pursuant to a proportionate
fair-share aqreement shall be completed prior to
issuance of the first buildinq permit.
5. Anv reauested chanae to a development
subsequent to the issuance of a development order
may be subiect to additional proportionate fair-share
contributions to the extent the chanqe would
qenerate additional traffic that would reauire
additional mitiqation.
Words in strike through type are deletions from existing law;
Words in underlined type are additions.
Page 11 of 14
PROPOSED ORDINANCE NO. 2006-_
ORDINANCE NO.
6. Applicants may submit a letter to withdraw from
the proportionate fair-share aqreement at any time
prior to the execution of the aqreement. The
application fee and any associated advertisinq costs
paid to the City will be non-refundable.
Section 8.
Appropriation of Fair-Share Revenues
1 . Proportionate fair-share revenues shall be
placed in the appropriate proiect account for fundinq
of scheduled improvements in the CIE, or as
otherwise established in the terms of the
proportionate fair-share aqreement. Proportionate
fair-share revenues may be used as the 50 percent
local match for fundinq under the FDOT TRIP, or
any other matchinq requirement for State and
Federal qrant proqrams as may be allowed by law.
2. In the event a scheduled facility improvement
is removed from the CIE, then the revenues
collected for its construction may be applied toward
the construction of another improvement within the
City that would mitiqate the impacts of development
pursuant to the requirements of subsection (b).
Section 6. It is the intention of the City Commission of the City of
Boynton Beach, Florida that the provisions of this ordinance shall become and
be made a part of the City of Boynton Beach Land Development Regulations.
The sections of this ordinance may be re-numbered or re-Iettered and the word
"ordinance" may be changed to "section," "article," or such other appropriate
word or phrase in order to accomplish such intentions.
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"''''";O<'o''''''''';;V",,,,,,",,,,.,,;.;,,.,.''''';'''''''''~'''''i''~''",_i~'''''1$........"....,,'-._
PROPOSED ORDINANCE NO. 2006-_
ORDINANCE NO.
Section 7. All Ordinances or parts of Ordinances, Resolutions or parts
of Resolutions in conflict herewith be, and the same are hereby repealed to the
extent of such conflict.
Section 8. If any clause, section, or other part or application of this
Ordinance shall be held by any court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall
be considered as eliminated and so not affecting the validity of the remaining
portions or applications remaining in full force and effect.
Section 9. This Ordinance shall become effective immediately upon its
passage and adoption.
FIRST READING, this _ day of January, 2007.
SECOND, FINAL READING AND PASSAGE, this
,2007.
day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
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ATTEST:
PROPOSED ORDINANCE NO. 2006-_
ORDINANCE NO.
Commissioner
City Clerk
Commissioner
(CORPORATE SEAL)
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XII. - LEGAL
ITEM E.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
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
D December 5, 2006 November 20,2006 (Noon,) D
D January 2, 2007 December 18,2006 (Noon) D March 5, 2007 February 12,2007 (Noon)
D January 16, 2007 January 2, 2007 (Noon) [gj March 20, 2007 March 5, 2007 (Noon)
D February 13, 2007 January 22, 2007 D April 3,2007 March 19, 2007 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda ~ Legal
D Code Compliance & Legal Settlements D Un[mished Business
D Public Hearing D
RECOMMENDATION:
Consider whether the City should retain Mark Raymond of Holland & Knight as the
City's Bond Counselor retain a new attorney with the law fIrm Moyle, Flanigan, Katz,
Raymond, White & Krasker as the City's Bond Counsel and authorize the City Manager
to sign a letter indicating the City Commission's decision.
EXPLANATION:
Mark Raymond, through the fIrm of Moyle, Flanigan, et a1., has represented the City of
Boynton Beach as the City's Bond Counsel since January, 1990. Recently, Mark
Raymond left Moyle, Flanigan and has joined the law fIrm of Holland & Knight, LLP,
located at 222 Lake Avenue, West Palm Beach. Through a letter dated February 28,
2007, and addressed to the City Manager, the law firm of Moyle, Flanigan has requested
the City indicate whether it wishes to transfer its fIles to Holland & Knight so that Mark
Raymond can continue to work on the City's Bond matters; or keep the City's fIles and
representation at Moyle, Flanigan.
PROGRAM IMP ACT:
None
FISCAL IMPACT:
N/A
ALTERNATIVES:
Not authorize the City Manager to sign the letter from Moyle Flanigan and retain new
Bond Counse1.
City Manager
Department Name
'~,
Department Head's Signature
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
MOYLE, FLANIGAN, KATZ, RAYMOND, WHITE & KRASKER, P.A.
ATTORNEYS AT LAW
Office Address:
625 North Flagler Drive - 9th Floor
West Palm Beach, Florida 3340]-4025
Telephone: (56]) 659-7500
Facsimile: (561) 659-1789
February 28,2007
Kurt Bressner
City Manager
City of Boynton Beach, Florida
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Dear Mr Bressner:
Mark E. Raymond has been responsible for the provision of bond counsel services to the City of
Boynton Beach, F]orida("BB") by Moyle, Flanigan, Katz, Raymond, White & Krasker, P.A, Effective March
1, 2007, Mr Raymond has elected to depart from this firm to join the firm of Holland & Knight LLP,
Consistent with Florida Bar Rules of Professional Conduct, we are writing you to request your instructions
in dealing with the representation and files of BB for which Mr. Raymond has been responsible,
lfyou wish to have the files and matters transferred to Holland & Knight, where Mr Raymond will
continue to represent BB with respect to the matters related thereto, please sign on the appropriate line
below, and the files and representation will be transferred to Holland & Knight, and this Firm will have no
further responsibility for the files.
If you wish Moyle, Flanigan, Katz, Raymond, White & Krasker, PA to continue to represent BB
as bond counsel, please sign on the appropriate line below and a partner of this finn will contact you,
Sincerely,
;?)7f
Mark E. Raymond
Wilton White
_ Transfer the files and representation to Holland & Knight LLP,
_ Keep the files and representation at Moyle, Flanigan, et a]
City of Boynton Beach, Florida
By:
Name: Kurt Bressner
Title: City Manager
Date: _,2007
Page 1 of 1
Mummert, Bill
~.~.".,.YO_.____~...__,.._..,_~_~._,..,.",,_~__~.__,_,-_.~---,-,--~----^_..__._._._--"
From: mark.raymond@hklaw.com
Sent: Thursday, March 01, 2007 10:59 AM
Good morning. As of today I have joined Holland & Knight. Here is my new contact info.
Holland + Knight
Mark E. Raymond
Senior Counsel
Holland & Knight LLP
222 Lakeview Avenue
Suite 1000
West Palm Beach, FL 33401
Main 561.833.2000
Direct 561.650.8349
Fax 561.650.8399
Email mark.raymond@hklaw.com
www.hklaw.com
NOTICE: This e-mail is from a law firm, Holiand & Knight LLP ("H&K"), and is intended solely for the use of tile individual(s) to
whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from
your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in
this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply
that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counselor retained expert of H&K, you
should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available
to protect confidentiality.
3/7 /2007